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HomeMy WebLinkAbout04-03-2002 City Council Agenda Packet ,; AGENDA REGULAR MEETING SARATOGA CITY COUNCIL APRIL 3, 2002 CLOSED SESSION-5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:30 P.M. ADJOURNED TO CLOSED SESSION - 5:30 P.M. Conference With Legal Counsel -Existing Litigation (2case): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Sazatoga (Santa Clara County Superior Court No. CV-803540) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Pazker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regarding price and terms for purchase of real property. 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 March 28, 2002). ARCHI~ COPY COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A¢endized 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 regazding actions on current Oral Communications. ANNOUNCEMENTS CEREMONIAL ITEMS I A. Proclamation Declazing the Month of June "Scleroderma Awazeness Month" Recommended action: • Read proclamation. 1 B. Commendation for Teri Bazon -Outgoing Trails Subcommittee Member Recommended action: Present commendation. 1 C. Appointment and Oath of Office of Public Safety Commission Members Jim Schindler and Isabelle Tannenbaum Recommended action: Adopt resolution. CONSENT CALENDAR The Consrrrt Calendar contains routine items of busrners. Items in this section will he acted nr isre motion, :carless removed by the Mayor or a Council memher. Any memher of the public may speak 1o an item on the Consent Calendar at this time, or request the Mayor remove arr item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approve Council Meeting Minutes Regular Meeting -February 6, 2002 Recommended action: Approve minutes. 2B. Approve Council Meeting Minutes Regulaz Meeting - Mazch 6, 2002 Recommended action: Approve minutes. 2C. Review of Check Register Recommended action: Approve check register. 2D. Review Planning Commission Action Minutes - Mazch 27, 2002 Recommended action: Note and file. 2E. Claim of Mazilyn DeNike; Claim No. G1-053661 Recommended action: Authorize ABAG to settle claim. 2F. Vessing Road Improvements -Notice of Completion Recommended action: Accept notice. 2G. Pavement Management Program -Notice of Completion Recommended action: Accept notice. PUBLIC HEARINGS None OLD BUSINESS Alternatives for Decorative Lighting Guidelines for Village Business District Recommended action: Accept report and direct staff accordingly. Saratoga Library Budget Update Recommended action: Informational only. Amendment to the Heritage Orchazd Master Plan Recommended action: Adopt resolutions and authorize execution of contract with tree moving service. NEW BUSINESS 6. Update on Mail/Identity Theft Recommended action: Informational only. 7. Update on Big Basin Way Traffic Issues Recommended action: Informational only. 8. Saratoga Library Room-naming Recommended action: Accept report and direct staff accordingly. 9. Santa Clara County Library Lease Recommended action: Accept report and direct staff accordingly. AGENCY ASSIGNMENT REPORTS AQencv Councilmember Alternate Association of Bay Area Government Bogosian Mehaffey Chamber of Commerce Streit Mehaffey County Cities Association Leg. Task Force Bogosian Waltonsmith County HCD Policy Committee Mehaffey Baker Emergency Planning Council Baker Waltonsmith Hakone Foundation Liaison StreitBaker N/A KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Association Bogosian Waltonsmith Northern Central Flood Control Zone Advisory Brd. Waltonsmith Bogosian Peninsula Division, League of California Cities Streit Baker Santa Clara County Valley Water Commission Mehaffey Bogosian Santa Clara County Cities Association Streit Baker SASCC Liaison Waltonsmith Bogosian SBDC Mehaffey Streit Sister City Liaison Waltonsmith Mehaffey West Valley Solid Waste JPA Baker Mehaffey Valley Transportation Authority PAC Waltonsmith Streit West Valley Sanitation District Baker Bogosian Silicon Valley Animal Control JPA Bogosian Waltonsmith Saratoga Historical Foundation Waltonsmith Policy Advisory Board Waltonsmith CITY COUNCIL ITEMS OTHER C[TY MANAGER'S REPORT 4 T 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 3.1.102-35.104 ADA Title II) ;~% ;v, ~:~>. ~' -,~~. _~ <>: ~a~ v:?y~ ,y, ~g CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 4/3 , Regular Meeting 4/17 Regular Meeting 4/23 Adiourned Meeting -Public Safety Commission, Sheriff, Fire Districts 5/1 Regular Meeting 5/7 Adjourned Meetine -Finance Commission, Chamber of Commerce, SBDC 5/11 Council Retreat 5/I S Regular Meeting 6/5 Regular Meeting 6/19 Regular Meeting 6/25 Adiourned Meeting -Saratoga Union School District, Cupertino Union School District, Campbell Union School District 7/3 Regular Meeting 7/17 Regulaz Meeting 8/7 Regular Meeting -City Manager Evaluation 8/21 Summer Recess 9/4 Regulaz Meeting 9/18 Regulaz Meeting 10/2 Regular Meeting 10/16 Regular Meeting II/6 Regular Meeting I I/20 Regular Meeting 12/4 Regular Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regular Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult Day Care Center, 19655 Allendale Avenue. 6 SARATOGA CITY COUNCIL MEETING DATE: Apri13, 2002 AGENDA ITEM: I ORIGINATING~P Manager CITY MANAGER: ~~ DEPT HEAD: SUBJECT: Proclamation -Declaring the Month of June as "Scleroderma Awareness Month" RECOMMENDED ACTION: Read proclamation and present it to Mrs. Linda Decazlo. REPORT SUMMARY: Attached is a proclamation declaring the month of June "Scleroderma Awareness Month". Every yeaz the Pleasanton's Lion Club participate in Bay Area fund raising effort to Increase awareness about scleroderma. Many fund raising events are planned throughout the Month of June 2002. Last year their efforts produced $45,000 in profits of which was donated towards reseazch on scleroderma. FISCAL IMPACTS: N/A CONSEQUENCES OF NO'T FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of copy of proclamation Attachment B -Letter of Request `CITY OF SARATOGA . PROCLAMATION DECLARING THE "MONTH OF JUNE ZOU2 SCLERODERMA AWARENESS MONTH WHEREAS,:, cleroderma is a chronic, degenerative disorder which leads to the over sproduction of collagen in the body's connective tissue, becoming most serious whenit affects internal organs causing severe damage and'serious complications to the'body's digestive, respiratory, circulatory and immune "systems; and WHEREAS, scleroderma is estimatedto affect nearly 500;000 Americans, with approximately 80°70 of its victims`women who are usually in the prime of theiraives; and- WHEREAS,"the:Scleroderma Research Foundation funds and facilitates two national "centers without walls" focused exclusively on finding a cure. The Scleroderma Research Foundation's approach is collaborative and cross institutional,-with sharing of all research material; results, and i'riformation; and , WHEREAS; locally, .the Pleasanton Club of Lions'International and the Bay Area Scleroderma Support Group continue o raise money to help fund scleroderma research efforts: 1VOW, TIT~REEFORE BE IT RESOLVED.that the City Council :.,, - hereby proclaims June~2002'as "Scleroderma Awareness Month" in the City of Saratoga aid encourages all residents to become educated about scleroderma~and to snpport the efforts; of the: foundations and those sponsors who will con~xibu°fe ,funds to support research o find a cure. - .4 s v .. ; Witness our land;au~et '' ` 8aI` of the City of Saratoga on this`3rd day of .. April_~002 r~ ~ .., ` ~, MqR-13-2002 03:20 PM HUGHES 408 926 4075 P. 01 Pleasanton LIONS GLU B We Meet 2nd & 4th Tuesdays - 7:15 p.m. Mary Lou Hughes, Co-Chairperson Bay Area Sclerodelma Support Group 9'f0 Rock Canyon Cucle San Jose, CA 95127 (408) 925.4314 FAXED TO: ATTENTION: March 12, 2001 Mayor Nick Streit City of Saratoga 408867-8359 Cathleen We would like to request a Proclamation from your city that declares the motrth of 3une as "Scleroderma Awareness Month." I have attached a copy of your Proclamation from 2001 or sample wording for the Proclamation. We would greatly appreciate your support in providing a Proclamation so that we can use it in our awareness campaign and fund raising efforts. Last year, our efforts produced $45,000, the profits of which were donated toward research on sclerodetma. In an effort to increase awareness about the dssease, the Pleasanton Lions Club and the Bay Area Sclerodemur Support Group are participating in a national campaign to proclaim the month of June as "Scierodenna Awareness Month." We have various events planned, including a golf tournament and dinner on Friday, June 21, 2002, at Las Positas Golf Course in Livermore. You are cordially invited to participate. Also attached is a brief fact sheet about Scleroderma. Please mail the Proclamation to my home address in San lose (listed above). If possible, we would like to have the proclamation by April 13th so that we may include it with our fundraising documents. Thank you for your support. If you have any questions, please call me at (408) 926.4314. S~inc~ereely, `~~ n Mary L64 Hughes Bay Area Scl//eamdemta Support Group~ // ~pw.,~r.~ ~elar'!/P o~ Sctre4T'+'~eti pros (rte mw~' r o r-. ~ a.. ~o~N~`l leery Hill Pleasanton Lions Ciub !Ja 5 5~ ~~~ / ~aw+~ ~~~~~~~ ~~~ 6 r~k . P.O. BOX 286 • PLEASANTON, CALIFORNIA 84566 www.pleasantonlional9 alwaysopen.com (szs> ast-sago {Tlclcet gtnee) MqR-13-2002 03:21 PM HUGHES . . , _. ._ 408 926 4075 P. 02 5eleroderma Fact Sfieet What is Selsrodsrmn? Scleroderma is 6rcek for "hard akin," but it is not just a skin disease. It is a chronic, degenerative disorder that leads to vascular deterioration, tissue loss, and the overproduction of collagen in the body's connective tis&u. Scleredermn is most serious when it affects internal organs, causing severe damage and serious complications for the body's digestive, respiratory, eirak+tory and Immune systems. 5ckroderma Symptoms Scleroderma is so highly individualized that similar patients may be affected in marry different ways. Atone time or another you may experience one or more of these symptoms without serious wnsequences. However, if you have persistent eomplnirrts, you should pursue n closer examination. If you suffer from any of the symptoms listed below, it is advisable you consult a physician. Tightening or sweAing of tht skin • Skin thickening • Raynnud's phenomenon (hands and feet changing color in response to temperature) • Arthritis • Weight loss • Body/musek pain • Joint or bone aching • Stiffness of hands/feet • Cakinosis (white Pumps under the skin that can erupt into cholky white fluid) • Diseolorotion of the skin • Shortness of breath • Hair loss Swallowing difficulties • Heartburn • Internal organ problems Whom to See Rheumatologistsspecialize inpain and inflammation of muscles, joints or soft tissue. They ore most likely to be familiar with marry different signs of scleroderma so that a diagnosis can be made. Dermatologists specialize in skin and can also perform tests That can confirm a diagnosis. Finding a cure for Sclsrodernw The 5cleroderma Research Foundation funds and facilitates two national research "centers without walls" focused exclusively on finding a cure. Our approach is collaborative and cross-institutional, with sharing of all research materials, results, and information. Scleroderma R.eseorch Fout-dation 2320 Bath Street, Suite 325 Santa Barbara, CA 93105 Tel: (805) 563-9133 http://www.sfcure.org i SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 ORIGINATING PREPARED AGENDA ITEM: ~ .,-~ CITY MANAGER: ~~~-~'--~. DEPT HEAD: SUBJECT: Commendation for Teri Baron RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Teri Bazon outgoing Pazks and Recreation Commission Trails Subcommittee member. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING TERIBARON FOR HER SERVICE ON THE SARATOGA PARKS AND RECREATION'S TRAILS SUB-COMMITTEE WHEREAS, Teri Bazon has served on the Trails Subcommittee for many yeazs; and WHEREAS, Teri has been a dedicated and passionate trails advocate in the City of Sazatoga, providing the citizens of Saratoga with an invaluable service; and WHEREAS, Teri has advised the City and provided valuable information regazding the condition of trails and for the protection and preservation of trail easements throughout the City; and WHEREAS, Teri has been an important catalyst in the completion of numerous trail projects within the City; and WHEREAS, Teri has been an active member of the Trails Subcommittee filling a role in providing community based feedback to the group on various trials issues and raising the awazeness of the overall needs for trail constroction and repair in the City of Saratoga; and WHEREAS, Teri has been a dedicated and hard working Committee member, her contributions are greatly appreciated by the City Council and the staff; and WHEREAS, the City Council of the City of Sazatoga is,proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Teri Bazon is hereby commended and thanked for her hazd work and dedication on the Trails Subcommittee; and WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 3`d day of Apri12002. Nick Streit, Mayor City of Sazatoga r, SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 AGENDA ITEM: ORIGINATING D ~ Manager CITY MANAGER: ~~~~ PREPA BY: DEPT HEAD: SUBJECT: Appointment of Public Safety Commission Members and Oath of Office. RECOMMENDED ACTION: That Council approve the attached resolution appointing Isabelle Tannenbaum and Jim Shindler to the Public Safety Commission. The terms for these commissions will expire on 04/01/06. REPORT SUMMARY: Attached is the resolution appointing Isabelle Tannenbaum and Jim Shindler to the Public Safety Commission. The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: M N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Public Safety Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolution of Appointments Attachment B -Oath of Office RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE PUBLIC SAFETY COMMISSION WHEREAS, two vacancies were created on the Public Safety Commission resulting from the expired terms of Hugh Hexamer and Kenneth Biester; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancies: NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following reappointment was made for term expiring April 1, 2006, Isabelle Tannenbaum Jim Schindler The above and foregoing resolution was passed and adopted at an adjourned meeting of the Sazatoga City Council held on the 3rd day of April 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST Cathleen Boyer, City Clerk C~ r STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Isabelle Tannenbaum, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Isabelle Tannenbaum, Member Public Safety Commission Subscribed and sworn to before me on This 3rd day of April 2002. Cathleen Boyer, CMC City Cierk 1 STATE OF CALIFOIUVIA COUNTY OF SANTA CLARA I, Jim Schindler, do solemnly swear (or affirtri) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation`or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Jim Schinlder, Member Public Safety Commission Subscribed and sworn to before me on This 3rd day of Apri12002. Cathleen Boyer, CMC City Clerk f SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 AGENDA ITEM: ~~Ll~p ORIGINATING DEPT: Manager CITY MANAGER: =G-~u"--- PREPARED B~ ~ ~ A t ! ~_ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -February 6, 2002 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 February 6, 2002 SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 ORIGINATING DEP : Ci anager PREPARED BY: AGENDA ITEM: CITY MANAGER: ~~L%~-/~-'-- DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -February 6, 2002 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 February 6, 2002 MINUTES SARATOGA CITY COUNCIL FEBRUARY 6, 2002 The City Council of the City of Sazatoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview applicants for the Arts Commission and the Public Safety Commission. The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room_ 13777 Fruitvale Avenue at 6:00 Vim. Conference With Legal Cottnsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Court No. CV-803540) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Sazatoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION- 7:00 a.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. 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 Danielle Surdin, Economic Development Coordinator ~~ City Council Minutes 1 February 6, 2002 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 6 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 6, 2002 was properly posted on February 1, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Robert Lee, 13864 Yerba Santa, noted that he has lived in Saratoga since 1975 and has lived at his present address since 1999. Mr. Lee noted that he contacted Valley Transportation Authority (VTA) six months ago to inquire about the restrooms that aze being constructed on the corner of Allendale and Fruitvale Avenue. Mr. Lee stated that he has yet to get a response from VTA. Mr. Lee noted that he also requested from the VTA a copy of the EIR and did not get a response. Mr. Lee asked that the City contact the VTA and request that they put this project on hold. COMMUNICATIONS FROM BOARDS AND COMMISSIONS • Vice Mayor Baker noted that on behalf of the Solid Waste Management Authority JPA he would like to present a commendation to Mayor Nick Streit for representing the City of Saratoga on the JPA since December 1998. City Clerk Boyer read the commendation from the JPA and presented it to Mayor Streit. WRITTEN COMMUNICATIONS None COUNCIL DIItECTION TO STAFF Councilmember Mehaffey suggested that staff contact the VTA and request project information. Mayor Streit responded that he recently sent a letter to VTA requesting them to put a hold on the construction project and respond to the City's concerns. City Manager Anderson noted that staff would contact VTA and report back to Council and Mr. Lee. CEREMONIAL ITEMS None City Council Minutes 2 February 6, 2002 CONSENT CALENDAR lA. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -DECEMBER 5, 2001 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that Item IA be pulled from the Consent Calendaz. Councilmember Bogosian pointed the following corrections: • Page 2, 3`d pazagraph, should read, "Ms. Hunter noted that if it's the height that is the problem she has an anonvmous donor who is willing to pay to have the tree lowered". • Page 16, 1~` pazagraph, should read, "Councilmember Bogosian asked Ms. Mahrer if her neighbors would support a change in the zoning code to allow duplexes in her neighborhood". • Page 18, 2"d paragraph, should read, "Consensus of the City Council to direct staff to ask the state fora 3 month extension in order for the City to hold more public heazings and to do the required analysis of HCD's comments". BOGOSIAN/WALTONSMITH MOVED TO APPROVE COUNCIL , MEETING MINUTES OF DECEMBER 5.2001 AS AMENDED. MOTION PASSED 4-0-1 WITH STREIT ABSTAINING. 1B. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -DECEMBER 12, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that Item lA be pulled from the Consent Calendar. Councilmember Bogosian noted that he would be recusing himself from the vote because he was absent for this meeting. Vice Mayor Baker noted that on page 3 should be "south" instead of"north". Councilmember Waltonsmith requested that Item 1B be pulled from the Consent Calendaz. City Council Minutes 3 February 6, 2002 Councilmember Waltonsmith requested that the following be added to her comment "Councilmember Waltonsmith thanked her fellow colleagues for their continued support and noted that she was IookinF forward to sunnorting the Mayor's nroiects ". BAKER/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES OF JANUARY 16, 2002 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 1C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Bogosian requested that Item IC be pulled from the Consent Calendar. Councilmember Bogosian referred to the line item on page 4, Cupertino Body Shop, and asked what type of bodywork was needed on the City's new caz. Director Cherbone responded that the car had damage in the reaz quarter panel. Director Cherbone explained that it was involved in an unavoidable accident at Congress Springs Park. Councilmember Bogosian requested a report on the details surrounding the accident. Councilmember Bogosian referred to the line item on page 8, Husbands & Associates and questioned the cost of a drinking fountain. Director Cherbone noted that three fountains were purchased for $5,380.20 for EI Quito Park. BOGOSIAN/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 1D. REVIEW PLANNING COMMISSION ACTION MINUTES - JANUARY 9, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITHBAKERMQVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. City Council Minutes 4 February 6, 2002 IE. 1F 1 G. SARATOGA LIBRARY EXPANSION PROJECT PHASE II -SPECIAL INSPECTION SERVICES LIBRARY STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Mehaffey requested that Item IE be pulled from the Consent Calendar. Councilmember Mehaffey asked if this expenditure was in the original library budget. Assistant Manager Tinfow responded yes. WALTONSMITH/MEHAFFEY MOVED TO AUTHORIZE EXECUTION OF CONTRACT FOR SPECIAL INSPECTION SERVICES. MOTION PASSED $-0. ANNUAL REVIEW OF THE CITY OF SARATOGA INVESTMENT POLICY STAFF RECOMMENDATION: Approve policy. WALTONSMITH/BAKER MOVED TO APPROVE THE SARATOGA INVESTMENT POLICY. MOTION PASSED $-0. AMENDMENT TO THE NON-MANAGEMENT SALARY SCHEDULES THAT REFLECT CORRECTIONS TO THE RECREATION PROGRAM COORDINATOR AND RECREATION SUPERVISOR POSITION RANGES STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 85.9-134 RESOLUTION OF THE CITY COUNCIL AMENDING RESOLUTION NO. 01-008 MAKING APPROPRIATE ADJUSTMENTS TO THE FISCAL YEAR 2000/2001 BUDGET AND RESOLUTION 85.9-132 AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION N0.85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES WALTONSMITHBAKERMQVED TO APPROVE RESOLUTION AMENDING RESOLUTION 01-008. MOTION PASSED $-0. City Council Minutes $ February 6, 2002 1H. KSAR- EMERGENCY OPERATIONS EQUIPMENT/RELEASE OF OBLIGATION STAFF RECOMMENDATION: Release obligation. Councilmember Bogosian requested that Item 1H be pulled from the Consent Calendar. Councilmember Bogosian asked how KSAR fulfilled their obligation. City Manager Anderson responded that KSAR bought a laptop computer, have emergency bulletin board capabilities, and purchased a 100-foot extension cord that can connect the controls in the Theater to the EOC. BOGOSIAN/WALTONSMITH MOVED TO RELEASE OBLIGATION. MOTION PASSED 5-0. lI. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ALONG A PORTION OF SHADOW OAKS WAY STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: MV- 235 RESOLUTION RESTRICTING PARKING ON A PORTION OF SHADOW OAKS WAY WALTONSMITH/BAKER MOVED TO ADOPT MOTOR VEHICLE RESOLUTION RESTRICTING PARKING ON A PORTION OF SHADOW OAKS WAY. MOTION PASSED 5-0. 1J. AUTHORIZE INCREASE IN WILLIAMS SCOTSMAN INC. CONTINGENCY FUNDS AVAILABLE STAFF RECOMMENDATION: Authorize City Manager to amend contract. Councilmember Bogosian requested that Item 1J be pulled from the Consent Calendar. Councilmember Bogosian noted the PG&E should be responsible for these additional charges. Assistant City Manager Tinfow responded that PG&E indicated that it was the City's responsibility to submit our application in a timely manner. City Council Minutes ( Febmary 6, 2002 Assistant City Manager Tinfow stated that she recently contacted the Government Affairs Director of PG&E and would report back to Council at a future date. WALTONSMITH/MEHAFFEY MOVED TO AMEND CONTRACT WITH WILLIAM SCOTSMAN INC. MOTION PASSED 5-0. 1K. CONGRESS SPRINGS PARK IMPROVEMENTS -DONATION UPDATE STAFF RECOMMENDATION: Adopt resolution and accept proposal. RESOLUTION: 02-009 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $30,000 CONSTRUCTION SERVICES AT CONGRESS SPRINGS PARK Councilmember Mehaffey requested that Item 1K be pulled from the Consent Calendar. Councilmember Mehaffey asked what Youth Sports Fund purpose was used for. Director Cherbone responded that it was an account the City set up to collect funds from donations given to Congress. Springs Park. MEHAFFEY/ WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING 2002-2002 BUDGET FOR CONGRESS SPRINGS PARK. MOTION PASSED 5-0. 1L. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1; RESOLUTIONS INITIATING RENEWAL OF THE DISTRICT FOR FY 2002-2003 STAFF RECOMMENDATION: Adopt resolutions. RESOLUTION: 02-006 A RESOLUTION DESCRIBING IMPROVEMENTS AND DIItECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2002- 2003 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 RESOLUTION: 02-007 A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 2002- 2003 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 ~_~ City Council Minutes '7 Febmary 6, 2002 Councilmember Bogosian requested that Item 1L be pulled from the Consent Calendar. Councilmember Bogosian asked if there was any anticipated increase in fees. Director Cherbone responded that he does not foresee any increase although he will know for sure after he receives the Engineer's Report. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENT AND DIl2ECTING PREPARATION OF THE ENGINEERS' REPORT. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING ATTORNEYS FOR LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT LLA-I. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 2. WEST VALLEY COLLEGE USE PERMIT STATUS REPORT STAFF RECOMMENDATION: Informational only. Richazd Taylor, City Attorney, presented staff report. City Attorney.Taylor reported that at the City Council meeting of January 16, 2002 a member of the public requested an update on the history and status of West Valley College use permit and related litigation. The City Council directed staff to prepare a report on those issues. City Attorney Taylor explained that the report first provides background on the issuance and administration of the West Valley College use permit and then a discussion of the ongoing litigation. City Attorney Taylor explained the West Valley College Use Permit was granted a Use Permit in 1967 one of the key issues that was controversially at that time was whether or not they could have a stadium. The 1967 Use permit prohibited the construction of a stadium at the campus. In the eazly 70's excavation began on campus and an investigation took place and it was determined there were two sets of construction plans -one included a stadium and the other set of plans did not. The City proceeded to revise the College's Use permit more explicitly and made cleaz that a stadium was prohibited on campus. There were further disputes over what constitutes a "stadium". In 1979 the Use Permit was amended again to say "The District will not develop any new outdoor intercollegiate sports facilities with permanent sound system or permanent seating or permanent lights on the Sazatoga City Council Minutes g February 6, 2002 campus. No sports stadium will be built on the campus. No existing outdoor facility or area of the campus will be modified to include lights, sound, seats or other accommodations for intercollegiate sports or other spectator events." City Attorney Taylor explained that in 1979 the District also agreed to be bound by this amendment regazdless of any further changes to the use permit. The permit stated: • Should any or all of the other provisions of this use permit (other than condition #7) be declared null, void, or invalid, then this section (condition #7) shall remain as a sepazate binding agreement between the City of Saratoga and West Valley Joint Community College District with regazd to the use of the land on which the Saratoga campus is located. City Attorney Taylor explained that the City adopted these provisions without objection by the District. In the 1990s, the College began hosting spectator- oriented events at the site of the proposed stadium. Between 1996 and 1998, the District formalized its stadium proposal by purporting to act pursuant to Government Code section 53094 to exempt the stadium and the remainder of the West Valley campus from the requirements of the Sazatoga City Code. City Attorney. Taylor stated that in response to the District's attempt to exempt itself from the City's zoning ordinance and all permits issued pursuant to the zoning ordinance, the City filed suit against the District in 1996. The Superior Court ruled in favor of the District on both issues. The City has appealed and argument before the Court of Appeals is scheduled for March 5, 2002. City Attorney Taylor stated that the City is of the view that (1) the stadium is a "nonclassroom facility" and is therefore not eligible for the exemption and (2) the District may not adopt a single resolution exempting all uses on campus from the City's zoning ordinance because the statute requires a separate 2/3 vote of the Trustees for each use that the District seeks to exempt from City zoning. The District azgues that the stadium is a classroom facility and that it has the authority to adopt a single resolution exempting all classroom facilities from all City and County regulations. On a final note, City Attorney Taylor stated that the Court of Appeal would consider these legal issues. The City is schedule to appeaz before the Superior Court on Mazch 5, 2002. The City Council thanked City Attorney Taylor for his report. Mayor Streit requested to move to Item 6. Consensus of the Council to move to Item 6. City Council Minutes 9 February 6, 2002 NEW BUSINESS 6. WEST VALLEY MISSION COLLEGE DISTRICT BOND MEASURE E STAFF RECOMMENDATION: Informational only. Councilmember Bogosian noted that he has been advised by the City Attorney to recuse himself from participating in this item. