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10-04-2000 City Council Agenda Packet
SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 DEPT: Community Development PREPARED BY: ./~. _~J . AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Response to Argonaut Shopping Center complaints. RECOMMENDED ACTION: Accept report. REPORT SUMMARY: The City Council received correspondence from a neighbor next to the Argonaut Shopping Center regarding the condition of the Center's back alley. This letter was shared with the property manager of the Center, Mollie Choate with Willis & Company, who assured staff that the concerns raised in it would be addressed. Another letter was recently sent to the Council complaining about conditions in front of Jamba Juice and Starbucks. This letter has also been forwarded to the property manager. Attached is a response from Ms. Choate outlining how her company will monitor the problems of littering and the condition of the alley expressed in the two letters forwarded to the City Council. Both Jamba Juice and Starbucks are operating under Conditional Use Permits. There would need to be a reasonably severe problem to warrant it, but the City Council does have the authority to "call-up" the businesses' Use Permits if there are ongoing problems with their operations. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Not applicable. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: Staff will continue to monitor the condition of the Argonaut Shopping Center and notify the City Council if problems persist. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Correspondence from Argonaut Managing Agent Mollie Choate 2 of 2 ~ Sent by: Renco/wzllis .! September 25, 2000 408 730 2350; 09/25/00 WILLIS & COMPANY t':()MMERCIAL PROP£RT¥ S~RV (:ES 4: OOPM i JetFax .#5; Page 1/4 Mrs. Margaret B. Towns 13035 P, egan Lane Saratoga; CA 95070 P,E: Argonaut Shopping Center · bear Mrs. Towns: Thank you for taking the time to inform me of the situation at Storbuck's Coffee end ~Tamba ~Tuice et Argonaut Shopping'Center. We have been monitoring this situation with the tenants and your letter reinforces the need for these tenants to increase their efforts to maintain the exterior oreos of their premises. Shortly before receiving your letter, I hod written to the corporate office of Starbucks over the same concerns and instructed them to correct the situation. I have enclosed o copy of that letter for your reference. After you and I spoke on the phone last week, I coiled the regional property manager for 5tarbucks, and the local manager for ~Tamba ,Tuice. They have assured me that they will take extra steps to ensure the problems are corrected immediately. I have instructed our property n~nager to notify me if he does not see an improvement, in the situation. At that point, we will make arrangements to 12H5 i%~kmead lGrkwoly. S,~na;'v:*la. (.':A t3q.0gn 408-246-99.%t), FAX 40S-730-2150 Sent by: Renco/WzlZzs Mrs. Margaret B, Towns September 25, 2000 Page 2 408 730 2350j 09/25/00 4: 00Plvl; )etFax _#5; Page 2/4 A clean .the exterior premises ourselves cznd we will .invoice the tenants directly. In the meantime, please do not hesitate to contact me further if' you have any other concerns. Sincerely, Willis & Company Managing Agent Argonaut Associate.~, LLC Mollie I~. Choate, ~PA® Sr. Vice President Operations Enclosure (~). Cc: Same~ Wahlgren City of Saratoga Via facsimile: 408.867.8555 Craig Shelby Starbucks Corporation Via facsimile: 714.424.1920 Don Ried Thaler ,.Tam b~ ,Tuice Via facsimile: 408.867.7944 by: Renco/Willls 408 730 2350; 09/25/00 4:00Plvl;.ietFax ,~5; Page 3/4 WILLIS & OOMPANY August 24, 2000 Starbucks Corporation MS S-RE3 P.O. Box 34067 ' Seattle, WA 98124-1067 A1-FN: Property Nanagement Department RE: Starbucks #5417 Saratoga, California To Whom It Hay Concern; This letter is being written to inform you of a difficult situation we are experiencing at Argonaut Shopping Center, and the Starbucks location at 12960 Saratoga/Sunnyvale Road in Saratoga, CaLifornia. As property managers for Argonaut Shopping Center, we have had numerous conversations with the management of your store regarding the coffee spills on the sidewalk adjacent to the store. Management several months ago informed 'us that pressure washing was being completed in order to maintain the cleanliness of the sidewalk. Aside from your contracted pressure washing, the. landlord has contracted for pressure washing services as well. We have observed, however, that the stains are getting worse. Also, there is a trail of stains on the sidewalk leading from the front door of the store all the way to the rear area where the trash is disposed of. We have witnessed Starbucks employees dragging bags of trash along the sidewalk, with coffee spilling directly on to the sidewalk. This condition has gotten worse over the recent months, so that it has now become necessaw for you to take immediate action to remove the stains from the sidewalk, in addition, your employees must be trained so that they do not spill liquids while transporting the trash. Sen*; by: Renco/Willls 408 730 2350; Property Management Department Starbucks Corporation August 24~ 2000 Page 2 09/25/00 © Page 4/4 Also, your cardboard recycling bin is sized inadequately for the volume generated from the store. Cardboard is always piled adjacent to the bin. Please have the store manager make arrangements with Green Valley Disposal to either deliver a larger receptacle, or increase the number of pick ups. These conditions not only have an adverse effect on the appearance of the newly renovated shopping center, but also on the neighboring residences. Please call me as soon as possible with your plan of action for correcting the situation. We appreciate your cooperation in this matter. Sincerely, ' Willis & Company Managing Agent for Argonaut Associates, LLC Mollie E. Choate, RPA~ Sr. Vice President Operations AGENDA REGULAR MEE] KEEP ONE YEAR SARATOGA CITY C! OCTOBER 4, 2000 ADJOURNED TO CLOSED SESSION - 6[00 P.M. Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College (Santa Clara County Superior Court No. Doc. CIV756340. MAYOR'S REPORT ON CLOSED SESSION REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE. PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on September 29, 2000) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the pUblic will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. Howeber, the Council may instruct staff accordingly regarding Oral Communications u~nder Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on Current Oral Communications. CEREMONIAL ITEMS None CONSENI CALENDAR The Consent Calendar cotitains routine items of business. Items on this section will be acted in one motion unless they are removed from the Consent Calendar. lA. Approve Council Meeting Minutes Regular Meeting - August 2, 2000 (AMENDED) Regular Meeting - September 6, 2000 Recommended action: Approve minutes. lB. Review of Check Register. Recommended action: Note and file. lC. Approve Financial Report - Month End June 2000. Recommended action: Accept the Financial Report. ID. Review Planning Commission Action Minutes - September 27, 2000. Recommended action: Note and file. 1E. Approval of final map :- property located at 14906 Sobey Road. Recommended Action: Approve resolution for Final Map. IF. Approv. al of summary vacation- property located at 14440 Esterlee Avenue. Recommended action: Approve resolution for su. mmary vacation. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for Opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) Circulation Element & Scenic Highway Element Recommended action: Open public hearing; accept public testimony; close hearing; approve CirculatiOn Element & Scenic Highway Element. OLD BUSINESS o Approval- of amendment to Resolution 00-046 concerning the preservation of the Heritage Orchard in perpetuity. Recommended action: -.. Approve amended resolution. NEX;: BUSINESS o o 10. Consideration of supporting Peninsula Open Space Trust- Bear Creek Redwoods. Recommended action: Accept report and direct staff accordinglY. Proposed Santa Clara County Certification Guidelines for Adult Drug and Alcohol Residential Facilities. Recommended action: Review proposed guidelines and provide comments for transmittal to Santa Clara County and Santa Clara Cot{nty Cities Association. Approval of resolution adding a n~w position - Economic Development Coordinator. Recommended action: Approve resolution. Authorization to City Manager to execute contract with Geoffrey L Rothman and Associates to perform a competitive salary survey for Regular and Limited Term Employees. Recommended action: Authorize City Manager to execute contract for competitive salary survey. Letter from Don Whetstone concerning Fire Station Project. Recommended action: Accept report and direct staff accordingly. Azule Crossing development status report. Recommended action: Accept report. Response to Argonaut Shopping Center complaints. Recommended action: Accept report. 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 October 18, 2000 October 24, 2000 November 1, 2000 November 15, 2000 December 6, 2000 December 12, 2000 December 20, 2000 December 26, 2000 SCHEDULED CITY COUNCIL MEETINGS Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Adjourned Meeting/Joint Session Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, Califomia 'Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Adjourned M~eting Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Adjourned Meeting 7:00 p.m. CANCELLED 7:00 p.m. 7:00 p.m. 7:00 p.m. CANCELLED 7:00 p.m. CANCELLED SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 AGENDA ITEM: ORIGINATING ~I}xEPT: City M~m'ffger PREPARED CITY MANAGER: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION(S): Approve minutes as submitted for the following City Council Meetings: Regular Meeting - August 2, 2000 (Amended) ,' Regular Meeting - September 6, 2000 ~ . REPORT SUMMARY: N/A FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - August 2, 2000 · Attachment B - September 6, 2000 MINUTES SARATOGA CITY COUNCIL AUGUST 2, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney Conference with Legal Counsel - Existing Litigation (Gov't Code 54956.9(a) Chiang v. Barnes et al., Santa Clara County Superior Court No. CV785117 Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation (Gov't Code 54956.9(b)): 2 cases Mayor's Report on Closed Session - 7:06 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regular City_ Council meeting to order at 7:07p.m. and requested Dave Anderson, to lead the Pledge of Allegiance. ROLL CALL PRESENT: . Ann Waltonsmith, Evan Baker, Nick Streit, Stan Bogosian. ABSENT: John Mehaffey ALSO PRESENT: Bill Norton, Interim City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Dir. of Administrative Services John Cherbone, Dir. of Public Works Christina Ratcliff, Assistant Planner Cary Bloomquist, Administrative Analyst Paula Reeve, Senior Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 2, 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code'Section 554954.2, the agenda for the meeting of August 2, 2000 was properly posted on July 28, 2000. City Council Minutes August2,2000 COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS - 7:07 p.m. 1. PRESENTATION BY GOVERNMENT FINANCE OFFICERS ASSOCIATION TO MARY JO WALKER~ DIRECTOR OF ADMINISTRATIVE SERVICES AND RAY GALINDO, ACCOUNTING SUPERVISOR FOR "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING?' STAFF RECOMMENDATION: That Council accept certificate. Tim Hansen, Finance Director, City of San Leandro/Northern Califomia Representative of the Finance Association, presented to Mary Jo Walker, Director of Administrative Services and Ray Galindo, Accounting Supervisor the "Certificate of Achievement for Excellence in Financial Reporting." Councilmember Baker suggested putting news of this achievement in the local newspaper. CONSENT CALENDAR 2A. APPROVAL OF MINUTES - ADJOURNED MEETING OF JULY 11, 2000, REGULAR MEETING OF JULY 19, 2000, AND CLOSED SESSION OF JULY 19, 2000. STAFF RECOMMENDATION: That Council approve minutes as submitted. Mayor Bogosian pulled the minutes of Adjourned Meeting - July 11, 2000 & Regular Meeting - July 19, 2000 Mayor Bogosian requested that on page 3, 2nd paragraph, July 1 lth-Adjourned Meeting, the following be added: "Mayor Bogosian expressed concern that people will have a livable home while still preserving the historic nature of the building." Mayor Bogosian noted on page 7, 4th paragraph, July 19-Regular Meeting, the discussion was about the "parking lot" at Hakone Gardens not the "road." 2 City Council Minutes August 2, 2000 Mayor Bogosian requested on page 12, 2nd paragraph, July .19-Regular Meeting, the following be added: "Mayor Bogosian stated that the Heritage Preservation Commission is an advisory commission in the same way the other commissions are in that they advise the Council on policy and the dayto day operations should be left to the staff." Councilmember Baker noted on page 3, last paragraph, July 11 th _ Adjourned Meeting, he disagreed with what the minutes stated. He commented that the Board's arborist report never said to remove the trees. Baker explained that the Arborist might have told Ms. Petrossi to remove the trees at the meeting but it was not in the report. Richard Taylor, City Attorney, suggested that the Clerk include a notation of the uncertainty in tonight's minutes. Councilmember Waltonsmith noted on page 9, 8th paragraph, July 19-Regular meeting, should read: "He explained that the VTA Board of Directors approved adding Highway 85 Noise Mitigation Test Project to the list Covered by Measure B this fiscal year, pushing it · ahead of schedule." Councilmember Waltonsmith noted on page 11, 2nd paragraph, July 19th--Regular meeting, · misspelled word, "suckering" should be "suckers." Councilmember Waltonsmith noted page 1 !,' 8th paragraph, July 19thzRegular Meeting, for better clarification of the sentence which should read as follows: "Part of his agreement is that he keeps the harvest but unfortunately there was no cherry crop for him to sell in order to lower the maintenance costs." WALTONSMITH/BAKER MOVED TO APPROVE MINUTES OF JULY 11, .2000, JULY 19, 2000 CLOSED SESSION & REGULAR MEETING. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. 2B. APPROVAL OF CHECK REGISTER. STAFF RECOMMENDATION: That Council approve check register as submitted. STREIT/BAKER MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. 2D. JOHN SKIDMORE, CLAIMANT: CLAIM NO. 00-010. STAFF RECOMMENDATION: That Council reject claim. Bill Norton, Interim City Manager, requested that this item be removed from the consent calendar. 3 City Council Minutes August 2, 2000 2E. AUTHORIZATION TO AMEND MEMORANDUM OF UNDERSTANDING (MOU) FOR WAGES,. EMPLOYEE BENEFITS' AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SARATOGA EMPLOYEES ASSOCIATION DATED JULY 1, 1999. '- STAFF RECOMMENDATION: That Council adopt resolution. TITLE OF RESOLUTION: 85-9.123 RESOLUTION OF THE CITY OF SARATOGA AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES STREIT/BAKER MOVED TO ADOPT RESOLUTION AMENDING THE MOU BETWEEN THE CITY OF SARATOGA AND THE SARATOGA EMPLOYEES ASSOCIATION. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. Mayor Bogosian noted that it was not time to start the public heatings, he moved to Item #5 Old Business. OLD BUSINESS o STATUS REPORT ON SARATOGA CREEK SETTLEMENT AGREEMENT. STAFF RECOMMENDATION: That Council accept report. Bill Norton; Interim City Manager, presented staff report. He indicated the City of Saratoga is in compliance with the settlement agreement entered in with the Friends of the Saratoga Creek and the San Francisco Bay Keepers. Mr. Norton explained the City has made substantial efforts with the help of a volunteer, Don Whetstone, to find the areas of the Saratoga Creek that were being contaminated. ~The City determined there was a problem with the sanitary sewer leaking from West Valley Sanitation District pipes. Norton indicated that the City and the Sanitation District are working together to fix the problem. Mr. Norton informed the Council that the Sanitation District would be lining the pipes to prevent any further leakage. The process should be completed at the end of September. He also noted that in some recent sampling of the creek, considerable amounts of contamination were found, not only at Saratoga-Sunnyvale, but alsoon 4th Street at Wildwood Park. Since that finding, the storm drain has been blocked. City Council Minutes August 2, 2000 Mr. Norton reported that the City of Saratoga has provided storm drain maps as required by the agreement. Also the City has placed stenciled "No DumPing" signs and posted warning signs along the creek, worked With the Fire Department to increase emergency response time, and worked with City Staff to improve their efforts to comply with the agreement. Mayor Bogosian asked Mr. Norton if he knew when the sag at 4th Street would be repaired. He indicated he read in the report that the West Valley Sanitations District would repair it once they have lined the pipes in that area. He suggested that it should be repaired before the rainy season comes. Mr. Norton.stated that the Sanitation District assures him that the work will be completed by the end of September 2000. Don Whetstone, 14768 Vickery Avenue, confirmed that the City of Saratoga was in full compliance with the settlement agreement. Whetstone also noted that a few weeks ago he met with the Sanitation District and was informed that 18,000 feet of new suspicious pipes have been identified. Mr. Whetstone thanked Bryan McQueen and Howard Lewis of the Public Works Department for the excellent job they have doing. Mayor Bogosian thanked Mr. Norton and Mr. Whetstone for the detailed information they provided. PUBLIC HEARINGS o APPEAL OF PLANNING COMMISSION DECISION. PROPERTY LOCATED AT 20571 KOMINA AVENUE, SARATOGA TENNIS CLUB. STAFF RECOMMENDATION: That Council deny the appeal and uphold the Planning Commission's decision. No public heating was necessary. Appellant withdrew appeal. Mayor Bogosian indicated Councilmember Mehaffey would be"convening a meeting with the owners of the Tennis Club, interested neighbors, and Saratoga Union School District at a later date. APPROVE RESOLUTION OF CONFIRMATION AND REPORT OF ASSESSMENT OF WEEDS AND BRUSH ABATEMENT. STAFF RECOMMENDATION: That Council adopt resolution. TITLE OF RESOLUTION: 00-045 5 City Council Minutes August 2, 2000 RESOLUTION OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED AND BRUSH ABATEMENT CHARGES Mayor Bogosian opened the public hearing at 7:45 p.m. Marty Hicks, Santa Clara County Fire Marshal's Office, indicated to Council the total assessment totaled $3,551.14. Councilmember Waltonsmith questioned why last year's total assessments were much larger than this .year's total. Mr. Hicks explained that the community resPonded very well to the abatement notices. Councilmember Waltonsmith asked if the County was doing the work at a cheaper rate rather than if the City hired out. Mr. Hicks indicated they were not doing the work at a lower rate. Mayor Bogosian closed the public Hearing at 7:50 p.m. STREIT/BAKER MOVED TO APPROVE RESOLUTION CONFIRMING REPORT AND ASSESSMENTS OF WEED AND BRUSH ABATEMENT CHARGES. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. NEW BUSINESS o AUTHORIZATION TO EXECUTE AGREEMENT WITH DAVE ANDERSON FOR CITY MANAGER. STAFF RECOMMENDATION: That Council approve authorization to execute agreement. Bill Nort. on, Interim City Manager, presented staff report. Mr. Norton indicated that he and the City Attorney negotiated the contract in compliance with the'City Council's direction. · BAKER/WALTONSMITH' MOVED TO APPROVE AGREEMENT WITH DAVE ANDERSON. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. Mayor Bogosian emphasized that after an exhausting search, he felt the Council chose an exceptional individual to be the new City Manager of Saratoga.-' 6 City Council Minutes August 2, 2000 PRESENTATION BY CARY BLOOMQUIST: STATUS OF SARATOGA PLAYFIELDS. STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Mr. Bloomquist summarized his findings. He noted that upon receiving direction from the City Council to investigate the availability of land for recreational use as playfields, he contacted all the school districts, service clubs, businesses, and other groups both public and private, to discuss the shortage of land for playfields. Most of the existing facilities are being utilized to their full capacity at the present time. Mr. BloomquiSt explained he has been working with the primary user group of playfields in Saratoga, A.Y.S.O., in an effort to discover additional facilities or "flat grass" areas that were not presently being utilized for playfields. Together they have recently procured five (5) additional playfield sites: one (1) at the Mormon Church in Saratoga, two (2) at E1 Quito Park, one (1) at Wildwood, and one (1) at Beauchamps park. New leads for additional playfields at De Anza'College and Rolling Hills School in San Jose have been and continue to be researched by City Staff. Staff is also researching an additional four (4) playfield sites at Christa McAuliffe Elementary School in the Cupertino Union School District. Mr. Bloomquist indicated if the City were able to procure the usage of the playfield at Christa McAuliffe School in the Cupertino School District and Country Lane School in Moreland School District the needs of A.Y.S.O. for the 2000 season should be met. He noted that in 2001 with the construction of Congress Springs Park and local schools A.Y.S.O. would be challenged to meet their practice field needs. Mr. Bloomquist noted that the A.Y.S.O. Regional Commissioner Mark Linsky was present to answer any questions the City Council might have. : Councilmember Streit expressed concern about the.loss of Congress Springs Park in 2001. He indicated that the construction was postponed until the Saratoga Pony League season was over, but the A.Y.SiO. needed to relocate during the time of construction. Mr. Bloomquist responded that De Anza College in Cupertino was a good potential flat grass area for the A.Y.S.O. 2001 season. Mr.'Mark Linski, A.Y.S.O Regional Commissioner, indicated that during that time · Saratoga Soccer has offered to provide portab.le goal posts as needed. He also noted that A.Y.S.O thought they were going to be able to utilize Saratoga Schools but unfortunately due to the construction the completion times are uncertain and 'also the size of the schools have expanded shrinking the size of the playfields. Mayor Bogosian thanked staff for the report. 