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HomeMy WebLinkAbout01-15-2003 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JANUARY 15, 2003 OPEN SESSION - 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM - 13777 FRUITVALE AVENUE 5:00 p.m. Ajay Narain Finance Commission • CLOSED SESSION- 5:15 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:15 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 5:15 P.M. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (1 potential case) Initiation of litigation (Gov't Code section 54956.9(c): (2 potential cases). Conference With Legal Counsel -Existing Litigation (2 cases) (Government Code section 54956.9(a)) 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: Gen-Con (United States Bankruptcy Court, Northern District of California, Case No. 02-53885JIZG) a, O U x U ¢' • REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on January 10, 2003) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-AEendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff: Communications from Boards and Commissions None • Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. None CEREMONIAL ITEMS None SPECLAL PRESENTATIONS lA. League of California Cities Grassroots Network Coordinator Rebecca Elliott Recommended action: Information only. 1B. 211 Implementation and Referral Phone Number to Serve Santa Claza County • Residents and Visitors Recommended action: Information only. • 1C. Introduction of Newly Appointed Lieutenant for the Santa Clara Sheriff s Department -West Valley Substation Recommended action: Information only. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approval of City Council Minutes -November 6, 2002 Recommended action: Approve minutes. 2B. Approval of City Council Minutes -December 10, 2002 Recommended action: Approve minutes. 2C. Approval of City Council Minutes -December 26, 2002 Recommended action: • Approve minutes. 2D. Review of Check Register Recommended action: Approve check register. 2E. Planning Action Minutes -January 8, 2003 Recommended action: Note and file. 2F. Annual Approval of the City of Saratoga's Investment Policy Recommended action: Approve policy. 2G. Disposal of Surplus Inventory/Equipment Recommended action: Approve disposal of surplus obsolete and retired equipment. 2H. City and the American Society of Composers, Authors and Publishers (ASCAP) for Music Performances Recommended action: • Authorize City Manager to approve license agreement with ASCAP. 2I. Commission Attendance Records • Recommended action: Informational only. 2J. Approval of Local Jurisdiction Revised Notice to Appear Citations for Municipal Code Violations Recommended action: Adopt resolution. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of frve minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazazdous Vegetation Recommended action: Open public hearing; close public heazing; adopt resolution. 4. Introduction of Ordinance Adopting and Amending the Uniform Fire Code Recommended action: Open public hearing; close public hearing; wave second reading; adopt ordinance. OLD BUSINESS • Sazatoga Library Project Update Recommended action: Accept report. 6. Benches and Trash Receptacles for Sazatoga Library Project Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 7. 211 Implementation and Referral Phone Number to Serve Santa Clara County Residents and Visitors Recommended action: Adopt resolution. 8. Fiscal Year 2003-04 Budget Development Process Recommended action: Informational only. • 4 • 9. Data Ticket Services Recommended action: Authorize City Manager to sign the attached Amendment to our existing contract. COMMISSION ASSIGNMENT REPORTS Arts Commission Planning Commission Parks and Recreation Commission Finance Commission Library Commission Public Safety Commission Heritage Preservation Commission Youth Commission Gateway Task Force Library Expansion Committee Waltonsmith Kline Waltonsmith Streit Kline King Streit King Kline Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) • CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 1/21 Adjourned Meeting -Heritage Preservation Commission 2/1 Council Retreat 2/5 Regular Meeting 2/I1 Adiourned Meeting -Youth Commission, Library Commission, Arts Commission 2/19 Regular Meeting 3/5 Regulaz Meeting 3/11 Adjourned Meetin¢ - SASCC, Pazks and Recreation Commission 3/19 Regulaz Meeting 4/2 Regular Meeting 4/16 Regulaz Meeting 4/22 Adjourned Meeting -Public Safety Commission, Sheriff, Fire Districts 5/7 Regulaz Meeting 5/10 Council Retreat 5/13 Adiourned Meeting -Finance Commission, Chamber of Commerce, SBDC, Planning Commission 5/21 Regular Meeting 6/4 Regular Meeting 6/18 Regular Meeting 7/2 Regular Meeting 7/16 Regular Meeting 8/6 Regular Meeting -City Manager Evaluation 8/20 Summer Recess 9/3 Regular Meeting 9/17 Regular Meeting 9/23 Adjourned Meeting -Public Safety Commission, Saratoga Union School District, Cupertino Union School District, Campbell Union School District 10/I Regular Meeting 10/15 Regulaz Meeting 11/5 Regular Meeting 11/19 Regulaz Meeting 12/3 Regular Meeting 12/9 Adjourned Meeting -Council Reorganization 12/17 Regular Meeting 6 C_~ i r~ LJ l ~, ~-) SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: f/ ORIGINATING DEPT: City Manager CITY MANAGER: ~~G~~ PREPARED BY: DEPT HEAD: SUBJECT: Commission Interview for Finance Commission RECOMMENDED ACTION: That Council conduct interview. REPORT SUMMARY: The following person has been scheduled for an interview: 5:30 p.m. Ajay Narain Finance Commission There is one (1) vacancy to be filled on the Finance Commission resulting from the resignation of Ernest Brookfield on September 3, 2001. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointment will not be made to the Finance Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Place item on next agenda for adoption of resolution and Oaths of Office. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notices of vacancies were advertised in the Sazatoga News several times. ATTACHMENTS: Attachment A -Application of the above named applicant. 12/27/2002 FRI 11:30 FAQ 408 739 4920 maxonic lnc. 1002/003 CITY OT SARATOGA COMMISSION APPLICATION FORM ZOOl G ~ ~3i3 DATE: F72CO,u.~..Q~ta~ Z(o , ZUO'Z..- COMMISSION APPLYING FOR: F~Npch3G~ MS. N A-~rIJ TELEPHON)r: 1FOf~ - ~!~ ~ ~l ~ ~}~8.73q- woRx ADDRESS: i85~b kRBorr~bp wAy~ s~~o~~, cam- gsb~v YEAR YOU BECAME A SARATOGA RESIDENT: ~~ 1 ~J ARE YOU A REGISTERED VOTER IN THE C1TY OF SARATOGA? yes WOULD YOU EE ABLE TO ATTEND DAYTIME MEETINGS? 'YES WOULD YOU BE ABLE TO ATTEND EVENING ME):TITIGS? y~S BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT 131STORY: JAI Zoo2 - Gv~2~PF,t.I'r".• t'.~o Mg~ot~s~G ENG. i~19R - top t = [F.o, p~~~.~ Lp~~ i99 ~ - a9~1~ : y.R S~cIkS, sr~~-~scn-P~, ANC . t R Q,4 - i q9 3 : `~ln,-~ 8~-t~ucF4ir , +tu'~i STn~-F EDUCATIONALBACKGROUNA: ~. a. y.e. ~z~z~~~y '7eu~I.~A~~ci ~catotv~cc.S. • MISL- GouP-SEwo{?.tL Td C,ou~Ptki~ REb?ut(~tti~ Fob L'{~A• i`-93 - t`l`i6 ' acrAUNi -~UtntkCxEt2, aR-/rc.~E C.cr?.P. ~J 4 ` 12/27/2002 FRI 11:30 FAX 408 739 4920 mazonic lnc. I ADbIT1ONAL INFORMATION OR COMMENTS: t~ Gceceue (Provide Name and Phone Number) f~003/003 Cnuk...SGa . a. urr~~ 1«F~u,~ - yo&- 3~3-798/ 3. KRT~/ RYkN - ~IzS -~}~2-- ~i73 / PRINT NAME: /k~/~'`~ N'tEfl~1f~ SIGNATURE: ~~ _ `~ ~ J 5' ~~ ~~ ~t'[c~ Xo-sf ,4.useu~ y{[.[ud ec.d ~w.~ Zsceu.~wC -F~.cc~rea{ane..~~:- a~-~ua~ecu-sa+- i._ ~J~iLLfJD2.n/~lJ - tiSO.79,7-8300 SARATOGA CITY COUNCIL MEETING DATE: January 15, 2002 AGENDA ITEM: /~ ORIGINATING DEPT: City Manage~j CITY MANAGER: c'r/°--~~--- PREPARED BY: HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -November 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 November 6, 2002 MINUTES SARATOGA CITY COUNCIL NOVEMER 6, 2002: The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 4:30 n.m. Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases). Conference With Legal Counsel -Existing Litigation (5 cases) (Government Code section 54956.9(a)) 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: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: McQueen v. City of Saratoga (WCAB No. SJO 222529) Name of case: Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-811864) Name of case: City of Saratoga v. Him (Santa Clara County Superior Court Doc. No. CV-784560) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported that the City Council. Mayor Streit called the Regular City Council meeting to order at 7;05 p.m. and 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 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 6. 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 6, 2002 was properly posted on October 29, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Bert Martel, 14420 Fruitvale Avenue, stated that he recently received a letter from the Chancellor of West Valley College explaining that he received a letter from West Valley Sanitation District that indicated that the soil tested was negative for ecoli. Mr. Martel stated that the District only tested the "drilling mud" even though he requested that all of the substance be tested around the site, Mr. Martel stated that he feels that the District is trying to fool everyone to think that the soil is harmless. Vic Monia, Granite Way, stated that he was present tonight on behalf of Don Whetstone. MR. Monia stated that Mr. Whetstone was unable to attend tonight's meeting and asked him to read a letter he prepared to the Council. The following is a summary of the letter Mr. Monia read to the Council. Mr. Whetstone pointed out that last year the City Council negotiated a Boundary Drop Agreement with Santa Clara County Fire and Saratoga Fire District. Although some of the services improved there are still many deficiencies. Mr. Whetstone suggested that the City consider petitioning LAFCO and hold a referendum on this issue. Mr. Whetstone pointed out that the SCC Fire has built three new fire stations using money out of their general fund. Saratoga Fire District is not prepared to handle major emergencies. Mr. Whetstone pointed out that Saratoga Fire District could not function without the help from SCC Fire. Cheriel Jensen, 13737 Quito Road, thanked Vice Mayor Baker and Councilmember Mehaffey for their service on the City Council the past four years. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith requested that the City evaluate the Saratoga Fire District's public safety ability and fire protection ability. Councilmember Waltonsmith suggested that the Council should ask LAFCO to evaluate the District. Councilmember Bogosian noted that he could support Councilmember Waltonsmith's request and added that he would like staff to supply the Council options and processes involved in the LAFCO process. In regards to Mr. Martell's comments, Vice Mayor Baker stated that at the next West Valley Sanitation District Board meeting he would request that staff do adequate testing on the soil. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 17-23, 2002 AS "NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK" STAFF RECEMMDATION: Read proclamation. Mayor Streit read the proclamation and directed the City Clerk to mail it to the appropriate person. 1B. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24-30, 2002 AS "NATIONAL FAMILY WEEK" STAFF REOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Bishop Bret England of the Mormon Church of Saratoga. Bishop England thanked the City Council for declaring the week of November 24- 30, 2002 "National Family Week". Bishop England introduced members of his church who were present this evening to help him accept the proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -SEPTEMBER 24, 2002 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/WALTONSMTIH MOVED TO APPROVE MEETING MINUTES OF SEPTEMER 24.2002. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/WALTONSMTIH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED S-0. 2C. BUDGET MONITORING FOR THE FIRST QUARTER ENDING SEPTEMBER 2002 STAFF RECOMMENDATION: Accept report. BOGOSIAN/WALTONSMTIH MOVED TO ACCEPT BUDGET REPROT FOR THE FIRST OUARTER ENDING SEPTEMBER 2002. MOTION PASSED S-0. 2D. PLANNING ACTION MINUTES - OCOTBER 23, 2002 STAFF RECOMMENDATION: Note and file. BOGOSIAN/WALTONSMTIH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FROM OCTOBER 23, 2002. MOTION PASSED 5-0. 2E. PROPOSED ORDINANCE TO DESIGNATE AUSTIN WAY A HERITAGE LANE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDIANCE: 213 ORDIANCE DESIGNATING AUSTIN WAY AS A HERITAGE LANE AND MAKING CERTAIN CONFORMING AMENDMENTS BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDIANCE DESIGNATING AUSTIN WAY A HERITAGE LANE. Motion passed 5-0. 2F AMENDMENT TO CITY OF SARATOGA MOTOR VEHICLE AND TRAFFIC ORDINANCE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 214 ORDINANCE AMENDING CHAPTER 9-15-030 OF THE MOTOR VEHICLE AND TRAFFIC CODE REGARDING STOPPING, STANDING AND PARHING BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDIANCE • AMENDIGN THE MOTOR VEHICLE AND TRAFFIC CODE. MOTION PASSED 5-0. 2G FELLOWSHIP HALL RE-ROOF PROJECT -AWARD OF BID STAFF RECOMMENDATION: Move to award bid to lowest bidder; award construction contract; authorize staff to execute change orders to the contract. TITLE OF RESOLUTION: 02-086 RESOLUTION OF THE CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT OF $34,731 FOR FELLOWSHIP HALL RE-ROOF PROJECT BOGOSIAN/WALTONSMITH MOVED TO AWARD SOUTHWEST CNSTRUCION & PROPETY MAMANGEMENT THE LOWEST BIDDER. AWARD COSNTRUCITON CONTRACT, AUTHORIZE CHANGE ORDERS UP TO $4.000, AND ADOPT RESOLUTION. MOTION PASSED 5-0. 2H CIVIC THEATER RE-ROOF PROJECT -AWARD OF CONSTRUCTION • CONTRACT STAFF RECOMMNEDATION: Move to award bid to lowest bidder; award construction contract; authorize staff to execute change orders to the contract. Councilmember Bogosian requested that item 2H be pulled from the Consent Calendar. Councilmember Bogosian stated that the original bid was a lot higher then what was being requested this evening. By narrowing the scope of work, which reduced the price, Councilmember Bogosian asked what was negotiated away. Joan Pisani, Recreation Director, responded that only the upper roof would be replaced and explained that the lower portion of the roof was not crucial to replace right a way. BOGOSIAN/WALTONSMITH MOVED TO AWARD WESTERN ROOFING SERVICE THE LOWEST BIDDER, AWARD CONSTUCTION CONTRACT; AUTHORIZE CHANGE ORDERS UP TO $6,625. MOTION PASSED 5-0. u 2I AMENDMENT TO 5400 SYSTEM UPGRADE PURCHASE COST i STAFF RECOMMENDATION: Authorize the purchase. TITLE OF RESOTLUION: 02-085 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIOATION OF $5,802 FOR THE PURCHASE OF AN UPGRADE FOR THE CITY'S EXISTING AS400 COMPUTER SYSTEM BOGOSIAN/WALTONSMITH MOVED TO APPROVE PURCAHSE AND ADOPT RESOLTUION. MOTION PASSED 5-0. 2J .AUTHORIZE MAYOR TO EXECUTE AMENDMENT TO CITY MANAGER'S CONTRACT STAFF RECOMMENDATION: Authorize Mayor to execute amended agreement. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE MAYOR TO EXECUTE AMENDED AGREEMENT WITH THE CITY MANAGER. MOTION PASSED 5-0. 2K. RESOLUTION TO DELEGATE AUTHORITY TO CITY MANAGER TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION STAFF RECOMMENDATION: Adopt resolution to authorize City Manager to execute funding agreements. TITLE OF RESOLUTION: 02-081 RESOLUTION OF THE CITY COUNCIL DELEGATING THE CITY MANAGER AUTHORIZATION TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTAION BOGOSIAN/WALTONSMTIH MOVED TO ADOPT RESOLTUION AUTHORING THE CITY MANAGER AUTHORITY TO EXECUTE FUNDING AGREEMETNS. MOTION PASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION DENIAL OF APPLICATION #02-176, (RECONSIDERATION OF DR-O1-006, TUP-Ol-003, AND UP- . 01-002 AND RELATED APPLICATIONS) (APN'S 397-22-017, 397-22- 019, 397-22-015, 397-22-012, & 397-22-042) - SARATOGA FIRE DISTRICT, 14380 SARATOGA AVENUE & 20473 SARATOGA-LOS GATOSROAD STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. TITLE OF RESOLTUION: 02-091 RESOLUTION OF THE CITY COUNIL OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPORARY FIRE STATION Richard Taylor, City Attorney, noted that the Council would discuss Items 3, 4 and 6 at one time. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone explained that the applicant is requesting approval of a Conditional Use Permit, Design Review and a Lot Line Adjustment. The Conditional Use Permit is for a new and temporary Fire Station with variations to setback, lot coverage and landscape standards. The existing Fire Station building at 14380 Saratoga Avenue is proposed to be demolished and a temporary facility is proposed at 20473 Saratoga-Los Gatos, the existing Contempo Building Site, during construction of the new Fire Station proposed at the same location as the existing facility at 14380 Saratoga Avenue. i Planner Livingstone noted that on July 17, 2002 the City Council made a motion to place Resolution 01-061 on the next agenda for reconsideration before the City Council pursuant to Section 2-10.011 of the City Code that allows Council to reconsider any action at any time. At the August 7, 2002 meeting the Council reconsidered that matter and directed the applicant to submit revised plans to the Planning Commission. At the October 9, 2002 Planning Commission meeting Commissioner Roupe made a motion to approve the project with five additional conditions of approval. The motion was then seconded and a vote taken. The vote was split 3-3, thus denying the project. Planner Livingstone explained that staff feels that the proposed project meets the design criteria stated in Section 15-46.060 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julian Morgan. The design has been pulled back significantly from the existing location on the corner Saratoga Avenue and Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian element to the corner. The Applicant is proposing a hand troweled finish to the exterior of the building. The quality of the exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. . Planner Livingstone noted that the previous proposed Fire Station plan from 2001 had a maximum height at the tower element of 34"-6" and 33"-11" for the area closest to the Post Office. The existing plan has a maximum height of 29"- 2 at the corner then tapers down as the structure us built into the slope. The building closest to the Post Office site will have a height of 26"-4". In regards to the Conditional Use Permit, Planner Livingstone explained that the applicant is requesting this permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district, a variation to the lot coverage and reduce landscaping in the front yard area. Planner Livingstone stated that staff feels that the necessary findings could be made to support the Use Permit as follows: • That the proposed temporary and permanent Fire Station with code variations are in accord with the objectives ofthe Zoning Ordinance and the purpose of the district in which they are located in hat they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The proposed setbacks and landscaping variations will allow the permanent Fire Station to have a 59-foot apron that will avoid safety problems for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. Lot coverage variation is necessary to allow several nonconforming lots to be used for one project. • That the proposed Fire Station and the conditions under which they will be operated will not be detrimental to he public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposal is continuation of the existing use. The proposed Fire Station would provide adequate parking for the 24 employees that will use this facility. • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage, and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15-18.030 of the zoning regulations. In regards to the Lot Line Adjustment, Planner Livingstone stated that the applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be removed to enlarge the parcel that will become parking for the church. Planner Livingstone stated that staff recommends he following findings be made in accordance with the zoning regulations to approve the requested lot adjustments: • The proposed lot line adjustment is consistent with the General Plan in that the lot line adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation of the involved parties. • • The proposed lot line adjustment is consistent with the regulations , contained in the Zoning Ordinance and this Chapter in the lot line adjustment is specifically approved by the advisory agency through the granting of a Conditional Use Pennit under Chapter 15 of the City Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. In regards to site coverage, Planner Livingstone noted hat the proposed project is consistent with the site coverage as required in he Settlement Agreement which allows a total of 30% site coverage for the total gross site which includes the portion of the right-of--way and the existing Contempo site that will be retained by the Fire District. The Settlement Agreement also provides for a variation in site coverage to use multiple lots. Planner Livingstone provided information on parking stating that the Municipal Code requires that the Fire Station have one space for each employee, for a total of 24 spaces. The Fire Station will have 18 parking spaces on site, and will satisfy an additional 6 spaces located off site. In addition to the 18 Fire Station spaces located on the Fire District property, 10 spaces are proposed to be provided for public parking controlled by the City pursuant to an easement or permanent agreement with the District as part of the land transfer with the City. Planner Livingstone explained that during construction of the permanent Fire Station the District will provide 18 spaces on site and will satisfy the remainder of its obligations through an agreement with the Church for the use of six spaces in the Church parking lot. In regards to trees, the City Arborist report dated March 15, 2001 contains recommendations for the protection of existing trees on the site. There are eight Olive trees on the existing Fire Station property potentially at risk of damage by construction. Only two of the trees are ordinance protected. The applicant proposes to transplant the trees that are able to be transplanted, and replant native specimens to replace the value of any trees lost. All of the Arborist's recommendations have been made conditions of approval in the proposed resolution. During the Planning Commission's meeting, Planner Livingstone stated a number of issues were raised concerning the construction process. In response to these issues and feedback from the neighborhood that applicant has included two additional plan sheets, which outline the construction staging, task sequence, haul routes, plans for demolition, excavation and construction of the proposed project. Planner Livingstone noted that the proposed Fire Station, vacation of George Whalen Way, transfer of the Heritage Plaza property to the Fire District, acceptance of the ten public parking spaces and the bicycle and pedestrian easements are consistent with the General Plan Goals and Objectives. 9 Planner Livingstone noted that the Public Safety Commission reviewed the project at their September 16, 2002 meeting and supported the project design and asked that a condition be added that requires the applicant to provide a newsletter to the neighborhood regularly updating them on construction time frames and construction activities that would impact the intersection at Saratoga Avenue and Saratoga-Los Gatos Road, The Heritage Preservation Commission also supported the project design and site plan. Ernest Kraule, Fire Chief/SFPD, stated that the Saratoga Fire Protection District was before the City Council to appeal the Planning Commission October 9, 2002 decision. Tonight RPM Design Group will present the revised plans to the Council, which address concerns voiced by the Planning Commission and the public. Chief Kraule noted that the District's prime objective has been to replace a very old building with a modern seismically safe building. Chief Kraule noted that the District has meet the concerns addressed by the adjacent neighborhood regarding cut through traffic and impact of the construction phase. Chief Kraule noted that the Fire District has gone to great lengths to cooperate with the City staff, the US Postal Office and the Federated Church. Mary McGrath, Architect/RPM Design Group, stated that the project has three stages: • Phase I -Demolition of the Contempo Building, install temporary station • Phase II -Demolition of the existing Fire Station, reconstruction of replacement facility, upgrade site areas around Post Office • Phase III -removal of temporary station, complete site improvements Ms. McGrath explained the current site configuration and explained each phase of the project. Ms. McGrath explained Phase I: • Relocate monument to previous location at Blaney Plaza • Demolition of existing Contempo Building • Site Improvements o Install temporary modular building o Apparatus parking with temporary cover o Reconfigure curb ramp at alley exit to Saratoga Avenue for greater public safety • Reconfigure Contempo property parking (proving 18 on site spaces) • Acquire 6 off-site parking spaces on Federated Church property • Total of 24 temporary parking spaces • Front setback variation for placement of temporary modular on Contempo property • Rear setback variation for placement of temporary tent apparatus cover on Contempo property 10 Ms. McGrath explained Phase II: • Temporary relocate Post Office drop box • Close alley behind Fire Station • 5 Post Office parking spaces at alley will be reconfigured to be accessible from Post Office site • Post Office circulation will be improves • Demolition of existing Fire Station Ms. McGrath explained all of the proposed easements and site improvements that follow Phase II of the project. Ms. McGrath stated that several modifications to the comer of Saratoga Avenue and Highway 9 would be made including the reconfiguration of traffic and new apron area. In regards to Phase II, Ms. McGrath explained that the maximum lot coverage is 30%; the District is requesting that they be allowed to have maximum site coverage of 32.1 %. Referring to Phase III of the project Ms. McGrath explained the rivo proposed parking plans. The first proposal would include the Districts required 24 on- siteparking spaces. Ms. McGrath stated that this plan includes the sale of a portion of the Contempo property to the Federated Church, allowing them to acquire an additional 16 spaces, the District 18, 10 to the City and an additional 6 to be shared between the District and the Church. The second parking proposal, Ms. McGrath explained does not include the sale to the Church. The District would still have the 24 required on-site spaces an additional 32 dedicated spaces for fire station use. Ms. McGrath stated that the City would still have 10 dedicated spaces. Phase III, Ms. McGrath explained consists of many site improvements such as landscaping and improved circulation around the site. Ms. McGrath stated that the summary of building area of the proposed Fire Station as follows: • Basement - 2,777 square feet • Main Floor - 8,987 square feet • Upper Floor - 4,171 square feet • Total - 15,435 square feet Ms. McGrath stated that the architectural style was been inspired by Julia Morgan vernacular to compliment the Federated Church. The maximum height on the west elevation is 30 ft. and the maximum height on the southern elevation is 22 ft. Ms. McGrath stated that the total project duration would be approximately 16- 18months. Ms. McGrath briefly explained the haul routes, parking locations, and shuttle routes. Steve Campbell, 14482 Oak Place, noted that he is a lifelong resident of the City, a neighbor of the Fire District and a member of the Federated Church. Mr. Campbell noted that he supports the project. 11 Hollie Davies, 14478 Oak Place, urged the City Council to approve the project stating that the new Fire Station would make a beautiful entrance to the Village. Aazon Katz, Po Box 116, stated that he was against the proposed project. Ben Dubin, 16689 Bohlman Road, stated that he voted for the bond two years ago. Mr. Dubin stated that the design has improved from what the public saw in the beginning. Mr. Dubin urged the City Council to approve the project. Susan Perry, 14340 Saratoga Avenue, commented that the City Council should open their eyes and ears to self interest groups. Ms. Perry stated that many changes have been made to the project. Ms. Perry stated that the voters approved the bond measure and urged the Council to approve the project is 16- 18months. Robert Egen, SFPD Commissioner, 14890 Montalvo Road, thanked City staff, the Council, and the community for working with them to build a fire station. Mr. Egen stated that they have tired to meet everyone's needs. Vic Monia, Granite Way, stated that the Fire District has given no assurance that the parking will be built. The City should impose a method or condition to guarantee that the parking spaces will be built. Jerry Bruce, Federated Church, stated that the new design has better pazking and a better circulation plan. Mr. Bruce stated he supports the current design. Mr. Bruce stated that Plan A increases the Church's parking and provides an additional egress. James Kardach, 20221 La Paloma Avenue, stated that he is a member of the Village Green Neighborhood Association. Mr. Kardach noted that he supported that bond and is disappointed that it has not been built. Mr. Kardach noted that he enjoys having the Fire Station in his neighborhood. Denise Michel, 20375 Park Place, Co-President/ Village Green Neighborhood Association. Ms. Michel stated that the Village Green Neighborhood Association has been working with the City, the District and the Church to address cut through traffic, pazking issues and other concerns of the neighbors. Ms. Michel stated that the Association hopes to continue working with everyone in the future. Bill Giannini, 21670 Palomino Way, stated that he is a 4`h generation resident of the City of Saratoga and a business owner. Mr. Giannini stated that the SFPD has always served them well. Mr. Giannini stated that the District does need a modem facility. Mr. Giannini stated that he thinks the architectural style in the proposed design fits well into the neighborhood. Bob Shepard, 20491 Forrest Hills, urged the City Council to move forward with the Fire District project. Mr. Shepard stated he fully supports the project. 