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HomeMy WebLinkAbout01-16-2002 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JANUARY 16, 2002 CALL MEETING TO ORDER - 5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney Initiation of litigation (Gov't Code section 54956.9(c): (1 potential case). Consideration of Liability Claims (Gov't Code 54957): Claimant: Patrick Leung Agency claimed against: City of Saratoga Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Court No. CV-803540) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION 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 January 11, 2002) ~IdO~ EAIH~2IV COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. CEREMONIAL ITEMS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one 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. lA. Approve Council Meeting Minutes Regular Meeting -November 7, 2001 Recommended action: Approve minutes. 1B. Approve Council Meeting Minutes Adjourned Meeting -December 11, 2001 Recommended action: Approve minutes. 1C. Approve Council Meeting Minutes Regulaz Meeting -December 19, 2001 Recommended action: Approve minutes. 1D. Approve Council Meeting Minutes Regulaz Meeting -January 2, 2002 Recommended action: Approve minutes. Agenda 2 January 16, 2001 1 E. Review of Check Register Recommended action: Approve check register. 1 F. Review Planning Commission Action Minutes - January 9, 2002 Recommended action: Note and file. 1 G. Commission Attendance Records Recommended action: Accept records. 1H. Adopt Resolution Supporting "Yes on 42" Recommended action: Adopt resolution. lI. Claim of Saratoga Fire Protection District; Claim No. GL-053408 Recommended action: Reject claim. 1J. Financial Reports for the Months Ending December 2001 Recommended action: • Accept reports. 1K. Consider Joining Amicus Brief in Chapter Communication v. County of Santa Cruz, C99-1874 WHA (N.D. Cal.) regarding Attorneys Fee Awards Recommended action: Approve request to join amicus brief. PUBLIC HEARINGS 2. Appeal of an Administrative Decision to Require Sound Mitigation Dr. John Oliver, Property Owner 12240-12250 Saratoga-Sunnyvale Road Recommended action: Open public hearing; close public hearing; deny the appeal and uphold Resolution 91-03. Use of City Parks for Recreational Sporting Events: Draft Parks and Recreation Ordinance Recommended action: Conduct public hearing; waive the second reading; approve ordinance. OLD BUSINESS 4. Claim of Patrick Leung; Claim No. GL-0053005 Recommended action: Reject claim. Agenda 3 January 16, 2001 NEW BUSINESS Congress Springs Park - Approval of User Agreements and Discussion of User Fees Recommended action: Adopt resolution and authorize City Manager to execute agreements. 6. Approval of Professional Services Agreement for Landscape Architecture Services with MPA Design in connection with the Azule Park Improvement Project Recommended action: Authorize City Manager to execute agreement. Consideration of Initiating a Study to Create a Single Story Zoning Overlay Requirement for the Brookview and Saratoga Woods Neighborhoods Recommended action: Adopt resolution. 8. Economic Development Options Recommended action: Accept report and direct staff accordingly. 9. Commission Eligibility Requirements Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Arts Commission Waltonsmith Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Cormission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT Agenda 4 January 16, 2001 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) SCHEDULED CITY COUNCIL MEETINGS i January 22, 2002 Adjourned Meeting -Joint Session Planning Commission/lleritage Preservation Commission Adult Day Care Center 19655 Allendale Avenue Saratoga, California February 6, 2002 Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California February 12, 2002 Adjourned Meeting -Joint Session Public Safety Commission, Saratoga Union School District, Cupertino School District, Campbell Union School District Adult Day Care Center 19655 Allendale Avenue Saratoga, California February 20, 2002 Agenda .Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. January 16, 2001 I SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 ORIGINATING D T• PREPARED BY: AGENDA ITEM: I ~ ~_j~ , CITY MANAGER: O~//--~`'--_ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -November 7, 2001 REPORT SUMMARY: N/A 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/November 7, 2001 MINUTES SARATOGA CITY COUNCIL NOVEMBER 7, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 4:25 p.m. to interview applicants for the Arts Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:45 p.m. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION: (Government Code section 54956.9(c)): (1 case) MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Re lug ar City Council meeting to order at 7:06 p.m. and requested Councilmember Evan Baker, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councihnembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Mayor John Mehaffey ABSENT: Vice Mayor Nick Streit ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Director of Admin. Services John Cherbone, Director of Public Works Danielle Surdin, Economic Development Coordinator REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 7 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 7, 2001 was properly posted on November 2, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: ~J C~ City Council Minutes 1 November 7, 2001 Willys Peck, 14275 Saratoga Avenue, noted he was present tonight representing the Saratoga Historical Foundation. Mr. Peck requested~that the City allow the Foundation to apply for a Park Charter Fund Grant from Santa Clara County in order to expand the Historical Museum located on Saratoga-Los Gatos Road. Mr. Peck explained that the current building lacks storage space and an office. john Keenan, 22215 Mt. Eden Road, thanked the Council for their ongoing support. Mr. Keenan noted that although the F.A.C.T Committee members who were running for Fire Commission did not win they would not loose focus on improving fire safety in the City of Saratoga. Ed Farrell, 20877 Kittridge Road, noted that the Fire Commission election was the best hope for reform in the Saratoga Fire District. Mr. Farrell noted that the F.A.CT. Committee candidates came up short on votes and the incumbent and a new commissioner won. Mr. Farrell noted that F.A.C.T would continue to follow through with the L.A.F.C.O. process. Mr. Farrell thanked the City Council for their ongoing support. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith noted that Mr. Peck's request should be agendized and taken care of in a speedy manner. Councilmember Waltonsmith thanked the members of the F.A.C.T. group for coming to tonight's meeting. Councilmember Bogosian noted that the Public Safety Center Complex is extremely important what hangs in the balance is not just an efficient fire house but the long term viability of the Sheriff s presence in the City of Saratoga. Councilmember Bogosian requested that City staff move forward with the Public Safety Center and to work with the new Fire Commissioners. ANNOUNCEMENTS Mayor Mehaffey congratulated the newly elected Fire Commissioners Mr. Geddes and Mr. Long. . CEREMONIAL ITEMS None Consensus of the City Council to move to Item 3. City Council Minutes 2 November 7, 2001 OLD BUSINESS 3. PRESENTATION BY VALLEY TRANSPORTATION AUTHORITY - HIGHWAY 85 STAFF RECOMMENDATION: Informational only. Mike Evanhoe, Santa Clara Valley Transportation Authority, noted that tonight he and his colleague, Jeff Funk, would summarize the Highway 85 Noise Mitigation Study and distribute a copy of the final draft of the Evaluation of Noise Mitigation Alternatives for Route 85. Mr. Evanhoe explained that three noise mitigation alternatives were compared and studied: 1. Modify pavement; AC Overlay vs. PCC Grinding Results of numerous studies indicate that asphalt concrete pavement is quieter that PCC pavement in the initial phases of life span of these surfaces. However, the asphalt pavements show a definite tendency to get noisier with age; whereas, noise levels for the PCC seem to remain relatively constant over time. Thus, when comparing using AC overlays vs. PCC grinding to reduce noise, the AC overlay would have to be milled out and replaced about every 4- 6yeazs in order to maintain the initial noise benefit, compared to re-grinding every 10 yeazs for PCC. The continual replacement significantly impacts the life cycle cost for these options, despite similar noise benefits, with the AC overlay options costing about twice as much as the PCC grinding. However, both these options would benefit all the residences along the study limit. 2. Extend Noise Barriers: Wall Height Increases vs. Acoustical Capping Results of the analysis indicate that noise reductions from maximum possible soundwall height increase or wall capping range between 1 and 2dBA for the majority of the 4.2 miles study limit. This amount of noise reduction is considered negligible. However, four locations, involving a total of approximately 4500 feet of soundwall (approximately 20% of the study limit), were identified where noise levels could be reduced by 3-4 dBA to the benefit of approximately 63 nearby residences. Extension of these specific walls would require strengthening of the foundations, as well as the walls, resulting in significant construction impacts. 3. Add Absorptive Material: Metallic panels vs. Landscaping The noise reductions associated with the installation of absorptive panels to the soundwalls and retaining walls will be less that 2 dBA. Similar noise reductions could be expected in azeas where additional landscaping, dense shrubs and ivy, aze provided. When comparing the addition of absorptive panels vs. landscaping, adding landscaping would probably be the preferred because of its lower costs and more positive aesthetic qualities. Neither of these alternatives would be considered as a stand-alone noise mitigation City Council Minutes 3 November 7, 2001 option, since noise reductions of less than 3 dBA aze considered imperceptible. However, these altematives could be considered in conjunction with other mitigation altematives. Mr. Evanhoe explained that after all the alternatives were studied, only modifying the pavement and extending the noise barriers produce a perceptible reduction in noise. Therefore, it is these altematives that aze recommended for implementation. Specifically, PCC grinding is the option recommended for modifying the pavement. PCC grinding is preferred over a AC overlay since it provides a similaz noise benefit at a life-cycle cost about half the cost of the AC overlay option. In addition, PC grinding of the surface results in a surface with lower level of ongoing maintenance requirements, lessening the impacts to the traveling public during maintenance activity, and reducing exposure of maintenance workers to traffic. The expected life span of the noise benefit for PCC grinding is greater than that for the AC overlay. Mr. Evanhoe noted that soundwall height increase and/or acoustical capping for specific soundwall locations is also recommended for implementation. Increasing the soundwall height and acoustical capping have similar noise reduction benefits and costs. Mr. Evanhoe noted that two viable cost effective mitigation alternatives are recommended for implementation. The next step is for the VTA to begin developing these alternatives by initiating the project development process. This process would include preliminary engineering, environmental approvals, and design for tow projects. Mr. Evanhoe noted that Project 1 (Grinding of the existing PCC) would be based on utilizing standard diamond grinding. Mr. Evanhoe briefly explained that diamond grinding is a concrete restoration technique that can be used to correct a variety of surface problems. It provides a smooth riding surface with desirable friction and noise chazacteristics. Grinding of the old PCC pavement can eliminate the extra noise caused by cracks and uneven slabs as well as reducing the tire and roadway interaction noise levels. Mr. Evanhoe explained that the Santa Clara County 1996 Measure B Transportation Improvement Program includes $9.3 million for noise mitigation along Route 85 corridor from Interstate 280 to Route 87. Implementing the two projects would cost approximately $7 million, including engineering and construction costs, which is within the funding available. Mr. Evanhoe noted that the proposal for grinding goes before the VTA Boazd on January 10, 2002. A discussion took place amongst the City Council whether or not microgrinding would alleviate the noise on Highway 85. Mr. Evanhoe stated that if he felt that microgrinding was not a sufficient solution, he would not be recommending it to the Council tonight. City Council Minutes 4 November 7, 2001 Mayor Mehaffey noted that the information on microgrinding is limited and he is not willing to make any concrete decisions without more information. Mr. Evanhoe suggested that perhaps the proposal for microgrinding before the VTA Board in January be postponed to February and come back to Council in January with more information on microgrinding. Richard Lowenthal, City Councilmember/City of Cupertino, noted that the City of Cupertino would like to partner with the City of Saratoga on any decisions made on Highway 85. Mr. Evanhoe suggested a Joint Study Session with the City of Sazatoga and City of Cupertino. Mr. Evanhoe stated that he would be willing to facilitate the meeting. The City Council thanked Mr. Evanhoe and Mr. Funk for the presentation. Mayor Mehaffey noted that it was not the appropriate time to begin the Public Hearings and requested to move to Item 1C. Consensus of the Council to move to Item 1 C. CONSENT CALENDAR 1C. FISCAL YEAR ENDED NNE 30, 2001- COMPREHENSIVE ANNUAL FINANCIAL REPORT STAFF RECOMMENDATION: Accept report. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca noted that tonight the City of Sazatoga's Comprehensive Annual Financial Report (CAFR) for the yeaz ended June 30, 2001, is presented to the City Council for approval. The CAFR is prepazed pursuant to applicable federal, state and local statutes, that requires the City of Sazatoga annually report on its financial position and activity and that this report be audited by an independent certified public accounting firm. Director Baloca noted that Gary Caporicci of Caporicci, Cropper, & Lazson LLP, was present tonight and would give a brief overview of the City's CAFR. Gary Caporicci, Senior Partner/Caporicci & Crawford, stated that the City of Saratoga is in full compliance with GASB 33. Mr. Caprocci noted that the City is in a wonderful financial condition in the General Fund. The unreserve fund is approximately $9.5 million dollars, relevant to the City's expenditures and ongoing operations. Mr. Caporicci noted that the City's retirement system is in good sound condition and has over $4.7 million dollazs. Mr. Caporicci noted that City Council Minutes 5 November 7, 2001 a future item is GASB 34, which is a brand new financial reporting model that was issued in 1998. Mr. Caporicci noted that the City of Saratoga has akeady begun the process to comply with this new report. Mayor Mehaffey noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 2. Consensus of the Council to move to Item 2. PUBLIC HEARINGS 2. GENERAL PLAN LAND USE MAP AMENDMENT -14800 BOHLMAN ROAD/14766 OAK STREET, APN'S 517-13-018, 517-13-019& 517-12-001 - SOBRATO DEVELOPMENT COMPANY STAFF RECOMMENDATION: Conduct Public Hearing and adopt resolution amending the General Plan Land use Map. TITLE OF RESOLUTION: 01-082 RESOLUTION OF THE CITY COUNCIL AMENDING THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND DESIGNATION OF ASSESSOR PARCEL NUMBERS 517-13-018, 517- 13-019, & 517-12-001 FROM QUASI-PUBLIC FACILITIES TO VERY LOW DENSITY RESIDENTIAL Councilmember Bogosian recused himself from participating in the discussions on this item due to the fact he received a Public Hearing Notice at his residence. Tom Sullivan, Community Development Director presented staff report. Director Sullivan explained that the Planning Commission approved a Tentative map for the subdivision of a 23.5 acre site into 11 lots ranging in size from 40,913 squaze feet to 6.2 acres, this approval is still valid. Minor road widening and the development of a pedestrian walkway along Bohhnan Road have been approved as part of the Tentative map. Two acres will be transferred to the Saratoga Cemetery District for the expansion of the Madronia Cemetery upon recordation of the Final map. Use Pernvts approval was granted to sanction the existing cemetery and to allow for the expansion of the cemetery. Director Sullivan stated that the site is located within an R-1-40,000 zoning district and the current General Plan designation is Quasi Public Facilities. The Planning Commission adopted a resolution recommending the City Council amend the land Use Map from Quasi-Public facilities to Residential- Very Low Density. City Council Minutes 6 November 7, 2001 Director Sullivan noted that the Planning Commission determined that this site is physically suitable for this type of development and the proposed density is consistent with the General Plan guidelines and policies for Residential-Very Low Density designation. Director Sullivan noted that the proposed General Plan amendment is not subject to Measure G. The City Council has the final authority to make the amendment to the General plan. The Tentative Map has been conditioned so that the City Council must act in the positive in order to validate the Tentative Map. Councilmember Waltonsmith noted that she is hesitant to let go ofquasi-public land uses. Councihnember Waltonsmith noted that Sazatoga needs other types of buildings rather than very expensive homes. Mayor Mehaffey opened the public hearing at 7:55 p.m. and invited public comments. There being no public comments Mayor Mehaffey closed the public hearing at 7:56 p.m. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND DESIGNATION OF ASSESSOR PARCEL . NUMBERS 517-13-018.517-13-019. & 517-12-001 FROM OUASI- PUBLIC FACILITIES TO VERY LOW DENSITY RESIDENTIAL. MOTION PASSED 3-0-1-1 WITH STREIT ABSENT AND BOGOSIAN ABSTAINING. OLD BUSINESS 4. APPEAL OF DR-O1-007 &BSE-O1-011 (397-17-034)19751 VERSAILLES WAY APPLICANT: CHEN /APPELLANT: HARI AND YVONNE PILLAI STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-081 RESOLUTION OF THE CITY COUNCIL DENYING AN APPEAL OF THE DESIGN REVIEW APPLICATION DR-O1-007 &BSE-O1-011)19751 VERSAILLES Tom Sullivan, Community Development Director presented staff report. Director Sullivan reported that the City Council directed that this item be placed on the November 7, 001 agenda to reconsider the previous action to refer the project back to the Planning Cormission. The City Council further directed staff to inform the neighbors that if they had issues to discuss regazding the project that City Council Minutes '7 November 7, 2001 they should be at the November 7w meeting. A meeting was conducted at City Hall on October 23, 2001, with the neighbors. The neighborhood representatives were advised of the City Council's direction provided at the October 17, 2001 meeting regarding the importance of them attending the November 7s' meeting. Director Sullivan explained that they were also informed of the Council's desire to only address the setback issue as part of reconsideration. At the end of the meeting with the neighbors, no cleaz consensus was reached with the neighbors with respect to the setback issue. Greg Kawahaza, Architect, 5466 Mollie Circle, Livermore, recapped all the steps that have taken place in regards to this project. Mr. Kawahara noted that his client has gone above and beyond the normal to accommodate the neighbors. Mr. Kawahaza requested that the Council approve the 55 ft. setback. Mary Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, noted that Mr. Chen feels he is being taken advantage by the neighbors and feels there is an underlying reason for it. Mrs. Doble requested that the Council settle this appeal tonight approving the 55 ft. setback. Paul Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, thanked the City Council for their patience. Cliff Moore/Attorney, 1567 English Drive, San-Jose, noted that he represents Mr. Chen. Mr. Moore noted that Mr. Chen has worked diligently with the neighbors trying to resolve their differences and feels that a decision and or compromise will never be reached. BOGOSIANBAKER MOVED TO UPHOLD THE PLANNING COMMISSIONS DECISION BY DENYING APPEAL OF DESIGN REVIEW APPLICATION DR-Oi-007 & BSE-O1-011 19752 VERSAILLES, ADDING FOUR CONDITIONS AND APPROVING THE 55-FOOT SETBACK. MOTION PASSED 3-0-1-1 WITH STREIT ABSENT AND MEHAFFEY ABSTAINING. Referring to letters submitted to Council by neighbors on Versailles protesting this project, Councihnember Baker noted that he disagrees with every objection presented by the neighbors. Councihnember Baker noted that in his opinion Mr. Chen's house would not be out of character in the Versailles neighborhood. Councihnember Baker noted that he has visited that neighborhood and cannot find any consistencies amongst the existing houses in design, color, height, or design. Councihnember Baker noted that several of the issues that came before the City Council should have been resolved at the Planning Commission. City Council Minutes g November 7, 2001 CONSENT CALENDAR lA. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -SEPTEMBER 5, 2001 REGULAR MEETING -SEPTEMBER 19, 2001 STUDY SESSION -OCTOBER 9, 2001 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that the minutes of September 19, 2001 be pulled from the Consent Calendar. Councihnember requested that on page 9, 12`h pazagraph. The word "uneducated" should be replaced with "not sufficiently informed". Councilmember Waltonsmith noted that on page 10, 6`h paragraph "Sacramento" should be replaced with "Oakland". BOGOSIAN/WALTONSMITH MOVED TO APPROVE THE MINUTES OF SEPTEMBER 19.2001 AS AMENDED. MOTION PASSED 4-1 WITH STREIT ABSENT. BAKERBOGOSIAN MOVED TO APPROVE THE MINUTES OF OCTOBER 9.2001. MOTION PASSED 4-1 WITH STREIT ABSENT. The minutes of September 5, 2001 will be agendize on the December 5, 2001 agenda. Councilmember Waltonsmith and Councilmember Baker were absent at that meeting and would have to abstain from voting, so it would be a 2-0-2-1 vote. Vice Mayor Streit needs to be present in order for the minutes to be approved. Mayor Mehaffey suggested that each set of City Council minutes be a separate item on the agenda for approval. 1B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITHBOGOSIAN MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-1 WITH STREIT ABSENT. 1C. FISCAL YEAR ENDED JUNE 30, 2001- COMPREHENSIVE ANNUAL FINANCIAL REPORT STAFF RECOMMENDATION: • Accept report. City Council Minutes 9 November 7, 2001 WALTONSMITH/BOGOSIAN MOVED TO ACCEPT THE FISCAL YEAR ENDED JUNE 30, 2001- COMPREHENSIVE ANNUAL FINANCIAL REPORT. MOTION PASSED 4-1 WITH STREIT ABSENT. 1D. REVIEW PLANNING COMMISSION ACTION MINUTES REGULAR MEETING -OCTOBER 24, 2001 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-1 WITH STREIT ABSENT. lE. CONGRESS SPRINGS PARK- EXTENSION OF SAFETY NETTING STAFF RECOMMENDATION: Authorize execution of agreement and approve change order. WALTONSMITH/BOGOSIANMQVED TO APPROVE CONSTRUCTION PROPOSAL FROM ACTION NETTING. INC. IN THE AMOUNT OF $19,850.00 TO EXTEND THE SAFETY NETTING AT CONGRESS SPRINGS PARK AND APPROVE AUTHORIZATION OF PROFESSIONAL SERVICES AGREEMENT. MOTION PASSED 4-1 WITH STREIT ABSENT. 1F. FINAL MAP APPROVAL FOR ELEVEN LOTS LOCATED AT 14800 BOHLMAN ROAD STAFF RECOMMENDATION: Adopt resolution granting final map approval and authorization to Mayor to execute the Subdivision Improvement Agreement. TITLE OF RESOLUTION: SD-99-003 RESOLUTION OF THE CITY COUNCIL APPROVING THE FINAL MAP OF SD-99-003 14800 BOHLMAN ROAD Councihnember Bogosian requested that Item 1 F be pulled from the Consent Calendar. Councihnember Bogosian stated that he has to recuse himself from participating in the discussions on this item due to the fact he received a Public Hearing Notice at his residence. BAKBR/WALTONSMITH MOVED TO ADOPT RESOLUTION SD-99-003 GRANTING FINAL MAP APPROVAL. MOTION PASSED 3-1-1 WITH STREIT ABSENT AND BOGOSIAN ABSTARJING. City Council Minutes 1 ~ November 7, 2001 BAKER/WALTONSMITH MOVED .TO AUTHORIZE THE EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED 3-1-1 WITH STREIT ABSENT AND BOGOSIAN ABSTAINING. OLD BUSINESS AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH SANTA CLARA COUNTY -PROPERTY TAX SETTLEMENT STAFF RECOMMENDATION: Authorize execution of agreement. Mayor Mehaffey removed Item 5 from the agenda and directed staff to agendize it for the meeting of December 5, 2001. At 8:20 p.m. Mayor Mehaffey announced that the City Council would take a ten minute break Mayor Mehaffey reconvened the meeting at 8:30 p.m. NEW BUSINESS 6. RELEASE OF DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE RECTOR, WARDENS, AND VESTRYMAN OF ST. ANDREW'S PARISH STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-080 RESOLUTION OF THE CITY COUNCIL OF SATISFACTION AND RELEASE OF IMPROVEMENT AGREEMENT John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that the City has been requested by the owners of St. Andrews Church and School to release the "Deferred Improvements Agreement" that was recorded in 1983. This agreement was recorded as a condition of Use Permit UP-530. Per the agreement the owner agreed to construct the following off-site improvements: street grading, base and paving, curb and gutter, electroliers, and underground conduit with wiring and pull boxes. Director Cherbone noted that staff has reviewed the agreement and conducted a site visit. All improvements required per the agreement have been completed and accepted by the City. City Council Minutes 11 November 7, 2001 BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION OF SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT WITH ST. ANDREWS PARISH. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 7. NORTON ROAD FIRE ACCESS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that at the April 18, City Council meeting, Beverly Phipps, who lives at 15270 Norton Road, expressed his concerns regarding the need for additional emergency fire access in the Bohlman Road hillside area. Mr. Phipps suggested constructing a fire access road, which would connect Norton Road to the access road presently being constructed for Villa Montalvo's artist residency studios. The proposed connection would allow emergency access from Norton Road through Montalvo and ultimately to Piedmont Road. Director Cherbone explained that staff has been assisting Mr. Phipps on this issue, and in June a meeting was facilitated with Villa Montalvo and interested hillside residents. Villa Montalvo was receptive to the emergency access proposal with the caveat that the unimproved Wildcat Road Right-of--Way be improved: Villa Montalvo would like to use Wildcat as a second egress during specific times of the year to facilitate their traffic circulation. They believe that in an emergency their existing egress would be overly impacted if additional vehicles were introduced without the construction of a secondary egress. Director Cherbone noted that in order to gage interest for the emergency access road, Mr. Phipps mailed approximately 1001etters of interest encompassing properties that were believed would most directly benefit from the road. The City received responses from 32 properties with 30 in favor and 2 against the proposal. Director Cherbone noted that the construction costs would be approximately $75,000 to $100,000 for the upper road and approximately $400,000 to $700,000 for Wildcat Road. Director Cherbone stated that there are three available options to fund this kind of project 1) Direct funding from the interested property owners 2) Assessment District encompassing benefited properties 3) City Funding. Beverly Phipps, 15270 Norton Road, refemng to the Oakland Hills fire. Mr. Phipps expressed his concern that the same tragic event could happen in his neighborhood. Mr. Phipps explained that Bohhnan Road is very steep and narrow and the vegetation is heavy. Mr. Phipps complimented City staff. Ed Ferrell, 20877 Kittridge Road, stated that in an event of a fire it is impossible for two fire engines to get up Bohhnan Road while residents are trying to get out of the neighborhood. City Council Minutes 12 November 7, 2001 Councihnember Bogosian requested that a time be arranged for the City Council to walk the proposed route. 8. Councilmember Baker concurred with Councihnember Bogosian that the Council should walk the roads in that area. Councihnember Baker noted he supports the road through Villa Montalvo. Councilmember Baker also noted that he would like to direct staff to move forward with discussions with the Board of Trustees of Villa Montalvo. Mayor Mehaffey noted that he agrees with Villa Montalvo's request to use Wildcat Road as an emergency road. In an event of an emergency they would have a lot of people to get out. Councihnember Waltonsmith noted she though Villa Montalvo stated they want to use Wildcat Road all of the time, not just in an emergency. Director Cherbone explained that on many occasions Villa Montalvo have expressed their desire to use Wildcat Road whenever needed. Councihnember Baker noted an emergency cannot be predicted and he does not want to be on a Council that did not take the necessary steps to protect the hillsides. Councihnember Baker stated this project should move forward with diligence and speed. Mayor Mehaffey suggested that two Councihnembers form a subcommittee to investigate the proposal and meet with Villa Montalvo. Councilmember Waltonsmith noted that she supports a subcommittee. BAKER/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER BAKER AND COUNCILMEMBER BOGOSIAN TO THE SUBCOMMITTEE FOR THE NORTON ROAD FIRE ACCESS. MOTION PASSED 3-0-1 WITH STREIT ABSENT. CIVIC CENTER TRAFFIC AND PARKING CONCERNS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that with the large number of people participating in programs offered by the Community and Senior Centers, the constant flow of traffic to the Post Office and the increase in the student population at Redwood Middle School, there is increased traffic and pazking congestion azound the Civic Center. There is a steady flow of traffic up and down Allendale Avenue all day and at certain times it is very congested. City Council Minutes 13 November ~, 2001 Director Pisani described some traffic and parking issues in regards to the Post Office and Redwood Middle School Employees. Both groups park their cars in spaces around the Community Center. As the spaces for City sponsored programs became limited, the Postmaster and the Principal of Redwood School were contacted to discuss the problem. Both stated that onsite pazking is available for their employees. In August a campaign was mounted to inform employees from the post office and the school to not use Civic Center parking lots. Director Pisani explained that another factor in the traffic and parking problem at Civic Center is the Redwood Middle School drop off and pick up. This yeaz more parents of Redwood School students are using Allendale Avenue for a drop off and pick up location. Recently a morning count was taken and within a 20- minuteperiod 106 cars passed the Community Center to drop students off in the azea in fort of the Corporation Yard. It has been reported by many City employees that some days it is impossible to get out of the Corporation Yard because of all the traffic. Besides the Allendale Avenue area near the Corp yard, many parents decide to not get to close to Redwood School so they pull into the City hall parking lots to drop off their students. The Redwood afternoon pickup has the biggest impact on programs at the Senior and Community Centers. Director Pisani noted that Christopher Farmer, Principal of Redwood Middle School, has been very receptive to working with City staff to correct the problem. Director Pisani explained that Mr. Farmer has committed to sending school staff to the City parking lots in the afternoon to talk to pazents and inform them that they aze not to pick up or wait in city lots. He has also informed the students hanging out in and by the Community Center that they will have to move across the street and wait on school property until their pazents pick them up. Mr. Farmer feels that he has no control over the use of Allendale Avenue, but he will encourage pazents to use the turnaround in front of the school. Mr. Farmer will also reinforce all of this information in the next parent Newsletter. Stephanie Petrossi, 14688 Stoneridge Drive, noted that she is the SUSD Board President. Mrs. Petrossi noted that the Board is aware of the parking and traffic problems. Mrs. Petrossi noted that another member of the Board, John Waite, ahs been an active participant of the Saratoga School Safety Task Force. Mrs. Petrossi noted that they aze very open and interested in helping fmd solutions to these problems. Referring to the Joint meeting last year between the SUSD and the City Council, Mrs. Petrossi reminded the Council of the pilot-bussing program they were starting. Unfortunately, the cost to parents would be $1000 per school yeaz, which explains why only five families signed up for the program. Mrs. Petrossi explained that fortunately the company the district contracted allowed them to break the contract without penalty. Councilmember Baker asked how the caz-pooling program was going. Mrs. Petrossi noted that the car-pooling program is not going as good as they expected it to go. City Council Minutes 14 November 7, 2001 Councihnember Waltonsmith suggested an elevated crosswalk over Allendale Avenue from West Valley College to Redwood Middle School. Brigitte Ballingall, Public Safety Commissioner, 13573 Ronnie Way, noted that the school-bussing program is not going to happen without a bond or a parcel tax. Commissioner Ballingall noted that more parents are aware of the fact they have been impacting City Hall and will try and utilize the back parking lot of Redwood Middle School. Commissioner Ballingall noted that the School Safety Task Force has had discussions about the possibility of staggering the start times with the two private schools on Saratoga Avenue and Redwood Middle School. Commissioner Ballingall suggested the possibility of rewarding carpoolers. Mayor Mehaffey asked Commissioner Ballingall why the increase in traffic. Commissioner Ballingall noted that the increase in traffic is due to the growing population of students. Councilmember Bogosian personally thanked Commissioner Ballingall for her dedication and motivation to finding solutions to the traffic caused by the schools. Councihnember Bogosian also thanked Commissioner Ballingall on the knowledge she has gained and has passed on to Council and staff. Commissioner Ballingall thanked the Council for their continued support Madeline Morrow, 13660 Via Rancho Drive, noted that she is a Redwood Middle School parent and has been carpooling ever since she moved to Saratoga. Mrs. Morrow noted-that she is a strong advocate for walking and biking to school but unfortunately pazents aze fearful. Mrs. Morrow agrees with Commissioner Ballingall that carpoolers should be rewarded in some way, Mrs. Morrow noted that Saratoga does not have pedestrian friendly streets. Mayor Mehaffey noted that there aze two problems, traffic and parking. Mayor Mehaffey noted he likes the idea of working with West Valley College perhaps use their parking lots as a staging azea for a bussing program. Mayor Mehaffey. suggested more crossing guards at the corner of Allendale and Fruitvale Avenue. Mayor Mehaffey noted that the cost of bussing is too expensive and alternative means of funding the program should be investigated. Councihnember Bogosian noted he would like to try the alternatives Director Pisani proposed before sending the Sheriff to monitor the traffic. Councilmember Baker noted that he is going to explore other school districts in the area and see if they have the same problems. Councilmember Bogosai requested that the Council revisit this issue on a future date. City Council Minutes 1$ November 7, 2001 Responding to Councilmember Bogosian's request, Commissioner Ballingall noted that a recent conversation with Vice Mayor Streit, he told her that a joint meeting with all the schools was scheduled in February. Mayor Mehaffey thanked everyone for their comments on this issue. 