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that at the City Council meeting of January 16, 2002 a member of the public requested that the City review the West Valley- Mission Community College District Bond Measure ("Measure E") that will be considered by the voters at the March 5, 2002 election. The City Council directed staff to obtain information on Measure E and to present that information to the City Council. City Attorney Taylor explained that the measure would authorize issuance of up to $268,653,300 in bonds. Bond funds will be used for a number of specified projects at Mission College and at West Valley College in Sazatoga. The bond measure notes that the timing of projects and the allocation of bond monies will depend on the receipt of state matching funds and other factors. The measure would direct the District to appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salazies or administrative expenses. The measure does not specify the composition of the oversight committee. City Attorney Taylor noted that the District has estimated that the annual tax rate necessary to finance repayment of the bonds during fiscal year 2002-03 would be $14.07 per $100,000 of assessed valuation. The District has further noted that this figure is an estimate only and that the actual tax rate will depend on factors such as the timing and manner in which the bonds are issued, the bond market, and the assessed value of property within the District. City Attorney Taylor explained that the City Council has three options available with respect to Measure E: 1. Simply accept this report and take no further action. 2. Take a position in support or opposition to the measure. 3. Direct staff to conduct an additional investigation of the measure and prepare a detailed and objective analysis of the effects of the measure on the City. City Attorney Taylor reminded the City Council that although the City Council may take a position on the measure, the City may not make public expenditures to advocate a position in support of or opposition to the measure. Any information provided by the City to the public regazding the measure must be fair and objective. The courts and the Fair Political Practices Commission have made clear City Council Minutes 1 Q February 6, 2002 that public agencies may not use taxpayer funds to promote a particulaz position on a ballot measure. - City Attorney Taylor noted that he suggest the Council consider the matter, listen to public testimony and direct staff accordingly. Patty Browder, 13800 Yerba Santa Court, noted that she has lived here for 27 years and West Valley College has always been a good neighbor. Ms. Brawder noted that she supports Measure E. Dr. Mazchelle Fox, President/West Valley College, noted that she is speaking as a resident of Saratoga not as the President of West Valley College. Dr. Fox defended the education and enrollment at West Valley College indicating that West Valley College students aze guaranteed admission to many private and public universities. Charles Butterfield, 1566 La Pradera Drive, stated that if a stadium were to be built at West Valley College property values would go down due to an increase in noise and traffic. Mr. Butterfield noted that a stadium would be a negative impact on the residents of Saratoga. Rick Rowe, 13615 Ronnie Way, noted that he and his family moved to Saratoga five years ago from Minnesota. Mr. Rowe noted that he agrees that West Valley needs upgrades, but the idea of a $5.5 million dollar allocation for a stadium troubles him. Mr. Rowe noted that he opposes Measure E. Richazd Wilson, 12500 Jolene Court, noted that he does not support a stadium at West Valley College. Mr. Wilson noted that the ballot measure was poorly written. Mr. Wilson noted that if the stadium was truly beneficial to the community then it should have been presented in the open not hidden in the ballot measure. Mr. Wilson noted that he opposes Measure E. Ronald Schoengold, 19000 Sazatoga Glen Place, noted that he is the President of the Sazatoga Woods Homeowners Association representing over 400 families. Mr. Schoengold stated that the Saratoga Woods Association is opposed to any money being spent on a stadium and would vote no on Measure E. Cheriel Jensen, 13737 Quito Road, noted that she is the treasurer for the campaign opposed to Measure E. Mrs. Jensen noted that one out of every nine residents have given a donation to oppose Measure E. Mrs. Jensen noted that 40% of West Valley students are not even Saratoga residents. Mrs. Jensen urged the Council to take a position against measure E. Erna Jackman, 14515 Oak Street, noted that although she does not live neaz West Valley College, but a stadium would still affect her. Mrs. Jackman noted traffic would increase on Big Basin and Saratoga-Sunnyvale Road. Mrs. Jackman urged the Council to oppose Measure E. Ciry Council Minutes 1 ] February 6, 2002 Dr. Cynthia Barry, 19281 San Marcos, noted that West Valley College has a long history of going against City policy and City code and then Bening ever doing so. Dr. Barry described such incidents: • Cutting down trees • Polluting the creek • Construction of bathrooms at the new VTA bus station located on the corner of Allendale/Fruitvale Avenue Betty Jo Stewart, 12517 Palmtag Drive, noted that she is opposed to Measure E. I.D. Allen, 14426 Black Walnut Court, noted that he is opposed to Measure E. Willys Peck, 14279 Saratoga Avenue, noted that he is the President of the West Valley Mission College Foundation and a Saratoga resident and taxpayer. Mr. Peck noted the real issues behind the measure is that the West Valley campus is in desperate need of facility improvements. Mr. Peck requested that the Council not lose site of the real issues, but look at the facts. Vic Monia, 14665 Granite Way, noted that he has been fighting against the construction of a stadium for 30 yeazs. Mr. Monia noted that every City Council in Saratoga has opposed a stadium at West Valley College. Mr. Monia requested that the City Council take a position opposing Measure E. Rachel Zierdt, 14345 Maclay Court, noted that she has been a public school teacher for 33 yeazs and has always supported school bonds. Mrs. Zierdt noted that she would be voting no on Measure E. Gene Funazi, 20460 Sazatoga-Los Gatos Road, noted that she was representing the Sazatoga Chamber of Commerce. Ms. Funazi noted that the Chamber of Commerce and the Board of Directors support Measure E. Ms. Funari noted that West Valley College is a valuable asset to the community. Ms. Funazi urged the Council to support facility improvements that aze desperately needed at West Valley College. Councilmember Waltonsmith asked Ms. Funazi if the Chamber is officially supporting Measure E. Ms. Funari responded that the Board of Directors took a vote at their last boazd meeting to support the measure. Sharon Kelkenberg, 14014 Pierce Road, noted that she supports Measure E and stated that thousands of Saratoga residents have attended West Valley College. Ms. Kelkenberg noted that the City should be proud to have a community college in Sazatoga. Ms. Kelkenberg noted that in an open letter from the Chancellor of West Valley College, she talked about adding a few bleachers, never mentioning a stadium. Ms. Kellkenberg informed the Council that the League of Women's Voters would be holding a community forum on all of the bond measures Thursday, February 21, 2002 at 7:30 p.m. in the Saratoga Community Center. City Council Minutes 12 February 6, 2002 Councilmember Waltonsmith referred to a list of proposed projects at West Valley College and pointed out to Mrs. Kelkenberg that the bond measure has allocated $5.5 million dollazs for bleachers. Marlene Duffin, 21241 Canyon View Drive, noted that she is a past member of the West Valley Boazd of Trustees. Ms. Duffin noted that she supports Measure E. Linda Lawson, 14090 Elvira Street, noted that she is an instructor at West Valley College and a Saratoga resident for the past 20 years. Ms. Lawson explained that the College is in need of facility repairs such as new cazpet, a new HVAC. system, bathroom renovations, and new roofs. Ms. Lawson noted that she supports Measure E. Jim Stallman, 19740 Braemaz Drive, urged the Council to oppose Measure E. Mr. Stallman also suggested that the City and West Valley College somehow "bury the hatchet" and resolve the ongoing and past problems the two groups have had. Wendy Weisman, 14147 Squirrel Hollow Lane, noted that she supports Measure E. Ms. Weisman noted that the College is not proposing a new stadium, but just improvements to the existing athletic fields. Jeffery Schwartz, San Mazcos Road, noted that he is on the Board of Trustees at West Valley College, but tonight he was speaking as a resident of Saratoga. Mr. Schwartz requested the City Council oppose Measure E. Mr. Schwartz pointed out the results of how West Valley College ranked on the study of education by the State Chancellors Office. Stan Bogosian, 20630 Lomita Avenue, noted that he was speaking as a private citizen and a Sazatoga taxpayer. Mr. Bogosian noted that he has spent his whole career in education, teaching grade school to adult education. Mr. Bogosian urged the Council to vote no on Measure E. Mr. Bogosian noted that the City of Sazatoga cannot afford more traffic congestion that a lazge stadium would bring. Kathy Dougherty, 19980 Herriman Avenue, stated that West Valley College needs facility improvements and noted that she supports Measure E. John Feemster, 18800 Ten Acres Road, noted that he is opposed to Measure E. M.azcia Faziss, 18983 Sazatoga Glen Place, noted that the West Valley College Board is fiscally irresponsible and have communication skills. Ms. Faziss noted that the College should have had two sepazate bonds, one for a stadium and the other for facility improvements. Dora Grens, 13451 Old Oak Way, noted that when West Valley was first built in Saratoga in the 70's, the Superintendent signed a contract that stated they would , never build a stadium. City Council Minutes 13 February 6, 2002 Vice Mayor Baker thanked everyone for attending tonight's meeting. Vice Mayor Baker noted that West Valley College made a serious strategic mistake including the athletic stadium in the measure. Vice Mayor Baker noted that he thinks that the College does a good job academically and is an excellent member of the community. Vice Mayor Baker noted that for three years he was part of an Ad Hoc committee formed to work with the College and in that time no progress was made with the Boazd. Vice Mayor Baker noted that he opposes Measure E. Councilmember Waltonsmith noted that she has always voted in favor of all bond , measures for education. Unfortunately, Councilmember Waltonsmith noted that she has several problems with Measure E such as: • How the list of projects was comprised • Financing • Amount of money allocated for West Valley College Councilmember Waltonsmith noted that when Sazatoga High School wanted to build in Saratoga it had to come to the City and ask for the Use Permit. The District wanted to build an athletic facility with bleachers. The City allowed them to build including this field in their plans, as long as there were no night games. To this day their night games aze played in Los Gatos. Councilmember Waltonsmith noted that she opposes Measure E. Councilmember Mehaffey noted that West Valley College is a tremendous asset to the community. Councilmember Mehaffey noted that he was also a part of the Ad Hoc committee mentioned by Vice Mayor Baker. Councilmember Mehaffey noted that he knows the College needs the money, but as he read the whole measure, there is no mention of a stadium, although there is $5.5 million dollars allocated for sports facility. Councilmember Mehaffey noted that he does not trust the Board and requested staff draft a resolution opposing Measure E. Mayor Streit noted that West Valley College is in need of facility repairs, but in regards to Measure E. the Council and the citizens of Sazatoga have not been presented with all the facts. Mayor Streit stated that he concurres with his colleagues and opposes Measure E. Consensus of the City Council to direct staff to draft a resolution opposing measure E and return to Council for approval on February 12, 2002. Mayor Streit declazed a 10 minutes break at 9:15 p.m. Mayor Streit reconvened the meeting at 9:25 p.m. Ciry Council Minutes 14 February 6, 2002 OLD BUSINESS 3. SARATOGA LIBRARY EXPANSION PROJECT - PHASE II ALTERNATES STAFF RECOMMENDATION: Authorize change orders to contract. Lorie Tinfow, Assistant City Manager, presented staff report: Assistant City Manager Tinfow explained that at the meeting of January 8, 2002 Council awarded the construction contract for Phase II of the Sazatoga Library Project to Thompson Pacific Construction for $8,898,000. At that meeting Council expressed interest in the three alternatives that would result in energy savings once the building is operating. Assistant City Manager noted that staffwas here tonight to request authorization to staff to initiate change orders in the amount of $99,000 for the addition of dual pane window alternatives and digital control system for HVAC equipment. Assistant City Manager explained that Gilbane and Field Paoli agree that the dual pane windows and the digital control system are good investments and neither one believe that substituting McQuay units in place of Trane is a good idea, because the initial payback for the initial investment is too long. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE CHANGE ORDERS IN THE AMOUNT OF 599,000 FOR CHANGE ORDERS. MOTION PASSED 5-0. Mayor Streit requested to move to Item 7. Consensus of the Council to move to Item 7. NEW BUSINESS 7. MID YEAR BUDGET AMENDMENTS FOR FY 2001/02 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 02-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001/02 BUDGET Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that the resolution before the City Council proposes adjustments to the mid year Budget for FY 2001-2002. The resolution primazily City Council Minutes ] 5 February 6, 2002 reflexes three types of changes 1) Fund Balance 2) Revenue Projections 3) Expenditure Estimates. Director Baloca stated that the City remains in a strong fund balance condition. Director Baloca stated that the yeaz started offwith a surplus of $2,966,627, of which $1,649,542 was attributed to the General Fund. General fund operations continue favorably with total revenue at 50.5% and expenditures at 48.5%. Although the City has experienced decline in some tax revenues, such as transfer, construction, and transient occupancy, the City has been fortunate to have other revenues as refunds/reimbursements, fines, and donations that offset. Net,revenue adjustments to the general fund, $101.771, reflect a reassessment of these revenues. Director Baloca noted that revenues most significant to the general fund's stability include property taxes, sales taxes, and motor vehicle license fees, which make up 58.4% of the budget. The projection for property taxes has increased by $20,605 reflecting a recent formula change on how TEA revenues aze distributed to cities. Sales tax reflects an 11 % decline in the first half of the yeaz of activity that has been applied to the yeaz-end projection. Motor vehicle license fees remain as projected. Director Baloca stated that adjustments to the Development Services Fund primazily reflect eazly revenue spikes in geology review and engineering fees resulting form the Sobrato Project. Community Development revenues such as planning fees and building permits have experienced significant decline in activity. Director Baloca stated that fortunately it's projected building permits and plan check fees from the Odd Fellow project will balance out the decline towazds the end of the fiscal year. Director Baloca explained that a general fund adjustment of $71,925 reflects a shortfall in the amount budgeted for the two additional traffic officers approved in the prior mid-yeaz budget. Director Baloca noted that the Streets and Roads fund reflects an expenditure reduction of $3 million reflecting anticipated delays with the Quito Road Bridge, Cox Avenue, EI Camino Grande, and Saratoga-Sunnyvale Enhancement Projects. General fund support of $1.5 million will be retained in the general fund until fiscal year end. These projects will be re-appropriated in the CIP budget next fiscal year. Director Baloca noted that the General Fund June 30, 2002 should be $6.5 million and an undesignated Fund Balance of $2.8 million. Vice Mayor Baker noted that is no appropriate to say the whole $2.8 million is undesignated, when in fact $1.4 million of it has been committed to be spend on streets and roads and paving. City Council Minutes 16 February 6, 2002 City Manager Anderson stated that mechanically this was done because the City had three or four capital projects imbedded in the operating budget from last year. City Manager Anderson noted that the timing did not work out so the money could not be spent, so the funds were rolled over. City Manager Anderson explained that in order to prevent this form happening again, staff would be taking those projects out of the operating budget and putting them in a CII' fund that is sepazate from the general operating budget. This will allow the funds to continue at the end of the year until spent or released. 4. Director Baloca noted that this next budget process his goal is to pull all the CIP projects out of the operating budget even the ones that exist now. This will prevent re-appropriating funds at the end of the yeaz. Councilmember Waltonsmith asked why there was an additional $71,00 for the Sheriff's Department. Director Baloca explained the money was allocated for the rest of the fiscal year for salazies and benefits that was originally only budgeted for half a year instead of the entire yeaz. Mayor Streit asked Captain Bacon how the City's budget is doing overall for the year. Dennis Bacon, Captain/SCC Sheriff's Department, responded that the Department is within budget. The City Council thanked Director Baloca for his report. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001/02 BUDGET. MOTION PASSED 5-0. AB 680 LEGISLATION STAFF RECOMMENDATION: Authorize Mayor to send letter to legislators opposing AB680. Dave Anderson, City Manager presented staff report. City Manager Anderson explained that AB680 is legislation that affects local government in the temtory served by the Sacramento Area Council of Regional government. It proposes to redistribute local government's Bradley Burns sales tax and use tax growth on a 1/3 situs, 1/3 per-capita, 1/3 contingent upon the local agency's general plan begin approved by the regional board as it relates to adherence to "smart growth" principals. City Council Minutes 17 February 6, 2002 City Manager Anderson explained that the League of California Cities and the City's legislative consultant, Gonsalves and Son, recommend opposition to this legislation. BOGOSIAN/MEHAFFEY MOVED TO AUTHORIZE THE MAYOR TO SEND A LETTER OPPOSING AB680. MOTION PASSED 5-0. INTRODUCTION GRASSROOTS REPRESENTATIVE REBECCA ELLIOT STAFF RECOMMENDATION: Informational only. Consensus of the City Council to continue Item 5 to February 20, 2002. FY 2001/02 CITY/COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)CONTRACT STAFF RECOMMENDATION: Authorize City Manager to execute contract. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained that Sazatoga receives Community Development Block grant (CDBG) funds as a member of the County of Santa Clara Community Development Block grant Joint Powers Authority. As a result, the City is required to execute an annual contract with the County that outlines the obligations and fiscal responsibilities of each party. BAKER/MEHAFFF,Y MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH THE COUNTY OF SANTA CLARA. MOTION PASSED 5-0. 9. APPOINTMENT OF A CITY COUNCILMEMBER AS 2Nn ALTERNATE ON THE EXPRESSWAY STUDY POLICY ADVISORY BOARD (PAB) STAFF RECOMMENDATION: Appoint alternate. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reminded the Council that on December 19, 2002, the Sazatoga City Council appointed Councilmember Ann Waltonsmith and Mayor Nick Streit to represent the City of Saratoga on the PAB. u City Council Minutes 18 Febmary 6, 2002 City Clerk Boyer noted that occasionally situations azise when both the appointed Councilmember and the alternate are not able to attend a meeting. To guazantee the City would be represented at all PAB meetings it would be the appropriate time to appoint a 2"d alternate. The first meeting the 2"d alternate is requested to attend is scheduled for Thursday, May 23, 2002 at 7:30 p.m. MEHAFFEY/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER BAKER AS THE 2ND ALTERNATE TO THE PAB. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Mayor Streit reported the following information: Hakone Foundation -the Boazd of Director decided to hire a communications director. Vice Mayor Baker reported the following information: Emergency Planning_Council -Continuing to work on integrated coordinated plans in the event of an emergency. West Valley Solid Waste JPA -The City of Saratoga was the only City to bring back recommendations in regards to the renewal of the Curbside Recycling Program with Green Valley. The JPA approved the household batteries recycling program effective June 2002. Councilmember Bogosian reported the following information: Legislative Task Force -Requested direction from his colleagues. Councilmember Bogosian explained that the Legislative Task Force and the Silicon Manufacturing Group have formed a relationship. Councilmember Bogosian reminded the Council that the Manufacturing Group supported the Dunn bill. Councilmember Bogosian asked to what extent does the City want to participate in this Task Force and how he should represent the City. Councilmember Bogosian requested that this issue be agendized for the next City Council meeting. Vice Mayor Baker noted that he would support Councilmember Bogosian's request to agendize the issues surrounding the Legislative Task Force. Councilmember Bogosian continued his report: Silicon Valle~Animal Control JPA -Announced that he was elected Chair and the Vice Chair is now Fred Fowler. The JPA is planning on building a shelter in the near future. According to the DMG study it is estimated to cost up to $6.5 million dollazs. Sazatoga's share is estimated to be up to $520,000. Councilmember Bogosian noted that the JPA is looking at leasing some land in Santa Clara. Councilmember Bogosian noted that the JPA must have the shelter up and running by June 2003. Councilmember Waltonsmith reported the following information: SASCC -Voted to move their annual fundraiser to October. Annual luncheon is scheduled for February 13, 2002. Recently received aping-pong table to help reach out to the Chinese community. The Board also finalized the Executive Directors health benefit package. City Council Minutes 19 Febmary 6, 2002 Sister Citv -July 26, 2002 the Japanese exchange students would be at City Hall for the tour and presentation by the Mayor. Councilmember Mehaffey reported the following information: County HCD Policy Advisory Board -noted that the HCD would meet in on February 7u` to go over all of the funding allocations and would heaz from grant applications. CITY COUNCIL ITEMS Councilmember Bogosian requested that an agenda item be placed on the next City Council agenda to discuss terminating the Chamber of Commerce lease. Councilmember Waltonsmith noted that she supported Councilmember Bogosian's request. Councilmember Bogosian requested a status report on the contract negations with the County Library. Councilmember Bogosian requested that staff investigate the recent masonry work done at the Madronia Cemetery. Councilmember Waltonsmith noted that she recently received a letter from the Safe Ride Program explaining that they will no longer be providing service because they cannot fulfill their insurance obligations. Waltonsmith requested staff to investigate this issue and report back to Council. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that the City would be holding a Community Meeting in the Civic Theater on February 26, 2002. Mike Evanhoe/VTA, would be reporting on the Highway 85 Mitigation Report. City Manager Anderson stated that this meeting would be televised. ADJOURNMENT Mayor Streit adjourned the meeting at 11:00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 20 February 6, 2002 SARATOGA CITY COUNCIL MEETING DATE: Apri13, 2002 AGENDA ITEM: ~ / ORIGINATING DEPTj.L'it~l anager CITY MANAGER: ~~~`"~'~"' PREPARED BY: I ~I / DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regulaz meeting - Mazch 6, 2002 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 March 6, 2002 MINUTES SARATOGA CITY COUNCIL MARCH 6, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:00 p.m. Conference With Legal Counsel -Existing Litigation (3 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of Case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Pazker 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. In addition, Mayor Streit noted that there was no action taken after the continued Closed Session discussion on February 2Q, 2002. Mayor Streit called the Re lar Citv Council meeting to order at 7:00 p. m. and requested Richard Taylor, City Attorney, 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 Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director REPORT O_F CITY CLERK ON POSTING OF AGENDA FOR MARCH 6. 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 6, 2002 was properly posted on March 1, 2002. Ciry Council Minutes 1 Mazch 6, 2002 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Don Zonic, 12480 Woodside Court, noted that he and his family aze new to the Brookview neighborhood. Mr. Zonic noted that in September he received a newsletter from the Brookview Homeowners Association that discussed mail/identity theft incidents. In January he received a letter from the Post Office indicating that he and his family were victims of identity theft, the thieves were apprehended, but unfortunately skipped bail. Mr. Zonic pointed out that he thinks there aze gaps between the Post Office, Sheriff's Office, and the City Council. He suggested one person be assigned to address this issue so other citizens would could avoid the long process that he experienced. Ed Fazrell, 20877 Kittridge Road, discussed the pazking provisions that were defended by Chief Kraule before the Planning Commission last fall. Chief Kraule told the Planning Commission that a new fire station would only need 15 pazking spaces. Mr. Fazrell noted that Chief Kraule was wrong and the station would need 25 pazking spaces to accommodate four crew members, two medics, a management staff of five and the shift change crew that is on the property at 8:00 a.m. 7days a week. Mr. Farrell requested that the City designate 25 pazking stalls only to be used by fire station employees during the time of shift changes, 8:00 a.m., the other 23 hours of the day the fifteen spaces would be open to the public. Cheriel Jensen, 13737 Quito Road, noted that she recently found out that the Highway 85 grinding process would soon begin. Mrs. Jensen noted that her concern is that there might not be any money left for an asphalt overlay if the grinding does not work Mrs. Jensen urged the Council to take a position on this issue and agendize it for a future discussion. Vic Monia, 14665 Granite Way, thanked the City Council for taking a position and opposing Measure E. Mr. Monia thanked all the residents who voted no on Measure E and thanked everyone who helped campaign opposing Measure E. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None Ciry Council Minutes 2 Mazch 6, 2002 COUNCIL DII2ECTION TO STAFF In regazds to Mr. Zonic's comments regarding mail and identity theft, Vice Mayor Baker requested that staff contact the Sheriff's Office and the Postmaster to find out what is being done and what progress has been made on mail/identity theft. Vice Mayor Baker requested that staff report back to Council on a regular basis. In regards to Mrs. 7ensen's comments, Vice Mayor Baker requested that staff provide Council with afollow-up report in regards to the Community Meeting that was held on February 26, 2002 on the Highway 85-Noise Mitigation Report. Councilmember Bogosian noted that he supports Vice Mayor Baker's request for a report on mail and identify theft. Councilmember Bogosian suggested that staff' contact other cities to see what measure they have taken. Councilmember Mehaffey noted he concurred with his colleagues that mail and identify theft is a problem. Councilmember Mehaffey noted that Mr. Zonic had to go through a long process to solve his problems and suggested that the City work with the Post Office and the Sheriffl s Office to coordinate a single point of contact that citizens could go to help them with these kinds of problems. Councilmember Waltonsmith noted that she supports Vice Mayor Baker's request for a follow-up report on Highway 85. City Manager Anderson noted that the Post Office and the Sheriffls Office have recently formed a Joint Task Force and have been going to neighborhoods to talk to them about thefts that have occurred and options to make their mail more secure. City Manager noted that he would contact the Sheriff's Office and the Post Office and would return to Council with a full report. Mayor Streit requested that the Council move to Item 6. Consensus of the City Council to move to Item 6. NEW BUSINESS 6. SANTA CLARA VALLEY WATER DISTRICT-SEMI ANNUAL UPDATE STAFF RECOMMENDATION: Informational only. Greg Zlotnick, Santa Clara County Water District, District 5 Director, thanked the City Council for allowing him to brief the Council on activities that the District has undertaken in the City of Sazatoga. The West Valley Water Shed, in which Saratoga sits, has 90% of the improved channels have been restored to their design capacity for flood control. Mr. Zlotnick explained that the District has removed 56 thousand cubic yards of sediment from 2 miles of channel and 630 feet of stream bank has been repaired in the watershed. In Saratoga, the District recently completed an erosion repair project on Calabzas Creek at Quazry Road that cost City Council Minutes 3 Mazch 6, 2002 about $45,000. In 2004 the District would start to plan a project at Calabzas Creek from Miller Avenue to Wazdell Road in which construction would start in 2007. Mr. Zlotnick noted that the District plan to continue to work with the City to construct trails along Saratoga Creek and continue to work on the water quality problems. Mr. Zlotnick noted that Sazatoga receives water from District and San Jose Water Company. Mr. Zlotnick announced that the District would be holding the 2"d Annual Land Use Summit on Thursday, May 23, 2002. The primary focus would be how land use decisions effect water supply and demand and how land use planning can aid in protection to our ground resources in the County. Vice Mayor Baker asked why Lexington Reservoir was drained. Mr. Zlotnick explained that Lexington Reservoir is drained every yeaz for providing capacity for in flow during the winter and also to do need maintenance work. Mr. Zlotnick noted that he would be happy to provide the Council with a brief summary of what exactly goes on while the reservoir is drained. Cheriel Jensen, 13737 Quito Road, reminded the Council that last yeaz they passed a pesticide ordinance and urged the District to limit their use of pesticides and herbicides. Mr. Zlotnick noted that he would take her comments into consideration. COMER DEBRIS BASIN MODIFICATION PROJECT STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that attached to staff report Council received a copy of the Comer Debris Basin Engineering Feasibility Study and noted that the Santa Clara Valiey Water District staff was here tonight to present a report to Council on the status of the Comer Debris Basin Modification Project. Director Cherbone noted that the Modification Project was a study to determine the impact of the basin on the creek and watershed, and the potential impacts of removing the basin. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impact, and whether the removal of the debris basin benefits the watershed. Director Cherbone noted that the District held two public meetings to gather input and a notice of tonight's meeting was sent to the District list of interested parties. City Council Minutes 4 Mazch 6, 2002 Director Cherbone noted that the District's report includes vazious alternative solutions such as: 1. Alternative 1 - Do Nothing. 2. Alternative 2 -remove entire headwall and wingwalls. Grade channel in uniform slope 1,300 feet upstream of Comer Drive. 3. Alternative 3 -Remove entire headwall and wingwalls. Construct a stepped channel to create small falls and pools. Grade slope 500 feet upstream of Comer Drive. 4. Alternative 4 -Remove upper 3 feet of headway, leave wingwalls. Grade uniform slope 50 feet upstream of Comer Drive. Construct single step at upstream end to match existing channel bed. Director Cherbone briefly explained the history behind the Comer Debris basin stating that is was constructed in 1973 to assist the District in maintaining the Calabzas Creek Channel capacity for high winter flows. Although the basin worked effectively to impound sediment, there may have been downstream impacts. Director Cherbone noted that the current need of the debris basin is questionable because the upstream quarries, which contributed to most of the sedimentation. Jason Christie, Enginezr/Santa Clara County Water District, explained that in addition to the alternatives Director Cherbone explained, the Districts engineers' hydraulic calculations show that 5 inches of water would flow over Comer Drive Bridge during the 100-year flood flow. Mr. Christie noted that he needed to find out how much it would cost to fix that problem. Raise the bridge and regrade the approaches to the bridge for approximately $300,000. Councilmember Bogosian asked if any of the mitigation efforts presented tonight would make it worse for the property owners downstream. Mr. Christie responded if the dam and the sediment were removed the flow of sediment would not be changed. Mr. Christie noted that they do not anticipate further erosion downstream. Councilmember Waltonsmith referred to a diagram in the Feasibility Study and asked if it described the District decision to try and even out the slope. . In response to Councilmember Waltonsmith, Mr. Christie explained that the District has not made a decision; the Feasibility Report was intended to look to several different scenarios. Mr. Christie explained Alternative 3, stating that the District could remove the entire headwall and wingwalls, construct a stepped channel to create small falls and pools. Mayor Streit stated that Alternative 3 would have the least impact upstream. City Council Minu[es $ Mazch 6, 2002 Councilmember Mehaffey asked what the District would do with the sediment they would be removing from the creek. Mr. Christie explained that it is good soil; the District could probably sell it to a contractor for a road project. Councilmember Mehaffey asked who would pay for the proposed project. Director Zlotnick responded that it might come out of a zone account or from funds generated from Measure B. Robert Wallace, Foothill Lane, stated that he would like to see the creek restored back to the way it was in 1973. Mr. Wallace suggested that the dam and the walls on the west side be removed. Mr. Wallace noted that the other wall should stay in order to save an oak tree. In regards to all the sediment, Mr. Wallace suggested placing it all on the west side and any extra should be left to flow downstream naturally. Lawrence Clifford, 12985 Pierce Road, noted that he has followed this project from the beginning. Mr. Lawrence noted that the after reading the Comer Debris Basin Engineering Feasibility Study; he found that nowhere did it mention erosion control. Mr. Clifford noted that the property owners downstream have lost parts of their yards due to erosion. Mr. Clifford urged the Council not to support this project. Lawrence Ives, noted that he owns the property adjacent to the debris basin since 1994. Mr. Ives noted that he thinks that the creek should be left as is. Patty Ting, Wardell Road, noted that she representing her mother. Ms. Ting noted that she agrees with Mr. Clifford that erosion is their main concern. Mr. Zlotnick noted that the Feasibility Report was not intended to address all of the concerns voiced tonight. Mr. Zlotnick noted that as the project moves forward a CEQA report would have to be done by the District. If the project moves forwazd, Councilmember Bogosian asked who would be responsible if erosion does occur. Mr. Zlotnick noted it is the District's project. Councilmember Mehaffey stated that he feels the less grading the better because of possible heavy metals and other toxic substances that could be in the soil. Mr. Zlotnick responded that the Regional Water Quality Control Board mandates soil testing. Councilmember Waltonsmith noted that she supports the District's efforts but noted that she does not want the creek to be damaged any more that it already has. City Council Minutes ( Mazch 6, 2002 Councilmember Bogosian noted that he supports Alternative 3. Vice Mayor Baker asked Mr. Zlotnick what he would do to address his three concerns in regards to the homeowners who live along the creek: 1) flood control 2) minimizing erosion 3) least impact. Mr. Zlotnick noted that he does not have enough information to make any suggestions. Mr. Zlotnick noted that he needs direction from the City Council to go forward with the project or were there enough questions on potential impact to where the project should not go forwazd. Mr. Zlotnick noted that he would, be willing to come back in a few months and give the Council another update. Vice Mayor Baker noted that he feels the City Council does not have enough information to make a recommendation on the project. Mr. Zlotnick noted that there is enough information to know that the District will be able to mitigate impact. Mayor Streit noted that he feels this project should go forward and perhaps come back to the Council after the District completes their process. PUBLIC HEARINGS 3. SECOND READING OF ORDINANCE ADOPTING RULES AND PROCEDURES FOR CITY COMMISSIONS STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the second reading; adopt ordinance. TITLE OF ORDINANCE: 203 AN ORDINANCE ESTABLISHING REQUIREMENTS AND PROCEDURES FOR CITY COMMISSIONS Richard Taylor, City Attorney, presented staff report. City Attorney Taylor noted that at the City Council meeting of February 20, 2002 the City Council introduced an ordinance establishing various standards for City commissions. The ordinance would establish (1) procedures for posting commission vacancies, (2) eligibility requirements, (3) attendance requirements, (4) procedures for removing Commissioners and filling vacancies, (5) meeting requirements, and (6) consistent rules of procedure. These rules would apply to Commissions as well as other City committees and boards. Although a second reading would ordinarily be presented as a consent calendar item the City Council directed that this matter be set for an additional public hearing. Ciry Council Minutes 'J March 6, 2002 City Attorney Taylor noted that prior to introducing the ordinance on February 20, 2002, the Council amended the draft prepared by staff to (1) provide that no person . can serve on more than one Commission at a time (this requirement does not apply to committees, boazds, and other non-commission groups established by the Council), (2) change the attendance requirement to provide that a Commissioner's seat becomes vacant if the Commissioner has three consecutive unexcused absences, (3) direct Commission secretaries to mail attendance reminder notices to Commissioners who have missed two consecutive meetings, and (4) provide that no person can serve as a Commission chair for more than one term in any four year period. These amendments have been incorporated into the attached copy of the ordinance. Councilmember Waltonsmith asked if a commissioner could apply directly to another commission when their term is expired. City Attorney responded yes they could apply to another commission. Councilmember Mehaffey suggested that the expiration dates for the commissioners be staggered so there is no more than two expired terms at a time. Vice Mayor Baker noted that he supports Councilmember Mehaffey's suggested that no more than two commissioners' terms ends in one year. City Attorney noted that he would bring an amendment back to Council at a future meeting. Mayor Streit opened the public hearing at 8:25 p.m. Mayor Streit closed the public hearing at 8:26 p.m. BAICER/WALTONSMITH MOVE TO ORDINANCE ESTABLISHING REQUIREMENTS AND PROCEDURES FOR CITY COMMISSIONS. MOTION PASSED 5-0. BAICER/WALTONSMITH MOVE TO DIRECT STAFF TO PREPARE PROCEDURE TO STAGGER TERM EXPII2ATION DATES ON THE C[TY' S COMMISSIONS. MOTION PASSED 5-0. 4. HOUSING ELEMENT/MIXED -USE PROJECT SITES STAFF RECOMMENDATION: Open public hearing; close public heazing; provide direction to Staff regarding the locations of potential mixed-use projects to be included in the Housing Element. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan briefly explained that the Department of Housing and Community Development required that the City identify individual parcels of land that may convert to Mixed-Use within the next five years. Since the Mixed-Use Ciry Council Minutes g Mazch 6, 2002 Councilmember Mehaffey responded that this was the City's way to comply with the state mandate to identify parcels. Councilmember Mehaffey explained that these aze places that might be redeveloped in the next five yeazs and would allow a developer to build mixed use. Mayor Streit added that the City had to make the option available in order to comply with the mandate. Mazgazet Towns, 13035 Regan Lane, noted that her neighborhood has already been negatively impacted by the renovation of the Argonaut Shopping Center and the addition of Stazbucks. Ms. Towns noted that the noise'and crowds of kids that hang out at Stazbucks have negatively affected her neighborhood. Ms. Towns noted that she does not support the mixed=use designation on Blauer Drive. Ms. Towns noted that amixed-use building would decrease the property values in her neighborhood. Lisa Traxler, 20390Blauer Drive, noted that she and her family moved to this neighborhood six yeazs ago because of the park like backyazd and great views. Mrs. Traxler noted that if the property owner is permitted to build a two story mixed use building on the property located at Blauer and Saratoga-Sunnyvale Road it would impact her privacy and her family's quality of life. Mrs. Traxler noted that she understand that the list presented tonight is one for political reason but who knows if the state will mandate it. Doug Sullivan, 20483 Tricia Way, noted that he does not have a problem with a • mixed-use building, but does have a problem with atwo-story building. Mr. Sullivan noted that the current use at the proposed mixed-use site looks like a residential property. Mr. Sullivan noted that City should put mixed-use properties in areas where they would not affect others. Vice Mayor Baker asked Mr. Sullivan where his property was located. Mr. Sullivan noted that his property is directly behind the proposed sites. Thomas Hardy, 20486 Tricia Way, noted that he lives next to Mr. Sullivan. Mr. Hardy noted that he is opposed to this designation. Mr. Hardy noted that his neighborhood has had no problems with the current property use; they are quiet and operate during the day Monday-Friday. Mr. Hardy noted that a two story mixed use building would lower property values, increase the noise and invade privacy. Edward Chu, 20475 Tricia Way, noted he lives next to the proposed mixed-use property. Mr. Chu noted that he does not support this designation. Mr. Chu noted his neighborhood does not need any more retail. Jeff Walker, 20451 Seagull Way, noted that he is adjacent to the Gateway Area map pazcels 5 & 6. Mr. Walker noted that he applauds the Council's effort to comply with the state. Cin• Council Minutes 10 Mazch 6, 2002 Housing program would be providing a portion of below mazket rate housing units, to comply with the State's request, the City needed to identify specific Commercially Zoned parcels. Director Sullivan noted that staff identified sites in the Housing Element in response to the State's mandate. At the January 22, 2002 joint City Council and Planning Commission meeting staff was directed to amend the identified mixed- use sites. The Commercial locations that were the result of previous Mixed-use or Multi-Family developments were deleted from consideration. Director Sullivan noted that there is at least one site identified for each of the commercially zoned areas of the City. Consistent with Council direction, Staff mailed individualletters to effected property owners and to the contiguous property owners. In the letter that was mailed to the effected property owners, Staff explained that the City was being forced to identify individual pieces of property. It was also explained that there was no absolute requirement for a Mixed-Use projects ever to be built. Staff also advertised in the Saratoga News, posted on KSAR, mailed notices to the League of Women Voters, the various schools that serve Saratoga, the Chamber of Commerce, and posted on the City's website. Director Sullivan noted that the remaining number of dwelling units that need to be planned is 42. Councilmember Waltonsmith asked how the properties identified as mixed-use were chosen. Director Sullivan explained that the City has a GIS system, which can link onto property information data. Director Sullivan stated that he arbitrarily picked the mid 80's as a reference point; if it was older than that there was some chance that the City could convince the state that it would indeed convert in some length of time. Director Sullivan noted that he looked at other properties such as the Quito Center who met the age criteria, but because of their character and the success of the property, probably would not convert in the near future. Councilmember Waltonsmith asked if being on this list does not mean the property would be converted and not being on the list does not mean that some day the property could be converted to mixed-use. Director Sullivan noted that all of the commercial areas in the City would have the opportunity to convert under whatever design guidelines and rules that were put in ,place by the housing element. Director Sullivan noted that this list is to demonstrate to the state that the City has complied with their mandate to identify tazget sites. Mayor Streit opened the public heazing at 8:40 p.m. Margo Ottenberg, 12881 Foothill Lane, questioned if the City has any force to mandate developers to build mixed use buildings on the sites identified. City Council Minu[es 9 Mazch 6, 2002 Mr. Walker noted that in an increase in setbacks and additional landscaping to act as a buffer should be discussed if two-story mixed-use buildings are allowed to be built. Betty Feldhym, 20184 Franklin Avenue, commended the Community Development Director's efforts. Mrs. Feldhym noted that she supports the City's efforts to comply with the state. Jack Mallory, 12258 Kirkdale Drive, noted that he has lived here since 1967. Mr. Mallory noted he lives behind the proposed mixed-use properties #8 & #9 on Saratoga-Sunnyvale Road. Mr. Mallory requested that the City not designate all of the mixed-use projects in this azea. Mr. Mallory commented that he feels that the major driving factors for housing shortage in California are the economic boom and the overwhelming increase in immigration illegal and legal. Mayor Streit closed the public heazing at 9:10 p,m. Councilmember Mehaffey noted that the neighbors on Blauer have spoken very clear tonight that they oppose the mixed-use designation for the two parcels on Blauer and Sazatoga-Sunnyvale Road. Councilmember Mehaffey noted that he agrees that atwo-story building would invade their privacy. Councilmember Mehaffey suggested that properties that backup against residential areas should also be eliminated. Vice Mayor Baker noted that he agrees with the neighbors on Blauer that this parcel should be eliminated. Vice Mayor pointed out that the Council knows there are problems at the Argonaut Shopping Center and requested staff investigate the issues brought up tonight and report back to Council. Councilmember Bogosian noted that he supports eliminating the property identified on Blauer. Councilmember Waltonsmith noted that she supports removing the pazcel on Blauer. Mayor Streit stated that it is the intent of the Council to protect the character of the neighborhoods in Sazatoga. Consensus of the City Council to remove pazcel #1 & 2 on Blauer and parcel #5 & #6 -Gateway Area Sazatoga-Sunnyvale. OLD BUSINESS REVIEW OF LEGISLATIVE CONSULTANT CONTRACT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Continued to Mazch 20, 2002. Ciry Council Minutes 11 Mazch 6, 2002 NEW BUSINESS 8. CITIES ASSOCIATION LEGISLATIVE TASK FORCE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Continued to Apri13, 2002. Mayor Streit declazed aten-minute break at 9:30. Mayor Streit reconvened the meeting at 9:40 p.m. 9. PUBLIC SAFETY CENTER -CONCEPTUAL DESIGN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson reported that the City has been working with stakeholders to develop new Public Safety Center at the corner of Highway 9 and Sazatoga Avenue. The Public Safety Center would include a new fire station and a new Westside Substation for the Sheriff s Office. City Manager Anderson briefly reminded the City Council that an Ad Hoc committee was formed consisting of vazious stakeholders. The Committee was charged with exploring conceptual design options for a Public Safety Center. The City hired ATI Architects Engineers to facilitate the conceptual design process. The Committee developed conceptual plans containing three basic options: 1. Includes the three existing agencies on the site; Sheriff, Fire and Post Office without using additional parking at the Federated Church 2. Includes all three agencies and utilizes additional parking from the adjacent Federated Church 3. Includes only the agencies, with the Post oflice or Sheriff s Office moving from the site. City Manager Anderson noted that the 50% conceptual design milestone is intended to show the City Council and the public a variety of plans for review and comment. The Ad hoc is seeking input to help refine and narrow the options. Frances Chan, Architect/ATI Architects and Engineers, noted that his objective this evening was to present master plan alternatives that represents the consensus of the Ad Hoc Committee. Mr. Chan noted that since the project started 12 weeks ago he has gained a great understanding of the individual issues that surround the proposed project. Mr. Chan presented the top issues as follows: • Anew fire station • Keep the Sheriff s department on site City Council Minutes 12 Mazch 6, 2002 Room for a Postal facility Adequate parking Mr. Chen noted that their study pointed out they needed to mitigate the pazking problems, restore quality of life to the immediate neighborhood, improve pedestrian safety and the general public safety at large, and reduce the amount of vehiculaz movement. Mr. Chen explained the five different schemes as follows: Option 2- Scheme 1-The Fire Department and Sheriff's or Postal Department is housed in a new two-story building with a sheared common lobby facing the intersection. The "Back -up" fire station faces Saratoga Avenue. The Contempo property would be sold to the Church. Parking would be provided in the form of an underground pazking gazage on site and under the Church pazking lot accessible form Sazatoga Avenue, and has surface pazking accessible form Sazatoga Avenue and Highway 9. Additional underground parking of 80 spaces below the Contempo property and under the Church parking lot would be dedicated for Church parking. This option would provide 34 surplus of parking stalls. Option 2-Scheme 2 -The Fire Department and the Sheriff's or Postal Department is housed in a new two-story building with a shazed lobby. The "Drive-through" fire station is accessible from Saratoga Avenue. The Postal Department or the Sheriffls Department will move to a new location in the Village. Contempo property would be sold to the Church. Parking options would be the same as Scheme I except there would only be a surplus of 30 stalls. Option 30-Scheme 1-The Fire Department and Sheriff's or Postal Department is housed in a new two-story building with a sheared common lobby facing the intersection. The "Back Up" Fire Station is located at the intersection of Highway 9 and Saratoga Avenue. The Postal Department of the Sheriff's Department will move to a new location in the Village. The Contempo property would be sold to the Church. Surface parking is provided throughout the site accessible from Saratoga Avenue and Highway 9. Minimal underground parking is envisaged in the scheme - offsite parking would be required. Option 3-Scheme ~ -The Fire Department, Sherif3's Department or the Postal Department is housed in one two-story building. The "Drive Through" Fire Station is located at the intersection of Highway 9 and Saratoga Avenue. The Postal Service or the Sheriff's Department will move to a new location in the Village. The Contempo property would be sold to the Church. Surface parking is provided on site accessible directly from Highway 9. Underground pazking on site is required in this scheme. There would be a surplus of 16 stalls. Option 3-Scheme 3 -The Fire Station with minimal impact to the site, by reconfiguration of property owned by the City, the Postal Services and the Fire Department. By swapping the property located across from Contempo, currently owned by the Fire Department, with the Postal Service and re- configuration that property with the City owned Alley and the monument City Council Minutes ] 3 Mazch 6, 2002 pazk, it would become possible to build a new fire station without affecting the function of the Postal Service or the Sheriff's Office. No underground parking is necessary. Surface parking is dedicated to the Fire Department and is accessible from Highway 9 and the pazking for the Postal Service/Sheriff s Department is accessible form Saratoga Avenue. Under this scheme 28 parking stalls off site would be needed. Mr. Chan reviewed the cost analysis as follows: Option Cost of Building Construction Cost for Parkin 2-1 $4,730,000 $3,260,000 2-2 $4,730,000 $3,240,000 3-1 $4,730,000 $1,100,000 3-2 $4,730,000 $2,648,000 3-3 $3,200,000 $330,000 Mr. Chan noted that this cost analysis does not include any land transaction costs. Brian Styslinger, 20375 Pazk Avenue, noted that he lives in the neighborhood adjacent to the development site. Mr. Styslinger noted that he