12 Ed Farrell, 20877 Kittridge Road, referring to the comments made earlier this evening his special interest are the fireman that live in the fire house which is unsafe. Mr. Fanell agreed that the District needs a new station but does not agree to the increase in square footage from the original 7,000 square feet to over 17,000 square feet with 32% land coverage. Reese Williams, 20119 Knollwood Drive, stated that he feels the pal has been well thought out. Mr. Williams stated that he thinks the aesthetics are first rate. Mr. Williams thanked the Council, the Federated Church, SFPD and City staff. Joe Long, 14380 Saratoga Avenue, SFPD Commissioner, stated that although he is still new on the job he understand that sometimes elected official need to make tuff decisions. Arvin Engelson, Pastor/Saratoga Federated Church, 20381 Sea Gull Way, applauded the efforts of all parties that participated in the past discussions in regard to the SFPD project. Jay Geddes, 13917 Lynde Avenue, SFFD Commissioner, stated that what was before the Council this evening was the design of the future. Mr. Geddes stated that he feels they have met the needs of the neighborhoods and the community. Mr. Geddes stated that Mr. Whetstone's letter was part of continued harassment to delay the construction of the new station. Frank Lemmon, 20655 Woodward Court, stated that he is the Chair of the Citizen Oversight Commission in charge of monitoring the project. On October 29, 2002 the Committee reviewed the cost estimates of the project. Mr. Lemmon stated that the estimated cost plus a 10% contingency has a potential overrun of approximately $650,000. The sale of the Contempo property should cover the overrun. Mr. Lemmon stated that the Fire Commission is sure they can finish the project without another bond. Richard Crouch, 15668 Bohlman Road, stated that he supported the proposed project. Beverly Phipps, 15270 Norton Road, stated that there is a consensus that the SFPD needs a new station. Mr. Phipps stated that he thinks the proposed deign looks like a Mediterranean house. Mr. Phipps stated that he is concerned about the costs. Ms. McGrath noted that there was an error in her report; any reference that says shared parking with the Federated Church should say dedicated parking for Saratoga Fire District. Hal Toppel, Attorney/SFPD, noted that the District will have agreements between the City of Saratoga and the District that will permanently commit the parking areas on the land the District owns to remain parking. However the property that is sold to the Church, today they say it will remain parking, but the future of that land is not the District responsibility. Mr. Toppel stated that the District has completely met the City's parking requirements. 13 If the Church wants to use the parcel for other uses than parking they would have to come to the City. Councilmember Waltonsmith asked if the District received a letter from the United States Postal Office supporting the project. Mr. Toppel responded that a letter from the Post Office was submitted to the City. Gordon Duncan, Assistant Fire Chief/SFPD, addressed comments regarding the size of the proposed station. Assistant Fire Chief Duncan sited examples throughout the area in regards to sizes of new stations and what extra space was used for. Mayor Streit closed the public hearing at 9:00 p.m. Mayor Streit asked about additional safety efforts at the intersection on Saratoga Avenue and Highway 9. Mayor Streit asked if Caltrans would allow us to remove the "no turn on red restriction". John Cherbone, Director of Public Works, responded yes. Mayor Streit asked if this could be added to condition #40. Mayor Streit asked if the gate located in between the properties could be automatic. City Attorney Taylor stated that Council is directing the Public Safety Commission to look at the design of right turn lane improvements from northbound Highway 9 to eastbound Saratoga Avenue and that he would that this request to the resolution. Councilmember Waltonsmith stated that most of her concerns have been addressed, but would like to discuss parking with the Federated Church at a later date. Councilmember Waltonsmith noted that the size of the proposed station is still a concern of hers. Councilmember Mehaffey noted that this has been a very intense public process over the last year. Councilmember Mehaffey noted that the City got a very good design, much better than the original plan the District provided. Councilmember Mehaffey noted that the letter from the Post Office is not from the people in the Post Office that can make important decisions regarding property. Councilmember Mehaffey stated that the appropriate party should be contacted at the Post Office. Councilmember Mehaffey suggested that the District keep the neighborhood abreast of all activity regarding the construction process. Councilmember Mehaffey stated he had some concerns with Condition #40. Councilmember Mehaffey stated that the Public Safety Commission should be "requested" not "directed" to come up with a plan to detour traffic from the Village Green Neighborhood. Councilmember Mehaffey stated that he supports the project 14 Councilmember Bogosian stated that this process has been a very public process and as a result the District has submitted a great proposal. Councilmember Bogosian noted that with this proposal the intersection would be improved. Councilmember Bogosian stated that the new design blends into . the neighborhood well. Councilmember Bogosian stated he supports this project. Vice Mayor Baker stated that he thinks that Condition #40 should remain as is. Vice Mayor Baker stated that this Council's priority has been to protect the quality and character of the neighborhoods. Other than that, Vice Mayor Baker noted that he supports the project. Councilmember Waltonsmith supported Vice Mayor Baker's request to leave Condition #40 as is. Mayor Streit noted that many people have worked on this project to make this Fire Station the best possible. Mayor Streit noted that he supports the proposed project. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPORARY FIRE STATION. MOTION PASSED 5-0. 4. PROPOSED VACATION OF GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA LOS-GATOS ROAD STAFF RECOMMENDATION: Re-open public hearing continued from October 16, 2002; close public hearing; adopt resolution. TITLE OF RESOLUTION: 02-080 RESOLUTION OF THE CITY COUNIL GRANTING THE VACATION OF GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD BAKER/BOGOSINA MOVED TO ADOPT RESOLUTION VACATING GEORGE WHALEN WAY. MOTION PASSED 5-0. ORDINANCE ADOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES AND RESOLUTIONS REGARDING THE NEED TO AMEND THE CALIFORNIA BUILDING CODE TO IMPOSE • ADDITIONAL SEISMIC BRACING REQUIREMENTS 15 STAFF RECOMMENDATION: Open public hearing; close public hearing; place item on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor noted that on October 16, 2002 the City's Building Official has reviewed the 2001 California Building Standards Code and recommends that the City adopt the 2001 California Building, Plumbing, Mechanical, and Electrical codes by reference. The Building Official also recommends that the City adopt certain appendices to the Code. In addition, City Attorney Taylor noted that the Building Official recommends that the City amend the 2001 California Buildings Standards Code to impose additional seismic bracing requirements that are reasonably necessary because of local geological conditions. City Attorney Taylor noted that the proposed ordinance amends the Building Regulations chapter of the Saratoga City Code. MEHAFFEY/WALTONSMITH MOVED TO WAIVE THE SECOND READING• ADOPT ORDINANCE AMENDING THE BUILDING, PLUMBING MECHANICAL AND ELECTRICAL REGULATIONS CODE• PLACE ITEM ON THE CONSENT CALENDAR AT THE NEXT MEETING FOR ADOPTION. MOTION PASSED 5-0. . OLD BUSINESS 6. LAND EXCHANGE WITH SARATOGA FIRE PROTECTION DISTRICT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-079 RESOLUTION OF THE CITY COUNCIL APPROVING THE LAND EXCHANGE WITH SARATOGA FIRE PROTECTION DISTRICT MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOTLUION APPROVING THE LAND EXCHANGE WITH THE SARATOGA FIRE PROTECTION DISTRICT. MOTION PASSED 5-0. Mayor Streit declared aten-minute break at 9:30 p.m. Mayor Streit reconvened the meeting at 9:40 p.m. SARATOGA LIBRARY PROJECT UPDATE • STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. 16 Assistant City Manger Tinfow explained that the Library JPA voted to pay for moving costs. That action would free up an additional $137,000 for construction expenses. Assistant City Manger Tinfow stated that there have been no new change orders • since her last report and the construction completion date continues to be February 28, 2003, and the new library would be open to the public in Spring 2003. In regards to the Gen-Con Inc. bankruptcy, Assistant City Manger Tinfow stated that no new information has been received. In regards to the benches, Assistant City Manager Tinfow stated that she has reviewed additional information on the structural integrity and installation of the alternative benches and would wait until January to bring forward an opportunity for further Council discussion. In regards to the parking lot modifications, Assistant City Manager Tinfow explained that pricing is still being developed for both the internal pazking lot curbing and the perimeter erosion control. Once complete, the option would be brought to Council. Mayor Streit thanked Assistant City Manager Tinfow for her report. NEW BUSINESS 8. 2002-2003 CONTRACT PAVEMENT MANAGEMENT PROGRAM - • AWARD OF CONTRACT STAFF RECOMMENDATION: Move to award bid to lowest bidder; award construction contract; approve additional work to contract; authorize staff to execute change orders to the contract. Morgan Kessler, Civil Engineer, presented staff report. Mr. Kessler explained that sealed bids for the 2002 Pavement Management Program were opened on October 31, 2002. A total of eight contractors submitted Bids. Bortolotto & Co. of San Carlos submitted the lowest bid of $619,962.49, which is 32% below the Engineer's Estimate of $815,469.95. Bid amounts came in unexpectedly low, which can be attributed to current material prices. Staff has cazefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated October 4, 2002. Mr. Kessler stated that staff recommended that Bortolotto & Co. be declared the lowest responsible bidder and authorize staff to execute change orders to the contract up to $90,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. • Mayor Streit asked if Bortolotto & Co. has ever done work for the City. 17 John Cherbone, Public Works Director responded that Bortolotto & Co. has done good work for the City in the past. S BAKER/MEHAFFEY MOVED TO DECLARE BORTOLOTTO & CO. THE LOWEST BIDDER. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONSTUCTION CONTRACT TO BORTOLOTTO. MOITON PASSES 5-0. WALTONSMITH/BAKERMQVED TO APPROVE ADDITONAL WORK IN THE AMOUNT OF $2,000. MOTION PASSED 5-0. MEHAFFEY/WALTONSMTIH MOVED TO AUTHORIZE CHANGE ORDERS UP TO $90,000. MOTION PASSED 5-0. 9. AUTHORIZE SUPPORT OF FRIEND OF TAE COURT BRIEFS IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL; BARDEN V. CITY OF SACRAMENTO STAFF RECOMMENATION: Authorize amicus participation. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that the courts authorize amicus ("fxiend of the court") briefs in cases where the amici have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in the following cases, which are of possible concern to the City. (1) San Jose Christian College v. City of Morgan Hill City Attorney Taylor explained that this case involves the interpretation and application of the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). See 42 U.S.C. § 2000 cc et seq. City Attorney Taylor explained that a health care facility closed the only hospital in the City of Morgan Hill and sold the property to a Christian college. The college filed an application to change the zoning designation for the site from medical use to educational use. The city denied the application, explaining that the site was the only property in the city zoned for hospital use. The college then filed suit against the city under RLUIPA. City Attorney Taylor explained that under RLUIPA, "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden . on the religious exercise" of a person, assembly, or institution, unless the regulation is the least restrictive means of furthering a compelling governmental purpose. 42 U.S.C. sec. 2000cc(a)(1). At trial, the district court entered summary judgment in favor of the city, finding that the college had failed to demonstrate 18 that the denial of its application placed a substantial burden on its exercise of , religion. The court concluded that RLUIPA "does not provide religious institutions with immunity from land use regulation." The college has appealed to the Ninth Circuit Court of Appeals. The amicus brief will emphasize that RLUIPA is intended to prevent discrimination against religious expression and institutions, not to exempt religious institutions from neutral land use regulations or environmental regulations under the California Environrnental Quality Act, and that interpreting RLUIPA to forbid any zoning or land use restrictions on religious institutions would strip local governments and planning commissions throughout the State of California of their historic power to reasonably regulate land use for the public welfare, thereby making federal courts, in essence, "super zoning bodies." The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief, which is being prepared without charge to participating cities. The deadline to join the brief is November 7, 2002. (2) Barden v. City of Sacramento City Attorney Taylor explained that this case involves the application of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, to the maintenance of public sidewalks. City Attorney Taylor explained that various individuals with mobility and/or vision disabilities brought a class action against the City of Sacramento, alleging that the city violated the ADA by failing to maintain existing sidewalks so as to ensure that the sidewalks are accessible to persons with disabilities. The individuals with disabilities argued that the city is obliged to remove barriers to sidewalk accessibility, such as benches, sign posts, wires, and utility poles. City Attorney Taylor explained that at trial, the district court granted partial summary judgment in favor of the city, holding that the public sidewalks in Sacramento are not a service, program, or activity of the city and, accordingly, are not subject to the program access requirements of the ADA. However, the Ninth Circuit Court of Appeals reversed, holding that maintaining public sidewalks is a normal function of a city and, therefore, that public sidewalks are subject to the accessibility requirements of the ADA. The Court of Appeals noted that the ADA regulations require curb ramps to be installed in all pedestrian walkways and found that this requirement "reveals a general concern for the accessibility of public sidewalks ...and would be meaningless if the sidewalks between the curb ramps were inaccessible." The Court of Appeals refused to consider arguments concerning any "undue financial and administrative burdens," stating that the city would have an opportunity to present evidence on that issue at trial. • 19 The City of Sacramento intends to petition the U.S. Supreme Court to review the case and has asked the City to join an amicus brief in support of the petition. In addition, the City of Sacramento has asked the City to join an amicus brief on the merits if the Supreme Court agrees to hear the case. The City of Sacramento anticipates that the amicus brief will explain the intent of the ADA and discuss the serious financial burden that the Court of Appeal's ruling would place on cities and other local agencies if allowed to stand. City Attorney Taylor explained that the League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief in support of the petition, which is being prepared without charge to participating cities. The National League of Cities, the U.S. Conference of Mayors, the California Association of Counties, the National Association of Counties, the City of New York, and numerous other cities have also joined or recommended joining amicus briefs in support of the petition. The deadline to join the brief is November 15, 2002. MEHAFFEYBOGOSIANMQVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL. MOTION PASSED 5-0. WALTONSMITHBOGOSIAN MOVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN HARDEN V. CITY OF SACRAMENTO. MOTION PASSED 4-1 WITH BAKER OPPOSING. AGENCY ASSIGNMENT REPORTS Vice Mayor Baker stated that he would follow up on Mr. Martell's concerns at the next West Valley Sanitation District Board meeting. Councilmember Bogosian stated that the Silicon Valley Animal Control Authority authorize the General Manager to look for additional property to purchase for the shelter. Councilmember Waltonsmith and Councilmember Mehaffey had no reportable information. Mayor Streit stated that an original Tea Room was recently donated to Hakone Gardens and is being shipped from Japan. CITY COUNCIL ITEMS Vice Mayor Baker stated that at the last Parks and Recreation Commission meeting approximately 25 neighbors of the Wildcat Creek Trail came before the Commission protesting to the gates that the SCC Water District installed blocking the trail off completely. Vice Mayor Baker requested that this item be brought back as an agenda item at the next City Council meeting. Consensus of the City Council to place this item on the November 20, 2002 City Council agenda. 20 In regards to the BMX course at Garner Park, Vice Mayor Baker suggested that the City either remove it or rebuild it. In regards to the Library's grand opening celebration, Councilmember Waltonsmith suggested that an adhoc committee be formed to help plan the celebration Councilmember Waltonsmith volunteered to be one of the adhoc members. Councilmember Bogosian noted that he would volunteer, but if either one of the new Councihnembers would like to take his place he would not hesitate to let them. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned the meeting at 10:15 p.m. Respectfully submitted, Cathleen foyer, CMC City Clerk 21 ~ SARATOGA CITY COUNCIL MEETING DATE: January-~15, 2002 AGENDA ITEM: ORIGINATING DIa'PT;: CSL~'Mana~er CITY MANAGER: ~~ PREPARED DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -December 10, 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 December 10, 2002 w MINUTES SARATOGA CITY COUNCIL DECEMBER 10, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 7:00 p.m. ADJOURNED TO THEATER LOBBY FORRECEPTION- 6:30 a.m. MAYOR'S REPORT ON CLOSED SESSION- 7:05 ~.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the Adjourned City Council meeting to order at 7:06 p.m: and requested Councilmember Mehaffey 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 Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 10 2002. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the. agenda for the meeting of December 10, 2002 was properly posted on December 6, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None t . WRITTEN COMMUNICATIONS None COUNCIL DII2ECTION TO STAFF None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. RESOLUTION FOR ADOPTION GRATING THE APPEAL OF A PLANNING COMMISSION DECISION TO DENY DESIGN REVIEW APPLICATION DR-O1-044 TO CONSTRUCT FIRST AND SECOND STORY ADDITIONS TO AN EXISTING ONE-STORY SINGLE-FAMILY RESIDENCE LOCATED AT 18360 PURDUE DRIVE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-096 RESOLUTION OF THE CITY COUNCIL OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING DESIGN REVIEW APPLICATION DR-O1-044 BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION OVERTURNING THE DECISION OF THE PLANNING COMMISSION. MOTION PASSED 5-0. COUNCIL REORGANIZATION 2. REMARKS FROM OUTGOING MAYOR -NICK STREIT Mayor Streit reflected on his term as Mayor of the City of Saratoga noting his accomplishments. 3. REMARKS FROM VICE MAYOR EVAN BAKER AND COUNCILMEMBER JOHN MEHAFFEY Vice Mayor Baker reflected on the past four years he served as a 2 Councilmember for the City of Saratoga. Vice Mayor Baker thanked the City Council and City Staff. Councilmember Mehaffey reflected on the past four years he served as a • Councilmember for the City of Saratoga. 4. PRESENTATIONS TO VICE MAYOR BAKER AND COUNCILMEMBER MEHAFFEY Mayor Streit, Councilmember Waltonsmith and Councilmember Bogosian presented Evan Baker and John Mehaffey a few gifts from the City. CERTIFICATION OF NOVEMBER 5, 2002 GENERAL MUNICIPAL ELECTION RESULTS AND CANVAS OF RETURNS FROM THE COUNTY REGISTRAR OF VOTERS FOR COUNCII, CANDIDATES STAFF RECOMMENDATION: Adopt resolution and direct City Clerk to Administer Oath of Office to new Councilmembers. TITLE OF RESOLUTION: 02-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION OF MEMBERS TO THE CITY COUNCIL OF NOVEMBER 5, 2002 BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2002 ELECTION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to Kathleen King, Norman Kline and Nick Streit. 6. REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: 1. City Manager declazes the office of the Mayor vacant and asks for nominations; when all nominations have been received, a vote is called; 2. Mayor declazes the office of Vice Mayor vacant and asks for nominations; when all nominations have been received, a vote is called. Dave Anderson, City Manager, declared the office of Mayor vacant and asked for nominations. Councilmember Waltonsmith moved to nominate Nick Streit as Mayor. WALTONSMITH/KL1NE MOVED TO APPOINT NICK STREIT AS MAYOR. MOTION PASSED 5-0. Mayor Streit declazed the office of Vice Mayor vacant and asked for nominations. Councilmember Kline moved to nominate Kathleen King as Vice Mayor. KLINE/KING MOVED TO APPOINT KATHLEEN KING AS VICE MAYOR. MOTION PASSED 5-0. 7. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCII,MEMBERS The Mayor and City Councilmembers each provided brief remarks. NEW BUSINESS 8. COUNCIL AGENCY ASSIGNMENTS, COMMISSION LIAISONS AND ADHOC COMMITTEES STAFF RECOMMENDATION: Informational only. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that it was the appropriate time of year to present to the City Council a list of all the outside agencies, commission, committees and adhoc committees City Councilmembers are assigned to each year. City Clerk Boyer noted that Staff was requesting that the Council review the information provided in their packet and submit their preferences to the Mayor by December 12, 2002 so it may be approved on the December 18, 2002 agenda. 9. PROPOSED 2003 COUNCIL CALENDAR STAFF RECOMMENDATION: Informational only. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer noted that there was one minor correction; the Council retreat was now scheduled for February 1, 2003. CITY COUNCIL ITEMS None OTHER None 4 CITY MANAGER'S REPORT None ADJOURNMENT Mayor Nick Streit adjourned the meeting at 7:40 p.m. and invited everyone to the lobby for the reception. Respectfully submitted, Cathleen Boyer, CMC City Clerk r ~,; SARATOGA CITY COUNCIL MEETING DATE: January 15, 2002 ORIGINATING DEPT:City Mana¢~ AGENDA ITEM: ~~ CITY MANAGER: ~~~ PREPARED BY: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special meeting -December 26, 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 December 26, 2002 1 ~` MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING DECEMBER 26, 2002 The Mayor of the City of Sazatoga called a Special Meeting of the Sazatoga City Council held on December 26, 2002 at 5:15 p.m. in the Administrative Conference Room, 13777 Fruitvale Avenue Saratoga, California. Mayor Streit called the Special Meeting to order at 5:15 p.m. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councilmember Kathleen King ALSO Dave Anderson, City Manager PRESENT: Lori Tinfow, Assistant City Manager Cathleen Boyer, City Clerk Dustin Notarianni , Gilbane/Project Manager REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 26, 2002. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 26, 2002 was properly posted on December 20, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None ~. f NEW BUSINESS IA. APPROVAL OF COOPERATIVE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE PAVING OF PROSPECT ROAD STAFF RECOMMENDATION: Approve agreement. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PAVING OF PROSPECT ROAD. MOTION PASSED 4-0 WITH KING ABSENT. 1B. SARATOGA LIBRARY PROJECT -AWARD OF CONTRACT FOR TELEPHONE & DATA WORK STAFF RECOMMENDATION: Move to award a contract to the lowest qualified bidder as recommended by Gilbane and City Staff. WALTONSMITHlKLINE MOVED TO AWARD COMMUNICATIONS INSTALLATION SERVICES (CISI AS LOWEST QUALIFIED BIDDER FOR THE SARATOGA LIBRARY PROJECT TELEPHONE & DATA WORK IN THE AMOUNT OF $79.926 AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO 10% OF THE TOTAL AWARD. MOTION PASSED 4-0 WITH KING ABSENT. ADJOURNMENT There being no further business, Mayor Streit adjourned the meeting at 5:25 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk ~J SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED B~:~-f~~ ~IG~~ DEPT HEAD• SUBJECT: Check Register: 12/19/02 and 1/8/03 RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Registers Certification. ACTION(S): u AP CHECKS A91198-91370 12/19/2002 Checks 1 GENERAL 45,027.06 11,102.69 (250.00) 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 8;971.63 160 Transit Dev 170 Hillside Repair 180 LLA Districts 11,625.57 250 Dev Services 7,600.71 260 Environmental 35,214.36 270 Housing 8 Comm 197,574.41 290 Recreation 14,729.95 (465.00) 291 Teen Services 292 Facility Ops 1,500.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 96,332.81 351 Public Safety 352 Infrastructure .6,964.03 353 Facility 60,855.00 354 Park and Trail 124,587.83 400 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 2,286.00 810 Deferred Comp 830 Payroll Agency 990 SPFA 613.269.36 11,102.69 PAYROLL CHECKS: 628654-28742 TOTAL S .. q w a N N w 0 a A a ~d x w W ^F FZ H ~ ^£O W 4 a I w I 0 0 .o ~e N N W o 0 0 .. r r O r r N 00 N V r r O D r r r r N N aJ m n H m m .~1 .I o 0 o a m o 0 N N t0 V C O H 'I W H n N 'I ~p ~u N fl N i-I rl C C M m C C N N m M a W W U Z q O O Y W Zz ~ a £ W U 4 • • • W • s U • • O s w O t W • W a a Z .~ .] u a a .~ c a W a W a 2 a a 4 a W 4 a a a 4 a a a 2 a w a a F a F F F F ~n F F ro F m F E F O F a F F o a o z o o w o 0 o N o a o x o a o 0 y I F Z F 4 F .Pi F 4 F q q F n~ F # H S F a F U F F a z~ o a 8 a £ p o a q o w o zS J o a o o ~" o v o a o~ o a o ~ i w 2 Z ro Z o Z - 2 W fail Z F 2 ~ Z a Z 4 2 Y 2 ~ Z a o F~ F w a W h w w w w a W W Z w z W w w F W w W a W > N £ a ~ LL' > > > a > U' 7 > W > W > „ > W > w > > a m F W ~ W OI J O F r r q ^ O ? r aN HU ~ W U £ ww a a a m w a\ W I O H H W 00 F F a V H O a^ w l ~ x a ~ as a a „ z w q~ £ W .~ w w w w o w w w a m > v z ^ q ^ q w a W q haw HO O O o O N qw za o W V V C 00 N C a )( O N W N N N N N I(1 N N F N O VI V1 O O z 1+1 M N O O I O O ry O ozl o u u 4 0 0 0 O O O O O N N O O n O O N W N N N N N N N N N N '.J O O O qWl O \F I N N N N N NN N N N N N x a I \ \ \ \ \\ \ \ \ \ U^ I C C RI N N N ry C O N W •1 x \\ z\ \ \ \ U N N N N N N N N \ (l N N N '1 r1 N H H n 'i fl N N H rl N N z fq N W o a a ^ r oo~ o 0 Z I } c Z F F F W N c a ao o a ~ qa o r aN a o v ~n a w w o v~ F F w N {{ ^ ~c W O N 'I a P U 1~1 N b w N f7 N C O r1' q w ~ W W A F W H n C N ^ N N N N N N a x0 1 n Zm £ n Oio xe wam Zo 2m In a n Na y I w U Z I W w w U t~l a M W M M n N {G o M -M x n N. ££'J 00 UO ZZO O tt0 WOO ~O }x`00 ~ O a0 ~f0 FO (n q0 50 [~~0 00 ORo q Uo o Qo uo m O alw> £ Z O O a 2 Y Wo WO r w a W '' o ^° £ w u u w ~ a\, a\, uFn .ai o 0 MF ~ z il, a a u ~f~~> a a ~ ~ a ~ i~ ~~ aD a~ m m m IJ a I 1p N [0 !~ N W ~ N O ^ w N M W W ~ OU M 'i N C N N T P N~ m ~D a £{ O ~ "(~ O O N C N O ry N \ b\ N N aR 001 ON 00 O NC OryN O~ Oho VIO r1 O\ OC a fJ N ~^~ '$~ ~ O r1 O W O N N N O C C fl \ N\ N O 'I Y O N ~~„;~ H O a O N 00 N O N I(1 OO n 00 N O N O r a a U ~> ~ O O O O O O O O O O O O O N w w m w w u a Z W O O O O CINMp Op p O a['y. 0 0 0 0 0 0 0 ooe wp m F ^y i m m O in N N .M4 N m m O N o N w tC p b T m d O O VI p O££ ~ N .4 r r M M M ti N N p WRI p d a X W a N w o yFy • • • n s • n q W • w 0 0 0 0 ~ ~~ o o ~ ~wuaio o uwiw F F F F F F E m F Q¢ F W F i F F w F U U F H N O i O a m w O w W O O a a w 00 G OW 0.' 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'Ab m$ ~~ ~ . . ~ r r ~ . „~ x ~ p ~J L ] ~ x H ~ L ~N Oro Ha H 1 0 1 ~ b O O O O O >INM ! m m m O~ ~ bn ~ p . w m •+ ° b b o 0 b ~rx~ o o Y i V1 01 Y Fund# Fund Name Date Manual Void Total 1/8/2003 Checks Checks AP CHECKS A91371-91511 1 GENERAL 419,190.16 10, 345.17 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 6,009.60 160 Transit Dev 170 Hillside Repair 180 LLA Districts 172.17 250 Dev Services 16,528.42 260 Environmental 37,540.55 270 Housing & Comm 290 Recreation 3,855.37 291 Teen Services 361.02 292 Facility Ops 1,705.00 293 Theatre Surcharge 7,830.00 300 State Park 310 Park Develpmt 320 Library Expansion 6,500.00 351 Public Safety 5,226.62 352 Infrastructure 2,651.66 647.51 353 Facility 180.00 354 Park and Trail 27,131.72 400 Library Debt 391,128.13 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable N 781.00 730 PD #2 740 PD #3 800 Deposit Agency 16,500.00 810 Deferred Comp 830 Payroll Agency 990 SPFA 791.42 27 PAYROLL CHECKS: B28743-28789 TOTAL Prepa by: Date: ~~~ i-10-03 °o wo o vro mYO Y°o ° Hm~~~~ • ~N ww~ ~ YPY a whN o i00b~KAb Y m IP Y b \ P J O O m Y T O O b AOwN m Y mono OA YZ ~ Ob w m ~o N r N u~ v~ ~n vYi .,~ w -' G '~] 3 VI y yy ]v \ o 'wq o~ W 'Oqy J Y ]v A oyy RI O b b Z Z N N 3 3 C O O h ~.•] b b M~ b W 0 O O CW £ A A r H yy< ~ b to Z~ H w yXy ~ !ron (fin n nnY O A H ~o N 3 Op ! ~ C' \ t'1 orMi~ Z H ~ ooZ o0 0~ eootOtl om oq oy OyZy ~ 3 WC uwG W5 Wwr ui°aro wn wh woo 0v W WO C3~ O m T Y J V J n N j~ T m K JO ~ J M P J m b T ro P m •A ~ Yi n YI i W GHZ h n m VJ o m '9 P O N J o }i m C o V1 O Ixi1 y OF tn~ J% ob O~moH mn Np p d 'y N rn] N Z r Nb1 QUII N O N•{' NM Nq 0 o O ow H o x Pb o or ro ° Z b N b m T m h mm aK ~ 5• .A. m bl b fn W O b Y o ~p e O (~ h h m h h N r NZ m b O ~ m n Y O M O O O n O O z ° °v Y .°. 