9. VILLAGE PARKING STUDY RESULTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Economic Development Coordinator, presented staff report. Coordinator Surdin explained that a lack of adequate parking in the Village has long been a topic of discussion within the Village business community. Recently the Saratoga Business Development Committee raised the issue as part of economic development discussions. To determine whether the lack of adequate parking was a reality or a perception, staff hired Fehr & Peers Inc. to gather analytical data and draw conclusions about pazking availability in the Village. Coordinator Surdin noted that unfortunately Fehr & Peers were unable to conduct the study until after the September 11th attacks and those events most likely skewed the data to some degree. Many business owners have reported some decrease in revenue since the event. Coordinator Surdin briefly explained the study conclusions: Saturday • Lots 1 & 4 fill first • Lot 2 gets busy mid-afternoon and steadily fills up by 10 p.m. • Lot 3 is least utilized; there aze spaces available all day Wednesday • Lots 1 & 4 peak during lunch and dinner • Lot 2 peaks at lunch and on this particulaz day also had a spike at 5 p.m. • Lot 3 fills first in the morning between 9 a.m. and then drops off Coordinator Surdin noted that on street pazking demand remains constant regardless of day of the week with the exception of mid-day hours (roughly 2 p.m. to 5 p.m.) - on Saturday, more pazkers use on-street spaces. Coordinator Surdin noted that the perception of inadequacy can be addressed with parking management strategies including improved signage to alert drivers of parking lots (especially Lot 3); incentives such as no time limit spaces in azeas farther from destinations to encourage business owners and employees to pazk in less used spaces; better enforcement of time limits on the premium spaces neazest businesses; development of a pazking brochure that highlights all pazking areas for distribution by businesses to their customers; broadcasting of parking information over the TIS radio system. City Council Minutes 16 November 7, 2001 Coordinator Surdin noted that pazking management strategies are fairly low cost and could be covered by the Economic Development budget. Councilmember Bogosian noted he likes the idea of advertising open parking on the radio. City Manager Anderson noted that staff is offering that next summer the City perform another parking survey. Councilmember Bogosain noted that Parking Lot #3 -down the bank of the creek- is full of litter. Responding to Councilmember Bogosian's statement, City Manager Anderson noted that San Jose Water Company owns that particulaz piece of property and will contact them immediately. Councilmember Waltonsmith noted that she supports improving the parking signs throughout the Village. Councihnember Baker noted that the Town of Los Gatos has a parking program for the neighborhoods azound the downtown area, which prohibits anyone to pazk there except residents on those particular streets. Coordinator Surdin noted that the residential community and the business owners would probably support some type of permit pazking. Mayor Mehaffey stated that sometimes it is hard to get out on to Big Basin Road from 4`h Street. Mayor Mehaffey noted that a delivery truck is constantly pazked in the red zone on the corner, which prohibits you from seeing if it is cleaz to turn. Councilmember Baker noted that he does not support any type of paid pazking in Sazatoga. Councihnember Baker suggested that business owners and employees be encouraged to park in less convenient pazking areas so the more convenient spots could be left for customers and implement a pazking program. Consensus of the City Council to direct staff to implement the following in the Village to help with the parking problems: Improve pazking signs Parking permits for business owners and employees 10. • Announcements on the TIS radio system OPTIONS FOR CITY LEGAL ASSISTANCE STAFF RECOMMENDATION: Accept report and direct staff accordingly. . Dave Anderson, City Manager, presented staff report. City Council.Minutes 17 November 7, 2001 City Manager Anderson explained that the City currently contracts for all legal and litigation services and typically spends approximately $300,000 each year. At a recent Council meeting City Council requested staff investigate hiring a full time City Attomey and report back to the Council. City Manager Anderson noted that staff conducted a salary survey for Assistant City Attorney and City Attorney positions in nearby cities. City Manager Anderson briefly explained the salary survey results concluding that if the City created a staff position it would cost about the same as is currently spent on contract services. Mayor Mehaffey noted that he requested that this item be placed on the agenda because of some recent comments made in regards to some planning issues that might have been avoided if the City had a full time attorney. Mayor Mehaffey noted he wanted the Council to be awaze of all options available to the City. Mayor Mehaffey noted that since the City now has a competent Community Development Director he feels that such problems in the Planning Deparhnent will be avoided in the future. Mayor Mehaffey stated that he is completely satisfied with the City's current legal representation provided by Attomey Taylor and Attorney Wittwer. Councihnember Bogosian stated that he is also very satisfied with the services provided by Attorney Taylor. Consensus of the City Council to continue to contract legal services. 11. APPOINTMENT AND CONFIRMATION OF DEPARTMENT HEADS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 01-075 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF JESSE BALOCA, ADMINISTRATIVE SERVICES DIRECTOR TITLE OF RESOLUTION: 01-076 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF JOHN CHERBONE, PUBLIC WORKS DIRECTOR TITLE OF RESOLUTION: 01-077 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF JOAN PISANI, RECREATION DIRECTOR City Council Minutes 1 g November 7, 2001 TITLE OF RESOLUTION: 01-078 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE . APPOINTMENT OF LORIE TINFOW, ASSISTANT CITY MANAGER TITLE OF RESOLUTION: 01-079 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING THE APPOINTMENT OF TOM SULLIVAN, COMMUNITY DEVELOPMENT DIRECTOR City Manager Anderson reported that while reviewing the CAFR he discovered that the Municipal Code section 2-20.050 requires City Council confirmation of City Manager and appointment of department head level positions. Given the language in the code the Council needs to take formal action on the confirmation of each deparhnent head upon appointment by the City Manager. BAKER/WALTONSMITH MOVED TO APPROVE RESOLUTIONS OF APPOINTMENT OF JESSE BALOCA, JOAN PISANI ,JOHN CHERBONE, TOM SULLIVAN ,AND LORIE TINFOW. MOTION PASSED 4-0-1 WITH STREIT ABSENT. Mayor Mehaffey reported that the Finance Commission met Monday night and now has five new Commissioners. Mayor Mehaffey noted that they discussed the CAFR. Councilmember Waltonsmith had no reportable information. Councihnember Baker had no reportable information. Councihnember Bogosian noted that the Library Expansion Committee met and reported that after the City of Saratoga requested that the County Library put buying furniture on hold until after Phase II bids aze in they have retracted their commitment to provide the funds for the moving costs. Councilmember $ogosian requested that staff investigate what happened in Los Altos when they renovated their library, specifically what type of agreement did they have with the County. City Manager Anderson noted that he would follow up on his request and report back at a future time. CITY COUNCIL ITEMS Referring to a letter sent to Council by Teri Bazon/Trails Representative, Councihnember Waltonsmith noted that Mrs. Bazon indicated that the Chadwick trail segment has been built over. City Manager Anderson noted he would investigate Ms. Bazon's comments and report back at a future time. City Council Minutes 19 November 7, 2001 Mayor Mehaffey requested an update on the Saratoga Creek Settlement Agreement. City Manager Anderson noted that an update on the Creek Settlement would be agendized a future agenda. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that Doug Sporleder, Chief/SCC Fire Department, recently announced his retirement. Chief Sporleder's last day is November 29, 2001. ADJOURNMENT Mayor Mehaffey adjourned the meeting at 10:20 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 20 November 7, 2001 /inn Sullivan Prom: Megrath, Rita [rita.megrath@ci.sj.ca.us] Sent: Thursday, January 10, 2002 10:48 AM 'fo: ange.michalski@vta.org; asullivan@saratoga.ca.us; bernies@ci.campbell.ca.us; citiesassoc@uncpu.com; davek@cupertino.org; dfigone@town,Ios-gatos.ca.us; etewes@ch.morgan-hill.ca.gov; eugenel@abag.ca.gov; frank_benest@city.palo-alto.ca.us; gbarbour@icam.org; Jay@ci.gilroy.ca.us; kevin.duggan@ci.mtnview.ca.us; manager@ci.santa-clara.ca.us; mcassingham@losaltoshills.ca.gov; michael.evanhoe@vta.org; msplan@aol.com; phil.rose@ci.los=altos.ca.us; Relo, Marcelo; richard.Wittenberg@ceo.co.santa-clara.ca.us; rlasala@ci.sunnyvale.ca.us; stanwil@scvwd.dst.ca.us; twilson@ci.milpitas.ca.gov; wesmcclure@webtv.net; zimmera@cacities.org Cc: 'pgarcia@town.los-gatos.ca.us ; 'PeggyE@abag.ca.gov' Subject: February SCC/Cities Manager's Association meeting Due to the LOCC City Manager's Department meeting in Coronodo on 2/ 13, the February SCC/Cities Manager's Association meeting has been moved to 2/20. Please adjust your calendars. Thank you, Jennifer (filling in for Rita) 277-5777 ~~ r °1 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 ORIGINATING DEPT: City Manager PREPARED BY: AGENDA ITEM• ~~j~ _ CITY MANAGER: O~/`=~--- DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -December 11, 2001 REPORT SUMMARY: N/A 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/December 11, 2001 MINUTES SARATOGA CITY COUNCIL DECEMBER 11, 2001 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:30 p.m. . CONFERENCE WITH LEGAL COUNSEL - II~lITIATION OF LITIGATION: (Government Code section 54956.9(c)): (1 case) The City Council of the City of Saratoga adjourned to Open Session in the Administrative Conference Room at 6:15 p.m. to interview an applicant for the Arts Commission. The City Council adjourned to the Adult Care Center - 19655 Allendale Avenue for the Council Reorganization, Study Session, and Special Meeting. MAYOR'S REPORT ON CLOSED SESSION - 6:35 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Special Citv Council meeting to order at 6:35p.m. and requested Vice Mayor Streit to lead the Pledge of Allegiance. I ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager ', Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Jesse Baloca, Director of Admin. Services John Cherbone, Director of Public Works Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 11, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 11, 2001 was properly posted on December 7, 2001. COUNCIL REORGANIZATION REMARKS FROM OUTGOING MAYOR -JOHN MEHAFFEY Mayor Mehaffey thanked the Council and staff for their support throughout the year. 2. REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: 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 of the Vice Mayor City Manager Anderson declared the office of Mayor vacant and asked for nominations. BAKER/WALTONSMITH MOVED TO NOMINATE VICE MAYOR STREIT TO THE POSITION OF MAYOR. MOTION PASSED 5-0. Mayor Streit declared the office of Vice Mayor vacant and asked for nominations. BOGOSAIN/WALTONSMITH MOVED TO NOMINATE COUNCILMEMBER BAKER TO THE POSITION OF VICE MAYOR. MOTION PASSED 5-0. ADMINISTER OATH OF OFFICE TO COUNCILMEMBERS STAFF RECOMMENDATION: Administer Oath of Office. City Clerk Boyer administered the Oath of Office to Mayor Streit and Vice Mayor Baker. 4. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCILMEMBERS Mayor Streit thanked his fellow Councilmembers for appointing him Mayor. Mayor Streit briefly described the accomplishments of this year including the Bay Keepers lawsuit agreement, Measure G, Neighborhood Traffic Management Programs, and safe route to schools program. Mayor Streit commended staff for being the backbone of the City. Mayor Streit i also pointed out some of the City's future endeavors, one being the development of a i Civic Center Master Plan and Azule Park renovations. Mayor Streit noted that many issues still need the Council's attention such as: re-vitalization of the Village and the Gateway, the parks, the fight to overlay Highway 85, and most importantly to try and unify the City. Mayor Streit noted that it is time to break the artificial barriers and open the lines of communications between our 7 school districts, 2 fire districts, 2 sanitation districts, 3 Lighting and Landscaping Districts, several little league and soccer groups. On a final noted Mayor Streit thanked his family for their support. Vice Mayor Baker noted that he is honored to serve on this Council. Councihnember Bogosian thanked his colleagues for another successful yeaz. Councihnember Waltonsmith thanked her fellow colleagues for their continued support. Mayor Streit announced that the Council meeting would adjourn to a light reception followed by the Civic Center Master Plan Study Session. Due to a prior commitment Councilmember Bogosian excused himself from the rest of the meeting. ADJOURNMENT TO STUDY SESSION - 7:30 P.M. ADULT CARE CENTER -19655 ALLENDALE AVENUE COMMUNICATIONS FROM COMMISSIONS & PUBLIC Communications from Boards and Commissions None Written Communications None CONSENT CALENDAR None PUBLIC HEARINGS None STUDY SESSION 5. CIVIC CENTER MASTER PLAN STAFF RECOMMENDATION: Accept Report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on October 9, 2001 Christopher Noll presented six Civic Center site plans in conceptual form to the Council. Director Pisani noted that Mr. Noll's presentation included four options using a combination of existing and new buildings and two options of tearing down existing buildings and building new facilities. After the presentation the Council narrowed down the options. One of their requests was that a new Senior/Community Center be placed near the Corporation Yard. Director Pisani introduced Christopher Noll, Parlner/Noll & Tam and Elizabeth McLeod, Architect, and explained that they would present three site plans, the program and phasing summary for each option, and construction costs. As a result of October 9, 2001 City Council meeting Mr. Noll explained that he and Ms. McLeod would present three site plans. option 1 • Community/Senior Center would include apreschool -located near the . Corporation Yard • Gymnasium/Multipurpose room which would also include a Teen Center • Council Chambers would be added on to the existing City Hall • Split-level parking garage would be built between the Community Center and the Gymnasium • Remodeled Civic Theater would share a lobby with the new Council Chambers • Drive thoroughfare around Civic Center to help alleviate traffic congestion Mr. Noll explained that Option I could be built in three phases with total construction cost of approximately $25,474,280. O tip on 2 • Gymnasium/Multipuxpose room which would also include a Teen Center is located near the Corporation Yard • Community/Senior Center would include apreschool -located next to City Hall • Parking Garage between Gymnasium and Community Center • Council Chambers would be added on to the existing City Hall • Remodeled Civic Theater would share lobby with the new Council Chambers 4 Drive thoroughfare around Civic Center to help alleviate traffic S congestion Mr. Noll explained that Option 2 cannot be built in phases and a total construction cost of approximately $25,435,944._ Option 3 • Community/Senior Center would include a preschool and a Teen Center- located next to the Corporation yard • No parking garage • No gymnasium • Drive thoroughfare around Civic Center to help alleviate traffic congestion • Remodeled Civic Theater would share lobby with the new Council Chambers Mr. Noll explained that Option 3 could be built in phases and a total construction cost of approximately $19,190,192. After Council discussion consensus was reached on the following issues: 1. Option 2 - find a way to build using construction phases. 2. Incorporate a close drop off area in front of the Community Center Abhik Pramanik, 12667 Cheverly Court, noted that he is the Vice Chair of the Youth Commission but tonight he is expressing his own opinion, none which reflect the opinion of the Youth Commission. Mr. Pramanik explained that the Wamer Hutton House has been a great Teen Center, but it is only 2000 sq. ft. Mr. Pramanik explained that after school the WHH is packed with students. Mr. Pramanik noted he fully supports Option 2, which includes a gymnasium, and a new Teen Center. Ed Sengstack, 190 South 151 Street, Campbell, noted that he is a Board Member for the Saratoga Drama Group. Mr. Sengstack thanked the Council for including both Theater groups to participate in the discussion for the Civic Center Master Plan. Mr. Sengstack requested that if and when the Council addresses renovations to the inside of the Civic Theater, the drama groups would be invited to participate in the discussions. Mr. Sengstack suggested that the Council be aware that the drama groups would benefit from an orchestra pit and new acoustics. Sean O'Lary, Executive Director SASCC, noted that, speaking on behalf of the SASCC Board, Option 2 is their choice. Mr. O'Leary pointed out that the Board would like to see the Community Center in the middle of the property as . opposed to the rear of the property. e Mayor Streit asked Mr. O'Leary if he would be willing to relocate the Adult Day Care Center off site during construction. Mr. O'Leary responded that if relocating to a temporary location would prevent them from going out of business, they would deal with it. Consensus of the City Council that Option 2 would best meet the needs of City Hall. A discussion took place on how the Master Plan would be funded. Councilmember Mehaffey stated that he could support a parcel tax that would allow the city to pay for and build the new facilities in steady increments. Councihnember Waltonsmith noted that she could support a bond. Vice Mayor Baker requested that the three options presented to Council this evening be displayed somewhere at City Hall and on the City's website for public viewing. The City Council expressed their gratitude to Noll & Tam for their hard work. SPECIAL MEETING OLD BUSINESS 6. SARATOGA CREEK SETTLEMENT AGREEMENT -STATUS REPORT STAFF RECOMMENDATION: Informational only, John Cherborie, Public Works Director, presented staff report. Director Cherbone briefly explained that the City of Saratoga is in compliance with the settlement stipulations of the Mutual Release And Settlement Agreement with the City, the San Francisco Bay Keepers and the Friends of the Santa Clara Creeks. Don Whetstone, 14768 Vickery Avenue, noted that the City and all participating agencies have been diligently working to solve the problems associated with faulty sewer lines throughout the City. Mr. Whetstone commended City staff for their hard work and dedication to this project. . In regards to Item G in the Settlement Agreement, Vice Mayor Baker noted that West Valley Sanitation has found the primary cause of contamination at the storm drain outfall at Saratoga -Sunnyvale Road. 6 ~ , The City Council expressed their gratitude to Mr. Whetstone for all his efforts • to help the City deal with this issue. NEW BUSINESS SEWER LATERAL ORDINANCE & ABATEMENT OPTIONS FOR BELOW-GRADE SEPTIC SYSTEMS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richazd Taylor, City Attorney, presented staff report. Attorney Taylor noted that as part of the City's ongoing effort to address potential sources of contamination to Saratoga Creek, the City Council directed staff to prepare an ordinance establishing an inspection program for sewer laterals and requiring installation of sewer lateral improvements to facilitate inspections. In addition, the Council directed staff to investigate options available to property owners relying on septic systems because their property is below grade relative to public sewer system. Attorney Taylor noted that the draft sewer lateral ordinance seeks to build upon existing provisions on the City Code authorizing the City to order repairs to leaking sewer laterals. The draft ordinance requires properties to be inspected for leaking laterals (1) upon sale or transfer, and (2) in connection with any significant improvements to the plumbing system on the property. In addition, the ordinance requires installation of sewer clean-out junctions in order to facilitate the inspection process. Attorney Taylor briefly described the existing code and a detailed description of the draft ordinance. Attorney Taylor stated that the draft ordinance would make three substantial amendments to the City Code: 1. Section 2.1 -requires lateral inspections and installation of a two-way cleanout at the property line upon sale or transfer of all property and upon commencing work on any major plumbing project. 2. Section 2.2 -amends the Plumbing Code to require atwo-way cleanout at the property line for all new construction. , 3. Section 2.3 -amends the Plumbing Code to specify that visual inspections of sewer laterals with video cameras are permitted in the discretion of the building inspector. Attomey Taylor explained the concern with properties, which have below grade exceptions. Attorney Taylor noted that it is generally believed that these septic systems, which are generally near creeks, are contributing to the • pollution problems. The most effective way to eliminate this source of pollution is to require these properties to connect to the sewer system. 7 Attorney Taylor noted that the main concern with eliminating the below grade exemption are additional costs to property owners beyond the "standard" septic abatement and the problems associated with pump facilities. Vice Mayor Baker expressed his concern regarding the cost of homeowners, noting that most homes in Saratoga are at least 30 years old and not many of those have two clean outs. Vice Mayor Baker Noted he could support implementing the ordinance when the house changes ownership. Councihnember Mehaffey concurred with Vice Mayor Baker that homeowners do not need the extra financial burden of installing an additional clean out on their property. Mayor Streit noted his concerns are the triggers that would make homeowners spend a lot of money to be in compliance. Don Whetstone, 14768 Vickery Avenue, noted that the City should focus on the properties near the creek. Mr. Whetstone noted that other Bay Area Communities already have similar ordinances. Mayor Streit suggested that the description of "remodels"' be clarified in the draft ordinance. • Consensus of the City Council to direct staff to prepare a revised draft of the ordinance for further discussion. The revisions should (1) require inspection and clean-out only on sale of the property or major remodeling projects (e.g., more than 50% of the structure), (2) limit the use of video testing, and (3) require installation ofone-way stop-check valves at the property line at the same time that clean-outs are installed. The revised ordinance should also amend the City Code requirements governing septic system abatement to remove the exemption for below-grade systems. Staff was directed to investigate the costs of complying with the proposed ordinance and the possibility of limiting the ordinance to properties within the vicinity of creeks. The revised draft ordinance and additional information should be brought back to the City Council for further discussion and public comment before the ordinance is placed on the agenda for formal adoption. 8. AUTHORIZATION TO CITY MANAGER TO EXECUTE AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR PUBLIC SAFETY CENTER DESIGN CONCEPT STAFF RECOMMENDATION: Authorize agreement and adopt resolution. Dave Anderson, City Manager, presented staff report. i City Manager Anderson noted that this item was continued from the December 5, 2001 City Council meeting due to the fact that the Sazatoga Fire District filed a law suit against the City of Saratoga. City Manager Anderson explained that Council directed him to ask the Fire District if they would still be interested in participating in the Ad Hoc Committee. City Manager Anderson noted that he recently talked to Commissioner Egan and confirmed the future participation of the Commission on the Ad Hoc Committee. Don Whetstone, 14768 Vickery Avenue, noted that he is a member of the AdHoc Committee. Due to the recent lawsuit filed by the Saratoga Fire District, Mr. Whetstone stated that he feels this project should be put on hold. Arvin Engelson, 203814 Sea Gull Way, noted that he is a member of the AdHoc Committee and noted that he disagrees with Mr. Whetstone. Mr. Engelson noted that the project should move forward as planned. MOVED TO AUTHORIZE EXECUTION OF AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR PUBLIC SAFETY CENTER DESIGN CONCEPT. MOTION PASSED 4-01- WITH BOGOSIAN ABSENT. 9. CONSIDER REQUESTS TO JOIN FRIENDS OF THE COURT BRIEFS IN BONANNO V. CENTRAL CONTRA COSTA TRANSIT • AUTHORITY STAFF RECOMMENDATION: Approve requests to join amicus briefs. Richazd Taylor, City Attorney, presented staff report. Attorney Taylor explained that the City's support was currently being sought in Bonanno v: Central Contra Costa Transit Authority, a case of possible concern to the City. Attorney Taylor noted that Bonnano concerns public agency liability for dangerous conditions in the vicinity of agency property. In Bonnano the plaintiff was injured in a crosswalk leading to a bus stop maintained by the Central Contra Costa Transit Authority. The plaintiff alleged that maintaining a bus stop neaz a busy uncontrolled intersection constitutes a dangerous condition of public property. Attorney Taylor pointed out that the Court of Appeal agreed with the plaintiff and held that the bus stop beckoned pedestrians to use the dangerous crosswalk and could have been made safer by being removed altogether or relocated. i BAKER/WALTONSMITH MOVED TO APPROVE REQUEST TO JOIN THE AMICUS BRIEF. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 10. REVIEW OF DRAFT COUNCIL MASTER MEETING CALENDAR FOR 2002 STAFF RECOMMENDATION: Accept report and direct staff accordingly. Consensus of the City Council to accept Council Master meeting Calendar for 2002 with the addition of adding all the school districts to the City Council meeting of June 25, 2001. 11. COUNCIL AGENCY ASSIGNMENTS AND COMMISSION LIAISONS STAFF RECOMMENDATION: Mayor to solicit preferred assignments form Councilmembers. Mayor Streit requested that the Councilmembers submit their preferences to him by Friday, December 14, 2001. Mayor Streit noted that continuity is important on the various agencies so perhaps some liaison positions should remain the same. Mayor Streit noted that a resolution confirming the appointments would be brought back to the Council for approval on December 19, 2001. CITY COUNCIL ITEMS Councilmember Waltonsmith thanked City staff for organizing the reception this evening. Vice Mayor Baker referred to a letter sent to Council from Julie Barsumia. Vice Mayor Baker asked if there has been any follow up to this letter. City Manager Anderson noted he would follow up tomorrow and report back to Council. OTHER None CITY MANAGER'S REPORT City Manager Anderson reminded the Council that he would be on vacation from December 19- January 2, 2002. City Manger Anderson noted that Assistant Manager Tinfow would be Acting City Manager while he is gone. 10 ADJOURNMENT Mayor Streit adjourned the meeting at 10:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk `..J 11 I SARATOGA CITY COUNCIL ,,: MEETING DATE: January 16, 2002 AGENDA ITEM: l ~ ~ _ ORIGINATING DEPT: City Manager CITY MANAGER: ~~/,c--.~---_ PREPARED BY: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -December 19, 2001 REPORT SUMMARY: N/A 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/December 19, 2001 Y MINUTES i SARATOGA CITY COUNCIL DECEMBER 19, 2001. The City Council of the City of Sazatoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview an applicant for the Finance Commission. The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:1 ~.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Court No. CV-803540) Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case.) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Re lug ar Cit~Council meeting to order at 7:00 p.m. and requested Richazd Taylor, City Attorney, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councihnembers John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Ray Galindo, Accounting Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 19, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 19, 2001 was properly posted on December 14, 2001. City Council Minutes 1 December 19, 2001 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ed Ferrell, 20877 Kittridge Road, COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF ARTS COMMISSION MEMBERS STAFF RECOMMENDATION: Approve Resolution of Appointment. TITLE OF RESOLUTION: 01-089 RESOLUTION OF THE CITY COUNCIL APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Mayor Streit noted that Betty Peck and Mary Lou Taylor were unable to attend tonight's meeting and would make arrangements with the City Clerk to take the Oath. Cathleen Boyer, City Clerk, administered the Oath of Office to Leroy Murray, Lisa Pointier de Maffei, and Mary Lou Henderson. CONSENT CALENDAR City Council Minutes 2 December 19, 2001 2A. 2B 2C. 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. REVIEW OF PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: Note and file. WALTONSMITH/MEHAFFEY MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. APPROVE RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION LIAISON APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-088 RESOLUTION OF THE CITY COUNCIL APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES Vice Mayor Baker requested that Item 2C be pulled from the Consent Calendar. Vice Mayor Baker noted that due to a conflict in scheduling, he is unable to serve on the Chamber of Commerce and the West Valley Sanitation District. Vice Mayor Baker noted that Mayor Streit would now be the liaison to the Chamber of Commerce and he would continue to be the liaison to the District. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION AS AMENDED APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. APPROVE RESOLUTION CONFIRMING ABAG PLAN BOARD OF DIRECTORS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-090 City Council Minutes 3 December 19, 2001 RESOLUTION OF THE CITY COUNCIL CONFH2MING ABAG PLAN BOARD OF DIRECTORS WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION CONFIRMING ABAG PLAN BOARD OF DIRECTORS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2E. FINAL MAP APPROVAL FOR FIVE LOTS LOCATED AT 14221 SARATOGA -SUNNYVALE ROAD STAFF RECOMMENDATION: Adopt resolution granting final map approval and authorization to Mayor to execute the Subdivision Improvement Agreement. TITLE OF RESOLUTION: SD-00-003 RESOLUTION OF THE CITY COUNCIL APPROVING THE FINAL MAP OF SD-00-003 14221 SARATOGA-SUNNYVALE ROAD Councihnember Waltonsmith requested that Item 2E be pulled from the Consent Calendar. Councilmember Waltonsmith expressed concern that the City missed another opportunity to incorporate below market rate housing in a new subdivision. Attorney Taylor reminded Councilmember Waltonsmith that the City Council cannot change the subdivision. The only action Council can do is determine whether or not the developer has complied with all the conditions of approval. Attorney Taylor suggested that when the Housing Element is adopted, the City could implement some of the recommended housing programs. Vice Mayor Baker asked if there was a way that the City Council could review any proposed subdivision that goes before the planning Commission. WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTION APPROVING THE FINAL MAP FOR SD-000-003 14221 SARATOGA- SUNNYVALE ROAD. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. BAKER/MEHAFFEY MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. OLD BUSINESS None Mayor Streit noted that it was not the appropriate time to begin the public hearing so he requested that Council move to Item 4. City CouncIl Minutes 4 December 19, 2001 Consensus of the City Council to move to Item 4. NEW BUSINESS , 4. CITIZEN OVERSIGHT COMMITTEE REPORT STAFF RECOMMENDATION: Informatiorial only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that in October, total actual and projected costs exceeded the $14.5 million budget set by the City Council by approximately $85,000. The COC became concerned about the potential for overrumiing the budget in the long term and asked staff to alert the Council of this potential. Assistant City Manager Tinfow explained that at the COC meetings on November 26th and December 12th, members continued to be concerned that Councihnembers did not fully realize that large amount of the budgeted contingency funds have been used. The two large impacts on the funds budgeted are the cost of the temporary library and the variance between the actual Phase I bid and estimate. Assistant City Manager Tinfow pointed out that staff believes that there are two pieces of information that might mitigate the COC's concerns. First, until Phase II bids are received, there is no way to determine the accuracy of the estimate. Second, there are several additional funding sources available. Assistant City Manager Tinfow noted that Susan Calderon, Chair/COC Committee, was present tonight and would like to read the letter to the Council from the COC. On behalf of the COC Committee, Chair Calderon read a letter which expressed the Committee's concerns. Vice Mayor Baker thanked the COC for doing a great job. Vice Mayor Baker stated that he is not willing to make any financial decisions in regards to the library until Phase II bids are received. Mayor Streit concurred with Vice Mayor Baker and added that he has no intention of going over budget. 6. AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-093 City Council Minutes g December 19, 2001 RESOLUTION OF THE CITY COUNCIL AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that the Economic Growth and Tax Relief and Reconciliation Act of 2001 allows plan trustees to amend eligible 457 deferred compensation plans to provide additional benefits to participants. Councilmember Waltonsmith asked if other cities have this type of plan. Director Baloca responded yes. Councilmember Mehaffey requested that any time an agreement is amended he would like to see the changes highlighted. MEHAFFEY/BAKER MOVED TO ADOPT RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Vice Mayor Streit noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 3. . Consensus of the Council to move to Item 3. PUBLIC HEARINGS USE OF CITY PARKS FOR RECREATIONAL SPORTING EVENTS: DRAFT PARKS AND RECREATION ORDINANCE STAFF RECOMMENDATION: Introduce and waive first reading of ordinance. Richard Taylor, City Attorney presented staff report. Attomey Taylor explained as part of the City's effort to provide areas for organized, recreational sporting events, the City Council at its meeting of October 17, 2001 directed staff to prepare user agreements with the AYSO and Little League Baseball for the use of City parks. These agreements will be brought to Council in January 2002. City Attorney Taylor explained that in order to protect against possible risks associated with the inappropriate use of City parks, the Council also directed staff to ensure that the City Code prohibits objects from being hit or thrown into public rights of way near City parks. i City Attorney Taylor explained that the draft ordinance would amend the City Code as directed by the Council, would clarify the City's authority to enter into seasonal-long agreements with AYSO, Little League, and other groups, subject City Council Minutes ( December 19, 2001 b to conditions imposed by the Director of Parks, and would make several technical "clean-up" amendments to the Code. City Attorney Taylor briefly discussed the proposed changes to each section of the existing ordinance: • 2.1-prohibits throwing, kicking, or hitting any ball, rock, or other object into any public thoroughfare inside or outside the park • 2.2 -clarifies pre-advertised use of parks. Any group of 25 or more people must have permit • 2.3 -clarifies group use permit process • 2.4 -authorizes the Council to allow applications for group use permits to be filed more than ninety days before the proposed use of a City pazk • 2.5 -authorizes Council to revoke a group use permit at any time Vice Mayor Baker asked if the Parks and Recreation Commission reviewed the draft ordinance. Director Cherbone responded that the Pazks and Recreation Commissions have been reviewing park Policies but have not seen this proposed ordinance. Mayor Streit opened the public hearing at 7:46 p.m. and invited public comments. Nick Seroff, 20040 Sea Gull Way, Chair/Pazks and Recreation Commission, • stated that the Pazks and Recreation Commission have not. had an opportunity to review the proposed draft ordinance. Mayor Streit closed the public hearing at 7:50 p.m. Vice Mayor Baker noted he supports the ordnance with the exception of 2.2 and would like to send it to the Parks and Recreation Commission for review. Consensus of the City Council to direct the Parks and Recreation Commission to review the draft ordinance and report back to the Council before the second reading of the ordinance on January 16, 2002. NEW BUSINESS 5. 2001-2006 CAPITAL IMPROVEMENT PLAN -APPROPRIATIONS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 01-094 RESOLUTION OF THE CITY COUNCIL ADOPTING A CAPITAL • IMPROVEMENT PLAN FORT HE CITY City Council Minutes 7 December 19, 2001 TITLE OF RESOLUTION: 01-092 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002 BUDGET WHEREBY CAPITAL IMPROVEMENTS FUNDS ARE ESTABLISHED AND AMOUNTS ARE APPROPRIATED FOR CAPITAL PROJECTS, IN ACCORDANCE TO THE 2001-2006 CAPITAL IMPROVEMENTS PLAN John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that in October 2001 the City Council approved the 2001-2006 CIP that consists of 38 projects. Director Cherbone explained that 26 projects aze funded and the remaining 12 are not funded at this time. The total amount funded by existing funding sources is $6,246,350. The total cost of the CIP as adopted is $8,571,350, which included funding from grants and other sources totaling $2,325,000. Councilmember Waltonsmith noted that it was the intention of this Council to have the renovation of Azule Park started before they are no longer in office. Director Cherbone noted that construction should start in July 2002. Katie Alexander, 12340 Goleta Avenue, noted that the playground at Blue Hills • School was recently closed because the equipment was not up to ADA standards. Mrs. Alexander requested that the renovations at Azule Park be expedited. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION ADOPTING A CAPITAL IMPROVEMENT PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION APPROPRIATED FOR CAPITAL PROJECTS, IN ACCORDANCE TO THE 2001-2006 CAPITAL IMPROVEMENTS PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 7. COUNTY SUPERVISOR'S REQUEST FOR COUNCIL APPOINTMENT TO THE POLICY ADVISORY BOARD (PAB) FOR THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Appoint one Councihnember and an alternate to the PAB. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the County of Santa Clara County Boazd of Supervisors sent the City of Saratoga a letter inviting our City to participate on the City Council Minutes g December 19, 2001 PAB by appointing one Councilmember to serve as a regular member and one Councilmember as an alternate. City Clerk Boyer explained that the Comprehensive County Expressway Planning Study will develop and document consensus on potential expressway improvements of all types including capacity enhancements, grade separations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study will develop funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. MEHAFFEY/BAKER MOVED TO APPOINT COUNCILMEMBER WALTONSMITH TO BE THE CITY'S REPRESENTATIVE TO THE PAB. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/MEHAFFEY MOVED TO APPOINT MAYOR STREIT AS THE ALTERNATE REPRESENTATIVE TO THE PAB. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. COMMISSION ASSIGNMENT REPORTS Councilmember Mehaffey reported the following information: • Finance Commission -attended their annual Holiday Party hosted by Chuck and Mary Ann Swan. • Gateway Task Force -presentation of the plans to the public on January 16, 2002. Councilmember Mehaffey requested that staff make all of the plans available in the Civic Theater lobby and on the City's website. Councilmember Waltonsmith reported the following information: • Heritage Preservation Commission -discussion on removing the oak trees at the library. Arborist reports indicate only one tree could be removed and replanted; the rest of them should be removed. HPC is working on designing a kiosk for the proposed Adopt a Tree Program. • Youth Commission -Commissioners are excited that the Civic Center Master Plan consists of a new teen center. Vice Mayor Baker had no reportable information. Mayor Streit had reported the following information: • Parks and Recreation Commission -approved user fees for Congress Springs Park which will be coming before Council on January 16`h for approval. --.J u • City Council Minutes 9 December 19, 2001 Mayor Streit read the new Council liaisons to the City's commissions as follows: Pl i i i ann ng Comm ss on Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian Arts Commission Waltonsmith CITY COUNCIL ITEMS Vice Mayor Baker asked when the next hearing was in regards to West Valley College. Attorney Taylor responded that the briefs were filed in July 2001 and the Court of Appeals would probably make a decision in Apri12002. Vice Mayor Baker questioned the pay back value of the caretaker's cottage at the Hakone Gardens. Vice Mayor Baker referred to a copy of a letter the City received from Housing and Community Development (HCD). • Assistant City Manager Tinfow responded that the dollar amount has not been set. Vice Mayor Baker referred tb several articles he recently has read regarding Housing and Housing needs. Vice Mayor Baker suggested that his colleagues read them if they have not already. Councilmember Mehaffey expressed his concern regarding the recent AT&T outage. Councilmember Mehaffey noted that he received many complaints from Saratoga residents. Councilmember Mehaffey noted that the recent stone left parts of Sazatoga without power for several hours. Councilmember Mehaffey requested that staff contact PG& E and invite them to a future Council meeting. Consensus of the City Council to direct staff to contact PG & E and invite them to a future City Council meeting. Referring to an article he read in the Saratoga News regarding the eucalyptus tree at Sazatoga School. Councihember Mehaffey requested that staff write a letter to the Sazatoga Union School District Superintendent, SUSD Board, and the Principal at Saratoga School reminding them of the City's tree removal process. City Council Minutes 10 December 19, 2001 Councihnember Mehaffey noted that at the Hakone Foundation's Holiday party he met a representative from PacBell who informed him that they recently installed DSL lines in the Village. Councihnember Mehaffey mentioned that Councilmember Bogosian was at the League of California Cities Annual Convention representing Saratoga interests. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Streit adjourned the meeting at 8:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • City Council Minutes 11 December 19, 2001 SAP.ATOGA CITY COI7NCIL MEETING DATE: January 16, 2002 012IGINATING D Manager PREPARED BY: AGENDATTEM: ^/)~I~~6 CITY MANAGER• d/ ~G~-~~ DEPT HEAD: RECOMMENDED ACTION: Approve minutes as submitted for the following City Coiuicil Meeting: Regulaz- Meeting -January 2, 2002 REPORT SUMMARY: N/A 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: Attaclunent A -Minutes/January 2, 2002 SUBJECT: City Council Minutes ~. MINUTES SARATOGA CITY COUNCIL j JANUARY 2, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: Arnett v. California Public Employees' Retirement System (PERS) (US District Court Northern District of California No. C-953022 CRB) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Re¢ttlaz Ci Council meeting to order at 7:00 Vim. and requested Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone; Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 2.2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, ', the agenda for the meeting of January 2, 2002 was properly posted on December 28 2001. City Council Minutes 1 January 2, 2001 V COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ed Ferrell, 20877 Kittridge Road, noted that at a recent Fire Commission meeting the acquisition of the ladder truck that is mandated by the Boundary Drop Agreement is at risk. Mr. Ferrell explained that because the ladder truck will not fit into the curr•ent$re station, the truck would have to be bought and stored offsite. Because of this issue, Mr. Ferrell stated, Commissioner Jay Geddes suggested that the Boundary Drop Agreement be terminated. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. OATH OF OFFICE OF ART COMMISSION MEMBER STAFF RECOMMENDATION: Administer Oath of Office Mayor Streit invited Mary Lou Taylor to come forward and directed the City Clerk to administer the Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to Mary Lou Taylor. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEIiAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. City Council Minutes 2 January 2, 2001 2B. OCTOBER & NOVEMBER FINANCIAL REPORTS STAFF RECOMMENDATION: Accept reports. WALTONSMITH/MEHAFFEY MOVED TO ACCEPT OCTOBER & NOVEMBER FINANCIAL REPORTS. MOTION PASSED 5-0 2C. CLAIM OF PATRICK LEUNG; CLAIM NO. GL-0053005 STAFF RECOMMENDATION: Reject claim. Councihnember Bogosian requested that Item 2C be pulled from the Consent Calendar. Councilmember Bogosian strongly stated that he would like to know what staff member was responsible for this error and requested that this item be removed from the Consent Calendar and continued to the meeting of January 16, 2002. Councihnember Mehaffey concurred with Councilmember Bogosai to continue this item to January 16, 2002. Councihnember Mehaffey requested that staff explain how Mr. Leung incurred the $680.00. r Consensus of the City Council to continued the claim of Patrick Leung to January 16, 2001. OLD BUSINESS None Mayor Streit noted that it was not the appropriate time to begin the public hearing so he requested that Council move to Item 4. Consensus of the City Council to move to Item 4. NEW BUSINESS 4. PROPOSAL FOR ON-CALL PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF SARATOGA'S NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM AND MUNICIPAL TRAFFIC ENGINEERING STAFF RECOMMENDATION: Approve proposal from Fehr & Peers Associates and authorize City Manager to execute a Professional Consulting Agreement. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that the Neighborhood Traffic Management program (NTMP) process was developed to identify strategies to mitigate negative traffic impacts. The neighborhoods, Sheriff s Office staff, NTMP Traffic Engineer, and City Council Minutes 3 January 2, 2001 city administrative staff will work together on solutions to traffic related issues. Director Cherbone noted that a Request for Proposals (RFP) describing the City's needs was sent to 27 Bay Area traffic Consulting firms and the City received four responses from the following firms: • Abrams Associates • Fehr & Peers Associates • CCS Planning and Engineering • Higgins Associates Director Cherbone noted that the deadline for submissions was on Friday, December 7, 2001. The assistant City manager, a member of the Public Safety Commission and the Public Works Director interviewed the firms on December 19, 2001. Director Cherbone noted that staff recommends Fehr & Peers Associates be approved as the City's on-call Traffic Consultant. Fehr & Peers thorough knowledge of the traffic conditions in Saratoga and their strong ability to work with the public makes them the ideal candidate for the NTMP process. The successful completion of the update of the City's Circulation Element and the numerous traffic studies they have prepared for Saratoga schools will enable them to shorten their learning curve concerning Saratoga traffic issues. Additionally, Sohrab Rashid will be the lead consultant to the City. Director Cherbone noted that Mr. Rashid has a proven ability to work with the public and has an established relationship with the City. Councihnember Bogosian asked if Fehr & Peers Associates were ever employed by the Mt. Winery. Attorney Taylor responded that Fehr & Peers worked for the City of Saratoga performing traffic studies in connection with the Mt. Winery. Vice Mayor Baker noted that Fehr & Peers Associates submitted the highest bid. Director Cherbone reiterated that staff and the Public Safety Commission thought because of the delicate nature of the NTMP Program, the City should have the best and most qualified traffic consultants to be dedicated to the NTMP process. Director Cherbone noted that although their bid was higher, Sazatoga would save money in the long run because of the familiarity of Sazatoga. Mayor Streit noted he supports staff's recommendation. Councilmember Mehaffey noted he has been very happy with the previous work performed for the City by Fehr & Peers. Councilmember Mehaffey requested that in the future all of the bidders ranges be made part of the report. Councihnember Bogosian asked if all four consultants were interviewed. City Council Minutes 4 January 2, 2001 Director Cherbone responded yes r Pricilla Ho, 12790 Woodmont Drive, questioned why Fehr & Peers is so much more qualified than the other firms. Ms. Ho suggested that before the Council approves the contract the Council should ask Fehr & Peers if they are willing to negotiate their fees. Preston Babb, 19923 Via Escuala, suggested that Fehr & Peers Associates be paid per project not at an hourly fee. City Manager Anderson explained that the NTMP comes into effect when a resident contacts the Public Safety Commission with a specific safety concern in their neighborhood. The issues and the size of the project vary; all neighborhoods are different. For that reason the City and any consultant cannot set a standardize price. Sohrab Rashid, Project Manager/Fehr and Peers and Associates, commented that during the interview process he was asked why Fehr & Peers rates were higher. Mr. Rashid explained that Fehr & Peers retains quality people to do the technical work while he does the neighborhood outreach and attends the Public Safety Commission meetings. Mr. Rashid stated that he is willing to negotiate a lower rate for his services. Councihnember Bogosian noted that in the future the staff report should show why we should select the highest bidder and what other firms fell short of compazed to the preferred bidder. Director Cherbone stated that Fehr & Peers is the top consultant for the NTMP, particularly their staff who would be assigned to the City. City Manager Anderson noted that Fehr & peers have proven themselves with the City. Director Cherbone noted that Fehr & Peers hourly rate may be higher but per project they are lower. Director Cherbone sited the traffic signal project on Seagull Avenue as an example. BOGOSIAN/WALTONSMITH MOVED TO APPROVE PROPOSAL FROM FEHR & PEERS ASSOCIATES FOR ON CALL TRAFFIC ENGINEERING SERVICES. MOTION PASSED S-0. BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FEHR & PEERS. MOTION PASSED S-0. City Council Minutes $ January 2, 2001 Vice Mayor Streit noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 3. Consensus of the Council to move to Item 3. PUBLIC HEARINGS 3. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS STAFF RECOMMENDATION: Open Public Hearing; Close Public Hearing; Adopt Resolution. TITLE OF RESOLUTION: 02-001 RESOLUTION OF THE CITY COUNCIL ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the resolution before the City Council tonight represents the second step in Sazatoga's weed abatement program administered by the County Fire Marshall. The County has sent owners of the parcels requiring weed abatement notices infornung them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. City Clerk Boyer noted that Marty Hicks of the County Fire Mazshall's Office was present and available to answer any questions Councilmembers may have on this topic. Mayor Streit opened the public hearing at 7:37 p.m. and invited any public comments. Marty Hick, County Fire Mazshall's Office, noted that he had no comments but was available to answer questions that the Council may have. Councilmember Baker asked Mr. Hicks if property owners are responding better to the County's notices and abating their weeds. Mr. Hicks noted that the number of pazcels has decreased slightly. Mr. Hicks noted that several of the parcels on the list aze pazcels owned by public utility companies. Mr. Hicks explained that PG& E has requested to be on the abatement list, it is easier for the County to abate their property. Councihnember Waltonsmith asked if the County chazges less for abatement than if the property hired a contractor. Mr. Hicks responded that the County actually charges 60 % more due to the fact that administrative fees need to be recovered. City Council Minutes 6 January 2, 2001 r Councilmember Mehaffey noted that he does not approve of PG& E passing along the cost to abate their weeds to the taxpayers. Mayor Streit closed the public hearing at 7:54 p.m. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLTJTION ORDERING THE ABATEMENT OF WEEDS. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councilmember Mehaffey had no reportable information. Mayor Streit had no reportable information. Vice Mayor Baker stated that he has seen a noticeable difference at KSAR since the new Executive Director, Carolyn de los Santos, took over. Councilnember Baker noted that the programs are more informative and less boring. The boazd and staff have many good ideas and plans to improve the whole operation. Councilmember Bogosian requested a current list of the KSAR Boazd be provided to the Council. Vice Mayor faker noted that due to the fact that Councilmember Bogosian was out of town, he attended the recent Silicon Valley Animal Control JPA meeting. Vice Mayor Baker stated that he was astonished by the progress they have made in just one year. Vice Mayor Baker noted that the JPA formed the Silicon Valley Animal Control from the ground up. Councilmember Bogosian stated that Assistant City Manager Tinfow should be thanked because she sits on the Technical Advisory Committee. Councilmember Bogosian noted that the Animal JPA should be completely up and running in 2003. Councilmember Waltonsmith reported the following information: • Chamber of Commerce -2002 Directory is complete Sister City -planning their trip to Italy CITY COUNCIL ITEMS Councilmember Bogosian noted that he recently attended the League of California Cities Annual Conference. Councilmember Bogosian noted that he had lunch with the members of the League's Peninsula division and had the opportunity to meet Sazatoga's Grassroots Network Representative. Councilmember Bogosian suggested that. the City invite Sazatoga's Grassroots Representative to a future City Council meeting. City Council Minutes 'j January 2, 2001 Councilmember Waltonsmith expressed her concern with the excessive speeding through the Village. Councilmember Waltonsmith requested~that the Public Safety Commission investigate this issue. Councihnember Mehaffey stated he supports Councilmember Waltonsmith request. Councihnember Bogosian noted that not only is speeding a problem but also driving under the influence. OTHER Mayor Streit announced that anAdjourned- Joint Meeting with the City Council, Youth Commission and the Library Commission is scheduled d for January 8, 2002. Mayor Streit briefly explained a few items that aze scheduled for the January 16`h City Council meeting. CITY MANAGER'S REPORT City Manager Anderson noted that he and his wife, Nita, had a wonderful vacation. City Manager Anderson noted that the three City Center Master Plan alternatives were on display in the Theater lobby. ADJOURNMENT Mayor Streit adjourned the meeting at 8:00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes g January 2, 2001 SARATOGA CITY COUNCIL MEETING DATE: January 15, 2002 AGENDA ITEM: ~~ ORIGINATING DEPT: Administrative Services CITY MANAGER: '/-/~~ PREPARED BY ~~~ DEPT HEAD:. ~'~ '_ SUBJECT: Check Register: 1/7/02 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. f Fund# fund Name Date Manual Void Total .1/7/02 Checks Checks ,4P CHECKS A87457-87552 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing 8 Comm 290 Recreation 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA 79,032.22 12,358.91 62,662.61 450.00 15,001.14 9,398.87 7,575.24 500.34 281.00 19,316.25 101.89 261.18 305.13 17,660.00 212,545.87 12,358.91 PAYROLL CHECKS: 627431-27468 TOTAL L_ J .. 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In m a z~ w o U d m O Z M m w N O > .. £ .. a a In ~ H N W rv m m ~ wu2 ~ m a. 1`w ~om m,i~n un No iZ> oo .wlo 0o Uo Co N a a~^a^ o > m onF ~ Z F F O ~ vi q N W a w \£a~> 3m 3 %b N oV N W i V p m G w V N P n W d ~ ou ml+l mlo om ron m a~0 ~ z Nm mn erv am .Irv dUN ~ Oj¢ 1 PO .y Ul CO Olo N\ a a M i W `FN O d O 10 O ri ddUl> i O O O O O p M N .- t1l .- M d' O c- O~ O WN~rCO ~p~Ott~ N.-P-~M w N ~7 M r (V F ~~ r~ SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM: I CITY MANAGER: ~--~~G~~ DEPT HEAD: SUBJECT: Planning Commission Actions, January 9, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission action minutes of January 9, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N{A ATTACHMENTS: Action Minutes - 5azatoga Planning Commission ,~. CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES j DATE: Wednesday, January 9, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regulaz Meeting ~ . ROLL CALL: Commissioners Garakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and ChairBarry -ABSENT: Commissioner Kurasch STAFF: Planners Livingstone &t Vasudevan, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES : Draft Minutes from Regular Planning Commission Meeting of December 12, 2001. ORAL COMMUNICATIONS -Anymemberof thePublicwillbeallowedto address thePlanningCommission forup tothree minutes on matters no[ on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regarding Oral Communications underPlanningCommission direction toStaff. REPORT OF POSIING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 3, 2002. CONSENT CALENDAR NON PUBLIC HEARING ITEMS 1. GARROD FARMS, 22600 Mount Eden Road (503-10-028); -Request for General Plan clarification to allow three new dwelling units on one parcel of land where two dwelling units currently exist. The area is within the jurisdiction of Santa Clara County and is prezoned Hillside Residential. The County requires the project be consistent with the City of Saratoga's General Plan.. (LIVINGSTONE) (CONTINUED FROM 11/14/01) (APPROVED BY CONSESUS) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this' agenda, or in written correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be fffed on or before the Monday, a-week before thei meeting. 2. DR-O1-021, V-010-012 &s BSA-Ol-002 RUSTED, Kittridge Road; -Request for Design Review and Building Site Approval to construct atwo-story craftsman style, single-family residence on a vacant lot. The floor area of the proposed residence and attached two-car garage is 4,810 square feet. The maximum height of the residence will be 26 feet.. The site is zoned Hillside Residential (H-R). A variance is requested in order to construct retaining walls in excess of five feet. An exception is also requested to exceed one thousand cubic yards of cut and fill allowed in the H-R Zone. (OOSTERHOUS) THIS ITEM IS REQUESTED TO BE CONTINUED (APPROVED TO CONTINUE 6-0) 3. UP-O1-018 (381-O1-026) AUGUST PARTNERS II, LLC; DR. KATHLEEN BAN, DDS (tenant), 12132 Saratoga-Sunnyvale Road; -Request for a Conditional Use Permit approval to establish a dental office in an existing 1,440 square foot office space in the Park Saratoga Center. The office space is located in the Visitor Commercial (C-V) zoning district. (VASUDEVAN) (APPROVED 6-0) 4. DR-O1-031 &r UP-O1-017 (397-05-091) -SAN FILIPPO, Sobey Road; -Request for Design Review approval to construct a new 4,981 square foot two- story residence with a 608 square foot basement and 528 square foot cabana on a vacant lot. The Use Permit approval is necessary to allow the cabana to be 15 feet in height. The maximum height of the residence will be 26 feet. The site is 43,042 square feet and is located within a R-1-40,000 zoning district. (LIVINGSTONE) (APPROVED 6-0) 5. DR-O1-043 (397-28-005) - FITT, 20461 Walnut Avenue; -Request for Design Review approval to add 360 square feet to the first floor, 334 square feet to the second floor and 360 square feet to the basement of the existing 1,800 square foot dwelling. Maximum height of the structure will be 24 feet. The 7,658 square foot parcel is located in the R-1-10,000 zoning district. (SULLIVAN) (APPROVED 6-0) DIRECTOR ITEMS Planning Commission Mission Statement COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS ADJOURNMENT AT 9:55 P.M. TO NEXT MEETING Wednesday, January 23, 2002, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA r' ~~ SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 ORIGINATING DEPT: City Manager AGENDA ITEM: I L`1 CITY MANAGER: ~~~ DEPT HEAD: PREPARED BY: SUBJECT: Commission Attendance Records ACTION: , Informational only. REPORT SUMMARY: Attendance reports for all Commissions aze submitted semi annually for periods January 1 through June 30 and July 1 through December 31. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Commission Attendance Records 6/01-12/01 c 0 .y N_ O U o m R C N O ~ L ++ C R lL} (p Of N w oa O .+ C _T ~ m UWU m .~ e a r o o ~ c 0 c o~a~iaci~ya~ia~i ~'aa`n ¢¢a`a` O y C M ~ •- m c E U m ~ ~ n U N C d V r O ( C C C C C C r \ N y N y N y N `oa`aa`aa`aa` 0 c c c c c ~ c 'R N d N N N U N r N' N N N N N ~ ~ ` N ~ d a N aaa`aaaa rnda~idya~iacia~i ad~~ad~d aaaaaaa G N N a N N y H W M d Z N N d N N a aaaan. N N a 'd N N N N ~ N~ N N N N N N N~ Z N d d N d ;; a a`aaa`a a O ~ m a~i a~i a~i a~i aci a~i ~ N a N N N N N N~ ~ Z N d N~ N m a a` a a` a a` C C O C L ~ N N N ~ NL m0 (0 UUUU cLit3 m` o~ari mU v ~? L O V N L ~ U ~ ~ N U C C C C C C N N N G1 N N N N N N N N d N N d N N aa`a`aa`a` C d 7 U m C o °~a y ~ c~a ~N ~ (p L L 3 C N~~ ~OUty- L T= U X U ~ ~ ~ 7 d O O c f6 m a F .~ 1_J s m d ~~ r ~ ~ O ~ O N U ~ m ~ ~} w ~ A T > C m U ~ m y U Y U ~ ~ ~~~~~~ N N N N N N O N N N N N N N ~ ~7 ~ a d a a aa a ~ C ~ C C C C C N N N N N M p y y t O ~ d N ~ N ~ ~ ~ . a aaa`a¢a 0 c c ~ c~ ~ c N N N N N N y f A y ~ d ~ ~ d ~ d ~ gy n. aaaa`Qa` 0 ~na~i ma~ia~ia~i~a~i r N N N N N y N p d N d d N ,p d ~a a`aa`a`aa o ~O c N N m y N ty/i N N a ~ N'N .n ~ ~~aZ a`~aaa¢¢ °_ c c c ~ c c 0 o d~ m d d Q N N N N N N N y ~ N N d N N N ~ Z a`ada`aa`a ~ c ~ c c c ~~ C d d m a~ a~ (`') N N N N N N N mm~~da.flz a`a`aaaa¢ 0 m aci aci aci m aci ~ aci Q N N N N N N y N N N~ N N N ,p N Z d a`aa`a`a`aa` .. o~~ c c c c c c ~ c rn d a~ a~ d d m a~ ~i+ N N N N N N y N~ N N~ N N N ~ Z ~ a`a`aa`a`aa N d s d 0 N O N d d L C N '_y0 c N N adn O 'O !n O) N O fn X E~-° ~ ~Y c~-O¢ o~ E c m~ o m E c m 00>`o_~=v~m U~ W ZQfAmW Y N m C7 C t0 T T a d `m a d a z COMMISSION MEETING ATTENDANCE RECORDS Date: December 21, 2001 Commission: Heritage Preservation Commission Period Covered: July -December 2001 Number of Scheduled Meetings: 6 Regular Meetings Number of Special Meetings: 1 Special Meeting Commissioner Number of Absences Ballingall, Phyllis 0 (Term started 10/Ol) King, Carolyn 1 Koepernik, Norman 0 Peck, Willys 1 Peepari, Robert 2 Wyman, Beth . 2 Submitted l COMMISSION MEETING ATTENDANCE RECORD Date: December 27, 2001 Commission: Library Period Covered: July -December 2001 Number of Scheduled Meetings: 3 Regular Meetings 2 Cancelled December meeting not scheduled Commissioner Number of Absences Chair Manzo 0 Chandra 0 Cross 1 Foscato 1 Lipstein 2 Johnson 0 O'Donnell 0 Submitted by: 6~=~' ter." ~r ,C>i - ~ ~ Lori Burns Staff Liaison to Library Commission r City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/868-1215 fax: 408/868-8559 Memo To: City Clerk - From: ~~ Lorie Tinfov~~ J" ~ Date: 1 / 11 / 02 Re: Library Expansion Committee Meeting Absence For the period July 2001-December 2001, we have met monthly plus one special meeting to tour the construction site. The following represents the record of absence for the committee members during that time: Marcia Manzo: 1 Bill McDonnal: 1 Stan Bogosian: 1 Dave Anderson: 0 Ruchi Zutshi: 3 Julie Farnsworth 0 Mary Jeanne Fenn: 0 Ruth Lipstein: 1 Jack Grantham: 2 Bob Peepari: 5 Edwazd Sessler: 4 Fran Andreson: 0 Dolly Barnes: 0 Thanks. r Parks & Recreation Commission Attendance Record For the Period July 1, 2001-December 31, 2001 Commission Member Number of Meetings Attended Alberts, Judy* 3 of 7 Clabeaux, Elaine 6 of 7 Dodge, Sandra 7 of 7 Fronczak, Norbert 5 of 7 Ioannou, Sheila* 4 of 7 Olsen, Barbara* 2 of 7 Seroff, Nick 6 of 7 Angela Frazier 3 of 7 (10/O1) Logan Deimler 3 of 7 (10/Ol) Greg Gates 3 of 7 (10/O1) *Term Expired-Last Meeting 09/01 (total of 4 possible meetings to attend) n s COMMISSION MEETING ATTENDANCE RECORD Date: December 21, 2001 Commission: Planning Commission Period Covered: July -December 2001 Number of Scheduled Meetings: 11 Regular Meetings Number of Special Meetings: 0 Special Meetings Commissioner Number of Absences Barry, Cynthia 3 Garankani, Mike 1 Jackman, Erna 5 Kurash, Lisa 3 Roupe, George 3 Zutshi, Rutchi 0 Submitted by: "" ~ ~ " ~"- ~-~` Thomas Sullivan, AICP Secretary to the Planning Commission Y 4 COMMISSION ATTENDANCE RECORD DATE: January 8, 2001 COMMISSION: Public Safety Commission PERIOD COVERED: July -December 2001 Number of Regular Meetings: 5 Special: 0 Joint: 0 Commissioner Number of Absences Andreson 0 Ballingall 0 Biester 1 Galvin 0 Hexamer 2 Kane 0 Santana 0 (Since October 2001) Submitted by: Paula Reeve Staff Liaison to the Public Safety Commission { 7 COMMISSION MEETIl~TG ATTENDANCE RECORD • Date: 7 January 2002 Commission: Youth Period Covered: August 2001- December 2001 Number of Scheduled Meetings: 5 Commissioner Number of Absences Atkin 0 Baker 0 Ballingall 0 Byrne 0 El-Diwany 0 Farnum 1 Levin 1 Luskey 0 Miller 1 Onn 0 Pramanik 0 Siadat 1 Schwartz 0 Wu 1 ' '+~^'~ ~ ` Respectfully submitted y: ~ Lauren C. Merriman Recreation Program Coordinator • SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: I ORIGINATING PT: City Ma er CITY MANAGER: ~~~~- i PREPARED B ~~~U~~~ DEPT HEAD: _ ___ SUBJECT: Resolution Supporting "Yes on 42" RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: In December 2001, the League of California Cities sent a letter to all Local Government Officials requesting that City Council join the League and support "Yes on 42". Proposition 42 is the Transportation Congestion Improvement Act which will appear on the Mazch 5, 2002 statewide ballot. Proposition 42 would provide a much needed ongoing reliable source of funding for our street;., roads, and their local transportation projects, Proposition 42 is especially important now as many local transportation sales tax measures are set expire over the next few years. Cities and counties would receive 40 % of the Proposition 42 revenues. 20% of it will be earmazked for cities for local street repairs and maintenance. Another 20% is provided to public transit agencies, and the reminding. 40% goes to State Transportation Improvement Program (STIP), which is primarily composed of locally identified projects. FISCAL IMPACTS: N/A CONSEQUENCES. OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to mail a copy of the resolution to Christopher McKenzie, Executive Director, League of California Cities. t ADVEBTISINO, NOTICING AND PUBLIC CONTACT: ~~.-..t-,_. N%A~ ATTACHMENTS: Attachment A -Resolution Attachment B -Letter from Christopher McKenzie, Executive Director/League of California Cities U RESOLUTION NO.02- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING PROPOSITION 42 WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes be requiring the gasoline sales taxes we already pay be used to improve mass transit, highways and local roads, and WHEREAS, Proposition 42 is based on the principal that taxes paid at the gas pump should be used for transportation purposes; and WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the county, San Francisco/Oakland second, San Diego sixth and Sacramento, San lose and San Bernardino/Riverside following close behind; and WHEREAS, with our neglected transportation system needing attention, California has the third worst deteriorated roads in the nation and more than 6,000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or design standards; and WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make is possible to plan for our future transportation needs; and WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road conditions and improve the safety of children walking or biking to school; and WHEREAS, Proposition 42 will help speedup highway safety and traffic relief projects., and expand and improve mass transit systems; and WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in ahnost six times that in economic benefits. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby support Proposition 42. The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regular meeting held on the 16th day of January, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk Let's get December 2001 Dear Local Government Official, SAFER ROADS AND TRAFFIC RELIEF Please join the League of California Cities in supporting Proposition 42, the Transportation Congestion Improvement Act, on the March 5, 2002 statewide ballot. As you may already know, Proposition 42 would allocate a portion of the existing state sales tax on gasoline to cities and counties to be used for transportation improvements. Cities and counties combined will receive 40 percent of the Proposition 42 revenues. Twenty percent of will be earmarked for cities for local street repairs and maintenance. Twenty percent of the revenue will be earmarked for counties for local road repairs and maintenance. Another 20 percent is provided to public transit agencies, and the remaining 40 percent goes to the State Transportation Improvement Program (STIP), which is primarily composed of locally-identified projects. Proposition 42 is an important measure for all cities and counties as it would provide a much needed on- going reliable source of funding for our streets, roads and other local transportation projects. Proposition 42 is especially important now as many local transportation sales tax measures are set to expire over the next few years. I hope that you and your council will join the League of California Cities and the Yes on Proposition 42 campaign coalition of law enforcement and transportation officials, business, labor unions and taxpayers in supporting this measure: Enclosed please find a sample support form and resolution. If you have any questions, please feel free to contact campaign coalition director Ted Green at (310) 996-2671 (tgreen@woodwardmcdowell.com) or campaign internal education director Jason Barnett at (650) 340-0470 Qbamett@woodwardmcdowell.com). Thank you for your consideration. Sincerely, 7 ,~ `^' ~ t ~~ ~~ ~, • Christopher McKenzie Executive Director, League of California Cities TAXPAYERS FOR TRAFFIC RELIEF/YES ON 4Y ~ A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS AND COMMUTERS 11300 West Olympic Blvd. ri840 • Los Angeles, CA 90064.310/996-2671 • Fax 310/996-2673 111 Anza Blvd. F408 • Burlingame, CA 94010 •650/340.0470 • fax 650/340-1740 ~ r ..,n ~. ~i"o~ ~• ,., „ocnrnr "7 rnm . o mail infr voFO rn nG9 rnm SAFER ROADS AND • • ~ TRAFFIC RELIEF I • Let's get moving again! SAFER ROADS -TRAFFIC RELIEF -WITHOUT NEW TAXES Requires the gasoline sales tax-A TAX WEALREADY PAYAT THE PUMP- be used to improve highways, local roads and mass transit. An annual audit of Prop. 42 funds will be required to help guarantee transportation projects get delivered on time and on budget. Improve Highway, Bridge and Street Safety California's once safe and beautiful highways are now the third most deteriorated roadways in the nation, and growing less safe by the day. More than 6000 California bridges and overpasses are structurally deficient or no longer meet highway safety or design standards. Prop. 42 will provide desperately needed funds to help fix potholes and repair dangerous roads, highways, bridges, intersections and school routes - in every city and county in the state. Speed Up Traffic Relief and Mass Transit Projects Los Angeles has the most congested traffic in the country. San Francisco/Oakland is second, San Diego si~ and Sacramento, San Jose and San Bernardino/Riverside follow close behind. Prop. 42 guarantees gasoline sales taxes -taxes we already pay -will be used for transportation improvements. It will help speed up the delivery of planned traffic relief projects on highways and local roads, and expand local bus and commuter services, such as VTA in San Jose, Sacramento light rail, MUNI, Green and Blue lines in L.A., the San Diego trolley, BART, Caltrain, Capitol Corridor, Southern California's MetroLink, ACE, and the Coasters in San Diego. Create Jobs and Stimulate the Economy Speeding up transportation prdjects has the added benefit of creating thousands of new jobs in construction, engineering and related services - at a time when we need them the most. Every dollar spent on highway improvements generates about six times that amount in economic benefits. Join California Highway Patrol Commissioner Dwight Helmick, the California Organization of Police and Sheriffs (COPS), California Fire Chiefs Association, California Office of Emergency Services Director Dallas Jones, California Taxpaye ~;' Association, California State Automobile Association-AAA, Automobile Club of Southern California-AAA, California Transit Association, Transportation California, California Alliance for Jobs, California Taxpayer Protection Committee, California State Association of Counties, League of California Cities, California Chamber of Commerce, labor unions, seismic safety engineers, local and state transportation officials, seniors, commuters, transit riders, parents and many others. YES on PROP. 42 SAFER ROADS -TRAFFIC RELIEF -WITHOUT NEW TAXES TAXPAYERS FOR TRAFFIC RELIEF/YES ON 4Y • A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS ANO COMMUTERS 11300 West Olympic Blvd. #840 • Los Angeles, CA 90064.310/996-2671 • Fax 310/996-2673 7214 111 Anza Blvd. 8406 • Burlingame, CA 94010. 650/340-0470 • Fax 650/340-1740 4 :• Prop. 42 will help speed up highway, street and mass transit improvements. It also guarantees every city and coun additional funds to repair and maintain local roads. Here's a few examples of regional projects awaiting com letion: Alameda Extending rail service to Livermore Widening Rte. 84 from 4 to 6 lanes from Livermore to Sunol • Westbound truck climbing lane over Altamont Pass Adding train service across the Dumbarton Bridge Widening of I-15 from Temecula to Corona Construction of a new East-West corridor between Riversic and Orange County Interchange improvements along I-10 in Coachella Valley Improvement of local bus services Contra Costa Extending rail service to Antioch • Speeding up work on fourth bore for Caldecott Tunnel • Expansion of 680/Route 4 interchange • Improvements to State Route 4 Fresno Extension of Highway 180 from Highway 33 to I-5 Improvements to Highway 99 Traffic improvements to and widening of Herndon Avenue Expansion of public transit Kern • Widening and improving Highway 99 • Widening and improving State Route 58 in Bakersfield Los Angeles • Improving the San Diego Freeway (405) and the Ventura Freeway (101) interchange and travel over Sepulveda Pass Countywide freeway improvements including I-5, I-10, Route ~• 14, Route 60, and U.S.101 Expansion of Metro Rapid Bus service • Expansion of rail service to Pasadena, East Los Angeles and West Los Angeles Construction of a Busway in the San Fernando Valley along the Burbank/Chandler corridor MarinlSonoma • Speeding up widening of 101 • Expansion of ferry service New 580/101 connecting ramps NapalSolano Widening/improving 801680/Route 12 interchange • Widening 680 to 6 lanes north of the Benicia Bridge • Expansion of Route 29 from Route 12 to Solano County Orange County • Fixing freeway bottlenecks on the 405 from Warner to Beach Blvd., the 55 freeway, the 5 and the 91 • Expansion of MetroLink commuter rail service by doubling existing Metrolnk during peak period operations and adding new service from Fullerton to Laguna Niguel Increasing "Bus Rapid Transit" service on Beach and Harbor Blvds. .Riverside Railroad grade separation on major streets .. Improving MefroLink Service Improvements to I-215 Sacramento Light rail from downtown to Sacramento International Airport Improvements on Hwy. 50 and I-80 east of downtown Improvements to local roads and local bus servia: San Bernardino Improvements to I-10 Widening of I-215 between San Bernardino and Riverside Widening of I-15 in the Cajon Pass Expansion of MetroLink commuter rail service San Francisco Improvements to Doyle Dr. approach to Golden Gate Bridge Speeding up extension of light rail service underground into Chinatown Replacement for Transbay Terminal San Diego Widening of I-5 throughout the county Widening of I-15 from Kearney Mesa to Escondido Rail transit expansion and improvements San Joaquin Valley Widening and improvements to Highway 99 Expansion of ACE commuter rail service to Bay Area Expansion of public transit system San Luis Obispo Widen Route 46 to four lanes from Paso Robles to Fresno San Mateo Speeding up interchange improvements along 101,. including Willow Road, University Avenue and Broadway Widening Route 92 from 4 to 6 lanes between 101 and 280 Speeding up electrification of Caltrain from SF to Gilroy Santa Clara Speeding up work on widening 101 from 6 to 8 lanes from Metcalf Road to Cochrane Road , Widening 880 to 8 lanes from Route 237 to 101 Speeding up construction of BART from Warm Springs to San Jose Ventura Widening Route 23 between Moorpark and Thousand Oaks Widening 101 freeway from Johnson Drive in Ventura to Vineyard Avenue in Oxnard 11/29 SAFER ROADS AND TRAFFIC RELIEF ~ .. -- Who Supports Prop. 42 on the March 5, 2002 Statewide Ballot? (as of 12/13/01) Police, Fire and Public Safety California Highway Patrol Commissioner Dwight Helmick California Highway Patrol Commissioner M. J. Hannigan (Retired) California Highway Patrol Commissioner J.E. "Jim" Smith (Retired) California State Office of Emergency Services Director Dallas Jones California Fire Chiefs Association California Organization of Police and Sheriffs (COPS) Taxpayer Protection California Taxpayers' Association California Taxpayer Protection Committee National Tax Limitation Committee Butte County Citizens.for Better Government Fullerton Association of Concerned Taxpayers Kern County Taxpayers Association Marin United Taxpayers Association Orange County Taxpayers Association Shasta County Taxpayers Association United Californians for Tax Reform Waste Watchers Transportation and Highway Safety Automobile Club of Southern California -AAA California State Automobile Association -AAA Structural Engineers Association of California California Transit Association California Commuters Alliance California Association of Councils of Government • California Rebuild America Coalition TAXPAYERS FOR TRAFFIC RELIEF/YES ON 42 ~ A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS AND COMMUTERS 11300 West Olympic Blvd. +F840 • Los Angeles, CA 90064.310/996-2671 • Fax 310/996-2673 111 Anza Blvd. A406 • Burlingame, CA 94010. 6501340-0470 • Fax 650/340.1740 wnbsi*er ww~~, vo~ornr~a9.rnm • a-mail inf wesoro "~ com California Association for Coordinated Transportation " Infrastructure Delivery Council Rail Passenger Association of California RAILV OTE Self-Help Counties Coalition Metropolitan Transportation Commission (Bay Area) Amador County Transportation Commission California Association of School Transportation Officials, Chapter 1 (San Bernardino County) Contra Costa Transportation Authority Council of Fresno County Governments Fresno County Transportation Authority '~ Glenn County Transportation Commission ~ Livermore/Amador Valley Transit Authorirys' Madera County Transportation Commission Mendocino Council of Governments Merced County Association of Governments Modoc County Transportation Commission Transportation Agency for Monterey Counryk Napa County Transportation Planning Agency Nevada County Transportation Commission Orange County Transportation Authority Riverside County Transportation Commission Sacramento Area Council of Governments San Diego Association of Governments San Joaquin Council of Governments Santa Clara Valley Transportation Authority Santa Cruz County Regional Transportation Commission Tulare County Association of Governments Ventura County Transportation Commission Transportation California The Transit Coalition Business, Labor, Local Government, Education and Others California Alliance for Jobs California Chamber of Commerce California State Association of Counties League of California Cities Marian Bergeson, Former Member, California State Board of Education Associated General Contractors of California California Business Roundtable California Conference of Carpenters California State Council of Laborers Consulting Engineers and Land Surveyors of~ California International Union of Operating Engineers, Local'Union3 (NorthernCaliforma) International Union of Operating Engineers, Local 12 (Southern California) State $tiilding and Construction Trades Council of California County of Plumas ~ County of Siskiyou County of Tuolumne City of Brea City of Clayton City of Mazina American Public Works Association, Sacramento Chapter Lake County/City Area Planning Council Hon. Dan Donahue, Councilmember; City o:f Vallejo and Board Member, Solano Transportation Authority Hon. Kevin R. Jenkins, School Board Member, Hanford High School District Hon. Vern D. Moss, Supervisor, Madera County Hon. Bill Overman, Supervisor, Siskiyou County Hon. Julie Pierce, Mayor, City of Clayton and Commissioner, Contra Costa Transportation Authority Hon. Richard Shoemaker, Supervisor, Mendocino County Hon. Joan Smith, Supervisor, Siskiyou County W Chris Stampolis, Chair, Planning Commission, City of Santa Clara Dr. David Stine, President, San Bernardino County School Board Hon. Tom Stallazd, Supervisor, Yolo County Amalgamated Transit Union, California Conference Boazd American Council of Engineering Companies Asphalt Pavement Association California Association for Local Economic: Development California Building Industry Association California Business Alliance California Business Properties Association California Cast Metals Association California Cement Promotion Council California Dump Truck Owners Association California Hotel & Lodging Association California Moving and Storage Association California State Association of Electrical Workers Construction Materials Association of California Engineering and Utility Contractors Association ~ Engineering Contractors' Association Flasher/Barricade Association Laborers International Union Regional Council of Rural Counties " Northern California District Council of Laborers Southern California Contractors Association Structural Engineers Association of Southern California Anaheim Chamber of Commerce Apple Valley Chamber of Commerce Associated General Contractors of California, San Diego Chapter Avignon Home Owners (Valencia) Bay Area Council Clovis Chamber of Commerce Construction and General Laborers' Union, Loca1291 (San Rafael) Consulting Engineers and Land Surveyors of California, Peninsula Chapter Downey Chamber of Commerce El Centro Chamber of Commerce and Visitors Bureau Escondido Chamber of Commerce Fontana Chamber of Commerce Greater Fresno Chamber of Commerce Gilroy Chamber of Commerce Hayward Chamber of Commerce Imperial County Building and Construction Trades Council Industry Manufacturers Council Inland Empire Economic Partnership Laborers International Union, Loca1220 (Bakersfield) Laborers International Union, Local 270 (Santa Cruz) Laborers International Union, Loca1294 (Fresno) Laborers International Union, Local 585 (Ventura) Laborers International Union, Local 1082 (El Monte) Long Beach Area Chamber of Commerce Los Altos Chamber of Commerce '~ Los Angeles Area Chamber of Commerce Los Angeles/Orange Counties Building & Construction Trades Council s' Marin Builders Exchange Greater Merced Chamber of Commerce Milpitas Chamber of Commerce Nevada County Contractors' Association Newport Harbor Area Chamber of Commerce North Coast Builders Exchange (Santa Rosa) Ontario Chamber of Commerce Orange Chamber of Commerce & Visitors Bureau '~ Otay Mesa Chamber of Commerce Plumbers and Steamfitters Union, Loca162 (Castroville) Redwood City/San Mateo County Chamber of Commerce Greater Redding Chamber of Commerce Rialto Chamber of Commerce Greater Riverside Chamber of Commerce Sacramento Builders' Exchange San Diego Building and Construction Trades Council San Francisco Building and Construction Trades Council San Luis Obispo County Builders Exchange San Rafael Chamber of Commerce Santa Clara Chamber of Commerce Santa Clarita Valley Chamber of Commerce Silicon Valley Manufacturing Group Solano Economic Development Corporation South Lake Tahoe Chamber of Commerce Sunnyvale Chamber of Commerce " United Food and Commercial Workers Union, Loca1839 (Salinas) Ventura Chamber of Commerce Victorville Chamber of Commerce Visalia Chamber of Commerce l~..J - new listing i Official Ballot Label for Proposition 42: TRANSPORTATION CONGESTION IMPROVEMENT ACS. ALLOCATION OF EXISTING MOTOR VEHICLE FUEL SALES AND USE TAX REVENUES FOR TRANSPORTATION PURPOSES ONLY. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Requires, effective July .1, 2003, existing revenues resulting from-state sales and use taxes on the sale of motor vehicle fuel be used for transportation purposes as provided by law until June 30, 2008. Requires, effective July 1, 2008, existing revenues resulting from state sales and use taxes be used for public transit and mass transportation; city and county street and road repairs and improvements; and state highway improvements. Imposes the requirement for a two-thirds of the Legislature to suspend or modify the percentage allocation of the revenues. Fiscal Impact: Starting in 2008-09, about 51.4 billion in state gasoline sales tax revenues, increasing annually thereafter, would continue to be used for state and local transportation purposes. Proposition 42 Text: Assembly Constitutional Amendment No. 4--A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Article XIXB thereto, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST ACA 9, Dutra. Transportation funding: sales and use tax revenues. The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. That law requires revenues derived from those taxes to be deposited in the Retail Sales Tax Fund. Existing law requires the balance of that fund remaining after various specified allocations to be allocated to the General Fund. This measure would, for the 2003-04 fiscal year and each fiscal year thereafter, require all moneys that are collected during the fiscal year under the Sales and Use Tax Law, with respect to the sale or use of motor vehicle fuel, and that are required to be transferred to the General Fund pursuant to that law, to instead be transferred to the Transportation Investment Fund. This measure would, for the 2003-09 to 2007-08 fiscal years, inclusive, require moneys in that fund to be allocated for transportation purposes as , provided in a specified statute. This measure would, for the 2006-09 fiscal year and each fiscal year thereafter, require moneys in the fund to be allocated only for transportation purposes specified by this measure, and would specify the allowable percentage amount to be allocated for each specified transportation purpose. This measure would allow the Legislature to suspend or modify these requirements under certain circumstances, if the act so . providing is approved by 2/3 of the entire membership of each house of the Legislature. WHEREAS, California's continuing economic prosperity and quality of life depend, in no small part, upon an expansive and efficient . transportation system; and WHEREAS, The need to maintain, expand, andimprove California's multimodal transportation system increases as California continues to grow; and WHEREAS, Public investment in transportation has failed to keep pace, with California's growth, and additional fiscal resources are needed simply to maintain, much less expand, California's transportation system; and WHEREAS, The failure to address California's transportation funding needs will drain economic vitality, compromise public safety, and erode quality of life; and WHEREAS, It is now necessary to address California's transportation problems by providing additional state funding, in a manner that protects existing constitutional guarantees set forth in Section 8 of Article XVI of the California Constitution, for the funding of public education; now, therefore, be it Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2001-02 Regular Session commencing on the fourth day of December 2000, two-thirds of the membership ofeachhouse concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended by adding Article XIXB thereto, to read: ARTICLE XIXB MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING SECTION 1. (a) For the 2003-09 fiscal year and each fiscal year thereafter, all moneys that are collected during the fiscal year from • taxes under the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Co6e), or any successor to that law, upon the sale, storage, use, or other consumption in this State of motor vehicle fuel, and that are deposited in the General Fund of the State pursuant to that law, shall be transferred to the Transportation Investment .Fund, which is hereby created in the State Treasury. (b) (1) For the 2003-09 to 2007-08 fiscal years, inclusive, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, in accordance with Section 7109 of the Revenue and Taxation Code as that section read on the operative date of this article. (2) For~the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated solely for the following purposes: (A) Public transit and mass transportation. (B) Transportation capital improvement projects, subject to the laws governing the State Transportation Improvement Program, or any successor to that program. (C) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by cities, including a city and county. (D) Street and highway maintenance, rehabilitation, reconstruction, or storm damage repair conducted by counties, including a city and county. (c) For the 2008-09 fiscal year and each fiscal year thereafter, moneys in the Transportation Investment Fund shall be allocated, upon appropriation by the Legislature, as follows: (A) Twenty percent of the moneys for the purposes set forth in subparagraph (A) of paragraph (2) of subdivision (b). (B) Forty percent of the moneys for the purposes set forth in subparagraph (B) of paragraph (2) of subdivision (b). (C) Twenty percent of the moneys for the purposes set forth in subparagraph (C) of paragraph (2) of subdivision (b). (D) Twenty percent of the moneys for the purpose set forth in subparagraph (D) of paragraph (2) of subdivision (b). (d) The transfer of revenues from the General-Fund of the State to the Transportation Investment Fund pursuant to subdivision (a) may be suspended, in whole or in part, for a fiscal year if both of the following conditions are met: (1) The Governor has issued a proclamation that declares that the transfer of revenues pursuant to subdivision (a) will result in a significant negative fiscal impact on the range of functions of government funded by the General Fund of the State. (2) The Legislature enacts by statute, pursuant to a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, a suspension for that fiscal year of the transfer of revenues pursuant to subdivision (a), provided that the bill does not contain any other unrelated provision. (e) The Legislature may enact a statute that modifies the percentage shares set forth in subdivision (c) by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision and that the moneys described in subdivision (a) are expended solely for the purposes set forth in paragraph (2) of subdivision (b). SAFER ROADS AND TRAFFIC RELIEF r t ~ Support Form I / We support Proposition 42 on the March 5, 2002 statewide ballot. Proposition 42 wilt make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve highways, local roads and mass transit. You may add my/our name to your coalition list and may use it publicly. Organization Name Date Authorized Signature Printed Name Title • Mailing Address City, State, Zip Phone FAX E-Mail Address Organization Website Please give us a quote on why you or your of ~anization supports Prop 42: (optional) Please FAX your completed form to Ted Green at (310) 996-2673. THANK YOU! „n< TAXPAYERS FOP TRAFFIC RELIEF/YES ON 42 ~ A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS AND COMMUTERS 11300 West Olympic Blvd. 1840 • Los Angeles, CA 90064.310/996-2671 • Fax 310/996-2673 111 Anza Blvd. 1406 • Burlingame, CA 94010.650/340.0470 • Fax 650/340-1740 h .~ ^; "SAMPLE RESOLUTION IN SUPPORT OF PROPOSIi10N-42`~- WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the gasoline sales taxes we already pay be used to improve mass transit, highways and local roads; and WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation purposes; and WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the country, San FranciscolOakland second, San Diego sixth and Sacramento, San Jose and San BemardinolRiversidefotlowing close behind; and WHEREAS, with our neglected transportation system needing attention, California has the third worst deteriorated roads in the nation and more than 6000 of our bridges and overpasses are structurally deficient or no longer meet highway s:~fety or design standards; and WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to plan for our future transportation needs; and WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repairdangerou:> road conditions and improve the safety of children walking or biking to school; and WHEREAS, Proposition 42 will help speed up highway safety_and traffic relief projects, and expand and improve mass transit systems; and WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and on budget; and WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits. THEREFORE BE IT RESOLVED, Organization Name Authorized Signature Mailing Address E-Mail Address • izia ;;Printed Name SUPPORTS Proposition 42. Date Title City, State, Zip Organization Website Please fax to (310) 996.2673. Questions about Prop 42: Call (310) 996.2671. i~ l~ SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: January 16, 2002 _.__. AGENDA ITEM ~_ CITY MANAGER: ~~--~~C.~=--~1 - ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Claim of Saratoga Fire Protection District; Claim No. GL-053408 RECOMMENDED ACTION: Authorize rejection of claim. STAFF REPORT On December 4, 2001 the Saratoga Fire Protection District ("claimant" or "District") presented a claim for damages to property located at 14380 Saratoga Avenue and 20473 Saratoga-Los Gatos Road resulting from the denial of the claimant's application to construct a new fire station at 14380 Saratoga Avenue and to operate a temporary fire station at 20473 Saratoga-Los Gatos Road during the construction period, A copy of the claim is attached. Claimant submitted its application to construct a new fire station on March 6, 2001. Claimant also requested a temporary use permit to relocate the existing fire station to the adjacent property, which currently houses the Contempo Building. Claimant also requested that the City adjust the property line of Claimant's property (a lot-line adjustment) and that the City transfer 529 square feet of City-owned property, a portion of the City's Heritage Plaza, to Claimant. The proposed firehouse would be 13,325 square feet with a height of 35 feet and would encompass the entire site proposed as the location for Claimant's project. Claimant requested variances from the City's zoning code which currently limits site coverage to 30 percent of the project site and requires setbacks of 25 feet on all sides of a proposed project site. (Saratoga City Code §§ 15- 18.070, 15-18.080(a)).) In addition, the 35 foot height of Claimant's project would have exceeded the 30 foot height limitation of the zoning district by five feet. ('Zoning Code § 15-18.090(a)). The City Planning Commission held hearings on Claimant's application on • June 13 and June 27, 2001. At these hearings, members of the public and the Planning Commission expressed concern about the size of the proposed project, in particular, the i fact that it would encompass the entire site and adversely impact Saratoga Avenue which has been designated as a Heritage Lane in recognition of its historic importance. In addition, members of the Saratoga firefighters appeared at the June 27 hearing and suggested that the proposed project be redesigned /so that the administrative offices. would be placed on the adjacent Contempo Building property and a smaller fire station ' could be rebuilt on the existing property. On a 4 to 2 vote, the Planning Commission approved Claimant's project, but recommended that the building's tower be redesigned to make it more compatible with the Federated Church adjacent to Claimant's property. Two members of the public appealed the Planning Commission's action to the City Council. On September 5, 2001, i the City Council heard the appeal: After extensive discussion and testimony from the public, the City Council voted to uphold the appeal and to deny Claimant's application. Among the reasons cited in support of the denial were the fact that the excessive bulk of the building was aggravated through the lack of setbacks and 100 percent site coverage and that the project was not compatible with the neighborhood or consistent with the existing zoning. Members of the City Council also indicated that a redesigned or relocated fire station would be feasible. The City's denial was explicitly without prejudice. Claimant remains free to return with a new application for construction of a fire station on its property at any time rather than waiting one year as would typically be ~i required following denial of a use permit application. Because the claimant's proposed project did not conform to the City Code there appears to be no basis for liability on the part of the city. Moreover, the following Government Code sections would appear to preclude liability in this instance: 818.2. A public entity is not liable foi• an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law. 818.4. A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any perYnit, license, certificate, approval, order, or similar authorization where the public entity or an employee of the public entity is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended or revoked. ~~ 1...J 2 821. A public employee is not liable for an injury caused by his adoption of or failure to adopt an enactment or by his failure to enforce an enactment. 821.2. A public employee is not liable for.an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where he is authorized by enactment to determine whether or not such authorization should be issued, denied, suspended or revoked. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The claim would be deemed rejected due to lack of a response from the City. ALTERNATIVE ACTION: The City Council could direct staff to further investigate the. matter or to settle the claim. FISCAL IMPACTS: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. 1 '~ SARATOGA CITY COUNCIL _~'. MEETING DATE: Jan 14, 2002 AGENDA ITEM: I v _ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~'/~ - PREPARED BY: ~~ DEPT HEAD: i- SUBJECT: Financial Reports for the Months ending December 2001 RECOMMENDED ACTION(S): Accept the financial reports for year-to-date months ending December 2001 and the Treasurer's report for the five months ending December 30, 2001. REPORT SUMMARY: The accompanying financial reports represent the revenues, expenditures and fund balances in a.il City funds for the fiscal yeaz-to-date months ending December 31, 2001. The financial reports include actual revenues and expenditures at mid-yeaz point. Projected June 30, 2002 summary includes audited beginning fund balance as well as adopted revenues, expenditures, and transfers that were amended from the original adopted budget. In this report, recommended changes to your budget will be highlighted for future presentation and approval on February 6, 2002. Changes will primazily consist of fund balance adjustmerrts resulting from the .City's fiscal audit, revision to revenue projection that reflect more current economic conditions; and expenditure program modifications. FINANCIAL SUMMARY Overall, the City remains in a strong fund balance condition. As you may recall, the year started off with a surplus of $2,966,627, of which $1,649,542 was attributed to the General Funci. General fund operations continue favorably with total revenues at 50.5% and expenditures :tt 48.5%. Although the City has experienced decline in some tax revenues, such as transfer, construction, and transient occupancy, we have been fortunate to have other revenues such as refunds/reimbursements, fines, and donations that offset. Most significant to the general fimd:~' stability are the property taxes, sales taxes, and motor vehicle license fees, which make-up 58.3% of the budget and remain as projected. Special Revenue Fund revenue variance, 27.4%, primazily reflects grants -and reimbursement revenues that are typically received after expenditures have been made and the timing of recreation revenues which become significantly higher during the second half of the fiscal yeaz.! Revenues in the development services fund are at 53.1%. Although the City has experienced a significant decline in building and planning, we have been fortunate to .have geology and engineering fees assist this vaziance as a result of the Sobrato project. The City's mid-year review process will include a detailed review of all revenues and a close look at expenditures to-date and the. changes or modifications we foresee as necessary between now and fiscal year-end. The reassessment of revenues involves developing atwo-year history of, major and other significant revenues, evaluating current conditions and anticipating future trends; in an effort to develop reliable year-end totals. Expenditure analysis and review requires all' departments to evaluate their programs and to communicate any unforeseeable conditions' unknown during the last budget cycle. In addition, programs that may have a significant; reduction in scope or a reduced need will be modified. The February 6, 2002 budget adjustments will reflect significant changes that more accurately; portray the City's anticipated resources and approved program expenditures. FISCAL IMPACTS: Discussed above. CONSEQUENCES OFNOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Beginning fund balance analysis. B. Summary of budget adjustments C. Financial reports for December 31, 2001 D. Treasurer's report for December 31, 2001. 2of2 ~J 1 ATTACHMENT A. W V M~ W }g 6' ~ ~ ^ ~ n~ MW W N d' '~ !.p Cfl ~- CO ~ M O O a0 r N ti O ~ 1'~ r O M O r O ~O N V K1 tt M Lf) .