was a member of the Village Green Homeowners Association and a member of the Ad Hoc Committee. Mr. Styslinger pointed out that the neighborhood formed this Association because of this project. Mr. Styslinger noted that the following issues have been identified as the main concerns of the Village Green Neighborhood Association: • Traffic • Design of facility • Safety • Parking Mr. Styslinger noted the NTMP program has addressed their concerns in regards to cut through traffic. Mr. Styslinger encouraged the Council to move forward with this process and direct the Ad Hoc committee to address traffic issues. Meg Caldwell, 20201 La Paloma Avenue, requested that the City Council continue to protect and preserve the neighborhoods in Saratoga and follow the City's General Plan. Ms. Caldwell noted that in her neighborhood cut through traffic and inadequate pazking are their main concerns. John Keenan, 22215 Mt. Eden Road, noted that he is a member of the F.A.C.T Committee in which their principal interest is safety of the firefighters and the citizens. The F.A.C.T Committee's two key issues that reflect on safety is the backing up of the fire trucks onto Sazatoga Avenue and the loss of one bay. Mr. Keenan explained he took ATI's Option 3 and reconfigured the pazking bays, in which provided a safer ingress and egress of the trucks. City Council Minutes 14 March 6, 2002 Bob Egan, SFD/Fire Commissioner, 14890 Montalvo Road, commended the City Manager and the Mayor for working so diligently on this Public Safety Center. Commissioner Egan reminded the Council that the 85% of the residents passed a bond to build a new fire station, which makes it imperative to move forwazd with this process. Commissioner Egan noted that he thinks that Option 3.3 design is the most practical and functional design. Commissioner Egan noted that under no circumstances would the District seek any more money from the public. Commissioner Eagan also noted that the District is requesting that the City grant them a temporary occupancy permit to move into the Contempo Building and an approval of the new station before they start any work or relocation. Commissioner Egan noted that the District looks forwazd to continue to work with the City to accomplish both of their goals which is to provide the citizens of Saratoga the best fire safety services possible. David Dolloff; 20385 5iga1 Avenue, thanked the members of ATI and the Ad Hoc Committee. Mr. Dolloff thanked the ATI staff for their work. Mr. Dolloff noted that he supports the options that provide a drive through bay. Mary McGrath/RRM Design group,.3765 S. Higuera, San Luis Obispo, noted that she has been working with the Saratoga Fire District for three years on the design of the proposed new fire station. Ms. McGrath thanked ATI for allowing her to participate in the AD Hoc Committee. Ms. McGrath noted that all of the schemes presented by ATI could accommodate a fire station. Ms. McGrath noted that the Fire District has a set amount of funds to complete the new fire station and all of the schemes would go over the budget. Vic Monia, Granite Way, noted he has three issues he hopes that the Council would consider: 1. Neighborhood Protection 2. Public Property must go to bid -Contempo Building 3. City should purchase the Contempo building Reese Williams, 20119 Knollwood Drive, noted that he has been actively involved in the Ad Hoc Committee since October as an independent citizen. Mr. Williams noted that the Ad Hoc Committee still has to discuss the following issues: • Post office property will become available • Optimizing the land between the Federated Church and the Fire District • Explore all options for the Sheriff s Department including alternate sites in Saratoga • Costs • Creating financing options, precluding large public bond funding Mr. Williams expressed that that he feels the ideal location of the Fire Station is on Saratoga Avenue. Ed Farrell, Kittridge Road, noted that he supported the engines exiting onto Saratoga-Los Gatos Road. Ciq Council Minutes I S Mazch 6, 2002 Don Whetstone, 14768 Vickery Road, noted that he supports placing the fire station in the Contempo building. Arvin Engelson, 20381 Sea Gull Way, thanked the City Council for allowing the public to participate in this process and expressed a special thanks to the Mayor and the City Manager. Mr. Engelson noted that there is currently adequate parking azound the sight except for Sunday. Mr. Engelson noted that he agrees that one agency has to move off site. Ernest I{raule, 14445 Springer Avenue, noted that he has enjoyed participating in the Ad Hoc Committee. In regards to the Post Office property Chief Kraule stated that the Fire District has had discussions with the Post Master, but would never give them an affirmative answer on whether or not they would be interested in selling their land. Chief Kraule encouraged the City to work with the Post Office to determine if they would be willing to sell their property. Chief Kraule stated that he feels the fire engines should exit onto Sazatoga Avenue. Rob Slump, 15961 Quail Hill Road, noted that he was the President of the Saratoga Federated Church. Mr. Slump noted that the Federated Church would be interested in purchasing the Contempo property in order to improve their campus and off street parking. Mr. Slump noted that the he thinks the Sheriff s Department should be relocated. Gordon Duncan, Assistant Fire Chief/SFD, 14380 Saratoga Avenue, thanked the City Manager for his participation in the Ad Hoc Committee. Assistant Chief Duncan pointed out one issue in regards to the fire station design: a back in vs. a drive through fire station. Assistant Chief Duncan noted he would prefer a drive through fire station. Assistant Chief Duncan noted he surveyed SCC Fire District on how many drive through fire stations they had the results were 50/50. Scott Sherwood, 6511 Deer Hallow Drive, stated that he is a member of the Federated Church and on their "Long Range Planning Committee". Mr. Sherwood noted that decisions on land use have long-term consequences for the Church and the community. Mr. Sherwood informed the Council that Federated recently completed a $3 million dollar upgrade on the campus. Jeff Miles, Commander/SCC Sheriff s Department, thanked the City Council for all of their efforts put into this proposed Public Safety Center. Commander Miles noted that the Sheriff's Department would like to stay in Sazatoga. Hugh Hexamer, 20367 Glen Brae Drive, noted that the options presented to the Council by ATI provide awin-win situation for everyone involved. Mayor Streit thanked everyone for their comments. Vice Mayor Baker noted that he feels it is unacceptable that the vehicles go through the residential neighborhoods. His only concern is to provide the City with an adequate location for the Sheriff and the Fire District. Vice Mayor Baker Cily Council Minutes 16 Mazch 6, 2002 noted that the Federated Church has always been good neighbors and realizes that the current safety complex has impacted their parking for yeazs. Councilmember Bogosian noted that he wants a plan that incorporates a safe fire station in which the trucks do not have to back up onto Saratoga Avenue. Councilmember Bogosian noted that his primary interest is public safety. Councilmember Waltonsmith thanked the Ad Hoc Committee and ATI for their efforts in this project. Councilmember Waltonsmith noted that her concern is who would be paying for this project. Councilmember Waltonsmith requested a traffic study on Oak Street and suggested that perhaps a traffic light might help. Councilmember Mehaffey noted that he does not support any option that includes a parking structure. Councilmember Mehaffey noted that he supports moving the Sheriffls Department to another site. Councilmember Mehaffey noted he agrees with Councilmember W'altonsmith's suggestion for a traffic signal on Oak Street. Councilmember Mehaffey noted that the City should contact our local legislators and the Post Office to get answers on whether or not they would be interested in selling their property. Councilmember Mehaffey noted that the City should consider a bond. Councilmember Mehaffey thanked all parties that have been involved in the Ad Hoc Committee. Mayor Streit stated that he agrees with Councilmember Bogosian and Vice Mayor Baker that their primary goal was to build a Public Safety Center that gave the City a fire station that would be safe and give the City a good working Center. Mayor Streit noted that realistically Option 2 Scheme 1 and 2 are not feasible and noted he thinks the City needs to stick to some variations of Option 3 in order to afford it. Councilmember Waltonsmith reminded everyone not to forget that the Memorial Arch needs to be moved. Consensus of the City Council to eliminate Option 2, bring a fourth variation of Option 3 that would put the fire station on the Contempo property, and do a traffic study on the ingress and egress on Sazatoga-Sunnyvale Road. CEREMONIAL ITEMS I A. PROCLAMATION DECLARING MARCH 10-16, 2002 "SCIENCE FAIR WEEK" STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation and directed the City Clerk to forward it to the appropriate person. City Council Minutes ] ~ March 6, 2002 CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -JANUARY 16, 2002 STAFF RECOMMENDATION: Approve minutes. BAKER/MEHAFFEY MOVED TO APPROVE COUNCIL MEETING MINUTES FROM JANUARY 16, 2002. MOTION PASSED 5-0. 2B. APPROVE COUNCIL. MEETING MINUTES ADJOURNED MEETING -FEBRUARY 20, 2002 STAFF RECOMMENDATION: Approve minutes. BAKER/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES FROM FEBRUARY 20, 2002. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSTAINING. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: . Approve check register. BAKER/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2D. REVIEW PLANNING COMMISSION ACTION MINUTES - FEBRUARY 24, 2002 STAFF RECOMMENDATION: Note and file. BAKER/MEHAFFEY MOVED TO NOTE AND FILE ACTION MINUTES FROM FEBRUARY 24, 2002. MOTION PASSED 5-0. 2E. SARATOGA-SUNNYVALE ROAD & SEAGULL TRAFFIC SIGNAL - AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Accept bid and awazd construction contract. BAKER/MEHAFFEY MOVE TO AWARD CONTRACT TO REPUBLIC ELECTRIC OF NOVATO- FOR THE SARATOGA-SUNNYVALE ROAD & SEAGULL TRAFFIC SIGNAL. MOTION PASSED 5-0. City Council Minutes j g Mazch 6, 2002 2F. RESOLUTION AUTHORIZING JOINT POWERS AUTHORITY EXECUTIVE DIItECTOR TO APPLY FOR FUNDING FROM THE DEPARTMENT OF CONSERVATION FOR BEVERAGE CONTAINER RECYCLING AND LITTER CLEANUP PROJECTS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-014 RESOLUTION OF THE CITY COUNCIL AUTHORIZING WEST VALLEY SOLH) WASTE MANAGEMENT AUTHORITY EXECUTIVE DIItECTOR TO REQUEST FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING BAKER/MEHAFFEY MOVE TO ADOPT RESOLUTION AUTHORIZING THE JPA TO REOUEST FUNDS FOR THE CALIFORNIA DEPARTMENT OF CONSERVATION. MOTION PASSED 5-0. 2G RESOLUTION ESTABLISHING TIME AND PLACE FOR REGULAR MEETINGS FOR THE SARATOGA ARTS COMMISSION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-013 RESOLUTION OF THE CITY COUNCIL ESTABLISHING A TIME AND PLACE FOR REGULAR MEETINGS FOR THE SARATOGA ARTS COMMISSION BAKER MEHAFFEY MOVE TO ADOPT RESOLUTION ESTABLISHING THE TIME AND PLACE FOR THE ARTS COMMISSION. MOTION PASSED 5-0. 2H. CLA[M OF KRIS GAIERO; CLAIM NO. GL-0535487 STAFF RECOMMENDATION: Authorize settlement. BAKER/MEHAFFEY MOVE TO AUTHORIZE SETTLEMENT ON CLAIM NO. GL-0535487. MOTION PASSED 5-0. u City Council Minutes ] 9 Mazch 6, 2002 2I. BUDGET CALENDAR ~. STAFF RECOMMENDATION: Approve Calendaz. BAKER/IVIEHAFFEY MOVE TO APPROVE THE BUDGET CALENDAR. MOTION PASSED 5-0. NEW BUSINESS 10. SARATOGA LHIRARY ROOM-NAMING STAFF RECOMMENDATION: Accept report and direct staff accordingly. Continued to Apri13, 2002. 11. RESOLUTION REQUESTING A STUDY AND REPORT ON PROPOSED ZONING ORDINANCE AMENDMENTS TO ESTABLISH MIXED-USE OVERLAY ZONE STAFF RECOMMENDATION: Adopt resolution. . Continued to Mazch 20, 2002. 12. ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS AND SILICON VALLEY INTER-REGIONAL PARTNERSHIP STAFF RECOMMENDATION: Consider the City of Sazatoga's participation in the Association. Continued to March 20, 2002. AGENCY ASSIGNMENT REPORTS Continued to March 20, 2002. CITY COUNCIL ITEMS Councilmember Waltonsmith requested that staff send a copy of the tape from the Community Meeting on February 26, 2002 regazding Highway 85, to Byron Sher and Liz Kniss. OTHER None City Council Minutes 20 March 6, 2002 CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 12:15 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 21 Mazch 6, 2002 SARATOGA CITY COUNCIL w MEETING DATE: Apri13, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~ PREPARED BY: ~ DEPT HEAD: SUBJECT: Check Register: 3/14/02 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. ~..~ Fund# Fund Name Date Manual Void Total 3/14/02 Checks Checks AP CHECKS A88094-88211 1 GENERAL 579,656.29 10,522.05 100 COPS-SLESF 110 Traffic Safety 461.45 150 Streets & Roads 59,544.98 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250.00 250 Dev Services 16,398.52 260 Environmental 270 Housing & Comm 1,320.00 290 Recreation 13,397.51 291 Teen Services 694.93 292 Facility Ops 1,200.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 5,308.89 7,870.00 320 Library Expansion 319.42 352 Infrastructure 3,920.38 354 Park and Trail 65.77 400 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 682,538.14 18,392.05 PAYROLL CHECKS: 627671-27718 TOTAL (64.00) (1596.00) .. q W W N W a W a ~ 2 5 W N N O m 0 O a N N O y Y1 DF~ F Z~ N N p O O ~p b O q 0~ V~ N N N N n n n n n N N .pi .pi ~ ~ b N n Zg W 4~ .+ .i e p m m d N N W 3 W a a • • • ~ • • • • i p t>.1 ~ % 3 W W a a a °o a q a a a a a a a a a ~ a a a\ a m a~ a a a a a v a a F F F F u F F o F F F N F F F F O O O O O O (f O O O O W O £ O O F a F F o F a F a F F \ F F F C+ F F F ~' °' a a x a x a a a o a" a z a W a ~d a o a a W a z~ x o u o 0 0 0 0 \ o W o 0 o u. o x o z o o W a o o~ q z q ~ q ~ q o q o q o o W q o u W W q o q .Fa Z Z N Z W Z O Z Z q Z W Z a Z Z a Z y Z a a O F~ W 2 W N W „ W W W W a W O W W W 3 W 'J W O O ~ 4£1 N i W > qq > > > £ > Y > a > > F > Z > > W > F a .p. ~ r U> a a a O W Id r j % Q K % F 4 a a W O W a W 3 a a\ W~ W E (+ S „ „ O F W W a F a n W i F m 2 .Z F W N a F N O~ W W W a W ? 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K r w 3 %Nmo r n O 0 C oor ein arv emro 0 0 ~o r "~`Pxa i qua SwF ~xo~ Wna~uF~ u w~ a m a s WO oz aF wW ao W W W W ^ o 0 0 > > a ; zrc ~zz r F ~ O F « « ~ z rsW o as ° ao 0 U r W U ~ U r U W r C m o o O a rZ p ~ mmb o o F i v im ~ F W .r .r .-r .i w O ~£ WF aW 2 0 N O O F U a X x a r a F Z O a z~ ~ a a o ~ N o o ~ N 0 U. O F F 4r X w U x 'r0 O W x U W ON rv \ U x ~ y X 4 m 2 w O j . ~ a w ~ ~ ~F ~a ~ ~o 00 0 ~OOr 2r .a . a e m .W 5 O rr r N ~ U 2 rp r O o o O r> F F ~ t20 Z £ O ~ r U ~ W a W W a U' r W zroW~ a ~ rW z u~w ~ a ~ a o a N a i U O I Y W N~Z a m ~ C ma O n r P M~gz _ , O a ~> a aw ~ rx d auaru ~ WoorWO~ m m Waorxzr aaa~u r SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 AGENDA ITEM: ~ ~-' DEPT: Community Development CITY MANAGER: ~~1~ ~-~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, MarcL 27, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of March 27, 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 -Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, March 27, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Garakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry ABSENT: Director Sullivan STAFF: Planners Livingstone &t Welsh, and Minutes Clerk Shinn PLEDGEOFALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of March 13, 2002 ORAL COMMUNICATIONS-Any memberof thePublicwill beallowed to address thePlanningCommission forup tothree minutes on matters not 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 underPlanningCommissiondirecLion toStaff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 22, . 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR GARROD FARMS, 22600 Mount Eden Road (503-10-028); - To approve the Resolution which found the Garrod Farm project to be consistent with the City of Saratoga's General Plan. (LIVINGSTONE) (APPROVED 7-0) PUBLIC HEARINGS All interested persons may appear and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public heazing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 2. Application #02-025 (386-O1-008) YEH, 20444 Prospect Road; -Request for a Conditional Use Permit to establish a 1,500 square foot Institutional Use for the purposes of teaching second languages, delivering the gospel message and other enrichment programs. The building contains 2,500 square feet and is zoned CV- Commercial, the lot is 18,590 square feet and the property has 10 parking spaces. (WELSH) (CONTINUED TO DATE UNCERTAIN FOR TRAFFIC STUDY) 3. Application #02-008 (366-027-003) HSUBURROUGHS, 20802 Norada Court; - Requestfor Design Review Approval to create asecond-story addition to the existing residence, and Variance to the "floor area reduction rule". The existing home, in the R- 1-12,500 District, contains 2,769 square feet on a 12, 712 square foot lot. The proposed home contains a 651 square foot second story and proposes a 216 square foot addition to the first floor for a total area of 3,636 square feet. (WELSH) (APPROVED 7-0, VARIANCE DENIED) 4. Application #02-044 (386-52-032 &t 033) MAMMINI CORPORATION; LONGAY GUITAR CENTER (Tenant), 12302 Saratoga-Sunnyvale Road; - Request for a Conditional Use Permit to conduct music classes in an existing 1,733 square foot commercial space located in the Neighborhood Commercial (C-N) Zoning District. (VASUDEVAN) (APPROVED 7-0) 5. Application #02-047 (517-19-040) SIADAT, 14771 Montalvo Road; Request for Modification of Approved Project to remove a provision in the resolution for DR - 99 -006 which permitted construction of their new home. The applicant requests that the requirement to dedicate and build a 10-foot wide pedestrian trail on their property, parallel to Saratoga -Los Gatos Road be omitted from the resolution approving the home, which is now built. (WELSH)(APPROVED TO CONTINUE 70 DATE UNCERTAIN 7-0) DIRECTOR ITEMS - Explanation of Santa Clara County referral process. COMMISSION ITEMS Commissioner's sub-committee reports Energy Efficiency -Review Conservation Element of the General Plan and consider adopting an Energy Element to form the basis for energy conservation ordinances. (LIVINGSTONE) COMMUNICATIONS ADJOURNMENT AT 10:45 PM TO NEXT MEETING - Wednesday, April 10, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 AGENDA ITEM: ORIGINATING DEPT: Manager CITY MANAGER: O~",C~"'-- PREPARED BY: DEPT HEAD: SUBJECT: Claim of Marilyn DeNike; Claim No. GL-053661 RECOMMENDED ACTION: Authorize ABAG to settle claim of $110.40. REPORT SUMMARY: The claimant filed a claim on February 12, 2002 alleging that a piece of re-bar struck her car as she pulled out of a pazking stall in the Village. ABAG is recommending that the City settle this claim for $110.40. FISCAL IMPACTS: The claim will be paid in the amount of $100.40 from the originally designed account #001-1025-511-4060. CONSEQUENCES OF NOT FOLLOWING The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide not to settle the claim. FOLLOW UP ACTION: Process settlement of claim and notify claimant. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None ACTION: i~ ',~ SARATOGA CITY COUNCIL MEETING DATE: April 3~d, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: ~~~~-~`~ '---- DEPT HEAD: SUBJECT: Vessing Road Improvements-Notice of Completion RECOMMENDED ACTION(S): Move to accept the Vessing Road Improvements project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the Vessing Road Improvements project has been completed by the City's contractor, Duran & Venables, Inc., and has been inspected by Public Work's staff. The final construction contract amount for the project was $156,892.37, which is 30% above the awazded contract amount of $120,561. The cost of the improvement work within the Vessing Road Assessment District was $139,676.56. The following list is a summary ofthe contract costs: Original Contract: $120,561 Extra Work Assessment District: $19,115.56 (majority of cost associated with retaining wall construction along a portion of Vessing Road) Extra Work Outside of Assessment District: $17,215.81 (majority of cost associated with drainage improvements on Quito Road in the vicinity ofthe project) Total Contract: $156,892.37 The improvement work in the amount of $17,215.81, which was performed outside of the Assessment District was not included in the final assessment to the Vessing Road property owners. In order to close out the construction contract and begin the one-yeaz maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop. Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: The ten percent retention withheld from previous payments to the contractor will be released 30 days after the recordation of the Notices of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient fiznds in the Vessing Road Assessment District Project -Account No. 4010 (Contract Services). The City will be reimbursed for the costs of the project via the Vessing. Road Assessment District.. Payment letters have been mailed to the property owners within the District. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): • Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHM1IENTS: I. Notice of Completion for the Vessing Road Assessment District Improvements project. n L_..J 2of3 t Recording requested by, And to be returned to: City of Saratoga Public Works Deparhnent 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 3rd day of April, 2002. Contract Number: N/A Contract Date: April 5`h, 2000 Contractor's Name: Duran & Venables, Inc. Contractor's Address: 261 Bothelo Avenue, Milpitas, CA 95035 Description of Work: Vessing Road Assessment District Improvements Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. [ certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on , 2002. CITY OF SARATOGA BY: Dave Anderson City Manager ATTEST: Cathleen Boyer, City Clerk Gov. Code 4081'4 ~~ ?.~ SARATOGA CITY COUNCIL MEETING DATE: Apri13`d, 2002 ORIGINATING DEPT: Public Works PREPARED BY: ~ !'LPT<.f~ AGENDA ITEM: ~ CITY MANAGER: ~~ DEPT HEAD: s SUBJECT: 200.1 Pavement Management Program-Notice of Completion RECOMMENDED ACTION(S): Move to accept the 2001 Pavement Management Program as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the 2001 Pavement Management Program (PMP) has been completed by the City's contractor, Duran & Venables, Inc., and has been inspected by Public Work's staff. The final construction contract amount for the PMP was $1,194,386.71, which is, 14% above the awarded contract amount of $1,048,187.40. Funding for the additional work is within the approved amount of $200,00.00 allotted by Council for change orders. The additional work was processed as a combination of lump-sum change orders, time & material-based work orders, and additions to quantities of existing bid items. The locations and descriptions of the project's major change orders are as follows: Location Type'of Work Description of Work Saratoga Hitls Rd. Drainage Installed new drain inlet. Haymeadow Dr. Curb'gutter/drainage Raised curb/gutter to improve drainage. Comer Dr. Drainage Installed pipe to improve Fruitvale Ave. Grading/Paving/Drainage Raised street and added drainage improvements to eliminate dangerous swale. Houston Ct. Drainage Installed curbs, pipelines, and inlet to mitigate local flooding problems. Canyon View Dr. Drainage Added berms and curbs to mitigate rain runoff issues. Coneress Sn. Park Gradin aving Paved the new parking lot. Various locations Curb/Gutter/Sidewallc Added additional quantities of curb, gutter, and sidewallc where deemed ap~ropnate. Senior Center Concrete/Paving Added walkway improvements. In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: The ten percent retention withheld from previous payments to the contractor will be released 30 days after the recordation of the Notices of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient funds in Activity No.3005 (Street Maintenance)-Account No. 4010 (Contract Services) to cover the cost of construction. . CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of Completion for the 2001 Pavement Management Program 2. Asphalt Overlay Summary ATTACHI~~NT 2 SARATOGA PAVEMENT MANAGEMENT PROGRAM 2" Asphalt Overlay Summary Program Year: 2001 Street From To Afton Camck End Aquino Rancho Las Cimas End Amoyo de Arguello Verde Moor Norada Arbolado Rancho Las ~ Cimas End Bartanga [one Three Oaks End Canyon View 4th. Glenmont Debbie Thelma End Debbie Thelma End EI Camino Senda Via Colina End Forest Hills Aloha End Saratoga Crestbrook Rosemere Hargrove Easton Saratoga Creek Horseshoe Horseshoe Court Bella Vista Kriesler Artoyo de Arguello End Houston Pierce End Lowcna Artoyo de Arguello End 1laymeadow Bankmill End Lyndc Avenue Reid Lane End L~mde Coun Lynde Avenue End Kosich Saratoga Creek S. Obrad Narado Court Artoyo de Arguello End Obrad Kosich Kosich Taos ~~cul-de-sac End Rancho las Cimas Woodbank End Russell Lane Debbie Saraview Russell Court Russell End Saratoga Creek Kosich End Saratoga Hills Pontiac End (public sect.) S[. Joan Arroyo de Arguello End Woodbank Quito Ambleside Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Sazatoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Sazatoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 3rd day of April, 2002. Contract Number: N/A Contract Date: September 19, 2001 Contractor's Name: Duran & Venables, Inc. Contractor's Address: 261 Bothelo Avenue, Milpitas, CA 95035 Description of Work: 2001 Pavement Management Program Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on 2002. CITY OF SARATOGA BY: ATTEST: Dave Anderson Cathleen Boyer, City Clerk City Manager Gov. Code 40814 Village Lighting Guidelines ~~ SARATOGA CITY COUNCIL MEETING DATE: Anri13, 2002 AGENDA ITEM: ORIGINATING DEPT.: Cit~Manaeer's Office CITY MANAGER: ~ ~~ PREPARED BY: Danielle Surdin Econ. Dev. Coord. DEPT. HE SUBJECT: Alternatives for Decorative Lighting in the Village Business District RECOMMENDED ACTION (S) 1. Accept report and direct staff accordingly. REPORT SUMMARY: Back round On October 4, 2002, Council authorized staff to purchase and install energy-efficient decorative lighting in the village business district. Council directed staff to survey. nearby cities that offer similar decorative lighting in their business districts to help formulate the hours of usage and guidelines. On November 23, 2002, the City of Saratoga hosted its first tree lighting ceremony in collaboration with the Village Merchant Open House and the lights were unveiled to kickoff the holiday shopping season. Since that time the City has received a great deal of positive feedback from both merchants and residents. As of February 2002, the City of Saratoga has received several letters from merchants including the Saratoga Business Development Council requesting an expansion of the downtown tree lighting program. As a result, the Mayor placed this item on the agenda for further council discussion. Village Lighting Guidelines Energy Issues Update In March 2001, Governor Gray Davis issued an Executive Implementation Plan D-19-O1 to discourage the use of exterior lighting in the business/retail districts. As of Mazch 2002, the D-19-O1 Implementation Plan has not be lifted or updated. Staff has contacted the League of California Cities Legislative Representative for updated information. At the time of this report, the .League's information was incomplete-staff will present any new information at the time of the Council meeting. The energy crisis has eased somewhat since mid-summer 2001. Any decorative lighting program would be curtailed and discontinued in case of a stage 2 or 3 energy emergency. A survey of neazby cities reveals that many but not all local bay area cities are utilizing this type of lighting to invigorate their downtown shopping districts. Decorative Liahting_Surveys: • City of Campbell o Decorative lighting is utilized in their downtown shopping district year-round from sunset until 11 p.m. daily. • City of Palo Alto o Decorative lighting is utilized in their downtown shopping district year- round from the hours ofsunset until midnight daily. • City of Mountain View o Decorative lighting is utilized irr their downtown stropping district year-round from the hours ofsunset zmtil »:idnight daily. • City of Walnut Creek o Decorative lighting is utilized in their dowrrtowrr shopping district year-round from the hours ofsunset :uuil 11 p.nr. daily. • Town of Los Gatos o Decorative holiday lighting in their downtown shopping district began in November 2001 and was turned off errd of February 2002. o Only year-round lighting exists in their main plaza, but has been turned off due to renovation. Village Lighting Guidelines Alternative Decorative Lighting Options: Alternative 1- • Leave guidelines as currently approved with only seasonal usage • Seasonal decorative lighting begins the day after Thanksgiving and ends the second week in January • Hours of usage - 7-days a week, 6-hours per night (5 p.m. - 11 p.m.) Alternative 2 - • Year-round decorative lighting during 3 most active evenings each week • Decorative lighting utilized Thursday thru Saturday evenings only • Hours of usage - 3-days a week, 4-hours per night (sunset - 11 p.m.) • Light usage curtailed or discontinued in times of an energy stage 2 or 3 emergency. Alternative 3 - Year-round usage of decorative lighting utilized Monday-Sunday Hours of usage - 7 days a week, 4-6 hours per night (depending on season -sunset - 11 p.m.) Light usage curtailed or discontinued in times of an energy stage 2 or 3 emergency FISCAL IMPACTS Annual fighting costs for the Village commercial district are paid through the Landscape and Lighting District Fund -Zone 24. Merchants within this district reimburse the cost of the lights. The following is a cost analysis for each decorative lighting alternative: Alternative 1 -Estimated cost for seasonal holiday usage: $600/month • 7 days (x) 6 hours = 42 hours/ week (x) 4.3 wks = 180 hours a month • $600/180 hours = $3.33/hour Estimated Annual Costs for Alternative 2 -Estimated cost for limited year-round use • 3 days (x) 4 hours = 12/ week (x) 4.3 week = 52 hours a month • 52 hours (x) $3.33/ hours = $173.16 Estimated cost per month for limited non-holiday lighting: $175.00 Estimated Per Year: $2100 Alternative 3 -Estimated cost for year-round use • $600 per month (x) 12 months = $7200 (per year) Estimated Cost per year for year-round unlimited use: Village Lighting Guidelines FISCAL IMPACTS (Continued): Other fiscal impacts include the ongoing maintenance contract with the lighting vendor as well as replacement of the damaged lights. Currently, the City has purchased enough lights to completely install an entire new lighting system for the upcoming year if needed. KC Enterprises has quoted us $800 per maintenance visit with a schedule of 4 visits per year totaling $3200, for continual maintenance. It should be noted that KC Enterprises stated that the first maintenance visit would take two days because of the length of time since their last visit, so their first visit would total $1600, which brings the grand total to $4800 for the first yeaz of maintenance and installation. Due to outside environmental conditions, burned out bulbs, and on going maintenance needs, contracting with an outside vendor is necessary to handle the decorative lighting efficiently. CONSEQUENCES OF NOT ACTING No year-round decorative lighting will exist, and the holiday decorative lighting guidelines will still remain in effect. ALTERNATIVES ~....J 1. Keep decorative lighting guidelines in effect and change nothing. 