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'X T. ~CX ~ ~ m J Y Y N N N N P W Y m O O P 1/~ J N J P A w ADO NP O{n O A o A A A O O O O O No O O O J J O O W NOPN N N O 00000 O O O O P N A J N A A N M % b b q5 yC~ HC b M 2 O m N C m 0 b m a ,4 n i SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM: CITY MANAGER: (~ ~~ DEPT HEAD: SUBJECT: Planning Commission Actions, January 8, 2003 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of January 8, 2003 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, January 8, 2003 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fmitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Barry, Garakani, Hunter, Kurasch, Roupe, Zutshi and Chair Jackman Absent: Commissioners Barry isr Roupe Staff: Planners Livingstone t~ Oosterhous, Director Sullivan, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meetings of November 13, 2002 and December 11, 2002. ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The lawgenerally prohibits the Planning Commission from ducussing or taking action on such items.. However, the PlanningCommission may instruct staff accordingly regardingOral Communications underPlanning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954:2, the agenda for this meeting was properly posted on January 2, 2003. 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 - None PUBLIC HEARINGS All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing 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 heating. 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. 1. APPLICATION #02-249 (397-27-19) - FU,.14140 Victor Place; -Request for Design Review approval to construct atwo-story residence. The project includes the demolition of an existing one- storyresidence. The total floor area of the proposed two-story residence and attached garage is 2,990 square feet. The floor area of the first floor is 1,764 square feet and the second floor is 1,226 square feet. The maximum height of the proposed residence is 22 feet. The lot size is approximately 9,461 squaze feet and the site is zoned R-1-12,500. (OosTERHOUS) (APPROVED 4-l, KUI2ASCH OPPOSED) 2. APPLICATION #02-136 (397-18-036) - SARUP, 14850 Bazanga Lane; -Request for Design Review Approval to demolish the existing 2,361 square foot house and build a new single family 5,050 square foot house with a three car garage. The maximum building height of the residence will be 26 feet. The lot size is approximately 36,155 squaze feet net and the site is zoned R-1-40,000. (LNINGSTONE) (APPROVED 5-0) DIRECTORS ITEM Annual Report on the Status of the General Plan COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS WRITTEN - None ADJOURNMENT AT 8:29 P.M. TO THE NEXT MEETING - Wednesday, January 22, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mall address to planning@sarato ag ca us SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ~}. ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~G~----- PREPARED BY: c~" DEPT HEAD: SUBJECT: Annual Approval of the City of Saratoga's Investment Policy RECOMMENDED ACTION(S): Approve the City of Saratoga Investment Policy. REPORT SUMMARY: California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2- 20.035, and Section 16.0 of the City of Saratoga Investment Policy require the City Council to annually review and approve the City's Investment Policy. This policy was last adopted early 2002 following the review and recommendation of the Finance Commission. Since last adoption, only one housekeeping revision has been made on section 8, page 4, where the legal limit allowed for investment in the States Fund has been raised from $20 million to $40 million. The Investment Policy lays the foundation for the City's investment management functions and is similar to the model policy approved by the Municipal Treasurer's Association of the US & Canada. The investment policy serves as a guide for setting and achieving investment objectives, defines rules and established benchmarks, prohibits and/or restricts investment instruments and reduces exposure to liability of both staff and Council. Compliance with the Policy is an element of fiscal discipline considered by the City's auditor's and rating agencies during their respective reviews. The City currently practices a passive approach to investing. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City would not be in compliance with State and Local regulations. ALTERNATIVE ACTION(S): Direct staff to reseazch changes to the Investment Policy and return at a future Council meeting for responses and direction on a proposed changes. FOLLOW ilP ACTION(S): Issue updated Investment Policy (with new adoption date) to interested parties. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A. ATTACHMENTS: City of Sazatoga Investment Policy. ~~ C: IMyDocumentsVesselCouncil Reportsllmestment PolicyDOC 2 of 2 . CITY OF SARATOGA INVESTMENT POLICY LAST ADOPTED 1.0 pnlicp: It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 2.0 Sri: This investment policy applies to all financial assets of the City of Saratoga. These funds are accounted for in the City of Sazatoga's Comprehensive Annual Financial Report and include: 2.1 Fund 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 s: General Fund Special Revenue Funds Capital Improvement Funds Debt Service Funds Trust and Agency Funds Any new fund, unless specifically exempted 2.2 Fxce tinnc: The following financial assets are excluded: 2.2.1 Deferred Compensation Plans where investments aze directed by the individual plan participants. 2.2.2 Debt Service Funds Held by Trustees-Investments are placed in accordance with bond indenture provisions. 2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by City Council. 3.0 P_CUSleuce: Investments shall be made with the same judgment and care--under circumstances then prevailing--which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investments, considering the probable safety of their capital as well as the probable income to be derived. 3.1 The standazd of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. C:\MyDocumentsVesse\Policies & Procdures\InvPolicy.doc 1 12/20/02 Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0 nh~ctivec: The primary objectives, in priority order, of the City of Sazatoga's investment activities shall be: 4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Sazatoga shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objectives will be to mitigate credit risk and mazket risk a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only in investment grade securities and by diversifying the investment portfolio so that potential losses on individual securities will have a minimal impact on the portfolio. b. Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years and the maximum maturity of any one security to five yeazs, and by structuring the portfolio based on cash flow analysis so as to avoid the need to sell securities prior to maturity. 4.2 Liquidity: The City of Sazatoga's investment portfolio will remain sufficiently liquid to enable the City of Saratoga to meet all operating requirements which might be reasonably anticipated. 4.3 Return on Investments: The City of Sazatoga's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Saratoga's investment risk constraints and the cash flow characteristics of the portfolio. $.0 nelegatinn of Authority„ Authority to manage the City of Saratoga's investment program is derived from the following: California Government Code Section 53600 et seq. and Sazatoga Municipal Code Section 2-20.035. Management responsibility for the investnent program is hereby delegated to the City Manager who shall be responsible for supervising all treasury activities of the Administrative Services Director and who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment accounting, wire transfer agreements, banking service contracts and collateralidepository agreements. Such C:1MyDocumentsVesse\Policies & Procdures\invPolicy.doc 2 12/20/02 procedures shall include explicit delegations of authority to persons responsible for investment transactions. No person may engage in investment transactions except as provided under the terms of this policy and the procedures established by the City Manager. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 6.0 Ethics and ('nnflicts of Interest; Officers and employees involved in the investment process shall refrain from personal business activity that could conflict or appear to conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. These officers and employees involved in the investment process shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City. - Employees and investment officials shall refrain from undertaking personal investment transactions with individuals with whom business is conducted on behalf of the City of Saratoga 7.0 Anthnri2ed Financial Dealers and institutinns; The City Manager will maintain a list of financial institutions authorized to provide investment services to the City. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness and who are authorized to provide investment services in the State of California. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Manager with the following: personal interview, firm description and audited financial statements, proof of National Association of Securities Dealers (NASD) certification, proof of State of Califomia registration, completed broker/dealer questionnaire and certification of having read and willingness to abide by the City of Saratoga's investment policy and applicable depository contracts. An annual review of the financial condition and registrations of qualified bidders will be conducted by the City Manager. A current audited financial statement is required to be on file for each financial institution and broker/dealer with which the City of Saratoga invests prior to any transaction. 8.0 Anthnrized and Snitahle Investments; The City of Saratoga is empowered by Government Code Section 53601, and further limited by this investment policy, to invest in the following types of securities: C:Vvlylbcumen[sUesse\Policies & Procdures\[nvPolicy.doc 3 12/20/02 ELIGIBLE SECURITIES AND CRITERIA Maximum Term to Ty,~ [: ~a, r ~anree i,imitc ~j~ LAIF State Fund $40,000,000 Demand U.S. Treasury Bills U.S. Treasury No limit One year U.S. Treasury Notes U.S. Treasury No limit 5 years U.S. Govt. Agency Federal Agencies No limit 5 yeazs issues (e.g. FNMA, GNMA) Certificates of FDIC / FSLIC 20%/portfolio 3 yeazs Deposit (Calif. and collateral per institution; Banks or Savings & 30%/total portfolio Loan Co.) Negotiable Issuing 20%/portfolio 5 years Certificates of Institution per institution; Deposit 30%/total portfolio Investment-grade Public entity 20%/portfolio 5 years obligations of California, per institution or its local governments or public entities Money market Fund 10%/portfolio Demand mutual funds per institution 20%/total portfolio Passbook Savings Issuing Bank Minimum Demand Account and necessary Demand Deposits for current cash flow The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing for the purpose of investing. The City shall not invest in instruments whose principal and interest could be at risk contrary to Section 4.1 of this policy. Examples of these instruments are options and future contracts. . C:1MyDocumentsUesse~POlicies & ProcduresVnvPolicy.doc 4 ]2/20/02 . The City shall not invest in "derivatives". See Glossary for description of above securities. 9.0 C'nllatrrali~atinn: Collateralization will be required on certificates of deposit and other deposit-type securities. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest, in accordance with California Government Code Section 53651 and 53652. The City of Saratoga chooses to limit collateral to those listed in Section 8.0. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City of Saratoga and retained. The right of collateral substitution maybe granted. 10.0 Safekrenin~u and C'ns ndv; All security transactions entered into by the City of Saratoga shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian, in the City of Sazatoga's name and control, designated by the City Manager and evidenced by safekeeping receipts. 11,0 1)iverci firati nn ; The City of Saratoga will diversify its investments by security type and institution. Limits aze provided for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools, no more than 30% of the City of Sazatoga's total investment portfolio will be invested in a single security type or 20% with a single financial institution. 12.0 l~jaximnm Mafiirities: To the extent possible, the City of Saratoga will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Sazatoga will not directly invest in securities maturing more than five (5) years from the date of purchase, However, the City of Saratoga may collateralize its certificates of deposits using longer-dated investments not to exceed ten (10) years to maturity. Debt reserve funds maybe invested in securities exceeding five (5) years if the maturities of such investments coincide as neazly as practicable with the expected use of the funds. The City of Saratoga will retain a general operating reserve adopted annually by the City Council. The amount equal to or greater than the required general operating reserve shall C:\MyDocumentsUesse\POlicies & ProcduresUnvPolicy.doc 5 !2/20/02 always be maintained in active deposits and inactive investments with a maturity of one • year or less, with at least one quarter of that amount available every three months of the year. The report discussed in Section 15.0 shall demonstrate this policy is in effect. 13.0 internal C'nntrnl: The City of Sazatoga is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City aze protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by the City Manager and staff. Accordingly, the City shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. The internal controls shall address the following points: Control of collusion. Separation of transaction authority from accounting and recordkeeping. Custodial safekeeping. Avoidance of physical delivery of securities. Clear delegation of authority to subordinate staff members. Written confirmation of transactions for investments and wire transfers. Development of a wire transfer agreement with the lead bank and third-party custodian. 14.0 Performance ~tandardc: The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. 14.1 Market Yield (Benchmark): The City's investment strategy is passive. Given this strategy, the benchmark used by the City of Saratoga to determine whether mazket yields are being achieved shall be the one year U.S. Treasury Bill. 15.0 $egsCtiug: The City Manager is charged with the responsibility of including a market report on investment activity and returns in the City of Saratoga's Cash and Investment Report. The report will be in compliance with California Government Code Section 53646. 16.0 lnvectment Pnli~ Ado to i^n; The City of Saratoga's investment policy shall be adopted by the City Council. Annually, the policy shall be reviewed by the Finance Commission and approved by the City Council. C:\MyDocumentsVesse\Policies & ProcduresUnvPolicy.doc 6 12/20/02 GLOSSARY Rrnker Someone who brings buyers and sellers together and is compensated for his/her service. (',nmTrehencive Annual Financial Rer rt ~CAFRI The City's annual financial statements and footnotes, along with an executive summary, financial outlook, statistical information, and other financial information. Certifio.atec nfne cit Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable. C n1latPrali~atinn Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public monies. Cnctndian A bank or other financial institution that keeps custody of stock certificates and other assets. Daaler Someone who acts as a principal in all transactions, including buying and selling from his/her own account. T7el1VP. Vc. PaTnent The preferred method of delivering securities, with an exchange of money for the securities. T)Pmanrl T)el nt cite A deposit of monies which aze payable by the bank upon demand of the depositor. TTP.T'I Vatl VP. Securities that aze based on, or derived from, some underlying asset, reference date, or index. FT~TC' Federal Depository Insurance Corporation F4T,T( Federal Savings and Loans Insurance Corparation T,inni~dtfv, An asset that can easily and rapidly be converted into cash without significant loss of value. • T,ncal ency Tnvectment Fnnd (J.ATFI C:U-1yDocumentsUesse\Policies & ProcdureSUnvPolicy.doc 7 12/20!02 The LAIF was established by the State of California to enable treasurers to place funds in a pool for investments. There is a limitation of $30 million per agency subject to a maximum often (10) total transactions per month. The City uses this fund when market interest rates are declining as well as for short-term investments and liquidity. Mnney market mnhral fiords Mutual funds that invest in short term securities and strive to maintain a share price of $1. ~gQtiahle certificates of depncit A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market). Passive Tnve.ctment Strateav An approach to managing the investment portfolio which entails a "buy and hold" strategy in which investments are generally held until they mature. pnrtfnlin Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of a portfolio is to reduce risk through diversification. Pn~~nealer A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its oversight Regional T)ealer • A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered with the Securities and Exchange Commission. CafP_ k,PP_ping Offers storage and protection of assets provided by an institution serving as an agent Ti S. Treasnrv Rills Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S. Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue interest but are sold at a discount to pay face value at maturity. T T.S. Treasnrv Nntec These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original maturities of one to ten years. Interest is paid semi-annually. T1.R_ C'rnvernment AgencyTssn s Include securities which fall into this category. Issues which are unconditionally backed by the full faith and credit of the United States, e.g. Small Business Administration Loans. C:MaryJo~Invest~InvPolicy • C:U9yDocumentsUesse~Policies & ProcduresUnvPolicy.doc 1f 12/20/02 f SARATOGA CITY COUNCIL MEETING DATE: Jan I5, 2003 ORIGINATING DEPT: PREPARED BY: AGENDA ITEM: ~~~ CITY MANAGER: ~~G~-- DEPT HEAD: SUBJECT: Declaration of Surplus Computers, Monitors, Printers and Authorization for their Disposal. RECOMMENDED ACTION(S): To authorize the disposal of surplus obsolete and retired broken Computers, Printers, and Monitors. REPORT SUMMARY: To surplus City equipment that has bean used by staff which is no longer usable and have become obsolete and/or broken such as Computers, Monitors, Printers, and Accessories, etc. (list attached). According to the City Code 2-45.170, properties having value equal to or greater than $500, need City Council approval for disposal. The cun•ent value of each item is less than $500. Most of the surplus equipment was acquired before 1997 and their records are not directly accessible. Therefore, staff has re-constructed the original cost of each item and to the best of their knowledge the total cost for each equipment classification is as follows: Computers $38,400 (with their monitors, accessories, and installed software Monitors $14,250 Printers $4,450. Total current value of all surplus items is less than $1000,. Disposal charges are typically assigned to obsolete and nonfunctional items. However, the City will not be charged for disposing its current surplus with Kaiser Technology. Currently, Kaiser Technology's service is free, whereas many other organizations charge as much as $20 per monitor to have it and other equipment recycled. Recycled equipment is dismantled, melted down, and then recycled for other uses. a t FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): What happens if we don't surplus: Additional storage will soon be required. Could potentially.have to pay disposal fees if decision is made to dispose of surplus computer equipinent,in the future. ALTERNATIVE ACTION (S): To provide Funding for additional storage space. FOLLOW UP ACTION(S): Staff will contact vendor to coordinate disposal-efforts. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. , ATTACHMENTS: • List of retiredlbroken computers, monitors, and printers. • Company contact information which has accepted the surplus 2 oft tC 'G ~ I ~i A J lA W P U ~ A A A C C C C P C w A C P O~ O~ A V T J A J G Q~ O A b b b y A N y y w p A A w T O W W A N A J J b W W p W U O~ b pJ A N O~ W y y W ly '.i+ w Y ~~ N N N N r J J J J WA J ~ r r NP yNy O J ~ W W O O') W N ~'J J P L7 C C7 L7 L7 ~ ~ ~ L~ C~ N b N _W V JO -~ N J J :: .:: .~ w N ,Q N 7J A a VJ F .O /J N O J OJ L - j ,~ A A 1- ~ U G v ~ T~ ~ O N ^I IJ A O C P ~ ON W p ~ 'J~ N C O ~^ 'I. J W N J C C O J C C rip N 3 3- 3 3 3 ~~ J tAn A a J J ~ ~ A A A 3 3 ~= 3 3 3 ~ o w N o o N N c c c 3 ~ w 3 3 ~ ~ a a a a a m a a a a a a 0 m 6 n < < 1 < < ~ < < < C < _ < ~ 'J O O n < UO _ _ (. to t~G q U ~ n P P N ~j P C C / w (b W N V' n N W A A N N N V: R W ~~ z o o Z Z " ;; L Z 'Z H ~ ~ 3 "' ~ c rn H ~ N N' I U W Q ry~ ~o ~ ~ ~ ~ ~ rt~ ~ m ~ rn ~ A ~ n n z n n ~ A A A A 6 6 O. OO. ~. O. C G. 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G C.. 6 6 6 6 6 6 6 6 d 6 6 6 G ~ y a I ~ O O O O O O O O O o O O o o O O C O O o O O O o O O o o O X O O O O O O O O O O_ O_ O O O O_ O O_ O_ O O O O O_ O O O O O C b b b b ~D b b b `~O b b ~O b b b b •D bV b b •U b b b b ~p ~O ~ J U J J N c tbii P P A Vbi C s C Vi C d A > a c J ~ J J W p Vbi M a M Vi Vi fn 6'~ v+ (n b+ •f [/~ In r ~ r •n s A N U N y N u' ~ U u Vi M (~ ! ~ 8 L A A A A 4 L A A W L A P W G W 4 W W A p 0 O O O O O O O O O O C O O O O O O O O O O O O O U O O ~' O O O O O O O O O O O O O O O O O O O O O O O O O O O ~, $ S o a.o S$ o$ o S o$ S o$$ S$ o$$ o o$$ S S °~ N 1 i I `.~ r f SANTA CLARA COUNTY COMPUTER MONITORS AND TELEVISIONS REUSE AND RECYCLING DIRECTORY Kaiser Technology YES No charge Jan Berry Office Manager 627 Walsh Ave Drop-off hours 7:30-5:00 n Santa Clara, CA 95050 No broken monitors 6/27101 (408) 986-0539 ~?u)'v, -fem. 408 986-0567 ~~' dSource Onllne Yes Working monitors only Kare Dillon, President 10 a Dr. Ste.11 etore dropaff dated on _ San Jose (408) 253- (408) -7391 (Fax) .kidsource.com M-Cubed YES Call efore drop-off Aubrey Lennard 270 E. Caribbean Dr. No fee Receptionist Sunnyvale, CA 94089 Any condition Updated on (408)752.1560 6127/01 vvww.m-cubed.com Micro Mefallies Corp. YES Business only Mark Tenberin 1695 Monterey Hwy. Fee Operation Manager San Jose, CA 95112 Updated on 408 998-4930 6/27/01 ' Palo Alto Microcomputer YES YES Pentium or higher only Andy Chu, 3483 #2 F EI Camino Real T.V 19" or smaller only Manager Palo Alto, CA Call before dropoff Updated on 650 493-8209 No cha a 6/27/01 Resource Area For Teachers YES YES Working monitors only Edc, Office Manager (RAF's Call before dropoff Updated on 1355 Ridder Park Dr. Computer 15" or larger 6/27/01 San Jose, CA 95131 For donation 408 451-1420 Roslan Intergrated, Inc. YES Fee David Wei, 95 Magellan Ave. Call before drop off Manager San Jose, CA 95116 No broken monitors Updated on (408) 373.3655 6/27/01 408 929.1686 Faz San Jose Fam!!y Shelter YES YES Working monitors only Dora-Clerk 1590 Las Plumas Ave. Updatetl nn San Jose; CA 6/27101 408 926-8885 Salvation Army YES YES Working/repairable Marta, Employee 800.958-7825 monitors only Updated on Call for the nearest location 6/27101 St. Vincent tle Paul Soc. YES YES Working monitors and systems Sister Latesha (408) 993.9500 Uptlated on Call for the nearest location 6/27/01 Tung Ta! Group YES Call before drop off Jerry, Account Manager 1726 Rogers Ave. Fee- $5.00/monitor Updated on San Jose, CA 95112 No broken monitors 6127/01 (408)573-8681 408 573-8823 Fax Unltetl Datatech Distributors YES Fee Estella) Employee 950Bo. Thirtl SL Call before drop off Updated on San Josa, CA 95112 Any condition 6/27/01 (aoa) ssa-o7oo 408 998-0900 Fax VP ElecVOnics, Inc. VES Fee Dennis Merrill 2277 Ringwood Ave. Call before drop~off General Manager San Jose, CA 95131 Updated on (408)435.8400 6/27!01 (408) 435.8530 (Faz) VP Electronics msn,com Weird Stuff Warehouse YES Call before dropoff Chris Levaser, 3a4 W. Caribbean Dr, No fee Updated on Sunnyvale, CA 94086 6/27/01 408 743-5650 "'Information is subject to change Cathode Ray Tubes (CRTs) may contain 5.7 pounds of lead. Typically found in television and computer monitors. Fizi;E ~~+/~ AU G11pgGC~~ SIG lsll'11/i %~ /7G ~~ 9 ~rtiP $ ? OeMONTF3WHW WTR1Wrt51CRT NNON U9 3 lIWalM firtL01 V V V D A(S~/~'~ J PYr'r SANTA CLARA COUNTY COMPUTER MONITORS AND TELEVISIONS REUSE AND RECYCLING DIRECTORY COMPANY NAME COMPUTER T.V. NOTES CONTACT Ace Loan O/Tce YES Within 5 yrs old with remote Lupe Chaves, Manager 31 Post Street a nd must be 20" or smaller Updated on San Jose, CA 95113 Working monitors only 6/27/01 408 295-1488 Call before dro off _ Alltronles YES No fee Ted, Employee 989S.4et•Streei. Call before drop-off Updated on Any condition 6/27/01 (466}949A~73 5Y ~977y' ~cay Temporarily unavailable until 7/16/01 American Meta/ 81ron YES 17" or larger monitors J _ aime, Employee 11665 Berryessa Rd. Wodcing conditions Updated on San Jose, CA 95133 No fee 6/27/01 ~ 406 453-1776 YES No charge Andrew . 3461 Edward Ave ~ i' yt s Any condition Owner Santa Clara, CA 95054 1775 7 Call before d~ropp off YQ 7S y Updated on (408)486.0900 . W Zf4 6/27/01 (408)486.6074 (Fax) $f)A! ;~§~ 9~'~'~, www.atlanticcom uter rou .com eerman's O/verslfled Ind. ~ YES YES Call before drop off Jeff 600 E. Trimble Rd. Take any quantity and size Updated on San Jose, CA 95131 $20 per T.V 6/27/01 (406) 955.7900 - Any condition 408 955-7914 Fax Best Metals Process YES 15" or larger Sang Kim, Manager 782 Park Ave. #10 Color monitors only Updated on San Jose, CA 95126 $ 3 per monitor 6/27101 (408) 279-3906 Any condition 408 279-1015 Faz Community Value YES YES Call before drop-off - ssica, Employee 1631 Rd Working monitors Up a San Jose Tax de 6/27/01 4 8.9837 Computer Recycling Center YES No broken monitors with Steven, Cust. Rep. ~ 2971 Mead Ave, broken glass or broken Updated on t oamira Clara, CA 950E i tubas 6,'27/C7 (408) 327-1800 - No charge 801 (Fax) ( ' N7M~l% i ' _ „e¢$ I wrm crc or __ Fox Electronics ~~ YES No broken monitors Dave Lewis, Purchasing 686 North King Rd Call before drop off anlv~agei ' San Jose, CA 95133-1709 $0.17/lb. Updated on (408) 929-0369 6/27/01 (408) 929-4373 (Faz) www.foxelectronics.com ' Elecronics YES N r e Sue, Cust. Service Rep. 550 E. w Rd Any condi i San Jose 7/01 4 7-1000 NMR Group YES YES y condition B loess waste only 435 23rd Street San Francisco, CA 94107 (415)647-6071 415 647-2580 Fax Hackett Enterprises YES W rking monitors only-ma ac Stan Ramirez, Employee 1 t Not wo a Up a San Jos 95 Call bet opoff 6/27101 83-9000 Hope habilitation Svcs. YES YES .V 19" or smaller only Sara, Admin. Assistance 4351 Lafaye - N Up a n Santa Cla 5050 small u es only 6/27/0 408 -2875 efore dro roff t -.-- 8L-D, 3E OS LEq (/c5t E 7 f%1 a61c.,~4Jy t311, ~C® 4 (d G3rNPbLi L•yl. IS f 16Gi,% MYy~fy'll(i ~5~/Q ra"4IV!v7/!G, ~Zp /N~tTN, F~ ~1~' ~Qr #IS Atio>`7i~ Otis /Y~T1NL'!%G/~ ~ w,rHr^+,SS/hv 7rtx-rg ~tAnxP~fiSC. ~[aG1~m L 4MDATAOWlNI_OATA1LLim1CRTAND NLi# 1 UpEa1M 629101 lI' SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: January 15, 2003 CITY MANAGER: ~~~~" ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Approval of License Agreement with American Society of Composers, Authors and Publishers (ASCAP) for Music Performances. RECOMMENDED ACTION: Authorize City Manager to approve license. agreement with ASCAP. REPORT: Federal copyright law gives the owner of music and other copyrighted material exclusive control over public performances of copyrighted material. The American Society of Composers, Authors and Publishers (ASCAP) is an association of copyright owners formed to streamline licensing of copyrighted material for public performances. ASCAP worked with the International Municipal Lawyers Association to develop the attached model license agreement for public agencies. The license agreement would apply to most public performances on City property or sponsored by the City; the comprehensive license avoids the need for performance-by-performance licensing and reduces the risk of allowing or sponsoring an unlicensed performance. The license agreement does not apply to dramatic performances (i:e., musicals); these would continue to be subject to separate licensing requirements with the copyright owner. The license agreement requires payment of a fixed annual fee of $250. adjusted each year to reflect the change in the consumer price index. The agreement also requires payment of an additional fee for each "special event" with gross revenues exceeding $25,000. The special event fee is 1% of gross revenues. For special events where the City is a co-sponsor, the City must pay the Special Event fee unless the co-sponsor is also an ASCAP licensee and pays the Special Event fee. ASCAP has indicated that if the City returns the- agreement prior to January 15, 2003 it will waive any claims its members may have against the City for copyright infringement for past unauthorized non-dramatic public performances. ALTERNATIVES: The City could continue to obtain performance licenses on a case-by-case basis. Alternatively, the City could structure its operations to avoid. all public performances of copyrighted material. FISCAL IMPACTS: $250 per year as adjusted for changes in the consumer price index in addition to special event fees. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: License Agreement 2 LICENSE AGREEMENT LOCAL GOVERNMENTAL ENTITIES AGREEMENT between the American Society of Composers, Authors and Publishers ("ASCAP") located at 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 and ("LICENSEE"), located at Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music". For purposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who aze performing at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment "means music that is perfonned at the Premises by musicians, singers or other performers. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks . owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and pazades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below). (b) This Agreement shall be for an initial term of one year, commencing ,which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one yeaz each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. • -Page One of Four Pages - (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE'S right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico-musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: (i) at any convention, exposition, trade show, conference, congress, industrial show or similaz activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE'S Premises, and is not open to the general public; (ii) by or at colleges and universities; (iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player Qukebox) for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee" and any applicable "Special Bvents License Fees", all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE'S population as established in the most recent published U.S. Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees" mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who aze legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations aze not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Schedule C fees aze not applicable to municipal, county or other local government entities. (b) Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not made within thirty days of its due date. - Page Two of Four Pages - J 4. Reports and Payments (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE'S population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the information set forth in paragraph 4.(d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of [he attraction(s) appearing; (iii) the "Gross Revenue" of the event. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Evont. If there aze no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (t) LICENSEE agrees to famish to ASCAP, where available, copies of all programs of musical works performed, which are prepazed for distribution to the audience or for the use or information of LICENSEE or any department thereof The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE'S place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE'S Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on apro-rata basis to LICENSEE any unearned license feos paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. -Page Three of Four Pages - 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on anon-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similaz transmission) to the appropriate person office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person office responsible, etc. within 30 days of such change. IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE, this day of , 20_ .. AMERICAN SOCIETX OF COMPOSERS, AUTHORS AND PUBLISHERS By: Title: Al] required notices and reports are to be sent to: Account Services Department ASCAP 2690 Cumberland Pazkway, Suite 490 Atlanta, GA 30339-3913 800-505-4052 (phone) 770-805-3475 (fax) Email: municipal licensing@ascap.com LICENSEE By: Title: Name: Title: Address: Fax: Email: Page Four of Four Pages - 2001-2002 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Base License Fee 1 - 50,000 ..... ..... $ 250 50,001 - 75,000 ..... ..... 500 75,001 - 100,000 ..... ..... 600 100,001 - 125,000 ..... ..... 800 125,001 - 150,000 ..... ..... 1,000 150,001 - 200,000 ..... ..... 1,300 200,001 - 250,000 ..... ..... 1,600 250,001 - 300,000 ..... ..... 1,900 300,001 - 350,000 .... ..... 2,200 351,001 - 400,000 ..... ..... 2,500 400,001 - 450,000 ..... ..... 2,800 450,001 - 500,000 ..... ..... 3,100 500,001 - plus ..... ..... 3,800, plus $500 for each 100,000 of population above 500,000 to a maximum feeof $50,000 SCHEDULE B Special Events The rate for Special Events shall be 1% of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C State Municipal and/or County Leaeues or State Associations of Attorneys The annual license fee for LICENSEES who aze legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be $250. License Fee for Year 2003 and Thereafter For each calendaz yeaz commencing 2003, all dollar figures set forth in Schedules A, B and C above (except the $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar yeaz, adjusted in accordance with the increase in [he Consumer Price Index -All Urban Consumers (CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 1.800.505.4052 770.805.3475 (Fax) 2UUI - 2002 ASCAP Account No.: ` Report Form For LOCAL GOVERNMENTS Licensee: Report Completed By: Title: Date Completed: E-Mail Address: Telephone No.: Fax No.: Web Site Address: CERTIFICATE: I hereby certify that the data reported below is true and correct as of this _ day of , 2. SCHEDULE A -BASE LICENSE FEE (Due upon execution ojAgreement and within 30 days ojthe Agreement's renewal date) REPORT YEAR: POPULATION: BASE LICENSE FEE: 5 (Per current U.S. Census Data) (Please refer to Rate Schedule.) SCHEDULE B - SPECIAL EVENTS* /Resort and navment due 90 davs after th¢ conclusion ofeach special even!. ) EVENT DATE (MM/DDrcY) IfMOre than) Evenr Per Day, Please Report as Separate Entries PERFORMER(S)OR GROUP(S) APPEARWG GROSS REVENUE•• OF EVENT (MUST EXCEED 525,000) % APPLIED TO GROSS REVENUE EVENT FEE 1S A PROGRAM OF MUSICAL WORKS ATTACHED Ycs or No IF THE EVENT IS CO-SPONSORED Pleaze identify the Co-sponsor name. address, phone numbtt and ASCAP account number Name: Address: x .01 $ Phone No.: Acwunt No.: Name: Address: x .Ol $ Phone No.: Account No.: Name: Address: x .Ol $ Phone No.: Account No.: Name: Address: x .Ol $ Phone No.: Account No.: Name: Address: x .01 $ Phone Na.: Account No.: "'Special Events" means musical evenu, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds 525,000. ""Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue' shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C -STATE MUNICIPAL AND/OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF ATTORNEYS REPORT YEAR: ANNUAL LICENSE FEE: $250.00 (Due within 30 Total Fees Reported From Anv or All of Schedules A. B or C: ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 800.505.4052 770.805.3475 SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ~i ORIGINATING D ~ PT: Manager ,CITY MANAGER: ~~C~-~--- PREPARE Y: DEPT HEAD: SUBJECT: Commission Attendance Records RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Attendance reports for all Commissions are submitted semi annually for periods January 1 through June 30 and July 1 through December 31. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Commission Attendance Records 6/02 -12/02 C~ Arts Commission Attendance Record July 8, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Mary Lou Taylor Absent: Lisa Pontier de Maffei, Sylvia Wohhnut August 12, 2002 Present: Mary Ann Henderson,. Betty Peck; Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: Tracy Halgren, Lee Murray September 9, 2002 Present:'Tracy Halgren, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: Mary Ann Henderson, Lee Murray September 24, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor Absent: Sylvia Wohlmut October 7, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Mary Lou Taylor, Sylvia Wohlmut Absent: Lisa Pontier de Mattei November 18, 2002 Present: Tracy Halgen, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Mattei, Mary Lou Taylor, Sylvia Wohlmut Absent: None December 9, 2002 Present: Tracy Halgren, Mary Ann Henderson, Lee Murray, Betty Peck, Lisa Pontier de Maffei, Mary Lou Taylor, Sylvia Wohlmut Absent: None City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/868-1215 fax: 408/ 868-8559 Memo To: City Clerk From: Lorie Tinfow Date: 1 /7/ 03 Re: Citizen's Oversight Committee Meeting Absences For the period July 2002 through December 2002, we have met monthly • with the exception of August. The following represents the record of absence for the committee members during that time: Norman Siegler: 2 Susan Calderon: 1 Alan King: 0 Don Johnson: 1 Katie Alexander: 0 Thanks. COMMISSION MEETING ATTENDANCE RECORD Date: Commission: Period Covered: December 30, 2002 Finance July to December 2002 Number of Scheduled Meetings Commissioner Chuck Swan Richard Allen Emily Gazbe Jim Hughes Alex Tennant Sam Ouchi 5 Number of absences 2 1 0 0 0 1 City of Sazatoga Community Development Department MEMORANDUM TO: Cathleen Boyer, City Clerk FROM: John F. Livingstone AICP, Associate Planner DATE: November 18, 2002 RE: HERITAGE PRESERVATION COMMISSION ATTENDANCE 2002 ul Au ust Se tember October November December Norm Koe ernik Present Present Present Present Absent Present Patricia Baile Present Present Absent Present Present Present Will s Peck Present Present Present Present Present Present Ph lis Ballin all Present Absent Present Present Present Present Dora Grens Present Absent Present Present Present Present Paul Conrado Present Present Present Present Present Present Torn Lowdermilk Present Present Present Present Present Present • r-~ U 1 ,r~ u City Manager's Office 13777 Fruitvale Ave. Sazatoga, CA 945050 Tel: 408/868-1215 fax: 408/868-8559 Memo To: City Clerk From: Lorie Tinfow Date: 1 / 7/ 03 Re: Library Expansion Committee Meeting Absence For the period July 2002 through December 2002, we have met monthly and scheduled additional site tours for the alternating months. The • following represents the record of absence for the committee members at regular meetings during that time: Marcia Manzo: 1 Bill McDonnal: 0 Stan Bogosian: 4 Dave Anderson: 5 Ruchi Zutshi: 3 Julie Farnsworth 0 Mary Jeanne Fenn: 1 Ruth Lipstein: 1 Jack Grantham: 1 Edward Sessler: 3 Fran Andeeson: 3 Thanks. n LJ 1 n U Parks & Recreation Commission Attendance Record For the Period JULY 1, 2002-DECEMBER 31, 2002 Commission Member Clabeaux, Elaine Deimler, Logan Dodge, Sandra Frazier, Angela Fronczak, Norbert Gates, Greg Seroff, Nick Number of Meetings Attended 5 of 5 5 of 5 5 of 5 4of5 5 of 5 5 of 5 4of5 C~ c COMMISSION MEETING ATTENDANCE RECORD Date: December 15, 2002 Commission: Planning Commission Period Covered; July -December 2002 Number of Scheduled Meetings: 10 Regular Meetings Number of Special Meetings: 0 Special Meetings Commissioner Number of Absences Barry, Cynthia 2 Garakani, Mike 1 Hunter, Jill 1 Jackman, Erna 1 Kurasch, Lisa 1 Roupe, George 2 Zutshi, Rutchi 4 Submitted by: !'~~ •. L ~ ~ _ Thomas Sulliv , AICP Secretary to the Planning Commission Date 10/23,11/13 7/24 7/10 11/13 11/13 10/23,12/11 7/10, 7/24, 9/11,12/11 • • City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/868-1215 fax: 408/868-8559 Memo To: City Clerk From: Lurie Tinfow Date: 1 /07/03 Re: Public Safety Commission Meeting Absences For the period July 2002 through December 2002, the Commission has met . monthly. The following represents the record of absence for Commission members during that time: Fran Andreson: 1 Brigitte Ballingall: 0 Mitch Kane: 0 Ronny Santana: 1 Tom Edel: 1 Isabelle Tennenbaum: 0 Jim Schindler: 0 Thanks. • COMMISSION MEETING ATTENDANCE RECORD Date: December 30, 2002 Commission: Youth Period Covered: July to December 2002 Number of Scheduled Meetings: 5 Commissioner Number of Absences Baker 0 Ballingall 0 Burke 1 Byrne 1 Farnum 2 Jayakumar 1 Lee 1 Levin 0 Luskey 0 Maltiel 0 Miller 1 Schwartz 0 Sclavos 1 Skelly 1 Wu 0 Respectfully submitted by: (lr~ D Taffy e Recreation Program Coordinator r • COMMISSION MEETING ATTENDANCE RECORD Date: January 6, 2003 Commission: Library Period Covered: July -December 2003 Number of Scheduled Meetings: 4 Regular Meetings July and November meetings not scheduled Commissioner Number of Absences Chair Mauro 1 Chandra 0 • Cross 1 Foscato 0 Gipstein 1 Grover 0 Johnson 0 Submitted by:~ ~~~~~~ ,. Lori Burns Staff Liaison to Library Commission • SARATOGA CITY COUNCIL MEETING DATE: January 1S, 2003 ORIGINATING DEPT: Community Development PREPARED BY: Steve Prosser SUBJECT: Notice to Appear Citation Revision RECOMMENDED ACTION(S): AGENDA ITEM: ~~ CITY MANAGER: (~--~/ DEPT HEAD: Adopt resolution providing for the revision of Saratoga Notice to Appear Citations REPORT SUMMARY: In November 2002, Code Enforcement received notification from Santa Clara County Superior Court that the Notice to Appear citations (approved for use in 1988) that are issued for City Code violations do not conform with the statutory requirements of the Judicial Council of California. Pursuant to Chapter 3 Section O10(b) of the Judicial Council of California, January 1, 2000 was the effective date of the most recently adopted forms. All agencies using Notice. to Appear citations shall use forms that comply with the updated requirements within one (1) year of adoption. Prior to submitting revisions to the Judicial Council, the revised Notice to Appear Citation must be approved by City Council. FISCAL IMPACTS: Cost for printing new citations (minimum order of 25 books) is $750.00. Such costs will be covered from the FY 02/03 Code Enforcement printing budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Failure to adopt required revisions may result in disciplinary action by the Judicial Council and The State of California. `' ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S) Forward copy of updated Notice to Appear citation forms and City Council approval to the Judicial Council of California for final approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment 1: City Council Resolution Attachment 2: Revised City of Saratoga Notice to Appear citations Attachment 3: Year 2000 Revisions of the Notice to Appear and related forms, Judicial Council of California Attachment 4: Letter of approval of Notice to Appear Citation revision by Assistant City Attorney Jonathan Wittwer C~ J Attachment 1 . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, CALIFORNIA, APPROVING REVISIONS TO CITY OF SARATOGA NOTICE TO APPEAR CITATIONS WHEREAS, November 2002, the City of Saratoga was advised that the Notice to Appear citations currently used by Code Enforcement no longer complies with the requirements set forth by the State of California and the Judicial Council of California. WHEREAS, the revisions of the City of Saratoga Notice to Appear citations comply with California Penal Code section 853.9 and California Vehicle Code sections 40500(b), 40513(b), 40522, and 40600. WHEREAS, local and state agencies were required to comply with within one (1) year of the most recently adopted forms. WHEREAS, the approval and use of the revised forms resolve discrepancies found in prior forms regarding the notification and location of any required court appearances. NOW, THEREFORE, BE IT RESOLVEb, the City Council of the City of Saratoga hereby approves the Notice to Appear citation revisions required by the Judicial Council of California, pursuant to the year 2000 Revisions of the Notice to Appeat and Related Forms, Section 3.010. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment 2 ~~ v` <~vt",~ ~ S ~XYXXA"X NOTICE TO APPEAR ^ Traffic J Nontraffic (:: MISDEMEANOR Name (first, MidJle, Lastj C.] Owner's RasponsiUiiity Neh..otle, § Adtlress State ZIP Cotle Age or vin ware COMMERICAL VEHICLE N=h. Code, § tS2t 0(b)) CJ FIAZARUOUS MATERIAL Neh. Code, § 3(131 or Lessee L:7 Same 3s 3S Cip~ SI3te ZIP Cone Cormctable Violation Neh. Cotle, § 40610) l.; Booking Required Misdemeanor or Yes No Codr--, antl Section Uescriptian Infrertior: (Circle) !: M I L; G M !.. C. M 1 C) C; M I SpaeU Approx. REJMax. SFd. Veh. Lmt. Safe Radar Direction of Travel [': Continuation > No. N S E W Farm Issued Location of Violation(s) ~ GiryJCOUnry of Occurrence at Comments (<Neathe5 Road 3 Traffic Contli[ions) L..i Accitlen[ C7 Volalions no[ committetl in my presence, tleclared on information antl oelief. I tleclare under penalty of perjury untler the laws of the S[ata of California the foregoing is true antl rorract. to cnlne w rtrvJ M 2a Jam o. Uatoa L / / Ip Uato Nana of krrcating UXica. A 1Ala nt Irem Cnur9 (rH:wr Saial Np. Uama VII WHEN: ON OR BEFORE THIS DATE / / Time [; AM [,' PM WHAT TO DO: FOLLOW THF.INSTRUCTIONS ON THE REVERSE. N!H[RE: [[:7 Tralfic Court 935 Rulf Dl ive, San Jose, CA 95110 (JOG) 299-?233 ',f~ Hall of Justice 190 VJ. Redding Street, San Jose, CA 95110 (408) 299-2281 '.)Juvenile Traftic 2.610 N. Hrst Street, Sar: ,lose, CA 95134 ;408j 435-2275 ("'; TO BE NOTIFIED [; You may arrango with the Clerk to appear at a night session of tho court. P'rN (FOR COURT USE ONLY) CEN !FOR COUP.T USE ONLIj Notice to Appear form apptovotl M the Judicial Campil of Calilomn SEE REVERSE Rov. Xx-YA-xx iVeh. Vmq $§ 40500(b), 40513(b?, 40522, 40600: Pen. Cotle. § OS?.9) TR-130 Marginal u (Circle one) RIGHT or LEFT THUMBPRINT IMPORTANT -READ CAREFULLY WARNING: If you fail to appear in court as you have promised, you may be arrested and punished by 6 MONTHS IN JAIL AND/OR A $1,000 FINE regarcJless of the disposition of the original charge. (Veh. code, § 40508 or Pen. Code, § 853.7.) In addition, any person who fails to appear as pro- vided by law may be deemed to have elected to have a trial by written declaration (in absentia) pursuant to Vehicle Code section 40903(x) upon any alleged infraction, as charged by the arrest- JUVENILE: If you were under age 18 at the time the citation was issued, you must appear in court with your parent or guaMian. COURTESY NOTICE: A courtesy notice may be mailed to the address shown on your elation, indicating the required deposit of money (baip That may be forfeited instead of your appearing In court. If you do not receive a courtesy notice, you are still required to comply with the items helow by the appearance date. WHAT TO DO You are required to appear at court for a misdemeanor violation. For all violations, your court date/limo/placo are on th¢ front of this notice to appear. Have the citation with you when contacting the court. In all infraction cases, you must tlo one of the following for each violation: • Pay the fine (bailf. • Correct the violation (traffic cases, when applicable). • Appear in court • Request tra/fic school (traffic cases, when applicable). • Contest the vielation. • Request trial by written declaration (traffic cases). If you tlo not do one of the above actions, then a "failure [o appear" charge will be filed against you (Veh. Code, § 40508(x)) and your driver license may bo withheld, suspended, or revoked. In some courts you may be charged an amount in addition to the bail amount and the case may be turned over to a collection agency (Pen. Code, § 1274.1). 7. If you do NOT contest the violaUOn a. (Pay the bail amount) Contact the court for bail information. You will not havo to appear in court. You will be convicted of the violation, and it will appear on your record at the Department of Motor Vehicles (DMV). A print rount may be charged to your DMV rewrtl and your insurance may be adversely affected. b, (Traffic school) You may be able to avoid the point count by completing traffic school. Wu must pay the bail amount, and you may have to pay other fees. After you attend traffic school, the violation will be dismissed and file point count will not bo added to your DMV record. Contact the court to request traffic school. o. (COrroctabto violations) If the °YOS" box is checked on the front of your tickot, the violation is correctable. Upon correction of the violation, have a law enforcement officer or an authorized irtapeptiort/installation station agent sign below. (Veh. Code, § 40616). Registration and driver license violations may also be certified as corrected at an office of the UMV or by any Berk or deputy clerk of a court. The violation will b¢ dismissed by [he court after PROOF OF CORRECTION and payment of a transzction tee are presented to the court by mail or in person by the appearance date. Violation of Vehicle Code section 16028 (automoave liability Insurance) will bo dismissed only upon (7) your showing or mailing to the court evidence of financial r¢sponsibil- iry valid a[ the time this notice to appear was issued, and (2) your payment of a transaction fee. d. (City Codo Violations) If you havo corrected the violation shown on [he reverse side, contact Iha issuing agency for an inspection at leas[ 5 days prior to court appearance date and request an officer to certify correeaion below. Take this certification to couK with you. CERTIFICATE OF CORRECTION (MUST BE RETURNED TO COUNI} Sec[ion(s} Violated Signature of Person certifying Correction Serial No. Agency Date 2. If you contest the violation (select a or b): a. (Court trial) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court by the appearance date to request a court trial on a future date vuhen an officer and any witnesses will be present. Vou will be roqutred ro submit the bail amount. -OR- b. (Trial by written declaration (traffic cases)) Sentl a certified or registered letter postmarked not Ia[er than fve days prior to the appearance date, or come to the court on or before file appearance date to request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence without appearing in court. An officer will also subrni[ a statement. The judicial officer will consider [he evidence and decide the case. 3. Make checWmoney order payable to Clerk of the Court. Write your citation number and driver license number on your check or money orda~. You may pay in person, by mail, or by phone. 4. Atldilional information is available at: Local web site: www.scselfselvice.org Attachment 3 2000 REVISIONS OF THE NOTICE TO APPEAR AND RELATED FORMS ~c1~~ , ~~~~~ •.•~y~fiiE Kq. L? m l ,~ y--i .. ~•-^ ~/'~i~ . i -`~o_ =mar: ~ ~I~; `~"''." ~, "`y~ 1 J~V JUDICIAL COUNCIL OF CALIFORNIA Administrative Office of the Courts 455 Golden Gate Avenue San Francisco, California 94102-3660 ACKNOWLEDGMENTS The Administrative Office of the Courts gratefully acknowledges the contributions and cooperation of those representatives from the judicial community, law enforcement agencies, and special interest groups who made this manual possible. TABLE OF CONTENTS ~.J CHAPTER 1 PURPOSE OF FORMS ..........................................................................................................14 1.000. DEFINITIONS .................................................................................... ....................................................I~I- 1.010. IN GENERAL ..................................................................................... ....................................................14 1.020. NOTICE TO APPEAR .......................................................................... .................................................... 14 1.030. CONTINUATION FORM ...................................................................... .................................................... 14 1.040. ELECTRONIC NOTICE TO APPEAR ..................................................... ....................................................22 CHAPTER 2 AUTHORITY TO PRESCRIBE FORMAT .........................................................................22 2.010. JUDICIAL COUNCIL ...............................................................................................................................22 CHAPTER 3 REVISION DATE ...................................................................................................................33 3.010. JUDICIAL COUNC[L ...............................................................................................................................3~ CHAPTER 4 FORM SPECIFICATIONS ...................................................................................................33 4.010. REQUIRED COPIES .................................................................. ..............................................................33 4.020. SIZE AND COLOR .................................................................... ..............................................................33 4.030. PAPER STOCK ......................................................................... ..............................................................44 4.040. SERIAL NUMBERS .................................................................. ..............................................................44 4.050. PRINTING FDRMAr ................................................................. ..............................................................44 4.060. PRINTING EXPENSES .............................................................. ..............................................................44 CHAPTER 5 VARIATIONS OF MANDATORY LANGUAGE/DATA FIELDS ...................................44 $.000. IN GENERAL ........................................... 5.010. PERMITTED VARIATIONS ....................... 5.020. APPROVAL PROCESS .............................. 5.030. LEGAL SUFFICIENCY .............................. ................................................................................ 44 ................................................................................. 44 ................................................................................. 53 ............................................................................... 5~ CHAPTER 6 MANDATORY LANGUAGE/DATA FIELDS (FACE OF FORM) ..................................66 6.000. IN GENEAAL .......................................................................................................... ............................... 66 6.010. AGENCY NAME ..................................................................................................... ...............................6g 6.020. TITLE OF FORM ..................................................................................................... ............................... 66 6.030.- SERIAL NUMBER ................................................................................................... ............................... 66 6.040. MISDEMEANOR CHECK BOX ................................................................................. ...............................7~ 6.050. DATE AND TIME .................................................................................................... ...............................7~ 6.060. DEFENDANT'S NAME ............................................................................................. ...............................7~ 6.070. DEFENDANT'S ADDRESS ........................................................................................ ...............................7~ 6.080. DEFENDANT'S AGE AND B[RTH DATE .................................................................. ...............................7~ 6.090. DEFENDANT'S PHYSICAL DESCRIPTION ................................................................. ............................... 77 6.100. COMMERCIALVEHICLE ........................................................................................ .................................7 6.110. HAZARDOUS MATERIAL ....................................................................................... ...............................8~ 6.120. VEHICLE DESCR[PTION .......................................................................................... ..............................8$ 6.130. FINANCIAL RESPONSIBILITY .................................................................................. ..............................8~ 6.140. NAME OF REGISTERED OWNER/LESSEE ................................................................. ..............................8~ 6.150. ADDRESS OF THE REGISTERED OWNER/LESSEE ..................................................... .............................. 8 6.160. CORRECTABLE VIOLATION ADVISEMENT AND CHECK BOXES ............................... ..............................8~ 6.170. BOOKING REQUIRED .............................................................................................. ..............................951 6.180. VIOLATIONS ........................................................................................................... ..............................95 6.190. SPEED .................................................................................................................... ..............................95 6.200. LOCATION OF VIOLATION ...................................................................................... ..............................9$ 1 6.210. OFFICER'S DECLARATION ON INFORMATION AND BELIEF ............................................. .......................95 6.220. OFFICER'S DECLARATION UNDER PENALTY OF PERJURY ............................................. ....................1049 6.230. OTHER OFFICER ...................................................:....................................................... ....................10-19 6.231. DECLARANT-AUTOMATED TRAFFIC ENFORCEMENT SYSTEM CITATIONS .................... .................... lOd9 6.240. DEFENDANT'S SIGNATURE ........................................................................................... ....................101-0 6.250. TIME TO APPEAR .......................................................................................................... ....................101-0 07.260. PLACE TO APPEAR ....................................................................................................... .................... 11-1-1- 6.270. NIGHTCouAT .............................................................................................................. ....................lld-1 6.280. LEGEND ....................................................................................................................... ....................114-I CHAPTER 7 MANDATORY LANGUAGE/DATA FIELDS (REVERSE OF DEFENDANT'S COPY) .........................................................................lld-1 7.010. FAILURE TO APPEAR ADVISEMENT .................................................................................................. 111-1- 7.020. W HAT TO DG ..................................................................................................................................1213 CHAPTER 8 DISCRETIONARY LANGUAGE/DATA FIELDS .........................................................144 8.000. IN GENERAL ..................................... 8.010. BAIL STATEMENT .................................................. 8.020. DEFENDANT'S RACE/ETHNICITY ............................ 8.030. DEFENDANT'S THUMBPRINT .................................. ......................................................................14-14 ......................................................................1414 ....................................................................... 14 ......................................................................15-1-5 CHAPTER 9 PROHIBITED LANGUAGE/DATA FIELDS .................................................................151-3 9.010. DEFENDANT'S SOCIAL SECURITY NUMBER ........................................... ..............................1513 ii Chapter 1 PURPOSE OF FORMS 1.000. Definitions For the purposes of this manual the following words are synonymous: (a) Notice to Appear; citation; (b) violation; offense; allegation; charges; (c) defendant; violator; person; individual; citee; driver; (d) court; court of jurisdiction; judicial district; (e) officer; arresting officer; citing officer; issuing officer. 