^ CO 1~ t0 ~7 O N O t0 C Cf ~ ~ r- i~ 1~ O ti o0 M M ti M O M ~ C' ~ O tG r r N tD t0 t D~ M N M `-' 07 O 07 ~ 01 r N ~D 1C1 O O 'cr M N M I~ r M 00 ~ Cfl O O ~ tD N N 1n N O N O M 00 ~ N O O Cf N ti ~ r 47 N LO O ~ C4 ~ 00 O 0p N M N ~- O O N r r tD r M ~ !f 00 ~ M N 01 O O O W M N O r ~- ~ M ~ 'cY r tp r O M 00 67 ~ CO O ~ O ~ M O f~ M lF O r- 1~ s7' ~ 1f1 ~ M 00 r N r ~ 1~ ~ CO M r- ~ O lf) d' O N N M ~ ti r N OD M In 1.f) 0p (O d' O ~ O V' I+ ~ f~ 07 <O r O ~ OO O~ ++ O ~-- h f~ N 00 O O G7 M N Q N r N ~ ~ ~ d' r- tp r M M y N N ~ ~ l0 O R O U .L 0 ~+ ~ ~ y ~ C ~+ ~ ^ ''^ '' ^^ ~~ V~+J ~ Q ~ V ~ ~ ~ ~ ~ ~ ~ V ' ~ O F ~~ LL W O L' 0 ~ ~ W ~ Q - L _ R ' .N ~ _ N > 0 .L ~ U ` ~ •• 0 r ~ ~ ~ ~ r ~[ W r ~ a ~ 01 V O ~ (n ~ > W Q' O ~a J N .. i tL C9 . fn V O F- ATTACHMENT B CITY OF SARATOGA SUMMARY OF BUDGET ADJUSTMENTS GENERAL FUND MIS REPLACEMENT FUND PERS RETIREMENT FUND TOTAL GENERAL FUND SPECIAL REVENUE FUNDS: 100 COPS SUP. LAW ENFORCEMENT 110 TRAFFIC SAFETY SRF 150 STREETS&ROADS SRF 160 TRANS DEV ACT SRF-CAP PROJ ] 70 HILLSIDE REPAIR SRF 180 LANDSCAPE/LGTNG SRF 250 DEVELOPMENTSRF 260 ENVIRONMENTAL PRG SRF 270 HOUSING & COMM DEV SRF 290 RECREATION SRF 291 TEEN SERVICES SRF 292 FACILITY OPS SRF 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REV. FUNDS CAPITAL PROJECT FUNDS: 10 PARK DEVELOPMENT ZO LIBRARY EXPANSION Kx TOTAL CIP TOTAL SPECIAL REV. FUNDS DEBT SERVICE FUND: LIBRARY BONDS DEBT SVC AGENCY FUNDS*: LEONARD ROAD DEBT SVC C.A. TV TRUST FUND PARKING DIST #2 DEBT SVC PARKING DIST #3 DEBT SVC DEPOSIT AGENCY FUND SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS AMENDMENTS TO ADOPTED BUDGET REVENUE EXPENDITURE TRANSFERS $177,198 $391,645 ($5,295,000) $177,198 $391,645 ($5,295,000) $2,056 1,460,148 8,411 125,838 1,200 4,881 $0 $1,602,534 $0 6,840,000 $410,110 13,086,350 ($951,350) 6,246,350 $6,840,000 $13,496,460 $5,295,000 $0 $0 $0 $7,017,198 $15,490,639 $0 L ATTACHMENT C C p N O O '~ [~ ~ O O ~ ~ a N O 0 O y M q 0 ._. n W 0 N O O Q r q r ~ O O r q Q O Q N Q M b r r Q Q y N r r 'h Q r O N F. N y~ e{ O 'n y r N O~ N N N q vi n b M b O . - W O M b N V< `Q ' M N Q Q M ~ Lil M ~ yq v - t '1 ~ 6 9 N M ~ ~ Q (A M y O (z 6 9 h w w Z a ., UJ M O B b Q r O '' r q v~ M Q O' O O O O '''' O O ~ 'D O V. M r N O Q N N~ Q W y 'h y O Y3 69 y yq r O O~ W N Vl N r M M r O r O'J M M O (Z N 'n Q V N N b N v N 'I~ ~p b O 'n O ~ d h y P M M W Q N . ~-~ ~ q N Q q Z . -. . Yf M `-' . `~ V~ q N N W ( W M M me.. ~p Yl A y Yi f5 ~- F V C ~ Y M N W N N M Q O O r M M Q M vl q O O O O O N O O O Q O O N N i Q Q M N q M N O N N Q ~D N q v ' O of b q M y Q ~ b N N N O~ N O b f ~ O Nl Q y r M O W m E ? S Q v1 l~ - b 'Ii V b O M '/i vi y O O b b Q .~ r q T M '/1 M V N vl O W r b N N r 'n O O W q q - b O a Q I - r N W r N g N N y g O O q V 69 M q Gr7 W w vi N } a y y q w U q q O O Q r O M O~ Q 0 0 0 0 O' O O N O'J O' Q , r q w = W M y M O O 'n N O N O x 0 0 0 0 V O O O q M O l~ N lp O M r O 'D M O r O O CO O O O y r N M ~D q t' Z b ~D O M~ Q N N ~O M M M b '/~ vi M r O r y - Q r Q r q ~ Q Q Q O~ vl q ~p M M b N r O Q Q q .-. b N O b C vl b vl r i ~ M ` N M di O b 69 N r {s~ oiN f9 - N r b r N W M y y N N N rl M a em ~~ o ~, F U 0 a~ `~ Z oz >' W F U x F Z 0 X vl O Q q r r 'h Q' M r ^' M O '' r W Q N b W N M N ' r M y O O M M r r ~p O O M Q b M W r W G O O N Q Q M .~ p o0 O o0 b o0 Q Q N r o0 Q b V 'D 'n N q 'n 'n 'n co 00 Q ¢m N BOO O O~ V O~ r .-. W P N h C ~ O ^ h O N- y r b T N M b NQ 'h Q N M b^ ~ N r '/~ 'p O M M r y O G M di - q b Q ti y (A v N y `O Z_ N Vf M ~ ~ O ~ fi9 69 y W ~o y O ' O O' W ' ' ~p M M Q O O O' O O O''''' O O ~ N N y P ~p VMi r b N N M y y y y y G.7 N b ~p N ^ ~D z ~ ~ ~ - %~ ¢ F ~~ Q Q O' 00 " N~ co M N Q r O r M Q r O q'' Q'' M N Q= q q M v1 q W b N g N W b W ~p Q r ~p O O1 M b ~ q O N N W vl b O N Q N N O' ~D b r M O Q ~p b b^ Ci O ~-` b O V V W q ~ `D ~ F ~ ~ ~ V .N-. ~ N ^ Q q ~ ^ IOfI yQi r N r y en ry~ ~ Z ~ ~ My fA .-. N Vi Yi q } ~] y Vf ,~ a ¢ ~ F b b o Q oQ Mq o roo .cbQ o'n y o o vly r V (z~ O M M 'n b~ r O b N r Vl i(~ .O r r Y~ (A O o Q ¢= y y O y r N M M '/~ Q O W Q Q N b GO y R Z r r O g M W Q N W M b^ U M W M ~ Q Qy M ~ r_ ^ O Q r M y ~O q ~-' b N Q b b N M N N O N Q > Q Q y Cj ~ y ~O Vi 69 iy by M O Q r r h vt '' r^ P W' r b Q ^ M Q Q r N M N' N O ..~ 0 b O M q O vl b M Q Q O q O O r r Q O'J N O O Q Q N y ¢ N O~ O M r 'h O Q M b M b N r O '/~ Q O N r Q O N f~ m Q O q 'Y 1~ N b W~ Q N Q O O~ r r y W N Q M O W r M ~D r M v N M M N r Q Q q M r Q q Q cO O (A r r 00 q O q Vi IA N M N ~ ~ Vi W y ~ Yi K ~ ~y, h~ d v, yi Z Vi Z U U U U (},J G C ~ O > > OZ ~ Z ~C ¢ "w7 y j y~ Z [_.. ~ ~ `>„ yNOVy [Ti. ~ Gz O ~U y ~ W (7> GsF > C.am F mm~ ¢z zFa ~z~y~~z`~a~ `d ~a ~~° a ~o ..o °z5oo~-~~-.~ o ~ 'Z ry~j ~ ~ > ¢`~,i'pQ uall~ Z Z Uv"y vmiY OOa¢. UZ Z ~ FFF Z.~Z f`~s~ ~ ~¢~m y yv¢i ~[>i1Ca~~at0>OFy away ~m ma Ty.00¢¢r~j ~V] C ¢ C ti7 ; ~ ~7 U F O ~ U O p z Q W E}.. t~i1 ~n F W Y U rn W} }~ F C7 C7 p. ~¢ ¢ CC a' yry ul ~n ~.y..l ~. (n (... .7 ¢ WK,r7 V)C~ U¢>ZZyF, rl .~ o w~a y¢ Vyu. Z~Om yn''a'Z,¢¢ ~~Q¢ F~ zZFy O¢ 6 ¢ Z ZyKF ~„~a¢¢y¢,Z»>U W Uw'E" o. FF m w0 t~~a y~F F ~ m-u~O yOcGFa ¢w Z0u~ ul¢x0 ¢¢m00 wm C7w ¢.¢¢w¢O O W U~aF mUFv~FS~^ u~SCFaFE V a3t-F 0_l ¢.~Uaa Wv~F F Z N M 0 0 0 0 0 0 0 0 0 0 N M O O X O 0 0 0 0 0 0 '~ O O O O y b r W ~D r g q q q N X O N N M Q O q ~T" O O O ^ N N N N N N N M M M Q Q r r r W q Y s C 9V 9 K U L N T N a O 'E e c o ~ ~ W U ¢ CITY OF SARATOGA REVENUES AS OF DECEMBER 31, 2001 BUDGET ADJUSTMENT- AMENDED ORIGINAL (if different) BUDGET TITLE BUDGET (Note 1) (if different) REVENUE OVERVIEW BY FUND 001 GENERAL FUND $ SPECIAL REVENUE FUNDS: 100 COPS-SLESF FUND 110 TRAFFIC SAFETY FUND 150 STREETS & ROADS SRF 160 TRANSPORT DEVELOP ACT SRF 170 HILLSIDE REPAIR FUND 180 LANDSCAPE & LIGHTING FUND 250 DEVELOPMENT FUND 260 ENVIRONMENTAL PROGRAM FUND 270 HOUSING & COMMUNITY DEV FUND 290 RECREATION FUND 291 TEEN SERVICES 292 FACILITY OPERATIONS FUND 293 THEATER TCK SRCHG SRF _ TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS: 310 PARK DVLPMNT CAP PRJ FND 320 LIBRARY EXPANSION CAP PROD FUND 35x TOTAL CIP TOTAL CAPITAL PROJECTS FUNDS , DEBT SERVICE FUND: 400 LIBRARY BOND DEBT SRV FND ` - TOTAL AGENCY FUNDS 420 LEONARD RD DEBT SER FUND 720 CA TV TRUST FUND 730 PRK DST#2 DBT SR/AGNCY FD 740 PRK DST#3 DBT SR/AGNCY FD 800 DEPOSITS AGENCY FUND 990 SARATOGA PFA AGENCY FUND TOTAL AGENCY FUNDS ` TOTAL ALL FUNDS $ 12/31/01 ACTUAL (Y"CD) 50% of Year Expired $ 8,446,3891 4.177.5161 50.5% 100,000 100,000 100.000 100.0% 148.500 148,500 49,534 33.4% 3,552,354 3.552,354 273,730 7.7% 54,727 54,727 38,254 69.9% 2,500 2,500 0.0% 192,593 192,593 54,363 28.2% 1,616.000 1,616,000 858.169 53.1% 563,613 563,613 268,370 47.6% 183,874 183,874 507 0.3% 733,000 733,000 293,468 40.0% 66,700 66,700 16,126 24.2% 135,000 135,000 61,076 45.2% 25,000 25,000 9,854 39.4% 207,000 207,000 248.400 120.0% - - 163,275 - - 6,840,000 6,840,000 - 207,000 7,047,000 - 411,675 198.9% 694,592 694,592 - - 11,738 11,738 - - 4,200 4,200 - 0.0% 167,314 167,314 - 24,675 24,675 4,805 19.5% 207,927 207,927 4,805 2.3% o,.,.. n ~ t r, n ~n~ CITY OF SARATOGA REVENUES AS OF DECEMBER 31, 2001 i (YTD) BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET TITLE BUDGET (Note 1) (if different) REVENUE DETAIL BY FUND GENERAL FUND 001 PROP TAX SECURED/UNSECURED TEA ALLOCATION SALES TAX 1 SALES TAX PROP 172 TRANSFER TAX CONSTRUCTION TAX TRANS OCCUP TAX FRANCHISE FEES - PG&E FRANCHISE FEES-AT&T FRANCHISE FEES - SJ WATER FRANCHISE FEES -GREEN VALLEY BUSINESS LICENSES FEDERAL LAW BLOCK GRANT MOTOR VEHICLE LICENSE FEE OFF HIGHWAY MV FEE HOPTR OTHER REFUNDS & REIMBURSE FMES-FALSE ALARM FORFEITURES SPECIAL ASSESSMENTS (VESSING) INTEREST RENTALS-CELL PHONE HAKONE RENT PASS THROUGH SALE OF ASSETS MISC. VEHICLE ABATEMENT DONATIONS/YOUTH SPORTS ANIMAL LICENSES FUEL SALES GROUND MAINT PARK RENTAL PERMIT-ENCRMT. TOTAL GENERAL FUND $ 1,489,800 12/31/01 150% of Year ACTUAL Expired . $ 1,489,800 I $ 1,145,011 606.59R - 400,000 400,000 321,000 ,121,000 242,500 182,000 99,200 299,600 - 16,698 1,572,500 600 15,700 1,888,400 14,698 118,827 18,000 45,000 295,366 400,000 58,200 15,000 10,000 13,000 - 160,500 12,500 ]0,000 5,000 1 S 1 1,1 400,000 400,000 321,000 • 121,000 242,500 182,000 99,200 16,698 1,572.500 600 15,700 1,905,098 118,827 18,000 45,000 295,366 400,000 58,200 15,000 10,000 ]3,000 160,500 12,500 10,000 5,000 556.964 41,552 598,516 102,035 166,749 133.852 141.658 275.510 874,007 282,282 16,100 ]5,500 245,861 36,418 5,615 1,748 4,716 184,250 1,899 3,341 3,116 76.9% 0.0% 54.6% (2) 47.7% 43:7% 47.4% 25.5% (3) 41.7% 25.3% (4) 31.2% 0.0% 73.5% 0.0% (5) 44.1% 32.6% 55.6% (6) 0.0% 36.3% 51.9% 237.6% (7) 89.4% 34.4% 0.0% 61.5% (8) 62.6% 17.5% 36.3% 114.8% (9) 15.2% 33.4% 62.3% 52.1% r\.-~-\r,+r- -,nn,•pC\/C~IIIC D.... 1/111-- CITY OF SARATOGA REVENUES AS OF DECEMBER 31, 2001 F[SCAL YEAR 2001-02 BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET TITLE BUDGET (Note I) (if different) SPECIAL REVENUE FUND5: COPS-SLESF SP REV FD 100 INTEREST 100 SUPPL LAW ENFORCE TRAFFIC SAFETY SRF 110 CROSSING GUARD MATCH 110 FINES-VEHICLE CODE 110 TOTAL TRAFFIC SAFETY SRF STREETS & ROADS SRF 150 REFUNDS & REIMB. ST HIGHWAY USER 2107.5 ST HIGHWAY USER 2106 ST HIGHWAY USER 2107 ST FHWA REIMB. ST 2105 S&:H CODE TEA-21 CALTRANS-SARATOGA/SV RD. TEA - CLEAN AIR GRANT (SIGNALS) AB 434 CLEAN AIR GRANT MEASURE B TOTAL ST&RDSSRF TRANSPORT DEVELOP ACT SRF-CAP PROJ 160 TOTAL TDA HILLSIDE REPAIR SRF 170 INTEREST HILLSIDE STREET REPAIR TOTAL HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF 180 PROP. TAX SPECIAL ASSESSMENT INTEREST TOTAL LANDSCAPE/LGTNG SRF DEVELOPMENT SRF 250 GEOLOGY REVIEW FEES ' ENGINEERING FEES PLANNING FEES ARBORIST FEE DOCUMENT STRG FEES PERMITS-BUILDING 12/31/01 ACTUAL (Y1'D) 50% of Vear Expired loo,ooo loo,oo0 100,000 loo.o°r° 100,000 3.500 3.500 - 0.0% 145,000 145,000 49,534 34.2% 148,500 148,500 49,534 33.4% 259,700 259,700 3.883 1.5% 6,000 6,000 6,000 100.0% 149,550 149,550 59,780 40.0% 251,500 251,500 105,530 42.0% 1,342,000 1,342,000 0.0% 194,700 194,700 80,498 41.3% 252,705 252,705 0.0% 380,000 380.000 - 0.0% 338,947 338,947 18,039 5.3% 377.252 377,252 0.0% 3,552,354 3,552,354 273,730 7.7% 54,727 54,727 38,254 69.9% 2,500 2,500 - 0.0% 2,500 2,500 0.0% 89,404 89,404 54,363 60.8% (2) 101,189 101,189 0.0% (11) 2,000 2,000 0.0% 192,593 192,593 54,363 28.2% 65,000 65,000 71,318 109.7% S4) 60,000 60,000 221,408 369.0% 396,000 396,000 103,900 26.2% (12) 75,000 75,000 34,995 46.7% 13,000 13,000 4,015 30.9% 967,000 967,000 383.308 39.6% o,-..~ ,nn~m CITY OF SARATOGA REVENUES AS OF DECEMBER 31, 2001 BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET TITLE BUDGET (Note 1) (if different) PERMITS-GRADING INTEREST . TOTAL DEVELOPMENT SRF ENVIRNMNTAL PRG SRF 260 ST REFUSE SURCHG AB939 260 ENVIRONMENTAL FEES 260 INTEREST TOTAL ENVIRON PRG SRF HOUSING&COMM DEV SRF 270 HCD/CDBG/SHARP GRANTS INTEREST TOTAL HOUSING/COMM DEV SRF RECREATION SRF 290 FRIENDS OF WARNER HUTTON HOUSE SPORTS LEAGUE FEES CAMP FEES EXCURSION FEES CLASS/SPECIAL EVENT REDWOOD SPORTS PRGM. TOTAL RECREATION SRF TEEN SERVICES SRF 291 TEEN SERVICES TEEN SNACK BAR WARNER HUTTON CONTRIBUTIONS TOTAL TEEN SERVICES SRF FACILITY OPS SRF 292 BUILDING RENT TOTAL FACILITY OPS SRF THEATER TCK SRCHG SRF INTEREST 293 THEATER TCK SRCHG TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS PARK DVLPMNT CAP PRJ FND 310 PARK DEVELOPMENT (YTD) 12/31/01 50% of Year ACTUAL Expired 40,000 40,000 39,225 98.1% (13) 616,000 1,616,000 858,169 53.1% 30,000 30,000 533,613 533,613 15,632 252,738 52.1% 47.4% 180,874 180,874 0.0% 3,000 3,000 507 16.9% 183,874 183,874 507 0.3% 38,000 38.000 32,327 85.1% 150,000 150,000 16.575 ]I.I% 90.000 90,000 43,180 48.0% 425,000 425,000 184,051 43.3% 30,000 30,000 17,335 57.8% 733,000 733,000 293,468 40.0% 55,080 ~ 55,080 5,000 9.1% 1,620 1,620 11,126 686.8% 10,000 10,000 0.0% 66,700 66,700 16,126 24.2% 135,000 135,000 61;076 45.2% 135,000 135,000 61,076 45.2% 7,373,861 207,000 2,023,451 248,400 27.4% 120.0% TITLE FISCAL YEAR 2001-02 (YND) BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET 12/31/01 50%ofYear BUDGET (Note 1) (if different) ACTUAL Expired .. LIBRARY EXPANSION CAP PROJ FUND 320 LIBRARY BOND INTEREST 163,275 0.0% (14) TOTAL CIP 35x TOTAL CIP RESOURCES - TOTAL CAPITAL PROJECTS FUNDS 207,000 DEBT SERVICE FUND: LIBRARY BOND DEBT SRV FND 400 PRINCIPAL 691,892 INTEREST OTHER 2. TOTAL LIBRARY BOND DEBT 694. AGENCY FUNDS: LEONARD RD DEBT SER FUND 420 SERVICES (ASSESS DISTRICTS) 11. CA TV TRUST FUND 720 INTEREST INCOME 4. PRK DST#2 DBT SR/AGNCY FD 730 SERVICES (ASSESS DISTRICTS) PRK DST#3 DBT SR/AGNCY FD 740 SERVICES (ASSESS DISTRICTS) 167, DEPOSITS AGENCY FUND 800 DEPOSITS SARATOGA PFA AGENCY FUND 990 INTEREST INCOME 24, ~i TOTAL AGENCY FUNDS 207, GRAND TOTAL $ 16,752, REVENUE NOTES CITY OF SARATOGA REVENUES AS OF DECEMBER 31, 2001 4 167,314 - V~V %° 0_0% - n not 738 7 691,892 11 41 - 0.0% - 0.0% 0.0% 19.5% S 7,017,198 S 23,769,769 $ 6,617,447 39.5 „-_, c n,rn-- CITY OF SARATOGA REVENUES AS OF DECEMBER 31, 2001 IZ J BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET 12/31/01 T[TLE BUDGET (Note 1) (if different) ACTUAL (YTD) 50% ofYear Expired (1) Please see summary of budget adjustments. (2) Property Taxes-Secured property taxes paid in December/January and April/May. In addition, TEA distributions will no longer be a June lump sum but a distributed monthly with the secured/unsecured distributions. (3) Property Transfer taxes are lower than originally budgeted due to the decline in real estate transactions. (4) Occupancy fees from the Saratoga Inn & Saratoga Oaks Lodge. The Saratoga Inn remits monthly; the Oaks Lodge quarterly. (5) Franchise Fees from PG&E and SJ Water received in February and April respectively. (6) Motor Vehicle License fees are higher than originally budgeted. (7) Other Refunds & Reimbursements- Law Enforcement refund $101,001 & ABAG Plan $43,160 received in July. (g) Interest Income is higher than originally budgeted. Interest will be distributed to funds with earnings. (9) Donations for Youth Sports Fund. (10) TDA reimbursements of $17,644 & $20,610 received in September, 2001. (11) Assessment Revenues-Paid in December/January and April/May. (12) Planning fees are lower than originally budgeted due to decline in new planning applications. (13) Develop.fees-Grading Permit fees remain higher than originally budgeted. (14) Interest income earned from library bond proceeds in L.A.I.F. account. i~ \REVENUE Page 7 1/] l/02 ~ CITY OF SARATOGA EXPENDITURES AS OF DECEMBER 31, 2001 BUDGET ADJUSTMENT AMENDED ORIGINAL (ifdiffereet) BUDGET 12/31/01 50°/~ofYear TITLE BUDGET (Note 1) (if differeet) ACTUAL E:epired EXPENDITURE OVERVIEW BY FUND 00] GENERAL FUND $ 6,142,783 $ 391,645 6,534,428 $ 3,166,394 48.5% SPECIAL REVENUE FUNDS 100 COPS SUP. LAW ENFORCEMENT 112,236 2,056 114,292 27,630 24.2% 110. TRAFFIC SAFETY SRF 25,983 - 25,983 - 0.0% 150 STREETS&ROADS SRF 8,297,376 1,460,148 9,757,524 1,493,658 ]5.3% ] 60 TRANS DEV ACT SRF-CAP PROD - - 0 - 180 LANDSCAPE/LGTNG SRF .206,697 - 206,697 120,992 58.5% 250 DEVELOPMENT SRF 1,876,822 8,411 1,885,233 824,013 43.7% 260 ENVIRONMENTAL PRG SRF 648,385 125,838 774,223 286,288 37.0% 270 HOUSING & COMM DEV SRF 266,504 - 266,504 116,163 43.6% 290 291 RECREATION SRF TEEN SERVICES SRF 919,725 223,223 1,200 - 920,925 223,223 476,222 91,894 51.7% 41.2% 292 FACII,ITY OPS SRF 275,041 - 275,041 133,527 48.5% 293 THEATER TCK SRCHG SRF 50,784 4,881 55,665 ] 0,680 19.2% TOTAL SPECIAL REVENUE FUNDS 12,902,776 1,602,534 14,505,310 3,581,067 24.7% CAPITAL PROJECTS FUNDS: 310 PARK DEVELOPMENT 500,000 410,]10 910,1]0 546,283 60.0% 320 LTBRARYEXPANSION 14,000,000 1,750,164 12.5% 35x TOTAL CIP - 13,086.350 13A86,350 0.0% TOTAL CAPITAL PROJECTS FUNDS 14,500,000 13,496,460 27,996,460 2,296,447 8.2% DEBT SERVICE FUND: 400 LIBRARY BONDS DEBT SVC 694,592 0 694,592 104,270 15.0% TOTAL AGENCY FUNDS _ 420 LEONARD ROAD DEBT SVC 11,738 11,738 8,219 70.0% 700 QUARRY CREEK PROJ ADM - _ _ 720 C.A TV TRUST FUND - ~ _ 730 PARKING DIST #2 DEBT SVC - _ 740 PARKING DIST #3 DEBT SVC 167,314 167,314 149,964 89.6% S00 DEPOSIT AGENCY FUND - _ 990 SARATOGA PUBL FIN AGNCY - _ TOTAL AGENCY FUNDS 179,052 179,052 158,183 88.3% TOTAL ALL FUNDS 34,419,203 $ 15,490,639 $ 49,909,842 $ 9,306,362 18.6% CITY OF SARATOGA EXPENDITURES AS OF DECEMBER 31, 2001 f • BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET TTTLE BUDGET (Note 1) (if different) EXPENDITURE DETAIL BY FUND 001 GENERAL FUND 1005 CITY COUNCIL 1010 CONTINGENCY 1015 CITY COMMISSIONS 1020 CITY MANAGER'S OFFICE 1025 LEGAL SERVICES/RISK MNGT. 1030 CITY CLERK 1035 EQUIPMENT OPERATIONS 1040 FINANCIAL MANAGEMENT 1045 IIIJMAN RESOURCES 1050 GENERAL SERVICES 1060 FACII.ITIES MAINTENANCE 1065 MANAGEMENT INFORMATION SYS. 1070 PUBLIC INFORMATION 2005 EMERGENCY PREPAREDNESS 2010 CODE ENFORCEMENT 2015 POLICE SERVICES 2025 ANIMAL CONTROL 3030 PARKS/OPEN SPACE 3035 GENERAL ENGINEERING 4005 ADVANCED PLANNING 7005 SENIOR SERVICES 7010 COMMUNITY SUPPORT 7020 ECONOMIC DEVELOPMENT 7025 I-IAICONE GARDENS PARK 90]0 CAPTTALPROJECTS SUBTOTAL LESS OVERI4EAD TOTAL GENERAL FUND 12/31/01 ~ 50% of Year ACTUAL Expired. $51,000 54,984 $105,984 $54,771 51.7% 200,000 (91,229) 108,771 - 0.0% 100,994 100,994 43,357 42.9% 345,209 345,209 188,669 54.7% 377,900 377,900 194,234 51.4% 87,420 87,420 4],049 47.0% 309,987 182,427 492,414 183,459 37.3% (15) 447,429 447,429 210,296 47.0% 167,277 14,100 181,377 78,282 43.2% 146,680 4,830 151,510 80,690 53.3% 469,184 469,184 257,930 55.0% 274,373 33,581 307,954 122,818 39.9% 26,162 26,162 6,600 25.2% 21,214 21,214 8,062 38.0% 48,281 28,000 76,281 20,858 27.3% 2,918,415 16:698 2,935,113 1,517,805 51.7°/a 202,899 202,899 103,686 51.1% 699,546 7,747 707,293 268,294 37.9% 260,239 9,000 269,239 136,444 50.7% 96,854 5,237 102,091 33,745 33.1% 41,035 41,035 16,047 39.1% 72,800 ~ 72,800 30,130 .41.4% 149,912 1,000 150,912 61,291 40.6% 160,747 160,747 36,878 22.9% 312,311 125,270 437,581 142,257 32.5% (16) 7,987,868 391,645 8,379,513 $3,837,652 45.8% (1,845,085) (1,845,085) ($671,258 36.4% $ 6,142.783 $ 391.645 $ 6.534.428 $ 3.166.394 48.5% ~ CITY OF SARATOGA EXPENDITURES AS OF DECEMBER 31, 2001 i BUDGET . ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET 12/31/01 50°/° of Year TITLE BUDGET (Note 1) (if different) ACTUAL Expired SPECIAL REVENUE FUNDS: 100 2030 COPS SUP. LAW ENFORCEMENT 100,000 2,056 102,056 24,672 24.2% PLUS OVERHEAD 12,236 12,236 $2,958 24.2% . TOTAL COPS SRF 112,236 2,056 114,292 27,630 24.2% 110 2020 TRAFFIC SAFETY SRF 25,100 25,100 0.0% PLUS OVERHEAD 883 883 - 0.0% TOTAL TRAFFIC SAFETY SRF 25,983 0 25,983 0 0.0% 150 STREETS&ROADSSRF 3005 STREET MAINTENANCE 1,797,812 1,385,848 3,183,660 1,082,983 34.0% (17) 3010 SIDEWALKS AND TRAII,S 96,016 96,016 18,683 19.5% (18) 301> TRAFFIC CONTROL 236,198 12,300 248,498 79,251 31.9% 3020 FLOOD AND STORM DRAIN CONTROL 129,184 30,000 159,184 43,302 27.2% 3026 MEDIANS AND PARKWAYS 147,580 2,000 149,680 68,176 45.6% 5010 CONGESTION MANAGEMENT 360,621 350,621 27,957 8.0% 9010 CAPITAL PROJECTS 4,988,425 30,000 5,0]8,426 88,878 1.8% SUBTOTAL 7,745,836 1,460,148 9,205,984 1,409,230 ]6.3% PLUS OVERHEAD 551,540 651,540 $84,428 ] 6.3% TOTAL STREETS&ROADS SRF 8,297,376 1,460,148 9,757,524 1,493,658 16.3% 160 9010 TRANS DEV ACT SRF-CAP PROJ 0 - 0 - - 180 3040 LAND5CAPE/LGTNG SRF 180,007 180,007 106,369 68.6% PLUS OVERHEAD 26,690 26,690 $16,623 68.6% TOTAL LANDSCAPE/LGTNG SRF 206,697 206,697 120,992 68.6% 250 DEVELOPMENT SRF 4010 ZONING ADMINSTRATION 672,698 4,984 677,682 249,378 43.2% 4016 INSPECTION SERVICES ~ 479,922 3,427 483,349 201,607 41.7% 4020 DEVELOPMENT REGULATION 191,238 191,238 96,423 50.4% SUBTOTAL 1,243,758 8,411 1,252,169 547,308 43.7% PLUS OVERHEAD 633,064 633,064 $276,706 43.7% TOTAL DEVELOPMENT SRF 1,876,822 8,411 1,885,233 824,013 43.7% 260 ENVIItONMENTAL PRG SRF 6006 TN'I'EGRATED WASTE MGMT 166,741 76,838 232,579 113,368 48.7% 6015 STORM WATER MANAGEMENT 379,419 60,000 429,419 140,849 32.8% 9010 CAP PROJ(STREET STORM DR) 26,467 26,467 0.0% SUBTOTAL 561,627 125,838 687,465 254,207 37.0% r CITY OF SARATOGA EXPENDITURES AS OF DECEMBER 31, 2001 • PLUS OVERHEAD TOTAL ENVIItNMNTAL PRG SR 270 HOUSING&COMM DEV SRF 7015 HCDAADMII~IISTRATION 9010 CAP PROJECTS (SR CTR & ADA) SUBTOTAL PLUS OVERHEAD TOTAL HOUSING&COMM DEV SRF 290 RECREATION SRF 6005 RECREATION SUBTOTAL PLUS OVERHEAD TOTAL RECREATION SERVICES 29] TEEN SERVICES SRF 60]0 TEEN SERVICES 6010 TEEN SNACK BAR 60]0 WARNER HUTTON CONTRIBUTIONS . PLUS OVERHEAD TOTAL TEEN SERVICES SRF 292 6020 FACILITY OPS SRF PLUS OVERHEAD TOTAL FACILITY SRF 293 6015 THEATER TCK SRCHG SRF PLUS OVERHEAD TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET 12/31/01 50% of Year BUDGET (Note 1) (if different) ACTUAL 'Expired 86.758 86.758 $32.081 37.0% 201,348 201,348 86,289 42.9% 50,000 - 50,000 23,268 46.5% 251,348 0 251,348 109,557 43.6% 15,156 15,156 $6,606 43.6% 266,504 0 266,504 116,163 43.6% 673,405 246,320 1,200 674,605 246,320 348,847 $127,375 51.7% 51.7% 919,725 1,200 920,925 476,222 51.7% 161,326 61,897 ]61,326 61,897 66,413 $25,481 41.2% 41.2% 223,223 0 223,223 91,894 41.2% 72,036 203,005 72,036. 203,005 34,972 $98,555 48.5% 48.5% 275,041 0 275,041 133,527 48.5% 43,248 7,536 4,881 48,129 7,536 9,234 $1,446 19.2% 19.2% 50,784 4,881 55,665 10,680 19.2% 12,902,776 1,602,534 14,505,310 3,581,067 24.7% CAPITAL PROJECTS FUNDS 310 9010 PARK DEVELOPMENT 320 9010 LIBRARY EXPANSION 35x TOTAL CIP TOTAL CAPITAL PROJECTS FUNDS 500,000 410,110 910,110 546,283 14,000,000 14,000,000 1,750,164 60.0% (19) 12.5% (20) _~ 8.2% _. ~` CITY OF SARATOGA EXPENDITURES AS OF DECEMBER 3~, 2001 BUDGET ADJUSTMENT AMENDED ORIGINAL (if different) BUDGET 12/31/01 ~ SOA/° of Year TITLE BUDGET (Nate 1) (if different) ACTUAL Eapired . DEBT SERVICE FUND: 400 8015 LIBRARY BONDS DEBT SVC 694,592 - 694,592 104,270 15.0% (21) AGENCY FUNDS: 420 8020 LEONARD ROAD DEBT SVC 11,738 11,738 8,219 70.0% (22) 720 1040 C.A. TV TRUST FUND - - - 730 8005 PARKING DIST #2 DEBT SVC - - - - 740 8010 PARKING DI5T #3 DEBT SVC 167,314 167,314 149,964 89.6% (22) 990 1040 SARATOGA PUBL FIN AGNCY - - - - .TOTAL AGENCY FUNDS 179,052 179,052 158,183 88.3% TOTAL EXPENDITURES $ 34,419,203 $ 15,490,639 $ 49,909,842 $ 9,306,362 18.6% EXPENDTTURE NOTES (15) Equipment replacement-Taz pot & Toro mower to be purchased this fiscal year. (16) Capital projects to be completed this fiscal yeaz. (17) Vaziance'primarilyreflectsprojecUtimin9delays. (18) Variance primarily reflects timing delays for projects that aze seasonal in nature. (19) Pazk development various locations. (20) Library Expansion & Renovation Construction Phase I (21) Debt service payments made in December and June. (22) Debt service payments made in September and March CJ ATTACHMENT D CITY OF SARATOGA Cash and Investment Report 1 Balance as of December 31, 2001 ype Institution Acquisition Date FDR" Rating Book Value - Market Value Par Value Yield Maturity Date Antiripated Monthly Term Earnings Unrestricted Cash & Investments: Cash: DD Comerica Bank -Savings N/A AAA $241,002 $241,002 $241,002 2.000% Revolving 1 5402 CK Comerica Bank -SWEEP Account N/A AAA 48,970 48,970 48,970 0.000% Revolving I 0 CK Comerica Bank-Payroll Checking N/A AAA 22,413 22,413 ~ 22,413 0.000% Revolving I 0 Subtotal Cash 312,385 312,385 312,385 1.543% 1 402 L.A.I.F. & Investments: ' MF L.A.I.F. N/A N/A 17,711,872 17,793,220 a 17,711,872 3.526% Revolving 1 52,043 CD San Jose National Bank 07/03/99 AAA 300,000 500,000 500,000 3.700% 07/03/02 365 1,542 CD Heritage Bank of Commerce 10/14/98 AAA 636,542 636,542 636,342 3.080% 10/14/02 365 1.634 Subtotal CDs 1,136,542 1,136,542 1,136,542 3.353% 365 3.175 Subtotal L.A.LF. & Investment 18,848,414 18,931,762 18,848,414 3.516% 183 53,219 Subtotal UnrestrMed Cash&Investment - 19,160,799 19,244,147 19,160,799 3.483% 92 35,621 Restricted Cash & Investment: , S V San Jose National Bank -CDBG N/A AAA 80,499 80,499 80,499 1.600% Revolving 107 MF LA.LF.+Library Bond Proceeds N/A N/A 9,831,649 9,877,914 a 9,831,649 3.526% Revolving 1 28,889 CK Comerica Bank -Saratoga Youth Sports N/A AAA 192,068 192,068 192,068 0.000% Revolving 1 0 SV Money Market-Library Bond Proceeds N/A N/A 1,027,260 1,027,260 1,027,260 2.170% Revolving 1 I,83R CK Wells Fargo Bank-CDBG N/A AAA 6,503 6;503 6,503 0.000% Revolving I 0 CK Wells Fargo Bank-CDBG N/A AAA 26,744 26,744 26,744 0.000% Revolving 1 0 Subtotal RestrMed Cash & Investment 11 164 723 11 210 988 11 164 723 3 303% 2 30 854 , , . , v Total Cash and Invesnnent :$30,325,522 ~' 530,455,135 S303Y5,522 ~ 3.472°!° Avg Yield 46 586,474 Benchmark Yield Comparison as of 12/31/01 3 Month Treasury 1.54% 1 Year Treasury 2.02% Schedule of Maturities: Reserve Analyst: General Fund Reserve requirement adopted 4/3/00: $2,238,266 Immediate $29,188,980 General Fund Balance as of 6/30/Ol(AUDITED). $12,074,797 FY 2001-2002 (CDs) 1,136,542 Available Funds: Total $30,325,522 Unrcsuicted Pooled Cash & Investmrnt available for current year expenses in all funds: $18,024,257 (Includes unrestricted funds maturing within the current fiscal yeaz) NOTES: DD -Direct Deposits CK -Checking Account MF -Mutual Fund SV -Savings Account ES -Escrow Account e-Market values for L.ALF provided by State Treasurer • FDR =The Financial Directory rating is based on computer analysis of prime fmanciat reported quarterly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. This report reflects Pooled Cash, Investment and Restricted Cash which are available resources to fund operations, debt service and capital improvement. Other mtrest bearing assets (notes receivable) are listed above. Debt service reserve funds held by tmstees are restricted pursuant to indenture covenant and have been excluded from this report Pursuant to Government Code Section 33646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resotues to meet anticipated pool expenditure requirement forthe next six months. 0 1 Submitte by: Ap~: 1/8/02 (Unaudited Result) 12-01REPO.x/s SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: January 16, 2002 AGENDA ITEM l CITY MANAGER: ~'~~C~-f ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Consider Request to Join Friend of the Court Brief in Charter Communications v. County of Santa Cruz. RECOMMENDED ACTION: Authorize the City of Saratoga to join the friend of the court brief being prepared in Charter Communications v. County of Santa Cruz. REPORT SUMMARY: The courts authorize amicus ("friend of the court") briefs in cases where the amici have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in Charter Communications v. County of Santa Cruz, a case of possible concern to the City. Charter Communications concerns whether attorneys' fees may be awarded to the prevailing party in a case involving a dispute over a cable franchise agreement. The cable company prevailed in this case and the judge ordered attorneys' fees against the county. The fees were approximately $ 1 million, but after settlement and mediation were reduced to $725,000. The county argued that the federal Cable Act precludes the awarding of attorneys' fees. The county is appealing the award of attorneys' fees to the Ninth Circuit Court of Appeals. The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief which is being prepared without charge to participating cities by the San Francisco City Attorneys office. The brief is due January 28, 2002. FISCAL IMPACTS: None. There is no cost to join the brief. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not join the amicus brief. FOLLOW UP ACTIONS: City Attorney will report on the decision of the court when issued. ~~ 2 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: ~ _ /J '7 CITY MANAGER: 0--/~~- DEPT HEAD: ~ SUBJECT: Appeal of an Administrative Decision to Require Sound Mitigation APPELLANT: Dr. John Oliver, Property Owner LOCATION: 12240-12250 Saratoga-Sunnyvale Road RECOMMENDED ACTION: Staff recommends that the City Council deny the appeal and require the construction of an eight- footmasonry sound wall along the rear property line of the appellant's property pursuant to Resolution No. 91-03. REPORT SUMMARY: The appellant requests the City Council rescind Resolution No. 91-03 adopted on January 16, 1991. Resolution No. 91-03 requires the construction of an eight-foot masonry sound wall along the rear property line between the subject commercial property (C-V) and the adjoining residential district (R-1-10,000). The subject property is occupied by several businesses including the Good Neighbor. Dog Boarding and Training, Saratoga Builders, Wagner Roofing, Tom's Plumbing, Custom Countertops, and Builder's Tools. The Planning Director or the Planning Commission may require the installation of a solid fencc: or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use pursuant to Municipal Code Section 15- 19.020(f)(4). In 1991, the Planning Director's decision to require aneight-foot masonry sound wall at the subject commercial property was appealed to the City Council by the property owner. By adopting Resolution 91-03, the City Council upheld the decision of the Planning Director; however, the appellant has not constructed the sound wall to date. In 2001, the appellant requested the Planning Director reconsider the requirement. The Planning Director upheld Resolution 91-03 after determining that a sound wall is necessary to mitigate noise generated by the usage of power tools, bazking dogs, and commercial vehiculaz traffic at the rear of the site. As a result of this determination, the property owner has appealed the requirement to the City Council for a second time. An acoustical analysis of the noise generated by bazking dogs, was performed by Edward L. Pack Associates, Inc. on November 17, 2000. The purpose of the acoustical analysis was to determine the level of noise at the residential property line to the rear of the site generated by the; barking dogs. The noise levels were evaluated against the standards of the City of Saratoga Noise Ordinance. The result of the acoustical analysis revealed that noise levels generated by the barking dogs exceeds the limits of the noise ordinance. To achieve compliance with the City of Saratoga Noise Ordinance, the following noise mitigation measure was recommended: Construct an eight-foot high acoustically-effective barrier along the property line contiguous with the residences to the east. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The subject property will be in violation of the City of Saratoga Noise Ordinance. ALTERNATIVE ACTION: Not Applicable FOLLOW UP ACTION: Not Applicable ADVERTISING, NOTICING AND PUBLIC CONTACT: The public hearing has been advertised in the Saratoga News and notices were mailed to property owners and posted at the City Hall Kiosk at 13777 Fruitvale Avenue ATTACHMENTS: 1. Appeal Application 2. Acoustical Analysis, dated November 17, 2000 3. Resolution No. 91-03 4. Zoning and Vicinity Map THIS BOX ~'O BE COMPLETED BY THE CITY„~C ERI O DATE RECEIVED: ~ `.~ 1 ~ HEARING DATE• i 1 FEE: RECEIPT # CITY OF SARATOGA PLANNING COMMISSION- ;c~ `i i 2ob~ APPEAL APPLICATION This two-part application must be submitted to the City Clerk, 13777 Fruitvale Avenue, Saratoga CA 95070, by 5:00 p.m. within fifteen (15) calendar days of the date of the decision. Appellant Name: - `~f- Jc~y.'^. 0~: ~-cf' 1,.~ VV~:c~.~1 Q~.w~- Address: 2vS°9 I,Cov.n;~,c~ {Q.,[ ~~~~~ f~; Telephone #: `Iv~3 ~ 6S c~y6U yv~ Vzs~ 4':~~-, ~~ ~- S ~d"v`~~ Name of Applicant (If different than Appellant): Project file number and address: ~ Decision being appealed: ~ f''~~' ~-f U`^~°-~~""-C' ~'~ ~ Grounds for\e appeal ((letter maybe attached): 1n1 Appellant's Signature /U -I/- 0 1 Date (Please do not sign this application and the attached authorization until it is present at City offices) ~' ( \ EDWARD L. PACK ASSOCIATES, INC. 21 i7 NORTHAMPTON DR. SAN JOSE. CA 95124 \h-:.Iolm Oliver P.O. BoX 729 ~dendocino. CA 9460 Subject: Acoustical Analysis of Dog Barking I~toise, Good Neighbor Dog Training. 1220 Saratoga-Sunnyvale Road, Saratoga November 17.2000 Proiect I~'o. 22-133=_' Ref. (a): City of Saratoga Municipal Code, Ordinance No. 71.92, Article 7-30, Sections _ 7-30.010, 7-30.060, July, June 1991 Dear '~4r. Oliver: This report will provide you with the results of au acoustical analysis of dog barking noise at the Good NeighUor Dog Training facility at 12250 Saratoga-Sum~yvale Road in Sarato<<=a. The purpose of-this analysis was to detemtine the levels of noise at the residential property line to the rear of the site (east property line) generated by dog barkin_ for an evaluation against the standards of the City of Saratoga Noise Ordinance. Ref. (a). The results of the analysis reveal that the uoise levels generated by dog barking exceed the limits of the Noise Ordinance. Mitigation measures. therefore, will be required. Sections I and II of this report contains a summary of our findings and recommendations, respectively. Section III contains a description of the noise measurement methodologies. L .Summary of I'indinas Noise is measured using the decibel (dB) scale attd for environmental noise conditions, a frequency weighting network (A-weighting) is incorporated into the sound meters so that the meter "hears" noise the way a human would. Therefore, environmental TEL: 408-723-8900 FAX: 408-723-8099 noise is described using A-weighted decibels, notated as dBA. A1EP.iBER: ACOUSTICAL SOCIETY OF AMERICA AUDIO E GINEERING SOCIETY • ~. ~. _ 7 _ The noise levels presented herein were evaluated against the standazds of the Cit}' of Saratoga Noise Ordinance, which specifies a limit. of 6 dB above the ambient at the residential land use. Because ambient leeel fluctuate tliroushout the day and aii~ht. the \oise Ordinance specifes ambient levels for residential land use for the purpose of evaluation. The Noise Ordinance specifies ambient levels of. 60 d$A daytime (7:00 a.m. ~e-.~.-.1 .m.), 50 dBA evening (7:00 p.m. - 10:00 p.m.) and 4~ dBA nighttime (10:00 p.m. - 7:00 a.m.). Therefore, the noise levels limit applicable to this facility are 66 dB.A daytime, 56 dBA evening and ~ 1 dBA nighttime. As doss may bark during the nighttime hours, the more stringent nighttime limit is applied. The noise levels at the most impacted residential property line to the east of the facility were treasured to be 43-61 dBA. Thus, the noise levels are up to 10 dB in excess of the limit of the City of Saratoga Noise Ordinance. As the noise levels exceed the limits of the standards of the City of Saratoga . Noise Ordinance, mitigation measures are required. IT. Recommendations To achieve compliance with the City of Saratoga Noise Ordinance, the followinn noise mitigation measures are recommended: • Construct an S fr. high acoustically-effective barrier along the property line contiguous with the residences to the east. The barrier height is in reference to the nearest Good Neighbor Dog Trainins facility building pad elevation. 0 • r-. .-• - ,. -3- To achieve an acoustically-effective barrier, it must be made air-tight, Le., without cracks, gaps, or other openings and must provide for long-term durability. The barrier can be constructed of wood. concrete. stucco. masonry. or a combination thereof and must achieve a minimwn surface weight of 2.