2. Postpone year-round lighting until the Exec. Implementation Plan D-19-O1 is lifted. FOLLOW-UP ACTIONS 1. Contract with the vendor KC Enterprises for continual maintenance and needed installation. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Nothing Additional. ATTACHnIENTS: 1, Letter from the Cutlers, Owner of La Fondue 2. Letter from Donna Collins, Owner of Henrietta Hens 3. Letter from the Saratoga Business Development Council Chair Dear Mr. Streit, we are the owners: of La Fondue restaurant in Saratoga on Big Basin Way. We have been. here in Saratoga for. the past ten years, living and doing business in this 4eautiful village. rTvro of the things that struck us in particular upon selecting the site for our restaurant was the ambiance and quaintness of Big Basin Way. A huge attraction on the street has been the placement of lights on the trees that have lit up our little village at night for several years and helped to create an atmosphere that is unique to Saratoga. The lights in the trees make a huge impression to residents and visitors alike, upon entering the town in the evening when the glow from the lights reflecting on the trees gives the illusion of entering a magical place like no other. We ask that you reconsider turning the lights back on. The ambiance is truly lacking when the trees are not lit up at night. As we have learned in our business, it is the details that make an experience just "right" and keeps the customers coming back for more and~Big Basin Way is home to the many businesses that have put their heart and souls into creating a unique experience for the customer. Thank you for your consideration. Sincerely, Tracey and Mitchell Cutler 14510 Big Basin Way Saratoga, CA 95070 Phone (408) 867-3332 R. Canard on Sent Sovi an idea someone probably stole from Beverly Hills. The best and brightest of Silicon Valley's foodigentsia--and they aze more numerous than you might think-gather here to dine at some of the South Bay's most ambitious establishments. One would have to be seriously impaired to travel so far south for no reason, but this place is a true destination, It is housed in a storefront that has been transformed into one of the area's loveliest dining rooms. Persian carpeting and padded straight-backed chairs muffie the sound in the smallish room, and attractive light fixtures and post-New Age candle-holders grace the white livened tables. Service is almost startlingly immediate and takes just the right.tone-no life histories, baby photos or roommate anecdotes ...only caring, professional efficiency and aplomb. I find it difficuh to believe that we are neazly an hour south of what some people consider the southern frontier of civilization in California. In a unison that resembles Cnegorian Chant in its purity and conviction, we order the prix-fixe menu. The amuse-bouche arrives: tiny "cannoli" filled with ricotta, pinenuts and herbs with a drizzle of dusky green olive oil drizzled around the plate-an immediate teaser that is calculated to arouse curiosity as to what lies in store. A deep and smoky 1996 Villa Mt. Eden Chazdonnay Bien Nacido wraps itself aoound this and the next dish with breeding and generosity, proving once again that noblesse oblige. A dinner companion with French credentials and a tidy bank account at Credit Lyonnais guesses that the "cromesqui" of duck foie gras has been adapted from the repertoire of Marc Meneau at 1'Esperance restaurant, south of Paris, where chef David Kirsch served an apprenticeship. When she returns from the kitchen after a brief consultation, the waitress acknowledges the tribute. It is a unique starter: deep-fried crumb crusts the size of my father's cuffiinks, bursting with a sapid liquid emulsion of truffie and duck liver. Caution is seriously advised: the whole affair has to be inserted into the mouth and the lips closed before chomping down on these plump little spheres in order to avoid staining one's i arz znznooz r:ao nrt uvv.a Y44,/J/WWW.I4~YY81 LL.WIWYYYVJGIlW Y1.Y1W: ~ Donna I{aran neckweaz with a squirt of the filling. We spent most of the rest of the evening proposing and shooting down ~. theories about how the chef mananged to put the sauce on the inside. An athletic and brilliantly poised 1993 Truchard Merlot Carneros steps up to bat against rare venison in an autumnal reduction, partnered with bitter autumn squash (the single most intriguing taste of the evening) and crispy fried pazsnip strips. Over the past couple of years, venison has become a favorite viand of mine, and I relish this version as it plays offthe intense California ripeness of the wine. A cheese course pairing piquant domestic roquefort with roasted figs and a drizzle of white honey is positively Neronian. Yet there is more to come: a cylindrical autumn pudding laden with raspberries and dried cherries, a few unadvertised huckleberries aiding and abetting the whole. It may seem what my mother would calla "faz piece" to travel, but for food like this, I would gladly go twice the distance. Sent Sovi www.sentsovi.com 14583 Big Basin Way Saratoga, California 408- 867-3110 6o back to Homs Plats Browns the Archive Al\~IVE ! 0£2 2222002 1:40 AM ~~ / `-~ ~~~ ~e ~3~5~ a- ~ ~~ ~~~~ ~~~ ~~~ ~ .~ ~~ ~~a . ~~ ~~: ~~~ ~ ~~ :.~~ 4~ ~~ ~' ~. ~- ~ ~ ~ ~~~ `. ~~ ~~~- `~~~ ; ~ ~~ - ~~ ~~ C2~ ~~ ~~~~~ ~~ ~~ `' ~~ ~ .~ -fir ~u -ev ~~ Yt ~~ ~~ ~~ '~~ ~~~ ~~~~.. ~~ Saratoga Business Development Council March 26, 2002 Dear Honorable Mayor and Members of the City Council: On behalf of the Saratoga Business Development Council, we would like to state our unanimous support of the year-round decorative lighting program. At our March 26, 2002, SBDC meeting all members voted to approve their support of the project. The Saratoga Business Development Council feels this is a great resource in helping to promote our business district, in addition to serving as an effective tool to bring people into our downtown during the evenings to window shop and frequent our local restaurants. Respectfully Submitted, Marily~n.~WihiJ~te -- SBDC Chair ~' SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 L~ AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~=G'~`~---- PREPARED BY: Lorie Tinfow DEPT HEAD: 0 ~ (,C) SUBJECT: Saratoga Library Budget Update RECOMMENDED ACTION(S): Informational only. REPORT SUMMARY: Background. Voters approved a $15 million bond issue for construction and renovation of the Saratoga Library in March 2000. During the design phase of the Library project, Council limited the budget to $14.5 million. The additional $500,000 was set aside as a "buffer" to help assure that the final library cost would not exceed the available bond funds. Council articulated at that time that they anticipated the need to spend this set-aside but hoped it would work to control project spending. Levels of Oversight. Staff is working with Gilbane Building Company to manage the library construction project. Weekly construction meetings are held on the site to discuss scheduling, project milestones and any possible problems. Every two weeks, a stakeholder's construction meeting is held as well. Representatives from the Library .Expansion Committee, including a Council member and library staff, are invited to attend to hear new construction information and to ask questions. The Library Expansion Committee is closely monitoring the project's progress and meets monthly for either a regular meeting or for an on-site tour. The Citizen's Oversight Committee meets monthly and oversees the library budget to make sure funds are spent in accordance with the requirements of the bond measure. Bo[h committees report to the City Council. Budget Status. The Library Expansion Committee designed the project to fit within the $14.5 million budget. Currently, the Library project stands at $14,127,934 for all contracts and known costs. A balance of $372,066 for change orders remains in the original budget. The $500,000 buffer remains for additional library construction if needed. Reporting. Staff has been directed to make monthly status reports to Council on the library budget and change order activity. Conclusions • The Library project remains on budget. The Council's strategy of withholding funds as a buffer in order to constrain the overall cost has proved successful. Total project costs, including a construction industry standard contingextcy, are projected to be within ' the original $15 million approved by the voters. ^ Construction remains on schedule. At this time, construction is estimated to be complete by February 28, 2003, and the new library will open to the public in Spring 2003. FISCAL IMPACTS: No additional impacts at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will continue to bring change order updates or requests to Council monthly. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. SARATOGA CITY COUNCIL MEETING DATE: Apri13, 2002 ORIGINATING DEPT: Community Development AGENDA ITEM: .CITY MANAGER: ~~~ PREPARED BY: John F. Livingstone DEPT HEAD: SUBJECT: Amend the Heritage Orchard Master Plan to allow the removal ofnon-orchard trees, appropriating funds from the Council Contingency Fund for the removal and transplanting of the non-orchard trees in the Heritage Orchard. ACTION: 1. Approve the Resolution amending the Heritage Orchazd Master Plan to allow the removal of non-orchard trees. 2. Approve the Resolution increasing the Phase II Orchard Restoration CIP budget by $6,400 to allow the removal and transplanting of non-orchard trees from the Heritage Orchard. Funds to be transferred from the Council Contingency fund. REPORT SUMMARY: At the March 20, 2002 City Council meeting staff prepared a report requesting direction on the disposition of the non-orchard trees in the Heritage Orchard. At the meeting, Council. directed staff to amend the Phase II Orchard Restoration CIP Project budget and the Heritage Orchard Master Plan to remove the trees. The non-orchard trees inhibit the growth of the orchard trees. Staff investigated options to have the Oak trees moved or sold. A tree mover met with staff and explained that most of the trees are too large to move and have structural problems, which prohibit moving them. One tree close to Fruitvale Avenue could be moved at a cost of approximately $20K. Staff is recommending that this tree be transplanted to the entrance of the City as part of the Gateway Project. In light of the recommendation by the tree moving company, the Heritage Preservation Commission recommended to the City Council that the remaining trees be removed. HERITAGE ORCHARD MASTER PLAN The following paragraph located on page 3 of the Heritage Master Plan and any other reference to saving the non-orchard trees would be omitted as part of the proposed recommendation to remove the non-orchard trees. "Retain existing health ofnon-orchard trees. A number of native oaks and other trees interspersed throughout the orchard, while their existing trees are not typically found in commercial orchards as they compete with the fruit trees in sun and space. The Heritage Preservation Committee felt it is important to retain these trees as part of the site history. However, only orchard trees will be planted in the orchard in the future. " After further review of the Goals stated in the Heritage Orchard Master Plan, the removal of the non-orchard trees would act to preserve the orchard as a functioning use, and minimize intrusion into the orchard that would disrupt orchard maintenance and the natural appearance of the orchard. DISCUSSION The lowest bid for the tree removal project, which including grinding the stumps instead of complete removal was submitted by Ian Geddes Tree Care Inc. for $3,450. Staff is recommending awarding the contract to Ian Geddes Tree Care Inc. The next closest bids were from Arbor Care for $5,540 and The Tree Master for $6,950. The bid for moving and replanting the five small Oak trees is $500 a tree. This size of Oak is ideal for transplanting. Staff is recommending the tree transplanting due to previous success transplanting trees by the same tree moving company. Staff is recommending awarding the contract to Tree Movers. FISCAL IMPACT: Removal of six Oaks, two Firs and one Orange tree totals-----------------------------$3,450 Transplant the five small Oak trees along Saratoga Avenue to the median on Fruitvale Avenue-------------------------------------------------------------- $2,500 Recommended contingency-------------------------------------------------------------------$450 TOTAL $6,400 If all of the above requests are funded the total amount would equal $6,400. This money would be taken from the Council Contingency fund. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: if the Oak trees are not removed, it may cause orchard trees near the Oak trees to deteriorate. If the small Oaks trees along Sazatoga Avenue are not transplanted to the median on Fruitvale Avenue, the trees will eventually mature and cause the view of the orchard along Saratoga Avenue to be obscured, and inhibit the growth of nearby orchazd trees. ALTERNATIVE ACTIONS: 1. Grant a portion of the requested funding for select items. 2of3 Y 2. Prune the Oak trees to prevent further deterioration of the orchazd trees. 3. Budget the tree replacement and removal in 2003/2004 in conjunction with the tree replacement plan for the library project. FOLLOW UP ACTIONS: Staff will prepare a contract with the tree removal and tree moving companies. The large Oak closest to Fruitvale Avenue will be maintained in the event that it may meet the final specifications for the Gateway Project. At that time, the item will be brought back to the City Council as part of the Gateway Project. ATTACHEMENT Resolution Approving the amendment of the Heritage Orchard Master Plan Resolution Approving the budget amendment Heritage Orchard Master Plan 3 of 3 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE HERITAGE ORCHARD MASTER PLAN TO ALLOW THE REMOVAL OF NON- ORCHARD TREES WHEREAS; after further review of the Goals stated in the Heritage Orchard Master Plan the removal of the non-orchard trees would act to preserve the orchard as a functioning use, and minimize intrusion into the orchard that would disrupt orchazd maintenance and the natural appearance of the Orchard and; WHEREAS; the proposed project consisting of the removal or non-orchard trees from the Heritage Orchard is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15331, "Historical Resource Restoration/Rehabilitation", Class 31 of the Public Resources Code (CEQA). This exemption allows for the restoration and preservation of historic resources and; NOW, THEREFORE, that the City Council of the City of Saratoga does hereby amend the Heritage Orchard Master Plan to allow the removal ofnon-orchard trees. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the San day of Apri12002 by the following vote: AYES: NOES: ABSENT: ABSTAIN Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $6,400 FOR TREE REMOVAL AND TRANSPLANT SERVICES AT THE HERITAGE ORCHARD WHEREAS; After further review of the Goals stated in the Heritage Orchard Master Plan the removal of the non-orchard trees would act to preserve the orchard as a functioning use, and minimize intrusion into the orchard that would disrupt orchard maintenance and the natural appearance of the Orchard and; WHEREAS; the City Council desires to complete improvements to the Heritage Orchard in the amount of $6,400 and; NOW, THEREFORE, to adjust the City of Saratoga's Fiscal Year 2001-2002 budget for the appropriation of $6,400 for this project according to the following entries: Increase Decrease 354-0219-622-40-10 Phase II Heritage Orchard Improvement CIP $6,400 001-101-0-511-.502 Council Contingency Fund $6,400 The .above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 3RD day of Apri12002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor M Heritage Orchard Master Plan Saratoga, California n David Gates ~ Associates Aug~.ist, 20;:I • x 1} Heritage Orchard Master Plan Saratoga, California Acknowled e~ ments City Council MayorJohn Mehaffey Vice Mayor Nick Streit Councilman Stan Bogosian Councilman Ann Waltonsmith Councilman Evan Baker Heritage Preservation Commission Norman Koepernik, Chair Dora Grens Carolyn King Willys Peck Robert Peepari Beth Wyman City Staff City Manager: David Anderson Public Works Director: John Cherbone. Staff Support: John Livingstone • ~ Purpose of Document In order to ensure the long-term viability of Saratoga's Heritage Orchard, the Heritage Commission has prepared an Orchard Master Plan. This document provides for the renovation of the existing orchard and sets out guidelines to control future uses. in the interest of minimizing disruption of the existing character or health of the orchard. Context The Heritage Orchard is an approximately 18-acre site at the corner of Saratoga Avenue and Fruitvale Avenue. The orchard is currently comprised of Prune, Apricot, and Cherry trees. Historically, the orchard was made up primarily of Apricot trees, which still comprise approximately half of the trees in the orchard. A substantial block of Prune trees occupies the western edge of the site. In the last seven years, Cherry trees have been planted along the northern edge of the site to provide greater flexibility in responding to market crop values. Overtime, a number of trees in the orchard have died or declined. A substantial number of trees need to be replanted to maintain the orchard in a healthy condition. Currently, the orchard is irrigated using a temporary system. Irrigation lines are manually laid out on top of the ground to provide flood irrigation to four rows of orchard trees and then relocated to the next four rows of orchard trees. Using this labor_intensive approach, 'the trees are watered four to six times per year from a metered source. The Saratoga Library is located in the North corner of the orchard facing Saratoga,Avenue. The proposed library expansion will necessitate the removal of some orchard trees to accommodate the building and parking expansion. Sixty-two of the removed trees have been transplanted to other locations in the orchard. An additional 140 orchard trees will be planted as a part of the separate library expansion project. These trees will be primarily located in the triangle of the Saratoga/Fruitvale intersection and along Saratoga Avenue with the remainder being planted the immediate perimeter of the library. ,swat, s~Ia SARATOGA HERITAGE ORCHARD MASTER PLAN L Goals ~ The following goals have been identified for the Saratoga Heritage Orchard: I . Preserve the orchard as a functioning agrarian use. 2. Provide educational opportunities to learn about agricuitural history in the area and orchard management and operations. 3. Maximize views of the orchard from the surrounding area to insure the orchard is an important part of the community's image. 4. Minimize intrusion of site improvements into orchard that may disrupt orchard maintenance operations or impact the 'natural appearance' of the orchard. 5. Ensure orchard is maintained in optimum health by implementing necessary orchard maintenance and replacement programs. 6. Implement a tree adoption program. Entry driveway ,.:M ~~" ,.r~S ..: k' ~ ~ , y , ~'~' .~- . ~ill~ ,_ C 1 SARATOGA HERITAGE ORCHARD MASTER PLAN 2 View of existing orchard from Saratoga Avenue Access dirt road to barn site Apricot trees along existing parking ~ Recommendations In developing the master plan, the Heritage Preservation Committee reviewed a number of issues associated with the orchard from permitted uses to long-term maintenance approach. The following recommendations summarize their input on the range of issues. Replace orchard trees that have died or are in substantial decline. The orchard is comprised of 3 distinct groups of trees -Apricots, Prunes and Cherry trees. This diversity enhances the community enjoyment of the orchard by extending the period in which trees are blooming in the orchard. The diversity also facilitates orchard management with the staging of harvest time for the various fruits. The mix of fruit trees allow "averaging" the crop value from year to year as the price and productivity of the fruit crops will vary. Currently, there are 298 dead or missing trees, 154 are in severe decline and in need of replacement, and an additional 10 trees which will potentially need to be replaced in the next 5 years. Location of replacement tree species should be consistent with the existing trees in the various sections of the orchard. William Coates, Farm Advisor (Tree Fruit and Nut Crops) with the University of California Cooperative Extension, has provided the following recommendations for species selection when replanting the orchard: • Apricot: Bleinhien or Marianna Rootstock 2624 • Prune: French Prune or Marianna 2624 or Moroblin 29C Rootstock • Cherry: Bing Cherry with Black Tartarion or Von Pollinizers or Colt or Mazzard Rootstock Heritage Orchard Stats Existing Tree Inventory Healthy Tree Canopy Quarter Half Three Quarters Full Young Trees* Sub- Total Dead Trees Total A ricots 25 45 7 305 168 550 200 750 Cherries 0 0 0 0 314 314 61 375 Prunes 44 40 3 73 105 265 34 299 Total 1424 "Trees under 7 years old Retain existing health of non-orchard trees. A number of native oaks and other trees interspersed throughout the orchard, while their existing trees are not typically found in a commercial orchard as they compete with the fruit trees in sun and space. The Heritage Preservation Committee felt it is important to retain these trees as a part of the sites history. However, only orchard trees will be planted in the orchard in the future. C~ SARATOGA HERITAGE ORCHARD MASTER PLAN Provide informal pedestrian paths in orchard. Pedestrian paths in the orchard shall have minimal impact on the natural appearance of the orchard and not interfere with maintenance. Pedestrian access through the orchard should be limited to hard packed, dirt paths created by dragging or rolling a disced area to create an even smoother surface. Paths will need to be recreated each year. Install a permanent irrigation system in the orchard. A permanent spray irrigation system should be provided to water the orchard trees. The irrigation system should be designed to achieve maximum watering efficiency through head to head coverage. The system should be laid out to work with the discing pattern between the orchard rows. The system should be designed to work with both a metered water source or a well system. A permanent system will minimize the labor associated with the current temporary irrigation system approach and to provide greater flexibility with watering in response to precipitation patterns and individual tree needs. Install a well with a booster pump for irrigation water supply. In order to reduce the City's reliance on and the expense of a metered water source, the City should initiate the process of implementing a well system. Preliminary information would seem to indicate a well system at this site would be successful. A test well needs to be drilled to confirm the feasibility of a well system for irrigation use. If the well system feasibility is confirmed, a booster pump or holding tank system should be designed to accommodate irrigation supply demand. Construct a "barn" to house orchard maintenance equipment and provide a focus for education programs. The maintenance barn should be located in the existing open area in the eastern portion of the site at the end of the existing access road. In addition to storage, the barn could also be used as a gathering area for docent educational programs about the orchard. The barn would be approximately 40'x 80' and house all maintenance equipment and supplies stored on site. No outdoor storage would be allowed. The character of the barn should. be consistent with the historic character of the orchard. (Public restrooms would not be provided in the barn area.) Design of the barn would be subject to review by the City. A gravel forecourt would provide all-weather access to the barn. The gravel area should be a minimized size for barn uses. Access to the barn should be via the existing access road and would only be used for orchard maintenance. Access to the barn for educational purposes would be via the pedestrian pathways. SARATOGA HERITAGE ORCHARD MASTER PLAN A water tower could also be located in this area to provide a visual landmark. 4oxen CY.eN ~ ><6p' pA~uPyw.