7 City Council Minutes August 2, 2000 10. REAPPOINTMENT OF JIM STALLMAN, REPRESENTATIVE TO THE VALLEY TRANSPORTATION AUTHORITY BICYCLE ADVISORY COMMITTEE (BAC). STAFF RECOMMENDATION: That Council reappoint representative. STREIT/BAKER MOVED TO APPROVE REAPPOINTMENT OF JIM STALLMAN. MOTION PASSED WITH MEHAFFEY ABSENT. APPROVAL OF RESOLUTION ACCEPTING OFFER OF RIGHT-OF-WAY ON MT. EDEN ROAD FOR TRAIL IMPROVEMENTS. STAFF RECOMMENDATION: That Council approve resolution accepting dedication. TITLE OF RESOLUTION: 36-B-254 RESOLUTION ACCEPTING OFFER OF DEDICATION - MT. EDEN ROAD John Cherbone, Director of Public Works, presented staff report. He explained if the resolution were adopted, it would accept right-of-way at the property located at 22101 Mt. Eden Road. He explained that this dedication is necessary to improve trail Section 51 which, when cOnstructed, would link Section 10 at the North end to Section 12. Presently users are forced to move onto Mt. Eden Road for the length of this segment. The Parks & Recreation Commission has selected trail Section 51 as a high priority for improvements and has recommended the improvement be funded with Park Development Funds designated for trails. Mr. Cherbone noted that if the resolution is approved, the City will have the Contractor who was awarded the 2000 Concrete Repair Project do the work. BAKER/WALTONSMITH MOVED TO APPROVE RESOLUTION ACCEPTING OFFER OF'RIGHT-OF-WAY. MOTION PASSED WITH MEHAFFEY ABSENT. REPORT ON LEGAL OPTIONS TO LIMIT CONVERSIONS OF COMMERCIAL RETAIL USERS TO OFFICE USES. STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staff report. Mr. Taylor indicated the Council had requested information concerning the City's ability to adopt retail to office conversion policy similar to that being considered by the City of.Cupertino. A similar policy could be adopted by the City as part of a General City Council Minutes August2,2000 Plan revision to designate an acceptable mix of retail, office and other uses in commercial areas and to establish a review process for approving projects that vary from that allocation. Mr. Taylor explained that in order to adopt such a policy in Saratoga, the City would ' need to make substantial reviSions to the General Plan. He noted that currently there are no distinctions between Retail Uses and Office Uses. The City would also need to hire a consultant to come in and look at Saratoga and evaluate the appropriate mix of those uses and establish the core square footage amounts. Mr. Taylor indicated that it would be a challenge to work in non-conforming uses if such a policy were adopted. He noted that a policy in the Village was adopted whereby office uses cannot occupy front; they have to be removed onto a 2nd story or located behind retail establishments. Mr. Taylor discussed a few alternative possibilities: extend the Village policies elsewhere in the City, create Retail District and Office Districts, and the last possibility could be to require a use permit businesses which want to change Retail Uses to Office Uses. Councilmember Waltonsmith noted that she hesitates reworking the General Plan; she does like the idea of creating districts. Councilmember Streit supported the idea of similar guidelines that'are enforced in the Village. He suggested that each area in 'the City be looked at and determinations be made on what they need. Councilmember Baker noted that he does not support rewriting the General Plan but supports extending a similar kind of permit used in the Village throughout the City. Mayor Bogosian noted that he also supported extending the Village guidelines throughout the City. He explained that he would like to take due time and consideration of any policy changes considered and full participation from the community is a must. Councilmember Waltonsmith questioned the possibility of the City loosing tax revenue and was concerned about the areas in the City that the retail uses should be left as is. Mr. Taylor indicated the fiscal issue is one Cupertino deals with through a Development · Agreement. Cupertino invites people proposing conversions to make them an offer to' deal with the economic impact of that conversion. He explained that this was a much easier thing to do then a General Plan change and easier than use permits. He noted that if the City of Saratoga were concerned about fiscal issues, an excise tax could be imposed on establishments of Office Uses. Although it would require voter approval, it would ~be similar to the construction tax that the City currently levies. The new tax would be called an "office use tax." Mayor Bogosian noted that the direction to staff is to develop an outline of the process 9 City Council Minutes August 2, 2000 with the following considerations: revenue aspects and preservation of retail. He noted that he wants all parties involved. ConsensUs of Council. 11. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO BSA ARCHITECTS FOR LIBRARY EXPANSION PROJECT. STAFF RECOMMENDATION: That Council approve authorization to execute contract. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker indicated that the RFP was sent out to twenty-seven qualified architectural finns; seven were received back. Out of that seven, onlY three of the finns were qualified. On July 18, 2000 those three finns were interviewed by the Library exPansion Committee, Mayor Bogosian, and Councilmember Streit. BSA Architects is the recommended finn based on the company's quality of staff, site visits, previous experience, and references. Mayor Bogosian agreed with Director Walker that BSA Architects met all of the expectations of all parties involved in the selection process. He noted that this finn has the ability to bring the community together. Councilmember Streit noted that the Committee was impressed with BSA's professionalism. He also commended the Committee. Councilmember Waltonsmith commended Director Walker for her hard work and effort developing the RFP process for the Library Expansion Project. BAKER/STREIT MOVED TO APPROVE AWARD OF CONTRACT TO BSA ARCHITECTS. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. 12. AUTHORIZATION TO CITY MANAGER TO NEGOTIATE AN AGREEMENT TO CONTRIBUTE UP TO $20,000 FOR A PREMIUM MEN'S CLOTHING STORE TO RELOCATE TO THE SARATOGA VILLAGE. STAFF RECOMMENDATION: That Council authorize negotiations. Bill Norton, Interim City Manager, presented staff report. He indicated that Council gave direction to staff to provide economic development for the Village and Gateway shopping districts. He explained that staff has been working with Mr. Warren Lampshire, a real estate agent representing Patrick James, for a high quality men's clothing retailer. Patrick James has several stores in the Bay Area and the store regularly advertises in regional daily newspapers. Patrick James recently lost their lease in the Pruneyard Shopping Center in Campbell and is looking for another location in 3_0 City Council Minutes August2,2000 13. Santa Clara County. Patrick James has provided a letter of intent to lease 14527 Big Basin Way for an initial term often years. However, Patrick James has several conditions in their commitment pertaining to improvements to the building. Mr. Patrick MonPere, owner of Patrick James, is willing to spend $85,000 on this to bring the building up to standards. Norton explained that although the property owner and the tenant have negotiated and agreed upon many of the issues, unfortunately there is still a $20,000 gap. If this particular issue isn't resolved the retailer will not occupy the property in the Village. Mr. MonPere has estimated annual sales for this facility at $650,000. The City's share of sales tax is 1%. Norton explained that in addition to direct benefits from sales and business license tax revenues from Patrick James, there are indirect benefits from increased pedestrian traffic to restaurants and retailers in the area. If the retailer is unable to generate the promised revenue to the City he will make up the difference. He also noted that the City would be paid back if the business leaves before the $20,000 is recovered in sales tax revenue. Councilmember.Baker thanked Mr. Norton for his efforts in bringing in such a fine retail establishment to the Village. · BAKER/WALTONSMI'TH MOVED TO NEGOTIATE CONTRACT AND CONTRIBUTE UP TO $20~000. MOTION PASSED 4-0 WITH MEHAFFEY · ABSENT. CONSIDERATION OF A REQUEST FOR PROPOSALS FOR LEASING HAKONE GARDENs STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. Bill Norton, Interim City Manager presented staff report. Mr. Norton summarized the proposed Hakone Gardens lease agreement. He indicated that the Foundation was organized in 1984 as a nonprofit organization. In 1994 they entered into a management/operations agreement with the City of Saratoga to maintain and operate the Hakone Gardens. The latest agreement dated July 1, 1997, is due to exPire on June 30, 2004. In March, Dan Pulcrano, Chairman of the Board of Trustees/Hakone Gardens; notified the City that the Board of trustees desired a change to the operating agreement. The. change involves a long-term lease instead of a short- term operating agreement. The Foundation indicated that the purpose of this would enable the Foundation to solicit additional funds through grants and other contributions, which currently they are not allowed to receive. Because of the.short-term operations agreement many foundations are reluctant to donate 'larger sums of money; but have indicated to the Hakone Foundation that if they were separate and apart from the City, in a landlord/tenant relationship, they could expect more money. Mr. Norton indicated that after reviewing the new lease agreement with Richard Taylor, City Attorney, he determined that if it's a long-term lease, it could trigger an assessment ofpossessory interest tax from the County Assessor, and would'require competitive City Council Minutes August 2, 2000 bidding/proposals. The Hakone Foundation is currently looking into the possibility of being exempt from this tax because they are a nonprofit organization. Mr. Norton explained that the "caretakers cottage" that the City has remodeled and is used as a low-income housing project, would be converted into a visitor's center/gift shop and the current tenants would have to be given an evictiOn notice. In exchange for the conversion, City Staff believes that the Foundation should pay the City back the $120,000 received from HUD since it would no longer be used as a low-income project. The Foundation would pay back to the City of Saratoga the money over a 30-year period at an interest rate of 6% ($9,360 per year). Mr. Norton explained the costs of bringing the Gardens up to standard would be: road repair-S600,000, sealing of the parking lot-$3000, and pest control damage-$100,000. The City would also have to pay all real and personal property taxes levied on the premises Mr. Norton indicated that under this new lease the City would no longer be respOnsible for appointing the Board of Trustees2 Mr. Norton explained that if the Council chooses to pursue the long-term lease requested by the Foundation, the process would proceed as follows: staff would prepare a RFP for Council approval seeking bids from qualified bidders, RFP would be publicly noticed for a 30-day bidding period, Council would hold a public hearing, and then the ordinance would be adopted and the lease signed. Councilmember Streit indicated that he believes the City of Saratoga and the Hakone Foundation have spent a lot of time making sure the Gardens were Well taken care of and, if it went out for bid, it potentially would open the Gardens up for just any contractor to come in and ruin it. He also had a lot of concerns about the actual lease agreement. Councilmember Streit noted he that he had talked to Richard Taylor, City Attorney, and that Dan Pulcrano, President/Hakone Foundation, concurred by that limiting the lease agreement to 55 years, the City could consider this a sole source provider and not go through the RFP process. Mr. Streit indicated that the City then could go over the rest of the actual lease proposed by the Hakone Foundation. Mayor Bogosian questioned how City Staff would structure the RFP. Mr. Norton explained that City Staff would structure the RFP so anyone who has -interest in submitting a proposal would have to provide proof of their expertise. Councilmember Baker asked if this would be a separate organization in addition to the Hakone Foundation. Mr. Norton explained that they would be in lieu of the Foundation. The new agreement drops the relationship the City currently has. The City would then be a landlord looking for a tenant who had the capabilities to provide a specialized service. The purposed lease is for 60 years with two (2) 15-year lease options. Because it is essentially a 90- ~.2 City Council Minutes August 2, 2000 year lease, state law requires competitive bidding. Mr. Norton indicated that if the Council wanted to shorten the term of the lease, the bidding process would not be necessary. Councilmember Waltonsmith indicated that she didn't agree with the City losing control over the Hakone Gardens and asked if the Council could break the lease if the operators were not performing up to the City's standards. Mr. Norton explained that according to the proposed lease agreement, the City could only break the lease if they weren't fulfilling the terms of the agreement. Mayor Bogosian explained when the lease agreement was first proposed, he felt it was a great idea if it contained two key elements; free access to the Hakone Gardens for citizens of Saratoga, and that the uses are compatible with the surrounding neighborhood. He questioned if the new lease had any gUarantees that the operators would comply with the City's expectations. Richard Taylor, City Attomey, explained that the Hakone Foundation must provide a Master Plan and follow the local ordinances. The City could include in the lease provisions that the Foundation be required to provide an annual report. Councilmember Streit expressed that the Council should simply lower the lease to 55years and declare the Hakone Foundation a sole source provider. This would eliminate the RFP process. He noted that the Hakone Foundation has been in place for a long time and has proven it can take care of the City's garden. He asked that the Hakone Board consider lowering the lease to 55 years. Dan pUlcrano, President/Hakone Foundation, indicated that the Board already approved the 60-15-15 formula. He will take the possibility of lowering the lease to 55 years back to the Board at their neXt meeting. Councilmember Baker indicated that after he reviewed and compared the old lease and the Proposed lease agreement he had many questions regarding fiscal and operational issues. He could however, agree to lowering the lease to 55 years to avoid the bidding process, but unfortunately, the rest of the terms need to be discussed more thoroughly. Councilmember Waltonsmith noted that she felt how long the lease was for and whether or not a RFP is required, are two separate issues. She. also expressed concern that Councilmember Mehaffey should be included in any decisions made on Such an important issue. ' Councilmcmber Streit explained that he was not trying to change the concept of the lease or avoid the concerns of the rest of the Council, but lowering'the lease to 55 years was a good idea to avoid having to go out for bid on a piece of property that has current operators who have proven to be the best. He indicated that tonight he would like to get beyond the RFP and make the Hakone Foundation the sole provider and bring this back to Council at a later date and negotiate the terms of the lease. ~_3 14. City Council Minutes August 2, 2000 Mayor Bogosian noted that he could agree with lowering the lease to 55 years, but he also has problems with the fiscal and operational issues of the proposed lease agreement. He would like to take more time to negotiate the terms and get everyone who is interested involved in the process. Councilmember Baker expressed disagreement because of the fact fhat under the proposed lease agreement the City loses control, receives no profit, and has to pay a lot of costs. Baker noted that he could agree with lowering the lease to remove the RFP requirement but under no circumstances should value-added tax be included in the lease. Also Baker would like City Staffto prepare a matrix showing the costs to the City under the current lease for the next five years and one for the City under the proposed lease agreement including the present loan balance of $169,000. Councilmember Streit indicated that the estimated $600,000 for road repairs should be turned over to John Cherbone, Public Works Director. Streit noted that if Mr. Cherbone could spread the $600,000 over 4-5 years but still keeping the road safe, he could support the funding. Mayor Bogosian added further direction to staff as follows: 1. Obtain a more detailed report concerning the estimated $750,000 worth of termite work. 2. Report back on the cost of widening the road. 3. Comparison on how other nonprofit agencies operates. 4. Bring back to Council on September 20, 2000. STREIT/BOGOSIAN MOVED TO ACCEPT HAKONE FOUNDATION AS SOLE SOURCE PROVIDER AND NEGOTIATE A LEASE NOT TO EXCEED YEARS. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. CONSIDERATION OF WINERY DIRECTIONAL SIGNS. STAFF RECOMMENDATION; That staff accept report and direct staff accordingly. Bill Norton, Interim City Manager, presented staff report. Mr. Norton explained that some years back, the City of Saratoga placed directional point of interest signs 'throughout the City. Phase 3 of that program was to provide directional signs to the various wineries. He noted that even though most of the wineries were out of town, it would still be beneficial to provide signs for not only to the wineries~ but also to businesses within the community. The proposed signs are located at the following areas: Big Basin Way/Saratoga-Los Gatos Road, Saratoga-Sunnyvale Road/Pierce Road, Pierce Road/Mt. Eden, Pierce Road/Highway 9 intersection}' Highway 9/Skyline Blvd. Mr. Norton indicated that after looking at these areas, the Community Development . Department Staff has recommended that the County pursue the Highway 9/Skyline Blvd 14 City Council Minutes 15. August 2, 2000 since it is outside city limits. Also, he noted, some concern regarding Pierce Road/Highway 9 because that intersection already has several directional signs that the wineries have placed. Mr. Norton explained that with those two exceptions, staff recommends Council to go forward with the placement of signs in the first three locations. Councilmember Streit noted that he supports the placement of directional signs because it is one more way to promote Saratoga. BAKER/STREIT MOVED TO APPROVE WINERY DIRECTIONAL SIGNS TO BE PLACED___~AT BIG BASIN____~WAY/SARATOGA -LOS GATO______~S ROAD, SARATOGA-SUNNYVALE ROAD/PIERCE ROAD, PIERCE ROAD/MT. EDEN. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. REPORT ON VALLEY TRANSPORTATION 2020 PROJECTS. Bill Norton, Interim City Manager, presented staff report. He noted that the VTA 2020 Projects were currently before the Santa Clara County Board of Supervisors. The Board is considering the presented projects around the Bay Area. Councilmember Streit indicated that the Saratoga City Council should become proactive in the VTA's 2020 Project. Streit suggested lobbing the VTA to get more projects on the 2020 list that would benefit Saratoga. Mayor Bogosian directed staff to report back on the VTA's 2020 .projects and feedback from the Board' of SuperVisors· CITY COUNCIL ITEMS :. Councilmember Waltonsmith reminded the Council that tonight's meeting would be Bill Norton's last meeting. She wanted to thank him for all his hard work. Mayor Bogosian thanked Mr. Norton and commended him on all that he accomplished in such a short time. Councilmember Streit reported that on july 21, 2000, he spent the day with the Parks and Public Works Department. He explained that in the morning he filled potholes and in the afternoon he mowed the lawn at Congress Springs Park. At lunchtime he was treated to a BBQ joined by the entire department. He commended the Department of Public Works for doing a great job for the City of Saratoga. OTHER None 'CITY MANAGER'S REPORT None 3.5 14. City Council Minutes August 2, 2000 Mayor Bogosian noted that he could agree with lowering the lease to 55 years, but he also has problems with the fiscal and operational issues of the proposed lease agreement. He would like to take more time to negotiate the terms and get everyone who is interested involved in the process. Councilmember Baker expressed disagreement because of the fact fhat under the proposed lease agreement the City '~ loses control, receives no profit, and has to pay a lot of costs. Baker noted that he could agree with lowering the lease to remove the RFP requirement but under no circumstances should value-added tax be included in the lease. Also Baker would like City Staff to prepare a matrix showing the costs to the City under the Current lease for the next five years and one for the City under the proposed lease agreement including the present loan balance of $169,000. Councilmember Streit indicated that the estimated $600,000 for road repairs should be turned over to John Cherbone, Public Works Director. Streit noted that if Mr. Cherbone could spread the $600,000 over 4-5 years but still keeping the road safe, he could support the funding. Mayor Bogosian added further direction to staff as follows:_ 1. Obtain a more detailed report concerning the estimated $750,000 worth of termite work. 2. Report back on the cost of widening the road. 3. Comparison on how other nonprofit agencies operates. 4. Bring back to Council on September 20, 2000. STREIT/BOGOSIAN MOVED TO ACCEPT HAKONE FOUNDATION AS SOLE SOURCE PROVIDER AND NEGOTIATE A LEASE NOT TO EXCEED 55 YEARS. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. CONSIDERATION OF WINERY DIRECTIONAL SIGNS. STAFF RECOMMENDATION: That staff accept report and direct staff accordingly. Bill Norton, Interim City Manager, presented staff report. Mr. Norton explained that some years back, the City of Saratoga placed directional point of interest signs 'throughout the City. Phase 3 of that program was to provide directional signs to the various wineries. He noted that even though most of the wineries were out of town, it would still be beneficial to provide signs for not only to the wineries~ but also to businesses within the community. The proposed signs are located at the following areas: Big Basin Way/Saratoga-Los Gatos Road, Saratoga-Sunnyvale Road/Pierce Road, Pierce Road/Mt. Eden, Pierce Road/Highway 9 intersection} Highway 9/Skyline Blvd. Mr. Norton indicated that after looking at these areas, the Community Development . Department Staff has recommended that the County pursue the Highway 9/Skyline Blvd City Council Minutes August2,2000 since it is outside city limits. Also, he noted, some concern regarding Pierce Road/Highway 9 because that intersection already has several directional signs that the wineries have placed. Mr. Norton explained that with those two exceptions, staff recommends Council to go forward with the placement of signs in the first three locations. Councilmember Streit noted that he supports the placement of directional signs because it is one more way to promote Saratoga. BAKER/STREIT MOVED TO APPROVE WINERY DIRECTIONAL SIGNS TO BE PLACED AT BIG BASIN WAY/SARATOGA -LOS GATOS ROAD, SARATOGA-SUNNYVAI,E ROAD/PIERCE ROAD, PIERCE ROAD/MT. EDEN. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. 15. REPORT ON VALLEY TRANSPORTATION 2020 PROJECTS. Bill Norton, Interim City Manager, presented staff report. He noted that the VTA 2020 Projects were currently before the Santa Clara County Board of Supervisors. The Board is considering the presented projects around the Bay Area. Councilmember Streit indicated that the Saratoga City Council should become proactive in the VTA's 2020 Project. Streit suggested lobbing the VTA to get more projects on the 2020 list that would benefit Saratoga. Mayor Bogosian directed staffto report back on the VTA's 2020 projects and feedback from the Board of Supervisors. CITY COUNCIL ITEMS Councilmember Waltonsmith reminded the Council that tonight's meeting would be Bill Norton's last meeting. She wanted to thank him for all his hard work. Mayor Bogosian thanked Mr. Norton and commended him on all that he accomplished in such a short time. Councilmember Streit reported that on July 21, 2000, he spent the day with the Parks and Public Works Department. He explained that in the morning he filled potholes and in the afternoon he mowed the lawn at Congress Springs Park. At lunchtime he was treated to a BBQ joined by the entire department. He commended the Department of Public Works for doing a great job for the City of Saratoga. OTHER None 'CITY MANAGER'S REPORT None 15 City Council Minutes August 2, 2000 ADJOURNMENT There being no further business, the Mayor declared the meeting adjoumed at 10:05 p.m. Respectfully submitted, Cathleen Boyer City Clerk 16 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 6, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. Conference with Labor Negotiator (Gov't Code 54957.6) City Negotiator: Richard Taylor, City Attorney Unrepresented Employee: City Manager Conference With Legal Counsel - Existing Litigation Pursuant to Gov't. Code Sec. 54956.9(a): 1 Case City of Saratoga v, Allen, Santa Clara County Superior Court No. Doc.00-392788 Conference with Legal Counsel - Initiation of Litigation Pursuant to Gov't Code Sec. 54596.9(c): 1 Case Liability Claims Claimant: Ron Luketich -'Claim #95110020 & 96110014 Agency Claimed Against: City of Saratoga (Gov't Code Sec. 54956.95) Conference with Legal Counsel - Existing Litigation Pursuant to Gov't Code Sec. 54956.9(a): 1 Case City of Saratoga v. West Valley College, Santa Clara County Superior Court N°. Doc. CIV756340 Mayor's Report onClosed Session - 7:05 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regular CiW Council meeting to order at 7:06 p.m. and requested Mary Jo Walker, Director of Administrative Services, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey,. Stan Bogosian. ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk City Council Minutes September 6, 2000 -Mary Jo Walker, Dir. of Administrative Services John Cherbone, Dir. of Public Works Paula Reeve, Senior Administrative Analyst James Walgren, Dir. of Community DevelOpment REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 6, 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 6, 2000 was properly posted on September 1, 2000. Mayor Bogosian requested a moment of silence in memory of Eleanor Patrick and Nicola Rooke. On behalf'of the City coUncil, Mayor'Bogosian extended the Council's deepest condolences to each of those families. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS - 7:20 P.M. lA. PROCLAMATION - DECLARING SEPTEMBER 18-22, 2000 "LAWSUIT AWARENESS WEEK." STAFF RECOMMENDATION: · Read proclamation. Mayor Bogosian read the proclamation. · lB. APPROVE RESOLUTION SUPPORTING THE PRESERVATION OF THE HERITAGE ORCHARD IN PERPETUITY. STAFF RECOMMENDATION: That CoUncil approve resolution. TITLE OF RESOLUTION: 00-046 City Council Minutes September 6, 2000 RESOLUTION OF THE CITY COUNCIL RECOGNIZING THE HERITAGE ORCHARD. James Walgren, Director of Community Development, presented staff report. He indicated that it was under the Mayor's direction that this item was placed on the agenda. He explained that the resolution was whtten to reaffirm the City's commitment to preserve and maintain the Heritage Orchard. BAKER/STREIT MOVED TO ADOPT RESOLUTION 00-046. MOTION PASSED Mayor Bogosian noted this was. the first step to. develop and maintain the Heritage Orchard as a valuable asset for the City of Saratoga. *Mayor Bogosian pointed .out that there were a lot of families in the audience tonight for item #5- Congress Springs Park and asked the Council if they would be in favor of moving that item to 7:30 p.m. ~ Consensus of the Council to move item #5 to 7:30 p.m. CONSENT CALENDAR 2A. APPROVAL OF COUNCIL MINUTES - REGULAR MEETING OF AUGUST 2, 2000 & CLOSED SESSION OF AUGUST 14, 2000. STAFF RECOMMENDATION That Council approve minutes of Regular Meeting - August 2, 2000 and Closed Session- August '14, 2000 as submitted. Mayor Bogosian pulled the minutes of Regular Meeting - August 2, 2000 from the Consent - Calendar. Mayor Bogosian requested on page 11, 1st paragraph, the followirig be added: ' "He also noted that the City would be paid back if the business leaves before the' $20,000 is recovered in sales tax revenue." Mayor Bogosian requested on page 13, lSt paragraph, should read as follows: "Mayor Bogosian explained when the lease agreement was first proposed he felt it Was a good idea if it contained two key elements; free access to the Hakone Gardens for Citizens of Saratoga, and uses are compatible with the surrounding neighborhood." Mayor Bogosian requested on page 13, 8th Para'graph, should read as follows: "He would like to take more time to negotiate the terms and get everyone interested involved in the process." Councilmember Baker requested that the minutes of August 2, 2000 be sent back for 3 City Council Minutes September 6, 2000 review and corrections. He indicated that special emphasis should be paid to the item concerning the Hakone Gardens proposal. Consensus of the Council to direct the City Clerk to amend the minutes of August 2, 2000. MEHAFFEY/WALTONSMITH MOVED TO ADOPT MINUTES OF CLOSED SESSION-AUGUST 14, 2000. MOTION PASSED 4-0 WITH STREIT ABSTAINING. 2B. APPROVAL OF CHECK REGISTER. STAFF RECOMMENDATION: That Council approve check register as submitted. STREIT/WALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. APPROVAL OF JULY TREASURER'S REPORT. STAFF RECOMMENDATION: That Council approve report. STREIT/WALTONSMITH MOVED TO APPROVE. JULY TREASURER'S REPORT. MOTION PASSED 5-0 2D. APPROVAL OF FINAL MAP- 14645 BIG BASIN WAY STAFF RECOMMENDATION: That Council approve resolution. TITLE OF RESOLUTION: SD-98-002 RESOLUTION OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF THE PROPERTY LOCATED AT 14645 BIG BASIN ROAD. Mayor Bogosian pulled item 2D fi.om the Consent Calendar. Mayor Bogosian questioned whether or not there were any Measure B implications on this project. Director Walgren reassured the Mayor that this project was already in progress before any discussion of Measure B started. He also explained that there also was no request for a General Plan redesignation because the property was currently zoned "commercial." Councilmember Mehaffey questioned if there were any moratorium issues in this project. Director Walgren explained that this project went through the design review and use permit process prior to any moratorium discussions. In fact, he noted, this project including the 4 City Council Minutes September 6, 2000 Azule Project, was probably the cause of the moratorium discussions. BOGOSIAN/MEHAFFEY MOVED TO APPROVE RESOLUTION SD-98-002. MOTION PASSED 5-0. 2E. APPROVAL OF PLANNING COMMISSION ACTION MINUTES OF AUGUST 9, 2000. STAFF RECOMMENDATION: That Council note action minutes. STREIT/WALTONSMITH MOVED TO NOTE & FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2F. AUTHORIZATION TO CITY MANAGER TO EXECUTE FIRST AMENDMENT - 1996 MEASURE B PAVEMENT MANAGEMENT COOPERATIVE AGREEMENT. STAFF RECOMMENDATION: That Council authorizes to execute cooperative agreement. Councilmember Baker pulled item 2F from the Consent Calendar. Councilmember Baker indicated that in the original cooperative "agreement $628,754 was allocated to the City of Saratoga, and now in the amendment, it calls for $505,410 of the funds to be made available for street maintenance. Councilmember Baker questioned where the other $123,000 went, and What it is allocated for. Director Cherbone explained that there were two different-funding sources totaling $1,7629,17.00: 1. Measure B - $628,754 (two allocations of this amount) 2. TEA-21 - $505,410 ' BAKER/ME--FEY MOVED TO AUTHORIZE COOPERATIVE AGREEMENT FOR PAVEMENT MANAGEMENT. MOTION PASSED 5-0. APPROVE APPLICATION TO THE STATE OF CALIFORNIA FOR DESIGNATING THE HERITAGE ORCHARD AS A "POINT OF INTEREST." STAFF RECOMMENDATION: That Council approve application. Director Walgren presented staff report. Director Walgren informed the Council that this application was recommended and 5 City Council Minutes September 6, 2000 o generated by the Heritage Preservation Commission. If the Council endorsed the application it would put the Heritage Orchard in the California's "Point of Interest" . book. Director Walgren indicated that the State would give the City a sign, recognizing its designation, which could be placed in the library. Councilmember Streit inquired about the status from the last discussion on sights in Saratoga being designated as "Point of Interest", whether or not Villa Montalvo and Hakone Gardens could also be considered. Director Walgren replied that he would get back to Councilmember Streit at a later time with that information. WALTONSMITH/MEHAFFEY AUTHORIZE THE MAYOR TO FILE THE APPLICATION. MOTION PASSED 5-0. Mayor Bogosian announced that it was time to hear the staff report on item #5. PRESENTATION BY JOHN CHERBONE - CONGRESS SPRINGS PARK. STAFF RECOMMENDATION: Informational only. Mayor Bogosian announced that since this item was noticed as informational only, no action would be taken tonight. Procedurally, a presentation will be given on the process that has taken place and the recommendation from the Parks and Recreation Commission. He indicated that public testimony would be heard afterwards. Director Cherbone presented staff report. He summarized the project's background noting that Congress Springs Park was a priority by the City for improvements, using $1.2 million dollars of Park Development Funds. The goal was to improve safety and increase the number ofplayfields. The park's main function is to serve organized sports, primarily baseball and soccer. He explained that there are three main user groups that utilize Congress Springs Park: Saratoga Little League, A.Y.S.O., Pony League, and C.Y.S.A. The current layouts of the playfields don't utilize the current space. Director Cherbone indicated that in December 1999, City Staff, A.Y.S.O., Saratoga Little League, and representatives from the City Council and the 'Parks and Recreation Commission convened the first Congress Springs Task Force Committee meeting to discuss the proposed improvements to Congress Springs Park. Director Cherbone reported that the Task Force has met seven (7) times since that first meeting in December 1999, and held three (3) public meetings. Director Cherbone concluded that the Task Force bring Plan 3B to the Council for their 6 City Council Minutes September 6, 2000 approval. He noted that the Task Force members agree that Plan 3B is the best plan for organized sport use of Congress Springs Park. Director Cherbone explained the benefits and shortcomings of Plan 3B as follows: Benefits 1. Increase in safety. 2. Increase in Little League fields by 3 to 8. 3. Increased A.Y.S.O. soccer fields by 3 to 8. 4. New infrastructure (pathways, landscaping, picnic amenities, etc.) Shortcomings 1. Loss of PonyField. 2. Loss of tennis courts. 3. Loss of basketball court. Director Cherbone noted that the biggest negative of Plan 3B was the loss of the Pony Field. Although it is the biggest liability at Congress Springs Park because of Highway 85. Recently, City Staff has met with the principal at Saratoga High School and members of West Valley College, regarding the possibility of relocating the Pony league to one of those two venues. Director Cherbone introduced Steve Kikuchi, Landscape Architect/Greg G. Ing& Associates, to walk the Council through the design process and explain why Plan 3B is the best design. Mr. Kikuchi thanked'the Council fOr giving him and his company the opportunity to work with the City of Saratoga. He noted that when he was first asked to propose on this park the main goal was to maximize the use of the playfields for baseball and soccer. Mr. Kikuchi went on to summarize the four (4) preliminary designs. In summary he explained that Plan 3B was the best design for Congress Springs Park for the primary user groups. He explained to the Council that not only will the space be fully utilized but also the park will have more of a park-like setting instead of a looking like a sports complex. Since the loss of the Pony Field a lot'of additional amenities have been added such as: additional trees along Glen Brae Drive, new lawn, a plaza area, picnic area, additional storage, batting cages, portable restrooms, and a jogging pathway around the perimeter of the park. Mayor Bogosian requested that Judy Alberts, Chair/Parks & Recreation Commission, give her feedback on the process and why the Recreation Commission supports Plan 3B. Commissioner Alberts reported that the process of Congress Springs Park renovation has been going on for many months. The focus was to fully utilize the existing space to better serve the two primary user groups. The Parks & Recreation Commission fully support Plan 3B with only one contingency, that the tennis courts be relocated. She explained that the Parks & Recreation Commission met' with the Task Force, the Task Force met with the user groups, held public meetings including the user groups and the 7 City Council .Minutes September 6, 2000 neighborhoOd surrounding the park. Mayor Bogosian questioned the participation of the neighborhood. Commissioner Alberts indicated that although the neighborhood was noticed on all the heatings and public input meetings, not very many people showed too much concern. · She mentioned that the only issues that were brought up were; would the neighborhood have an increase in traffic, and would they have more parking problems. Fortunately, she noted, this type of activity already utilizes Congress Springs so there wasn't a lot of public outcry over the renovation. Mayor Bogosian expressed concern over the parking issue. He questioned that if on a given day if the parking were maxed out, would there be adequate off-street parking without overflow into the neighborhood. Director Cherbone explained he had the City's Traffic Engineer take a look at the possibility that if every field were used at once would there be parking shortages. After his study the Traffic Engineer found that there would be no problems with parking. Director Cherbone noted that if needed in the future or if the city finds there is a problem with parking, the overflow of cars could be expanded under the power lines. Councilmember Streit nOted that the residents surrounding Congress Springs Park did request that the City clean up shrubbery under the power lines, which would help increase the space for overflow parking. He also explained that in Plan 3B, except for the three (3) permanent Little League fields closest to Glen Brae Drive, the back half of · the park is all portable. This allows flexibility if the user group needs change. In the future the park can be redrawn to accommodate those changes. At this time Mayor Bogosian invited any public testimony. The 'following people spoke on this matter: Debbie Lillo, 12054 Kfisty Lane, noted that all three (3) of her children have played for. A.Y.S.O. and currently play for C.Y.S.A. She urged the Council to approve Plan 3B, but not to' forget about the 600+ kids that play for C.Y.S.A. This group currently has no game fields and two (2) low quality practice fields. Laura Watkins, 18700 Montew°od Drive, noted that she has three (3) children that play for C.Y.S.A.. She urged the Council to approve Plan 3B, but hopes the City will continue to search for a home for the 600+ children who play for C.Y.S.A. Mitch Cutler, 20379 Highway 9, noted that he had two (2) childrenthat play for C.Y.S.A. He supports Plan 3B, but hopes the City will consider Ihe needs of C.Y.S.A. and find them a home. City Council Minutes September 6, 2000 Stuart Wheelwright, 13119 Glen Brae Drive, noted that safety was his primary concern in regards to the renovation of Congress Springs Park. He noted that with the removal of the basketball courts and the increase of soccer fields, he believes that the use of the park will increase dramatically. He feels that the parking is currently insufficient and after the renovation it will be worse. He urged the Council to approve Plan 3B with the contingency that off street parking is increased. Keith Simon/President Saratoga Little League, 20450 Montalvo Lane, explained that Congress Springs Park is currently utilized Monday thru Friday and all day Saturday. The fields are unsafe and there isn't enough space for all the user groups. He supports Plan 3B and urged the Council to approve .it. He also hopes the Council will help find a playfield for the Pony League. Matt Durket/Pony League Director, 13010 Ten Oaks Way, urged the Council not to go forward .with Plan 3B until a playfield is secured for the Pony League. Roasanne Spencer, 20889 Michaels Drive, expressed concerns with the chance that West Valley College or Saratoga High. School doesn't commit to provide a home for the Pony League. She urged the Council to reconsider the development of the park. Gordon Spencer, 20889 Michaels Drive, thanked the Council and the Task Force for all the work that has been done to renovate Congress Springs Parks'. He expressed his dissatisfaction on how the residents around E1 Quito Park were able to dictate what uses take place on City owned property. He feels that since it is a City park, everyone should be able to use it. Kathy McGoldrick, 12860 Paseo PreSada, expressed her opposition on moving the Pony League to E1 Quito Park. Peter Rutti, 20097 Mendelsohn Lane, supports Plan 3B but concemed with the elimination of the Pony League from Congress Springs Park. Bill Rothenberg, 19337 Athos Place, noted that he has four (4) children involved in soccer'and baseball. He fully supports the renovation of Congress Springs Park and urged the Council to find a home for the Pony League. Jake McCready, 13840 Saratoga Avenue, noted that he has four (4) children involved in A.Y.S.O. He supports the renovation and urged the Council to find the Pony League a home. Peter Thomas/Landscape Architect, 20238 Pierce Road, talked about the encroachment ofthe infield onto the soccer field. Mark Linsky/A.Y.S.O. Regional Commissioner, 14240 Barksdale Court, supports Plan 3B. In regards to the removal of the Pony League fields in the plan, he explained that it was the best decision to get the best utilization ofthe existing space. City Council Minutes September 6, 2000 Mehdi Siadat, 14771 Montalvo Road, noted that he is a 20-year resident and soccer coach in Saratoga. He. supports the renovation of Congress Springs Park. David Mighdoll, 13664 Ronnie Way, applauded the Council, Staff and Task Force Member's effort in the renovation process for Congress Springs Park. He expressed his concern that all the user groups were not addressed. He also urged the Council to look into the Parking situation before any final decisions were made on the design. Tony Marsh, 13676 Ronnie Way, noted that he has been a resident in Saratoga for 21 years. Also, he has children that have played A.Y.S.O., C.Y.S.A., and Little League. He expressed his support to the Council to move forward and renovate Congress Springs Park. Juliana Lustenader, 21355 Saratoga Hills Road, asked the Council to add more soccer fields. She also urged the Council to keep the snack shack and playground. Peter Fletcher,. 20099 Chateau Drive, noted that he is a 16-year resident and has been involved in all the groups mentioned'tenight. He supports the renovation to Congress Springs Park. He feels that the community at large doesn't support youth sports, and disagrees with the neighborhood parks being designated as "untouchable." Dave Bayly, 19489 Brockton Lane, noted that he supports the project but urges the Council to find a home for the Pony League. Lorraine Sidat/C.Y.S.A. Board Member, 14771 Montalvo Road, supports Plan 3B but would like Council to find a home for C.Y.S.A. in Saratoga. No other people' sPoke on this item. Councilmember Streit noted that the construction on Congress Springs Park is not scheduled to begin until after the Little League Season is over in June 2001. He question that if Plan 3B was approved tonight and the construction drawings were started, at what point could the pony field be added/deleted if West 'Valley College or Saratoga High School doesn't make a commitment to provide a playfield for Pony League, and still meet the construction deadlines. Mr. Kikuchi responded to Councilmember Streit indicating that the deadline to make any changes would be in the middle of November. Councilmember Streit asked what the effect would be on Plan 3B if the pony field was put back into the plan. Mn Kikuchi explained that the side fences would have to be built higher, and. als° to meet regulation standards in field size, the existing parking would have to be encroached upon. Councilmember Baker doesn't support having a pony field at Congress Springs Park. 10 City Council Minutes September 6, 2000 He feels that the City should not take the chance of a ball being hit over the fence onto' Highway 85, increasing the possibility of an accident or a death. Councilmember Mehaffey expressed concern over the loss of trees when the construction starts. Mr. Kikuchi reassured Councilmember Mehaffey that although during the construction period some trees would be lost, the new design calls for the planting of several new clusters of trees throughout the park and along Glen Brae Drive. Mayor Bogosian asked the status on relocating C.Y.S.A. and the Pony League. Director Cherbone responded that unfortunately there aren't a lot of options in Saratoga for C.Y.S.A. Fortunately, for the Pony League, West Valley College & Saratoga High School both look promising. Mayor Bogosian asked to hear from the Council their willingness or unwillingness to move forward and give direction to staff to continue with plan 3B. Councilmember Waltonsmith supports Plan 3B but agrees with the fact that the City needs to find the Pony League a playfield. She was also concerned about the loss of the tennis courts. She also requested staffto look into a more managed parking program at' Congress Springs Park. councilmember Mehaffey understands the'needs of the Pony League and agrees that they need a playfield, but unfortunately, Congress Springs Park is not the place. He also supports the .need to find C.Y.S.A. a home playfield. Hewants to move forward with Plan 3B. .. Councilmember Baker supports Plan 3B and concurs with Councilmember Mehaffey that the Pony League should be located elsewhere. He doesn't feel Congress 'Spring Park provides the kind of safety factor that'he would feel comfortable with for a regulation size field. He indicated that the School Dis/~ricts are going to have to provide their facilities for these'other user groups. Councilmember Streit explained that he was a member of the Task Force and fully supports Plan 3B. He agrees that there are needs in the City of Saratoga for more playfields to accommodate C.Y.S.A. and the Pony LeagUe. He also mentioned that a traffic study should be conducted. ., .. Mayor Bogosian thanked the Task Force, City Staff, and the Parks & Recreation Commission for their efforts. He directed staffto find a location for C.Y:S.A. and also continue the efforts to find the Pony League a. site. He explained that he believes the' Council has done a tremendous-job in leadership balancing the needs'of the user groups and the concerns of the neighborhoods that surround the City's local parks. He noted that he.fully supports Plan 3B. City Council Minutes September 6, 2000 *9:05 p.m. Mayor Bogosian declared a five (5) minute recess. He announced there were three (3) individuals that would like to speak under Oral Communications and asked for a consensus of Council to reopen Oral Communications after the break. Consensus of the Council to reopen Oral Communications. Mayor Bogosian reconvened the meeting at 9:13 p.m. and reopened Oral Communications. The following people spoke: Gloria Vandermate, 20122 Chateau Drive, inquired about the status of the septic ordinance. She explained that she has lived in her house for 30 years and has never had any problems with her septic tank. She feels the City is forcing residents to hook up to the sewer system. She also requested the ordinance and inspection requirements be sent to her. Dave Anderson, City Manager, indicated that a status report on the septic abatement program would be on the September 20, City Council agenda. Lou Thorpe, 19550 Farwell Avenue, expressed his concerns regarding the Saratoga Creek Settlement. He asked if anywhere in that settlement agreement was the elimination of septic tanks required..Also, he noted that he has lived in his house for 33 years and has never had any problems with his septic tank. Gloria Watson, 19670 Farwell Avenue, explained that she hasn't been given adequate notice and information regarding the whole process of the septic ordinance. She noted that there are a lot of senior citizens on fixed incomes that can't afford to hook up to the sewer lines. PUBLIC HEARINGS ADOPT ORDINANCE UPDATING ARTICLE 2.45 OF THE SARATOGA MUNICIPAL CODE PURSUANT TO CHANGES TO THE PURCHASING POLICY AND PROCEDURE. STAFF RECOMMENDATION: That Council open a public hearing; accept testimony; waive the first reading of ordinance; close public hearing. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker indicated that Council approved the changes to the purchasing process at the June 21 st City Council meeting and was directed to come back with the modifications to the municipal code. She noted if approved tonight, the ordinance would come back to the Council at the next meeting to be adopted." Mayor Bogosian opened the public hearing at 9:27 p.m. and invited any public input. Seeing none, Mayor Bogosian closed public hearing at 9:28 p.m. 3_2 City Council Minutes September 6, 2000 BAKER/STREIT MOVED TO ADOPT ORDINANCE UPDATING ARTICLE 2.45 OF THE CITY'S MUNICIPAL CODE. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS APPOINT ONE MEMBER OF THE CITY COUNCIL TO SERVE ON THE ANIMAL CONTROL JPA BOARD. STAFF RECOMMENDATION: That Council appoint one member to the JPA Board. Paula Reeve, Senior Administrative Analyst, presented staff report. Ms. Reeve explained that in June Saratoga and six other Santa ClaraCounty cities signed a Joint Powers Agreement creating the Silicon Valley Animal Control Authority. The JPA will own and operate facilities, and manage resources to provide animal control services. The Authority will be administered by a Board consisting of seven (7) Directors as follows: two (2) Directors appointed by Legislative Body of City of Santa Clara} 2 (two) appointed by the Legislative Body of the City of Sunnyvale, and three (3) Directors collectively appointed by the Legislative Bodies of the Cities of Saratoga, Monte Sereno, Campbell, Cupertino, and the Town of Los Gatos. Campbell's City Manager, Bernie Strojny, is taking the lead to develop a supplementary agreement to provide a fair process to rotate the three Directors positions among the five West Valley Cities. Ms. Reeve noted that the City of Saratoga played a key role assisting the task force to develop the ~A, and has been involved in preliminary negotiations to acquire the existing Humane Society facility in the City of Santa Clara. Ms. Reeve recommended that due to the City's active ~'ole in these proceedings, the Council should take advantage of this opportunity to select one member and one alternate to serve on the initial Silicon Valley Animal Control Authority Board of Directors. Mayor Bogosian volunteered to be one (1) of the two (2) Directors on the JPA Board of Directors representing the West Valley Cities. Councilmember Baker agreed to be the alternate. STREIT/BAKER MOVE TO APPOINT MAYOR BOGOSIAN AS THE MEMBER TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY AND COUNCILMEMBER BAKER AS THE ALTERNATE. MOTION PASSED 5-0. City Council Minutes September 6, 2000 o Councilmember Mehaffey asked that staff inform the JPA that the City of Saratoga should hold one of the first three seats. Mayor Bogosian thanked Paula Reeve for her hard work on helping develop the JPA for animal control services. CONSIDERATION OF LIMITING CONSTRUCTION HOURS. STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. James Walgren, Director of Community Development, presented staff report.. Director Walgren indicated that this report was in response to a letter that the City Council received on August 2, 2000 from Clare McBride who lives on Oak Street. He noted that Ms. McBride is requesting that the City change the Noise Ordinance, prohibiting all construction on weekends. Director Walgren explained that currently the City's Noise Ordinance limits "commercial" construction, Monday thru Friday, 7:30 a.m.