~ lbs. per sq. ft. If wood fencing is used. homoeeneous sheet materials are preferable to conventional wood fencing as the latter has a tendency to warp and form openings with age. However, high qualit}•, air-tight. tongue-and-groove, sltiplap, or board and batten construction can be used. provided the minimum surface weight requirement is met and the construction is air-tight. The noise control barrier must be constructed so that all joints. including connections with posts or pilasters are sealed air-tight and no openings are permitted between the upper barrier - components and the ground. III. Descriptions of the Noise ~4easurement Methodoloeies~ To determine the noise levels generated by dog barking, on-site noise level and frequency measurements were made on I~lovember 9, ?000 at the property line fence of the residences to the east. The measurements were made using aLarson-Davis S12 Precision Integrating Sound Level Meter for a period of approximately 30 minutes. Eleven individual series of do, barks were measured. A sinele series of dog barks is det7ned as one or more dogs barking at a time on one occasion. Varying series of dog barks ranged from 4 seconds to ~}~ seconds. The levels of doe barks ranged within each series and from series to series. Over the course of the 30 minute measurement period, dug barks ranged from 43 dBA to 61 dBA, with a significant portion of the dog barks over the i 1 dBA limit. -~J ~ _ ,-- -4- As shown above, dog bazking exceeds the 51 dBA limit of the Noise Ordinance. \4itieation measures are required to comply with the Noise Ordinance. This report presents the results of an acoustical analysis of dog bazkin~ noise at the Good Neighbor Dog Training facility at 1220 Sazatoga-Sunnyvale Road in SazatoQa. if you have any questions or would like an elaboration of this report, please call me. Sincerely, EDWARD L. PACK ASSOC., INC. J free K. ack • President JKP:j 1tE9oLOTiOl1 liO. s 91-03 ~ • RE8OLtTTIObT O! THE CITY COII1iCIL O! THE CITY O! 871R11TOdA IIPHO:,DI2td 71lT ADllINi8TR11TIVE DECZBION O! THE PL7INHINd DIRECTOR 12240 earatoga-Bunnyvai• IIoa4-John 11. olives wHERE7-e, the City Council recently adapted an ordinance (ordinance No 71.76) that rsquires owners of commercial property to construct sound barriers up to 8 feet in height when property lines adjoin residential uses and when, in the opinion oP the Planning Director or the Planning Commission such sound barriers are necessary to mitigate noise or other adverse impacts of the commercial activity upon the adjoining residential uses; and 1lHEREAB, subsequent to the effective date of the ordinance, fn response to complaints received regarding noise and other adverse impacts emanating from the commercial property located at 12240 Saratoga-Sunnyvale Road (^subject property^) the Planning Director did conduct an inspection of the subject property from residential properties at :2258 and 12270 Kirkdale; and NHEREl-s, as a result of such fnspection, the Planning Director concluded that the level of noise and other adverse impacts generated on the subject property Smpactefl adjoining residential properties in a manner sufficient to determine that the sound barrier up to 8 feet in height is necessary to construct along the property line abutting the residential uses in !^rder to mitigate the noise emanating from the commercial acti-~ity on the subject property; and NHEAEAB, the determination of the Planning Director was transmitted to the owner of the subject property via letter from the city attorney dated August 13, 1990; and NBEREA6, John W. Oliver, the owner of the subject property has appealed the decision of the Planning Director to the City Council; and IIHERE7U, on January 2, 1991, the City Council heard the appeal, at which time any person interested in the matter was given an opportunity to be heard; and lI8ER8A8, the City Council reviewed and considered the report of the Planning Direator relating to his administrative decision, and the written and oral evidence presented to the City Council in support of and in opposition to the appeal. . nsu«~oi n~ 1 _~ • )iOlf, '1'H!RlfOAf, be it resolved by the City Council of the city of Saratoga as follower 1. The appeal from the Planning Director is hereby denied ~ and the decision of the Planning Dfractor is affirmed, to wit: Noise Prom barking dogs and vehicles emanating from the subject property are at a level sufficient to support a determination that a sound barrier consisting o! a masonry wall 8 feet in height is necessary to be constructed along the entire length of the rear property lino, dividing the subject property from a residential district, in order to mitigate the aforementioned noise and other advareo impacts of tt:e commercial activities upon the adjoining residential) uses, including but not limited to: adverse visual impacts from the parking and loading of trucks and t:he outdoor storage of materials, and; odor impacts from fumes emanating from trucks and other vehicles parked on the subject property. 2. It is understood that the requirement to construct an 8 ~ foot high masonry wall is in addition to any other requirements which may be imposed upon the property owner in order to achieve a noise level in conformance with the existing noise standards as set forth in the Code Of The City Of Saratoga, including, but not limited to the complete enclosure of all outdoor kennels. AAA Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of January, 1991, iby the following vote: AYES: Councilmembers, Anderson, Clevenger, Kohler, and Mon:la NOES: Nona ABSENT: Mayor Stutzman AssTAIx: zone xayar A EST: City Clerk J ~` 2R\Ra\OL ivK 2 Zoning and Vicinity Map 12240-12250 Saratoga-Sunnyvale Road Kirkmnn4 rlrivn 'a O a a~ c ~o 0 m co C-V C-V R-1 R-1 R-1 R-1 R-1 ' R-1 R-1 Seagull Way ®Subject Property o Sound Wall Location Q C-V Commercial Visitor Zone District N R-1 Residential Zone District Memo To: Mayor and Councilmembers From: Cathleen Boyer, City Clerk Date: January 11, 2002 Re: AGENDA ITEM # 3 -12250 Saratoga-Sunnyvale Road The attached correspondences were delivered to the City Clerk's Office after the staff report was already completed. . ~...,, ~....J 01/09/02 18: a2 '!~' BERLINER CO$EN ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATION$ TEN ALMAI)ENBOULEVARD FSEVENTH FLOOR SAN JOSE, CALIFORNIA 95113.2233 TELEPHONE: (408)286-5800 FACSIMILE: (408) 998-5388 Facsimile Covear Sheet Date: January 9, 2002 CONFIDENTIALITY NOTE h ~ 001/013 ~~ rr JAN 002 i'... ~ ~~1 ~~~~~Vt~ ~ . ~i.,l ~I(~~ V.p..~Grc.rv. Lc.~ ~`~1:~/..Y„ Time: The iltfottmtion contained in this fatshrole (fax) nessage is tegruy privileged and con9detltial infotnntion intatded Doty for the tlse of the nseivc or fmn tuned below. Tf Oe nctda of this I~E'f is not the intended receives, you arc hereby noti0ed that any d's-^~~~, distribution ar copy of this fax i5 stric8y Ptoh'bited. -If you have mewed this fax in amt. Pledge imnediatcly nrnity the sends it the lelephene manba provided above and talon the odginal message to the sender at the address above via the United Stag Pasrti Setvict- Thank you. Sender: Jolie Houston File #: Re: Request for Reconsideration - CITY COUNCIL AGENDA ITEM Pages: (Including Cover Sheet) ^ Receiver: City Clerk (Please distribute to Mayor, Councili City Attorney Richard Taylor, and Community Development Thomas Sullivan) Firm: .City of Saratoga Facsimile #: (408) 867-8559 Office #: (408) Hard Copy Sent Via U.S. Mail: Yes X No MESSAGE: Please distribute the attached and place in the City " Council agenda packet for the January 16 meeting. If all pages are not received, or if copies are illegible, contact the Copy Center at the following direct dial number (408) 28b-5800 Ext. 8042; or if busy, contact Sender's Secretary, Carol Millwood, at Ext.2423. uNLS~seao.t _t_ OtA103D6342002 01/09/02 18: a2 '$ SANFDimAEEIS7lE'R' FRNRRU& u NIDREW LFABER LMGAACKLON W4WYJ. GDD~F3' JAIFS P. CA99NN ROBHZTW. HUlBfiREYG ST•=Y@1 J. CASAD Ra/.PH J.SWAN°AN NANCYJ.JOl4!$ON PEGC1,'L $PRNGGAY JERgDARERON JOSFRfEDWOiLUC ftlIBFRTLC1gRiDt SPA4A3LFAR6 JONATHAN0.WOlF ALAN J. PUBlB2 -KATHLEEN KSI%.E KEVIN f.1H1.EY 'A P.dessaal Ca{~Cai Rt~>~ SANJELJ. CDFESI B.nc-OSn-~` CA r~lroz/ola BERLINER COHEN AT70RNEYS AT LAW A PARTNERSHIP INCLUDING wLLW.I E.ADANS MARRYA LDPFL NARK eRnwEV+ICZ JOHN F.OONWGUE PROFESSIONAL CORPORA710N5 PAULA PEL09 $EfN1CONEN . ~THONA4 P. IAlR/PHY 01RL4TINEH. LOIIG TENAIM.4DENBOULEVARD TFfOLNSN.GROSS PATRICICUN NADI\V.NOLOBER IOUSTIN GBIC ELEVENTriFLOOR Naav.ISOIA aaRNw+O.cax~ ' BRNN L.SNERQt DAVID0. WADE SANJOSb,CAL1F'ORNL49i113-2233 JouEHOUSTDN BRMNKKFJ3EY ~ TELEPHONE: (488) 2BG-$HBO 71 P. KENNEDY oLP FACSIlNILE:(d08)998-5388 ~~0~ oPCairue. www.beTliaeC COIII HUGH L RiOLA• GfEVElLL FIALIC'~RIMSON ERIC WON6 NANCY L EPANOT awaESw.vaPE PETALEwLSNW.ISEY JatnLary 9, 2002 Mayor Streit and Members ofthe Saratoga City Council City of Saratoga I3 777 FnutvaIe Ave. Saratoga, CA 95070 Re: Request for Reconsideration of Resolution 91-03 Property 7.ocated at 12250 Saratoga/Sunnyvaie Rd., Saratoga, California Deartilayor Streit and Members ofthe City Council: We represent Dr. and Mrs. John Oliver, the property owners of the property located at 12250 Saraioga/Sunnyvale Rd., Saratoga, California (the "Ptnpert}~'j. This letter is submitted on their behalf concerning a request for reconsideration of City of Saratoga Resolution No. 91-03 (the "Resoltrtion'~. We maintaaxt that the Resolution, as written, i5 unenforceable due to changed circumstances at the Property and if strictly enforced would constitute an arbitrary and capricious act by the City. The evidence that the City based its notice of violation and its determination that noise miti~rion was necessary is no longer present to support enforcement of this Resolution. Furthermore, due to the changes in the land uses associated with the Property, we maintain that this Resolution is no longer necessary to mitigate the noise impacts that existed ten years ago. According to Staff; since I9911here have been 3 complaints concerning the Property. They were on March 2000, December 1997 and November 1994, and these complains were not related to ketutel or dog noise. Therefore, as the Property currently exists, the City does not have evidence to mandate a noise barrier at the level of mitigation, a masonry wall, which was ordered by the Resolution. In 1991, and in response to complaints received regarding noise and other adverse impacts at the Property, the Planning Director conducted an inspection. As a result of that inspection, the Planning Director concluded that the level of noise and other adverse impacts ar-0iGSOS3asooz 01/09/02 16:32 '~' Mayor Streit and Members of the Saratoga City Council January 9, 2002 generated on the Property impacted the residential neighbor in a mariner sufficient to detettnine that a sound barrier up to 8 feet in height was necessary to be constructed along the property line in order to mitigate the noise emanating from the Property. The Planning birector's decision was appealed to the City Council on January 2,1991. The City Council denied the appeal. The City Council's resolution stated: Noise from barking dogs and vehicles emanating from the subject property are at a level sufficient to support a detemrination that a sound barrier consisting of a masonry wall 8 feet in height is necessary to be constructed along the entire length of the rear property line, dividing the subject property from a residential district, in order to mitigate the aforementioned noise and other adverse impacts of the commercial activities upon the adjoining residential uses, including but not limited to: adverse visual impacts from the parking and loading of trucks and the outdoor storage of materials, and; odor impacts from fumes emanating from trucks and other vehicles parked on the subject property. The Resolution was based on Ordinance No. 71.76, which amended Saratoga City Code section IS-I9.020(f) concerning screening, landscaping and fencing. That section requires owners of commercial properties to construct sound barriers ug to 8 feet in height when property Imes adjoin residential uses and when, in the opinion of the Planning Director or the Planntng Commission, such sound barriers are necessary to mitigate noise or other adverse impacts of the commercial activity upon the adjoining residential uses. "1'he requirement of a masonry wall is not necessary to mitigate the existing noise at the Property due to the change circumstances. The changed circumstances regarding this Property include that the impacts from parking and loading of trucks, the outdoor storage of materials, and odor impacts from fumes emanating from trucks and other vehicles gazked on the Property. These impacts are no longer an issue_ It is our understanding that a trash enclosure was constructed at the rear of the site. It is also our understanding that the poking problems and noise from trucks are no longer issues because the tenanf who created these impacts is no longer at the site. Furthermore, the main complaint concerning the Property came from a pet clinic and boarding facility which was surrounded by dog tuns. This facility was operated by a veterinarian and had a total occupancy level of approximately 73 animals. The veterinarian vacated the premises in March 1996. in January 1999 the facility was leased to Mrs. Ann Peters of Good Neighbor Dags. Mrs. Peters has pursued a "neighbor friendly" policy regazding how she maintains her facility, which includes a sensitivity to the placement of the dogs in the runs and the selection of dogs she. will accept as boarders. It is our understanding that the dogs are selected and placed in the tuns between 6:30 and 7:00 a.m. on a rotating basis.. After approximately 15 mututes they are moved back inside for feeding. At 8:30 am. (10:00 am. on Sundays) tltey are rotated unti15:30 p.m. Between 8:30 p.m. (and occasionally up to 10:00 p.m.) the dogs are selected and closely monitored to be allowed outside for brief periods of time. Mrs. Peters is very aware of the City dB levels between 7:00 p.m. and 10:00 p.m. and 10:00 p.m. to 7:00 a.m. and conducts her I~oo3loin ~J u~ss9o.t -2- ot-0toeos3a2oo2 • • 01/09/02 16:33 $ Mayor Streit and Members of the Saratoga City Council January 9, 2002 ~ooa/ol3 business accordingly. The total number of dogs at the Property has been reduced from a maximum of 73 animals to a maximum o£ 30. En addition, most of the dogs aze inside all of the time, or for shoe periods of time aze outside only to relieve themselves is a quiet and secluded gravel area Additionally, many of the outside nm walls have been demolished, creating a smaller number of larger tuns. These larger run areas are used for puppy training sessions which are very quiet and strictly controlled. These runs have also been provided with eovezs and modified to reduce the noise significantly. The January 2, 1991, Material Requirements for anAcoustically-Effective Barrier at the Saratoga Pet Clinic, written by Jeffrey K. Pack of Edward L. Pack Associates, Inc., states that it is possrble to construct a noise barrier out of wood, stucco, tttasonry, concrete, earth berm or a combination these materials. Mr. Pack noted that of the various materials listed, no patticuiar one will work better than any other as long as the construction is airtight and the minimum surface weight requirement is met. Mr. Pack submitted a detail of a wood fence that would be suitable to be considered a noise barrier. Ia Mr. Pack's February 4, 1991, letter, Mr. Pack reviewed the current nighttime noise and recommended an eight-foot noise control barrier. He reiterated that the type of material used in a noise barrier really does not matter as .long as the three basic criteria aze met: (1)air-tightness of construction; (2) height; and (3) weight of the material. Over the last several months, Dr. Oliver's son, Michael Oliver, attempted to negotiates . wood fence that would not only comply with the noise mitigation measures contained in the City's Ordinance, but would also would match the fence that presently exists, which continues far approximately 40 feet between Dr: Oliver's property and Mr. Mallory's. however, Mr. Mallory has rejected the idea of continuing the wood fence and has requested a redwood fence that would extend 105 feet, the entire length ofhis property. (Dr. Oliver's property Iine is only 50 feat.} Mr. MaIIory has also requested that this fence be constructed out of "heart redwoaL° This fence is estimated to be approximately $155 per lineal foot, which we believe is excessive in cost and it is uncertain that it will meet the noise mitigation requirements. Farther, a-e do not believe that there is any nexus for requiring the entire l0i feet of fence to be installed. We respectfiilly request that the City Council review Resolution No, 91-03 and allow Dr. Oliver to install the proposed wood noise barrier that will not only comply with the noise mitigation measures, but will be visually compatible with the 40 feet of fence that is existing at the Properly line. Sincerely yours, BERLINER COHEN ST N li-Mail: jhQberliner.com UFt539690.7 ota~oeossazooz -3- 01/09/02 16:34 _. '25' ____ f~1j005/013 Mayor Streit and Members of the Saratoga City Council January 9, 3002 • JIi:wp cc: Dr. and Mrs. 3oha Oliver Michael Oliver, Esq. Richard Taylor, City Attorney Thomas Sullivan, Community Development Director urits3swo.~ .~ ai-0ioaos3azoo2 •~ 01/09/02 18: a4 1 i '~ EDWARD L. PACKASSOC/ATES, /NC. 2777 7~tORTF'AMPTON OR_ SAN JOSE. CA 85124 i4L. John Oliver RO.~Box 724 Mendocino, CA 95460 ~jooeiois TEl_' 408•Tp~8980 FAX;408.72SdO8p Aecember Z0, 2001 Project No. 22-133-3 Subjert Dog Barking Noise Level Measurements, Good Neighbor Dog Training, 1?250 Saratoga-Suanyva[e Road,Satgtoga Re£ ,a}: City of Saratoga Mwucipal Code, Ordinance No. 7I.92, Article 7-30, Sections 7-?0.040, 7-30.050, July, June 1991 Rear 41r. OIiver iris zr}ron ~c11i pmvide you with the results of noise levek measurements of dog barking at tae Csood Neighbor Dog Training facility at 12230 Saratoga-Sunnyvsle Road in . Saratoga. Tae'ptupose of these measuuements was to supplement the earlier studies as those srtdies ffid not n¢clude noise measured in tht evening or tugattiate periods. The prvious stttdy assumai that the dog bark anise IeveLs would be consistetrt from daytime to niglt2'ume. Fros our corrversations, yon have asserted that the dog barks during U1e rigitttime aze much less noisy and bazely audible at the resideatial property line Therefotr, you regttested twat evening and nighttite noise measurements of dog barking to oerFomd. s::e -rsit was aaade on \*ovember 30, 2000 at approximateky 9:40 p.m. (evening). No bar3dng occurr~k untik a few minutes past 14:00 p.m. (nighttime), thus, evening mcasuremenu could not be tnrde. Doe barks occunted on three occasions from 10:00 p.m. to agpmximateIy 10:30 p.m.. MEhIaER: ACOU577C:.I.SOCIETI'OF PAIE~IGA 4UDI0 ENGINEERING SOCIETY 01/09/02 _ 16Y 34 ~ .......,..o ,i„~ , ,.,,., n rrw.~ ~2- ~loo~/ola r r.~+o uo/o.a 'l}ie dog lark noise Ievels were retarded at 57 dBA, 60 dl3A and 58 dBA measured at the residentizl property liar (oa the kennel side) to the east.. The aloastueaknts were mach using a Larson Davis 2900 Real Tune Analyzer. The analyzer conforms to ANS[ S1.4 for Type 1 instrnmems and was calibrated be:Fon and after the tests to assure aceiuacy. It is evidcat that dog barks can reach 60 dBA daring the nighttime period. 'T'hus, the dog bark noise level may be up to 9 dB in excess of ffie SI dBA nighttime limit of the City of Saratoga IQaise Qrdiuante. Keeg is mmd that the tghttime limit of S l dBA is adjusted up from the uormat 45 d8A limit duc to the high ambient wtldition ct+eated by Saratoga. . Swmy~ale Road tt~c, as described is the previous reports. We recommend as 8 £t. high property line noise control barber along the east property lint aS ptevivasIy recommended. The designs amd specifications of the barrier have been prov:dcd is earlier reports. If you have nay questions, please call me. Sincerely, EDGVARD L. PACKASSOC., INC. effitiv K Pack President JKP:j / i ovoaioz is: as ~ Cd oosiois • ~ .~ EDWARD L. PACK ASSOCIATES, INC. -~~• ~! -- 7p3~ E. DUANE AVENUE SURE F ACOILSItCQI COIfS7tI(pR(S 7E1: dOB•73P:i571 SUNNNAL( CA BdOB6 FA%: ~0&73W~)7p2 January 2, 1991 Proiect No. 22-133-1 Mr. Bob Bloomfield Bloomfield Custom Masonry 4059 Hastings Avenue San Jose, CA 9511s Subject: Material Requirements For an Acoustically- - Effective sarrier at the Property Line of the Saratoga Pet clinic, Saratoga-Sunnyvale Road, Saratoga .r Dear Mr. Bloomfield: • This letter will provide you with the material requirements to achieve an acoustically-effective property line barrier at the Saratoga Pet Clinic on Saratoga-Sunnyvale Road in Sunnyvale. Although a quantitative analysis of truck noise at Mz. John Oliver's property has not been performed, the city of Saratoga has required an 8 ft_ high masonry wall to be constructed along the commercial/residential property line. Three basic parameters comprise the attributes of a noise control barrier. These are 1) height, 2) air-tight construction and 3) weight of the barrier material. P.n acoustically-effective barrier must be air-tight, i.e., no holes, cracks or gaps as the smallest air leak will allow sound to travel right through. The height of the barrier provides the desired amount of noise reduction and the weight requirement of the material is mostly for structural integrity, however, more massive barriers ar used when low frequency sound (less than 2oU Hz) is intrusive. n•pr.•a.e eC.;p+ra: ~C+r o'Ar~rnr< n;4n, F.r~+eeCaruG RO:~t r 01/09/02 18:35 '$ I"~009/013 v - 2 - Gasoline and small diesel powered trucks produce noise from I00 to 10,000 Hz, however, the major noise components are in the 250 and 500 Hz octave bands. Therefore, an 8 ft. high noise barrier designed to attenuate small truck noise must have a minimum surface weight of 3.0 lbs./sq. ft. Railzoad noise barriers require 4.5-5.0 lbs./sq. ft, surface weight as rail traffic produces low frequency noise and vibration. A noise barrier can be constructed of wood, stucco, masonry, concrete, eazth berm or a combination thereof. 1/4" thick Texan, plexiglass or safety glass can also be used as this meets the minimum surface weight requirement.. ' ., of the various materials lasted above, no particular one will work better than any other as long as the construction is air-tight and the minimum surface weight requirement is met. If wood fencing is used, homogeneous sheet materials are preferable over conventional wood fencing as the latter has al tendency to warp and form openings with age. However, air-tight tongue-and-grove, board-and-batten or shiplap can b used. All connections with post and plasters must be sealed air-tight and no openings are pezmitted between the upper barrier components and the ground. As a noise analysis for the noise barrier required by the City was not performed, the amount of noise reduction provided by the barrier cannot be determined. 2 would like to remind you that without a study to calculate the height of a barrier that may be necessary to achieve the City's goals, it is possible that an 8 ft. high barrier may r oiioaioz is:as ~ ~ oioioia - 3 - ,/~ not suffice. It is also very possible that it may be overkill. Do not guarantee any performance.characteristics other than that a new fence will perform better, acoustically, than the existing fence. If you have any question, or would like additional information, please call me. Sincerely, EDWARD L. PACK ASSOCIATES, INC. f~.Y K. ac President TxP:dn cc: Mr. John Oliver 01/09/02 16:35 $~ f~011/013 L R x (o t~b2D ~ 6~•'I`~~~ [ortE otZ go~ g~vrr.6~ - x 4 f'~'....: _ .. ... _ _ ~o sanm a~r-kr ~ . :: :... , .. ..:.:. ETWlirf~'L:.P.'AC.K 'l{i?eA.~y:ridc; _ . ...i L .:..yy...'.i.l.. --~ v . ... ... 01/09/02 18:35 $ EDWARD L. PACK ASSOCIATES, INC. I~ 012/013 t030 E OUANE AVENUE, SUITE F SUNNriALE, CA 44686 Acousrrca! Co7j,571/raxts TEL• SOB-736;i57a FAX 466736+7702 February 4, 1991 Project No. 22-133-2' Mr. John Oliver P.O. Box 729 Mendocino, CA 95460 subject: wood Sound Fence Detail Dear Mr. Oliver: Please find enclosed a detail of a wood fence suitable t be considered a sound wall. As stated in our letter to Mr_ Bab. Bloomfield of $loomfield Custom Masonry, the type of material used in a noise barrier really does not matte ai- long as the three basic criteria are met: i) Air_-tightness of construction 2) Height 3) weight of the material P_ir-tight construction is most critical. If you have any. questions, please call me. Sincerely, EDWARD L. PACK ASSOCXATES, INC. JKP:dn MEMBER: ACOUSTICAL SOC4T'OF M4ERiCA ~~r . J K. ack re dent AL10q ENG.4EEgMOSCCIEi~' 01/09/02 18:58 ~' ~ 013/013 .. %z P4~(N/ov~ I x (o ~bi2p ~ 6~T1'E~ (or1E o~2 ~1 6~vE4~ . ~ sar~aa aerki ~ . . .. .... ... .... .......... `~`i.~.,1..--.r..._.... rryuc Gl ~~ Subj: Application of John Oliver, DVM to rescind Resolution '.-1- t 03 Date: Wednesday, January 9, 2002 5:01:50 PM To: Cityhall@5aratoga.Ca.US fz,,.r ~ ~-¢ ~ ~ ~ ~'a City M 3ae~toga n~ JAN 1 0 2D02 1, ~ c : e~r~w~~- City Council v ~~ ~~ With respect to the above noted request for recision we wish to go on record as being opposed to the recision. When 91-03 was adopted, i spoke before the then Council as being against Mr. Oliver's "Appeal of an administrative decision to require sound mitigation". As 1 wilt not be availat~le on January 16th I thought it best to document in writing our opposition to leis latest appeal. For the record our property is located at 12270 Kirkdale Dr and is immediately adjacent to that of MIM Mallory. We have been residents here for over 35 years and have a familiarity with some of the problems that can . and often do exist as between neighboring residential and commercial properties as our home too backs up on commercial property. In the case of Mr. Oliver over the years we have observed a number of pollutions emanating from his property in the form of noise, fumes and visual to name a few. Currently, the noise from barking dogs is less than it was a few years back but the noise, fumes and visual problems associated with the trucks of his tenants parked virtually on the property line are no less today than they were 7 0 years ago. In fact ,they are worse in that many of the Mr. Oliver's mature pine trees adjacent to the fence between his property and that of MIM Mallory have died and have not been replaced. Thus, the mitigation is gone that these trees may have offerred with regard to privacy, unsightliness of the trucks and their exhaust fumes and even as a butress against the potential accidental incursion into the Mallorys' backyard by an errant vehicle. At a minimum Mr. Oliver should continue to be required to construct the heretofore approved 8 foot masonry wall as between the two properties and • 7/9/02 America Online : Bettybil162 Page 1 rra~t 02 .. ~3 additionally should also be required to restore the landscaping to help buffer the sound ,mask the vehicles and any other unsightedly conditions and filter the fumes. Ten years ago when 1 spoke before the Council, in addition to voicing my opposition to the then "Appeal", I also pointed out the how well the 2-story condo office project behind my property had turned out. I pointed out that there was a lot of co-operation between the City Planning Department, the developers and the adjacent homeowners (primarily the Benevento family). We discussed our concerns and essentially arrived at a "model" development that has worked out well over the years with few complaints. Among the residential concerns addressed and incorporated into the final project were the following: 1. An $ foot masonry tence to mitigate sound, safety, light and privacy concerns; 2. Low level, low intensity parking lot lighting to mitigate light pollution concerns; 3.A 20 foot heavily landscaped buffer between the parking lot and the masonry wall for not only sound and air pollution mitigation but also to "hide" the commercial building from the residential properties; 4. No windows on the back of the building so as to mitigate both privacy as well as light pollution issues; 5. Constructing the building as far forward on the property as practical so as to make it less visible to the residential properties to its rear. A number of other concern were successfully addressed in a spirit of cooperation which seems to be somewhat lacking in the current situation. It's difficult to understand how 10 years could have slipped by without Mr. Oliver's compliance with the City's directive. Sincerely, r~ 7/9/02 America Online : Bettybill62 Page 2 rH~t a3 _.' e L -r Willi m R. an etty J. Benevento 12270 Kirkdale Dr. Saratoga, Ca 95070 7 /9/02 America Oniine : Bettybill62 Page 3 JRN 10 2002 11:47RM SPETRUM RSTRO INC Saratoga City Council, Dear Members of the Council, 4805074675 January 10, 2002 I am temporarily living in Phoenix Arizona and own at house at 12236 Kirkdale Drive and plan to return to my home in Saratoga. I have received a copy of a notice of public hearing concerning the application of John Oliver to rescind the City of Saratoga Resolution Number 91-03 requiring the construction of an 8-foot masonry wall along the rear line of his property. I am opposed to the rescinding of the resolution. I feel the reasons that supported this resolution largely remain. My tenant hears loud noises in the morning from the commercial trucks starting and warming up each morning lasting for a half hour or more. He also hears breaking glass and noises of metal being stored behind the fence. This is also what I heard before i move to Phoenix. I could also hear intercom sounds all day from the establishment behind me. Often I would find trash from the businesses that would be wind swept over the fences. Also it is unpleasant to look out into the back yard and see a barbed wire chain link fence sticking up higher than my own wood fence. We are not opposed to the commercial business but we feel the city should require Dr. John Oliver to install a proper buffer between his business and our homes. An 8-toot masonry fence is needed. Please have him comply with the city council's decision and not continue to avoid his responsibilities. Sincerely yours, Yvonne Lazear 743 E Windmere Dr Phoenix, AZ 85048 p.l • LJ John ~. "Jack" !t~fattory 12358I4irkc3ale Drive, Saratoga, CA 9507ti 408.252 7447 Mallory5~,aol.com; Fay 4.08 252 &599 June 22,?001 .Dear Mr. Sullivan, Welcome again to Saratoga. We are pleased you have accepted a position with our city and hope you will build a strong stable staff to carry out your duties. It has been disappointing in the past to see the turnover with the Toss of corporate memory on issues within the city and we hope you will stay with us. The issue with Mr. Oliver has been dragging on for several yeazs. We have found him to be a poor neighbor. Perhaps, because he moved away many years ago, he seems to have little. concern for maintaining a,good relatinnsh.ip. with the -neighbors to the rear of his property. We thought we had reached a solution to our problems in .199(1 when the-city council through Resolution 91=03 directed Mr. Oliver to build aneight-foot masonry fence botwccn our propcrtios. Consistent with his mannerof handling things, he did not follow tTrrough and has dragged things out. Last year with the sudden Ions of much of his landscaping trees between our properties and the deterioration of our red wood fence between our properties as well as continuing of the conditions that caused the city to require the building of a masonry fence, we ask the city to require Mr. Oliver to finally build the Masonry wall they had authorized. Specifically; l.Although-the dvg noises have been reduced, they remain.aprvblem. 3ust this past Sunday while working in my backyard we could hear the dogs barking. 2. Vehicles from Tom's Plumbing continue to be loud when starting up early in the morning and trucks are parked directly behind the rear fence. 'T'here are gasoline odors and from time to time unloading and loading directly behind the fence, as well s the breaking of glass, etc. 3. Adverse. visual. impacts have increased from our property with the loss. of the large lvlonterey pines that have screened our property from his eommeroial prnpetty and the..tenant trucks. Mr. Oliver had.done .nothing.to snainfain the landscaping trees-aside from. cutting.ihe.branches when they interfered with the parking of his tenant's trucks. 4. Security remains a problem afi the rear of his property. Any oneaan drive to the rear of his property and park without being observed. At one time the police arrested a rapist living in a truck in this area. S. There is also a fire hazard from time to time behind his fence. There are piles of pine needles,. tree trunks and other debris piled up against the • fence for long periods. In summary, therE remain continued problems avith tn~ek noise, security, and increased adverse visual impact due to the loss of the pine trees, with somewhat Tess noise from the-dogs. ~%e are not asking chat Nlr. Oliver curgai his ienanis business, just that he mitigate the adverse impact of the commercial property as the city had advised him several years ago. Our concerns are consistent with the city ordinances. We do ask that the city council resolution be implemented with aneight-foot masonry .fence similar.to.that raquired.and erected.behind my neighbor, Bi1LBenevento at .12270 KirkdaleDrive..P.lease call.if youwish to visit the groperty.again. ~~ hn and Sue Maltory n LJ SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 AGENDA ITEM: L' _ ORIGINATING DEPT: City Manager CITY MANAGER: O^~~_ PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: _ SUBJECT: Claim of Patrick Leung; Claim No. GL-0053005 RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On April 10, 2001, former Assistant Planner Kim Duncan approved the submittal of a single story, 3,361 squaze foot dwelling to be submitted for building permits without being subjected to Administrative Design Review. The existing dwelling is 2.980 square feet on a 13,873 squaz~s foot lot at 19621 Scotland Drive. Municipal Code Section I5-45.065 requires that the proposed project needed Administrative Design Review. It was the former Staff's interpretation that if a replacement house was less than 50% greater in size than the original dwe:ling that it was exempt from Design Review. That is clearly not the case and is not how the Department is currently operating. It came to my attention that this project and about a dozen others of similar character had been sent straight to the Building Department for permits. As I found these projects, I pulled them out of the Building Department and processed them as Administrative Design Reviews, includin€; noticing the neighbors. Often this notice would result. in some concern over the design features. When this occurred, I facilitated a meeting between the applicant, the designer and the concerned neighbors. This is what occurred with Mr. Leung's project. A meeting was held, very minor adjustments to the proposed dwelling were agreed to and these changes were memorialized via letters to all interested parties. The $680 of increased cost are charges his azchitect is chazginl; him, it is not City Fees. On August 20, 2001 the claimant presented a claim for damages regazding the property located at 19621 Scotland Drive. The claimant asserts that the City revoked its prior approval of construction plans for a single story residence at 19621 Scotland Drive. The claimant reports that: the City representatives had passed the plans along to the Building Department after indicating that a planning review was not necessary. In July 2001 the City reversed this decision and required the claimant to submit his plans for review. As a result of demands made by one: neighbor, during the review process, the claimant asserts he incurred additional planning and copy charges totaling $680.00 and is claiming damages in that amount. i The City's claims examiner reviewed all documents provided by the claimant and City staff, and recommends that the City Council reject the claim. FISCAL Il14PACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim by paying damages. FOLLOW UP ACTIONS Process rejection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Supplemental Claims Report from ABAG o ,.fo SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: ~'°'~-~- DEPT HEAD: P}:.