~tr- F¢s:n Bn T~'+~i -Pita:, lR~' Implement an adoption program for orchard trees: In order to increase community involvement in the orchard preservation and to off set some of the orchard maintenance costs, the commission would like the City to implement a tree adoption program. While the details of the program would need to be refned, the commission envisions a freestanding kiosk to be used to identify individual adopted trees rather than plaques scattered throughout the orchard.. Pedestrian access through the orchard would be created by discing the rolling paths between the rows, parallel to the irrigation lines. Provide sign to identify "Heritage Orchard" The sign should be located at the Fru:tvale and Saratoga Avenue intersection. The design of the sign should be visually consistent with the agrarian theme similar to the "rock wall" Saratoga entry monument. The sign should be sited to avoid both conflict with sightlines and orchard operations. The kiosk should be visually consistent with the orchard area. SARATOGA HERITAGE ORCHARD MASTER PLAN Implementation ~ Phasing: The implementation of the Master Plan will occur over a number of years. In addition to the ongoing management strategies, there are a number of capital improvements which are a part of the master plan. The Phase I improvements should be undertaken in the next year to insure the continuing health of the orchard. Phase I Capital Improvements • Replace missing or dead orchard trees • Install a permanent irrigation system • Explore feasibility of a well and install well system as appropriate • Construct orchard sign Future Phase Improvements • Adopt a tree program development • Maintenance 'Barn" construction • Ongoing orchard tree replacement as required Phase II Schedule: Typically orchard trees are planted in January from bare rootstock and ordered in fall. Consequently, in order to maintain the schedule, it will be important to initiate the project in a timely manner. All other improvements, such as well and irrigation system, could be installed subsequent to planting. Order bare root trees October 2001 Initiate well tests and install well grid um s Oct./November 2001 Plant bare root trees anus 2002 Pre are construction documents for irri anon s stem anua 2002 Obtain bids for installation of irri anon stem/award contract Februa 2002 Install irri anon s stem March 2002 Desi nand install orchard sin Aril 2002 Initiate ado t-a-tree ro ram ul 2002 SARATOGA HERITAGE ORCHARD MASTER PLAN 6 • Phase I Construction Costs: The city council will need to allocate funds for Phase I improvements as follows. The following Phase I costs are anticipated: Item Unit Cost Cost Remove Existing Dead Trees /stumps (450) $75/tree $33,750 Assorted Orchard Fruit Trees (450) $ I OORree $45,000 Irrigation System Lump sum $95,000 Booster Pump/Well Lump sum $41,000 Electrical Lump sum $5,000 Orchard Monument Sign I $7,000 Subtotal $226,750 Contingency 20% $45.350 Total $272,100 SARATOGA HERITAGE ORCHARD MASTER PLAN o ~ ~ T N n ~ w a ~ V Z L ~ Q o. v c4 n A~ ~. p o r ,C: . .l~~r'~ v Ed ~ Qz y _ ^ ;'~, iY,~000 N m ~ f m o ' ;•~'•„S~000OO T ~.•%0000 . s„ a F ~>•~~'000 000 <iyJ` 0000 ® ~ N -o' , O OOFJ000 0 O • -00000 c~ m•®L 0000 • x Oli.~% _ OOCiO Om Oxx y 000 •m10xm - 00 m xm Oe•Fme ~ "! 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The City Council subsequently instructed staff to contact these agencies to ascertain what was being done and what progress had been made on these issues. During the discussion, the City Manager explained that the Post office and the Sheriffs Department recently formed a Joint Task Force to talk to the neighborhoods about the thefts, and to provide options to make their mail more secure. He also mentioned that he would be asking the Task Force participants to provide Council with afollow-up report. To that end, representatives from the Sheriffs Department and the Post Office will attend the meeting to update the Council on their efforts. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT ACTING: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A CITY OF SARATOGA Special Report To the City Council • RESIDENTIAL MAIL THEFTS Submitted by: Santa Clara County Sheriff s Office West Valley Patrol Division Captain Dennis Bacon March 28, 2002 • Issuance of a press release to the local news media describing the methods used by the suspects along with crime prevention information (see attachment). • Coordination of efforts with the U.S. Postal Service, to include meetings with the Saratoga Postmaster and sharing of information with the Postal Inspectors. • Providing to all letter carriers the direct telephone number to County Communications/ Sheriff's Office dispatchers to allow quick reporting of suspicious persons and vehicles via cellular telephones. • Conducting several Neighborhood Watch meetings with the addition of identity theft information to the presentations. • Posting of identity theft information on the Sheriffs Office West Valley Patrol website. • The in-progress development of a citywide mailer to all residents regarding mail and identity theft prevention as well as plans for an informational town meeting for residents. Status of Current Investi ation: U.S. Postal Inspectors have made two arrests in recent months in San Jose and Santa Cruz County in which numerous mailings to and from Saratoga residents were discovered during unrelated police actions. In some cases, the residents were home and observed suspects drive up to their mailboxes and remove outgoing mail. Unfortunately, the leads (license plate numbers, descriptions) provided to investigators up to this point have not been fruitful. The investigations aze on going at this time. Crime Prevention Recommendations for Residents: • Never leave outgoing mail in an unsecured residential mailbox. Place outgoing checks in C: Commander Jeff Miles Captain Dennis Bacon secure mail collection boxes or slots at the post office. • Watch for letter carriers and remove incoming mail from unsecured residential mailboxes immediately upon arrival. • Obtain and use a post office box instead of the residential mail delivery system. • Purchase and use lockable residential mail boxes • Report via 9-1-I any suspicious persons or vehicles loitering near residential mailboxes. MEMORANDUM Office of the Sheriff West Valley Patrol Division (408) 867-9719 TO: Saratoga City Council Dave Anderson, City Manager FROM: Lt. Ernie Smedlund, West Valley Patrol SUBJECT: SPECIAL REPORT RE: MAIL THEFTS DATE: March 28, 2002 Background: Beginning in October of 2001 and continuing through today's date, the city of Saratoga has experienced an increase in the number of mail thefts from residential mailboxes. There are dual roles in the investigation of mail thefts. The theft of mail itself is a federal offense and is investigated by the U.S. Postal Service. Any subsequent crimes committed as a result of the theft of mail, such as fraud, illegal use of credit cards, or identity theft, are investigated by the Sheriffls Office. Statistics: There have been 22 thefts of mail from residential mailboxes from October I, 2001 to March 28, 2002, the date on which the analysis was completed. Crime Analvsis: • Most of the crimes occurred on Mondays and Fridays in the late morning/early afternoon hours between 11:00 AM and 2:00 PM. The greatest number of thefts occurred in the area bounded by Highway 85, Prospect, and Saratoga Aves. and in the Sobey/Quito Roads area (see attached maps). Suspect(s) took outgoing checks and incoming credit cards and credit card statements. Actions taken: The Sheriff s Office instituted amulti-pronged approached in our attempts to prevent the thefts from occumng as well as apprehend the person(s) responsible for these crimes. Our efforts have included: • Increases in patrols of residential neighborhoods in the target areas to include more frequent stops and identification of suspicious persons. City of Sazatoga 1 Reported Mail Thefts October 01, 2001 through March Z8, 2002 BEAT. - .CASE DATE' TIMER OAYOF WK >. ~ ~ ~', _ ". ~? ~"` ~" s: ~'IOCATION '" „ S9 01-274-0383S 10/1!2001 1645 Mon Road 15000 block Sobey S2 Ot-276-05255 10/32001 2130 Wed 19000 block Cdumbine Court S3 Ot-351-02285 12/772001 1330 Mon 12000 block McNowood Drive S3 02-004-02855 9/42002 1625 Fri 18000 blockWestview Drive S3 02-009-0250S 1/92002 1350 Wed 12000 block Palmtag Drive S6 02-019-01965 1/192002 1130 Sat 14000 block Baranga S9 02-020-0139S 1202002 1045 Sun 15000 block Encina . S8 02-021-0203S 1212002 1230 Mon 13000 block Sousa Road S8 02-023-02235 1232002 1200 Wed 73000 block Montrose Street - S9 02-023-0365S 1232002 1540 Wed 18000 black Ten Acres Road S9 02-024-Ot86S 7242002 1145 Thur 14000 block Sobey Road S9 02-025-01405 1252002 1100 Fri 14000 block Sobey S9 02-025-0179S 1252002 1130 Fri 14000 block Sobey S9 02-025-01855 1252002 1200 Fri 14000 block Sobey SB 02-025-0285S 1252002 1430 Fri 13000 block Quito Road S3 02-035-02535 2/42002 1400 Mon 12000 block Obrad Drive S3 02-035-0260S 2/42002 1430 Mon 12000 block Obrad S1 02-073-0282S 3/142002 1230 Thur 22000 block Mt Eden Road S7 02-080.0109S 3212002 900 Thur 22000 block Mt Eden Road S9 02-082-01225 322/2002 1300 Fri 14000 block Saratoga Ave S3 02-084-01305 3252002 1030 Mon 19000 block Brockton S3 02-085-0241S 3262002 1250 Tues 19000 block Homes Beat Number S1 2 S2 1 S3 7 S4 0 S5 0 S6 1 S7 0 SS 3 S9 8 Tune oFAeport 0800-0900 - 0 0901.1000 - 0 1001-1100 - 1 1101-1200 - 6 1201-1300 - 2 1301-]400-3 1401-1500 - 2 1501-1600 - I 1601-17++ - 3 MON 6 TUE 1 WED 4 THUR 3 FRI 6 SAT 1 SUN 1 a E c q 3 A Saratoga News ~ City Sees Increase In Mail Theft Page 1 of 3 February 13, 2001 :. Saratoga, California Since 1955 dJ'Q~2.~t°~~~~~ ~ '~~' ~4,(~ focal readers celebrate Mail theft a growing Steinbeck centennial ~(?}§'i • problem In News Briefs Ci[v Council will not endorse WV-MCC bond Saratoga measure Benson's Antioues searches for new Sobey Road residents report a concentration location WV-MCC victorious in By Rebecca Ray t,°°'aws°it5 Public safety center may On Jan. 25, two next-door neighbors on Sobey Road reooire ma;or retninkin° reported to the Santa Clara County Sheriff s Office that their mail was stolen on both Jan. i8 and 24. c-ty exr'e=~"`e5 increase in mail thefts Fifteen minutes later, another Sobey Road resident reported mail theft between Dec. 26, 2ooi, and Jan. some ite.n5 nave be°° recovered from recent 3. A fourth Sobey Road resident told the sheriffs burolaries office Jan. 24 that his mail was stolen Jan. 22, even though his mail carrier said he delivered it. Board °f suoervisors renews Mountain Winery's conditional-use ep rinit Sobey Road residents aren't the only Saratogans who've experienced mail theft recently. Mail theft has letters & l~pi~ioRs picked up in the.last couple months, say Saratoga t.etters Postmaster Curtis Jewell and Sgt. Detective Mike Commentary: Suooort Powers of the sheriffs office. Mail has even been Measure E stolen from mailboxes next to front doors, Powers adds. Since Dec. i5, 2ooi, 25 reports of mail theft VaiieYNomes have come from Saratoga, says Doug Nunes, U.U. The Real deal Postal Inspection Service information officer for Mediation is often a Northern California. better alterdative to lenathv trials when it comes to real estate dis°utes http://www.svcn.com/archives/saratoganews/02.13.02/mail-theft-0207.htm1 3/28/2002 Saratoga News ~ City Sees Increase In Mail Theft Mail thieves, who usually steal mail so they can obtain other peoples' identification information to steal their cash, often look for credit card applications and statements and checks. Mail thieves have been known to "wash" checks and alter the amounts. Identity theft is one of the fastest-growing crimes in the nation and has increased i,4oo percent in the United States since 1997, according to Deputy Robert Bosworth of the sheriff s office. The Postal Inspection Service has several leads, Nunes says, and officials suspect a group out of San Jose that is targeting Saratoga because of its affluence. However, he says, the Postal Inspection Service has not yet charged anyone. Jewell says he is talking with City Manager Dave Anderson and is considering hosting an informational town meeting. To prevent mail theft, Jewell and Powers say, residents can mail their bills from the post office, instead of leaving them in mailboxes. According to Jewell, people should also watch for their letter carriers if they're home. Nunes recommends taking the mail out of the box as soon as possible after delivery. Residents who are away for extended periods of time should have someone else do it, he says. According to Jewell, Saratoga letter carriers are trying to deliver mail to homes at a consistent time each day, so that residents know when, their mail is supposed to come. Residents should be vigilant about what happens in their neighborhoods, Nunes says. He recommends reporting suspicious cars that are parked along the street and recording the license numbers of cars that drive from one box to another. People can also buy lockable boxes, which hardware stores and hardware store catalogs sell. Jewell says he plans to put catalogs that contain information about ordering lockable boxes in the Saratoga post office locations. People drop mail into the tops of Page 2 of 3 Local Home Sales Listin s Sa;ataga Style Village Briefs Saratoga filmmaker Michael Andres to tlebut film at Cineguest Aegis Gallery presents 'Hearts and Flowers' exhibit Engagement: Jennifer Vigil and Mark Chiavetta Coramns Saratooa 5tereooticon Saratoga Sampler Garde~ring Snails are one of the most damaging garden nests tlinirg Guests can ezoerience Victorian high tea at Lisa's Tea Treasures Spo~`s Snorts Briefs High school basketball Saratoga High School soccer Blossom Valley Athle[ic Lea ue wrestling finals Calendar Lectures readings, auditions snorts & recreation, announcements, theater & arts. kids' stuff. club public meetings... feedback Somethino to saN ~.J http://www.svcn.com/archives/saratoganews/02.13.02/mail-theft-0207.htm1 3/28/2002 Saratoga News ~ City Sees Increase In Mail Theft ' lockable boxes, which look like regular mailboxes, and the mail drops into a lower box that the owner can lock. Lockable boxes range from about $ioo to several hundred dollars, according to Nunes..,. However, they're too small for some Saratoga residents, who receive large amounts of mail, Jewell says. Powers and Jewell also recommend that neighbors pool their money and buy consolidated delivery/neighborhood box units. For about $800, a neighborhood can buy a fiberglass or hard rubber box, which contains lockable mailbox units for neighborhood residents. The boxes are installed with agreement from the U.S. Postal Service. However, Nunes says he's reluctant to recommend them, because some residents may see longer trips to their mailboxes as more inconvenient. In addition, Jewell says, some Saratogans say they don't fit the character of their neighborhaods. Also, Nunes says, mail thieves have broken into boxes made of light aluminum. The consolidated boxes actually made it easier for them to steal mail from several residents in a neighborhood. However, companies no longer sell light aluminum boxes and are making fiberglass and hard rubber boxes that are more secure, according to Nunes. Keith Keber, customer service supervisor for the post office on Allendale Avenue, says residents should be aware of unusual credit card charges, new accounts opened without their authorization, checks that may be fraudulently cashed and checks they expect tb receive that go missing. Nunes says victims should report incidents directly to the Postal Inspection Service by calling 408.938.4802. Copyright ©SVCN. LLC. Maintained by Boulevards New Media. Page 3 of 3 http://www.svcn.com/archives/saratoganews/02.13.02/mail-theft-0207.htm1 3/28/2002 SARATOGA CITY COUNCIL MEETING DATE: Apri13, 2002 AGENDA ITEM: /~ ORIGINATING DEPT: City M~ana e~_CITY MANAGER: «~ PREPARED BY:`i~„~~/ ~ov~.~ ~ DEPT HEAD: Paula Reeve SUBJECT: Update on Big Basin Way Traffic Matters RECOMMENDED ACTION(S): Informational Only REPORT SUMMARY: In response to a resident's concerns, Councilmember Waltonsmith asked staff to have speeding on Big Basin Way evaluated, as well as the need for additional stops signs or signal lights at 4~' Street. As an initial solution, staff asked the Sheriff's Department to provide directed enforcement along Big Basin Way. Consequently, Sheriffs Department representatives will attend the meeting to present their recommendations and findings. Traffic Engineer Sohrab Rashid from Fehr and Peers will also submit a report outlining his initial progress on determining whether stop signs or signal lights are warranted to slow down traffic, and ways to emphasize the crosswalk to make it safer for pedestrians. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT ACTING: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT; N/A ATTACHMENTS: N/A i CITY OF SARATOGA Directed Traffic Enforcement Report BIG BASIN WAY Submitted by: Santa Clara County Sheriff s Office West Valley Patrol Division Captain Dennis Bacon March 28, 2002 MEMORANDUM Office of the Sheriff West Valley Patrol Division (408) 867-9719 TO: Saratoga City Council Dave Anderson, City Manager FROM: Deputy Carl Neusel, #1652, West Valley Patrol SUBJECT: DIRECTED TRAFFIC ENFORCEMENT REPORT RE: BIG BA51N WAY DATE: March 28, 2002 OBSERVATIONS AND ASSESMENTS: Big Basin Way (Highway 9) has become a significant route for morning northbound commute traffic. From 01/31/02 to 02/06/02 I monitored Highway 9 from Springer Road through downtown Saratoga to Saratoga Sunnyvale Road. I monitored traffic starting at approximately 0700 hours generally until approximately 0800 hours. Several Saratoga residents had complained of speeding traffic through town, and were also concerned with motorists not yielding to pedestrians in crosswalks. I first monitored speed via radar in the vicinity of Big Basin Way and Third Street. From this vantage, I was able to observe traffic proceeding straight on NB Big Basin Way past Fourth Street. Most vehicles traveled between the posted speed limit of 25 MPH and 29 MPH in this stretch. Few vehicles exceeded 30 MPH. Pedestrian traffic was light. Having not encountered a speed problem on Big Basin Way north of Fourth Street, I monitored traffic via radar in the area of Big Basin Way at Fifth Street. The speeds of the vehicles traveling NB increased slightly, with approximately 32 MPH being the average. It appeared motorists would decrease their speed as they entered downtown Saratoga in the vicinity of Fifth Street, and would slow further as they approached Third Street. Motorists, as they pass Fifth Street, must negotiate a left bend in the road. From my vantage point north of this bend, it appeared motorists were speeding around the bend, but in actuality they were traveling between 25 and 32 MPH. I believe the radius of the left bend contributed to this effect. I did observe vehicles speeding into town just south of Sixth Street. There is a sharp left bend with a 20 MPH cautionary sign as one proceeds north past Jacks Road. The posted speed limit in this section is 30 MPH, and many vehicles entered this bend too fast from the short straight-away past Springer Road, resulting in excessive speed as they entered the 25 MPH zone. I measured a top speed of 50 MPH and many ranging from 40 MPH to 46 MPH as motorists proceeded past Springer Road. In my opinion, many of these motorists would have continued into downtown at an excessive rate of speed. I observed that after 0800 hours,. traffic through downtown became heavy enough that the average speed dropped lower from the congestion. Pedestrian traffic crossing Big Basin Way was generally light in the mornings. I observed most pedestrians crossing Big Basin Way without using any crosswalks. Crossing Big Basin Way in this manner is not "jaywalking". "Jaywalking" is defined by the California Vehicle Code as: "Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk." [CVC 21955] Big Basin Way is controlled by a signal at its intersection with Saratoga-Los Gatos Road, but there is no control to the south. Further, the California Vehicle Code states: "Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of--way to all vehicles upon the roadway so near as to constitute an immediate hazard." [CVC 21954(a)] and, "The provisions of this section shall not relieve the drive of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway." [CVC 21955(b)] Pedestrians, therefore, may cross Big Basin Way at any point but must yield to oncoming vehicles. I observed no "pedestrian in crosswalk" violations, or "failure to yield to pedestrian" violations. 4 ENFORCEMENT SUMMARY: On the first two days of enforcement, a Thursday and Friday morning approximately 0700 hours to 0800 hours, I cited only 1 vehicle for speeding (37 MPH) through downtown at Big Basin Way at Fourth Street (posted 25 MPH). The violator was a Saratoga resident who resided off of Tollgate Road. At the beginning of the left bend NB into town (north of Jacks Road), I cited 4 motorists for speeding. All were headed NB toward downtown and their speeds ranged from 44- 50 MPH (posted 30 MPH). Additionally, I cited 2 motorists for not wearing seatbelts, 1 for expired registration and 1 for defective equipment, for a total of 9 citations. Most of the violators resided in Santa Cruz County. On Tuesday, 02/05/02, I issued 2 more speeding citations to motorists NB on Hy 9 at Jacks Road. I also monitored traffic through downtown Saratoga at Big Basin Way at Fourth Street from approximately 0700-0730 hours and observed no speeders. The average speed was 27 MPH. On Wednesday, 02/07/02, from approximately 0800 hours to 0900 hours, I cited 1 motorist for speeding and 1 motorist for expired registration. I noticed that motorists had become aware of my presence up and down Big Basin Way and paid closer attention to their speed through town and as they entered town. In 4 momings of enforcement, I issued a total of 13 citations, 8 for speeding. If I was not consistent in the times I monitored traffic through downtown, it was because I had to break away to respond to traffic collisions and to assist beat units. CONCLUSIONS AND RECOMMENDATIONS: • I observed no pedestrian/crosswalkuiolations. In fact, a number of pedestrians would step from the curb into the street and then look for approaching vehicles. Most pedestrians crossing Big Basin Way in the morning did not use crosswalks. As stated in the Observations/Assesments part of this report, this is not a violation per the California Vehicle Code. • I believe there was a speeding problem as motorists entered downtown. I believe that my enforcement efforts and presence slowed many. In my opinion, formed in part from conversations with out-of--area motorists that I cited, the motorists that travel Hy 9 are a rather finite lot in that they travel the road every day to and from work and choose not to travel any other route. By spending several momings enforcing the speed limit in a highly t visible manner parked on Big Basin Way at Third Street, and Big Basin Way at Jacks Road, I think most who commuted daily saw me. I believe, therefore, that periodic enforcement, at least once a week, is necessazy to remind motorists that the speed limits will be enforced. • I believe the speed limit signage on Hy 9 NB toward downtown Sazatoga is inadequate. The last 30 MPH speed limit is approximately 500 feet south of Tollgate Road. I think CalTrans should post a sign facing the NB lane at Jacks Road (near the Hakone Garden entrance) stating " 25 MPH zone ahead". Motorists proceeding NB into downtown Saratoga will then have a reminder that the speed limit decreases from 30 MPH to 25 MPH. j _ _ _ . - ~yZOZ ,~ N Q ~ F Q n\ O 1 ` F-QQ~Z Q ~~ WOLLLLm •~ ~1 ~~~z~g ~ FV Q ~°~~~~ a ~~~~~~ COT 1 k SARATOGA CITY COUNCIL MEETING DATE: April 3, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~~ PREPARED BY: Lorie Tinfow DEPT HEAD: ~- ^ ''v ~N SUBJECT: Saratoga Library Room-Naming RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: The Library Bond prohibits fixnds to be used for expenditures other than those related to construction or fixed interior equipment. As a result, no funds are available for furniture or movable equipment. The Friends of the Saratoga Library aze preparing to fundraise for furnishings, fixtures and equipment, and plan to launch their campaign in April. Fundraising options will include engraved floor tiles, engraved decorative book spines, and donor plaques. In the course of the Friends' planning, the question of whether or not to offer room-naming as a fundraising option was raised. The Friends have decided not to pursue the idea. However, Councilmember Bogosian asked that the topic be presented to Council for consideration in case interest was expressed by a future donor. The Friends' fundraising options range up to $100,000 which will be recognized by large lettering on a main donor recognition plaque in the lobby area. Room-naming as a library fundraising tool has been used in a number of libraries although none in Santa Clara County. Neazby examples include the San Francisco Public Library and the Orinda Library. The range of naming opportunities can extend to spaces other than rooms. For example, in Orinda donors named an art gallery ($200,000), a toddler area ($100,000), the browsing court ($50,000), a reference court ($50,000), the tutoring room ($50,000), various alcoves ($50,000) and carrels ($50,000). Copies of materials from various libraries are attached for your information. The Friends of the Saratoga Library aze optimistic that adequate funds will be raised to cover needed library furniture and equipment. However, if Council wants to leave the option open, a policy that includes specific naming opportunities and expected dollar contributions would need to be developed and adopted. FISCAL IMPACTS: - Fiscal impacts are unclear at this time. The opportunity for a significant contribution to the library exists but to date no such donor has been identified. By having no room-naming opportunity, the City could lose out on funds that could either be added to the fundraising already underway or pay for enhancements not in the current budget. By having such a policy, there is no certainty that a donor would be identified. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No recommended action. ALTERNATIVE ACTION(S): Adopt a policy of no room-naming options. Direct staff to develop a draft room- or space-naming policy for Council consideration at a later meeting. FOLLOW UP ACTION(S): Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Copies of materials from other libraries. ~~ 2 of 2 r , i '~ s arsb. or~a. ~,., ar. ps6enr w uw !o/ow~q aoeKas,visow St!'ta ..~ by ~amowi«dpa w itM6eaaa reahorR~oemda s~sooon rl.:p FomaBn (w bo aaaaauwedj S7S0,000 Olam CYiidssn'a u'brsry 53W,OOo Eolgax rlee oanmy 5200,000 r.+~ ~ ~ cm to aaaomo.d) szooooo Sa+vrbrrca Toddbr Az~a 5100,000 Dary! 1SswYma Mansorid Yosmg Adult A~oa 5100,000 Hrol~atagn c~.tr Cp~•~ s.tooooo Roadiog c.rarxa(P~aJ sloo,ooo tit Cost s Iooooo ooo sso vet IA~y > z,md~$ ca.:t sso,ooo Peaao Ivlwo~a Gass 530,000 xla~e coot ssoooo PRalaa¢ primadeCkToe 530,000 WooQ 7bmtiag Room 530.000 Joao S. Mastgomory Aloow {Adult) S30.000 Wine Aioorn (Yomty Ada&) 530,000 antdmi01 AIoaw (GSaUdreo's) 530.000 How Aloow (Toddlots') SS0,000 DeJanylse Study Camd¢ S30,000 Odnds Wasmue's and h. Wotaa'a Fh+plsaa 530,000 Apal I9, 2001 1... J J ''1 HGiGR CC> C'JC 1 NO I Ne 1 •r.e~? r n r..~ I.rrvr r r. rr+'.. -~ •....-~ .