- 6:00 p.m. and also includes large-scale developments. The City allows residential construction on the weekends, 7:30 a.m.- 6:00 p.m. Director Walgren indicated that noise activity is extremely hard to regulate and track. He reported that in response to Ms. McBride's letter, staff recommended that a better effort be made to inform residents that there are construction hour limits, and then continue to enforce the current codes. Mayor Bogosian noted that he was responsible for placing this issue on the agenda, and he has heard from other residents complaining about noise due to construction. He asked the Council if they would be in favor of creating a new ordinance placing a weekend curfew on residential construction. Councilmember Baker noted he wasn't in favor of creating a new ordinance restricting individual efforts to make home improvements. Councilmember Streit concurs with Baker that there is no need for another ordinance. He suggested putting an announcement in the quarterly newsletter summarizing the noise ordinance regarding construction. Councilmember Mehaffey noted that he would support a construction restriction on Sunday. Councilmember Waltonsmith noted that she would support limiting the hours of construction weekends. 3_4 City Council Minutes September 6, 2000 o Mayor Bogosian expressed the need to explore other alternatives of relief from construction noise. Director Walgren suggested the following: 1. Prohibiting construction activity on Sundays except for work that doesn't require a permit. 2. Limit Sunday hours either 8-5p.m. or 9-5p.m. 3. Define what a "major project" is. Mayor Bogosian directed staff to bring back to Council recommendations on amending the noise ordinance and notice it as public hearing. RESOLUTION TO AMEND MEMORANDUM OF UNDERSTANDING (MOU) FOR WAGES, EMPLOYEE BENEFITS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA EMPLOYEES ASSOCIATION DATED JULY 1~ 1999. STAFF RECOMMENDATION That Council approve resolution. Mary Jo Walker,. Director of Administrative Services, presented staff report. Director Walker noted that on August 2, 2000 the City Council approved an amendment to the MOU for several positions in the Community Development Department. Director Walker explained, that in a recent salary survey for the position of Assistant Engineer, the City of Saratoga. is very low compared to surrounding cities. She feels in order to fill that vacancy the whole Engineering series should be increased. This would include an increase in salary ranges for the following positions: Associate Engineer, Plan Check Engineer, and Assistant Engineer. Councilmember Waltonsmith questioned why we weren't looking at the entire City rather that rather than picking out certain positions. Director Walker responded that staff is looking at doing a citywide salary survey in the early Spring in preparation for the SEA negotiations in June 2001. She indicated that staff is prepared to do the survey sooner if Council so desires. Director Walker indicated that the salary survey would take approximately 2-3 months to complete. Staff would first make recommendations to the City Council on which cities to compare with. The second step would be to produce the actual survey~ Councilmember Baker noted he supported a c'itywide salary survey: Councilmember Streit noted that if the City of Saratoga doesn't offer more competitive -and comparable salaries as our surrounding cities, we are going to loose valuable employees. He fully supports expediting the process on starting.the survey. 15 City Council Minutes September 6, 2000 Mayor Bogosian noted he agreed that the process should start immediately, but suggested hiring an outside person do construct the methodology. Councilmember Mehaffey commented that he supported conducting a citywide salary survey. Mayor Bogosian noted that he supports conducting a salary survey ahd directed staff to start the survey process. He also suggested hiring an outside person develop the methodology. Mayor Bogosian commented that he did not want to see anther salary adjustment come before the City Council, but would like to see some long range plans for salary adjustments. STREIT/MEHAFFEY MOVED TO APPROVE RESOLUTION TO AMEND MOU. REGARDING ASSOCIATE ENGINEER, ASSISTANT ENGINEER, & PLAN CHECK ENGINEER. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Baker requested that the City Manager draft a letter to be published in either the Saratogan or the Saratoga News explaining the facts why this Council unanimously voted in favor of septic abatement. Mayor Bogosian concurred with Councilmember Baker that the Council needs to clear this issue up and Set the record straight on why the Council passed this ordinance. Mayor Bogosian and Councilmember Baker agreed to review the draft letter after its completion by Dave Anderson, City Manager: Councilmember Baker requested that a report on the donations the City received supporting the World War II Memorial. Cotincilmember Streit indicated he and Director Cherbone met with Kevin Scully/Saratoga High School, and he is requesting a sketch of a regulation size Pony League field. Councilmember Streit requested that this be placed on the next agenda for funding. Director Cherbone indicated that it would cost approximately $2,500.00. He explained that Under the City's purchasing policy the City Manager can authorize this amount and it would not have to be approved by Council. Councilmember Mehaffey noted that in his mail, attached to something else that was nonrelated, was a memo from Richard Taylor, City Attorney, outlining Political ActivitY by the City and Council. He indicated that from the looks of the memo it was written during the library bond issues. He request that since we are in election season, an update be presented to Council. 3.6 City Council Minutes September 6, 2000 OTHER None CITY MANAGER'S REPORT Dave Anderson, City Manager, reported that the City is in the. process of selecting new auditors. He explained that Director Walker would like to invite the Council to appoint one member of the City Council to participate in the interviews, which will be held on September 20, 2000. Mayor Bogosian nominated Councilmember Streit be the Council's representative. Consensuses of the Council to have Councilmember Streit participate in the interview process for the selection of new auditors. Dave Anderson, City Manager, reported that the Mayor, City Attorney, and he, would be attending the League of California Cities Annual Conference for the next three days. He nOted in his absence, Director Walker will be Acting City manager. ADJOURNMENT There being no gurther business, the Mayor declared the meeting adjourned at 10:37 p.m. Respectfully submitted, Cathleen Boyer City Clerk 17 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 AGENDA ITEM: i ~ ORIGIN:ATING DEPT: Administrative Services CITY MANAGER: f-~~ SUBJECT: Check Register RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached is the check register. FISCAL IMPACTS: 'None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register certification. - IFund# Fund Name AP CHECKS A82891-83028 Date Manual Void Total 9121/00 Checks Checks 1 GENERAL 92,261.56 100 COPS-SLESF 455.73 110 Traffic Safety 150 Streets & Roads 7,528.87 160 Transit Dev 170 Hillside Repair 180 LLA Districts 8,598.23 250 Dev Services 20,029.45 260 Environmental 270 Housing & Corem 14,700.00 290 Recreation 5,733:42 292 Facility Ops 745.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 19,973.14 320 Library Expansion 4,159.48 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 180.00 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 2,820.00 800 Deposit Agency 7,215.69 810 Deferred Comp 830 Payroll Agency 990 SPFA 618.92 Subtotal 184,400.57 618.92 PAYROLL CHECKS: B25934-25967 TOTAL Prepared by: Date: JApproved by: o o ~0 0,~ ~0 O0 o ~ o 0 0 0 0 0 o ~ o ~ o , o~ o~ 0 ~0 O~ (~0 g O~ ,~0 o,~ ,,~ C~O 121 ~ ~ oooooo ~ o o~ ....... § § § § § g § § o o o o o o o o o ,o ~ ~ o ~o mo ~o oo § ~ ~ ~ ~ 0 u ~§ g g g g o o o § g o 0 ~0 02: C~O 'Z n~ .~o o~ o ~ ~§ ~o ~o o ~o o o o o ~0 mo ~:> oo §§§ § § § ~ ~ ~ i°° ~o ~o ~ ooo oo ~ ~ · ~o °~ ~o ? U 40 ~ o~ Oo o o ~ ~0 0.~ § § § oo ~ §~ O~o~ ~o~ ~0 o~ o ooooooo o o o o o o ooo ooooo m H ~ 0 § g§§§§§§§ .o° o o § -o .o ~ooo ~ ~ o ~ ~ ~ ~ ~ ~ ~oo · .... §§§ ..... 0 ~0 ~> ~> 20° o . o° ~ 0 > ~ o o ~ § o o o g § § o § o o o o ~0 O~ > o o o ~0 O~ C~O '~0 > o o o o o ~ o~ ~ o ~ o o o z o 0 0 ~ 0 ~ 0 0 ~ 0 · · ~ 0 ,~ 0 ~ ~I~ ~ ~1 ,,.~ o oo o oooo oo o ~0 ~0 :no ~> ~> > 0 0 0 0 U 0 0 0 :0 O~ oo oo o o oo oo ~oo ~ ~o oo 0 ~ o o ~0 OO O0 § ~o o go° o ~ ooooo o o o ooooo o § o ooooo 0 H SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 AGENDA ITEM: ~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~~-----~- PREPARED BY: f/~ bi, q_/~ ~4J/~EPT HEAD: ~]/~~~ ~/~ SUBJECT: Financial Reports for the Twelve Months Ended June 2000 RECOMMENDED ACTION(S): 1. Accept the unaudited financial reports for the twelve months ended June 30, 2000, 2. Approve resolution authorizing budget adjustments to Fiscal Year 1999/00, 3. Approve resolution to carry over specified Purchase Orders from FY 1999/00 into FY 2000/01, establishing the Purchase Order in the new fiscal year and carrying forward related appropriations, and 4. Approve the revised Treasurer's Reports for June, July and August 2000. REPORT SUMMARY: The accompanying financial reports represent the unaudited year-end revenues, expenditures and fund balances in all City funds for the twelve months ended June 30, 2000. Please note that staff is still in the process of analyzing the' books and further adjustments are expected before the figures are final. However, these preliminary reports are fairly close to the final figures. FINANCIAL SUMMARY: Fund Balances Fund balance is projected to be approximately $9.8 million in the General Fund as of June 30, 2000, which is an increase of $2.8 million over the June 30, 1999 balance. City-wide, fund balances are projected to be about $14.7 million, and increase of about $3.5 million over the June 30, 1999 total fund balances. The annual activity is recapped below: Beginning Fund Balances at June 30, 1999 Revenues Net Expenditures (net of overhead allocation) Operating Transfers In (Out) Projected Fund Balance at June 30, 2000 General fund All City Funds $6,932,663 $11,143,433 9,139,818 15,430,495 (4,688,316) - (11,879,928) (1,611,067) 0 $9,773,098 $14,694,001 Revenues General Fund revenues totaled $9,139,818 for the fiscal year. This is $1,168,469 (14.6%) higher than budgeted, but just $862,097 higher than recently estimated during the budget preparation cycle this past spring. Most of the General Fund revenue sources are on track with the estimates that were made recently during the budget development process. Several funding sources including property tax revenues, sales tax revenues, transfer taxes, motor vehicle license fees, and interest income are higher than estimated. All other General Fund revenues are approximately as budgeted at this point. The major General Fund revenues for the fiscal year are summarized below: Property Tax TEA Allocation ' Sales Tax Transfer Tax Construction Tax Franchise Fees Motor Vehicle License Fees Interest Income Other Revenue Sources Total General Fund Revenues $1,294,3'78 1,495,9'17 1,158,761 545,581 414,0:78 814,7'77 1,571,887 603,116 1,241,32_3 $9,139,818 In other funds, revenues are approximately as budgeted, with a few exceptions. In the Streets and Roads Fund, refunds and reimbursements are about $116,000 higher due to reimbursements related to the Quito Road and Pavement Management CIP projects. Development revenues are about 59% higher than originally bUdgeted due to the very active development environment. Revenues in the Environmental Fund are about $100,000 higher than expected, primarily due to environmental fees. Recreation fees are slightly higher than originally anticipated. Expenditures General Fund direct expenditures total $6,162,318 for the fiscal year. This is $370,944 lower than budgeted, but just $200,864 less than recently estimated during the budget preparation cycle this past spring. Savings are distributed throughout most programs. A few programs both in the General Fund and in other funds, which spent less than budgeted, have existing Purchase Orders which staff requests be carded over into the new fiscal year. Several other programs have spent slightly more than their appropriations allow. These issues are discussed in more detail later in this staff report. In other funds, expenditures are approximately as budgeted, with a few exceptions. Expenditures are higher than estimated in the Development Fund to keep pace with development, but more than enough revenues were collected to fund the excess costs. Construction on the HCDA projects and several Park Development capital projects were budgeted but not completed during the year, so they will be either carded over or are rebudgeted in the current-fiscal year. Overhead Allocation and Operating Transfers As of June 30, overhead has been allocated between programs and funds. This process, knows as overhead allocation or cost allocation, redistributes costs of the central service programs 2 (programs 1005 through 1065) to programs which use he services. The Expenditure section of the financial report indicates the amount of overhead allocated to programs in each fund. In the General Fund, more costs are distributed out to programs in other funds than are distributed to programs within the General Fund, so the overhead allocation reduces the net General Fund costs. Overhead allocated to programs in other funds increases the costs of the programs. City- wide, the overhead allocation nets to zero. Operating transfers are also reflected as of June 30. YEAR END APPROPRIATIONS TRANSFERS The actual expenditures in most programs are less than their appropriations. In some cases, however, programs have exceeded their appropriations. This is common, and is to be expected in some circumstances. A budget transfer must be done to increase appropriations in these programs to match the actual expenditures. There is sufficient funding in all cases to fund the budget transfer. Following is a listing of the programs that require a budget adjustment, the amount and reason for the overrun, and the funding source for the adjustment. Also, attached to this report is a resolution to authorize these budget adjustments. Program City Council (001-1005-511-40.04) City Manager (001-1020-511-40.10) City Attorney (001 - 1025-511-40.11) General Services (001-1050-513-40.41) Facilities Maintenance (001-1060-513-40.23) Emergency Preparedness (001-2005 -521-40.20) Community Access TV (001-7010-571-40.70) Congestion Management (150-5010-552-40.70) Zoning Admin (250-4010-542-40.10) Development Regulation (250-4020-542-40.10) Integrated Waste (260-5005-552-10.01 ) Recreation (290-6005-564-40.10) Teen Services (290-6010-564-10.01) Facility Operations (292-6020-564-10.03) Amount $2,337 $3,944 10,787 27,002 15,249 2,717 7,014 6,036 42,923 44,304 2,339 36,043 13,269 8,256 Reason/Funding Source. City Council 'vacancy, travel for TEA bill, meals. Use Contingency. Wages for temporary secretary. Use Contingency. Legal Services. Use Contingency.~ Telephones for Y2K and printing. Use General Fund. Power costs. Use General Fund. Emergency response telephone charges. Use General Fund. Cable franchise reimbursement (and revenues) higher. Use higher franchise revenues. Grants to Altrans. Use higher Altrans revenues. General contracts. Use higher development revenues. General contracts. Use higher development revenues. Salary and benefits. Use higher environmental fees to cover costs. General contacts. Use higher Recreation revenues and General Fund Salary and Benefits. Use General Fund. Salary and Benefits. Use higher facility revenues to cover excess costs. PURCHASE ORDER CARRYOVERS At the end of every fiscal year, goods and services ordered by Purchase Order (PO) during the year may not have been completed. In some cases, the PO should be carried over into the new fiscal year. This PO carryover process reestablishes the PO in the new fiscal year, and also carries forward appropriations that were not spent in the previous year into the new year. Following is a listing of POs which staff recommends to be carded over from FY 1999/00 into FY 2000/01. Vendor Hughes Perry & Assoc PCI Clean Fuels Inc Cal-Line Equipment Victory Chevrolet SASE Co Inc City of San Jose Jens Hanson Company Jens Hanson Company Jens Hanson Company J JR Construction AN West, Inc G. Bortolotto & Co Valley Slurry Seal Co CCS Planning & Engineering- Maze and Associates DMG Maximus HTE, Inc IBM R & S Erection of Santa Clara Matt Novakovich Playgrounds Unlimited J JR Construction Parsons Harland Bartholomew Fehr & Peers Associates PO Amount $7,585.OO 1,694.25 20,886.84 2O,OOO.O0 7,613.16 1,067.51 4,385.20 88,353.00 51,775.80 37,560.00 35,583.05 146,247.90 15,613.40 9,930.00 33,916.45 4,500.00 21,856.76 5,500.00 2,621.00 44,414.56- 159,628.08 15,000.00 43,500.00 3,309.59 Program City Manager Equipment Ops Equipment Ops Equipment Ops Equipment Ops .,Traffic Control Park Restrooms CIP Park Restrooms CIP HCDA/CDBG HCDA/CDBG Quito Bridges Street Maintenance Street Maintenance General Engineering Finance Finance Info Systems Info Systems Parks/Open Spaces Parks/Open Spaces Park Dev Projects Park Dev Projects Advanced Planning Advanced Planning Purpose Executive Recruitment CNG fuel Wood chipper Pool vehicle Pavement grinder Traffic lights Park restroom improvements Park 'restroom improvements ADA improvements ADA improvements Quito Bridges Pavement management Pavement management Prides Crossing study Audit contract for FY 99/00 State mandate cost claims Remaining HTE contract IBM Training card Congress Springs Park Orchard maintenance Play equipment Trail improvements Contract planner Circulation element Sufficient appropriations remain in each program as of June 30.to fund the POs, except for the Hughes Perry & Associates in the City Manager's Office, CCS Planning & Engineering in the General Engineering Program, and Matt'Novakovich in the Parks/Open Spaces program. It is therefore recommended that the POs be approved for carryover into FY 2000/01 using available appropriations in the respective programs as of June 30, 2000' for'-those with sufficient appropriations, and using Contingency for the Hughes Perry & Associates PO, the higher engineering revenues received this year for the CCS Planning & Engineering PO, and General Fund Balance for the Matt Novakovich orchard maintenance PO. 4 REVISED TREASURER'S REPORTS While preparing for the year-end audit, staff leaned of a minor error in the Treasurer's reports for June, July and August 2000. Funds with US Bank, the fiscal agent who processes the debt service for the old Library bond, were shown in the Treasurer's report for those three months as $5,800, but should have been zero. The revised reports are attached at Attachment D for your review and approval. FISCAL IMPACTS: There is no real fiscal impact of authorizing the recommended budget adjustments to FisCal Year 1999/00 to cover those programs which have exceeded their appropriations. The funds have already been spent, so the transfer is simply a budgetary accounting entry to remain the compliance with the City's budget control policy. The transfer would increase the size of the prior Fiscal Year 1999/00 budget by $222,220, but it would not affect actual expenditures or fund balance figures. The fiscal impact of carrying over the recommended POs is that $782,542 will be added to current Fiscal Year 2000/01 appropriations from funds which' were not spent in the previous fiscal year. As of June 30, this amount will be shown as a reserve against the fund balances indicated in the Financial Reports, thereby reducing available fund balance. The same amount will then be added to the current Fiscal Year 2000/01 appropriations; using the reserved fund balance. The impact on the General Fund is $226,328 and on all other City funds, the fiscal impact is $556,214. There is no fiscal impact of approving the revised Treasurer's reports. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The consequences of not approving the budget transfers is that expenditures for certain programs would be excess of their authorized appropriations. This would be in violation of the City's budget policy which controls expenditures rather tightly at the program level. .· The consequences of not approving the Purchase Order carryovers is that goods and services which have already been ordered or contracted for during Fiscal Year 1999/00 using funding from that year would have to be funded from Fiscal Year 2000/01 appropriations, thereby reducing funds available for current year activities. In those instances where appropriations are not sufficient in the current year to fund the carryovers Purchase Orders, the related goods or services would have to be terminated, or staff would be required to return to the City Council at some future time to request additional appropriations to fund current year activities. If the revised Treasurer's reports are not approved, the previously approved reports will remain inaccurate. 5 ALTERNATIVE ACTION(S): Deny the budget transfers, and allow the programs to exceed appropriations. 'l~nis would be in violation of the City's budget policy. Deny the Purchase Order carryovers, and require staff to return to the City Council to request additional appropriations to fund these activities in the current year. Allow the Treasurer's reports to remain as previously stated. FOLLOW UP ACTION(S): Accept and file the reports, direct staff to proceed with carrying out the year-end closing procedures of incorporating the budget adjustments and the Purchase Order carryovers, and direct staff to remm in November or December with the final audited financial statements. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A -Resolution authorizing budget adjustments for Fiscal Year 1999/00 Attachment B '-Resolution to carryover specific Purchase Order from FY 1999/00 into FY 2000/01 Attachment C - Financial reportS for June 2000 Attachment D -Revised Treasurer's Report for June, JUly and August 2000. 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 1999/00 BUDGET WHEREAS, on June 30,' 2000, the City of Saratoga ended its 1999/00 fiscal year; and WHEREAS, the books and records of the City are in the process of being analyzed, adjusted and closed; and WHEREAS, appropriation transfers are needed in several program budgets which have exceeded their, appropriations during Fiscal Year 1999/00, to remain in compliance with the City's budget control policy; and WHEREAS, there are no fiscal impacts of implememing the budget adjustmems to Fiscal Year 1999/00 since the funds have already been spem, and this is simply a budgetary accounting entry. NOW, THEREFORE, the City Council of the City of Saratoga hereby approves budget transfers in the following amounts: Program City Council (001-1005-511-40.04) City Manager (001-1020-511-40.10) City Attomey (001-1025-511-40.11) General Services (001-1050-513-40.41) Facilities Maintenance (001-1060-513-40.23) Emergency Preparedness (001-2005-521-40.20) Community Access TV (001-7010-571-40;70) Congestion Management (150-5010-552-40.70) Zoning Admin (250-4010-542-40.10) Development Regulation (250-4020-542-40.10) Integrated Waste (260-5005-552-10.01) Amount $2,337 $3,944 10,787 27,002 15,249 2,717 7,014 6,036 42,923 44,304 2,339 Reason/Funding Source City Council vacancy, travel for TEA bill, meals. Use Comingency. Wages for temporary secretary. Use Contingency. Legal Services. Use Comingency. Telephones for Y2K and priming. Use General Fund. Power costs. Use General Fund. Emergency response telephone i:harges. Use General Fund. Cable franchise reimbursement (and revenues) higher. Use higher franchise revenues. Grants to Altrans. Use higher Altrans revenues. General contracts. Use higher development revenues. General contracts. Use higher development revenUes. Salary and benefits. Use higher environmental fees to cover costs. ATTACHMENT A Program Recreation (290-6005-564-40.11) Teen Services (290-6010-564-10.01) Facility Operations (292-6020-564-10.03) Amount '36,043 13,269 8,256 Reason/Funding Source General contacts. Use higher Recreation reVenues and General Fund Salary and Benefits. Use General Fund. Salary and Benefits. Use higher facility revenues to cover excess costs. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 4th day of October, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN::- ATTEST: Start Bogosian, Mayor Cathleen Boyer, City Clerk ' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING PURCHASE ORDER AND RELATED APPROPRIATION CARRYOVERS FROM FISCAL YEAR 1999/00 INTO FISCAL YEAR 2000/01 WHEREAS, on June. 30, 2000, the City of Saratoga ended its 1999/00 fiscal year; and WHEREAS, the books and records of the City are in the process of being analyzed, adjusted and closed; and WHEREAS, some goods and services ordered by Purchase Order (PO) during fiscal year 1999/00 have not been completed, and should be carded over into the new fiscal year; and WHEREAS, the PO carryover process re-establishes the PO in the new fiscal year, and also carries forward appropriations which were not spent in the previous year into the new year. NOW, THEREFORE, the City Council of the City of Saratoga hereby approves the following Purchase Orders and related apPropriations to be carried over into Fiscal Year 2000/01: Vendor Hughes Perry & Assoc PCI Clean Fuels Inc Cal-Line Equipment Victory Chevrolet SASE Co Inc City of San Jose Jens Hanson Company Jens Hanson Company Jens Hanson Company J JR Construction AN West, Inc G. Bortolotto & Co Valley Slurry Seal Co CCS Planning & Engineering Maze and Associates DMG Maximus HTE, Inc IBM R & S Erection of Santa Clara Matt Novakovich Playgrounds Unlimited J JR Construction Parsons Harland Bartholomew Fehr & Peers Associates PO Amount $7,585.00 1,694.25 20,886.84 20,000.00 7,613.16 1,067.51 4,385.20 88,353.00 51,775.80 37,560.00 35,583.05 146,247.90 15,613.40 9,930.00 33 916.45 4 500.00 21 856.76 5 500.00 2 621.00 44 414.56 159 628.08 15,000.00 43,500.00 3,309.59 Program City Manager Equipment Ops Equipment Ops Equipment Ops Equipment Ops Traffic Control Park Restrooms Park Restrooms HCDA/CDBG HCDA/CDBG Quito Bridges Street Maintenance Street Maintenance General Engineering Finance Finance Info Systems Info Systems Parks/Open Spaces Parks/Open Spaces Park Dev Projects Park Dev Projects Advanced Planning Advanced Planning ATTACHMENT B Purpose Executive Recruitment CNG fuel Wood chipper Pool vehicle Pavement grinder Traffic lights Park restroom improvements Park restroom improvements ADA improvements ADA improvements Quito Bridges~ Pavement management Pavement management Prides Crossing study Audit contract for FY 99/00 State mandate cost claims Remaining HTE contract IBM Training card Congress Springs .Park Orchard maintenance Play equipment Trail improvements Contract planner Circulation element The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 4th day of October, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Stan Bogosian, Mayor ATTEST: Cathleen Boyer, City Clerk CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% FUNDBALANCE ACTUALS ~ FUND FUND DESCRIPTION 001 GENERAL FUND 002 MIS REPLACEMENT FUND 003 PERS RETIREMENT FUND TOTAL GENERAL FUND SPECIAL REVENUE FUNDS: 100 COPS SUP. LAW ENFORCEMENT 110 TRAFFIC SAFETY SRF 150 STREETS&ROADS SKF 160 TRANS DEV ACT SRF-CAP PROJ 170 HILLSIDE REPAIR SRF 180 LANDSCAPE/LGTNG SRF 250 DEVELOPMENT SRF 260 ENVIRONMENTAL PRG SRF 270 HOUSING & COMM DEV SRF 290 RECREATION SRF 292 FACILITY OPS SRF 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REV. FUNDS CAPITAL PROJECT FUNDS: 310 PAKK DEVELOPMENT DEBT SERVICE FUND:' 400 LIBRARY BONDS DEBT SVC AGENCY FUNDS: 420 LEONARD ROAD DEBT SVC 720 C.A, TV TRUST FUND 730 PARKING DIST #2 DEBT SVC 740 PARKING DIST #3 DEBT SVC 800 DEPOSIT AGENCY FUND 990 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS AUDITED UNAUDITED BALANCE YEAR TO DATE ADJUSTS & BALANCE JULY I. 1999~V~NUE ~PENDITU~ TRANSFERS ~IINE 30. 2000 $ 6,872,663 S 9,139,818 $ 4,688,316 $ (1,680,984) $ 9,643,181 60,000 35,000 95,000 34,917 34,917 6,932,663 9,139,~18 4,688,316 (I,611,067)9,773,098 ·15,663 71,126 53,177 9,728 43,340 150,523 11,261 (139,262) 1,237,003 2,940,837 1,703,834 6.348 2,600 (3,748) 62,419 249,341 202,265 109,495 887,209 - 1,982,089 1,548,441 1,320,857 203,034 978,339 443,355 (330,069) 407,949 147,709 157,112 9,403 687,259 986,494 299,235 145,949 215,431 ~ ' 69,482 22.252 14,716 (7,536) 1,168,..325 5,677,938 6,575,689 1,611,067 1,881,641 2,251,953 223~60 331~78 2,143,965 S,$74 93,435 93,504 S,505 41,153 10,652 11,477 40,328 81,630 4,489 86,119 l 1,871 10,363 1,508 9,550 176,148 169,001 16,697 395,519 89,855 485,374 245,165 14,600 259,765 784,888 295,744 190,841 889,791 $ 11,143,433 $ 15,430,495 $ 11,879,928 .$ - $ 14,694,001 ESTIMATES AUDITED PROJECTED PROJECTED PROJECTED BALANCE YEAR TO DATE ADJUSTS & BALANCE JULY I. 1999REVENUE ~ TRANSFERS JUNE ~0. 2000 $ 6,872,663 $ 8,277,721 $ 4,914,147 $ 1,855,934) $ 8,380,303 35,000 95,000 28,483 28,483 6,932,663 8,277,721 4,914,147 (I,792,451) 8,S03,786 15,663 62,419 887,2O9 203,034 69,394 81,069 10,009' 13,997 153,500 22,259 (131,241) 1,131,837 3,032,800 1,900,963 22,821 0 (22,821) 5,888 0 (5,888) 23~195 206,550 92,064 1,823,723 1.462,549 1,248,383 871,517 513,326 (327,890) 233,335 193,862 174,177 19,685 646,170 949,684 303,514 128,000 200,487 72,487 21,500 14,818 (6,682) 1,168,325 5,304,407 6,657,719 1,792,451 1,607,464 2,251,983 251,505 315,000 2,188,488 S,574 93,505 93,656 5,423 41,153 12,075' 12,075 41,153 81,630 4,000 0 85,630 11,871 0 11,871 9,550 170,359 170,359 9,550 395,519 0 395,519 245,165 19,250 · 0 264,415 784,888 205,684 182,434 808,138 $ 11,143,433 $ 14,132,822 $ 12,162,956 $ - $ 13,113,299 ATTACHMENT C fs600W. ECAP Page I 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED: 100.00% REVENUES TITLE REVENUE RECAP BY FUND 001 GENERAL FUND SPECIAL REVENUE FUNDS: 100 COPS-SLESF FUND 110 TRAFFIC SAFETY FUND 150 STREETS & ROADS SRE 160 TRANSPORT DEVELOP ACT SRF 170 HILLSIDE REPAIR FUND 180 LANDSCAPE & LIGHTING FUND 250 DEVELOPMENT FUND 260 ENVIRONMENTAL PROGRAM FUND 270 HOUSING & COMMUNITY DEv FUND 290 RECREATION FUND 292 FACILITY OPERATIONS FUND 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS 310 400 CAPITAL PROJECTS FUNDS: PARK DVLPMNT CAP PRJ FND DEBT SERVICE FUND: LIBRARY BOND DEBT SRV FND TOTAL AGENCY FUNDS 420 LEONARD RD DEBT SER FUND 720 CA TV TRUST FUND 730 PRK DST#2 DBT SR/AGNCY FD 740 PRK DST#3 DBT SR/AGNCY FD 800 DEPOSITS AGENCY FUND 990 SARATOGA PFA AGENCY FUND TOTAL AGENCY FUNDS TOTAL ALL FUNDS FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) $ 6,618,507 $ 7,971,349 $8,277,721 7!,900 146,000 1,33~,080 83,203 5,888 236,195 1,24~,200 876,680 236,313 656,855 125,000 21,500 1,5141574 1,248,200 69,394 153,500 1,131,837 22,821 5,888 236,195 1,823,723 871,517 193,862 646,170 128,000 21,500 5,043,814 5,222,308 5,304,407 111,780 251,505 94,262 93,505 11,938 4,000 163,203 19,250' 12,075 4,000 0 170,359 0 19,250 YEAR-TO-DATE 6/30100 6~30~00 ESTIMATE ACTUAL $ 8,277,721 $ 9,139,818 69,394 153,500 1,131,835 22,821' 5,888 236,195. 71,126 150,523 1,237,003 6,348 249,341 1,774,444" 1,982,089 871,517 978,339 193,862 147,709 646,170. 687,259 128,000 145,949 21,500 22,252 (YTD) ACTUAL/ 6~30 ESTIMATE 10.4% 2.5% -1.9% 9.3% -72.2% 0% 5.6% 11.7% 12.3% -23.8% 6.4% 14.0% 3.5% 5,255,126 5,677,938 8.0% 251,505 223,560 93,435 93,435 12,075 10,652 4,000 4,489 170,359 176,148 -' 89,855 19,250 14,600 0.0% -11.8% 12.2% 3.4% 100%+ -24.2% 198,391 205,684 205,684 295,744 43.8% $ 12,066,754 $' 13,598,090 $14,132,822 $ 14,083,471 $ 15,430,495 9.6% fs6OO\REVENUE Page 2 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% TITLE GENERAL FUND 001 PROP TAX SECURED/UNSECURED TEA ALLOCATION SALES TAX 1% SALES TAX PROP 172 TRANSFER TAX CONSTRUCTION TAX TRANS OCCUP TAX FRANCHISE FEES - PG&E FRANCHISE FEES - TCI FRANCHISE FEES - SJ WATER FRANCHISE FEES - GREEN VALLEY BUSINESS LICENSES MOTOR VEHICLE LICENSE FEE OFF HIGHWAY MV FEE HOPTR DISASTER RECOVERY ' OTHER REFUNDS & REIMBURSES FINES-FALSE ALARM FORFEITURES INTEREST RENTALS-CELL PHONE HAKONE RENT PASS THROUGH SALE OF ASSETS MISC. VEHICLE ABATEMENT ANIMAL LICENSES FUEL SALES GROUND MAINT PERMIT-ENCRMT. TOTAL GENERAL FUND FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) $ 1,192,200 $1,194,487 244,712 1,497,231 YEAR-TO-DATE 6/30/O0 ESTIMATE $ 1,194,487 1,497,231 6~0~0 ACTUAL $ 1,294,378 1,495,917 1,497,231 1,436,912 2,691,718 2,691,718 2,790,295 1,013,100 980,000 980,000 1,071,122 76,500 80,000 80,000 87,639 1,089,600 1,060,000 1,060,000 1,158,761 288,800 286,000 286,000 545,581 350,000 466,219 466,219 414,078 264,000 277,065 277,065 ' 312,534 902,800 1,029,284 1,029,284 1,272,193 235,000 236,859 236,859 236,860 173,500 175,000 175,000 !85,466 85,900 90,204 90,204 90,204 286,800 282,296 282,296 302,247 781,200 784,359 784,359 814,777 278,161 278,161 278,161 290,896 1,320,100 1,385,552 1,385,552 1,571,887 170 560 560 560 16,000 15,632 15,632 15,632 1,336,270 1,401,744 1,401,744 1,588,079 234,564 25,000 40,000 350,000 52,000 5,000 5,000 5,000 8,000 10,000 5,000 54,000 325,414 9,473 34,643 358,690 16,627 45,000 400,000 55,700 9,473 5,000 10,000 14,000 9,322 9,000 5,000 60,000 34,643 358,690 16,627 45,000 400,000 55,700 9,473 5,000 10,000 14,000 9,322 9,000 5,000 60,000 35,504 302,637 17,285 47,471 603,116 56,856 9,213 11,415 21,720 9,770 9,762 5,750 94,319 793,564 1,032,455 1,032,455 1,224,818 6,618,507 7,971349 8,277,721 8,277,721 9,139,818 (YTD) ACTUAL/ 6/3O ESTIMATE 8.4% -0.1% 3.7% 9.3% 9.5% 9.3% 90.8% -11.2% 12.8% 23.6% 0.0% · 6.0% 0.0% 7.1% 3.9% 4.6% 13.4% 0.0% 0.0% 13.3% 2.5% -15.6% 4.0% 5.5% 50.8% 2.1% -2.7% 0% 14.2% 55.1% 4.8% 8.5% 15.0% 57.2% 18.6% 10.4% (1) (2) (3) (4) (5) (6) (7) (8) fs6OO\REVENUE Page 3 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% REVENUES TITLE FISCAL YEAR 1999-00 : REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) SPECIAL REVENUE FUNDS: COPS-SLESF SP REV FD 100 SUPPL LAW ENFORCE INTEREST TOTAL SUPPL LAW ENFORCE TRAFFIC SAFETY SRF 110 REFUNDS & REIMB. CROSSING GUARD MATCH FINES-VEHICLE CODE TOTAL TRAFFIC SAFETY SRF STREETS & ROADS SRF 150 REFUNDS & REIMB. ST HIGHWAY USER 2107.5 ST HIGHWAY USER 2106 ST HIGHWAY USER 2107 ST FHWA REIMB. ST 2105 S&H CODE · TEAo21 MEASURE B TOTAL ST&RDS SRF TRANSPORT DEVELOP ACT SKF-CAP PROJ 160 TOTAL TDA HILLSIDE REPAIR SRF 170 INTEREST HILLSIDE STREET REPAIR TOTAL HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF i 80 PROP, TAX SPECIAL ASSESSMENT INTEREST ~ CONTRIBUTIONS TOTAL LANDSCAPE/LGTNG SRF DEVELOPMENT SRF 250 GEOLOGY REVIEW FEES ENGINEERING FEES ' PLANNING FEES ARBORIST FEE MAP/PUB/OTHER SALES DOCUMENT STRG FEES PERMITS-BUILDING PERMITS-GRADING INTEREST TOTAL DEVELOPMENT SRF ~ 71,900 69,394 71,900 71,900 69,394 6,000 3,500 140,000 150,000 146,000 153,500 39,060 6,000 153,523 26~,994 75,000 193,169 224,082 377,252 64,554' 228,000 26,560 6,000 146,353 262,451 0 187,471 0 503,002 1,336,080 1,514,574 1,131,837 83,203 22,821 600 600 5,288 5,288 5,888 5,888 73,750 160,445 2,000 73,750 157,645 2,000 2,800 236,195 236,195 60,000. 54,000 320,000 50,000 200 7,000 725,000 32,000 54,000 338,400 61,500 12,000 100,000 150,000 371,100 65,000 200 16,125 1,040,019 81,279 1,248,200 1,283,100 1,823,723 YEAR-TO-DATE 6~30/00 6/30/00 ESTIMATE ACTUAL 69,394 69,394 1,732 (YTD) ACTUAL/ 6/30 ESTIMATE 0.0% 100%+ 69,394 71,126 2.5% 3,500 3,500 150,000 147,023 0.0% -2.0% 153,500 150,523 -1.9% 26,560 143,163 6,000 6,000 146,353 144,372 262,451 251,526 187,471 188,940 439.0% (9) 0.0% -1.4% -4.2% 503,000 503,002 0.0% 1,131,835 1,237,003 9.3% 22,821 6,348 -72.2% 600 0% 5,288 0% 5,888 0% 73,750 89,404 157,645 157,936 2,000 2,001 2,800 21.2% 0.2% 0.1% 0% 236,195 249,341 5.6% 100,000 108,804 150,000 156,034 371,100 390,583 65,000 102,885 200 16,125 16,411 1,040,019 1,113,625 32,000 36,939 1,774,444 8.8% · 4.0% 5.3% 58.3% 0% 1.8% 56,808 100%+ 1,982,089 11.7% . (1) (8) fs600\REVENtJE Page 4 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% REVENUES TITLE ENVIRNMNTAL PRG SRF ST REFUSE SURCHG AB939 ENVIRONMENTAL FEES 260 CLEAN AIR GRANT INTEREST TOTAL ENVIRON PRG SRF HousING&COMM DEV SRF 270 HCDA/CDBG/SHARP GRANTS INTEREST SHARP LOAN REPAYMENT TOTAL HOUSING/COMM DEV SRF RECREATION SRF 290 FRIENDS OF WARNER HUTTON HOUS SPORTS LEAGUE FEES CAMP FEES EXCURSION FEES CLASS/SPECIAL EVENT SNACK BAR SALES REDWOOD SPORTS PRGM. TEEN SERVICES SNACK BAR SALES WARNER HUTTON CONTRIBUTIONS ' TOTAL RECREATION SRF FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 20,000 26,560 527,290 517,067 329,390 327,890 YEAR-TO-DATE 6/30/00 6/30/00 ESTIMATE ACTUAL 26,560 27,512 517,067 601,717 327,890 330,069 19,041 876,680 871,517 871,517 978,339 234,313 152,842 2,000 3,000 - 38,020 152,842 97,282 3,000 3,584 38,020 46,843 236,313 193,862 193,862 147,709 9,655 9,655 47,500 32,000 104,000 104,000 89,000 89,000 350,000 350,000 1,200 1,200 28,000 28,000 24,500 24,500 1,000 1,500 2,000 6,315 9,655 9,656 32,000 29,057 104,000 156,078 89,000 101,445 350,000 335,379 1,200 2,011 28,000 27,108 24,500 24,940 1,500 1,444 6,315 141 656,855 646,170 646,170 687,259 FACILITY OPS SRF 292 BUILDING RENT 120,000 120,000 PARKS RENT 5,000 .8,000 TOTAL FACILITY OPS SRF 125,000 128,000 THEATER TCK SRCHG SRF 293 THEATER'TCK SRCHG TOTAL SPECIAL REVENUE FUNDS CAPITAL.PROJECTS FUNDS PARK DVLPMNT CAP PP, J FND 310 PARK DEVELOPMENT 120,000 135,326 8,000 10,623 128,000 145,949 21,500 21,500 21,500 22,252 5,043,814 5,257,208 5,304,407 5,255,126 5,677,938 (YTD) ACTUAL/ 6/30 ESTIMATE 3.6% 16.4% (10) 0.7% 100%+ 12.3% -36.4% (11) 19.5% 23.2% -23.8% 0.0% -9.2% 50.1% 14.0% -4.2% 67.6% -3.2% 1.8% -3.7% -97.8% 6.4% (12) 12.8% (12) 32.8% 14.0% 111,780 251,505 251,505 3.5% 8.0% 223,560 -11.1% (13) fs600\REVENUE Page 5 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% REVENUES TITLE DEBT SERVICE FUND: LIBRARY BOND DEBT SRV FND 400 PRINCIPAL INTEREST OTHER TOTAL LIBRARY BOND DEBT AGENCY FUNDS: LEONARD RD DEBT SER FUND 420 SERVICES (ASSESS DISTRICTS) CA TV TRUST FUND 720 INTEREST INCOME PRK DST#2 DBT SR/AGNCY FD 730 SERVICES (ASSESS DISTRICTS) PRK DST#3 DBT SR/AGNCY FD 740 SERVICES (ASSESS DISTRICTS) DEPOSITS AGENCY FUND 800 DEPOSITS ORIGINAL BUDGET FISCAL YEAR 1999-00 REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) 80,000 80,000 14,062 13,235 200 270 YEAR-TO-DATE 6/30100 ESTIMATE 6/30/00 ACTUAL 80,000 80,000 13,235 13,235 200 200 94,262 93,505 93,435 93,435 11,938 · ~ . 12,075 4,000 4,000 12,075 10,652 4,000 4,489 163,203 170,359 i 70,359 176,148 89,855 SARATOGA PFA AGENCY FUND 990 INTEREST INCOME 19,250 TOTAL AGENCY FUNDS 198,391 GRAND TOTAL $ 12,066,754 19,250. 205,684 $14,132,822 19,250 14,600 205,684 295,744 $ 14,083,471 $ 15,430,495 (YTD) ACTUAL/ 6/30 ESTIMATE 0.0% 0.0% 0.0% 0.0% -11.8% 12.2% 3.4% 100%+ -24.2% 43.8% 9.6% REVENUE NOTES: (1) Property Taxes are higher than anticipated due to high property values. (2) Transfer Tax - Real estate transfers are very active. : .' (3) Construction Tax revenue from Azule Crossing of approximately $50,000 expected to be received in next fiscal year. (4) Transient Occupancy Tax revenues are higher than originally estimated. (5) MVL Fees are higher than anticipated. (6) Other Refunds and Reimbursements (7) Interest Income is higher than anticipated, but a portion of general fund interest will be allocated to other funds. (8) Development Fees - Development activity remains higher than originally budgeted. Grading permits estimate budget of $81,279 incorrect. (9) Pavement Management Program reimbursements from municipalities booked in June, 2000. (10) Surcharges for rubbish collection are higher than anticipated. (11) A portion of ADA projects not completed this fiscal year. To be completed next fiscal year. (12) Recreation Fees - Sports, Camps, Trips, Building Rentals and Classes revenues in early summer. (13) Park Development fees-Azule Crossing was included in estimated revenues, but not collected yet. fs6OO\REVENUE Page 6 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, ~000 PERCENT OF YEAR ELAPSED -- 100.00% EXPENDITURES 001 100 110 150 160 170 180 250 260 270 290 292 293 710 310 400 420 700 72O 730 740 8OO 990 ORIGINAL TITLE BUDGET FISCAL YEAR 1999-00 EXPENDITURE RECAP BY FUND GENERAL FUND $ 4,708,717 SPECIAL REVENUE FUNDS COPS SUP. LAW ENFORCEMENT 78,888 TRAFFIC SAFETY SPY 22,311 STREETS&ROADS SPY 3,095,022 TRANS DEV ACT SPY-CAP PROJ 98,103 HILLSIDE REPAIR SPY LANDSCAPEdLGTNG SPY 179,478 DEVELOPMENT SRF 1,348,266 ENVIRONMENTAL PRG SPY 514,129 HOUSING & COMM DEV SPY 315,529 RECREATION SRF 894,878 FACILITY OPS SPY 188,701 THEATER TCK SRCHG SPY 13,922 HERITAGE PRSRVTN TRST leND TOTAL SPECIAL REVENUE FUN REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) CAPITAL PROJECTS FUNDS: PARK DEVELOPMENT DEBT SERVICE FUND: LIBRARY BONDS DEBT SVC TOTAL AGENCY FUNDS LEONARD ROAD DEBT SVC QUARRY CREEK PROJ ADM C.A. TV TRUST FUND PARKING DIST #2 DEBT SVC PARKING DIST #3 DEBT SVC DEPOSIT AGENCY FUND SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS 5,231,070 $4,914,147 3,275,600 . 198,840 1,406,272 897,060 81,069 22,259 3,032,800 0 0 206,550 1,462,549 513,326 174,177 949,684 200,487 14,818 0 YEAR-TO-DATE 6/30/00 6/30/00 ESTIMATE ACTUAL $ 5,083,765 $ 4,688,316 79,663 53,177 22,051 11,261 2,929,679 2,940,837 2,600 202,750 202,265 1,409,815 1,548,441 500,451 443,355 165,184 157,112 963,203 986,494 200,487 215,431 14,818 14,716 ACTUAL/ 6/30 ESTIMATE -7.8% -33.2% -48.9% 0.4% 100%+ -0.2% 9.8% -11.4% -4.9% 2.4% 7.5% -0.7% 6,749,227 7,029,355 6,657,719 6,488,101 6,575,689 1.3% 567,000 603,714 315,000 315,000 331,578 5.3 % 93,505 . 93,656 93,656 93,504 -0.2% 12,075 11,477 10,363 170,359 169,001 11,938 12,075 0 0 0 170,203 170,359 0 0 -5.0% 100%+ -0.8% 182,141 182,434 182,434 190,841 4.6% $ i2,300,$90 13,139,785 $12,162,956 $ 12,162,956 $ 11,879,928 -2.3% fs600\EXPEND. Page 7 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED -- 100~00% EXPENDITURES OOl GENERAL FUND 1005 1010 1015 1020 1025 1030 1035 1040 1045 1050 1060 1065 2005 2010 2015 2025 3030 3035 4005 7005. 7010 9010 9010 ~TYCOUNCIL CONTINGENCY TITLE CITY COMMISSIONS CITY MANAGER'S OFFICE CITY ATTORNEY CITY CLERK EQUIPMENT OPERATIONS FINANCIAL MANAGEMENT HUMAN RESOURCES GENERAL SERVICES FACILITIES MAINTENANCE MANAGEMENT INFORMATION SYS. EMERGENCY PREPAREDNESS CODE ENFORCEMENT POLICE SERVICES ANIMAL CONTROL PARKS/OPEN SPACE GENERAL ENGINEERING ADVANCED PLANNING SENIOR SERVICES COMMUNITY SUPPORT CAPITAL PROJECTS-VESSING RD CAPITAL PROJECTS- POOL SUBTOTAL LESS OVERHEAD TOTAL GENERAL FUND' FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) $44,350 200,000 68,909 274,945 283,265 76,638 171,444 353,742 149,876 112,797 $51,450 $51,595 33,555 0 71,709 70,211 362,554 354,156 378,265 375,620 97,738 92,129 175,268 371,867 334,694 159,927 146,787 118,917 YEAR-TO-DATE 6/30/00 6/30/00 ESTIMATE ACTUAL $51,595 $53,786 70,211 64,902 354,156 366,498 375,620 389,052 92,129 95,977 175,268 97,063 334,694 334,447 146,787 156,656 118,917 138,820 452,541 '142,809 56,828 47,748 2,664,456 28,843 488,705 190,096 104,737' 31,980 66,200 454,541 456,374 223,325 209,212 59,340 59,728 40,151 2,666,968 2,407,638 25,469 498,178 503,009 199,426 154,737 121,963 32,335 70,000 150,000 368,500 150,000 150,000 6,010,909 6,533~62 6,363,182 (1,302,192) (1,302,192) (1,449,035 4,708,717. 5,231,070 4,914,147 456,374~' 469,790 209,212 192,505 59,728 62,057 40,151 39,667 2,407,638 2,450,208 25,469 27,469 503,009 478,099 199,426 185,251 121,963 101,649 32,335 32,959 70,000 73,214 368,500 202,249 150,000 150,000 6,363,182 6,162,318 (1,279,417) (1,474,002 5,083,765 · 4,688,316 (YTO) ACTUAIJ 6/30 ESTIMATE 4.2% -7.6% 3.5% 3.6% 4.2% 44.6% -0.1% 6.7% 16.7% (14) 2.9% (15) -8.0% 3.9% -1.2% 1.8% -7.1% -16.7% (16) 1.9% 4.6% 45.1% (17) 0.0% (18) -3.2% 15.2% -7.8% fs600\EXPEND. Page 8 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED -- 100.00% EXPENDITURES TITLE SPECIAL REVENUE FUNDS: 100 2030 COPS SUP. LAW ENFORCEMENT PLUS OVERHEAD TOTAL COPS SRF 110 2020 TRAFFIC SAFETY SRF PLUS OVERHEAD TOTAL TRAFFIC SAFETY SRF 150 STREETS&ROADS SRE 3005 STREET MAINTENANCE 3010 SIDEWALKS AND TRAILS 3015 TRAFFIC CONTROL 3020 FLOOD AND STORM DRAIN CONTRO 3025 MEDIANS AND PARKWAYS 5010 CONGESTION MANAGEMENT. 9000 CAPITAL PROJECTS SUBTOTAL PLUS OVERHEAD TOTAL STREETS&ROADS SRF 160 9501 TRANS DEV ACT SRF-CAP PROJ 170 9703 HILLSIDE REPAIR SRF 180 3040 LANDSCAPE/LGTNG SRF PLUS OVERHEAD TOTAL LANDSCAPE/LGTNG SRE 250 4010 4015 4020 DEVELOPMENT SRF ZONING ADMINSTRATION INSPECTION SERVICES DEVELOPMENT REGULATION SUBTOTAL PLUS OVERHEAD TOTAL DEVELOPMENT SRF 260 5005 5015 ENVIRONMENTAL PRG SRE INTEGRATED WASTE MGMT STORM WATER MANAGEMENT SUBTOTAL PLUS OVERHEAD TOTAL ENVIRNMNTAL PRG SR FISCAL YEAR 1999-00 YEAR-TO-DATE REVISED BUDGET (if different) ESTIMATED i ACTUAL (if different) 70,369 71,060 8,519 10,009 6/30/00 ACTUAL' 6/30/00 ESTIMATE 71,060 43,449 8,603 9,728 (YTD) ACTUAL/ 6/30 ESTIMATE -38.9% 13.1% ORIGINAL BUDGET 78,888 81,069 79,663 53,177 -33.2% 21,600 21,348 711 911 21,348 10,829 703 432 22,311 22,259 22,051 11,261 1,610,916 ,~. 1,599,869 87,579 83,727 177,753 183,550 170,571 98,263 93,508 90,069 89,675 345,320 328,851 327,499 291,750 483,000 213,000 1,599,869 1,440,226 83,727 79,074 170,571 153,298 93,508 87,315 89,675 89,698 327,499 334,887 213,000 327,521 2,701,650 2,882,228 2,577,849 2,577,849 2,512,019 393,372 393,372 454,951 351,830 428,818 3,095,022 3,275,600 3,032,800 2,929,679 2,940,837 177,852 181,349 20,988 25,201 98,103 158,490 20,988 - 2,600 181,349 177,030 21,401 25,235 -49.3% (19) -38.5% -48.9% -10.0% -5.6% -10.1% (20) -6.6% 0.0% 2.3% 53.8% -2.6% 21.9% 0.4% 100%+ -2.4% 17.9% 179,478 198,840 206,550 202,750 202,265 -0.2% 395,716 443,544 362,186 365,758 192,248 215,576 355,627 400,621 395,716 370,175 375,869 362,186 163,954 171,272 192,248 889,756 947,762 950,150 950,150 1,024,878 458,510 458,510 512,399 459,665 523,563 1,348,266 1,406,272 1,462,549 ] 1,409,815 1,548,441 156,695 187,188 288,929 194,737 164,849 184,849 156,695 290,763 288,929 455,612 445,624 445,624 381,925 58,517 67,702 54,827 61,430 514,129 513,326 500,451 443,355 12.1% (21) 1.0% ~ 12.1% 7.9% 13.9% 9.8% 19.5% (22) -32.6% (23) -14.3% 12.0% -11.4% fs600\EXPEND. Page 9 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% EXPENDITURES TITLE 270 7015 9000 HOUSING& COMM DEV SRF HCDA ADMINISTRATION CAP PROJECTS (SR CTR & ADA) SUBTOTAL PLUS OVERHEAD TOTAL HOUSING&COMM DEV SRF 290 RECREATION SRF 6005 RECREATION 6010 TEEN SERVICES SUBTOTAL PLUS OVERHEAD TOTAL RECREATION SERVICES 292 6020 293 6015 FACILITY OPS SRE PLUS OVERHEAD TOTAL FACILITY SRF THEATER TCK SRCHG SRF PLUS OVERHEAD TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS 310 9704 PARK DEVELOPMENT DEBT SERVICE FUND: 400 8015 LIBRARY BONDS DEBT SVC FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED BUDGET (if different) YEAR-TO-DATE ESTIMATED ACTUAL (if different) 90,166 60,398 216,221 100,000 6/30/00 6/30/00 ESTIMATE ACTUAL 60,398 57,367 100,000 86,806 306,387 160398 160,398 144,173 9,142 13,779 4,786 12,939 315,529 174,177 165,184 157,112 ~69,355 571,537 579,515 579,515 607,580 108,535 150,701 150,701 121,804 677,890 680,072 730,216 216,988 ',- 216,988 219,468 730,216 729,384 232,987 257,110 (YTD) ACTUAIJ 6/30 ESTIMATE 894,878 897,060 949,684 963~03 986,494 '58,223 61,502 61,502 66,479 8.1% 130,478 138,985 138,985 148,952 7.2% 188,701 200,487 200,487 215,431 7.5% 8,955 9,188 9,188 8,921 4,967 5,630 5,630 5,795 2.9% 13,922 14,818 14,818 14,716 -0.7% 6,749,227 7,029,355 6,657,719 6,488,101 6,575,689 1.3% 567,000 603,714 315,000 315,000 331,578 93,656 93,504 93,505 93,656 -5.0% -13.2% (24) -10.1% 170.4% -4.9% 4.8% -19.2% (25) -0.1% 10.4% 2.4% 5.3% -0.2% fs600~EXPEND. Page 10 9/28/00 CITY OF SARATOGA TWELVE MONTHS ENDED JUNE 30, 2000 PERCENT OF YEAR ELAPSED = 100.00% EXPENDITURES TITLE AGENCY FUNDS: 420 8020 LEONARD ROAD DEBT SVC 720 1040 C.~ TV TRUST FUND 730. 8005 PARKING DIST #2 DEBT SVC 740 8010 PARKING DIST #3 DEBT SVC 990 1040 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL EXPENDITURES FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if differen0 (if differen0 11,938 12,075 0 0 170,203 170,359 0 YEAR-TO-DATE 6/30/00 ACTUAL 12,075 11,477 6/30/00 ESTIMATE 10,363 170,359 169,001 (YTD) ACTUAL/ 6/30 ESTIMATE -5.0% 100%+ -0.8% 182,141 · '~ ' 182,434 182,434 190,841 4.6% $12,300,590 $13,139,785 $12,162,956 $12,162,956 $11,879,928 -2.3% EXPENDITURE NOTES: (14) General Services-Printing costs higher re: new stationary/business license forms. Phone costs higher re: Y2K upgrades (15) Facilities Maintenance - Power costs higher. (16) General Advanced Hanning studies to completed next fiscal year. (17) Vessing Road - San Jose Water. Dept payment of $126,441 paid in September (18) Swimming Pool - Contribution to swimming pool not appropriated yet. (19) Traffic Safety-Crossing Guards will be paid later in the year. ' (20) Street stripping work to be completed next fiscal year. . (21) Development Services - General contracts higher, but reimbursed by higher than budgeted development revenues. (22) Green Valley Disposal Clean-up Day.. (23) Saratoga Creek Settlement work to be completed next fiscal year. (24) Capital projects ADA not completed this year. To be completed next fiscal year. (25) Personnel wages estimates too high. fs600~EXPEND. Page 11 9/28/00 CITY OF SARATOGA Cash and Investment Report iBalance as of June 30, 2000 Type Institution Acquisition Date FDR* Book Market Par Maturity Rating Value Value** Value Yeiid Date Term Anticipated Unrestricted Cash & Investments: Cash: DD Comerica Bank - Savings CK Comet-ica Bank - General Checking CK Comerica Bank - Payroll Checking N/A N/A N/A AAA $211,402 $211,402 $211,402 2.000% Revolving 1 $352 AAA 583,779 583,779 583,779 0.000% Revolving I 0 AAA 22,184 22,184 22,184 0.000% Revolving 1 0 Subtotal Cash L.A.I.F. & Investments: MF L.A.I.F. N/A 817,365 a 817,365 817,365 0.517% 1. 