~G~l/-'"L SUBJECT: Congress Springs Pazk -Approval of User Agreements and Discussion of User Fees RECOMMENDED ACTION(S): 1. Discuss a use fee for Congress Pazk. 2. Approve Congress Springs Pazk User Agreement with Saratoga Little League and authorize City Manager to execute the same. 3. Approve Congress Springs Park User Agreement with Saratoga Pony League and i authorize City Manager to execute the same. 4. Waive payment of User Fees for Sazatoga Little League and Saratoga Pony League for three years in consideration of donations made to the Saratoga Youth Sports Fund. REPORT SUMMARY: User Fee Currently organized youth sports groups pay a lump sum User Fee of $1,500 a year for the use of Congress Springs Park. The proposal before the Council is to separate. the User Fee charged to organized sport groups into two separate fees, a maintenance fee and a use fee. Representatives from American Youth Soccer Organization (AYSO), Saratoga Little League, and Sazatoga Pony League participated in two public meetings with the Pazks and Recreation Commission to discuss the amount of the User Fee. Presently there is agreement among the sport user groups, the Pazks and Recreation Commission, and staff on the respective dollar amounts for the maintenance fee. .However, there is still disagreement on the dollar amount of the use fee. The maintenance fee is based on the additional pazk maintenance that will be needed to keep Congress Springs Pazk well maintained given the very high annual use it receives, and will be reviewed on an annual basis. AYSO and Saratoga Little League each have different needs and place different demands on the park's infrastructure, thus they have different maintenance fees (see attached Maintenance Exhibits). The maintenance fee for AYSO and Saratoga Little league are $12,306 and $8,211, respectively. The maintenance fee for Saratoga Pony League is included; in Saratoga Little Leagues'; therefore this group would pay only a use fee if one were adopted. The Saratoga Pazks and Recreation Commission recommends a use fee for the use of Congress; Springs Pazk in the amount of $15 per person (resident) and $25 per person (nonresident). Their:' recommendation is based in part on User Fees currently adopted in other cities. Representatives. . of the Parks and Recreation Commission will be presenting additional supporting details of their; recommendation at the City Council Meeting. Based on last seasons' reported numbers of players in each youth sports group, the cost of the use fee would be as follows: AYSO: 1000 players @ $15 = $15,000 Saratoga Little League: 450 players @ $15 = $6,750 Sarato a Pony League: 50 players @ $15 = $750 Saratoga Little League has indicated they could support a maximum use fee of $10 per person,i while AYSO has yet to specify a dollar amount of the use fee, if any, they could support. Staff has identified the following options, which are available to the City Council in regard to the': use and maintenance fees: 1. The City Council could waive payment of both fees for Saratoga Little League and Saratoga! Pony League for a period of three years in consideration of their donations to the Sazatoga Youth Sport Fund. Currently Sazatoga Little League has donated $156,700 (includes $90,000 loan) and Sazatoga Pony League has donated $60,000. Both baseball leagues support a 3 yeaz fee waiver'i teen. 2. Since Parks and Recreation Commission will be working on a comprehensive examination of all Park and Recreation fees in conjunction with the F.Y. 2002/03 budget, the City Council could revisit the use fee at that time. 3. Develop a sinking fund for each sports group based on the amount each group donated to the'' Saratoga Youth Sports Fund. The sinking fund would then be withdrawn annually against the'i amount of fees charged User Agreements Please find attached two user agreements between the City, Saratoga Little League and Sazatoga ~~I Pony League, respectively. These agreements, once executed, will give these two groups the rights to use of Congress Springs Pazk, per the stipulations of their agreements, during the time frame of their respective "seasons". The agreements spell out the maintenance responsibility of '; the each parry as well restrictions on the use of the park. 2of3 The Parks and Recreation Commission and the City Attorney have reviewed and approved the agreements. Because AYSO has requested additional time to review their user agreement, it will be placed on a future City Council agenda for approval. FISCAL IMPACTS: Depends on the City Council's actions. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The agreements would not be approved and the Saratoga Little League and Sazatoga Pony League would not have dedicated use of Congress Springs Pazk. ALTERNATIVE ACTION(S): 1. Defer the payment of User Fees, maintenance fees and use fees, for a period other then the recommended 3 years. FOLLOW UP ACTION(S): The contracts will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Maintenance Exhibits. 2. User Agreements. ~~ 3 of 3 Y "Exhibit A" Additional City Maintenance Tasks -Saratoga Little League Baseball TASK: HOURS: Pre-Season • Replace clay infield area 16 hours • Field conversion of fields 32 hours • Replace clay in batter box and pitcher mounds 16 hours • Scarify, roll, clean-up fields 2 hours • Set up outfield fencing 64 hours REGULAR SEASON (Approximately 10 weeks) • Roll infield (3 times) 6 hours • Mow (2 times weekly) 40 hours • Fertilize (2 times) 2 hours • Slit Aerate (3 times) 3 hours • Clean cinder clay (weekly) 10 hours • Misc. (ie-push clay back in batter box, clean dugouts, 20 hours • push clay back on pitcher's mound) (weekly) Field Prep (Drag fields, line infields) (weekly) 40 hours • Dethatch (2 times) 8 hours END OF SEASON • Field Conversion (2 people, 2 days) 32 hours TOTAL HOURS: 291 @ $21.00/HR: $6,111.00 MATERIALS: • Cinder Clay $1,100.00 • Clay $ 500.00 • Resod Fields (contract out) $ 500.00 , TOTAL MATERIALS: $2,100.00 TOTAL ADDITIONAL MAINTENANCE COST: $8,211.00 "Exhibit A" Additional City Maintenance Tasks - AYSO Region 27 Soccer TASK: FIELD SET-UP • Set Up • Fertilize • Thatch Field (debris box) • Aerate Field & Plug Pick-Up • Fertilize • Roll Field HOURS: 16 hours 1 hour 16 hours 16 hours 1 hour 4 hours REGULAR SEASON (Approximately 10 Weeks) • Slit Aerate (3 times) • Mow (2 times per week) • Overseed field (1 time) • Dethatch (2 times) POST SEASON • Cut worn out turf areas • Square-up area (goal out) • Core areate & top dress • Roll Field TOTAL HOURS: MATERIALS: • Resod Area (assume 10,000 sf @ $0.75 sf) • Top Soil • Fertilizer 3 hours 40 hours 4 hours 8 hours 32 hours 16 hours 25 hours 4 hours 186 $3.906.00 $7,500.00 $ 500.00 $ 400.00 TOTAL MATERIALS: $8,400.00 TOTAL ADDITIONAL MAINTENANCE COST: $12,306.00 AGREEMENT CONCERNING Little League • USE OF CONGRESS SPRINGS PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ("Cit}~'), and SARATOGA LITTLE LEAGUE BASEBALL, INC. ("Little League "), is made with reference to the following facts: A. City is owner of a public pazk, located on Glen Brae Drive, known as Congress Springs Pazk ("the Park"), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League has regularly utilized the Park for the conduct of games and practices during its season and desires to continue such use. C. Little League and American Youth Soccer Organization-Region 27 ("AYSO"), jointly own equipment installed within the snack shack. D. City and Little League desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term and Times of Use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2002. During the term of this Agreement Little League shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of January through June ("Baseball Season"). Each year, Little League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least.thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. , 2. Responsibilities of City. City shall be responsible for the following: (a) Turf field set up and maintenance as follows: i. Fertilization; ii. True-up infield edges; • iii. Replace Cinder Clay infield areas; Page 1 of 9 . iv. Replace clay in batters box and on pitchers mound; v. Scarify, roll, clean-up all turf fields; vi. Roll infields; vii. Slice and thatch turf fields; viii. Broadleaf weed control; ix. Weed azound perimeter and outfield fencing ; x. Clean cinder clay off turf field edges; xi. Field preparation including but not limited to dragging infields; xii. Misc. cleanup, including but not limited to the following: a. Push clay back into batters box; b. Clean dugout areas; and c. Push clay back onto pitchers mound; xiii. Convert field for usage by AYSO, including but not limited to: a. Conversions of fields 4 & 5; b. Take down home run fencing; c. Re-sod worn turf field areas; d. Conversion of T-Ball fields; e. Removal of goal posts; and f. Resod base pads and pitching mounds (fields 4 & 5). (b) Painting all baseball field lines and other markings. (c) Providing utility services for the snack shack. (d) Removal of trash from the trash containers in the Park. (e) Maintenance of the Park restrooms including those in the snack shack. (~ Changing the locks on the snack shack doors at the beginning and end of every Baseball Season. 3. Responsibilities of Little League. Little League shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial caze of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. (b) Maintenance of electronic scoreboazds. (c) Clean up of litter and debris after each game or practice and deposit of all gazbage in the trash containers. • (d) Ensuring the safety of all Little League activities including, but not limited to, preventing baseballs from exiting the pazk onto Highway 85 during Little Page 2 of 9 League practice or games. Little League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during the Baseball Season, Little League's rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (d) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any objections to the condition of the turf fields. 4. Payment. In consideration for the additional maintenance and other services provided by City, as described in Exhibit A, Little League shall pay to the City the amount of $ for each Baseball Season during the term of this Agreement. For the use of the Park pursuant to this Agreement, Little League shall pay to the City the amount of $ for each Baseball Season during the term of this Agreement. Such payment shall be made no later than December ls` of each yeaz and shall be delivered to the Director of the Deparhnent of Public Works. 5. Park Use Policy. Notwithstanding any other provision of this Agreement, the Public Works Director shall have full authority to regulate the use of the Park, including, but not limited to, regulation of field layouts and imposing field "rest" periods during the season, based upon the condition of the pazk and fields as determined by the Public Works Director to ensure the long term health of the Park. 6. Rainy Day Policy. Little League shall cancel games or practices if it has rained in the past 24 hours or if the field, as determined by the Public Works Director, is deemed to be in an unplayable condition at game/practice time. During periods of unstable/questionable weather conditions, the Public Works Director will determine whether the fields at the Park are playable. If the fields aze closed due to the above conditions, a sign will be posted at the park stating "Field Closed Today." This policy shall be publicized by Little League and made available to all Little League field users. 7. Penalties for Field Use Violations. Any unauthorized use of the Pazk by Little League and/or Little League members may result in a penalty, as determined by the Director of Public Works. Unauthorized use includes, but is not limited to, any violation of the Park Use Policy or Rainy Day Policy set forth above. Penalties shall be as follows: 1 S` Penalty during season: No use of Park for one week from the date the penalty is imposed or payment of damages up to a maximum of $1000 as determined by the Director of Public Works. Page 3 of 9 . 2"a Penalty during season: No use of Park for one month from the date the penalty is imposed or payment of damages up to a maximum of $5000 as determined by the Director of Public Works. 3Ta Penalty during season: No use of Pazk for the remainder of season or payment of damages up to a maximum of $10,000 as detennined by the Director of Public Works. 8. Termination. Little League may cancel this Agreement by giving written notice to City not less than sixty (60) days prior to the commencement of its season. City may cancel this Agreement by giving written notice to Little League not less than one hundred. twenty (120) days prior to the date on which the annual rental charge specified in Paragraph 4 would otherwise be due and payable. Provided, however, if City determines Little League is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to Little League to correct the violation, within thirty (30) days, Little League has not made the necessary correction. City may at its sole discretion suspend all use of the Pazk by Little League pending the correction of any violation. 9. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director or his or her designee. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with. Little League concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director or his or her designee. 10. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and maybe given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or ovemight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: • Notices to Little League shall be sent to: Page 4 of 9 Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 11. No Agency. Except as City may specify in writing, Little League shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Little League shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 12. Compliance with Laws. Contractor shall observe and comply with all laws, • policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of all other governmental agencies, (including federal, state, municipal and local governing bodies). 13. Drug-free Workplace. Little League and Little League's employees and volunteers shall comply with the City's policy ofmaintaining adrug-free workplace. Neither Little League nor Little League employees and volunteers shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at the Park. If Little League or any employee or volunteer of Little League is convicted or pleads nolo contendere to a criminal drug statute violation occurring at the Pazk, then Little League, within five days thereafter, shall notify the City. 14. Discrimination Prohibited. Little League assures and agrees that Little League will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 15. Indemnification of City. Little League and City agree that City, its employees, agents and officials shall, to the fullest extent permitted bylaw, be fully protected from Page 5 of 9 any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the negligent acts, errors or omissions, or willful misconduct of Little League or conduct for which the law imposes strict liability on Little League in connection with this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Little League acknowledges that City would not enter into this agreement in the absence of the commitment of Little League to indemnify and protect City as set forth " below. (a) To the fullest extent permitted bylaw, Little League shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, to the negligent acts, en•ors or omissions, or willful misconduct of the Little League (including, but not limited to, damage or injury resulting directly or indirectly from soccer balls exiting the Park onto Highway 85, during Little League practice or games) or conduct for which the law imposes strict liability on the Little League in the performance or failure to perform this Agreement. All obligations under this provision are to be paid by Little League as they are incurred by the City. (b) Without affecting the rights of City under any provision of this agreement or this section, Little League shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where and only to the extent that the City is shown to have been at fault. (c) The obligations of Little League under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Little League expressly waives any statutory immunity under such statutes or laws as to City, its employees and officials. (e) Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Little League and shall survive the termination of this agreement or this section. By execution of this Agreement, Little League acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Little League from liability under this paragraph. Page 6 of 9 16. Insurance Requirements. Little League shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance as specified below against claims for the injuries to persons or damages to property which may arise from or in connection with Little League's use and maintenance of the Park and the performance of the obligations hereunder by Little League, its agents, representative or employees. (a) Minimum Limits of Insurance. Little League shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the 'provisions: General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Little League. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its off cers, officials, employees or volunteers. b. Little League's insurance shall be primary insurance as respects the City, its. officers, officials, employees and volunteers. Any insurance orself-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of Little League's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. Little League's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Little League for the City. 3. All Coverages. Page 7 of 9 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. Little League shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before Little League may make use of the park, fields or snack shack. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17. Parties In Interest. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 18. Successors and assigns. This Agreement shall inure to the benefit of and shall be: binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 19. Cancellation of prior agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Little League's use of the Park (including the agreement between City, Little League and other parties dated )and contains all of the covenants and agreements between the parties with respect to their respective rights and obligations concerning the Park. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 20. Authority. Each signatory hereto hereby represents and warrants'that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Page 8 of 9 Saratoga Little League Baseball, Inc., a California Nonprofit Corporation: By: Date: Print Name: Position: CITY OF SARATOGA, a municipal corporation By: _ Name: Title: APPROVED AS TO FORM: By: City Attorney APPROVED AS TO INSURANCE: By: Administrative Services Director Date: Date: Date: Page 9 of 9 "Exhibit A" Additional City Maintenance Tasks -Saratoga Little League Baseball TASK: HOURS: Pre-Season • Replace clay infield area 16 hours • Field conversion of fields 32 hours • Replace clay in batter box and pitcher mounds 16 hours • Scarify, roll, clean-up fields 2 hours • Set up outfield fencing 64 hours REGULAR SEASON (Approximately 10 weeks) • Roll infield (3 times) 6 hours • Mow (2 times weekly) 40 hours • Fertilize (2 times) 2 hours • Slit Aerate (3 times) 3 hours • Clean cinder clay (weekly) 10 hours • Misc. (ie-push clay back in batter box, clean dugouts, 20 hours push clay back on pitcher's mound) (weekly) • Field Prep (Drag fields, line infields) (weekly) 40 hours • Dethatch (2 times) 8 hours END OF SEASON • Field Conversion (2 people, 2 days) 32 hours TOTAL HOURS: 291 @ $21.00/HR: $6,111.00 MATERIALS: • Cinder Clay $1,100.00 • Clay $ 500.00 • Resod Fields (contract out) $ 500.00 TOTAL MATERIALS: $2,100.00 TOTAL ADDITIONAL MAINTENANCE COST: $8,211.00 AGREEMENT CONCERNING Pony League USE OF CONGRESS SPRINGS PARK THIS AGREEMENT, dated by and between THE CITY OF SARATOGA, a municipal corporation ("Cit}~'), and SARATOGA Pony League BASEBALL ("Pony League"), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Pazk ("the Park"), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Pony League has regularly utilized the Park for the conduct of games and practices during its season and desires to continue such use. C. City and Pony League desire to execute this Agreement to establish their respective rights and obligations concerning the use of the Park. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. Term and Times of Use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2002. During the term of this Agreement Pony League shall have the right to use the field at the Park designated by the Public Works Director for use by Pony League ("Pony Field") pursuant to this Agreement during the months of January through June ("Baseball Season"). Each yeaz, Pony League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Pony League shall be entitled to the joint use of the Pony Field with Saratoga Little League, Inc. during the conduct of its games and practices. At all other times, the Pony Field shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of Pony League. Pony League shall be responsible for the following: (a) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all Pony League activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Pony League practice or games. Pony League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Pony League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Pony League member during the Baseball Season, Pony League's rights to use of the Park shall terminate for the Page 1 of 8 • remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (d) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Pony League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Pony League shall immediately notify the City of any objections to the condition of the turf fields. 4. Payment. In consideration for the use of the Park pursuant to this Agreement, Pony Leagne shall pay to the City the amount of $ for each Baseball Season during the term of this Agreement. Such payment shall be made no later than December 15` of each year and shall be delivered to the Director of the Department of Public Works. 5. Park Use Policy. Notwithstanding any other provision of this Agreement, the Public Works Director shall have full authority to regulate the use of the Park, including, but not limited to, regulation of field layouts and imposing field "rest" periods during the season, based upon the condition of the park and fields as determined by the Public Works Director to ensure the long term health of the Park. 6. Rainy Day Policy. Pony League shall cancel games or practices if it has rained in the past 24 hours or if the field, as determined by the Public Works Director, is deemed to be in an unplayable condition at game/practice time. During periods of unstable/questionable weather conditions, the Public Works Director will determine whether the Pony Field at the Park is playable. If the field is closed due to the above conditions, a sign will be posted at the park stating "Field Closed Today." This policy shall be publicized by Pony League and made available to all Pony League field users. 7. Penalties for Field Use Violations. Any unauthorized use of the Park by Pony League and/or Pony League members may result in a penalty, as determined by the Director of Public Works. Unauthorized use includes, but is not limited to, any violation of the Park Use Policy or Rainy Day Policy set forth above. Penalties shall be as follows: 1 s` Penalty during season: No use of Park for one week from the date the penalty is imposed or payment of damages up to a maximum of $1y00 as determined by the Director of Public Works. 2„a Penalty during season: No use of Park for one month from the date the penalty is imposed or payment of damages up to a maximum of $Sy000 as determined by the Director of Public Works. 3`a Penalty during season: No use of Park for the remainder of season or payment of damages up to a maximum of $10.000 as determined by the Director of Public Works. LJ Page 2 of 8 8. Termination. Pony League may cancel this Agreement by giving written notice to • City not less than sixty (60) days prior to the commencement of its season. City may cancel this Agreement by giving written notice to Pony League not less than one hundred twenty (120) days prior to the date on which the annual rental charge specified in Pazagraph 4 would otherwise be due and payable. Provided, however, if City determines Pony League is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazazdous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to Pony League to correct the violation, within thirty (30) days, Pony League has not made the necessary correction. City may at its sole discretion suspend all use of the Park by Pony League pending the correction of any violation. 9. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director or his or her designee. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Pony League concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director or his or her designee. 10. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and maybe given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express tamer indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Pony League shall be sent to: Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga Page 3 of 8 . 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Sazatoga 13777 Fruitvale Avenue Sazatoga, CA 95070 11. No Agency. Except as City may specify in writing, Pony League shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Pony League shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 12. Compliance with Laws. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of all other governmental agencies, (including federal, state, municipal and local governing bodies). 13. Drug-free Workplace. Pony League and Pony League's employees and volunteers shall comply with the City's policy ofmaintaining adrug-free workplace. Neither Pony League nor Pony League employees and volunteers shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at the Pazk. If Pony League or any employee or volunteer of Pony League is convicted or pleads nolo contendere to a criminal drug statute violation occurring at the Park, then Pony League, within five days thereafter, shall notify the City. 14. Discrimination Prohibited. Pony League assures and agrees that Pony League will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 15. Indemnification of City. Pony League and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the negligent acts, errors or omissions, or willful misconduct of Pony League"or conduct for which the law imposes strict liability on Pony League in connection with this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be . interpreted and construed to provide the fullest protection possible under the law to the City. Pony League acknowledges that City would not enter into this agreement in the absence of the commitment of Pony League to indemnify and protect City as set forth Page 4 of 8 below. (a) To the fullest extent permitted by law, Pony League shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, azbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation; incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, to the negligent acts, errors or omissions, or willful misconduct of the Pony League (including, but not limited to, damage or injury resulting directly or indirectly from soccer balls exiting the Park onto Highway 85, during Pony League practice or games) or conduct for which the law imposes strict liability on the Pony League in the performance or failure to perform this Agreement. All obligations under this provision are to be paid by Pony League as they are incurred by the City. (b) Without affecting the rights of City under any provision of this agreement or this section, Pony League shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where and only to the extent that the City is shown to have been at fault. (c) The obligations of Pony League under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Pony League expressly waives any statutory immunity under such statutes or laws as to City, its employees and officials. (c) Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Pony League and shall survive the termination of this agreement or this section. By execution of this Agreement, Pony League acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Pony League from liability under this paragraph. 16. Insurance Requirements. Pony League shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance as specified below against claims for the injuries to persons or damages to property which may arise from or in connection with Pony League's use and maintenance of the Park and the performance of the obligations hereunder by Pony League, its agents, representative or employees. (a) Minimum Limits of Insurance. Pony League shall maintain limits no less than: • Page 5 of 8 i. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies aze to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees and volunteers aze to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Pony League. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. Pony League's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of Pony League's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. Pony League's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Pony League for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Page 6 of 8 (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. Pony League shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy aze to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before Pony League may make use of the pazk, fields or snack shack. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17. Parties In Interest. This Agreement. is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 18. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 19. Cancellation of prior agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Pony League's use of the Park (including the agreement between City, Pony League and other parties dated )and contains all of the covenants and agreements between the parties with respect to their respective rights and obligations concerning the Pazk. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which aze not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 20. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Saratoga Pony League Baseball: By: Print Name: Date: ~_~ Page 7 of 8 Position: CITY OF SARATOGA, a municipal corporation By: Name: Title: APPROVED AS TO FORM: By: City Attorney APPROVED A5 TO INSURANCE: By: Administrative Services Director s Date: Date: Date: Page 8 of 8 .'~ `~~t SARATOGA CITY COUNCIL MEETING DATE: January 16, 2001 AGENDA ITEM: _, ORIGINATING DEPT: Public Works CITY MANAGER: .~~~-~ PREPARED BY:. ' ~ DEPT HEAD: SUBJECT: Approval of a Professional Services Agreement for Landscape Architecture services with MPA Design in connection with the Azule Park Improvement Project. RECOMMENDED ACTION(S): Approve a Professional Services Agreement for Landscape Architecture services with MPA Design of San Francisco in the amount of $67,000.00 and authorize the City Manager to execute the same. REPORT SUMMARY: Request for Proposals (RFPs) were sent out in November to Landscape Architects for professional planning and design services for the development of Azule Park. Interviews of the qualified firms were held on January 2, 2002 by a selection panel consisting of 2 staff members, Pazks and Recreation Commissioner Greg Gates and Azule resident Jim Schindler. A total of 5 firms were interviewed, with two firms emerging as the top candidates, MPA Design of San Francisco and Amphion, Inc. of Oakland. The original cost proposals for these firms as presented on January 2, 2002 for the same services is as follows: • MPA Design: $80,500 • Amphion, Inc: $67,416 Background and reference checks were performed January 3, 4 and 7. The two firms scored nearly evenly, with no clear advantage to either firm. Upon speaking with each firms' Principal on Monday, January 7, MPA Design was cleazly more motivated to take on the project, and made an unsolicited offer to reduce their fees by $5,000. MPA Design was then asked by Staff if they would lower their offer by an additional $8,500, for a final cost proposal of $67,000, placing. them in the same range as the cost proposal from Amphion. MPA Design agreed, and the panel brought forward a recommendation to the Parks and Recreation Commission on January 7, 2002 to choose MPA Design as the top candidate for the Azule Pazk Improvement Project. The Pazks and Recreation Commission unanimously approved the recommendation of the Panel to select MPA Design as the most qualified candidate for the project. The decision to choose MPA Design was weighted more towards their creative skills and willingness /eagerness to take on the project as opposed to their lower bid. Therefore, staff recommends City Council approve a Professional Services Agreement with MPA Design to provide professional planning and design services for the Azule Park Improvement Project. Design work is scheduled to commence as soon as an agreement is executed. Construction is expected to commence sometime late summer. ', FISCAL IMPACTS: Funding for the project development work is programmed in the adopted 2001-2006 Capital; Improvement Plan. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): 1. A Professional Services Ageement with MPA Design will not be Council my direct staff to negotiate a contract. with another consultant. this will result in finding a more competent consultant for this project. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): approved. The Cit}~ Staff does not believe; 1. The Professional Services Agreement will be executed and work will begin immediately. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Consultant Proposals ~J 2 of 3 L, Jan 30 02 06:i5p MPR Design 7 4154344665 MPA Design Larnlzcapc Archircu< ana UrL+an Ucsigncn January 10, 2002 John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 414 Masan Strccr Sao Francisco, C;A 94102.1119 415 934.4664 FAX 415 434-4665 t-/n~n~ p.l Post-It'" brand fax transmittal memo 7671 aaf pages " ~ To L ~ Prom , q- LK!