1.010. In General Notice to Appear forms are designed to meet statutory requirements and, to the extent possible, address the procedural requirements of local judicial districts and law enforcement agencies. Notices to Appear should provide the defendant with pertinent information regarding the charges and what steps the defendant must take to answer the allegations. The uniform language and data fields assist law enforcement and the courts in the timely and accurate processing of the citation information. The design also ensures statewide conformity of advisements important to the defendant and that those advisements are clear and explicit. 1.020. Notice to Appear a) Whenever a person is arrested for any violation declared to be an infraction or misdemeanor, or for a violation of any city or county ordinance, and the person is not immediately taken before a magistrate, the arresting officer shall prepare a Notice to Appear form.' This allows the case to be cited to a court without the necessity of a physical arrest. b) When the Notice to Appear is prepared on a form approved by the Judicial Council it shall constitute a complaint upon which the defendant may enter a plea? The complaint aspect of the Notice to Appear is important because it serves as an allegation that the offense occurred within the geographic boundaries of the court's authority and that the nature of the offense is one for which the court has legal jurisdiction. 1.030. Continuation Form a) The Continuation of Notice to Appear form shall be used when multiple offenses are charged and the Notice to Appear form does not provide sufficient space for the listing of all the charges. b) A second Notice to Appear shall not be issued in lieu of a continuation form. L J 'Per Veh. Code, § 40500(a) and Pen. Code, § 853.6. zPer Veh. Code, § 40513(b) and Pen. Code, § 853.9. c) The Notice to Appear and the corresponding continuation form should be treated as one law enforcement document and contain the same citation number. 1.040. Electronic Notice to Appear a) The electronic Notice to Appear eliminates those citation-processing problems caused by the illegibility of handwritten information. The use of an electronic Notice to Appear also reduces the amount of information that needs to be key-entered into law enforcement and court computer systems. b) A court is authorized to receive and file a Notice to Appear in an electronic form if all of the following conditions are met:' 1) The information is in a format approved by the Judicial Council 2) The Notice to Appear is transmitted to the court by a law enforcement agency. 3) The court has the facility to electronically store the information for the statutory period of record retention. 4) The court has the ability to reproduce the Notice to Appear in physical form upon the demand and payment of the reproduction costs. Chapter 2 AUTHORITY TO PRESCRIBE FORMAT 2.010. Judicial Council a) The Judicial Council has adopted three formats for the Notice. to Appear form: 1) The Traffic Notice to Appear.° This format is to be used exclusively for the citing of traffic law violations. (See Appendix C.) 2) The Nontraffic Notice to Appears As the title implies, this format is to be used for violations other than traffic offenses. (See Appendix D.) 3) The Traffic/Nontraffic Notice to Appear.b This combination format is a convenience for law enforcement in that it eliminates the need to carry two different sets of forms. (See Appendix E.) b) The continuation form maybe used in conjunction with Traffic, Nontraffzc, and Traffic/Nontraffic Notice to Appear forms. (See Appendix B.) c) The electronic Notice to Appear' emulates the format of the Traffzc/Nontraffic Notice to Appear. A computer generated paper citation is issued to the defendant at the time of arrest. 'Per Pen. Code, § 959.1. • `Per Veh. Code, § § 40500(b), 40513(b), and 40522. seer Pen. Code, § 853.9. 6Per Veh. Code, § § 40500(b), 40513(b), 40522, and Pen. Code, § 853.9. 'Per Pen. Code, § 959.1. d) The Automated Enforcement Systems Notice to Appear may be used in conjunction with violations of sections 22451, 21453 and 22101 recorded by an automated enforcement system.$ (See Appendix A.) e) The Judicial Council has not adopted a form for, nor established guidelines governing, the following: (1) parking citations, (2) arrest/booking reports, and (3) court bail courtesy notices. Chapter 3 REVISION DATES 3.010. Judicial Council a) Periodically, the Judicial Council will adopt revisions of Notice to Appear forms. Law enforcement shall use the revised Notice to Appear form within one year of it being adopted by the Judicial Council. (See section 6.030 for exception.) This policy will allow law enforcement time to deplete any existing supplies of the old form, print and disseminate new forms, and, if necessary, develop new procedures and train personnel regarding the revisions. b) January 1, 2000 is the effective date of the most recently adopted forms. . Chapter 4 FORM SPECIFICATIONS 4.010. Required Copies The arresting officer shall prepare the Notice to Appeaz form in triplicate for Vehicle Code violations9 and in duplicate for all other violations.10 In practice, many law enforcement agencies use afour-part form: a copy for the court, the police agency, the citing officer, and the defendant. 4.020. Size and Color u The size and color of Notice to Appear copies should conform with the requirements of the courts in which they are filed. The Judicial Council recommends the following form specifications: a) A "trim" size of 4 1/4 inches wide and 7 1/2 inches long; 5/8-inch tabs on the top or bottom of the form. b) Original (Court's copy) -white, 15-pound paper stock. Print head-to-head. c) Duplicate (Police agency's copy) -pink, 15-pound paper stock. No printing on reverse. d) Triplicate (Officer's copy) -green, 15-pound paper stock. Print reverse head-to-head aPer Veh. Code, ~ 40518. 9Per Veh. Code, ~ 40500(a). 10Per Pen. Code, ~ 853.6. e) Quadruplicate (Defendant's copy) -yellow, 20-pound paper stock. Print reverse head- to-head. ~ The colors of the "Court's copy" and "Police agency's copy" correspond with mle 1:3- 1 of the "Model Rules Governing Procedure in Traffic Cases" adopted by the National Conference of Commissioners on Uniform State Laws. 4.030. Paper Stock Paper stock shall be pressure sensitive and have a shelf life of at least five years. Copies shall be reproducible on photocopy equipment. 4.040. Serial Numbers a) The serial numbers of the form sets shall be sequential and without "skips." There shall be no "duplication" of numbers between form sets. b) The format of the serial numbers is at the discretion of local law enforcement with the approval of the court. 4.050. Printing Format a) A vertical format is required. b) All text on the forms shall be black. 4.060. Printing Expenses The printing of the forms and the associated costs are not the responsibility of the Judicial Council; printing is to be arranged in accordance with local custom. Chapter 5 VARIATIONS OF MANDATORY LANGUAGE/DATA FIELDS 5.000. In General Generally, mandatory language and data fields are indicated on examples of Judicial Council adopted forms by unshaded areas; see section 5.010(a) for exceptions. 5.010. Permitted Variations a) To meet the unique customs and/or needs of local law enforcement agencies and judicial districts, the Judicial Council does permit limited variations in the "time," "place," and "proof of correction certification" data fields, among others. To indicate that variations may be permitted, these data fields are identified by shaded areas. Shading should not appear on proposed forms. (See section 5.020 regarding the • process for obtaining approval of proposed variations.) 4 b) Preprinting of, or changes in, the name, address, or telephone number of the law enforcement agency or the court of jurisdiction do not require approval from the Judicial Council. 5.020. Approval Process a) A draft of the proposed form (face of form, reverse of defendant's copy, and reverse of court's copy) should be directed to: Traffic Administrative Office of the Courts Trial Court Services Division 455 Golden Gate Avenue San Francisco, California 94102-3660 OR Fax 415-865-4330 b) The request for approval shall include the name and telephone number of a contact person. c) The Judicial Council has authorized the Director of the Administrative Office of the Courts (AOC) to approve minor and inconsequential changes in the language of mandatory data fields. . d) A request for a proposed minor or inconsequential change must have the mutual consent of both law enforcement and the court of jurisdiction before it is submitted to the Judicial Council for approval. The request for approval shall contain a statement verifying that both the court and the law enforcement agency are in mutual agreement to the proposed change. e) If no clarification is required regarding the proposed change(s), the administrative review will be completed within 30 days from the receipt of the request. After the review process is completed, all requests will receive written correspondence either approving the requested change(s) or identifying the reason for disapproval. f) Within 30 days of printing, the entity that received approval for the proposed form shall cause a copy of the approved form to be sent to the address stated in section 5.020(a). 5.030. Legal Sufficiency Approval is vested in the Judicial Council pursuant to specific code sections, and approval of the forms containing material not expressly mandated by statute does not reflect Judicial Council opinion or position on the legal sufficiency of the added material. Chapter 6 MANDATORY LANGUAGE/DATA FIELDS (FACE OF FORM) 6.000. In General The mandatory language and data fields vary between the various Notice to Appear forms. depending on the purpose of the form. All language and data fields in unshaded areas on the examples of approved forms are mandatory, even if not discussed below. 6.010. Agency Name The name of the citing agency and jurisdiction shall appear near the top of the form. 6.020. Title of Form The title of the form shall be printed near the top of the form. 6.030. Serial Number a) A sequential serial number for each multipart set of Notice to Appear forms shall appear horizontally near the top right corner of each form. b) To facilitate the filing systems of some courts, statewide law enforcement agencies • shall also print the serial number in the lower right margin of the court's copy. Statewide law enforcement agencies shall comply with this requirement as specified in section 3.010. Local law enforcement agencies shall comply with the requirement for the duplication of the serial number in the right margin within one calendar year of a request from a local court. c) The serial number may be preprinted on the Notice to Appear. d) The serial number on the continuation form shall be the same as that on the corresponding Notice to Appear; the duplication of the serial number in the right margin is not required. e) Bar coding of the serial number permits those courts with bar code readers to improve the timeliness and accuracy of processing Notice to Appear forms. Within the following parameters, the bar coding of the serial number shall be placed on the face of the court's copy of the Notice to Appear form: 1. The bar code shall appear as near as practical to the bottom of the form 2. The bar code should have a 1/4-inch area (quiet zone) that is clear and free of all printing preceding the start character and the following stop character. 3. Statewide law enforcement agencies shall comply with the bar code requirement as specified in section 3.010. . 4. Local law enforcement agencies shall comply with the bar code requirement within one calendar year of a request from a local court. 6.040. Misdemeanor Check Box To facilitate processing, the citing officer shall check the misdemeanor box at the top of the Notice to Appear if one of the offenses charged is a misdemeanor. The misdemeanor check box does not appear on the automated notice. 6.050. Date and Time a) The date and time of the issuance of the Notice to Appear shall be indicated near the top of the form. b) The "Date of Violation" data field shall be: Mo./Day/Yr. c) A check box "A.M./P.M." format is provided as an optional field to indicate the time. Indicating the time in the form of "A.M./P.M." is more discernible to most defendants than the use of the 24 hour clock (military time). 6.060. Defendant's Name a) The defendant's name is required on the Notice to Appear.' b) The sequence of the defendant's name shall be First/Middle/Last. This sequence corresponds with the California Driver License. . 6.070. Defendant's Address a) The defendant's address shall be indicated on the Notice to Appear.'Z b) The address shall be the defendant's mailing address. The mailing address allows the court to mail a courtesy notice and/or other correspondence to the defendant. 6.080. Defendant's Age and Birth Date a) The defendant's age and birth date is required on the Notice to Appear. The sequence of the birth date shall be: Mo./Day/Yr. b) The birth date data field is designed to accept a numerical entry. 6.090. Defendant's Physical Description a) The defendant's sex, hair, color of eyes, height, and weight are required on the Notice to Appear. See section 8.020 for the policy regarding the defendant's race/ethnicity. b) Data fields for the recording of the defendant's physical description are designed to accept the standard abbreviations of physical descriptors. 6.100. Commercial Vehicle The Notice to Appear shall indicate whether the vehicle involved in the offense is a "Per Veh. Code, § § 40500(a), 40518(b) and Pen. Code, § 853.6. "Per Veh. Code, §§ 40500(a), 40518(b) and Pen. Code, § 853.6. commercial vehicle.l' When appropriate, the citing officer shall mark the check box within the data field, "COMMERCIAL VEHICLE (Veh. Code, § 15210(b))." 6.110. Hazardous Material The Notice to Appear shall indicate whether the vehicle involved in the offense was transporting hazardous material. The Department of Motor Vehicles requested that law enforcement make such an indication effective January 1, 1989. When appropriate, the citing officer shall mark the check box within the data field, "HAZARDOUS MATERIAL (Veh. Code, § 353)". 6.120 Vehicle Description The year, make, and body style of the vehicle operated by the defendant at the time of the offense shall be indicated on the Notice to Appear.l' 6.130. Financial Responsibility The officer shall write the driver's evidence of financial responsibility on the Notice to Appear.15 A person issued a Notice to Appear for a violation of this section may submit to the clerk of the court, in person or by mail, written evidence that the driver was in compliance with this section at the time of the citation. 6.140. Name of Registered Owner/Lessee . a) The Notice to Appear shall contain the name of the registered owner or lessee.16 b) The name shall be indicated on the Notice to Appear in the following sequence: First/Middle/Last. 6.150. Address of the Registered Owner/Lessee a) The address of the registered Owner/Lessee shall be indicated on the Notice to Appear.l' b) The address shall be the registered owner's mailing address. 6.160. Correctable Violation Advisement and Check Boxes a) Whenever a person is an-ested for violations specified in Vehicle Code section 40303.5 and none of the disqualifying conditions set forth in Vehicle Code section 40610(b) exist, and the officer issues a Notice to Appear, the notice shall specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed upon proof of correction.18 "Commercial vehicle is defined in Veh. Code, § 15210(b). The requirement of indicating if offense involves a motor vehicle is per Veh. Code, § 40300.2. '"Per Veh. Code, § 40500(a). . ~sPer Veh. Code, § 16028. 'seer Veh. Code, § 40500(a). "Per Veh. Code, § 40500(a). 1ePer Veh. Code, § 40522. b) For offenses identified in Vehicle Code section 40303.5 the citing officer shall indicate by marking the appropriate check box whether or not the offense is eligible for dismissal upon proof of timely correction. Marking the "no" box denotes that disqualifying conditions specified in Vehicle Code section 40610(b) exist. c) The correctable violation advisement and the check boxes do not appear on the Automated Traffic Enforcement System notice. 6.170. Booking Required The officer may either book the arrested person prior to release, or indicate on the Notice to Appear that the arrested person shall be booked.19 The booking required check box does not appear on the Automated Traffzc Enforcement System notice. 6.180. Violations The Notice to Appear shall state the offenses charged 20 6.190. Speed A Notice to Appear charging a speeding violation shall specify the approximate speed, prima facie or maximum speed, and any other speed limit exceeded. a) The safe "speed box" is provided so that the officer can indicate a speed different from the maximum or prima facie (posted) speed when the Notice to Appear is prepared charging a violation of the basic speed law (Veh. Code, § 22350). Conditions affecting the safe speed limit should be noted on the Notice to Appear (e.g., fog, rain, etc.). b) When charging a speed violation, enter both the approximate speed and the prima facie speed applicable to the street or highway. c) Enter the maximum speed limit pertaining to the particular type of vehicle, or combination of vehicles, only if the defendant is cited for exceeding the speed limit for that vehicle. 6.200. Location of Violation The Notice to Appear shall state the location of where the offenses charged occurred. 6.210. Officer's Declaration on Information and Belief The officer shall indicate on the Notice to Appear (check box) when the offense was not committed in his/her presence and that his/her declaration is on infonnation and belief. A citizen's complaint is an example of a situation that may result in the officer checking the box. The declaration is separate and distinct from the officer's declaration under penalty of perjury discussed in section 6.220. 19Per Pen. Code, § 853.6. 20Per Veh. Code, § 40500(a) and Pen. Code, § 853.6. 'Per Veh. Code, § 40503. 6.220. Officer's Declaration under Penalty of Perjury The Notice to Appear shall contain the officer's declaration, under penalty of perjury, subscribed by the officer, that the information regarding the violations is true and correct.zz 6.230. Other Officer The name of the arresting officer, if different than the name of the officer completing the Notice to Appear, shall be stated on the Notice to Appear. This policy was adopted to address situations in which there are teams of officers working radar enforcement or aerial patrol. This option is not available on the Automated Traffic Enforcement System Notice to Appear. (See section 6.231.) 6.231. Declarant-Automated Traffic Enforcemenf System Citations The name of the government agency or law enforcement representative making the declaration, "Violation was not committed in my presence. The above is declared on information and belief and is based on photographic evidence," shall be stated on the Automated Traffic Enforcement System Notice to Appear. 6.240. Defendant's Signature To secure release from arrest, the defendant must give his/her written promise to appear.23 This option does not apply to citations issued for violations recorded by an Automated Traffic Enforcement System Notice to Appear. 6.250. Time to Appear a) The time specified in a Traffic Notice to Appear shall be a specific date which is at least 21 days after arrest; the court having jurisdiction over the offense charged may authorize the arresting officer to specify on the Notice to Appear that the appearance may be made before the time specified.24 b) When a Notice to Appear has been issued for a violation recorded by an automated enforcement system, it must be mailed within 15 days of the violation date to the current address of the registered owner of the vehicle on file with the Department of Motor Vehicles, with a certificate of mailing obtained as evidence of service.ZS The time to appear shall be at least ten days after the Notice to Appear is delivered.ze c) The time to appear placed on the Nontraffic Notice to Appear shall be at least 10 days after the date of arrest for a nontraffic violation. (Pen. Code, § 853.6.) d) In the case of juveniles, the court having jurisdiction over the offense charged may require the arresting officer to indicate on the Notice to Appear "to be notified" rather than a specific date.Z' 'Per Code Civ. Proc., § 2015.5 "Per Veh. Code, § 40504 and Pen. Code, § 853.6. 24Per Veh. Code, § 40501(a). ~sPer Veh. Code, § 40518(a). 26Per Veh. Code, § 40518(b). 'Per Veh. Code, § 40501(b). 10 6.260. Place to Appear The place specified on the Notice to Appear shall be one of the following: a) Before a magistrate or judge.Z$ b) Before a person authorized to receive a deposit of bail 29 c) Before the juvenile court, juvenile court referee, or juvenile traffic hearing officer.so 6.270. Nighf Court If the court identified in the Notice to Appear holds night sessions, the notice shall include a statement advising the defendant.31 6.280. Legend The legend at the lower left corner of the Notice to Appear form denotes Judicial Council approval. Chapter 7 MANDATORY LANGUAGE/DATA FIELDS (REVERSE OF DEFENDANT'S COPY) • 7.090. Failure to Appear Advisement The reverse of the defendant's copy of the Notice to Appear and continuation form shall contain an advisement regarding the penalties for failing to appear as promised: a) Traffic Notice to Appear form: "WARNING: If you fail to appear in court as you have promised, you may be arrested and punished by 6 MONTHS IN JAIL AND/OR A $1,000 FINE regardless of the disposition of the original charge. (Veh. Code, ~ 40508.) In addition, any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration (in absentia) pursuant to Vehicle Code section 40903(a) upon any alleged infraction, as charged by the arresting/citing officer.s32 b) Traffic/Nontraffic Notice to Appear form: "WARNING: If you fail to appear in court as you have promised, you may be arrested and punished by 6 MONTHS IN JAIL AND/OR A $1,000 FINE regardless of the disposition of the original charge. (Veh. Code, § 40508 and Pen. Code, § 853.7.) In addition, any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration (in ~aPer Veh. Code, § 40502(a - b) and Pen. Code, § 853.6. ~sPer Veh. Code, § 40502(c) and Pen. Code, § 853.6. 30Per Veh. Code, § 40502(d). 'Per Veh. Code, § 40502(d). 'Per Veh. Code, § 40508. 11 absentia) pursuant to Vehicle Code section 40903(a) upon any alleged infraction, as charged by the arresting/citing officer."33 c) Nontraffzc Notice to Appear form: "WARNING: If you fail to appear in court as you have promised, you maybe arrested and punished by 6 MONTHS IN JAIL AND/OR A $1,000 FINE, regardless of the disposition of the original charge. (Pen. Code, § 853.7.)734 7.020. WHAT TO DO The reverse of the defendant's copy of the Traffic Notice to Appear form shall contain information regarding options available to recipients of Notices to Appeaz as follows: "1. If you do NOT contest the violation: a. (Pay the bail amount) Contact the court for bail information. You will not have to appear in court. You will be convicted of the violation, and it will appear on your record at the Department of Motor Vehicles (DMV). A point count may be charged to your DMV record and your insurance may be adversely affected. b. (Traffic school) You may be able to avoid the point count by completing traffic school. You must pay the bail amount, and you may have to pay other fees. After you attend traffic school, the violation will be dismissed and the point count will not be added to your DMV record. Contact the court to request traffic school. c. (Correctable violations) If the "Yes" box is checked on the front of your ticket, the violation is correctable. Upon correction of the violation, have a law enforcement officer or an authorized inspection/installation station agent sign below. (Veh. Code, § 40616.) • Registration and driver license violations may also be certified as corrected at an office of the DMV or by any clerk or deputy clerk of a court. The violation will be dismissed by the court after PROOF OF CORRECTION and payment of a transaction fee are presented to the court by mail or in person by the appearance date. Violations of Vehicle Code section 16028 (automobile liability insurance) will be dismissed only upon (1) your showing or mailing to the court evidence of financial responsibility valid at the time this notice to appear was issued, and (2) your payment of a transaction fee. 2. If you contest the violation (select a or b): a. (Court trial) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court by the appearance date to request a court trial on a future date when an officer and any witnesses will be present. You will be required to submit the bail amount. -OR- b. (Trial by written declaration) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court on or before the appearance date to request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence without appearing in court. An officer will also submit a statement. The judicial officer will consider the evidence and decide the case." The reverse of the defendant's copy of the Traffzc/Nontraffic Notice to Appear form shall contain information regarding options available to recipients of Notices to Appeaz as follows: "Per Veh. Code, § 40508 or Pen. Code, § 19 and § 853.7 34Per Pen. Code, ~ 19 and ~ 853.7. 12 "1. If you do NOT contest the violation: a. (Pay the bail amount) Contact the court for bail information. You will not have to appear in court. You will be convicted of the violation, and it will appear on your record at the Department of Motor Vehicles (DMV). A point count may be charged to your DMV record and your insurance may be adversely affected. b. (Traffic school) You may be able to avoid the point count by completing traffic school. You must pay the bail amount, and you may have to pay other fees. After you attend traffic school, the violation will be dismissed and the point count will not be added to your DMV record. Contact the court to request traffic school. c. (Correctable violations) If the "Yes" box is checked on the front of your ticket, the violation is correctable. Upon correction of the violation, have a law enforcement officer or an authorized inspection/installation station agent sign below. (Veh. Code, § 40616.) Registration and driver license violations may also be certified as corrected at an office of the DMV or by any clerk or deputy clerk of a court. The violation will be dismissed by the court after PROOF OF CORRECTION and payment of a transaction fee are presented to the court by mail or in person by the appearance date. Violations of Vehicle Code section 16028 (automobile liability insurance) will be dismissed only upon (1) your showing or mailing to the court evidence of financial responsibility valid at the time this notice to appear was issued, and (2) your payment of a transaction fee. 2. If you contest the violation (select a or b): b. (Court trial) Send a certified or registered letter postmarked not later than five days . prior to the appearance date, or come to the court by the appearance date to request a court trial on a future date when an officer and any witnesses will be present. You will be required to submit the bail amount. -OR- b. (Trial by written declaration (traffic cases)) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court on or before the appearance date to request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence without appearing in court. An officer will also submit a statement. The judicial officer will consider the evidence and decide the case." The reverse of the defendant's copy of the Automated Traffic Enforcement System Notice to Appear shall contain information regarding available options as follows: "1. If you do NOT contest the violation: a. (Pay the bail amount) (See "BAIL INFORMATION" below) Your bail will be forfeited to the court. You will not have to appear in court. You will be convicted of the violation, and it will appear on your record at the Department of Motor Vehicles (DMV). A point count will be charged to your DMV record for this offense and your insurance may be adversely affected. b. (Traffic school) You may be able to avoid the point count and adverse effect on your insurance by attending traffic school. After your completion of traffic school, the violation will be dismissed and the point count will not be added. You may be eligible to attend traffic school if you have not already attended in the past 18 months. Contact the court to request traffic school. You must pay the bail amount, and you may have to pay other fees. 2. If you contest the violation (select one): a. (Court trial) Send a certified or registered letter postmarked not later than five days prior to the appearance date, or come to the court by the appearance date to request a court 13 trial on a future date when an officer and witnesses will be present. You will be required to • submit the bail amount. You will be given a date for your trial. -OR- b. (Trial by written declaration) Send a certified or registered letter postmazked not later than five days prior to the appearance date, or come to the court on or before the date on the front and request a trial by written declaration. Submit the bail amount. You will be given forms to allow you to write a statement and to submit other evidence without appearing in court. An officer will also submit a statement. The judicial officer will consider all of the evidence at the same time and decide the case." Chapter 8 DISCRETIONARY LANGUAGE/DATA FIELDS 8.000. In General The discretionary (shaded) areas on the forms (see Appendix) depict language and data fields that are frequently included at the option of the court or law enforcement agency (with the consent of the court in which the Notice to Appeaz is to be filed). The adoption of discretionary language or data fields does not require approval from the Judicial Council. Because of limited space, not all of the discretionary language and data fields used throughout the state can be shown on the sample forms. The following are narrative descriptions of several discretionary data fields. 