~-. .. The Board of Trustees Columbus Metropolitan Library Naming Library Facilities The Board of Trustees of the Columbus Metropolitan Library has the sole responsibility for naming or renaming library facilities. The purpose of this policy is to enable the Board from time to time to recognize the generosity of an individual(s) and/or corporation(s), foundation and/or other donor(s) by choosing to create a specific designation for a library facility. Naming Library Buildings Library buildings that are new, relocated or significantly remodeled may be named or renamed 6y the Board. The Board wil] honor a donor that wishes to have a library building bear a designated name when the donor agrees to contribute at least 50 percent of the initial estimated cost of construction of the building. When a donor desires exclusive naming rights for the entire facility, the donor will agree to fund the cost of construction, equipment and the facility's collection at a percentage rate established by the Board but not less than 75 percent of the total estimated cost. Donors that wish to name a library building must share the name of the neighborhood of the library, unless otherwise agreed upon by the Board. Naming contributions may be accepted for libraries that are a part of the library's tax-supported construction schedule. When a donor wishes a building, space or facility to bear a desired name and tax dollars are available to fund the project, the donor may contribute the equivalent sum detailed above to the library foundation. II. Other Library Spaces tvieeting rooms, reading lounges, special use areas, collections, equipment, gardens, walkways and other interior and exterior spaces and facilities may be named or renamed by the Board in new, relocated or significantly remodeled buildings and/or if the specific space er equipment in an existing library is nev,-, relocated or significantly remodeled. Levels of contributions for naming rights will be jointly recommended by the Director of Communications and Director of Development based upon actual cost of the space or equipment with consideration of the value of the designation to potential donors. Recommendations for these levels must be approved by the Board Developtent Committee for implementation. III. Donor Recognition Following Board approval of a selected name, the Library will install appropriate signage to recognize and cite the donor s significant role in expanding the scope of library services. The Library will refer to a facility or space by the correct name in all library printed and electronic materials, signage, etc. IV. Payment and Conditions The Library Development Director will be responsible for creating a written agreement for each donor that will be jointly signed by the donor and the Library Director. The agreement will contain conditions, terms and a payment schedule for the contribution. V. Condition of Acceptance While the Board is grateful for and encourages donations from all individuals, businesses and organizations, the Board will decline naming proposals from donors related to religious or political organizations. All final decisions on donor designations rest with the Board of Trustees. The Board has the right to decline any gift to the library. Y~....dl Proposed Policy Title: Gift Acceptance/Naming Facilities Policy Date Approved: August 30, 2001 Effective: August 30, 2001 Approved By: Board of Trustees Replacing: New Policy . The purpose of this policy is to enable the Boazd from time to time to recognize the generosity of an individual(s)and/or corporation(s), foundation and/or other donor(s) by choosing to create a specific naming designation for a library facility or portion of a facility. While the Board is grateful for and encowages donations from all individuals, businesses and organizations, the Board has the right to decline any gift to the library and/or reject naming proposals. The Board of Trustees of the Columbus Metropolitan Library has the sole right to name or rename library facilities. Naming Library Buildings and Other Spaces. The Board of Trustees may name or rename Library buildings that are new, relocated or significantly remodeled. Meeting rooms, reading lounges, special use areas, collections, equipment, gardens, walkways and other interior and exterior spaces and facilities may be named or renamed by the Board to recognize a donor in new, relocated or significantly remodeled buildings and/or if the specific space or equipment in an existing library is new, relocated or significantly remodeled. The Board will review, consider and approve or decline a proposal that a library building bear a designated name only when a prospective donor wishes to contribute at least 50 percent of the initial estimated cost of construction of a qualifying building. The Board may grant exclusive namine rights for an entire facility if a donor agrees to fund the cost of construction, equipment and the facility's collection at a percentage rate established by the Board but not less than 75 percent of the total estimated cost. The name of the neighborhood of the library will be included in a facility's name unless otherwise agreed upon by the Board. The Board may choose to grant naming rights for buildings and other spaces that are a part of the library's tax-supported construction schedule if a donor contributes the equivalent sum detailed above to the Carnegie Society Fund. ' 05-23-199 U'~~~15PM i, s !~ `~ FP~JhI pierce InstrtOtz Library TO MORSE INSTITUTE LIBRARY '' Named Civing Opportunifies ~I ' Spring 1997 j~ '~ ~) ~ i ~i i i 'Children's RoomsLFamily Services ;~ Large Community Meeting Room ;, ~'eriodical corridor and newspaper room ltocal History Room (includes climate control) 'i tiiledium~Commuriity Meeting Room ~rusiee Conference Room ,'j Study Room -octagonal ~~ Cafe and area i ~~ young Adult Roorn ,i ~tudy Rooms Kitchen `~ 41~734433?81 I P. L'_ $200,000 $2oo,oao $100,000 j $700,000 $50,000 ' 550,000 ~~ $25,000 $25,000 $25,000 j 7 ~ $ t o,oao $10,000 General Areas of the Library: i Non-fiction $25,000 Reference Area i $25,000 : Fiction i $25,000 Newimaterials ~ $25,000 Large print ~ $25,000 C:hildren's Area: Children's Program Area + Children's Reference Desk Double brick bay Single brick bay PpSt-It'Fiix Note 76 71 ! Dares ~ ~ pegea~ / 1 Ta ~~/ ,6~.OglcY/i Clt/'. From ~ LL9A~ ~{7/f D ~ co. ~A~ ,=~?K~~, / ~ '! Fhone~.j. - ~I FJ/ TT Pho n e x D~_ / ?._ X/ ~ ~ Fex x Fax x 'J~D ~. .~ Y~G $25,000 ~ $25,000 2 ®$20,000 t Q $70,000 65-22-159303~15PM FROM Morse Institute Litrary lyobby w/display {):irculation Des eference Desk j i ~olt'ections: , Fiction CHild~en's { Art ' 1 Business ' ~ History R Science TO 915?34433251 F.0_' Tectlnology a stations Bran's Memorial fined Glass Windows fined Glass Ceiling ium Skylight ce in Wonderland Area $aao,ooo $~s,ooo $50,000 ' $20,000 $20,000 $10,000 $10,000 $10,000 $10,000 ' i i $250,000 i 2 @ $25,000 ao @ $z,soo $50,000 ~4 @ $25,000 ' ! $25,000 $25,000 ~ $10,000 I ' C~th`er possibilities: ± Landscaping (construction, maintenance, endowment) r Benches Security System Elevators Lower Level; Display Cases Cafe displays • Bay Window Carrels Individual Study Carrels i ~. 1 ' i $200,000 i 4 @ $5,000 ' $25,000 i 2 @ $25,000 z @ $s,oou 3 Q $5,000 16 ®$1,000 j 7 0 @ $, .000 a i c I I ,. i TOTAL F. U2 s JU1V rt~til t t', rUtaLl~ L1DiAtll~I Specific ®ppottunities for Giving $2 50,000 Community Meeting Room ~~L~ $1 50,000 Quiet ReadingAoom 5[~~ $1 00,000 Computer Teaching Lab $ 75,000 East Tower o est Tower SOLD $ 50,000 Conference Room- SOLD $ 50,000 Friends' Book and Coffee Shop-SOLD $ 50,000 New Books Display Area $ 50,000 Children's Story Hour Room $ 50,000 Entry Driveway $ 35,000 Small Meeting/Study Rooms $ 35,000 Drive-up Book Return $ 35,000. Children's Wing Screened Porch $ 35,000 Adult Wing Screened Porch-SOLD $ 30,000 Circulation Desk $ 30,000 Reference Desk $ 30,000 Children's Desk $ 25,000 Children's Wing Gateway $ 25>000 Entry Lobby-SOLD $ 25,000 CazeerCenter-SOLD $ 25,000 Business Reference Area-SOLD $ 25,000 Friends' Room-SOLD $ 25,000 Staff Lounge ~L~ $ 20,000 Children's Play Area- SOLD $ 20,000 Young Adult Area-SOLD $ 20,000 Large Print Section- SOLD $ 20,000 Audiovisual Area ~( ~ $ 20,000 Exterior LibrarySignage $ 20,000 Landscaping of the Entrance and Parking Lot $ 1>,000 Exterior Gardens- SOLD $ 10,000 Indi~idua] large furnishings, i.e., book stacks, electronic work stations $ 5,000 Indi~~dual furnishings, i.e., study carrel large study tables All abore don ors u~iU be noted an We Donor Recognition U'a and by a plaq ue at the chosen site. for a detailed descrrp[io. ojitems and ojrecognition, please tonsult acrompanyinglil eralure, or [aU the library Director at 837-Srrf4. i M A SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~li-~'j- PREPARED BY: Lorie Tinfow DEPT IIEAD ~ c- MEETING DATE: April 3, 2002 AGENDA ITEM: SUBJECT: Santa Clara County Library Lease RECOMMENDED ACTIONS: Provide direction to staff on lease terms to be negotiated with Santa Clara County Library for their use of the newly constructed library. REPORT SUMMARY: Library services in Saratoga are provided under a lease agreement between the City of Sazatoga and the Santa Clara County Library (Library). The City owns the building while the Library provides the materials, furniture and personnel. The most recent lease was set to terminate in 2003 with the ability for 30 year renewal in 10-year increments at the Library's request. With the expansion and renovation of the Sazatoga Library, either a new lease or a lease renewal is needed to reflect the building changes and update the remaining terms and conditions. Copies of both the new draft lease and the old lease are included with this report. Significant deletions from the old lease include language about land acquisition, design process and construction, bond issuance and repayment terms, and termination resulting from failure to secure financing. The new lease tames forward many of the same terms and conditions of the old, and an overview of significant provisions follow: Use of Premises. Use is restricted to maintenance and operation of a branch library, and any sublease or occupation by others is precluded without the City's prior written consent. Alterations, additions and maintenance. The Library is responsible for maintaining the interior and exterior of the building without limitation. The City is responsible for maintaining anything beyond the exterior walls of the building, i.e., landscaping, sidewalks, parking ]ot. The Library is precluded from making any alterations or additions (such as moving walls, changing floor coverings, moving light fixtures, etc.) without prior written City consent. Taxes and Utilities. The Library is responsible for all tax liability and utility costs. H Liability and Insurance. The Library and the City agree to mutually indemnify each other from liability based on the same division of maintenance responsibility-anything that happens inside the library or related to the exterior of the library is the Library's responsibility; anything related to landscaping, the sidewalk or parking lot is the City's. Both the City and the Library are required to maintain liability insurance at the City's standard limits. Termination. The Library is permitted to terminate the lease agreement if the City decides to withdraw for any reason from the Santa Clara County Library system. The City agrees to .give one year notice should it decide to withdraw. Staff requests direction on terms and conditions for the new lease; some specific issues follow: • Term length. The current lease covers 25 years and permits three 10-year renewals. As part of the 1974 lease, the Library committed to contributing toward the bond repayment and the lease length was designed to roughly match the bond repayment term. Now, the lease covers only operations so a shorter term length of, say, five or ten years with renewal options, maybe more appropriate. • Cafe operator. The new library includes space for a cafe that would operate in a restricted space. At this time, staff understands that the Friends of the Saratoga Library will operate or arrange for operation of the cafe, however details have not been worked out. Some concern has been expressed about the possibility of a coffee franchise being identified as the provider. Staff suggests that the City retain final approval of any cafe provider with language to that effect included in the new lease. • Exterior building maintenance. The current lease requires the Library to maintain the exterior of the building. Interest has been expressed in having the City maintain the exterior of the new building. This new responsibility would necessitate staff time or additional contractor fees for services such as painting or roofing. However, the benefit of having control over this aspect of a significant City asset may make additional costs a reasonable investment. . • Digital HVAC system assistance. Council chose to have digital heating, ventilation and air conditioning (HVAC) controls installed in the new building. The Library is concerned about maintenance and operation issues associated with the new system since other Library buildings do not have these state-of--the-art controls. The City could offer assistance with managing and maintaining the new controls for a limited time to help alleviate Library staff concerns. Construction of the new library is expected to continue until next Spring. FISCAL IMPACTS: Should the Council decide to-take responsibility for additional building maintenance-and/or limited assistance with HVAC control system maintenance and operation, some additional costs z will result. With Council direction, staff will develop cost estimates for each or for any additional costs identified as part of the lease. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Without an executed lease between the City and the Santa Clara County Library, Library staff cannot move in to the new facilities and no library services can be provided to the public. ALTERNATIVE ACTIONS: Instead of a new lease agreement, the existing lease could be amended to include the new building description and a renewal could be granted to the Library. FOLLOW UP ACTIONS: In concert with the City Attorney, staff will finalize the draft lease agreement and bring a revised version back to Council for consideration. Once approved, staff will send the document to the Santa Clara County Library for review and comment. Staff will then bring back the final draft for Council approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Draft library lease minus the Exhibits noted in the lease • Copy of the19741ease ~~ 3 DRAFT -- Apri13, 2002 LEASE AGREEMENT SARATOGA BRANCH LIBRARY THIS LEASE AGREEMENT is made and entered into between CITY OF SARATOGA, a Municipal Corporation, hereinafter called "Lessor", and COUNTY OF SANTA CLARA, State of California, hereinafter called "Lessee" as of the Effective Date specified below. WHEREAS, Lessor owns real property located at Saratoga Avenue in the City of Saratoga, County of Santa Clara, State of California (Assessor's Parcel No. ~, as more particularly described in Exhibit "A" attached hereto ("Property"); WHEREAS, Lessor currently leases certain facilities on the Property to Lessee for the maintenance and operation of a branch library for the County of Santa Clara pursuant to the "Lease Agreement Saratoga Branch Library" between Lessor and Lessee dated August 20, 1974 and as amended thereafter ("1974 Lease Agreement"); WHEREAS, Lessor is, in consultation with Lessee, developing pans and specifications for expansion of the branch library facilities on the Property to include (1) a building containing 49,000 square feet more or less for community library operating facilities; (2) a vehicle parking area sufficient to provide parking space for approximately one hundred sixty (160) automobiles; and (3) landscaping appurtenant to the building and parking areas (collectively referenced hereinafter as the "Improvements"); WHEREAS, Lessee proposes to provide at its own cost and expense all interior furniture and furnishings necessary to the operations of a branch library in the expanded facility; and WHEREAS, in light of the contemplated expansion the parties desire that upon commencement of construction of the Improvements the 1974 Lease Agreement be superseded in its entirety and replaced with this Agreement. NOW, THEREFORE, in consideration of, and subject to, the terms and conditions hereinafter set forth, Lessor and Lessee agree as follows: Description of Property. Lessor hereby agrees to lease to Lessee, and Lessee agrees to lease from Lessor the Property and the building and all improvements erected thereon by Lessor (collectively referenced hereinafter as the "Premises."). Effective Date; Occupancy: Term of Lease. A. This agreement becomes effective ("Effective Date") upon its execution by both parties. B. Prior to the Effective Date, Lessee occupied the Premises under the 1974 Lease Page 1 DRAFT -April 3, 2002 Agreement. Lessee has been directed by Lessor to vacate the premises by August 1, 2001, in order to allow construction of the Improvements. As of the Vacation Date, the 1974 Lease Agreement shall be of no further force and effect. C. Notwithstanding any other provision of this Agreement, between the Vacation Date and the Issuance of the Notice of Completion (as defined below) Lessee shall have no right to occupy the premises. During this period Lessee will operate a reduced services branch library facility on premises leased by Lessor and subleased to Lessee in accordance with the terms of the sublease agreement attached hereto as Exhibit B. D. Upon completion of the Improvements Lessor shall issue to Lessee a Notice of Completion certifying that the Improvements have been completed and that the Premises are in condition and ready for occupancy. The County Executive of the County of Santa Clara or his designee shall have the right to inspect the premises for compliance with the plans and specifications for construction of said premises, which inspection shall be made within ten (10) days after receipt by Lessee of Notice of Completion. Lessee shall be entitled to occupy the Premises subject to all the terms and conditions herein upon receipt of the Notice of Completion. E. The Term of this lease shall be thirty (30) years beginning on the first day of the month following receipt by Lessee of the Notice of Completion. 3. Use of Premises. A. The Premises shall be used by Lessee for the maintenance and operation of a branch library for the County of Santa Clara and for no other' purpose. B. Lessee shall not lease or sublease the whole or any part of the Premises, nor sell or assign this lease, either voluntarily or by operation of law, nor allow the Premises to be occupied by anyone contrary to the teens hereof, nor permit their use for any purpose other than as hereinabove specified, nor abandon or vacate the Premises, nor fail or refuse to actively cause the Premises to be used as hereinabove specified for the purposes of this lease, without the prior written consent of Lessor. 4. Alterations. Additions, Maintenance. A. During the term of this lease or any extensions thereof, Lessee shall keep and maintain the Premises, including without ]imitation the interior and exterior of said building and such furniture and furnishings as are installed, in good and tenantable condition, excepting exterior sidewalks, entranceways, parking facilities and landscaping improvements all of which are outside the exterior walls Page 2 DRAFT - Aprit 3, 2002 of said building. Sole responsibility for such sidewalks, entrance-ways, parking facilities, grounds, and landscaping improvements shall lie with the Lessor. B. Lessee shall not make any alterations, changes or additions to the Premises without obtaining prior written consent of Lessor which consent, however, shall not be unreasonably withheld. Alterations, changes, or additions requiring Lessor consent shall include, but not be limited to [moving interior or exterior walls, changing any fixed wall or floor covering, etc.J. Any such alterations, changes or additions made by Lessee shall be at the sole cost sand expense of Lessee, and, upon termination hereof, said alterations, changes' or additions shall inure to the benefit of Lessor, excepting however, trade fixtures, lighting fixtures, partitions, appliances, equipment, furniture and other improvements placed on the Premises by Lessee; providing that upon termination of this lease, Lessee shall have thirty (30) days in which to remove said trade fixtures, lighting fixtures, partitions, appliances, equipment, fiuniture and other improvements installed by it on the Premises. If requested by Lessor at any time during the term of this Lease, Lessee shall promptly remove, at its sole cost and expense, any alterations, changes or additions to the Premises made without obtaining prior written consent of Lessor. C. Lessee shall have the obligation to furnish and install, and keep in good condition and repair all such furniture, fixtures, book shelving and equipment as may be necessary or proper in order to carry on the use of a public library. Taxes and Utilities. Lessee shall pay for all water, gas, heat, light, power, telephone, sewage, janitorial and any and all other utilities and services which maybe furnished to or used in or upon the Premises during the term of this lease. In addition, Lessee shall pay any and all taxes and all special assessments for public improvements as may be levied against the Premises or any part thereof. 6. Liability and Insurance. A. Lessee hereby agrees to defend and save harmless Lessor from any and all claims, demands, actions, losses or liabilities for bodily injury or death to persons or damage to property arising out of the ownership, occupation, use or repairs of the Premises, and Lessor hereby agrees to defend and save harmless Lessee from any and all claims, demands, actions, losses, or liability for bodily injury to persons or damage to property arising out of the ownership, occupation, use or repairs of the exterior sidewalks, entranceways, pazking facilities, grounds, and landscaping improvements. This mutual indemnification agreement is adopted pursuant to Govemment Code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code section 895.6. Page 3 •. DRAFT - Apri[ 3, 2002 B. Each party shall maintain public liability insurance with limits of not less than Five Million dollars ($5,000,000) Combined Single Limit Bodily Injury and Property Damage Liability on occurrence form which insurance shall be primary and not contributing with any other insurance, self-insurance, or re-insurance in effect for the other party. Lessor and Lessee each waive the rights of subrogation that may arise against the other due to any act covered by insurance. C. Lessor and Lessee shall furnish, each to the other, a Certificate of Liability Insurance demonstrating the coverages specified herein and stating that at least 10 days notice of cancellation or material change shall be given to the Certificate holder. If at any time during the term of this lease either party shall elect to become self insured or carry deductible liability insurance, it is agreed that the responsibility of each party under this paragraph shall be comparable to the responsibility of a commercial insurance carver providing public liability insurance. 7. Responsibility for Damage and Insurance A. Lessee shall be responsible for all loss or damage to the building, howsoever caused, except as may be otherwise provided. Lessor shall be responsible for all loss or damage to exterior sidewalks, parking facilities, grounds or landscaping improvements. B. Lessee agrees to provide insurance on the building and contents for the benefit of Lessor and Lessee, as their interests may appear, on the same terms and conditions, forms, and against loss from the same perils as provided for County- owned buildings and contents. Neither insurance nor the absence thereof shall abrogate or limit the responsibility of the Lessee for damage to the building as called for herein. Lessee's maximum liability under this paragraph shall be limited to the replacement cost of the building with like kind and quality. Damage or Destruction to Premises. In the event of damage to the building by fire or other casualty, the Lessee shall, with the concurrence of the Lessor, which shall not be unduly withheld, promptly and with due diligence proceed with restoration. Any applicable insurance proceeds shall be used in their entirety in the restoration of the building. 9. Default and Reentry. In the event of any breach of any other obligation to be performed by Lessee hereunder which is not cured within thirty (30) days of the date upon which notice of such breach is given to Lessee, or upon the abandonment or vacation of the Premises by Lessee, Lessor, in addition to any other rights or remedies as maybe . provided by law, shall have the right of immediate reentry, without notice, and may remove all persons and property from the Premises. Should Lessor elect to reenter as Page 4 DRAFT - Apri13, 2002 herein provided, or should Lessor retake possession pursuant to legal proceedings or pursuant to any notice provided by law, Lessor may either terminate this lease, or may in the alternative take over the operation of the Premises as a public library, either through its own officers, agents or employees, or through any independent contractor or contracting firm, at its option. No reentry or taking of the possession of the Premises by Lessor shall be construed as an election on its part to terminate this lease unless a written notice of such intention is given to Lessee, or unless the termination thereof be decreed by a court of competent jurisdiction. Should Lessor retake possession pursuant hereto, without termination, and continue the use of the Premises as a public library, Lessor shall have the right to the use of all of the furniture, fixtures, equipment and inventory of books and other personal property used by Lessee in the operation and maintenance of its public library system, so long as Lessor continues the operation of the same in accord with provisions. If Lessor should take possession of the Premises and operate the same as a public library, without termination, Lessor may nonetheless at any time thereafter elect to terminate this lease for such previous default. 10. Termination This lease may be canceled and terminated by Lessee if the whole or a substantial part of the City of Saratoga served by the aforesaid branch library occupying the premises, . withdraws from the Santa Clara County Library System for any reason or purpose whatsoever. Lessor agrees not to withdraw all or any substantial portion of the City of Saratoga from the Santa Clara County Library System without giving Lessee at least one year prior written notice of such intention to so withdraw. 1 1. Notices. Any notice required or permitted to be given under this Lease must be in writing and may be given by personal delivery, certified mail, or Express Mail, Federal Express or other such express delivery service. Notices shall be deemed communicated immediately if personally delivered. Notices shall be deemed communicated within forty- cight (48) hours from the time of mailing if mailed by certified mail, and within twenty- four (24) hours if mailed by express delivery service, excluding Saturdays, Sundays and holidays. Any such notice shall be deemed sufficiently given if addressed to Lessor or Lessee at the address specified below. Either party may specify a different address for notice purposes, or specify that a copy of any notice given to such party be concurrently given to another person, by giving appropriate notice to the other party. To Lessor: City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Page 5 DRAFT - Apri[ 3, 2002 To Lessee: Santa Clara County Department of General Services Administration 1555 Berger Drive San Jose, CA 95112 And (which copy shall not constitute notice) to: County Librarian 1095 North Seventh Street San Jose, CA 95112. 12. Non-Waiver of Breach. In the event of a breach of any term, covenant or condition of this Lease by Lessee, Lessor may with knowledge of such breach permit Lessee to continue in possession of the Premises, but any waiver by Lessor of any term, covenant or condition herein contained, or of any breach thereof, shall neither vitiate the same, nor any other term, covenant or condition contained herein, nor operate as a waiver of any other or future breach. 13. Surrender of Possession on Termination. Upon the cancellation or termination of this lease, Lessee shall surrender the Premises in good order, condition and repair, reasonable wear and tear excepted. If Lessee elects to remove its trade fixtures, it shall have the obligation at its sole cost and expense to repair any and all damages caused in the removal of said fixtures, and shall remove all trash and debris and leave the Premises broom-clean. 