<: Co. Co. Dept. Phone e Fax Y ~C~'/ 8Gg _ J ~~ Faz p Subject: Azule Park, Saratoga Dear Mr. Cherbone: Design Fee: reduced by $13,500 to $67,000 • We would be very pleased to work with the city on this challenging project. The agreed to reduction in fee would be shared between MPA Design and three subconsultants. Subconsultant total was $24,300 before markup so we are reducing this by $5,310.00. Civil includes $4,000 for a survey which cannot be reduced. Civil $11,790 1.10 $12,960 Electrical $5,000 1.10 $5,500 Irrigation 2 700 1.10 2 970 $ 19,490 $21,430 We now understand that the park will be used from sunrise to sunset and only minimal lighting for security will be required. Given the tight budget, eve suggest a tnaximum of 7 attractive park "non-glare" lights @ I6' high x 3,500 = $24,000 plus electrical service @ $7,000 = S31,500 maximum, and possibly providing conduit for future night lighting of the tennis courts, at least between the Ywo courts, unless everyone is opposed to this lighting concept. The perimeter court lights could be added with only minimal change. Public Workshops Due to the fast schedule and reduction in fee, we would like to reduce the number of v<'orkshops. C)fficcs in San Frmdsco :rod Walqut Crcck Jan 10 02 06:15p MPR Design 4154344665 p.2 John Cherbone 2 January 9, 2002 •Public workshops presently 5 are proposed (we showed only 4 in our proposal), reduce to 3 based on recent San Jose, Cupertino and Campbell experience this should be adequate: Once the concept isagreed toand any.fine-tuning ofyour present program and playground features are selected, the project then becomes more of a technical PS&E production effort. If the public meetings were at two-week intervals, this covers 1 %2 months with the last 2 %z months for intensive production work. As the drawings are updated, they could be posted on a web site or displayed at the Civic Center so that interested public could comment on any new visual design element which was not covered in the three meetings. We believe all the visual elements can be covered in the workshops. NIPA Normal Procedures: • For progress printings at schematics, design development stages - 5 copies of each drawing. For contract documents, 5 copies plus e-mailed digital information. • Printing of contract documents for construction bids. This is a separate city expense. MPA wil I provide digitized information to City of Saratoga, or directly to the printing service which the City wishes to use. • In the event the City wishes to expand the scope of the project beyond the $700,000 budget level, MPA's fee should be adjusted based on 9.57% fee. If the budget were increased by 10%, the design fee would rise proportionately. • MPA lump sum fee will not rise or drop based on actual construction bids. On the 12 examples we furnished you ofbids on all major projects, none were more than 9.5% above estimates. However, bidding results can change rapidly if the quantity of new projects out to bid either rises or falls in a significant manner. We hope this does not occur. To meet the schedule, MPA needs an up-to-date topographic survey at 1" = 20' on a CAD format as soon as possible. We also need an aerial photograph in plan view which includes the school and nearby houses in a digital form. If a purchase order for this could be issued immediately, this would save t~vo weeks. Yours very truly, MPA Design ~~ . ~ r.~~~l Michael Painter, FASLA President • MP:cs i7 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: _1__ CITY MANAGER: 0~~ DEPT HEAD: SUBJECT: Consideration of Initiating a Study to Create a Single Story Zoning Overlay Requirement for the Brookview and Saratoga Woods Neighborhoods RECOMMENDED ACTION(S): Adopt the attached Resolutions which direct Staff to conduct a poll of all of the property owners of both neighborhoods to determine the breadth of interest of establishing a zoning overlay. restriction to limit the area to single stories only. Further direct Staff to report thc: findings of that poll to the Planning Commission who will then consider the issue in ari advertised public hearing and report their findings to the City Council. REPORT SUMMARY: Last spring the Planning Commission considered an application to allow a second story addition to a dwelling in the Brookview neighborhood. This application was granted by the Planning; Commission and then appealed to the City Council. The City Council overturned the Planning; Commission's approval. The appeal process brought out large numbers of property owners of the area. Staff has had discussions with the neighbors who filed the appeal with regards to how to change the zoning so that they did not need to be so vigilant. The concept of a single story overlay restrcrion was suggested. Vice Mayor Baker has also discussed this issue with staff. Through those discussions it was determined that this has been an ongoing issue in both the Brookview and Saratoga Woods neighborhoods. Both of these neighborhoods are predominately single story dwellings. Staff has attached copies of maps indicating where two story structures exist to the proposed resolutions. The maps distinguish between original construction and newer additions. The Brookview neighborhood had three original 2-story dwellings and has had 13, 2"d story additions constructed over the years. There are a total of 323 dwellings in the Brookview neighborhood. In Saratoga Woods, there were 26, original 2-story homes, this includes three that finished attics above the garages. In Saratoga Woods, there have been seven 2°a story additions. There are 394 dwellings in the Saratoga Woods neighborhood. During the appeal hearing of the Polumbo's proposed 2"d story addition at 19208 Brookview Drive there was overwhelming sentiment to overturn the approval of the project. A poll needs to be taken to determine what the level of support there is to have the City adopt regulations restricting the neighborhoods to single stories. Staff suggests the use of mail-in post cards with a simple explanation of what is involved and an opportunity to vote, yea or nay. Unless there is substantial property owner support, it might not be wise to move forward with such ',a restriction. The existing 2-story dwellings should be specifically exempted from any provision limiting the area to single stories so as not to create non-conforming structures. This should also be explained in the information regarding the poll. FISCAL IMPACTS: The fiscal impacts are limited to staff time, the post cards and postage to conduct the poll and the subsequent public hearing noticing costs. It should be noted that the public hearing noticing will be more significant that typical public hearings as whole neighborhoods will need to be noticed. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Maintaining the status quo will result in continued appeals of applications for second story additions. ALTERNATIVE ACTION(S): 1. Leave the zoning restrictions "as is" and deal with each application on its own merits. ', 2. Direct the Planning Commission to move directly to public hearings to consider the merits of a zoning overlay restricting one or both of the neighborhoods to single sto 'ry construction only. FOLLOW UP ACTION(S): Not Applicable ADVERTISING, NOTICING AND PUBLIC CONTACT: This meeting was publicly noticed on January 11, 2002. ATTACHMENTS: I. A copy of a map of the Brookview neighborhood 2. A copy of a znap of the Saratoga Woods neighborhood 3. A resolution initiating a study to consider establishing a single story zoning overlay for the Brookview Neighborhood. 4. A resolution initiating a study to consider establishing a single story zoning overlay for the Saratoga Woods Neighborhood. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CTI'Y OF SARATOGA INITIATING PROCEEDINGS TO AMEND THE ZONING CODE OF THE CITY OF SARATOGA WHERE AS, the Planning Commission of the City of Saratoga is responsible for making recommendations to the City Council of the City of Saratoga with respect to proposed amendments to the zoning code of the City of Saratoga; and WHERE AS, the Plamiing Commmission is requested to initiate a Study to consider amendments to the zoning code with respect to establishing asingle-story zoning overlay for the Brookview neighborhood as shown on the attached map labeled Exhibit A: and WHEREAS, this matter was considered at a duly noticed public meeting on January I6, 2002, at which time all members of the public were afforded an opportunity to comment on the initiation of these proceedings. THEREFORE, BE IT RESOLVED that City Staff is hereby directed to conduct amail-in poll to determine the level of property owner interest and report the results of such poll to the Planning; Commission. NOW THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission is hereby directed to initiate proceedings to consider amendments to the zoning code for the City of Saratoga with respect to restricting the Brookview neighborhood, as shown on the attached Exhibit A, to single stork construction. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 16`h day of January, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: NICK STREIT, MAYOR Cathleen Boyer, City Clerk Brookview Exhibit A Original M, . ~~ ~~ 500 0 500 1000 1500 ~ 2000 ~ `251 N W E S RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INTTIATING PROCEEDINGS TO AMEND THE ZONING CODE OF THE CITY OF SARATOGA WHERE AS, the Planning- Commission of the City of Saratoga is responsible for making recommendations to the City Council of the City of Saratoga with respect to proposed amendments to the zoning code of the City of Saratoga; and WHERE AS, the Planning Commission is requested to initiate a Study to consider amendments to the zoning code with respect to establishing asingle-story zoning overlay for the Saratoga Woods neighborhood as shown on the attached map labeled Exhibit A: and WHERE AS, this matter was considered at a duly noticed public meeting on January 16, 2002, at which time all members of the public were afforded an opportunity to comment on the initiation of these proceedings. THEREFORE, BE IT RESOLVED that City Staff is hereby directed to conduct amail-in poll to determine the level of property owner interest and report the results of such poll to the Planning Commission. M NOW THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission is hereby directed to initiate proceedings to consider amendments to the zoning code for the City of Saratoga with respect to restricting the Saratoga Woods neighborhood, as shown on the attached Exhibit A, to single story construction. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 16`}` day of January, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: Cathleen Boyer, City Clerk 500 p ~ ~ ~ ~~, , , , i 500 1000 1500 2000 25~ Feet N W E S • aaratoga Woods Exhibit A SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: January 16, 2002 CITY MANAGER: ~~~~ ~~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Second Reading of Parks and Recreation Ordinance RECOMMENDED ACTION: 1) Conduct public hearing on proposed ordinance amending the City's parks and recreation ordinance; 2) Approve motion to waive the second reading of the ordinance; and 3) Approve ordinance. STAFF REPORT The City Council after a public hearing on December 19, 2001 approved a first reading of the attached ordinance in order to (1) prohibit objects from being hit or thrown into public; rights of way near City parks, (2) clarify the. City's authority to enter into season-long agreements with AYSO, Little League Baseball, and other groups, subject to conditions imposed by the Director of Parks, and (3) make. several technical "clean-up" amendments to the Code. The effect of the ordinance is described in the staff report for the December 19, 2001 meeting. At the first reading the Council revised the ordinance to state that the group permit requirement applies to any "publicly advertised" assemblage rather than a "pre- advertised" assemblage. This change is reflected in the attached draft. The Council also directed that the ordinance be considered by the City Parks and Recreation Commission. The Commission considered the ordinance at its meeting of January 7, 2002 and proposed no changes to the ordinance. Ordinarily, a second reading matter would be placed on the consent calendar. Because the draft ordinance had not been considered by the Parks and Recreation Commission prior to the first reading, however, the ordinance has been set for an additional public 1 hearing to ensure that the public had a full opportunity to comment on this matter. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: . Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Discussed above. ATTACHMENTS: Draft Ordinance. 2 i ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKS AND RECREATION THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Saratoga has witnessed an increased demand for areas for organized, recreational sporting events such as soccer and baseball. In an effort to address this demand, the City has worked to make City parks available for recreational sporting events. B. Because of the increased use of City parks for recreational sporting events, the City has identified a risk that baseballs, soccer balls, and other objects could be thrown, kicked, or hit into nearby roadways, potentially causing serious injury or damage. City pazks are designed to avoid this risk during sporting events and other appropriate recreational activities. For example, the City has installed protective netting at Congress Springs Park to prevent balls from being thrown or hit into California State Highway 85, adjacent to the park. However, if parks are used improperly, there is a risk of injury or damage to people and property using nearby roadways. Additional protection would be provided to people and property at Congress Springs Park and at other City parks by prohibiting anyone from throwing, kicking, or hitting balls, rocks, or other objects from parks into nearby roadways in a manner that could cause injury or damage. C. To promote the use of City parks for recreational sporting events, the Director of Pazks has previously issued season-long group use permits to soccer leagues and baseball leagues, pursuant to Section 11-10.010 of the Saratoga City Code. An amendment to Section 11-10.010 would clarify that the Director has the authority to make a group use permit effective for multiple times, multiple days, and multiple locations. D. In order to protect people and vehicles that walls or drive neaz parks from damage or injury caused by errant balls and other objects, Section 2.1 of this ordinance amends Section 11-05.030 of the Saratoga City Code to prohibit anyone from throwing, kicking, or hitting any ball, rock, or other object from a park into a public road, parking azea, or pathway. Page 1 of 5 Ordinance No. E. In order to ensure that the use of City pazks for recreational sporting events is fairly and properly controlled and allocated, Section 2.2 of this ordinance amends Section 11- 05.050(a) of the Sazatoga City Code to clarify that Section 11-05.050 applies to the use or occupation of any park or area thereof by any publicly advertised assemblage, regazdless of the number of persons assembling, and to the use or occupation of any park or area thereof by any group of persons twenty-five or more in number, regardless of whether the group's use or occupation is publicly advertised. F. In order to clarify the Director of Pazks' authority regarding group use permits, Section 2.3 of this ordinance amends Section 11-10.010 of the Saratoga City Code to clarify that the Director of Parks may issue any group use permit for multiple times, multiple days, and multiple locations. G. In order to facilitate the processing and coordination of applications for season-long group use permits for recreational sports leagues, Section 2.4 of this ordinance amends Section 11-10.020 of the Sazatoga City Code to provide that the City Council may authorize an application for a group use,permit to be filed more than ninety days in advance of the proposed use, and Section 2.5 of this ordinance amends Section 11-10.050 of the Sazatoga City Code to provide that the City Council may revoke a group use permit at any time. Section 2.1. Protection of Persons and Vehicles Near Parks. Section 11-05.030 of the Saratoga City Code regarding activities prohibited in pazks is hereby amended by redesignating the existing subsection (p) as subsection (c~ and by inserting a new subsection (p), to read as set forth below: (p) Throw, kick, or hit any ball, rock, or other object into any public driveway, roadway, highway, parking azea, sidewalk, bicycle path, or trail inside or outside the pazk in such a manner that the ball, rock, or other object could cause injury to any person or cause damage to any vehicle or other property. Section 2.2. Clarification of Acts Prohibited Except with Special Permit. Section 11-05.050(a) of the Saratoga City Code regazding acts prohibited in parks without a permit is hereby amended, to read as set forth below: (a) The use or occupation of any pazk or area thereof by any publicly advertised assemblage or by any group of persons twenty-five or more in number. Page 2 of 5 Ordinance No. Section 2.3. Group Use Permits. Section 11-10.010 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in bold, double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ele). Text in standard font is unchanged by this ordinance. 11-10.010 Group use permit. Certain predesignated areas of City pazks may be made available for the temporary °~~lnsi~-use of groups of persons upon the issuance of a r~ti~r¢roup use permit therefor by the Director in accord with the following provisions: (a) Each group must consist often or more persons unless it is acommunity-oriented group, and have one or more adults who agree in writing to be responsible for such group during the entire period of exclusive use of the area in question. (b) Each group shall in no event exceed in number seventy-five percent of the capacity of such park or the azea of such pazk, as is established by the park regulations, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit. (c) Each permit shall specify (I) the park(s) and area(s) of the park(s) to which the permit applies: (21 the day(s) and hour(s) for which the permit is issued, over a period not to exceed one year: (31 whether the permit is for exclusive or non- exclusive use: and (41 any other conditions imposed by the Director. No group use permit shall be issued to the same or substantially the same group of persons more often than once every ninety days. Section 2.4. Time for Filing Group Use Permit Applications. The introductory clause of Section 11-10.020(a) of the Saratoga City Code regarding group use permits is hereby amended, as shown below. Text inserted by this ordinance is indicated in bold, double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex-ample). Text in standazd font is unchanged by this ordinance. Paragraphs (1) through (7) of Section 11-10.020(a) of the Saratoga City Code are not amended by this ordinance. (a) Application for a group use pennit shall be in writing on forms furnished by the City, and be filed with the Director no less than twenty nor more than ninety days prior to the date of the proposed use, unless the Citv Council authorizes an earlier filing, and shall contain the following information: Page 3 of 5 Ordinance No. Section 2.5. Revocation of Group Use Permits by the City Council. Section 11-10.050 of the Saratoga City Code regarding group use permit revocation is hereby amended as shown below. Text inserted by this ordinance is indicated in bold, double- underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex~rxgle). Text in standard font is unchanged by this ordinance. 11-10.050 Revocation of permit. Any permit issued under the provisions of this Article shall be subject to revocation Eby the Director upon a finding of any violation of any of the provisions of this Chapter,-er any other provisions of this Code, or any of the conditions of such permit~eh or ii the City Council at anv time. Such revocation shall be effective immediately, but ~vhiek in the case of a revocation by the Director. shall be subject to review by appeal to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code. Section 3. Severance Clause. Each section, sub-section, pazagraph, sub-pazagraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declazes that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Page 4 of 5 Ordinance No. The foregoing ordinance was introduced and read at the regulaz meeting of the City Council of the City of Saratoga held on the 19th day of December, 2001, and was adopted by the following vote following a second reading on the 16th day of January, 2002: AYES: NOES: ABSENT: ABSTAIN: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY L..I Page 5 of 5 Ordinance No. X '~-~ Economic Development Options SARATOGA CITY COUNCIL MEETING DATE: Januarv 16, 2002 AGENDA ITEM: ORIGINATING DEPT.: Cit~ManaQer's Office CITY MANAGER: ~~~~- PREPARED BY: Danielle Surdin. Econ. Dev. Coord. DEPT. HEAD: SUBJECT: Economic Development Options ACTION (S) 1. Direct staff on preferable Economic Development Options REPORT SUMMARY: Introduction• Economic Development can play a vital and necessary role in government by facilitating communication between the private and public sectors. This synergy has the potential to improve the community's quality of life, stimulate business investment, and diversify the public revenue base. Economic development strategies vary from city-to-city depending on available capital, community profile, and overall assessed needs. Cities like Saratoga without a Redevelopment Agency and with limited development potential can still have an effective economic development program. While some options. are more costly than others such as recruiting activities and capital projects, retention and promotion of existing local businesses can reinforce and strengthen businesses. Cities that are successful in retaining businesses and invest in their current business districts can become known for their pro-business atmosphere. On the other hand, a focus on attraction of new businesses has the potential for introducing new services and products into the local economy. Economic development programs can assist in changing the private sectors perception of government as a regulatory entity, to that of a valued community partnership. , Back rg ound At the October 4, 2000, meeting, the City Council acted to create an Economic Development Coordinator position in order to facilitate economic revitalization efforts in the City of Saratoga. In May 2001, the City hired Danielle Surdin as our Economic Economic Development Options Development Coordinator to implement various economic development programs for business retention, promotion, and recruitment in partnership with the business community. In the past six months staff has been focusing economic development efforts on business ': retention and promotion. The City has concentrated on developing personal relationships within the business community as a high priority. Staff has also been developing marketing materials during this time to create basic promotional material. The Village Lighting project has been completed, the Village Streetscape Improvements are ready to present to the Sazatoga Business Development Council (SBDC) in January, and staff has been working with consultants on the Gateway Taskforce. At the request of the City Council the staff is presenting options for future economic development efforts, and outlining the roles and function of several local economic development organizations to accomplish these tasks. The staff is seeking Council input to more clearly define our economic development goals and approach for 2002. Staff has provided Council a variety of economic development options under the three categories of new business atttaction, local business retention, and promotion. Staff will develop a strategic economic development plan based on Council's direction. Economic Development Options & Strategy New Business Attraction: This aspect of economic development entails attracting new businesses to the community, whether to vacant tenancies or new construction. A variety of approaches are available to the City for recruiting new businesses, including working with commercial real estate brokers and commercial builders to attract desirable. businesses to the community. Another approach is to provide a formal new business incentive program, much like that which was used to amact the Patrick James clothing store to the Village. The following is a list of options for Council to consider: 1. Network quarterly with commercial brokers and surrounding cities Economic Development professionals to keep up-to-date on business leads and issues. 2. Develop an incentive program with criteria for City funding of (1) projects for which assistance might be provided, and (2) business types and project types '' which might be eligible for expedited .processing. Other cities have similar programs that aze based on the number of jobs, payroll per job, assessed !! , valuations, or taxable sales. 3. Targeted business amaction -canvas other bay area cities for small and medium sized businesses wanting to expand, which fit the desired profile, and offer them ', assistance to relocate or expand. 4. Attend trade shows of desired industries and actively promote Saratoga as a place to do business -highlight quality of life and other desirable demographics through amactive and consistent marketing material. Economic Development Options 5. Develop and distribute a new business-marketing packet. This would be an effective tool to establish a positive working relationship with new businesses and immediately encourage them to establish business relationships with the local merchants and business organizations. By fostering these relationships as early as possible, the City can position itself to better cooperate with businesses in retention or expansion efforts. The packet would include information about city regulations pertaining to business, contact information for local utility companies, business services, city departments and civic organizations, and demographics. 6. Develop a public relations program to publicize accomplishments in business amaction and retention, business and community growth, and convenient permit process and business friendly climate. The information would be disseminated to real estate brokers, developers, and business owners to highlight the City's efforts in trying to recruit and promote new businesses. Local Business Retention: Retention is a key economic development tool to help keep the viability and longevity of our local business community strong. Retention usually tends to be a less expensive option in the economic development strategy, as a majority of efforts consist of disseminating information and alerting businesses to business assistance programs. The following is a list of options the City of Saratoga could consider: 1. Create business assistance awareness by developing a directory of small business assistance programs. The City could compile information regarding the types of business assistance programs available to local businesses. The directory should include not only programs offered by the City, but also programs available to local businesses through regional, state, and federal funding. By making this information readily available to small businesses, the City can help promote the use of programs that will assist local businesses to expand and prosper. Often the biggest barrier to small businesses getting the assistance they need is a lack of awareness to such programs. 2: Initiate a business visitation program and visit approximately 2-3 businesses a month to learn about their operations, discuss potential problems, and identify opportunities for City support. 3. Commercial beautification projects - downtown Village Revitalization and Gateway Commercial Improvements add to the overall business climate and location attractiveness (decorative lighting, improved streetscapes, and furniture) 4. Create a quarterly business newsletter highlighting marketing tips, sale techniques, and other business related activities. 5. Monitor quarterly sales tax reports to identify businesses needing attention. Economic Development Options Promotion• Promotion of our local businesses is essential to draw both regional visitors and the local Sazatoga resident. The local Sazatoga household has a mean income of $184,500, which is a higher disposable income level then many other bay area communities. Through effective marketing materials, advertising, and special events the City can help make residents familiaz with what our business community has to offer. Many cities have a significant promotional budget to help fund local business promotion efforts. The following is a list of promotional ideas for Council to consider: 1. A marketing portfolio consisting of the Available Lease Space Brochure, Winery & Entertainment Guide, Historical Walking Tour Brochure, Business Assistance Directory, and demographics. Make a clean and consistent look to drive the message home - create a branding image. 2. A website tour of Saratoga that shows options for shopping, dining, lodging, and other activities. 3. Use special events such as the Village Lighting Ceremony and Celebrate Saratoga to draw visitors and residents into commercial districts. 4. Collaborate with surrounding cities' Chamber of Commerce, Convention of Visitor's Bureau, and fellow Economic Development professionals to promote Sazatoga as a destination city. 5. Develop local promotional efforts such as a shop locally program. The City could supply advertising or street banner time to support merchant events. 6. Review of the sign ordinance to create a promotional banner/accent banner program for merchants (pole-mounted banners). 7. Utilize City promotional materials for hotel industry to increase overall Transit Occupancy Tax. Community Players The Economic Development program should focus and build civic-minded broad-based relationships with the local community's key players. The following are identified as Sazatoga's key community economic development players: The Saratoga Chamber of Commerce: • Business-to-business networking opportunities • Referrals and yeazly directory • Visitor Information & Tourism • Special Events • Member-based Mazketing West Valley College: • Business Assistance Seminazs • Customized Employee Training • Graphic Design, Marketing, & Web Design Assistance 4 Economic Development Options • Saratoga Business Development Council: • Forum for business owners to shaze concerns & ideas • Mazketing input and overall analysis on Sazatoga's promotion goals • Feedback on business related projects and issues Conclusion• With Council direction on economic development priorities, staff will work cohesively with all these entities to effectively position Saratoga as a desirable city in which to live, work, and do business. FISCAL IMPACTS: There are many facets to the Economic Development Options. Depending on how the City Council would like to direct emphasis on certain objectives, a cost analysis would need to be performed by staff. Business Attraction incentives and professional marketing materials would be more costly; retention efforts are less costly because they generally consist of providing information and staff time. The Economic Development budget for FY 200-02 is $56,000 with a little over half currently utilized. The budget allocation for the FY 2002-03 is projected to be the same. This may need to change depending on the level of effort the City wishes staff to undertake in the Economic Development area. CONSEQUENCES OF NOT ACTING: Delays the overall Economic Development Outline for the City of Saratoga. ALTERNATIVES: 1. Staff can prioritize the options given to Council in terms of urgency. FOLLOW-UP ACTIONS: 1. Staff will begin to create a detailed Economic Development implementation plan with estimated cost analysis and project timeline. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Nothing Additional. ATTACHMENTS: None. SARATOGA CITY COUNCIL MEETING DATE: March 21, 2001 ORIGINATING DEPT: City AGENDA ITEM: /7 ,~ _ CITY MANAGER: ~~~-~`-'-' PREPARED BY: DEPT HEAD: SUBJECT: Consideration of Establishing Eligibility Requirements for the City's Commissions and Committees RECOMMENDED ACTION: Accept report and direct staff accordingly. STAFF REPORT: The City of Sazatoga has never memorialized by resolution or by policy establishing eligibility requirements for the City's Commissions and/or Committees. In the past the City has requested that an applicant be a resident of the City of Saratoga and at least 18 yeazs old. The exception to the age requirement has been the Youth Commission and th.e exception to residency requirement has. been that one member of the Library Commission is allowed to be from Monte Sereno. Staff conducted a statewide survey requesting information regazding commission and committee; eligibility requirements. Upon reviewing the information, staff has concluded that the following requirements were the most consistent requirements amongst the cities that responded to the request. . • Must be a resident of the City of Saratoga (with the exception of one seat on the Library Commission) • Beat least 18 yeazs old at the time of appointment (with the exception of the Youth Commission) • Be a Registered Voter within the City • Be a U.S. Citizen • Must be able to attend meetings regularly and commit time as necessary to be able to make informed decisions on issues coming before them. • Shall not hold any public office, place or position of employment with the City of Sazatoga. • No person shall serve at the same time on more that one standing Commission • Must attend one commission/committee meeting prior to participating in the interview process The City Council may wish to consider the above list of requirements and direct to bring back Council desires as a policy for resolution adoption by Council. Regarding the proposed requirement of being a Unites States Citizen, State law technically imposes a citizenship requirement on all civil officers (6overnment Code section 1020). However, the state Attomey General has opined that the requirement is too broad because it applies to all civil officers. The Supreme Court has held that states and local governments can i only impose a citizenship requirement on "officers who participate directly in the formulation, execution, or review of broad public policy perform functions that go to the heart of representative government." (Sugarman v. Dougall (1972) 413 U.S. 634.) Because the state law did not limit itself to officers fitting this description, the Attorney General has opined that the law in not constitutional Instead of relying solely on state law, the City could amend the City Code to impose a citizenship requirement for those commission positions that the City.Council has determined aze directly involved in formulating, executing, and/or reviewing broad public policy issues. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Council would not have eligibility requirements for the various Commissions and Committees. ALTERNATIVE ACTION: Council would not make any recommendations and no formal resolution or policy would be developed. FOLLOW UP ACTION: City Clerk to bring back Council's desires as policy for resolution adoption by Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Survey Results N O O N 0 e~ ti U .., s~ ... o ,.., a+ W DC .~ .. ~ ~ °' ~ o a ~ ~ ~C yC ..Nr ... 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