8.010. Bail Statement If the offense is bailable, the magistrate shall fix the amount of bail and endorse the following statement on the warrant for arrest's BAIL: The defendant is to be admitted to bail in the sum of dollars. Note: The mandatory requirement that the above statement appear on the reverse of the court's copy disrupts the processing of Notice to Appear forms in those automated courts that use the space for cash register validations, automated traffic system notations, and notes of court proceedings. These courts use a separate form when issuing a warrant for arrest. For those reasons, the warrant for arrest statement is now discretionary. 8.020. Defendant's Race/Ethnicity a) A specific data field for the defendant's "Race" or "Ethnicity" maybe added to the Notice to Appear form. The data field should be located on the same line as other physical descriptors. b) The defendant's "Race" or "Ethnicity" maybe indicated in the "Other Description" data field. • 'spec Pen. Code, ~ 815(a). 14 • c) If the defendant's "Race" or "Ethnicity" is to be indicated, the Judicial Council recommends the use of a single alpha character. Reference: California Department of Justice's Arrest and Disposition Instruction Manual. 8.030. Defendant's Thumbprint a) The defendant's thumbprint may be placed on the Notice to Appear in situations in which there is a question in the citing officer's mind as to the true identity of the defendant. The court will then have the option of comparing thumbprints in those cases where the defendant alleges that another person has committed the cited offense. b) The Judicial Council recommends that the thumbprint be placed in a one-inch square area located on the reverse of the court's copy in the lower left corner. c) It is estimated that obtaining a thumbprint in the field would require between two and three minutes. Chemically (inkless) treated thumbprint pads will cost between $6 and $20 per pad depending on the manufacture. Approximately 1,000 thumbprints can be taken from one pad. d) The thumbprint item does not appear on the Automated Traffic Enforcement System Notice to Appear. Chapter 9 PROHIBITED LANGUAGE/DATA FIELDS 9.010. Defendant's Social Security Number The defendant's social security number shall not be indicated on the Notice to Appear, unless the social security number is also the driver license number and/or the defendant holds a commercial driver license. To protect an individual's civil rights, federal statutes allow a very restricted combpulsory use of a person's social security number for the purpose of establishing identity.3 Federal statutes do permit an agency having administrative responsibility for driver license and motor vehicle registration laws to use a person's social security number to establish that person's identity as it relates to the laws within the agency's~urisdiction.37 The California Department of Motor Vehicles requires an individual to disclose his or her social security number in order to obtain a commercial driver license.38 A number of other states use the individual's social security number as the driver license number. 36Per Public Law 93-579, § 7. "Per 42 USC § 405, (c)(2)(c)(i)-(iv). 'aPer Veh. Cade, § 12801. 15 Attachment 4 Jonef6en wifEwer WAY d u y d~ Ld\ ~ ~[u~a1V, Irl'~ William P. Perkin 147 SOUTH RIVER STREET, SUITE 221 SANTA CRUZ, CALIFGRrnA 95060 - TELEPHONE: f831) 429-4055 FACSIMILE: (831) 429_4057 tl-T'lAIL: otlia@wittwerper~in.com January 8, 2003 Steve Prosser Code Enforcement Officer City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Citation Form llear Steve: At your request, I have reviewed the Citation Form being submitted to the City Council for its approval. This is to advise you that I have approved that Citation Form as to its form and content. Please do not hesitate to call if you have any questions or require any further information on this matter. Sincerely, Jonathan Wittwer PARALEGAL • Jsna I2ineldi SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 ORIGINATING SUBJECT: Resolution AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: Hazardous Vegetation of a Public Nuisance By Removal of RECOMMENDED ACTION: Open public heazing; close public hearing; adopt resolution. REPORT SUMMARY: The attached resolution represents the second step in Sazatoga's hazardous vegetation abatement program administered by the County Fire Marshall. The County has sent owners of the parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. A representative from the. County Fire Mazshall's Office will be attending the meeting to answer any questions Councilmembers may have on this topic. FISCAL IMPACTS: None to the City. County recovers its costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the Caunty will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None. FOLLOW UP ACTION: Upon adoption, the County will begin abatement. ADVERTISING, NOTICING AND PUBLIC CONTACT: • A Notice of Public Hearing was published in the Saratoga News on January 1, 2003 as required by law. The County mailed notices to all of the affected property owners. ATTACHMENTS: Attachment A -Resolution RESOLUTION N0.03- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS WHEREAS, the Saratoga City Council has declared hazazdous vegetation growing on certain properties to be a public nuisance by Resolution No. 02-090 adopted December 4, 2002; and WHEREAS, the County Fire Mazshal did give notice to all property owners of land on which hazazdous vegetation which have been declazed a public nuisance aze growing; and WHEREAS, a public hearing on said notice was held on January 1, 2003; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE, IT IS ORDERED that the County Fire Mazshal shall cause the abatement of hazardous vegetation as designated by resolution dated December 4, 2002, by having said vegetation destroyed or removed, and any property owner shall have the right to destroy or remove such weeds himself or herself, or haue the same destroyed or removed at his or her own expense, provided that such vegetation shall have been removed prior to the arrival of the County Fire Mazshal or his authorized representative to remove them. The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regulaz meeting held on the 15th day of January 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk n LJ County of Santa Clara Environmental Resources Agency Fire Marshal's Office -Santa Clara County Fire Department County Government Center, East Wing 7o west Redding Street. 7th Floor San Jose. California 95 1 10-1 706 (408) 299-5760 FAX 279-5537 December 6, 2002 Ms. Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: 2003 Hazardous Vegetation Management Program Commencement Report Dear Ms. Boyer: T'he Hazardous Vegetation (Weed) Management Program Commencement Report for the 2003 season is attached. It lists properties located within the City of Saratoga's jurisdiction, which have been identified as potentially having hazardous vegetation or debris issues. These are the properties that have been have placed on the Program for inspection and possible abatement if the property owner does not accomplish the requisite fire hazard clearance. All property owners will be properly notified by mail of the City's upcoming hearing, and given program guidelines and information to assist them in compliance with the Minimum Fire Safety Standards required by your Municipal Code. u A copy of the letter to property owners, Notice of Public Hearing and Program Schedule, and our informational brochure will be provided along with an Affidavit of Mailing for your records as soon as the mailing goes out. Feel free to call me at (408) 299-5769 if you have any questions. Thank you. Sincerely, ~~~~ ~.. Debbie Craver Program Coordinator Hazardous Vegetation Management Program Attachments Board of Supervisors: Donald F Gage. Blanca Alvarado. Pete McHugh. James T Beall. 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San lOSe. C211fornia 95 1 10-1 705 (408) 299-5760 FAX 279-5537 Receipt for Hazardous Vegetation Management Program Commencement Report It is necessary for the Santa Clara County Fire Marshal's Office to receive a signature acknowledging receipt of the 2003 Hazardous Vegetation Commencement Report for the City of Saratoga. Because this material is dated and subject to legal posting and/or publication requirements, we ask that the list be delivered to the proper person immediately. We also request that this list be removed from pubic view once the Public Hearing has concluded. Please feel free to call the Hazardous Vegetation Management Program Coordinator, Debbie Craver at (408) 299-5769 if you have any questions. Thank You. _~ Signature X~C~u ~~~ ~~~ Name Br Title~~ Z,~ ~ ~`~'t' l ~1 ' ~ (;~ ~v~z~r (Please Print) \_J Board of Supervisors: Donald F. Gage. Blanca Alvarado, r'ete Mc1-IUgh. James T. Beall. Jr.. Liz Kniss ~ County Executive: Richard wiuenberg ,o„ SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: January 15, 2003 CITY MANAGER: ~°-~~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Second Reading of Ordinance Adopting and Amending the 2001 Edition of the California Fire Code and 2000 Edition of the Uniform Fire Code RECOMMENDED ACTION: 1) Conduct public hearing on proposed ordinance adopting and amending the 2001 California Fire Code and the 2000 Uniform Fire Code; 2) Approve motion to waive the second reading of the ordinance; and 3) Approve ordinance. STAFF REPORT At the City Council meeting on December 18, 2002, the City Council introduced an ordinance adopting and amending the 2001 California Fire Code and, to the extent that it does not conflict with the California Fire Code, the 2000 Uniform Fire Code. The effect of the ordinance is described in the staff report for the December 18, 2002 meeting. Pursuant to Section 50022 of the Government Code, the City Council read the title of the ordinance and the title of the Code to be adopted by reference. After the first reading, the City Council directed the City Clerk to schedule a public hearing on the ordinance. The City Clerk scheduled the hearing for January 15, 2003, and published notice of the hearing in the Saratoga News for two successive weeks. Section 17958 of the Health and Safety Code permits the City to amend the requirements of the California Fire Code where the City fords that the amendments are reasonably necessary because of local climatic, geological, or topographical conditions. At the City Council meeting on December 18, the City Council adopted a resolution finding that the amendments to the 2001 California Fire Code included in the ordinance are reasonably necessary because of local climatic, geological, or topographical conditions. Pursuant to A J Section 17958.5 of the Health and Safety Code, a copy of the resolution has been filed with the California Building Standards Commission: Ordinazily, a second reading matter would be placed on the consent calendar. However, where the City Council proposes to adopt a code by reference, section 50022.3. of the Government Code requires the City Council to conduct, a public hearing on the ordinance no eazlier than two weeks after the ordinance is introduced. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. Notice of the proposed adoption of the ordinance was published for two successive weeks in the Saratoga News. In addition, building trade publications have been announcing the pending uniform codes for the past several years. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Discussed above. ATTACHMENTS: Draft Ordinance; Staff Report for Draft Ordinance for December 18, 2002 City Council Meeting 2 ORDINANCE AN ORDINANCE ADOPTING THE 2001 CALIFORNIA FIRE CODE AND THE 2000 UNIFORM FIRE CODE WITH MODIFICATIONS FOR LOCAL CONDITIONS THE CITY COUNCII, OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Health and Safety Code Section 18938 makes the Califomia Fire Code, as published in the Califomia Building Standards Code by the California Building Standazds Commission ("Commission") pursuant to Health and Safety Code Section 17922, applicable to all occupancies throughout the state, effective one hundred eighty days after publication or at a later date established by the Commission. Pursuant to Health and Safety Code Section 18938, the 2001 edition of the Califomia Fire Code became effective in the City of Saratoga on November 1, 2002. B. Health and Safety Code Section 17958 permits the City of Sazatoga to amend the requirements of the Califomia Fire Code where the City finds that the amendments are reasonably necessary because of local climatic, geological, or topographical conditions and the amendments and findings are filed with the Commission. C. The City has found that the amendments to the California Fire Code which are set forth in this ordinance aze reasonably necessary because of local climatic, geological, and topographical conditions. The City has submitted a copy of the amendments and the City's findings supporting the amendments to the the Commission. D. Section 2.1 of this ordinance amends section 16-20.010 of the City Code to adopt by reference the 2001 California Fire Code and the 2000 edition of the Uniform Fire Code, to the extent that the Uniform Fire Code is not in conflict with the California Fire Code. E. Section 2.2 of this ordinance amends sections 16-20.020, 16-20.030, 16-20.040, 16- 20.050, and 16-20.055 to revise the limits of areas of the City in which the storage or certain dangerous items is prohibited F. Section 2.3 of this ordinance amends various existing sections of the City Code and adds new sections to the City Code to amend the California Fire Code and the Uniform Fire Code to address local climatic, geological, and topographical conditions. Section 2. Adoption. Section 2.1. Adoption of California Fire Code and Uniform Fire Code. Ordinance No. Section 16-20.010 of the Sazatoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam I ;text deleted by this ordinance is indicated in strikeout font (exax3gle). 16-20.010 Adoption of the California Fire Code. The 2001 California Fire Code (Uniform Fire Code 2000 Edition as comroiled and roublished by the Western Fire Chiefs Association. Inc. and amended by the State o ~alifornial is hereby referred to and. extent as to additions, deletions and amendments hereinafter noted. is hereby adopted and made a mart hereof. the same as if fully set forth in this Article. The Uniform Fire Code 2000 Edition includine Annendix Charoters I-C II-A, II-B. II-I. II-J, III-A, III-B, III-C, III-D. IV-A, V-A, VI-A, VI-B. VI-C, and VI-J. is hereby refereed to and. except as to additions. deletions and amendments hereinafter n ted, is hereby adopted and made a Hart hereof, the same as if fully set forth in this Article. to the extent that it is not amended by or in conflict with the 2001 California Fire Code. The California Fire Code and Uniform Fire Code as adoroted herein are hereinafter referred to collectively as the "Fire Code".T'-°~° ~°'•°~^w° °-'^«.°,, >,° ~,.,.'"'*° ..F °^-°.,.,.^ > > 11-~II-I; H-d;~I-t~, rrr nom, ~.'~",TI ATI l~~I~;-and-tl~-i3rii€c~rrn-)y-i~e Cede-$tartdarQ~ 1L.°«.,..C n«.7 st.., ...1.,.1° FI.....,...F /N,n L':«.. l~...7..\ «.1 ., °«~ .....1. «,...t:..«.... >^ 1..,~°:«..A°.. .7.,1°t°.] .«...7: F.^.7 .. °«.7°.1 i... tl,:.. l~l.n«t°~ n«.7 ti.° .. n.7..«}°.7 ..«.i > > f > J f ~'^a^ °°''•^ ~~~• ^°O°~°'^^°. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the Fire Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the Califomia Building Standazds Commission, or will be filed prior to anuarv 15.2003 T•^°'~y-~°m. In accordance with California Government Code Section 50022.6, at least one true copy of the Fire Code has been on file with the City Clerk since November 20.2002 r••'~~ 'z9~. While the ordinance codified in this Article is in force, a true copy of the Fire Code shall be kept for public inspection in the office of the City Building Official and the r~ty-Fire Chief. A reasonable supply of the Fire Code shall be available in the office of the City Clerk for public purchase. Section 2.2. Designation of Locations for the Storage of Dangerous Items. Section 2.2.1. Section 16-20.020 of the Saratoga City Code is hereby amended as shown below. Ordinance No. . Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (e~atxple). 16-20.020 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is prohibited, are hereb established as all locations within the city limits of the City of arato a,.v.,.° r:...«w^t ^ °..;a°.,.:°, ° °°.°a ° :^, ,. Section 2.2.2. Section 16-20.030 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-20.030 Establishment of limits in which storage of liquefied petroleum gases gasses is prohibited. The limits referred to in Section 8204.2 of the alifomia Fire Code, in which storage of liquefied petroleum gas is restricted, are hem established as all locations of the City that are residential or congested commercial azeas °°^°°' F - ^^^^'~~° °°M~~°° °'^'~^^°. . Exceptions: Portable containers for temroorarv heatineand/or cookine uses are permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueline Portable or mobile LGP containers are permitted only as aronroved by the chief on a case by case basis. Section 2.2.3. Section 16-20.040 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex-a~r~ple). 16-20.040 Establishment of limits of districts in which the storage of explosives and blasting agents is te-be-prohibited. The limits referred to in Section 7701.7.2 of the California Fire Code, in which the storage of explosives and blasting agents is prohibited, aze hereby established as all locations within the City limits of the City of Saratoga. Section 2.2.4. Section 16-20.050 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (exarnple). 16-20.050 Establishment of limits of districts in which the storage of compressed u Ordinance No. natural gas is te-be prohibited. • The limits referred to in Section 5204.5.2 of the nif rm Fire Code, in which the storage of compressed natural gas is prohibited, are here established as all locations of the City that are residential °~ ^°~°°^'°a -°m~^~^~^' ^-^^° cations for the storage and/or dispensing of compressed natural gas in commercial areas shall be as aonroved by the chief on a case by case basis Section 2.2.5. Section 16-20.055 is hereby added to the Saratoga City Code, to read as follows: 16-20.055 Establishment of limits of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited. The limits referred to in Section 3-1.5 of the Uniform Fire Code Standard 80-3 in which the storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as all locations of the City of Saratoga that are residential or congested commercial azeas, as determined by the Chief. Section 2.3. Amendments to the California Fire Code and the Uniform Fire Code. Section 2.3.1. Section 16-20.015 is hereby added to the Saratoga City Code, to read as follows: 16-20.015 Fire Department and Chief. Fire protection is provided in the City of Saratoga by the Santa Clara County Fire Department and the Saratoga Fire Department. As used in the Fire Code, "fire department" refers to the fire department that provides fire protection to the relevant location, and "chief' refers to the chief of that fire department. Section 2.3.2. Section 16-20.070 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex-arxple). 16-20.070 Section 103.4.7 added concerning abatement of hazard. Section 103.4.7 is added to read as follows: 103.4.7 Abatement of Hazard. (a) The maintenance of real property in violation of this code, or of any order of the Fire Department 13istriet pursuant hereto, is declared to be a public nuisance and is subject to abatement in accordance with Article 3-15 of the Sazatoga Municipal Code. 4 Ordinance No. • (b) Notwithstanding paragraph (a) of this Section, if real property is maintained in violation of this code or any order of the Fire Department District pursuant hereto and such violation constitutes, in the opinion of the Fire Chief, a fire hazard of such a nature that immediate action is required to protect the public health, safety and welfare, the Fire Deuartment 13ist~eE may apply the emergency nuisance abatement procedure set forth in Article 3-20 of the Saratoga Municipal Code and take all necessary and immediate steps to abate the hazard without prior notice to the owner or occupant of the property. In such an event, the Fire Chief shall perform the duties of the City Manager as described in said Article 3-20. (c) The cost of any abatement maybe collected through the levy of a special assessment in accordance with the applicable provisions of Article 3-15 or Article 3-20 of the Saratoga Municipal Code. Such procedure is not intended to be exclusive and the City or the Fire Denarhnent Distfist may simultaneously or successively, exercise any other rights and remedies provided by law. Section 2.3.3. Section 16-20.080 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (examgle). 16-20.080 Section 105.2.1.1 added concerning permit fees. Section 1052.1.1 is added to read as follows: 105.2.1.1 Permit Fees. The Council may, by resolution, establish a schedule of fees to be charged and collected by the City for the issuance of any such permits required under the provisions of this code and for the checking and inspecting services relative to these provisions. A copy of such fee schedule shall be maintained in the office of the Buis fficial C_'_~ Fo?~°°r°°r and such other locations as maybe deemed necessary for public inspection. Section 2.3.4. Section 16-20.085 is hereby added to the Saratoga City Code, to read as follows: 16-20.085 Section 105.8 c.7 amended concerning permits for compressed gases. Section 105.8 c.7 is amended to read as follows: c.7. Compressed gases. To store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105-A, to install any piped distribution system for compressed gases, or to install anon-flammable medical gas manifold system. A permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system. • Ordinance No. EXCEPTIONS: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. 3. Inert and simple asphyxiants at or below the amounts listed in Table 105-A. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 8001.13. This 30-day period may be waived by the chief if there aze special circumstances requiring such waiver. Section 2.3.5. Section 16-20.086 is hereby added to the Saratoga City Code, to read as follows: 16-20.086 Section 105.8 c.9 amended concerning permits for cryogens. Section 105.8 c.9 is amended to read as follows: c.9. cryogens. Except where federal or state regulations apply and except for fuel systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed in Table 105-B, or to install a cryogenic vessel or piping system for the storage or • distribution of cryogens. See Article 75. Section 2.3.6. Section 16-20.110 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam ]e ;text deleted by this ordinance is indicated in strikeout font (ex-arrtple). 16-20.110 Section 105.8 i.l added concerning institutions dal. i.l. Institutions fastitutienel. To operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institution shall be, but is not limited to: hospitals, children's home, home or institution for insane or mentally retazded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, residential care homes for the elderly, out of home placement facilities, halfway house, and day care nurseries or similar facility of any capacity. Section 2.3.7. Section 16-20.120 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (ex-arxgle). 16-20.120 Section 105.9 added concerning permit fees. Ordinance No. Section 105.9 is added to read as follows: 105.9 Permit Fees. For activities within the area served by the Santa Clara County Fire Department. fees Fees shall be paid to that tlie4~ire Department in accordance with the fee schedule established by the department. For activities within the area served by the Sazato~a Fire District. fees shall be naid to that District in accordance with the fee schedule established by the District. as-€elle~ onies of the annlicable fee schedules shall be available for public inspection. The fee schedule established by the Santa Clara County Fire Denarhnent is as follows: ONE TIME FEE 1. Pennit fees and plan review fees for fire hydrant systems, fire extinguishing systems, fire alarm systems shall be charged in accordance with Section 107 of the Building Code. For the purposes of determining the fee amount, the total valuation shall be limited to the value of the system for which the permit is bein issued. 2. Additional reins ections $30.00 each 3. Tents in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. $85.00 or for each ermit 4. Job site consultation as determined by the Fire Chief $50.00 Man Hour/1 Hour Minimum ANNUAL FEES 1. Institutional ermits A. Over 50 ersons $115.00 B. More than 6 ersons $85.00 2. Da Caze Facilities More than 6 clients $40.00 3. Places of Assembl A. 50-300 ersons $60.00 B. Over 300 ersons $100.00 Section 2.3.8. Section 16-20.125 is hereby added to the Saratoga City Code, to read as follows: 16-20.125 Section 219-R amended concerning the definition of refrigerant circuit. Section 219-R is amended to insert a definition of refrigerant circuit, to read as follows: 7 Ordinance No. REFRIGERANT CIRCUIT shall consist of all portions of a system that contain . refrigerant. Section 2.3.9. Section 16-20.126 is hereby added to the Saratoga City Code, to read as follows: 16-20.126 Section 902.5 added concerning access control devices. Section 902.5 is added to read as follows: 902.5 Access Control Devices. When access control devices including bazs, grates, gates, electric or magnetic locks or similar devices which would inhibit rapid fire department emergency access to the building are installed, such devices shall be as approved by the chief. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Article 12 for exiting. Section 2.3.10. Section 16-20.140 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (exatxgle). 16-20.140 Section 1003.1.2 amended concerning standards. Section 1003.1.2 is amended to read as follows: 1003.1.2 Standards. Fire extinguishing systems shall comply with the Building Code. Fire sprinkler systems required by the Building Code or Fire Code, as herein amended, shall be installed in accordance with National Fire Protection Association (NFPA) Standards, as referenced in the Building Code, and Fire Department Standards. EXCEPTIONS: 1. Automatic fire-extinguishing svstems not covered by the B ilding Code shall be aronroved and installed in accordance with anroroved standards. 2. Automatic sprinkler svstems maybe connected to the domestic water-sunroly main when arororoved by the building official. provided the domestic water suunnly is of adequate pressure. caroacity and sizing for the combined domestic and s rinkler requirements. In such case. the sprinkler svstem connection shall be made between the roublic water main or meter and the building shutoff valve. and there shall not be intervening valves or connections. The fire department connection may be omitted when arororoved. Ordinance No. 3 Automatic sprinkler svstems in Group R Occupancies four stories or less may be in accordance with the Buildin¢ Code requirements for residential sprinkler svstems. (See UBC Standard 9-3.1 Section 2.3.11. Section 16-20.145 is hereby added to the Saratoga City Code, to read as follows: 16-20.145 Section 1003.1.3 added concerning monitoring of fire extinguishing systems. Section 1003.1.3 is added to read as follows: 1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems. When a fire alarm system or fire sprinkler monitoring system is installed in a building, the system shall monitor all fire extinguishing systems including, but not limited to, commercial kitchen extinguishing systems, clean agent systems, CO2 systems, dry chemical and foam systems. When a fire alarm system is installed, activation of any fire extinguishing system shall send an alarm signal to the system control panel and initiate the alarm signaling devices. Section 2.3.12. Section 16-20.146 is hereby added to the Saratoga City Code, to read as follows: 16-20.146 Section 1003.2.2 amended concerning fire flow. The title and first sentence of section 1003.2.2 are amended to read as follows: 1003.2.2 All Occupancies. An automatic sprinkler system shall be installed in all occupancies, as follows: Section 2.3.13. Section 16-20.150 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-20.150 Section 1003.2.2, item 6, added concerning fire flow. Section 1003.2.2, item 6 is added to read as follows: 6. In all new buildings where the fire flow for the building, in accordance with Appendix lII-A, exceeds 2,000 gallons per minute or; the buildine is three (3) or more stories in height; or the floor area exceeds 10,000 square feet. Section 2.3.14. Section 16-20.170 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (exan3ple). C~ Ordinance No. 16-20.160 Section 1003.2.2, item 7, added concerning fire flow. Section 1003.2.2, item 7, is added to read as follows: 7. Throughout Ix all existing buildings when modifications are made that increase the fire flow, in accordance with Appendix III-A, to more than 2,000 gallons per minute, or increase the number of stories to three (3) or more, or increase the floor area to more than 10,000 square feet. Section 2.3.15. Section 16-20.165 is hereby added to the Saratoga City Code, to read as follows: 16-20.165 Section 1003.2.2, items 8 and 9, added concerning fire flow. Section 1003.2.2, items 8 and 9, are added to read as follows: 8. In all new buildings located in the designated Hazardous Fire Area. EXCEPTION: Accessory structures to single family residences that aze 500 squaze feet or less. 9. Throughout all existing remodeled buildings located in the designated Hazardous Fire Area. EXCEPTION: When additions of 500 square feet or less are made to the original permitted structure. Section 2.3.16. Section 16-20.170 of the Saratoga City Code is hereby deleted. Section 2.3.17. Section 16-20.185 is hereby added to the Saratoga City Code, to read as follows: 16-20.185 Section 1109.3.1 added concerning portable fueled open-flame heating appliances. Section 1109.3.1 is added to read as follows: 1109.3.1 Portable Fueted Open-Flame Heating Appliances. Portable fueled open- flame heating devices are prohibited except as approved for use by the chief. Section 2.3.18. Section 16-20.186 is hereby added to the Sazatoga City Code, to read as follows: 16-20.186 Section 1303.4.4 added concerning cabinets for emergency plans. 