14. Successors and Assigns Subject to the restrictions of Paragraph 3.B hereinabove, the within agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have subscribed their names on the dates set forth below. LESSOR: City of Saratoga, a municipal corporation By: Date: John Mehaffey, Mayor u Page 6 DRAFT - Apri13, 2002 ATTEST: By: Cathleen Boyer, City Clerk APPROVED AS TO FORM: Date: By: Date: Richard Taylor, City Attorney LESSEE: County of Santa Clara, State of California By: James T. Beall, Jr. Chairperson, Board of Supervisors Date: ATTEST: By: Date: Phyllis Perez-Sorensen Clerk, Board of Supervisors APPROVED AS TO FORM: By: Deputy County Counsel Exhibit List Exhibit A --Property Description Exhibit B -- Sublease Agreement Date: Page 7 ~~ LEASE AGREEMENT ~~~lll SARATOGA BRANCH LIBRARY THIS LEASE AGREEMENT is made and entered into as of [he date and year here- i nafter set forth, between CITY Of SARATOGA, a Municipal Lo rporaiion, hereinafter called "Lessor," and COUNTY OF SANTA CLARA, State of California, hereinafter called "Lessee." WHEREAS, Lessor proposes to acquire real property located on the West side of Saratoga Avenue opposite the McFarland Avenue entrance, in the~City of Saratoga,' County of Santa Clara, State of California as more particularly described in Exhibit "A" attached hereto: and WHEREAS, Lessor proposes to construct on said site (i) a building containing 20,000 square feet more or less for community library operating facilities; and (2) a vehicle parka n9 area sufficient to provide parking space for approximately one hundred (100) automobiles; and (3) landscaping appurtenant to the building and parking areas all to be utilized as and for a branch library of the County of Santa Clara, in accordance with plans and specifications to be approved by the parties hereto, and (4) Lessee proposes to provide at its wn cost and expense all interior furniture and furnishings necessary to the operations of a branch library of the County of Santa Clara; and WHEREAS, Lessor has offered [o lease said building and improvements to Lessee and Lessee desires to lease the same from Lessor, NOW, THEREFORE, in consideration of, and subject to, The terms and conditions hereinafter set forth, Lessor and Lessee agree as foilovs: 1. Description of Prope rty Lessor hereby agrees to lease to lessee, and Lessee agrees co rent from lessor the real property located on the West side of Saratoga Avenue opposite the McFarland Avenue entrance, in [he Lity of Saratoga, Coun[y of San[a Clara, State of California, as more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. Use of Premises (A) Said premises shall be used by Lessee for the maintenance and operation of a branch library for the County of Santa Clara and for no other purpose. The term "premises" Is defined to mean the real property above-described and the buiid- Ing and all Improvements erected thereon by Lessor. - 1 - , (b) Lessee shall not let or underlet the whole or any part of said premises, w . nor sell or assign this lease, either voluntarily or by operation of law, nor allow said demised premises to be occupied by anyone contrary to the terms hereof, nor permit their use for any purpose other than as he re inabove specified, nor abandon or vacate said premises, nor fail or refuse to actively cause said premises to be used as he re inabove specified in the putposes of this lease, without the prior written consent of Lessor. 3. Term of Lease: Extensions of Term. (A) This agreement becomes effective upon execution by both parties. (B) For purpose of occupancy, the term of this lease shall be for a period of twenty-five (25) years beginning on the date to be determined as set forth in sub- paragraph (C) hereof, ironed lately following and shall end on the last day of the twenty-fifth (25).year following the effective date of the term as so determined. Lessor hereby grants to lessee the sole and exclusive option provided Lessee be not in default hereunder to renew said lease for additional ten (10) year periods, which extensions of said lease shall occur automatically unless Lessee gives one year's advance written notice of Lessee's intention not to renew the lease prior to the end of the term, or any extension hereof. Said additional terms of the lease shall not be more than three in number, or thirty (30) years total. (C) for the purposes of occupancy the effective date for the commencement of the term of this lease shall be the first business day of the month following receipt by Lessee of written notice that Lessor has completed construction of the building and improvements herein and [ha[ the same are in condition and ready for occupancy, all in accordance with [he aforesaid plans and specifications for such projects, which notice shall be promptly given. Be it further provided that, as a condition precedent to the commencement of [he term and of the recording of a Notice of Completion by lessor, and of taking occupancy by Lessee, the County Executive of the County of Santa Clara or his designee shall have the right to inspect the premises for compliance with the plans and specifications for cpnstruc- Lion of said premises, which inspection sha 11 be made within ten (10) days after receipt by Lessee of Notice of Completion. - 2 - .. ... ... ~~ :iG-I 1.5 (D) Lessor and Lessee further agree to execute and deliver no later than fifteen (15) days after the commencement of the term of the lease for ~pu rpose of occupancy, an instrument in writing in duplicate certifying the date of beginning of the term, each party to receive one copy of the certificate ac knavledging such date of commencement of term. 4. Rental. . (A) It is understood by the parties hereto that Lessor intends to cause the completion of acquisition of said real property and the improvement of the premises and construction of said building thereon with moneys to be received from the sale of Lessor's twenty (20) year or more general obligation or other authorized bonds, - or in~the alternative with moneys to be made available from other sources in accord with a supplementary agreement, copies of which are attached hereto, if applicable, and the rental hereunder is predicated on this understanding. Lessor shalt cause to be expended a sum of not to exceed $1,200,000.00 for Land acquisition and construction of said building, vehicle parking facilities, landscaping of [he premises and all other related improvements, all of the same to be paid for from [he proceeds of the aforesaid anticipated bonding or other financial arrangements entered into by Lessor. The term "and other related improvements" as used he rei nabove shall include any amounts paid by Lessor under written contract for architectural fees, plans and drawings, site preparation work, connection to public utilities, and landscape, in addition to the actual construction costs of the building and facilities located thereon and therein. Lessor shall provide Lessee with copies of all contracts, change orders and progress billings in relation to any of said work.of improvement, and will permit lessee to inspect and make copies of all books of account, ledgers. warrants, invoices, and other documents relating to any and all payments made by Lessor for any of said work of improvement. (B) In the event that bonds are approved for construction financing, Lessor shall cause to be prepared a bond ma [uri[y schedule for the retirement of bonds which shall be no less than twenty (20) year bonds. In [he alternative, Lessor shall prepare a schedule of payment of no less than twenty (20) years for whatever obligations are incurred by Lessor in the acquisition of said real property and the construction of said improvements, and shall present the same to Lessee for Lessee's app royal prior to the commencement of any construction of said work of improvement. Upon such approval, which shall no[ be unreasonably withheld, thereafter on or before May 1st of each year after execution hereof, Lessor will -3- compute the total amount needed to meet said obligation, be it bond principal and interest payments or other obligation, in the next fiscal year following the due date necessary to redeem the maturing bonds and pay the interest thereon, or amortize the obligation, and Lessee agrees to reimburse Lessor as and for rent semiannually for said bond payments or pay according to such otner schedule. (C) The rental provided for in sub-paragraph (B) above shall be paid by Lessee to Lessor semiannually during each year of the rental payment scheddle as mutually arrived at and agreed upon.at such time or times as the parties hereto may further agree in writing. In the event Lessee exercises the option provided for in paragraph 3(e) above to lease the premises for an additional period or periods of ten (10) years, there shall be no further rental, provided the Lessor has been paid in full pursuant to the provisions of paragraph 4A, B, and 0, above. 5. Construction of Buildinc and Improvements. (A) The building to be constructed by Lessor shall comprise approximately 20,000 square feet and shall be constructed according to the schematic design studies, design development documents and construction documents, as described in Paragraph 5(B) which shall have been approved by Lessor and Lessee. Said premises shall include all improvements reasonably necessary to the use of said building, including, but no[ limi ied to, landscaping, parking space and walkways as desc ribed he rein. (B) Within the time limits prescribed in Paragraphs b(0) and 5(D), Lessor shall provide the following Co Lessee: (1) Schematic Design Studies This shall consist of schematic.design studies and site utilization plans together with a general description of the structure for aDProval by the Board of Supervisors of Lessee. This general description shall include the mechanical and electrical features proposed and a general indication of the size of all areas in the structure and Che estimated structure construction cost. (11) Design Development Documents Lessor shall prepare from the schematic documents approved by Lessee the design development documents consisting of site and floor plans, elevations, cross-sections and other approved drawings, and shall outline specifications [o _ 4 fix and illustrate the size, character and quality of the entire structure in its essentials as to the kinds of materials, type df structure, mechanical and electrical systems and such other work as may be required. Lessor shall submit in writing to Lessee the estimated structure construction costs. (lll) Construction Documents Upon receipt of instructions from Lessee to proceed with the preparation of contt ruc[ion~documents, Lessor shall prepare from the approved design develop- ment documents, working drawings and Specifications setting forth in detail and prescribing the work to be done, and the materials, workmanship, finishes and equipment required for the architectural, structural, mechanical, electrical-, services-connected equipment, and site work. Lessor shall notify Lessee in writing whether or not there is any indicated adjustment to previous estimates of the structure construction costs. Lessee shall furnish Lessor a list of all interior furniture, fixtures, and book shelving, which shall be supplied by Lessee, as may be necessary or proper in order to carry on the use of a public library. (C) Not later than two months after the execution of this agreement, the Cou n[y Librarian shalt provide Lessor with a "Program of the Functional Details of a Library for [he Architect," as approved by Board of Supervisors of Lessee. Thereafter, in the event of an application for a grant for construction funds from [he Federal or State governments, Lessor shall, on the request of Lessee, supply as a part of the cost of construction any schematic design studies which may be required incident to such application. If, for any reason, the proposed building and improvements are not cons [ru c[ed, Lessee will reimburse Lessor for [he cost of any studies provided pursuant to this paragraph, (D) Not later than three months after the bond election or completion of financial arrangements, Lessor shall furnish to Lessee for approval a complete set of Schematic DeS ign studies. Within sixty (60) days of Che receipt of the Schematic Design studies, Lessee shall inform Lessor of the approval or disappro- val of the Schematic Design studies. Upon receipt of the approval of the Schematic Design studies, Lessor shall furnish within two months to lessee for approval a carplete set of design development documents. Within sixty (60) days of rece lpt of the design development documents, Lessee shall inform Lessor of its approval or disapproval of the design development documents. Mithin five months Hof yapproval by Lessee of the design development documents, Lessor shall furn isM to Lessee a complete set of construction documents for approval by - 5 - Lessee. Within sixty (60) days of receipt of construction documents, Lessee shalt inform Lessor of approval or disapproval of construction documents. Not ssor lat than th months tion do uments ft l b ss f st L L , er er approva y e ee o con ruc c e ree a shall approve such documents, advertise for bids, review submitted bids and, if acceptable to Lessor, declare intent to accept the lowest and most responsible bid, which bid shall be reviewed and approved by the Board of Supervisors of Lessee, after which Lessor shall award a~const ruction codt ra ct and sign the con- tract for the construction of the library building. Lessor shall advertise such contract as a separate project and not award it with any other City work. If all bids are rejected, Lessor shall modify said construction documents within one month after rejection of bids and submit the modified construction documents to Lessee for approval; within thirty (90) daysof submission of said modified construction documents, Lessee shall inform Lessor of its approval or disapproval of same. Not later than two months thereafter Lessor shall receive new bids, award the contract if bids are within the construction budget and sign a contract for construction of tk library building. Lessee shall pay all incurred costs to date if this agreement is terminated without award of a contract. No[ later than twelve (12) months after the award of the contract, Lessor shall complete the tors truct ion of the building and improvements of the premises and deliver same to Lessee for occupancy. Lessee shall grant a reasonable extension of time for completion of the structure when delay is caused by circumstances beyond the control of Lessor. (E) At any time prior to the award by Lessor of a contract for the constructi on of said building, Lessee has the option [o terminate this agreement by notice in writing to Lessor and Shall pay Lessor, as and for the privilege of terminating this agreement as of the date of said written notice, the fees which Lessor is obligated under written contract to pay for architectural services, such other legal, fire ncial, and engineering fees, and any other costs incurred by Lessor in connection with the funding of the project. (F) A recommendation to the Ci [y Council of Saratoga as to the selection of an architect by the City Council shall be made by a committee composed of the following members or [heir designated representatives: one member of the CI [y Council of Saratoga, and one member of [he Saratoga Library Commission, one member of the Santa Clara County Library Commission, the Saratoga City Manager, and the Santa Clara County Librarian. -6- 6. Alterations, Additions. Maintenance (A) During the term of this lease or any extensions thereof, Lessee shall keep and maintain the premises, including without limitation the interior and exterior of said building and such furniture and furnishings as are installed, in good and tenantable condition, excepting exterior sidewalks, entranceways, parking facilities and landscaping improvements all of which are outside the exterior walls of said building. Sole responsibility for such sidewalks, entrance- ways, parking facilities, grounds, and landscaping improvements shall Vie with the Lessvr. (B) Lessee shall not make any alterations, changes or additions ~to said premises without obtaining prior written consent of Lessor which consent, however, shall not be unreasonably withheld. Any such alterations, changes or additions made by Lessee Shall he at the sole cost and expense of Lessee, and, upon to rmi nation hereof, said alterations, changes or additions shall inure to the benefit of Lessor, excepting however, trade fixtures, lighting fixtures, partitions, appliances, equipment, furniture and other improvements placed on Said premises by Lessee; providing that upon termination of this lease, Lessee shall have thirty (30) days in which to ' remove said trade fixtures, lighting fixtures, partitions, appliances, equi pmen 1, furniture and other improvements installed by it on said premises. (C) Lessee shall have the obligation to furnish and install, and keep in good condition and repair all such turni[ure, fiz[ures, book shelving and ea uipme nt as may be necessary or proper in order to carry on the use of a public library. ]. Taxes and Utilities Lessee shall pay for all water, gas, heat, light, power, telephone, sewage, janitorial and any and all other utilities and services which may be furnished to or used in or upon [he demised premises during the term of~this lease. In addition, Lessee shall pay any and all taxes and all special assessments for public improve- menu as may be levied against the demised premises or any part thereof, 8. Liability and Insurance Lessee hereby agrees Co defend and save harmless the Lessor from any and all claims, demands, actions, losses or liabilities for bodily injury or death -7- i to persons or damage to property arising out of the ownership, occupation, use ' or repairs of the demised building as he retofor defined, and Lessor hereby agrees to defend and save harmless the Lessee from any and all claims, demands, actions, . losses, or liabili ty for bodily injury to persons or damage to property arising out of the ownership, occupation, use or repairs of the exterior sidewalks, entranceways, parking facilities, grounds, and landscaping improvements. Lessor and Lessee shall furnish, each to the other, Certificate of Liability insurance stating that coot ractu ral liability, as called for in this agreement is insured, and that at least 10 days notice of cancellation or material change shall be given to the Certificate holder. If at any time during the term of this lease either party shall elect to become self insured or carry deductible Iiabi lity insurance, it is agreed that the responsibility of each party under this paragraph shall be comparable to the responsibility of a comne rcial insurance carrier providing public liability insurance. Any public liability policy carried by either party shall provide limits of not less than $1,000,000.00 per person and $3,000,000.00 per occu rence for bodily injury, and not less than $100,000.00 for property damage. 9. Responsibility for Damage and Insurance Lessee shall be responsible for all loss or damage to the building, howsoever caused, except as may be otherwise provided. Lessor shall be responsible for all loss or damage to exterior sidewalks, parking facilities, grounds or landscaping imp rovemenTS. Lessee agrees [o provide insurance on [he buildi nq and contents for the benefit of Lessor and Lessee, as the it interests may appear, on the same terms and conditions, forms, and against loss from the same perils as provided for County-owned buildings and contents. Neither insurance nor the absence thereof shall abrogate or limit the responsibility of the Lessee for damage to [he building as called for herein. Lessee's maximum liability under this Da ragrapn shall be limited to the replacement cost of the building with like kind and quality. 10. Damage or Destruction [o Premises. In the event of damage to the building by fire or other casualty, the Lessee shall have the obligation to restore the premises as follows: (A) If damage to Che building occurs, [he Lessee shall, with [he concurrence of the Lesaor, which shall not be unduly withheld, promptly and with due diligence proceed with re se orat ion. - $ - Any applicable insurance proceeds shall be used in their entirety in the restoration of the building. (B) There shall be no abatement of rentals to be paid by the Lessee, but such continuation of rants is shall not exceed the time required to complete repairs with due diligence and dispatch. 11. Default and Reentry. In the event that any rent due hereunder is not paid within thirty (30) days of its due date, without notice, or in the event of any breach of any other obligation to be performed by Lessee hereunder which is not cured within thirty (30) days of the date upon which notice of such breach is given to Lessee, or upon the abandonment or vacation of. the premises by Lessee, Lessor, in addition to any other rights or remedies as may be provided by law, shall have [he right of immediate reentry, without notice, and may remove all persons and property from the premises. Should Lessor elect to reenter as herein provided, or should Lessor retake possession pursuant to ~l egal proceedings or pursuant to any notice provided by law, Lessor may either terminate this lease, or may in the alternative take over the operation of said premises as a public library, either through its own officers, agents. or employees, or through any independent contractor or contracting firm, at its option. No reentry or Caking of the possession of the premises by Lessor shall be construed as an erection on its part to terminate [his lease unless a written notice of such intention is given to Lessee, or unless the termination thereof be decreed by a court of competent jurisdiction. Should Lessor retake possession pursuant hereto, without termination, and continue the use of said premises a5 a public library, Lessor shall have the right to [he use of all of the furniture, fixtures, equipment and inventory of books and other personal property used by Lessee in the operation and maintenance of its public library sy5 tem, so long as Lessor continues the operation of the same in accord with provisions. If Lessor should take possession of said premises and operate the same as a public library, wi[houC termination, Lessor may nonetheless at any time thereafter elect to terminate this lease for such previous default. 12. Termination. (A) Lessor intends to call, hold and conduct an election for the approval to issue and sell general obligations bonds, or issue revenue bonds or otherwise to provide an alternate means of financing the construction of all said improvements -9- as he reinabove provided and agrees to use reasonable steps to commence said proceedings within twelve months from the date of execution of this agreement by all parties hereto, and thereafter to use due diligence to bring the conduct of said proceedings to a conclusion. In the event the approval of the aforesaid anticipated bond issue should fail at the election for any reason, or in the event that thereafter Lessor is unable to sell said bonds at a reasonable market price for sufficient funds to pay the costs and expenses of all of said improvements, and alternate means of financing are not provided, then this agreement shall be subject to termination by either party thereto on ten (10) days prior written notice. (B) In addition to the foregoing, this lease may be canceled and terminated by Lessee if the whole or a substantial part of the City of Saratoga served by the aforesaid branch library occupying the premises, withdraws from the Santa Clara County Library System for any reason or purpose whatsoever. Lessor agrees not to withdraw all or any substantial portion of the City of Saratoga from the Santa Clara County Library System without giving Lessee at least one year prior written notice of such Intention to so withdraw. In the event this lease is canceled or terminated by Lessor, Lessor agrees at its own expense to continue the bonded indebtedness or other financial obligations not yet due until completely paid. 13. Notices. All notices required or permitted to be given hereunder or any provisions of law shall be given to the party to be notified by personal delivery or sent by registered or certified mail addressed to Lessor at the City Hall of the City of Saratoga, 13777 Fru itvale Avenue, Saratoga, California 95070, and addressed to Lessee ai I555 Berger Drive, San Jose, California 95112, to the attention of the Depa rtmen[ of General Services Administration, with a copy to [he County Librarian at 1095 North Seventh Street, San Jose, California 95112. All notices given as aforesaid shall be sufficient services thereof, and if sent by mail shall be deemed given as of the date of deposit in the mails. - 1 0 - 14. Non-Waiver of Breach a~ ~• In the event of a breach of any term, convenant or condition of this lease by Lessee, Lessor may wi th knowledge of such breach permit Lessee to continue in possession of the demised premises and accept the rent herein set forth, but any waiver by Lessor of any term, covenant or condition herein contained, or of any breath thereof, shall neither vitiate the same, nor any other term, covenant or condition contained herein, nor operate as-a waiver of any other or future breach. IS• Surrender of Possession on Termination Upon the cancellation or termination of this lease or any extension thereof, Lessee shall surrender the said premises in good order, condition and reps ~r~ reasonable wear and tear excepted. If Lessee elects to remove its trade fixtures pursuant to Paragraph 6B he reinabove, it shall have the obligation at its sole cost and expense to repair any and all damages caused in the removal of said fixtures, and shall remove all trash and debris and leave the premises broom- clean. 16. Successors and Ass igns Subject to the restrictions of Paragraph 2(B) he re inabove, the within agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, The parties hereto have subscribed [heir names on AU6201974 COUNTY OF SANTA CLARA , 5.~ 3a....~.lL~, BY: C nai rman, Board of Supervisors "LESSEE" ATTEST: DONALD M. RAINS, Clerk ~~Boa-r'd JOf Supervisors APPROVED AS TO FORN: ~ Deputy County Counsel i ~' mkd 8-I-74 CITYI OF SARATOGA ) 1 BY: C~ yo "LESSOR" _ ., LEASE AMENDMENT THAT CERTAIN LEASE entered into on August 20, 1y74 by and between CITY OF SARATOGA, "Lessor," and COUNTY OF SANTA CLARA, State of California, "Lessee," of real property located on the West Side of Saratoga Avenue as described in Exhibit "A" is hereby amended as follows: 1. Description of Property The property description in the aforesaid Exhibit "A" is hereby deleted and the attached property description and Plat plan are hereby substituted as the description of subject property. All other term, conditions and covenants of said lease shall remain in full force and effect, except as amended herein. IN WITNESS WHEREOF, Lessor and Lessee have executed this lease amendment on JAN 3 COUNTY OF SANTA CLARA By y Chairman, Boar of Supervisors "LESSEE" ATTEST: DONALD M. RAINS, Clerk Board of Supervisors ~ ~~ CITY OF SARATOGA i i , ~ .' - ~~ BY ---- /~. ~- ~i( MAYOR "LESSOR" ~~ APPROVED AS TO FORM: l r \ ,. ~.. '~ ~ ,i~. i , Deputy County CoUnse cdh 10/6/77 .. ~ _ . . ,' , SARATOGA COMMUNITY LIBRARY All that certain real property situate in the City of Saratoga, County °f Santa Clara, State of California, more particularly described as follows: Being a portion of that certain land described in deed from Kathleen Mattsen to City of Saratoga, dated March 27, 1973, and recorded in Book 298 of Official Records at Page 27U. Beginning at a point which is S. 37°51'12" E., 50.00 feet from a point in the centerline of Saratoga Avenue, as the same formerly existed 60 feet wide, which is S. 50°17'35" W. 108.24 feet and S. 52°08'48"W, 753.31 centerline of Saratoga Avenue from the intersection thereof, with the centerline of Fruitvale Avenue, as said Fruitvale Avenue formerly existed 40 feet wide; thence from said point of beginning, running N. 53°33'14" E 477.10 feet to a point which is 60 feet from a point in the centerline of said Saratoga Avenue; thence running N. 62°08'48"E. 99.60 feet parallet to and 60 feet from the centerline of said Saratoga Avenue to the tangent point of curve to right, and having a radius of 73.00 feet; thence along said curve to the right through a central angle of 127°29'15" for an arc lengt of 162.43 feet to a point of tangency which is 70 feet from a point on the centerline of Fruitvale Avenue; thence running S. 0021'57"E. 239.46 fees parallel to and 70 feet from the centerline of said .Fruitvale Avneue; thence S. 51°07'17"W 488.85 feet; thence N. 37°51'12"W 326.18 feet to the point of beginning. Containing 4.298 acres, more or less. EXHIBIT "A"