352 N/.A 12,617,752 b 12,589,562 12,617,752 6.349% Revolving 1 66,758 CD San Jose National Bank CD Heritage Bank of Commerce 07/03/99 10/14/98 500,000 ' 500,000 500,000 5.900% 07/03/00 365 2,458 562,683 562,683 562,683 5.650% 10/14/00 ' 365 2,649 1,062,683 1,062,683 1,062,683 5.768% 365 5,108 13,680,435 13,652,245 13,680,43'5 . 6.304% ~ 183 71,866 14,497,800 14,469,610 14,497,800 5.978% 92 72,218 54,091 54,091 54,091 2.530% Revolving I 114 26,074 26,074 26,074 0.000% Revolving I 0 6,519 6,519 6,519 0.000% Revolving 1 0 Subtotal CDs Subtotal L.A.I.F. & Investments Subtotal Unrestricted Cash & Investments Restricted Cash & Investments: SV San Jose National Bank - CDBG CK ' Wells Fargo Bank - CDBG CK Wells Fargo Bank - CDBG N/A N/A N/A Subtotal Restricted Cash & Investments Total Cash and Investments Benchmark Yield Comparison 86,684 86,684 86,684 1.579% I 114 3 Month Treasury 6.12~/o [ 1 Year Treasury Schedule of Maturities: Immediate FY 1999-2000 Total $13,521,801 1,062,683 $14,584,484 General Fund Loans Receivable: Hakone Foundation # Reserve .Apalysis: General Fund Reserve requirement adopted 4/5/00: General Fund Balance as of 5/31/00. $2,000,000 $8,878,793 Available Funds: Unrestricted Pooled Cash & Investments available for current year expenses in all funds: $13,435,117 Jncludes unrestricted funds maturing within the current fiscal year) Principal i Rate Date Term 0 . $169,075 6.500~ 03/01/2004 3,65~ NOTES: DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account * FDR = The Financial Directory rating is based on computer analysis of prime fmancials reported quarterly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board2 Ratings based on information released July 1998. **Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company. # This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received. This report reflects Pooled Cash, Ig. vestments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing assets (notes receivable) are listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and ~ere are adequate resources to meet anticipated pool expenditure requirements for the next six months. Submitted{oy: 06-OOREPO.xls Approved by: 9/21/00 (Unaudited Results) ATTACHMENT D CITY OF SARATOGA Cash and Investment Report Balance as of July 31, 2000 Institution Acquisition Date Anticipated FDR* Book Market Par Maturity Monthly Rating Value Value** Value Yefld Date Term Earnings Cash: DD CK CK Cash & Investments: Comerica Bank - Savings Comerica Bank - General Checking Comerica Bank - Payroll Checking N/A N/A N/A AAA $231,597 $231,597 $231,597 2.000% Revolving I $386 AAA 354,224 354,224 354,224 0.000% Revolving 1 0 AAA 16,119 16,119 16,119 0.000% Revolving I 0 Subtotal Cash 601,940 a 601,940 601,940 0.~70% I 386 L.A.I.F.& Investments: MF L.A.I.F. N/A N/A 12,792,548 b 12,778,036 12,792,548 6.349% Revolving 1 67,683 CD San Jose National Bank- CD Heritage Bank of Commerce 07/03/99 10/14/98 500,000 500,000 500,000 5.900% 07/03/01 ~ 365 2,458 587,682 587,682 · 587,682 5.650% 10/14/00 365 2,767 1,087,682 1,087,682 1,087,682 5.765% 365 5,225 13,880,230 13,865,718 13,880,230 6.303% 183 72,909 14,482,170 14,467,658 14,482,170 6.073% 92 73,295 55,468 55,468 55,468 2.530% Revolving. 1 117 26,128 26,128 26,128 0.000% Revolving I 0 6,519 6,519 . 6,519 0.000% Revolving I 0 Subtotal CDs Subtotal L.A.I.F. & Investments Subtotal Unrestricted Cash & Investments Re~rictedCash & Investments: SV San ~seN~onal Bank-CDBG CK WellsFargoBank-CDBG CK WellsFargoBank-CDBG N/A N/A N/A Subtotal Restricted Cash & Investments Total Cash and Investments Benchmark Yield Comparison 3 Month Treasury 6.e5%I 1 Year Treasury 6.4~%I Schedule of Maturities: Immediate FY 1999-2000 Total $13,482,603 1,087,682 $14,570,285 General Fund Loans Receivable: Hakone Foundation # Reserve Analysis: General Fund Reserve requirement adopted 4/5/00: General Fund Balance as of 5/31/00. $2,000,000 $8,878,793 Available Funds: Un~sa-lct~d Poolcd Cash & Invcstm~nta availablc for outfit year cxp~ns~s in all funds: $13,394,488 (Includes unrestricted funds maturing within the current fiscal year) Maturity Principal Rate Date Term $165,747 6.500% 03/01/2004 3,650 NOTES: DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account * FDR = The Financial Directory rating is based on computer analysis of prime fmancials reported quarterly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. *Markct values for U.S. Treasury Notes provided by State Slteet Bank and Trust Company. . · This loan is noted for memorandum purposes only. The'loan is amortized per the agreement with the Hakone Foundation. No payments are received. This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing assets (notes receivable) are listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report. Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and ~ere are adequate resources to meet anticipated pool expenditure requirements for the next six months. Sul~miited by:. Approved by: 9/21/00 (Unaudited Results) 07-OOREPO.xls CITY O1~ SARATOGA Cash and Investment Report Balance as of August 31, 2000 Type Institution Acquisition Date FDR* Book Market Par Maturity Ra~ng Value Value** Value Yeild Date Term Anticipat ed~ Unrestricted Cash & Investments: Cash: DD Comerica Bank - Savings CK Comerica Bank - General Checking CK Comerica Bank - Payroll Checking Subtotal Cash L.A.I.F. & Investments: MF L.A.I.F. N/A N/A N/A N/A $489,342 $489,342 $489,342 2.000% Revolving 1 $816 309,734 309,734 309,734 0.000% Revolving I 0 11,810 11,810 11,810 0.000% Revolving I 0 810,886 a 810,886 810,886 1.207% 1 816 N/A 12,392,549 b 12,378,490 12,392,549 6.443% Revolving 1 66,538 CD San Jose National Bank CD Heritage Bank of Commerce 07/03/99 10/14/98 AAA 500,000 500,000 500,000 5.900% 07/03/01 365 2,458 AAA 587,682 587,682 587,682 5.650% 10/14/00 365 2,767 Subtotal CDs Subtotal L..4~I.F. & Investments 1,087,682 1,087,682 1,087,682 5.765% 365 5,225 13,480,231 13,466,172 13,480,231 6.388% 183 71,763 · Subtotal Unrestricted Cash & Investments 14,291,117 14,277,058 14,291,117 6.094% 92 72,579 Restricted Cash & Investments: SV San Jose National Bank - CDBG CK Wells Fargo Bank - CDBG CK Wells Fargo Bank - CDBG N/A N/A N/A AAA 56,983 56,983 56,983 2.530% Revolving I 120 AAA 26,128 26,128 -26,128 0.000% Revolving I 0 AAA 6,509 6,509 6,509 0.000% Revolving I 0 Subtotal Restricted Cash & Investments Total Cash and Investments Benchmark Yield Comparison 89,620 89,620 89,620 1.609% 1 120 3 M6nth Treasury 6.26%]' 1 Year Treasury Schedule of Maturifies: Immediate $13,293,055 FY1999-2000 1,087,682 Total $14,380,737 Reserve AnalysE: General Fund Reserve requirement adopted 4/5/00: General Fund Balance as of 5/31/00. Available Funds: Unrestricted Pooled Cash & Investments available for current year *xpenscs in all funds: Includes unrestricted funds maturing within the current fiscal year) $2,000,000 $8,878,793 $13,203,435 General FundLoansReceivable: Hakone Foundation # Maturity Principal Rate Date Term $162,401 6.500% 03/01/2004 3,650 NOTES: DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account * FDR = The Financial Directory rating is based on cgmputer analysis of prime fmancials reported quarterly by the institutions to thc Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. **Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company. # This loan is noted for memorandum purposes only. Thc loan is amortized per the agreement with thc Hakone Foundation. No payments arc received. This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing assets (notes receivable) arc listed above. Debt service reserve funds held by trustees arc restricted pursuant to indenture covenants and have been excluded from this report. Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance wiih the adopted investment poli~y, and there arc adequate resources to meet anticipated pool expenditure requirements for thc next six months. Approved by: 9/21/00 (Unaudited Results) 08-OOREPO.xls SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 ORIGINATING DEPT: Community Dev. PREP ARE D BY: AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Planning Commission Actions, September 27, 2000 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission action minutes of August 9, 2000. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission ACTION MINUTES SARATOGA PLANNING COMMISSION DATE: PLACE: TYPE: Wednesday, September 27, 2000 - 7:30 p.m. Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL PRESENT: ABSEN-r: STAFF: Chairman Page, Commissioners Barry, Bernald andJackman Commissioner Patrick, Kurash and Roupe Director Walgren and Jones PLEDGE OF Al 1 FGIANCE MINUTES- None ORAL COMMUNICATIoNs REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 22. 2000. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR DR-99-042 (397-28-028) - BLACKWELL PROPERTIES, Lot 52, Alta Vista Avenue; Request for Design Review approval to construct a 2,256 square foot two-story residence on a vacant lot. Maximum height proposed is 22 feet. An 800 square foot basement is also proposed. The parcel is 9,580 square feet and is located within an R-l-12, 500 zoning district. (CONTINUED 4-0 TO 10/25/00) DR-99-043 (397-28-028) - BLACKVqELL PROPERTIES, Lot 53, .Alta Vista Avenue; Request for Design Review approval to construct a 2,189 square foot two-story residence on a vacant lot. Maximum height proposed is 22 feet. An 819 square foot basement is also proposed. The parcel is 8,721 square feet and is located within an R-l-12, 500 zoning district. (CONTINUED 4-0 TO 10/25/00) o DR-99-053 (397-28-047) - BLACKVgELL PROPERTIES, Lot 54, Alta Vista Avenue; Request for Design Review approval to construct a 2,242 square foot two-story residence on a vacant lot. Maximum height proposed is 22 feet. A 637 square foot basement is also proposed. The parcel is 11,200 square feet and is located within an R-l-12, 500 zoning district. (CONTINUED 4-OTO 10/25/00) PLANNING COMMISSION ACTION MINuTES SEPTEMBER 27, 2000' 'PAGE2 DR-00-027 (386-54-048) - TEAGLE, 12400 De Sanka Avenue; Request for Design'Review approval to construct a 1,288 sq. ft. addition, including a 1,198 square foot second story, to an existing 1,987 square foot single story residence. Maximum height proposed is 23 feet. The parcel is approximately 11,250 square feet and is located in an Ri-10,000 zoning district. (CONTINUED 4-0 TO 10/11/00) DR-00-026 (503-27-028) = LIN, 14260 Elva Avenue; Request for Design Review approval to demolish an existing 1,340 square foot single_story residence and construct a new 2,664 square foot two-story residence in its place. Maximum height proposed is 23 feet. The parcel is 7,500 square feet and is located within an R-l-10, 000 zoning district. APPROVED 4-0 PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Thursday before the meeting. DR-99-0i4 (503-29-057) - CHANG, 22005 Dorsey Way; Request for Design Review approval to demolish an existing 3,317 square foot residence and construct a new 4,203 square foot, two- story residence on a 40,032 square foot parcd. Maximum height proposed is 26 feet. The parcd is' 16cated within an R-i-40,000 zoning district. (CONTINUED FROM 7/26/00) APPROVED 4-0 DR-00-025 (397-07-035) - MAESUMI, 15141 Sobey Road; Request for Design Review approval for the demolition of an existing 2,713 square foot, single story residence and the construction of a new 5,375 square foot, two-story residence with a 1,737 square foot basement. The site is 43,476 square feet and is located within an R-i-40,000 zoning district. (CONTINUED FROM 8/9/00) APPROVED 3-1 (BERNALD OPPOSED) SD-00-002 (397-21-022) - HOWELL & MCNEIL DEVELOPMENT, LLC, 20251 Saratoga- Los Gatos Road; Application for Subdivision apprOval and adoption of a Negative Decla?ation to split an existing 3.7 acre lot into five lots. The parcel is located within an R-i-20,000 zoning district. (CONTINUED FROM 8/9/00) APPROVED 4-0 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 ORIGINATING DEPT: Community Dev. PREPARED BY: C~i"~~ AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Planning Commission Actions, September 27, 2000 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: ., . Attached are the Planning Commission action minutes of August 9, 2000. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission ACTION MINUTES SARATOGA PLANNING COMMISSION DATE: PLACE: TYPE: Wednesday, September 27, 2000 - 7:30 p.m. Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL PRESENT: ABSENT: STAFF: Chairman Page, Commissioners Bart3,, Bernald andJackman Commissioner Patrick, Kurash and Roupe Director Walgren and Jones PLEDGE OF Al I FGIANCE MINUTES- None ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 22, 2000. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR DR-99-042 (397-28-028) - BLACKWELL PROPERTIES, Lot 52, Alta Vista Avenue; Request for Design Review approval to construct a 2,256 square foot two-story residence on a vacant lot. Maximum height proposed is 22 feet. An 800 square foot basement is also proposed. The parcel is 9,580 square feet and is located within an R-l-12, 500 zoning district. (CONTINUED 4-0'TO 10/25/00) DR-99-043 (397-28-028) - BLACKWELL PROPERTIES, Lot 53, .Alta Vista Avenue; Request for Design Review approval to construct a 2,189 square foot two-story residence on a vacant lot. Maximum height proposed is 22 feet. An 819 square foot basement is also proposed. The parcel is 8,721 square feet and is located within an R-l-12, 500 zoning district. (CONTINUED 4-0 TO 10/25/00) DR-99-053 (397-28-047) - BLACKWELL PROPERTIES, Lot 54, Alta Vista Avenue; Request for Design Review approval to construct a 2,242 square foot two-story residence on a vacant lot. Maximum height proposed is 22 feet. A 637 square foot basement is also proposed. The parcel is 11,200 square feet and is located within an R-l-12, 500 zoning district. (CONTINUED 4-0 TO 10/25/00) PLANNING CoMMIssION ACTIOf,/' MINUTES SEPTEMBER 27, 2000 PAGE2 DR-00-027 (386-54-048)- TEAGLE, 12400 De Sanka Avenue; Request for Design Review approval to construct a 1,288. iq. ft. addition, including a 1,198 squ~re foot second story, to an existing 1,987 square foot single story residence. Maximum height pi;oposed is 23 feet. The parcel is approximatdy 11,250 square feet and is located in an Ri-10,000 zoning' district. (CONTINUED 4-0 TO 10/11/00) o DR-00-026 (503-27-028) - LIN, 14260 Elva Avenue; Requesrfor Design Review approval to demolish an existing 1,340 square foot single story residence and construct a new 2,664 square foot two-story residence in its place. Maxir~iam height proposed is 23 feet. The parcel is 7,500 square feet and is located within an Rd-10, 000 zoning district. APPROVED 4-0 PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited tO raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered' to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission;s information packets, written communication should be filed on or before the Thursday before the meeting: ° DR-99-014 (503-29-057) - CHANG, 22005 Dorsey Way; Request for Design Review approval to demolish an existing 3,317 square foot residence and construct a new 4,203 square foot, two- story residence on a 40,032 square foot parcd. Maximum height proposed is 26 feet. The parcd is located within an R-I-40,000 zoning district. (CONTINUED FROM 7/26/00) APPROVED 4-0 ° DR-00-025 (397-07-035) - MAESUMI, 15141 Sobey Road; Request for Design Review approval for the demolition of an existing 2,713 square foot, single story residence and the construction of a new 5,375 square'foot, two-story residence with a 1,737 square foot basement. The site is 43,476 square feet and is located within an R-i-40,000 zoning district. (CONTINUED FROM 8/9/00) APPROVED 3-1 (BERNALD OPPOSED) ° SD-00-002 (397-21~022) - HOWELL ~r MCNEIL DEVELOPMENT, LLC, 20251 Saratoga- Los GatoS Road; Application for SubdMsion approval and adoption of a Negative Declaration to split an existing 3.7 acre lot into five lots. The parcel is located within an R-i-20,000 zoning district. (CONTINUED FROM 8/9/00) APPROVED 4-0 ' SARATOGA CITY COUNCIL MEETING DATE: ORIGINATING DEPT: Public Works PREPARED BY: October 4, 2000 AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Final Map Approval for two lots located at 14906 Sobey Road. Owner: James Jean. RECOMMENDED ACTION(S): 1. Move to adopt Resolution No. SD 99-004 granting final map approv, al of Tentative Map Application No. SD 99-004 for two lots located at 14906 Sobey Road. REPORT SUMMARY: Attached is Resolution No. SD 99-004 which, if adopted, will grant final map approval for two lots located at 14906 Sobey Road. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 99-004, have been completed or will be completed concurrent with development of the two lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, the City Surveyor's certificate has been executed on the final map and the final map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. FISCAL IMPACTS: The subdivider has paid $1,756.25 in Engineering Fees and $9,315 in Park Development Fees required for this subdivision. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings stating why the map was rejected. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Site Map. 2. Parcel Map. 3. Resolution No. SD 99-004 granting final map approval. 4. Planning Commission Resolution No. 99-004 approving the tentative map' with conditions. SITE MAP ApPlicant No./Location: Applicant/Owner: Staff Planner: Date: APN: SD-99-004 & V-99-008; 14906 Sobey Road JEAN Christina E. Ratcliffe, Assistant Planner May 10, 2000 397-04-060 · Department Head: 14906 Sobey Road North RESOLUTION NO. SD 99-004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 99-004 14906 SOBEY ROAD (JEAN) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: TWo parcels as shown on that certain Parcel Map prepared by Westfall Engineers, . Inc., dated June, 2000, and filed with the City Clerk of the City of Saratoga on October 4, 2000, are approved as TWO (2) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public 'use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utilitY purposes along or beneath Laid street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the ~ day of ,20 , by the following vote: AYES: NOES: ABSENT: ABSTAIn: ATTEST: Stan Bogosian,.Mayor Cathleen Boyer, City Clerk APPROVAL OF RESOLUTION NO. SD-99-004 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA JEAN: 14906 Sobey Road Acknowledged. Acknowledged. WHEREAS, application has been made to the Advisory Agency under thc Subdivision Map Act of the State of Califorma and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval to subdivide one existing parcel into txvo single-family residential parcels, all as more pamcularly set forth m File No. SD-99-004 of this City; and WHERF4CS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific regulations rdarmg thereto, and the proposed subdivision and land use is compatible with the objectives, policies, and general land usc and programs specified in such General Plan, reference to the Staff Report dated May 10, 2000 being hereby made for further particulars; and WHF2,F. AS, none of the conditions set forth in Government Code Sections 66474 (a) - (g) and 66474.6 exist with respect to said subdivision] and tentative approval should be granted in accord with conditions as hereinafter set forth; and WI-IF_Kr~, the Planning Commission has conducted a duly noticed public hearmg at which time all interested parries were given a full opporrurdry to be heard and present evidence; THEREFORE BE IT RESOLVED: that the Tentative Parcel Map for the hereinafter described subdivision, which map is dated June 4, 1999 and is marked Exhibit UA" in the hereinafter referred file, be and the same is hereby conditionally approVed. The conditions of the said approval are as fo]lows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Jean for Subdivision approval be and the same is hereby granted subject to the following conditions: PLANNING 1. The development shall be located and constructed per Exhibit "A", incorporated by reference. 2. All conditions Of V-99-008 shall be adhered to. File No. SD-99-004 6z ¥-99-008:JEAN: 14906 Sobey Road Deferred to redevelop- ~nt of residential )erty. Acknowledged. Completed.. Map submitted. Fees paid. Provided on Final Map. N/A FrRE D~sTmcT Prior to Final Map approval, applicant shall legalize the cottage as an exisUng second unit or remove the kitchen and laundry fac/lities in order to convert it to a guest house· Future development on both lots shall adhere to the then current Zoning Requirements. Future hbmes shall be sited and designed to minimize the amount of · pad grading necessary and the removal of ordinance-protected trees. No Conditions Ptm/_ic WORKS 5. · Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property comer locations, either found or set. The submitted map shall also show monuments set at each new comer location, angle point, or as directed by the City Engineer, all in conformity w/th the Subdivision Map Act and the Professional Land Surveyors Act. 6. The owner (applicant) shall submit four (4) copies of a Final Map in substantial ' conformance with the ,approved Tentative Map, alOng with the additional documents required by Section 1,4-40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information requ/red in Section 14-40.030 of the Municipal Code and shall be accompanied by the folloxving items: a. One copy of map cftccking calculations. b. Preliminary Tide Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each m~ap referenced on the Final Map. ct One copy of each d6cument/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 7. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of!submittal of the Final Map for examination. 8. The owner (applicant)]shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with. the approved Vesting T~entative Map, prior to Final Map approval. 9. The owner (applicant) shall submit engineered improvement plans (if applicable) to the City Engineer inI~ conformance with the approved Tentative Map and in accordance with the design and improvement requiremdnts of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. C:\WlNDOWS~nESKTOP\Chr/stina~PC Staff ReporlsUEAN SD & V.doc File No. SD-99-004 & V-99-008: JEAN: 14906 Sobey Road N/A N/A N/A Acknowledged. Proof of provided. Provided. insurance Acknowledged. Fees paid. Acknowledged. Acknowledged. 10. 11. 12. 13. 14. 15.' 17. 18. 19. 'The owner (applicant) shall pa)' a Subdivision 'Improvement Plan Checking fec (if applicable), as determined by the Public Works Director, at the Ume Improvement Plans are subrmtted for review. The mvner (applicant) shall enter into an Improvement Agreement with the Ciu, (if applicable) m accordance with Section' 14-60.010 of the Municipal Code prior to Final Map approval. The ogmer (apphcant) shall furmsh Impro(,ement Securities (if apphcablc) in accordance with Section 14-60.020 of the Municipal Code m thc manner and amounts determined by the Pubhc Works Director prior to Final Map approval. Site-specific drainage improvements will be required for the undeveloped parcel (lot 1) during development of that parcel, so as no natural drainage patterns are adversdy impactec[ The owner (applicant) shall furnish a written mdemmty agreement and proof of insurance coverage, m accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. Prior to Final Map approval, the owner (applicant) shall furnish the Cit-5' Engineer with satisfactory written commitments from ali pubhc and private utiliry prmqders serving the subdivision guaranteeing the complenon of all required utility improvements to serve the subdivision. The owner (applicant) shall secure all negessary permits Dom the CitT and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City.shall be provided to City Engineer. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final improvement plans (i.e., site preparation and grading, site drainage improvements and design parameters for building foundations and driveway) to ensure that the plans, specifications and details aceurately reflect the consultants' recommendations. C:\WINDOWS~DESKTOP\Christina~PC SlaffReportSuEAN SD & V.doc File No. SD-99-004 & V-99-008:JEAN: 14906 Sobey Road ACknowledged. Acknowledged. Acknowledged. Fees paid. Hold Harmless Agreement signed Acknowl~edged. Acknowledged. 