10 Ordinance No. . Section 1303.4.4 is added to read as follows: 1303.4.4 Cabinets. In large commercial, industrial or residential complexes the chief may require the Emergency Plan and the Hazardous Materials Management Plan to be in locked cabinets at an approved location. Section 2.3.19. Section 16-20.190 of the Saratoga City Code is hereby deleted. Section 2.3.20. Section 16-20.195 is hereby added to the Saratoga City Code, to read as follows: 16-20.195 Section 5202.3.7.1 amended concerning protected aboveground tanks. Section 5202.3.7.1 is amended to read as follows: 5202.3.7.1 Size. Primary tanks of protected aboveground tanks shall not exceed a 2,000- gallon individual or 6,000-gallon aggregate capacity. Tank installations having the maximum allowable aggregate capacity shall be separated from other installation of protected tanks by not less than 100 feet (30 480 mm). Section 2.3.21. Section 16-20.196 is hereby added to the Saratoga City Code, to read as follows: 16-20.196 Section 6301 amended concerning refrigeration systems. Section 6301 is amended to read as follows: SECTION 6301 -SCOPE Refrigeration unit and system installations having a refrigerant circuit containing more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See Appendix VI-J for refrigerant group descriptions. See also Sections 8001.1.2 and 8002. EXCEPTION: The chief is authorized to exempt temporary or portable installations. Section 2.3.22. Section 16-20.197 is hereby added to the Saratoga City Code, to read as follows: 16-20.197 Section 6303 amended concerning refrigeration definitions. Section 6303 is amended to read as follows: SECTION 6303 -DEFINITIONS For definitions of IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH), 11 Ordinance No. LOWER FLAMMABILITY LIMIT (LFL), PERMISSIBLE EXPOSURE LIMIT (PEL), REFRIGERANT and REFRIGERANT CIRCUIT, see Article 2. For refrigerant groups, see Appendix VI-J. Section 2.3.23. Section 16-20.198 is hereby added to the Saratoga City Code, to read as follows: 16-20.198 Section 6404.6 amended concerning battery system ventilation. Section 6404.6 is amended to read as follows: 6404.6 Ventilation. Ventilation shall be provided in accordance with the Mechanical Code and the following: 1. The ventilation system shall be designed to limit the maximum concentration of hydrogen to 1.0 percent of the total volume of the room in accordance with nationally recognized standards, or 2. Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per square foot of floor area of the room. Failure of the ventilation system shall initiate a local alarm and transmit a signal to a constantly attended station or automatically disengage the charging system. Section 2.3.24. Section 16-20.200 of the Saratoga City Code is hereby amended as shown below. Text inserted by this ordinance is indicated in double-underlined font exam le ;text deleted by this ordinance is indicated in strikeout font (example). 16-20.200 Section 7902.2.2.1 amended concerning above ground tanks. Section 7902.2.2.1 is amended to read as follows: 7902.2.2.1 Locations where aboveground tanks are prohibited. The storage of flammable or combustible'''°°~ T, TT °~a TTT ^ liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. pe.:• ~ittcd c ply ~~ '^^°'~^r° ~^' ~~°'•~'~~'^a'~-• ~'-~~ ....,t:.,°..°° ,. ^.ti,^~..;..° ., .°a t....t.° mot,:°r °..a ..>,°n t_° :.....°tt°a °° c tt,....°. ..,........., .., .,, .,~ .,~...a , EXCEPTIONS: 1. Double-wall steel aboveground tanks maybe used for the storage of C=""^ TT'~^°~a°, ~^^'••a~~^ ~^•°°•~°' diesel fuel storage-tarilc~ for o~wer generators or fire pumps -•,.~ where approved by the chief. The tanks shall listed and limited to °^ ;~a:°~a°°' °- °^^-^^°~^ a capacity of 660 gallons. mks Such tanks shall be located a minimum of ten (10) feet from any building ..:.d w a .............. cf ~: • ^'•• ~'^"'°°' ~^ ^•*•• or propertv line of a propertv 12 Ordinance No. • which is or can be built upon, unless protected by a two-hour (2-hourl fire resistive wall. without openings, that extends not less than 30 inches above and to the sides of the tank. 2. Protected aboveground storage tanks maybe used for storing to-stare diesel fuel ase~l-te for power generators or fire pumps and where approved by the chief. Such tanks shall not exceed 4,000 gallons individual capacity or 16,000 gallon aggregate capacity. T°«v~ °w°n ~.° ;,,~«°n°a : °,-a°,,,.° ...:.w n....°.,a;., n v ., --~°~a°-' ~°-*"~° °°-'°. Tanks with capacities of 661-4,000 gallons shall be located a minimum often (101 feet from anv building and fifteen (151 feet from a property line of a property which is or can be built upon. unless protected by a two-hour (2-hour) fire resistive wall, without openings, that extends not less than 30 inches above and to the sides of the tank. 3. When approved by the chief. The °'°-°^° ^°°'°°^ T °.,a TT'~^,,;a.. ~~ ~^*°°'°a aboveground storage tanks may be used for dispensing fuel for motor vehicles is . Such tanks shall be installed and maintained in accordance with Article 52 ^^^°.,a:., TT ° °° °m°^a°a''° *w~° °^a° Section 2.3.25. Section 16-20.205 is hereby added to the Saratoga City Code, to read as follows: • 16-20.205 Section 7904.2.5.4.2 amended concerning above ground tanks. Section 7904.2.5.4.2 is amended to read as follows: 7904.2.5.4.2 Locations where aboveground tanks are prohibited. The storage of flammable or combustible liquids in aboveground tanks is prohibited within the limits established bylaw as the limits of districts in which such storage is prohibited. EXCEPTION: Aboveground tanks may be used for storage of flammable or combustible liquids to the extent allowed by Section 7902.2.2.1, Exceptions 1-3. Section 2.3.26. Sections 16-20.210 and 16-20.220 of the Saratoga City Code are hereby deleted. Section 2.3.27. Section 16-20.225 is hereby added to the Saratoga City Code, to read as follows: 16-20.225 Section 8202.1, third paragraph, amended concerning liquefied petroleum gases (permits and plans). Section 8202.1, third paragraph, is amended to read as follows: 8202.1 Permits and plans. 13 Ordinance No. Where a single container has a water capacity equal to or greater than 125 gallons or multiple containers have an aggregate water capacity equal to or greater than 250 gallons, the installer shall submit plans for such installations. Section 2.3.28. Section 16-20.226 is hereby added to the Saratoga City Code, to read as follows: 16-20.226 Article 86 deleted concerning fire protection plan urban-wildland interface areas. Article 86 is deleted. Section 3. Severance Clause. Each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 18th day of December 2002, and was adopted by the following vote following a second reading and noticed public hearing on the 15th day of January 2003: AYES: NOES: ABSENT: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: 14 Ordinance No. CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY • 15 Ordinance No. RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA FIRE CODE ADOPTED BY REFERENCE IN THE SARATOGA CITY CODE WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Fire Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the state and effective one hundred eighty days after publication by the Califomia Building Standards Commission ("Commission"), or at a later date established by the Commission; and WHEREAS, Health and Safety Code Section 17958 permits cities to amend the requirements of the California Fire Code in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Fire Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and • WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, the City Council of the City of Sazatoga (the City Council) has adopted by reference the provisions of the California Fire Code; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Fire Code set forth in Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and find that the changes to the provisions of the California Fire Code set forth in Exhibit • A are reasonably necessary because of local climatic, geological, or topographical • conditions in accordance with Health and Safety Code Section 17958.7; and BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. PASSED, APPROVED AND ADOPTED this day of December 2002, by the following votes. AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK • 2 • EXHIBIT A FINDINGS REGARDING LOCAL CLIMATIC, GEOGRAPHIC, AND GEOLOGICAL CONDITIONS IN THE CITY OF SARATOGA The City of Saratoga is situated adjacent to active earthquake faults capable of producing substantial seismic events. These are the San Andreas fault and secondary faults known as the Berrocal and Shannon fault systems. Since the City is divided by a major freeway, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies if one or more overpasses and/or underpasses were to collapse or if the vertical movement of some roadways were to render surface travel unduly difficult or impossible. Other emergencies that could occur as a result of a seismic event in the City of Saratoga include: fires caused broken gas mains, people requiring rescue from collapsed structures, and many people requiring first aid or other medical attention. In addition, the City of Saratoga experiences low humidity, high winds and warm temperatures during the summer months, creating conditions which are particularly conducive to the ignition and spread of grass, brush and structure fires. The remoteness and steepness of hillside areas in many parts of the City significantly impacts the ability of emergency responders to extinguish or control wildland or structure fires. Therefore, specific measures are necessary to mitigate these conditions and minimize the risks to persons and property due to potential response delays and difficulties. These mitigations include automatic fire suppression systems, additional fire hydrants, detection/alarm systems, limitations on the amount and method of storage for flammable liquids and other safety controls. hi light of the foregoing local conditions, the following amendments to the California Fire Code are reasonably necessary to protect life and property in the City of Saratoga due to the potential for local and regional catastrophic seismic events or wildland fires: Section 103.3.2.4 Final Inspection Section 103.3.2.4 is added to the Califomia Fire Code, to read as follows: 103.3.2.4 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certificate of occupancy maybe granted until the Fire Department issues notice of . final clearance to the Building Department. Section 103.4.7 Abatement of Hazard Section 103.4.7 is added to the California Fire Code, to read as follows: 103.4.7 Abatement of Hazard. (a) The maintenance of real property in violation of this code, or of any order of the Fire Department pursuant hereto, is declared to be a public nuisance and is subject to abatement in accordance with Article 3-15 of the Saratoga Municipal Code. (b) Notwithstanding paragraph (a) of this Section, if real property is maintained in violation of this code or any order of the Fire Department pursuant hereto and such violation constitutes, in the opinion of the Fire Chief, a fire hazard of such a nature that immediate action is required to protect the public health, safety and welfare, the Fire Department may apply the emergency nuisance abatement procedure set forth in Article 3-20 of the Saratoga Municipal Code and take all necessary and immediate steps to abate the hazard without prior notice to the owner or occupant of the property. hr such an event, the Fire Chief shall perform the duties of the City Manager as described in said Article 3-20. (c) The cost of any abatement maybe collected through the levy of a special assessment in accordance with the applicable provisions of Article 3-15 or Article 3-20 of the Saratoga Municipal Code. Such procedure is not intended to be exclusive and the City or the Fire Department may simultaneously or successively, exercise any other rights and remedies provided by law. Section 105.2.1.1 Permit Fees Section 105.2.1.1 is added to the California Fire Code, to read as follows: 105.2.1.1 Permit Fees. The Council may, by resolution, establish a schedule of fees to be charged and collected by the City for the issuance of any such permits required under the provisions of this code and for the checking and inspecting services relative to these provisions. A copy of such fee schedule shall be maintained in the office of the Building Official and such other locations as may be deemed necessary for public inspection. Section 105.8 c.7 Compressed Gases 2 Section 105.8 c.7 of the California Fire Code is amended as follows: c.7. Compressed gases. To store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105-A~ 'nstall any Wined distribution system for compressed Qases. or to install anon- flammablemedical gas manifold system. xx"^°~ "~° ° ~°a R =permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system. EXCEPTIONS: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. 3. Inert and simple asphyxiants at or below the amounts listed in Table 105-A. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of . compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 8001.13. This 30- dayperiod may be waived by the chief if there are special circumstances requiring such waiver. Section 105.8 c.9 Cryogens Section 105.8 c.9 of the California Fire Code is amended to read as follows: c.9. Cryogens. Except where federal or state regulations apply and except for fuel systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed in Table 105-B, or to install a crvoeenic vessel or ninine system for the storage or distribution of crvo2ens. See Article 75. Section 105.8 d.3 Day Care Facility Section 105.8 d.3 is added to the California Fire Code, to read as follows: d.3. Day care facility. To operate a business as a day care facility for more than 6 people. s Section 105.8 f.6 Fire Protectlon Systems Section 105.8 f.6 is added to the California Fire Code, to read as follows: f.6. Fire protection systems. To install, alter or change any fire hydrant system, fire extinguishing system or fire alarm system. Section 105.8 i.l Institutions Section 105.8 i.l is added to the California Fire Code, to read as follows: i.l. Institutions. To operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institution shall be, but is not limited to: hospitals, children's home, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, residential care homes for the elderly, out of home placement facilities, halfway house, and day care nurseries or similar facility of any capacity. Section 105.9 Permit Fees Section 105.9 is added to the California Fire Code, to read as follows: 105.9 Permit Fees. For activities within the azea served by the Santa Clara County Fire Department, fees shall be paid to that Department in accordance with the fee schedule established by the department. For activities within the area served by the Saratoga Fire District, fees shall be paid to that District in accordance with the fee schedule established by the District. Copies of the applicable fee schedules shall be available for public inspection. The fee schedule established by the Santa Clara County Fire Department is as follows: ONE TIME FEE 1. Permit fees and plan review fees for fire hydrant systems, fire extinguishing systems, fire alarm systems shall be charged in accordance with Section 107 of the Building Code. For the purposes of determining the fee amount, the total valuation shall be limited to the value of the system for which the permit is being issued. 2. Additional reins ections $30.00 each 4 3. Tents in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. $85.00 (or for each ermit) 4. Job site consultation as determined by the Fire Chief $50.00 Man Hour/1 Hour Minimum ANNUAL FEES 1. Institutional ennits A. Over 50 ersons $115.00 B. More than 6 ersons $85.00 2. Da Care Facilities More than 6 clients $40.00 3. Places of Assembly A. 50-300 ersons $60.00 B. Over 300 ersons $100.00 Section 219-R Refrigerant Circuit Section 219-R of the California Fire Code is amended to add a definition for "refrigerant circuit", to read as follows: REFRIGERANT CIRCUIT shall consist of all portions of a system that contain refrigerant. Section 1003.1.2 Standards Section 1003.1.2 of the California Fire Code is amended as follows: 1003.1.2 Standards. Fire extinguishing systems shall comply with the Building Code. ie,,., r rur e.,,.,,,.,_,, ~ ~ ~ Fire sprinkler svstems required by the Buildinu Code or Fire Code. as herein amended. shall be installed in accordance with National Fire Protection Association (NFPAI Standards, as referenced in the Buildine Code. and Fire Denarhnent Standards. EXCEPTIONS: 1. Automatic fire-extinguishing systems not covered by the Building Code shall be approved and installed in accordance with approved standards. 2. Automatic sprinkler systems maybe connected to the domestic water- supplymain when approved by the building official, provided the domestic water suupply is of adequate pressure, capacity and sizing for the combined domestic and sprinkler requirements. hi such case, the sprinkles system connection shall be made between the public water main or meter and the building shutoff valve, and there shall not be intervening valves or connections. The fire department connection maybe omitted when approved. 3. Automatic sprinkler systems in Group R Occupancies four stories or less maybe in accordance with the Building Code requirements for residential sprinkler systems. (See UBC Standard 9-3.) Section 1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems Section 1003.1.3 is added to the California Fire Code, to read as follows: 1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems. When a fire alarm system or fire sprinkler monitoring system is installed in a building, the system shall monitor all fire extinguishing systems including, but not limited to, commercial kitchen extinguishing systems, clean agent systems, CO2 systems, dry chemical and foam systems. When a fire alarm system is installed, activation of any fire extinguishing system shall send an alarm signal to the system control panel and initiate the alarm signaling devices. Section 1003.2.2 All Occupancies The title and first sentence of section 1003.2.2 of the California Fire Code are amended as follows: 1003.2.2 All Occupancies max,.,,... F .. r~..,,.... n n:.,: ~:,,,, ~ ,..,,t nr,,.... r r n ..............: e.. ., ~ 8eeupsneies. .,,.Y , automatic sprinkler system shall be installed i all occupancies. as follows: Section 1003.2.2, items 6-9, All Occupancies Section 1003.2.2, items 6-9, are added to the California Fire Code, to read as follows: 6. In all new buildings where the fire flow for the building, in accordance with Appendix III-A, exceeds 2,000 gallons per minute or the building is three (3) or more stories in height or the floor area exceeds 10,000 square feet. • 7. Throughout all existing buildings when modifications are made that increase 6 the fire flow, in accordance with Appendix III-A, to more than 2,000 gallons per • minute or increase the number of stories to three (3) or more or increase the floor area to more than 10,000 square feet. 8. In all new buildings located in the designated Hazardous Fire Area. EXCEPTION: Accessory structures to single family residences that are 500 square feet or less. 9. Throughout all existing remodeled buildings located in the designated Hazardous Fire Area. EXCEPTION: When additions of 500 square feet or less are made to the original permitted structure. Section 1107.3 Immersion Heaters Section 1107.3 is added to the California Fire Code, to read as follows: 1107.3 Immersion Heaters. All electrical immersion heaters used in dip tanks, • sinks, vats and similar operations shall be provided with approved over- temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided. Section 5202.3.7.1 Size Section 5202.3.7.1 of the California Fire Code is amended as follows: 5202.3.7.1 Size. Primary tanks of protected aboveground tanks shall not exceed a 2.000-eallon' ~,nnn ,.,.n,.., inc e~c r ~ individual or .000-eallon 4~AA0-ga}le~t ~' O1~'^^-T~` aggregate capacity. Tank installations having the maximum allowable aggregate capacity shall be separated from other installations of protected abevegretx~d tanks by not less than 100 feet (30 480 mm). Section 6301- Scope Section 6301 of the California Fire Code is amended as follows: SECTION 6301 -SCOPE Refrigeration unit and system installations having a refrigerant circuit containing 7 more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See Annendix VI-J *w° 1°°°w°^~°°' r°a° for refrigerant group descriptions. See also Sections 8001.1.2 and 8002. EXCEPTION: The chief is authorized to exempt temporary or portable installations. Section 6303 -Definitions Section 6303 of the California Fire Code is amended as follows: SECTION 6303 -DEFINITIONS For definitions of IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH), LOWER FLAMMABILITY LIMIT (LFL), PERMISSIBLE EXPOSURE LIMIT (PEL); axd REFRIGERANT and REFRIGERANT CIR T, see Article 2. For refrigerant groups, see Annendix VI - J tie r,r°~~=a==iaar~e. • Section 6404.6 Ventilation Section 6404.6 of the California Fire Code is amended as follows: 6404.6 Ventilation. Ventilation shall be provided in accordance with the Mechanical Code and the following: 1. The ventilation system shall be designed to limit the maximum concentration of hydrogen to 1.0 percent of the total volume of the room in accordance with nationally recognized standards, or 2. Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per square foot ~`~~Fs ge~~ of floor area of the room. Failure of the ventilation svstem shall initiate a local alarm and transmit a signal to a constantly attended station or automatically diseneaee the chareine svstem. Section 7902.2.2.1 Locations where aboveground tanks are prohibited Section 7902.2.2.1 of the Califomia Fire Code is amended as follows: 7902.2.2.1 Locations where aboveground tanks are prohibited. Storage of • flammable or combustible r'^^ liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. , SeEHerr-4~ XCEPTIONS: 1. Double-wall steel aboveground tanks may be used for t e storave of diesel fuel for Hower venerators or fire numros where annroved by the chief. The tanks shall be listed and limited to a canacity of 660 vallons. Such tanks shall be located a minimum often (101 feet fr m anv buildinv or nroroerty line of a property which is or can be buil upon. unless nrotected by a two-hour (2-hourl fire resistive wall. without oroeninvs. that extends not less than 30 inches above and to the sides of the tank. 2. Protected aboveground storave tanks may be used for storinv diesel fuel for Hower venerators or fire numros where annroved by the chief. Such tanks shall not exceed 4.000 vallons individual canacity or 16.000 eallon agvregate canacity. Tanks with capacities of 661-4.000 vallons shall be located a minimum often (101 feet from anv buildinv and fifteen (151 feet from a nronertv line of a property which is or can be built upon. unless nrotected by a two-hour (2-hourl fire resistive wall. without oroeninvs, that extends not less than 30 inches above and to the sides of the tank. 3 hen annroved by the chief. aboveground storave tanks may be used for disnensinv fuel for motor vehicles. Such tanks shall be installed and maintained in accordance with Article 52. Section 7904.2.5.4.2 Locations where aboveground tanks are prohibited Section 7904.2.5.4.2 of the California Fire Code is amended as follows: 7904.2.5.4.2 Locations where aboveground tanks are prohibited. The storage of flammable or combustible C-lasso liquids in aboveground tanks is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. , XCEPTION: Aboveground tanks may be used for storave o flammable or combustible liquids to the extent allowed by Section 7 02.2.2.1. Exceptions 1-3. • 9 • Section 8202.1 Permits and plans Section 8202.1, third paragraph, of the California Fire Code is amended as follows: 8202.1 Permits and plans. Where a single container has a water capacity equal to or ¢reater than 125 eallons .. ~ nnn ...,n,.., i~c~, , ~ ....,.o. ,. ~~~•. or multiple containers have an e a ereeate water canacity equal to or ereater than 250 eallons *~~ ..;... ,.F,.,..,~.,:,,o..,.:.. . n nnn .......... ......o. ,..,...,,.:,~. the installer shall submit plans for such installations. 10 SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~'""~G~' ~ J PREPARED BY: Lorie Tinfow DEPT HE ~'l_ _ f~ ~ SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): Accept report. REPORT SUMMARY: Budget Summary Report. The budget summary is updated at the beginning of the month for the Citizen's Oversight Committee. My next report will include the January update. Construction schedule. At time of preparation of this report, the substantial completion date continues to be February 28, 2003, and Gilbane and staff continue our review of Thompson Pacific's request for delay days. PG&E Service Connection. Previously, staff alerted Council to PG&E testing issues related to the conduit between the new transformer and the new library building. The conduit was installed as part of Phase I but when tested for clearance by PG&E in November, did not pass. The test consists of demonstrating the ability to pull a mandrel (metal cylander) of a prescribed diameter through the conduit. The mandrell must be unobstructed in order for PG&E to connect and provide electrical service. That problem was addressed by digging up and replacing the conduit. Further testing of another section of conduit that runs under Saratoga Avenue between the transformer and the street pole also failed PG&E's test. An obstruction of some kind exists approximately 30 feet from the pole. PG&E is placing responsibility for remedying this newest conduit problem with the City. Staff does not necessarily agree with PG&E's assignment of responsibility but given the critical nature of getting permanent power to the building as soon as possible, is recommending that the City proceed to correct the problem. Public Works staff will arrange for the following: 1. Dig a hole in the street at the obstructed location to determine what is causing the blockage. Fix the problem (replace the conduit, etc.) and have PG&E retest the conduit. 2, A second partial disconnected conduit also exists and to provide a backup option, we will trench from it (roughly 30ft.) to the pole to create a backup conduit for future needs. Cost is expected to be within staff authority so no additional authorization is requested. at this time. Gen-Con, Inc., Bankruptcy. Staff and Gilbane have submitted an updated statement of Phase I correction or completion tasks and corresponding costs to the Surety. To date, the costs total $154,860. The City holds $119,303 in unreleased Phase I funds. Attorney's fees for the banknzptcy through October 2002 total $17,350. FISCAL IMPACTS: Cost for conduit work will be paid for with library bond funds. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not applicable. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will continue to bring budget updates to Council at each meeting until further direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. y i SARATOGA CITY. COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: Y/--/G~-~ PREPARED BY: Lorie Tinfow DEPT HE w SUBJECT: Benches and Trash Receptacles for Saratoga Library Project RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: Six benches and two trash receptacles are included in the contract with Thompson Pacific for the Saratoga Library project. Additional benches were included in the furniture, fixtures and equipment (FF&E) budget that is separate from the bond funds. As the Library Expansion Committee Interiors Subcommittee reviewed the style selections for and numbers of each bench specified; they determined that some of the benches included in FF&E were actually fixed and therefore eligible to be paid for with bond funds. In addition, they discovered an alternate bench design that was preferred. The Subcommittee members brought their proposal for a total of 12 benches in the new style plus 2 matching trash receptacles to the full Library Expansion Committee (LEC) at the July 17 meeting for review and consideration. A preliminary cost estimate for the proposed furniture plan was $18,000. The LEC voted unanimously to7ecommend to Council that the new style be substituted for the old and six additional benches be added to the library budget. Staff originally brought this report to Council in September 2002. At that time, Council asked that the request be revisited closer to the end ofthe project to allow other needs to be identified. With just two months remaining for Phase II, few unknown costs are unlikely. In order for the benches to be in place when the building opens to the public, the benches must be ordered mid- January. Tn addition, Council members raised questions about installation and sturdiness of the new Arcata bench design. Staff has since Teamed that the preferred installation method is to attach the Arcata bench to concrete after the concrete is poured and cured. The manufacturer has also confirmed that the pedestal design is as sturdy and long-wearing as a bench with four legs. Staff requests direction on this issue. FISCAL IMPACTS: Council has a number of options from which to choose that result in an additional increase of between $0 and $19,777. If approved, a change order for the appropriate amount will be executed. As of January 2003, the library budget stands at $14,579,376. Because of the way that change requests are assigned a value and tracked, the maximum cost of $19,777 for a bench change has been included in the library budget and is part of the $14,579,376. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The new library will have six benches and two trash receptacles of the original style paid for by bond funds; the remaining six will be paid for from the privately raised and provided FF&E funds. ALTERNATIVE ACTION(S): L Maintain the bench and trash receptacle choices as is. 2. Allow six additional original style benches to be transferred to the bond budget at an additional cost of about $4385 plus shipping estimated at $500. 3. Allow the new style to be substituted for the six already in the contract at an additional cost of about $6420 plus shipping estimated at $1000. 4. Allow the substitution of the new bench style for a total of 12 benches with 2 matching trash receptacles at an additional cost of $19,777. FOLLOW UP ACTION(S): If a change is approved, staff will authorize a change order with Thompson Pacific for the appropriate amount. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional: ATTACHMENTS: • Exhibit A: website photo of "original" bench • Exhibit B: wesbite photos "new" bench and trash receptacles • Exhibit C: Copy of Thompson Pacific's Response to Request for Quotation • Exhibit D: Cost comparison table for original and new style furniture Creative Pipe, Inc. -Mirage Steel Benches Mirage Steel Benches Ever popular, simplistic and elegant design. Gentle sloping back and fore seat is both comfortable and stylish. Rock solid construction with solid bar end frames and supports. End frames are fabricated from 1"x 1" solid square bar. Page 1 of 5 ~~h, fi A OV ~p }/~Gl~ t ~, )~ ~ ~zt`. ~^ ~" za, ~.. ah 4 s w v T i4y ~ , Available with or without a back. AVAILABLE MODELS: MRBB, Mirage bench with a back; MRBLB, Backless Mirage bench. ~~~~i uobe SEAT MATERIAL OPTIONS: Flat bar slats; perforated steel sheet; SJ8" solid round bar; laser cut steel straps, horizontal laser cut flat bar, vertical laser cut flat bar, or cus- tomized laser cut or perforated steel sheet. Designate ~~-FB", '~-PS", "-RB", °-LS", ~~-HLF", °-VLF", ~~-CLS" or °- CPS" respectively for seating material after the model number. (Note: Customized bench options are not shown on this sheet). STANDARD SIZES: Standard bench lengths are 4', 6' or 8'. Designate "-4", °-6", or "-8" after the model fora 4', 6' or 8' bench respectively, i MOUNTING OPTIONS: Embedded (standard); surface flanged for bolting to existing concrete (optional). Designate "-E" or "-F" after the bench size for embedded or surface flanged bench respectively. FINISH OPTIONS: Hot-dipped galvanized; polyester powder coated; httn://www.creativepine.com/mira~e steel bench.htm 1/7/2003 Creative Pipe, Inc. -Mirage, MRT, Steel Trash Receptacle Mirage, MRT, Steel Trash Receptacle Attractive, functional and clean design made to compliment any interior or exterior space. Rugged construction with full penetrating welds throughout. Iii qet Adobe SIDEWALL OPTIONS: Perforated steel sheet; 5/8" solid round bar; laser cut steel straps, or customized perforated steel sheet. Designate "-PS", "-RB", "-LS", °-CPS" for sidewall material after the model number. STANDARD SIZES: Receptacles are available in 24 or 32gallon standard sizes (optional larger sizes are available). Designate "-24" or "-32" after the model designation fora 24 or 32 gallon trash receptacle respectively. MOUNTING OPTIONS: Surface flange mount for bolting to existing concrete (standard); freestanding; or embedded (optional). Designate °-F", "-FS", or "-E" after the trash receptacle size for surface flanged, freestanding or embedded mounting respectively. FINISH OPTIONS: Hot-dipped galvanized; polyester powder coated; stainless steel with a #4 satin finish. Designate "-G", "-P", "-SS" after the mounting option for a galvanized, powder coated, or stainless steel finish respectively. TOP OPTIONS: Flat steel top (standard); domed steel top (optional); Flat steel top with elevated canopy (optional). Designate "-F", "-DT", "-FC" after the finish option for a flat top, domed top, or flat top with a canopy respectively. ACCESSORIES: Ash urn insert for domed steel top and flat steel top with elevated canopy. Designate "-AU" after top option for optional ash urn. Similar Products http://www.creativepipe.com/mirage mrt steel trash receptacle.htm Page 1 of 4 (~ ~l'I ~ " OVt~`~~ • 1/7/2003 Landscape Forms, Benches, Chairs, Litter Receptacles, Ash Urns, Tables, Page 1 of 1 lartdsc~~eforrns'~ Kaleidoscope ..... . Benches ... , ~~Sr-,+. ,~,~ c~i coca ~ cX . Picnic Tables ~. features Litter Receptacles/Ash Urns ~, > uniijue binr~tio f c~assac and contemporary forms lastic > choo ~'~~ ~!~ ~~~:~`~~ ~S ' ~ !if cA c cled . r > more d~an~rs . y y p }. ~ i Bike Racks •.,.,...a or Polysite seat Special Products back4-tl -° ~_. . - -- _.-badkless optional arms (backed only) surface mount embedded > email News > New Products/Promotions More Details: Backless or backed styles. Backed may be with or without arms. 74in. length. Seat material may be jarrah, ipe or Polysite TM recycled plastic for exterior use; red oak, maple or jarrah for interior use only. Supportay be surface mounted or embedded. Supports and armrests are fnished with Panguard II® powdercoat. LJ Dimensions: Backless bench 17in. d x 18in. seat height x 74in. length. Backed bench, without arms 24in. d x 18in. seat height x 32in. to top of back x 74in. length Backed bench, with arms 24in. d x 18in. seat height x 32in. to top of back x 75in. length To Specify: Select Arcata Bench Choose: Backed or backless. For backed; with or without arms. Seat material (see Materials link for choices) Specify for interior or exterior use. Powtlercoat color for support. Surface mount or embedded © Landscape Forms copyright, 2002 hrm~//www.landscanefolms.cotn/cei-bin/nroddisulav.cei?prod=45&iuaram3=vrintable 1/7/2003 Landscape Forms, Benches, Chairs, Litter Receptacles, Ash Urns, Tables, Page 1 of 1 landsceneforrns~ ~:°r P~rad~c'ks ,~~{7esign?oals ~...titstal[~tE~ns?'r^ ~_ :~~C~infae~x~s~,"_i~] . > New Products/Promotions > email News 1 2 > ~r C Vew dEtal~ \l < seleCm download ~~~< selectedirrege (re-dick to deselect) J PG l~i brary ®~ ®~ arcata bench ellD CSI tlft0 INS ®~ ~~ show $. _.'~ per page ®~ ©Landscape Forms copyright, 2002 • htro://www.landscaroeforms.com/cQi-bin/iveg.cQi?iparam1=45 1/7/2003 Landscape Forms, Benches, Chairs, Litter Receptacles, Ash Urns, Tables, Page 1 of 2 ~c"tt'1C~SC~rJE-:f 0t'4'1'tS'~ t~"x~;C~?j~r ;, b~si€~n 3'gctts ;=trestanatidrns, `"-' Contact us: j > Litter Receptacles/ Ash Urns Overview > email News > New Products/Promotions < Litter Receptacles/ Ash Urns 3 of 12 > features l'?~ printable > teams with our Gretchens bench and picnic table L'J version for a coordinated look > choose wood or recycled plastic sides > top is formed of spun metal > complementary products > more details ~re~chenT'`' group 30-gallon capacity wood or Polysite spun-metal top liner included side or top opening optional sand pan freestanding surface mount LitcraYUrcJ Wteteriats Tools Ini~ges More Details r~ln,~bi~- ~ '. ItNe~'`'~i2~Sl~a~l • 30-gallon capacity litter receptacle; polyethylene liner included • Litter receptacle may be top- orside-opening • Lid constructed of 14 gauge-spun metal • Lid is permanently attached to unit with pop-up mechanism for emptying • Ash urn top: spun metal sand pan finished in Grotto (black) powdercoat. • Side panel material may be retl oak for interior usa only; jarrah or Polysite TM recycled plastic for interior or exterior use; redwood or ipe for exterior use only • Support is combination freestanding /surface mount • Metal parts finished with Panguard II®powdercoat available in standard colors • Optional powdercoat colors available for an upcharge • Coordinating benches and picnic table Dimensions • Top-opening litter receptacle: 22in. dia. x 36in. h • Side-opening litter receptace: 22in. dia. x 42in. h • Ash urn: 14in. dia. x 21 in. h • To Specify: Select Gretchen's Litter Receptacle or ASh Urn Choose • Side panel material • Powdercoat color for litter receptacle lid htM•//www landcr•~nefnt~rls.com/cei-bin/nroddisnlav.cai?inaraml=2&inaram2=10 1/7/2003 09/07.1 2002 15:33 41545_1"' "5, ~ vyts+arvr_ (:.~4+J+7 c, cs4{'F ~i2~YtS T7r T FOR. QL70TATTOIV • w Tus Thompson Pacific Cotttmuction 625 DuBoia Strcct Suite C San.Ra4aal, CA 94901 Nnfe Palms Project Name: Saratoga Library Projectl4o: 1"72995009 ztaturn To: Gilbane 13vUdiag Comparry 13648 Satatoy*a Avanuo Sarntoge, CA 45070 Change Request No: 49 bate: 7117102 Con ct No: 1828$ Itetwa By: 7131102 iBSd Paa gc No: 2 Araia/Clwner ,itCquest : ?lease su 'i a turn quotation for aay adjustment to your contract far the flalfovring chari~e: 7BvlSet p10 - Henches This change~~0~rescrns the costs associatod with changing the fype of il~gr beaches to be provided by the Phase XI conlracc. 7'hia ebange oleo adds additional beaches to the the ?'base II coraract. Please provldc the labor, material, aotl equipment for tlxc scope of work dascabcd in Field ® De N ptncecd, submit quotation Daly ^ Shop bzawings Required [] Procee 'tla woxk and subtttzt gttamtion hlo sbap Drawivga Required Rchun this quest alth your quotation noted below and atniolt all `~- Anthorired By /"iP detaiic3 -up ;`or dts change ovtltrtcd above. Yoty quotation ~ ~ -~"- ~ // will not he naidered valid vtilasa detailed back-up is included, ..-^I ~~ ~'- Faiiure toe ly wi]I result in payment delays, Date; ,,.~, ]f ,,,y j~ , ^~ Po; the ch: 7~~I an loan (' a dcorc I~' nv cha: The above days eXYCn This chanIIe the above qt TF:a51 outlioed above we of 't1 BE C~MFLET6,b 1Q ~~~~~ tv the ~onhact attptmt t~"COnMvat-a>bavnt- CON'PRACTOA ~y~ ~~ Title: ~2VJ~,.G~' ~tJCettSF.Et"~ ~gcs wt]l nccessttate additlonal ~ y ~~Z" !~ of tho original eonetugt cotupletion date. Co an : ! S u~1 AU G W si ~1'-. Date: ~, _ :reasesldscreases onr Dlsadvarstaged Bvaiitesa $nterpriae participation by the below amounts chwtfi ato included in , M ~'Q CR-49 ~ Page 1. a£ I Bench and Trash Receptacle Cost Comparison Original Bench $675 Trash Receptacle $575 Option 1 No changes to style or number of benches Additional cost for Option 1 $0 Option 2 Add six additional original style benches to library budget $4,050 tax $334 Sub-total $4,384 shipping (estimated) $500 Estimated Total for Option 2 $4,884 Option 3 Allow substitution of new style for six benches $5,250 and two trash receptacles already in the contract $680 Sub-total 1 $5,930 tax $489 Sub-total 2 $6,419 shipping (estimated) $1,000 Estimated Total for Option 3 $7,419 Option 4 Recommended by LEC 12 new style benches 2 new style trash receptacles Additional cost for Option 4 per TP Quote $19,777 EXHIBIT D New $1,550 $915 s SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ( tom-' ORIGINATING DEPT?,Cit anager CITY MANAGER: ~~ ----..~.--r .~......~...._:. PREPARED BY: -~-'%-~----~ -~ ~ DEPT HEAD: ~ ,,. F SUBJECT: 2-1-1 Information And Referral Phone Number to Serve Santa Clara County Residents and Visitors RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The Silicon Valley 2-1-1 Project is seeking the advice, cooperation and support of Santa Claza County and all I S cities in the County, to bring this 2-I-I project to all county residents. The citizens of Santa Clara County have organized a yearlong effort under the United Way Silicon Valley's leadership to plan and implement this program in Santa Clara County by January 1, 2004. Z11 is the three-digit phone number designated by Federal Communication Commission (FCC) to be exclusively used for providing information & referral for health and human services. The Implementation Team is seeking a resolution of support from city and county governments. They believe that your "support in concept" of the project will be an Important factor in building consensus. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Forward certified copy of resolution to appropriate party. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Flyer Attachment B -Draft Resolution RESOLUTION NO. 03- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING SUPPORT OF CREATING A 2-1-1 INFORMATION AND REFERRAL PHONE NUMBER TO SERVE SANTA CLARA COUNTY RESIDENTS AND VISITORS WHEREAS, the Federal Communication Commission has designated 2-1-1 as the national phone number for citizens wanting non-emergency information and referral for social and welfare services, health and mental health services, housing and shelter needs 24 hours a day and 7 days a week; and WHEREAS, 2-1-1 serves as a critical link between the public and emergency food, shelter, and other critical needs following major disasters, such as earthquakes, floods, fire, terrorism or war; and WHEREAS, 2-1-1 provides a new vehicle for civic engagement, connecting people with agencies to which they can donate their time, money or goods; and WHEREAS, 37 centers in 18 U. S. states are already using 2-1-1 successfully and meeting citizens' information and referral needs and it is projected to reach 50% of the population by year end 2005; and WHEREAS, the California Association of Information and Referral Systems (LAIRS) has petitioned the California Public Utilities Commission (CPUC) to authorize 2-1-1 statewide and to define rules governing a system that is decentralized by county; and WHEREAS, the citizens of Santa Claza County have organized a yeaz-long effort under the United Way Silicon Valley's leadership to plan and implement this program in Santa Claza County by January 1, 2004; and WHEREAS, the Silicon Valley 2-1-1 Project is seeking the advice, cooperation and support of Santa Clara County and all 15 cities in the County, to bring this 2-1-1 project to all county residents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga agree to support this program in concept, offering advice and cooperation to the 2-1-1 Steering Committee and the United Way Silicon Valley in devising a plan to implement 2-I-1 locally by January 2004. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15s' day of January 2003. Nick Streit, Mayor ro~ ;: 'v. ~: ~ ~~ ~ ~aa .. ~. nr '.:'Nn4. 2p q;~ .'w.nn.. ~ .. rii . 'q , a. ... ''7.a('/.°"F What is 2-1-1? 211 is a three-digit phone number designated by Federal Communication Commission (FCC) to be exclusively used for providing information & referral for health and human services. It is a social utility: To Give orto Get Help. Why 2-1-1 is needed? It is designed to eliminate confusion in connecting people with the essential community and public services they need. It has the added benefit of reducing non-emergency call load experienced by 911. CA Dept. of Justice estimates that 45% of all 911 calls statewide are non-emergency. Who has 2-1-1 now? 12% of US population has access to 211 through 35 local systems, including several statewide deployments. How much 2-1-1 service will cost in Santa Clam County? SV 211 steering committee is striving to achieve a cost of $1.00 per person in the county, roughly $1,7 Million per year operational cost. Who pays for 2-1-1 service? A consortium of public and private funders is being proposed. What role should the cities play in the process? Cities should participate in the design and operations process. The County and the 15 cities within in it are invited to be the members of consortium and provide pro- rata support based on population. Additional funds are being sought through private sources. What is the proposed timeframe to have 2-1-1 operational in Silicon Valley? Goal is to be operational in January 2004. Just as people dial 9-1-1 to summon police and firefighters, people will dial 2-1-1 to get the help they Veer/ ~wr .+e rcwr.~/ wrice~ 12/18/2002 `. ~' Who are 2-1-1 service development partners? A partial list includes: Santa Clara County, City of San Jose, City of Sunnyvale, City of Palo Alto, Volunteer Center, Red Cross, Goodwill, CONTACT Cares, Child Care Coordinating Council, 24x7 Teenline, Community Technology Alliance, Pacific Bell/SBC, United Way Silicon Valley. 2-1-1 Supports Disaster Response Teams • Provides initial support to first responders, e.g., Red Cross • Links victims with assistance. Provides ongoing assistance in the aftermath • Simplifies disaster preparedness plans • Multiple phone numbers, addresses, and bulletins can be filtered to the public through 2-1-1 • EOC staff is buffered from public inquires and offers of assistance • Facilitates donation of time, material goods, or money -daily and post disaster • 2-1-1 service works with disaster planning agencies, participates in disaster planning meetings and has defined roles and responsibilities Empowers the nation to respond better to large-scale emergencies 2-1-1 Role After September 11 In New York, with no 2-1-1 service, over 400 new 1- 800 hotlines were activated leading to confusion and frustration. Connecticut has 2-1-1, 95% of calls for non- emergency information (mental, health, health counseling, volunteering, donations) went to 2-1-1. In Atlanta, which implemented the country's first 2-i-1 service in 1997, 2-1-1 service was able to match people stranded at Hartsfield Airport with volunteers offering rooms. iz/is/zooz ~~~~~ Silicon Valley 2-1-1 "100 years from now people will look back on 2-1-1, not as a telephone number, but as a significantforce in creating real change in the human condition of our country. " -Dan Williams Naliorral3-l-/ Direcmr ~p~, y ~ ~,~ ~~~ GetCorriectedGelAnswers A Brief History of 2-1-1 • Atlanta United Way started 2-1-1 in 1997 to help people in need connect with health and human services. • Connecticut followed state-wide in 1998. Calls increased 40%! ! • July 2000: FCC restricted 2-1-1 for community Information & Referral nationwide. • 37 2-1-1 centers are currently operating in 18 states. 49 states have plans for 2-1-1 centers. • CPUC expected to approve for California December ~ 2003. ~~~~~ ~~"~ GMCas~cted C~tAnswerz u C~ .; ,: ~~ . .._ Benefits of 2-1-1 • 2-1-1 is easy to remember and to use • Match volunteers with agencies • Supports post-disaster response • Eliminates many misdirected calls • 2-1-1 is a COLLABORATIVE to ease public access to existing programs, NOT to replace them. ~. ~~~~~ us rc.eway /'~ UCI ~Clu'IK(Cd GP(MSWFr'S 2-1-1 Is Easy to Use • Studies show that people seeking health and human services call 7-8 agencies before finding the right one. • Many people give up and never receive the help they need. • Agencies currently answer many calls that .belong elsewhere. 2-1-1 frees agencies to concentrate on their core competencies. ~ ~~/~f~~?T~~y`~7'~' ~•~,~ UnIC~tl Way /~~~'~ sn~~a, var. UCi ~M'iC{iC~ ~iPI/~IISWPfS 2 Central Database =Central Support • Without a central database, duplication of effort abounds. 2-1-1's database supports community planning. + People who want to donate money or goods or volunteer have trouble fording the right agency. 2-1-1 can act as a community clearinghouse for good works! + Post-disaster 2-1-1 can act as an efficient Information & Referral agency for vi i s. ~ ~~~i ~d'~'~ CxlC~ra~ctedGerAnsxers ..__.._. Why Now? • Growing populations have special needs and increase demand for health and human services: . Elderly . Non-English speaking • Widespread use by 2005 or the FCC will re-evaluate exclusive use (12% now) ,.._. 2~~-~ u~nv~wYu Gel Cxexc~ed GetAnswex 3 Operations Issues • Who will ca112-1-1? • Who will answer the calls? • Who funds 2-1-1 now? • How many calls will 2-1-1 receive? • How much will it save? • How much will it cost? ~ T '' ~ ~,~ ` llnIEMYYay suKm vaar ~ (n°f Cx'dIPCfCd CCf A!lSIS('f( Who Will Ca112-1-1 ? C~ • Laid-off worker struggling to feed their families • The teenager looking for substance abuse support programs • The adult child of an elderly parent struggling to find programs to keep the parent at home • People who want to donate time, money or goods. • 52% of Atlanta's calls are for basic needs: rent/utility assistance and food. • 15% of the calls in CT are from teachers, clergy, and government officials seeking help for their clients. ~ 2~~-~ ~n, w.o.~.~. c~c~~~c~~,a~sW~s. 4 r .` Health & Human Services Examples • Basic human needs: food banks, clothing, shelters, rent assistance, utility assistance • Physical and mental health resources: health care, crisis intervention, support groups, counseling, drug and alcohol intervention and rehabilitation • Work supports: job training, financial assistance, transportation, education • Older Americans and people with disabilities: adult day care, home health, transportation, meals on wheels • Family: child care, after-school programs, family resource ~ centers, protective services ,~~~ wi~aYw.v GPt C~ ttEd GPfMsN~eti Who Will Answer the Calls 24/7? • Information & Referral professionals . Certified to meet National standards • Business hours: Call Center (85%) • Off-hours options (15% of calls): . Home-based operators . Forward to existing services ~ ~~~~~ ume.ew.y f- (`~ SACCn VY4r G:(~7fiK{[CEr (A~SWflS u • 5 t -._ J Who Funds 2-1-1 ? • Atlanta: United Way • Connecticut: 80% state, 12% United Way, and 8% other. • Texas: 50% state & 50% local 2-1-1 • Knoxville: United Way & a local hospital • Los Angeles: County, United Way • Can not be a phone surcharge like 9-1-1 • No single local agency can fund it alone ~ ~ ~,~ un w+y ziam veurv Gei Ca~xetcd CNAnsWex How Many Calls Wi112-1-1 Receive? • Depends on marketing • Expect 40,000 calls the first full year • Currently: . UWSV's First Call for Help: 3,000 . CONTACT Cares: 25,000 • Call volume generally increases over the next 3-5 years to projected 100,000 ~ ~~~'~ us iuavwu /'~ lK~ CCfdICTIc'd Ge~AnsWen 6 Wi112-1-1 Save Money? • Cost/benefit study by University of Nebraska, projected saving $7.6 to $16.5 M/year for population equal to ours (1.7M). • Source of savings: . agency call avoidance . reduced 9-1-1 calls . one call for multiple referrals . improved community planning . reduced overlapping I&R costs ~ ~~,, See full report: y((~ra: http://ppc.unl.edu/reports~ublications/211/211_Report.pdf 2 ~7~ unlt~e~a%%YYay /'~`- z<e, wxr UCICU'lKYfP~ GC1/UISNYR 2-1-1 Saves Money • 2-1-1 enhances community planning to focus resources on greatest need • Follow-up is standardized and waste is minimized • 2-1-1 encourages preventative spending rather than more expensive alternatives us i ~'~,~ Get Cx~ected C~etAnswen z \J 7 k `J How much wi112-1-1 cost here? i • Original plan for new center staffed 24/7: . Startup/capital: $432,000 . FY03-04: $425,000 . Total first year: $857,000 . Annual operating: $1,700,000 • New strategy & downsized budget will be completed 12/02. ~ 2~~-~ WJt~aw.v Gel C~s'rected Cct Msx ers Possible Mitigations to Cost • Subsidized hiring - Ca1WORKS, Title V • CONTACT Cares lead start-up • Share resources: County, San Jose Call Center, UWSV First Call for Help, 24/7 • Business and foundation support start-up • In-kind contributions and expertise ~~iiy!. ~ uM.ua>wv ~•~,~ s+~~~ vxa. G;I GCrve[ie1 Gfl.'U!SN'~S 8 What will YOU get? • Consistent, higher quality service to residents countywide that no agency can do alone • Greater citizen satisfaction with government • Information & Referral specialists who route the call to the right agency the first time • More time to do what you do best >f unRxo Way ~~ , ~'"°"v"~•• ~iCf~Q'b'IPCtfd GefMSWr~S How can YOU help? • Adopt a Council resolution supporting a collaborative approach to creating 2-1-1 locally • Support consideration of 2-1-1 in your FY03-04 budget process • Assign staff to help define ways the cost of the service can be reduced • Come to the January 16'h 2-1-1 Stakeholder Briefing • Get more information: visit www.211.orQ or email nona.tobin@uwsv.org ~~~~~ ur~u~~.aV~1M~ ~ ~"--' (~ ,, 9 i~1~~fl~~~.fl ~~~~~~~~°~~ ~~rr ~u fl ~ fl ~'~~~~~~ i2ecnnvnendedh;'thzAi!iunceoffrjorna,•rma-? rCa%erra:S!.ar:%; Rdopred by the h/et%on. i '-l-I rn-llebrrc~th~e .Nlar 5, ?G00 ®rganizations who I:eve implemented or (rave begun the process far creating and impdementing a 1- 1-d Call Center have suggested thefodlawing become national standardsjor operation: I . Ensure the provision of 24 hour coverage, year-round. 2. Ascribe to the AIRS Standards for Information & Referral. 3. Have a plan in place to become or be accredited by AIRS. 4. Utilize Certified Information & Referral Specialists and Resource Specialists. 5. Demonstrate cooperative relationships with specialized I & Rs, crisis centers, 9-l-ls and 3-1-Is, where applicable. 6. Have means of tracking call volume, number of abandoned calls, average speed of answering, average call length. Computerized I & R database with client collection capability. o. Use the AIRS/InfoLine Taxonomy. 9. Have the ability to publicize 2-1-1 services and educate the public on an on-going basis. 10. TTY and multi-lingual accessibility either on-site or access to live translation. 11. Commitment to develop linkages through protocol with appropriate clearinghouse agencies that may be able to provide services such as volunteer or donation management. 12. Ensure qualit} of service and inquirer satisfaction through appropriate follow up. 1v'6rhin 3'enrtes or t$egions w{rere mare !hart one 8 ~ .R wi!! be providirag 1-I-I services, it is recotnwaended thnt J-{-{ Centers ttnVe rhP fU110Wing: I. .An agreed upon plan to work in tandem to ensure 2-I -I service to all areas of the state or region. 2. Ability io sham resource data information. 3. Ability to track and share information on client needs and unmet needs. A. A common means of measuring outcomes for the operation of a call center. An agreed upon means of communicating with the community reNresented by the call center on requests for assistance, perceived gaps and barriers to service. ,! SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~/ ~~ PREPARED BY: DEPT HEAD: ,~-_ - SUBJECT: Fiscal Year 2003-04 Budget Development Process RECOMMENDED ACTION(S): Accept and file this report. REPORT SUMMARY: Attached is the proposed calendar for preparation of the 2003-2004 Operating Budget. Under the proposed timeline, City Council will receive the draft budget document for their May 7, 2003 meeting. During that meeting, the City Council would review the format of the budget, the assumptions which were used to develop the budget, review summary information, and revenue sources. On May 7, 2003, it is also proposed that Council would review the draft SEA and MOU agreements and provide direction for future adoption and preparation of the final budget. The City Council will conduct the second budget workshop on May 21, 2003 focusing on a detailed and thorough review of program expenditures. A public hearing and adoption of the final budget document is scheduled for June 4, 2003. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): None. A ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Proposed Budget Preparation Calendar. P -..J CouncllRpt 2 t • BUDGET PREPARATION CALENDAR Developing the Operating Budget for Fiscal Year 2003-2004 1/13/03 Finance Commission reviews budget calendar for FY 03-04. 1/15/03 City Council reviews budget calendar for FY 03-04. 2/05/03 City Council initiates LLA-1 renewal process for FY 03-04, orders preparation of Engineer's Report and appoints Attorneys. 4/16/03 City Council preliminarily approves LLA-1 Engineer's Report, schedules public heazing, and adopts Resolution of Intention. 4/16/03 or City Council receives third quarter financial report from staff. 5/7/03 5/7/03 Staff presents draft FY 03-04 budget document to City Council, and reviews format, assumptions, summary schedules, recommended staffing changes, and revenue projections. Preliminary instructions to staff on desired changes. Council reviews draft SEA and MOU agreements. Council provides direction on Employee Agreements for preparation of final budget to be adopted. 5/7/03 All Commissions review draft FY 03-04 budget document during their regular to monthly Commission meetings. (Finance Commission reviews the preliminary 5/20/03 document on 4/28 and 5/12, and with City Council on 5/13). 5/21/03 City Council holds second FY 03-04 budget workshop. Staff makes budget presentation to City Council focusing on expenditures and capital improvements. Final instructions to staff on changes. Council approves employee agreements. 6/4/03 City Council conducts budget hearing and LLA hearing, and adopts FY 03-04 operating budget. `, SARATOGA CITY COUNCIL MEETING DATE: January 15, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: O PREPARED BY: Lorie Tinfow DEPT HE Lv SUBJECT: Data Ticket Services ACTION(S): Authorize City Manager to sign the attached Amendment to our existing contract with Data Ticket to add services at an additional cost of $50.00 per month plus banking fees. REPORT SUMMARY: The City entered into agreement with Data Ticket for Code Enforcement citation management services in 1997. The range of services does not include web-based payment and information access options nor collection and deposit of funds. Currently, City accounting staff oversee collection and processing of citation payments, and residents do not have the option of paying online. Adoption of the attached amendment would add web-based access for residents to our list of services at an additional cost of $50 per month. In addition, for most clients Data Ticket collects and deposits the citation funds and they have requested to provide such services to the City at no additional cost (other than banking fees). Accounting staff would then not be responsible for managing the funds nor responding to questions about payment-residents could find out directly from Data Ticket the status of their payment either through the website or via telephone. Over the.past five years, Data Ticket has provided great service and staff is confident that the Company would manage these additional services well. FISCAL IMPACTS: The additional costs are eligible for payment from CLEEP funds (public safety technology grant funds) for FY 2002-03. If CLEEP funds are not available in FY 2003-04, existing public safety funding would be appropriate and could be budgeted. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): \% Residents would not have the additional. convenience of web-based access to payment information and staff would continue to process payments. ,~ ALTERNATIVE ACTION(S): Maintain the contract as it stands now. FOLLOW UP ACTION(S): If adopted, the City Manager will sign the amendment and staff will complete the process. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: ^ Contract amendment. ADDENDUM TO: AGREEMENT FOR PROCESSING PARKING CITATIONS DATED NOVEMBER 21, 1997 Item 1.3 Collection and Deposit of Funds shall be changed to read: The COMPANY shall collect and deposit all funds at a financial institution designated by COMPANY. The COMPANY and the PUBLIC ENTITY shall be named as joint owners of the account and all deposits shall be made directly into the account by the COMPANY on a daily basis. The COMPANY will invoice the PUBLIC ENTITY for services rendered on a monthly basis. The COMPANY will provide all reconciliation, bank deposit slips and management reports providing an audit trail for both COMPANY and PUBLIC ENTITY. The COMPANY will cut checks for state and county taxes, revenue check for the PUBLIC ENTITY and invoice check for payment to COMPANY. All checks will except COMPANY check will accompany monthly management reports and reconciliation and will be sent to PUBLIC ENTITY. There will be no additional charges for these services except PUBLIC ENTITY shall be responsible for any bank charges. The fee for Web Site access providing real time viewing and reporting on Client database, including six (6) passwords is $50.00 per month. Citizens are allowed to look-up only their individual citations and are offered a payment on-line option. PUBLIC ENTITY: City of Saratoga By: Title: Date: COMPANY: Data Ticket, Inc. By: Marjorie A. Fleming Title: Senior Vice President Date: G.1.J(iC{.~v.I CS ..- .1 ~ u.. `GC ..,.. ..._ r~8 ~ .,.-'li~_ ,~~C, .._~ ~. rr3r ....,-.i ._.._