20. 21. We note that Note 6 on Sheet 2 states, ~surface drainage...shall continue to dram m northeasterly direction..." It appears Dom. the plan that the drainage direction should be to the northwest. 'l:he Project Geotechmcal Engineer shall correct this comment as part of the plan review. The results of the plan review shall be summarized by the Project Geotechnical Engineer m a letter and submitted, along with the final Graclmg and Drainage Plan, to the City for review and approval by the Cit'), EmW-neer and City Geotechnical Consultant prior to issuance of a Grading.Permit. The plan rexqew letter shall specify that a capillary break shall be constructed beneath thc entire structure (including the garage). The Project Geotechnical Engineer shall respect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be lLrnited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, piers and retaining wails prior to the placement of fill, steel and concrete. 22. 23. 24. The results of these inspections and the as-built conditions of the project shall be described by the geotechmcal consultant in a letter and submitted to the City Engineer for review and approval prior to Fi_nal~Tation of Grading penmt. The owner (applicant) shall pay any outstanding fees associated with the Cit-y Geotechnical Consultant's review of the project prior to Zone Clearance. The owner (applicant) shall enter into agreement holding the Cit-), of Saratoga harmless fi'om any claims or liabilities caused by or arising out of soil o'r slope instability, slides, slope failure or other soil related and/or erosion related conditions. CITY ATTORNEY 25. 26. Applicant agrees to hold City harmless from ali costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City m connection with City's defense of its actions m any proceeding brought m any State or Federal Court, challenging the City's action with respect to the applicant's projectl Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day - of the violation. C:\WINDOWS~DESKTOP\Christina~PC Staff ReponzUEAN SD & V.doc File No. SD-99-004 6z V-99-008:JEAN: 14906 Sobey Road Acknowledged. Acknowledged. Acknowledged. Section 2. Construction must be commenced within 2;; months or approva/xv/ll expire. Section 3. ALl applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of thc Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Cormmssion. State of California, th/s l0th day of May 2000 by the following roll call vote: Commissioners Barry, Bernald, Roupe and Chairman Page No~: None Jackman, Kurasch, Patrick, ABSENT: None ABSTAIN: None C:\WINDOWS%DESKTOP\Chns~ina~PC Stuff ReporlsUEAN SD & V.doc ~SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 ORIGINATING DEPT: Public Works PREPARED BY: ~~~ AGENOAITEM: 1~ CITY MANAGER: ~4~~~ SUBJECT: Summary vacation of remaining portion of Esterlee Avenue RECOMMENDED ACTION(S): Move to adopt the resolution vacating the remaining portion of Esterlee Avenue. REPORT SUMMARY: The City has been requested by the owners of 14440 Esterlee Avenue to abandon the street for specific reasons authorized by the Streets & Highways Code. Staff has reviewed the request and has determined that the criteria for summary abandonment are satisfied and that the Council can act on the request by adopting the attached resolution. The resolution sets forth the findings for causing a summary abandonment of the street and if adopted, would cause the remaining portion of Esterlee Ave. to be absorbed by the four abutting property owners. In addition to the property owner requesting the street vacation, the other property owners are also in favor of the request. Esterlee Avenue, formerly known as Sage Street, appears on the old subdivision maps of Saratoga Village. As depicted on the maps, the street was to connect Canyon View Drive to Springer Ave. However, the street was never improved and at some point in time before the City was incorporated, the County of Santa Clara formally abandoned the eastern half of the street. All of the utility agencies, which could potentially have any interest in preserVing Esterlee Ave., have been notified of the' potential abandonment, and none have expressed any opposition to it. There are no existing or planned utility facilities along the street, the public has never utilized the street, and the City has never expended any funds, to maintain the street. In light of these facts, it is recommended that the Council adopt the 'attached resolUtion to summarily abandon the remaining portion of Esterlee Ave. FISCAL IMPACTS: The property owner requesting abandonment of the street has fully reimbursed the City for all costs associated with the processing of the request. Additionally, abandonment of the street may reduce the City's exposure to certain liabilities in connection with unimproved streets. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Street would not be abandoned. The City Council is not compelled to approve the request and may opt to maintain the status quo instead. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The resolution will be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing in addition to the notification of the effected property owners. ATTACHMENTS: 1. Resolution of summary abandonment with exhibits. 2of3 ; / RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION NO. RESOLUTION OF SUMMARY VACATION OF A PORTION OF A STREET (ESTERLEE AVENUE - FORMERLY SAGE DRIVE) Affecting portions of the following properties: APN 503-28-073 (Esterlee Avenue) APN 503-28-072 (21020 Canyon View Drive) APN 503-26-040 (14440 Esterlee Avenue) · APN 503-26-002 (14436 Esterlee Avenue) WHEREAS, application has been made to City on behalf of the owner of property generally known as 14440 Esterlee Avenue (formerly Sage Drive)(APN 503-26-040) for summary vacation of a portion of Esterlee Avenue adjacent to said property as a public street; and WHEREAS, Streets and Highways Code S8330, et seq. authorizes summary vacation of a street or highway if certain criteria are met; and WHEREAS, the Director of Public Works has determined that the portion of Esterlee Avenue requested to be abandoned meets these statutory criteria for summary vacation, to wit: For a period of five consecutive years, the street has been impassable for vehicular travel and no money has been expended for maintenance on the street during such period; NOW, THEREFORE, Be it Resolved By The City Council of The City of Saratogaas follows: The portion of the street known as "Esterlee Avenue" (formerly Sage Drive), shown on that map attached hereto as Exhibit A and described in Exhibit B incorporated herein by reference is hereby summarily vacated. 2. The summary vacation of the subject portion of Esterlee Avenue (formerly Sage Drive) is made pursuant to Streets and Highway 3. The facts under which the summary vacation is made are: (a) The street has been impassable for vehicular travel for a period of five ~'ears, during which period no public moneY has been expended for maintenance on the street. From and after the date of this recordation of the resolution in the office of the Santa Clara County Recorder, the subject portion of Esterlee Avenue (formerly Sage Drive) as shown on Exhibit A and described in Exhibit B, vacated by this resolution, shall no longer constitute a public street. 5. The reversion interests resulting from this summary vacation are described in Exhibit C attached hereto. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of ,2000, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Stan Bogosian, Mayor Attest: Cathleen Boyer, City Clerk EXHIBIT 'A' .--~. i . / ~0 ~- .30' ~. '~!-- ,m .I. ~ S N %~ . ~' April 17, 1956 ' 4 ~'R6~~ ~ . '. ~_~~ ~ ~ . / . ~ ~ / / ~ APN: 503-26-040 /' dACKLIN ,- ' Map. No 2 of the Mary Springer Tra~t K Maps 33 ~ May 4. 1905 ESTERLEE. AVENUE This 'Plat prepared by me. 7974 PUMPKIN .DRIVE CUPERTINO CA 95014 (408) 257-8210 STRFF~ VACATI!. DATE: SCALE: 1''~ 50 EXHIBIT "B" A 40 foot wide street Vacation of a portion of Esterlee Avenue and a 103.62 foot street 40 foot wide appendage from and extending Westerly from Esterlee Avenue, within the City of Saratoga. All that certain real property situate within the City of Saratoga, County of Santa Clara, State of California, being public streets to be vacated consisting of that portion of Esterlee Street. 40 foot wide. lying between Canyon View. Drive, on the North, Sage Avenue as Vacated by County of Santa Clara by Resolution dated November 19, 1951, on the South, and that certain 40 foot street appendage extending from that certain monument designated as R6 Westerly to terminate at that certain monumem designated as RT, on the West, as said monuments are shown on the Map No. 2 of the Mary. Springer . Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Rec6rder of the County of Santa Clara, State of California, said streets to be Vacated being more particularly described as follows: BEGINNING at a monument designated as-R7 on Map No. 2 of the Mary Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara. State of California, said monument R7 being also shown on the map of Tract No. 1318. Wildwood Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Northerly, from the Point of Beginning, North 01 °48'00"West for a distance of 20.00 feet; THENCE Easterly, North 88° 12'00"East for a distance of 68.58 feet to the Westerly line of Esterlee Avenue; THENCE Northerly, along the Westerly sideline of Esterlee Avenue as 'said Avenue is shown on said Tract No. 1318, North 03°28'00"West for a distance of 71.74 feet to a non-tangent curve on the Southerly sideline of Canyon View Drive, 60 foot wide: THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North ' 36°52'50"East having a Radius of 105.00 feet, a central angle of I7°32'50- and an arc length of 32.16 feet to a point of tangency; THENCE Northerly, North 19°20'00'East for a distance of 59.94 feet to a point on the Easterly sideline of said Esterlee Avenue, 40 feet w~de, said point being South 03°28'00'East a distance of 25.80 feet from the North corner of Lot 93 as said Lot is shown on said Map No.2 of the Mary Springer Tract; THENCE southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03 °28'00'East for a distance of 152.16 feet to the South comer of said Lot 93 as, shown on Map No. 2 of the Mary Springer Tract; THENCE Southwesterly, along the Southwesterly prolongation of the SoutheasterlY line of said Lot 93 South 30°06'00"West for a distance of 20.41 flint to a point that is on th~ Northwesterly prolongation of the centerline of former Sage Avenue being distant thereon North 48°28'00'West a distance of 8.71 feet from a monument designated as R6 as said monument is shown on said Map No. 2 of the Mary Springer Tract; THENCE SoutheasterlY, South 48°28'00"East for a distance of 8.71 feet to said monument R6: THENCE Westerly, South 88°12'00"West for a distance of 10.06 feet to a point on the Southwesterly prolongation of the Southeasterly line of said Lot 93; THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93. South 30°06'00'West for a distance of 13.36 f~et to a point on the Northwesterly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide: THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to point that is point of intersection of the said Southwesterly sideline of former Sage Avenue and the Southerly sideline of the 103.62 feet street, 40 feet wide; THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide. South 88°12'00'West for a distance of 96.11 feet;. . THENCE Northerly, North 01 °48'00'West for a distance of 20.00 feet to R7, the Point of Beginning. Containing therein 8220.649 square feet of land, more or less. This descrij~finn prepared by me. ¢ +:' ."'. i. u.~,,,, -~,~ Warren E. McDowell ''' Land SurveYor No~ 3414 EXHIBIT "C" The reversionary interests of the four adjoining property owners have been provided here in Parcel 1, 2, 3, and 4, the effective date of reversion shall be the date upon which the mreet vacation is filed for record in the office of the Recorder of the County of Santa Clara. PARCEL 1 All that certain real property situate w{rhirt the City of Saratoga, County of Santa Clara. State of 'California, being a public easement for street purposes which is being herewith vacated by the City of Saratoga the subject' lands described as Parcel I shall revert to that certain parcel of land designated as APN: 503-28-073, now or formerly owned by Saratoga Oaks Ho~neowners Association, Inc.. the reversion is in accord with the original property lines which have controlled the neighborhood, and being more particularly described as follows: BEGINNING at a monumem designated as' R7 on Map No. 2 of the Mary Springer Tract filed May 4. '1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara, State of California, said monument R7 being also shown .on the map of Tract No. 1318, Wildwood Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Easterly,· from the Point of Begivnlng, along the centerline of the 103.62 feet street, · North 88° 12'00"East for a distance of 94.00 feet to a point on the Southwesterly prolongation of the SOUtheasterly line of said Lot 93; THENCE Southwesterly, along said Southwesterly prolongation qf the Southeasterly linc of Lot 93, South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide; THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to point that is point'of intersection of the said Southwesterly sideline of former Sage Avenue and the Southerly sideline of the 103.62 feet street, 40 feet Wide; THENCE Westerly, along the said Southerly sid_eline of the 103.62 feet street. 40 feet wide, South 88°12'00'West for a distance of 96.11 feet; THENCE Northerly, North 01 °48'00'West for a distance of 20.00 feet to R7, the Point of Beginning. Containing therein 1818.425 square feet of land, more or less. PARCEL 2 All that certain real property situam within the City of Saratoga, County of Santa Clara. State of California, being a public casement for street purposes which is being herewith vacated by the City of Saratoga the subject lands d~xcribed 'as Parcel 2 shall revert to that certain parcel of land designated as APN: 503-26-040, now or formerly owned by Nadejda Gredassoff. the reversion is in .accord with the original property lines which have controlled the neighborhood, and being more par- ticularly described as follows: BEGINNING at a point that is the South corner of Lot 93 as shown on Map No. 2 of the Mary. Springer Tract filed May 4, 1905 in the office of the Recorder of the County of Santa Clara. State of California; THENCE Southwesterly, from .the Point of Beginning, along the Southwesterly:Prolongation of the Southeasterly line of said Lot 93 South 30°06'00'West for a distance of 20.41 feet to a point that is on the Northwesterly prolongation of the centerline of former Sage Avenue being distant thereon North 48°28'00"West a distance of 8.71 feet from a monument designated as R6 as said monument is shown on said Map No. 2 of the Mary Springer Tract: THENCE southeasterly, South 48°28'00'East for a distance of 8.71 feet to said monument R6: THENCE Westerly, South 88° 12'00"West for a distance of 14.88 feet to a point that is the intersection point on the line betWeen the monuments designated as R6 and R7 as shown on said Map No. 2 of the Mary Springer Tract and the Southerly prolongation of the centerline of Esterlee Avenue; THENCE Northerly, along thC'said centerline of Estcrlec Avenue North 03 °28'00"West for a distance of 125.69 feet; THENCE Easterly, North 86*32'00'East for a distance of 20.00 feet to a point that is distant South 03°28'00"East a distance of 75.00 feet from the North-corner of said Lot 93 as shown on Map No. 2 of the Mary Springer Tract; THENCE Southerly, along the Easterly sideline of Esmrlee Avenue, 40 feet wide. South 03 °28'00'East for a distance of 102.96 feet to the South corner of said Lot 93, said also being thc Point of Beginning. Containing therein 2372.765 square feet of iand~ more or less. PARCEL 3 All that certain real property simag~ within ~ City of Saratoga. Count. of Santa Clara. Srm. e of California, being a public easement for street purposes which is being herewith vacated by the City of Saratoga the subject lands described as Parcel 3 shall revert tO that certain parcel of land designated as AlaN: $03-26-002, now or formerly owned by Phillip D. Jack. lin. the reversion is in accord with the original property lines which have controlled the neighborhood, and being more par- ticularly described as follows: BEGINNING at a point on the Easterly sideline of Esterlee Avenue~ 40 feet wide. said said point being distant thereon South 03°28'00"East a distance of 75.00 feet from the North comer of Lot 93 as said Lot is shown on Map No. 2 of the Mary Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the .Recorder of the County of Santa Clara, State of California; - THENCE Westerly, South 86°32'00"West for a distance of 20.00 feet to a point on the cemerline of Esterlee Avenue as shown on said Map No. 2 of the Mary Springer Tract; ' THENCE Northerly, along said centerline of Esterlee Avenue,' North 03°28'00'West for a 1.62 feet to the intersection of said centerline and the SoutheasterlY sideline of Canyon View Drive, 60.00 feet wide, as Canyon View Drive is shown on the map Tract No. 1318 filed in April 17 1956 in Book 68 of MaPs at pages 16 &17 in the office of the Recorder of the County of Santa Clara, State of California; ' THENCE Northerly, North 19°20'00"East for a distance of 51.61 feet to a point on the Easterly sideline of said Esterlee Avenue, 40 feet wide, 'said point being South 03 °28'00"East a distance of 25.80 feet from the North corner of Lot 93 as said'Lot is shown on said MaP No.2 of the Mary Springer Tract; THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03°28'00"East for a d~f 49.20 feet to the Point of Beginning." Containing therein 508.123 square feet of land, more or less.' PARCEL 4 Ail thnt certain real property situate wjthi~ th~ City of Saratoga, County of Santa ~ Srnr~ of California, being a public easement for street purposes which is being herewith vacated by the City. of Saratoga the subject lands descn'bed as Parcel 4 'shall revert to th~? ~ertaia parcel 6f land designated as APN: :503-28-072, now or formerly owned by James N. & Louise A. Wholey. the reversion is in accord with the original propen7 lines which have controlled the neighborhood, and being more particularly described as follows: BEGINNING at a monument designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4. .1905 in Book K of Maps at page 33~qt the office of the Recorder of the County of santa Clara. State of California, said monument R?~oeing also shown on the map of Tract Nol 1318, Wildwood Heights, filed April 17, 1956 ia Book 68 of Maps at pages 16 & 17 ia the-..'office of the Recorder of the County of Santa Clara, Sram of Califoraia; THENCE Northerly, from the Point of Beginning, North 01 °48'00"West for a distance of 20.00 feet; THENCE Easterly, North 88012'00"East for a distance of 68.58 feet to the Westerly line of Esterlee Avenue; THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue is shown on said Tract No. 1318, North 03°28'00'West for a distance of 71.74 feet to a non-tangent curve on the Southerly sideline of Canyon View Drive, 60 foot wide; THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North 36°52'50"East having a Radius of 105.00 feet, a central angle of 17032'50' and an arc length of 32.16 feet to a point of tangency; THENCE Northerly, North 19°20'00"EaS ,t~._.or a distance of 8.33 feet to a point that is ~ intersection of the Southeast~iy line ,~Ll~said Canyon View Drive and the centerlin~' bf of Esterlee AvenUe, 40 feet wide, as shown on Map No. 2 of the Mary Springer Tract; THENCE Southerly, along the centerline of Esterlee Avenue, 40 feet wide, South 03°28'00~'East for.a distance of 127.30 feet to a point that is the intersection of the centerline and its prolongation of said Esterlee Avenue and the centerline of the 103.62 feet street; THENCE Westerly, along the centerline of the 103.62 feet street, 40 feet wide, South 88°12'00'West for a distance of 89.17 feet to the Point of Beginning. Contnining therein 3521.301 square feet of land, more or less. These descriptions prep _a~-ed by me. Land Surveyor No. 3414 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 DEPT: Community Development PREPARED BY: AGENDA ITEM: CITY MANAGER: SUBJECT: Update of the City's General Plan Circulation and Scenic Highway Element. RECOMMENDED ACTION: Review the corrected pages of the final document and adopt the attached Resolution approving the environmental Negative Declaration and adopting the updated Circulation and Scenic Highway Element of the City's General Plan. REPORT SUMMARY: Community Development Department staff has updated the Circulation and Scenic Highway Element of the City's General Plan. This document will act as the City's long-range traffic management plan. It was last updated in 1983. The update is intended to assess existing traffic conditions and to develop a goals and policies document to address changed conditions. An environmental initial study and subsequent Negative Declaration have been prepared for this project pursuant to the California Environmental Quality Act guidelines. The initial study concludes that the Element update will not result in significant adverse impacts on the environment. Staff began this project last Fall 1999 with advertised community workshops. The draft Element was then readied and presented to the Public Safety Commission at two successive meetings and the Planning Commission at four public meetings. Both Commissions's voted to recommend approval of the documents to the City Council. The City Council reviewed draft copies of the environmental initial study and the Circulation and Scenic Highway Element at the September 20 meeting and, following discussion, voted unanimously to approve the document with the following changes: · Emphasize that school bussing programs are preferable to all other road improvement recommendations as a means to manage school generated traffic. -- · Make it clear in the document that school traffic and Safe Routes to Schools recommendations are referring to all schools and school districts in Saratoga. · Technical corrections/clarifications were made to the Level Of Service tables. The corresponding corrected pages are attached. Final copies of the Circulation and Scenic Highway Element will be given to the City Council at the October 4 meeting. FISCAL IMPACTS: None at this time. Specific Circulation and Scenic Highway Element policies may result in capital project funding decisions in the future. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Circulation and Scenic Highway Element update would not be adopted and the current Element would remain in effect. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of the proposed General Plan amendment and Circulation and Scenic Highway Element update and the environmental Negative Declaration has been published in the Saratoga News and has been mailed to all adjoining jurisdictions, all regional traffic management agencies, all local service providers and the State Office of Planning and Research. OPR serves as the regional clearinghouse to further distribute notification of the project to interested agencies. In addition to this noticing, announcements were mailed to subscribers of the City Council and Planning Commission agendas, homeowners associations, all City Commissioners, community and business groups, school boards and clergy. Several articles and News Brief announcements have also been published in the Saratoga News for this project since last Fall. Lastly, an announcement was mailed to every household in Saratoga via the City's newsletter encouraging residents to attend the September 20, 2000 City Council meeting and to share their comments. ATTACHMENTS: 1. Corrected pages of the Circulation and Scenic Highway Element 2. Approval Resolution 2 of 2 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures TABLE 2 Existing Intersection Levels of Service~ Intersection Traffic Control Peak Hour Delay' i LOS'· #1 Saratoga-Sunnyvale Rd./Prospect Rd. Signal AM 29.6, i - D PM 22.8 C #2 Miller Ave./Prospect Rd. Signal AM 17.9 C PM 18.6 C "~'~'"" ~ii~iii~'~ a:'~ii~ai~"X~;~'D~'X{;~'[ ...................................................... ~'i-gsiiii'"i ................................. =X~ ........................................ i'll'j9 ~': ................... PM 15.9 C+ '~-~ ~i~'~ ~"×'i;~.?~V~F- ............................... 'g~ii'~ ..................... X-10t ............................... ~'3'~0~ ........................... PM 24.2 C- #5 Quito Rd./Cox Ave. Two-Way Stop AM 2.1 (>:60) A (F) PM 10.2 (>:60) . C '~"Qiii~'"~a~"×i;~ ~¥'~:~'"g~i~ ~ ~i~ X ................ PM 2.2 A ~;i~i~,~'~"X~i'~'"~'~'~ ................................................................................................... i'~'i~ii~i ~'"'"'": .................................... i'~'7i ................................. ~:~ ............. PM 17.3 C ~ "'S~'i~i5~' ×~'2g~'"'~" ~ ~ : ..................................................................... ~i~ii'~ .................................. :'"'"'""×~' f~. i i ......... ~ ................... PM 16.8 ! C+ ~9'"'"g~;~'~'"×~;'~i~ii~J~ ...................................................................... ~""~ "'"'"gi~iiii' ................................................ ~ ............................... .............. f'~'3': ................... PM 8.1 ~ B # 10 Saratoga Ave./Scotland Dr. Signal AM 13.3 i B- PM 11.2 B # 11 Saratoga Ave./Fruitvale Ave. Signal AM 40.8 E+ PM 29.2 D '"~'[~'""~iii'~' ~;'~]'?~']~'i~]'~"X~;'~'i .......................................................................................................................... Signal .......................... ............................ AM 19.0 C PM 15.7 C+ · : i PM 12.0 B '~:i'd" 'QtiiiiS'"P(ci'5~6iiiii:a"R~dl ~i~iiiii ~ .................. X~ ~]'~ i5 ............. i PM 15.9 C+ '"~'f'~'"-'giiiii~'i'i:'gii~ii'~'"~a~7~i~iiS~i"×i;~ ............................... ~i'i'iiii' ...................... } ................. ×~ ................................... ~'8~ ............................. 15 ................... · ~ PM' 28.3 D PM 11.5 B -gl~es?r OI~erations based on traffic counts obtained in 1998 and 1999. - Average ·stopped delay per vehicle in seconds for signalized intersections and average total delay per vehicle in seconds for unsignalized intersectidns. Reported delay and LOS at unsignalized intersections is for overall intersection, with delay and corresponding LOS for worst-case movement shown in parentheses. LOS = Level of service. Calculations performed using TRAFFIX program. The results in Table 2 show that all of the intersections are currently operating at LOS D or better during both the AM and PM peak hours with one exception. The intersection of Saratoga Avenue/Fruitvale Avenue is operating at LOS E in the AM peak hour according to the operations analysis. This deficiency is primarily caused by the substantial traffic demand generated by West Valley College. In general, field observations conducted in October 1999 corroborate the results of the level of service calculations. However, observations show that lengthy queues form on southbound Saratoga Avenue north of the SR 85 interchange during the Fehr & Peers Associates, Inc. Page 12 · Attachment-1 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures III. OTHER CIRCULATION ISSUES In addition to the transportation facilities and services described in Chapter II, the circulation-related issues in this chapter will be used to formulate policies in the Circulation and Scenic Highway Element update. Traffic Calming As noted in Chapter II, some local streets have experienced increases in traffic resulting from changes in travel patterns due to the construction of SR 85. For example, residents in the Prides Crossing neighborhood have indicated that Miller Avenue has had a problem with increased traffic since SR 85 opened in 1994. The need and feasibility of installing traffic calming measures to discourage the amount of through traffic on Miller Avenue will be investigated. Other problems such as speeding (e.g., on Pierce Road and Seagull Avenue) are also potential candidate streets for calming measures. Traffic calming measures are the focal point of overall neighborhood traffic management. Suggested Routes to 'School As noted in ChaPter II, the rural planning principles employed in Saratoga include not constructing sidewalks on many local residential streets to reduce the amount of impervious surface and to maintain a high. level of visual quality. Given the relatively low traffic volumes on most streets, the combination'of pedestrian and vehicle traffic in the roadway does not typically regult in problems. However, 'many parents of elementary school-age children do not permit their children to walk to school because of potential vehicle-pedestrian conflicts. Painted crosswalks at some intersections help to delineate the desired path for students walking between various neighborhoods and their school. Thus, many students are driven to and from school, and the result is increased congestion and delay. These factors contribute to .an increase in the vehicle-pedestrian conflict potential, especially in the immediate vicinity of the school. Although the school district has been actively participating in efforts to increase rideshadng to reduce overall traffic volumes at elementary schools, additional measures will be necessary to decrease the number of students driven to school. Part of the problem may be that many parents are unaware of route options their children could use to get to and from school. Some routes include streets with traffic control devices that make drivers more aware of other vehicular and pedestrian traffic. For example, students crossing at a stop sign-controlled intersection is preferable over crossing at an uncontrolled location. The £aratega Unien Szhea! District b. as Smt0ga (S~ato~mog; ~emno ~d~;~e~vm~gs~pn~ate;~schools~have not. focally adopted a Suggested Routes to School Pro~m. This proem would help p~ents identi~ appropriate ~avel paths for student pedes~ans and bicyclists. Implementation of such a proem could also help to reduce vehicle Fehr & Peers Associates, Inc. Page 21 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures TABLE 4 Year 2025 Intersection Levels of Service~ (Assumes No New Roadway Capacity Improvements) Intersection Traffic Control Peak Hour Delay~ LOS~ #1 Saratoga-Sunnyvale Rd./Prospect Rd. Signal AM 77.0 F PM 59.1 E- PM 29.3 D PM 30.4 D PM 151.5 F PM > 60 (> 60) F (F) #6 Quito Rd./McCoy Ave. Two-Way Stop AM i 6.3 (> 60) B (F) , Pm ~ 32(60) A(F #7 Saratoga Ave./NB SR-85 .......................................................... · PM i 22 2 C I PM i 18.1 i C PM 32.1 i D PM 37.6 ; D- PM 23.2 35:5 C,- D PM 18.3 C PM 13.1 i B- PM 18.9 C #15 Saratoga-Sunnyvale Rd./Saratoga Ave. Signal AM 27.6 D+ PM 194.0 F #16 Fruitvale Ave./Saratoga-Los Gatos Rd. Signal AM 25.4 D+ PM 12.1 B '-N'-o"~'~i'~ ~ Operations based on adjusted Year 2025 forecasts. Average stopped delay per vehidle in seconds for signalized intersections and average total delay per vehicle in seconds for unsignalized intersections. Reported delay and LOS at unsignalized intersections is for overall intersection, with delay and corresponding LOS for worst-case movement shown in parentheses. LOS = Level of service. Calculations performed using TRAFFIX program. Assumes overlap on westbound right-turn movement. Saratoga-Sunnyvale Road/Prospect Road (AM and PM peak hour) · Saratoga Avenue/Cox Avenue (AM and PM peak hour) · Quito Road/Cox Avenue (AM and PM peak hour) · Quito Road/McCoy Avenue (AM and PM peak hour) · Saratoga Avenue/Fruitvale Avenue (AM..peak hour) · Saratoga Sunnyvale Road (SR 9)/ Saratoga Avenue (PM peak hour) Fehr & Peers Associates, Inc. Page 26 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Allendale Avenue, and Saratoga-Los Gatos Road (SR 9). While pedestrians sharing the roadway with vehicles can be accommodated on local streets, pedestrians should not enter the traveled way of roads where traffic volumes and travel speeds are substantially higher. These gaps should be closed to improve pedestrian travel and safety. Enhanced pedestrian access will provide an alternative to automobile travel and will improve access to available transit facilities and services. The City completed a comprehensive study of multi-use and pedestrian trails as part of a 1991 Parks and Trails Master Plan update. The plan included existing trail easements (both developed and undeveloped) as well as the location of proposed trails'. The current plan links the population centers in Saratoga to the great scenic and open space resources available in the Santa Cruz Mountains. Although a primary function of the trail system is to provide recreational opportunities, trail links to sidewalks and low volume streets will provide a travel alternative for other purposes including shopping, school, and employment trips. The City should ensure implementation of the proposed trail system. -Suggested Routes to Schools Direct-ly related to pedestrian and bicycle travel is the issue of students traveling between their home and school. Although students in saratoga are permitted to attend any school within their district, the majority of students attend ~heir ~ neighborhood school. In most cities, the majority of students walk or bike to their local school. However, most local and collector streets do not include sidewalks except in the immediate vicinity of each school. Based on this information and recent studies at several area schools, many Saratoga students are driven to school for two reasons: 1) their residence is located beyond a reasonable walking distance, especially for students in the western and southern hills, and 2) parents perceive that the pedestrian and bicycle routes to school are dangerous because students must share the road with vehicular traffic. Increased traffic caused by student drop- off and pick-up vehicle travel further reduces safety for ihose students that do walk or bike. With the help of ALTRANS, the Saratoga Union School District has made efforts to reduce the' number of vehicles generated by each school by encouraging and coordinating carpools and providing alternative mode information to parents. These entities have also held workshops and education seminars on bicycle safety. Although the school district~~ has have the most direct contact with parents and students, the City of Saratoga should work with the ~fih schee! district to ensure that students are provided with as much information as possible regarding safe travel to and from school. Thus, the City should work with the ~ szh~l district to expand the current education efforts and prepare Suggested Route to School maps for each campus, and a Guidelines for Safe WalMng and Bicycling handbook. Each of these items is described briefly below. Suggested Route to School maps include all bicycle and pedestrian-related facilities and traffic control devices including: crosswalks, traffic signals, stop signs, paved sidewalks, and school sign Fehr & Peers Associates, Inc. Page 35 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures installations.' An example map for a 3/4- mile radius around Foothill Elementary School is included in the technical appendix. This type of map should be used by parents and students to choose the most appropriate route to school that maximizes the use of devices that control traffic and warn drivers of pedestrians. The example map is intended for informational purposes only and does not imply a guarantee of safety for any particular street or route. A Guidelines for Safe Walking and Bicycling handbook is an informational pamphlet for parents and teachers to provide guidelines for safe pedestrian and~ bicycle travel (a sample booklet is included in the appendix). It provides text and illustrations to show the correct procedures for minimizing potential conflicts with vehicles and includes suggested activities that parents can do with their children. A section for parents with tips on selecting a suggested route to school is also included. This sample booklet should be reviewed by both the school district and City staff and included as part of future student education efforts. Similar to the sample route map, the sample handbook does not imply a guarantee of safety. Parental education and supervision is a key element of a child's approach to traveling on or near roadways. Several roadways in or near the Saratoga Sphere of Influence have the potential for protection .under the State and County scenic highways programs. These facilities are described below. Local policies and programs to maintain scenic corridors within the City of Saratoga are also presented. Eligible State Highways Besides SR 9, the only other highway that is currently considered eligible for Scenic Highway designation is SR 35 from SR 9 (at Saratoga Gap) to the Santa Clara County-San Mateo County line. Since the majority of views from this segment are to the west and south, Santa Cruz County is ultimately responsible for developing a scenic highway program for this segment. In San Mateo County, SR 35 is an officially designated route. The section of Saratoga-Sunnyvale Road designated as SR 85 (from the De Anza Boulevard interchange in Cupertino to Big Basin Way in Saratoga)is expected to be relinquished to the City of Saratoga and would likely have to be processed under the County's scenic highway program. However, this corridor requires substantial visual and aesthetic improvements before it could be considered by County and State scenic highway review committees. The E~dli District should cOntinue its education programs and should encourage students to walk and bicycle t9 school as appropriate. The City should continue to pursue opportunities to enhance pedestrian and bicycle facilities, especially in the vicinity of schools. Potential Scenic Highways and Corridors Eligible County Roadways Numerous corridors in the Saratoga Sphere of Influence could be considered under the County's Scenic HighWays protective ordinance:-.The most likely candidate roadway segments are Mt. Eden Road between Pierce Road and Stevens Canyon Road (only a one-mile segment Fehr & Peers Associates, Inc. Page 36 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Implementation Measures CI.3.3 Continue to strictly enforce the truck route ordinance by citing violators. CI.3.4 · Require as part of the development agreement for new projects with regular truck deliveries that such deliveries be made outside the typical peak commute travel periods (e.g., 7:00 am to 9:00 am and 4:00 pm to 6:00 pm) as appropriate. CI.3.5 Establish and maintain reserved commercial truck loading zones on public streets in appropriate areas such as the Village. Time limits for designated loading areas may be established to allow public on-street parking in loading zones at other times. CI.3.6 Require new or redevelopment projects to provide on-site truck loading areas except for areas such as the Village with small commercial lots. Enforcement will be provided by the Sheriff's Department similar to other on-street parking areas in the City. TRANSIT Goal' CI.4.0 Promote local and regional transit as a viable alternative to automobile travel for destinations within' and outside the City. CI.4.0a Promote the use of alternative modes of/ransportation by improving the capacity, safety, accessibility, and convenience of existing and planned transit, bicycle and pedestrian systems. Policies CI.4.1 Coordinate with the Valley Transportation Authority to increase service range and frequency within the City as appropriate. Existing service is illustrated on Figure C-4. CI.4.2 Install transit impro, vements to improve service, increase safety, and maintain traffic flow on streets serving as transit routes. 'CI.4.3 Encourage the public school districts, private schools, recreation groups or other operator~ to develop a local b'us system and to expand fide-sharing activities that will help to reduce school- generated vehicle traffic in neighborhoods and on City streets.' Fehr & Peers Associates, Inc. Page 44 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures CI.4.4 Implementation Measures CI.4.5 CI.4.5a CI.4.6 CI.4.7 CI.4.7a CI.4.8 CI.4.9 CI.4.10 gen~te~affi~ before,:sfib~t~g~ m~ay!gapaclty Investigate the feasibility of a local shuttle service within Saratoga to reduce local traffic volumes on city streets and overall parking demand. The feasibility study shall identify potential routes and funding sources. Require development projects to dedicate right-of-way for- purposes of constructing bus turnouts and/or bus shelter pads on major and minor arterial roadways as appropriate. Provide seating and shaded waiting areas at transit stops, with stop locations near entrances of buildings to encourage ridership. Recommend to the Valley Transportation Authority specific streets (e.g., Cox Avenue) to be included on new or modified. Improve the links of local transportation systems and alternatives such as bicycling and walking with private and public regional transit such as bus transit, light rail, and CalTrain. Bicycle and pedestrian improvements should be funded as Capital ~ Improvement Program projects or through private development projects to further encourage the use of transit. Provide information to the public on available altemative transportation choices and routes. Encourage local businesses to provide employees with transit 3asses or other financial incentives to use transit to commute to and from the workplace. Recommend potential stop locations for local school bus service and provide minor street and landscaping improvements as appropriate. Commission a feasibility study of local shuttle service within Saratoga. Funding for the study should be obtained from federal and state grants/sources and private development projects. Fehr & Peers Associates, Inc. Page 45 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA ADOPTING A NEGATIVE DECLARATION AND CIRCULATION AND SCENIC HIGHWAY ELEMENT UPDATE II. III. IV. go VI. WHEREAS, the City of Saratoga initiated consideration of a General Plan Amendment to adopt the Circulation and Scenic Highway Element Update (referred to hereinafter as the "Project") in 1999. WHEREAS, an Initial Study and proposed Negative Declaration ("IS/ND") was prepared for the Project by the City of Saratoga, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA Guidelines, and City CEQA requirements. WHEREAS, the IS/ND was circulated for public review period beginning on May 17, 2000 and ending on September 20, 2000. WHEREAS, the IS/ND indicates that'no significant adverse environmental impacts will result from the Project. WHEREAS, on July 26, 2000 the Planning Commission at a duly noticed public meeting considered the adequacy of the IS/ND including all oral and written comments and the staff recommendation for approval of the IS/ND. The Planning Commission reviewed and considered the information in the IS/ND, administrative record, and Staff Reports for completeness and compliance with CEQA, the CEQA Guidelines, and City CEQA requirements. The Planning Commission unanimously recommended to the City Council adoption of the IS/ND for the Project. WHEREAS, the proposed' Circulation and Scenic Highway Element Update was considered by the City of Saratoga Public Safety Commission at duly noticed Page 1 of 4 Resolution No. Attachment-2 public meetings held April 13, 2000 and May 11, 2000. On May 11, 2000 the Public Safety Commission recommended approval of the Circulation and Scenic Highway Element Update to the City Council. VII. WHEREAS, the proposed Circulation and Scenic Highway Element Update was considered by the City of Saratoga Planning Commission at a duly noticed public hearing held May 24, 2000 and at duly noticed public meetings held May 16, 2000, June 14, 2000 and July.26, 2000. On July 26, 2000 the Planning Commission unanimously recommended approval of the Circulation and Scenic Highway Element Update to the City Council. VIII. WHEREAS, on September 20, 2000 the City Council held a duly noticed public meeting and on October 4, 2000, the City Council conducted a duly noticed public hearing on the adequacy of the IS/ND and on the Circulation and Scenic Highway Element Update at which oral and written comments as well as Public Safety Commission, Planning Commission and staff recommendations were presented to the City Council. The City Council~reviewed and considered the information in the IS/ND, administrative record, and'Staff Reports for completeness and compliance with CEQA, the CEQA Guidelines, and City CEQA requirements. IX. THEREFORE, BE IT RESOLVED that the City COuncil hereby makes the following findings: Notice of all Planning Commission and City Council hearings on the IS/ND and.the Circulation and Scenic Highway Element Update ("Project") was given as required by law and the actions were conducted pursuant to CEQA, the CEQA Guidelines, and local City requirements; and All Interested Parties desiring to' comment on the IS/ND and Project were given the opportunity to submit oral and written comments prior to this action by the City Council; and o All comments raised during the public comment period and at the public hearings on the IS/ND and Project were responded to adequately; and 4. No new or substantial changes to the Project and/or tO'the IS/ND are Resolution No.. Page 2 of 4 Xo XI: proposed as a result of the public 'comment process; and ° The City Council was presented with and has reviewed all of the information in the administrative record; and o The IS/ND has been completed in compliance with the intent and requirements of CEQA, CEQA Guidelines, and the City's CEQA requirements, and the IS/ND represents the City Council's independent judgment. The City Council has considered the information contained in the IS/ND and the record in considering the Project and related actions; and o Based on the entire record of this matter, there is no evidence that the Project will have a significant effect on the environment; and o The documents constituting the record of proceedings upon which this City Council's decision is based are located in the City of Saratoga Department of Community Development~and are maintained by the Director of that Department. ° The City Council has made no major modifications to the General Plan Amendment recommended by the Planning Commission. BE IT FURTHER RESOLVED that the City Council hereby adopts the Negative Declaration attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council hereby adopts the CirculatiOn and Scenic Highway Element attached hereto as Exhibit B to replace in its entirety the Circulation and Scenic Highway Element appearing at pages 3-6 through 3-23 of the City of Saratoga General Plan. The goals, policies, and implementation measures set forth in section VI of the Circulation and Scenic Highway Element attached hereto are hereby adopted as goals, policies, and implementation measures of the City of Saratoga General Plan. Page 3 of 4 Resolution No.. PASSED AND ADOPTED by the City Council of the Saratoga, State of California, this 4th day of October 2000, by the following vote: City of AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment A: Attachment B: Attachments Negative Declaration Circulation and Scenic Highway Element Update Page 4 of 4 Resolution No_. EXHiBiT A City of Saratoga NEGATIVE DECLARATION Declaration That Environmental. Impact Report Not Required The undersigned, Director of Community Development and Environmental control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined and does hereby determine pursuant to the applicable provisions of the Environmental Quality Act of 1970, Section 15063 through 15065 and Section 15070 of the California Administrative Code, and Resolution 653 of the City of Saratoga, and based on the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Project Description: Community Development Department staff is updating the Circulation and Scenic Highway Element of the City's General Plan. The document will act as the City's long-range traffic management plan. It was last updated in 1983. The update is intended to assess existing traffic conditions and to develop a goals and policies document to address changed conditions Project Location: Citywide Name and Address of Proponent: City of Saratoga Community Development Department 13777 Fmitvale Avenue Saratoga, CA 95070 Reason for NegatiVe Declaration The proposed project could not have a Significant effect on the environment. The Circulation and Scenic Highway Element update provides for Goals, Policies and Implementation Measures to reduce traffic impacts already felt by the community. The document does not contain any Goals, Policies or Implementation Measures that are growth inducing or traffic inducing and will not cause significant envirOnmental impacts pursuant to the terms of the Environmental Quality Act. Executed at Saratoga; Califomia this 17 day of ,2000. City of Saratoga Circulation and Scenic Highway Element SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 DEPT: Community Development PREPARED BY: ~-~ ~-~. AGENDA ITEM: CITY MANAGER: SUBJECT: Amended Resolution recognizing the Heritage Orchard RECOMMENDED ACTION: Adopt the attached Resolution. REPORT SUMMARY: The attached Resolution was originally approved by the City Council on September 6, 2000 and has been amended to include the words "in perpetuity". FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The original Resolution would remain in effect. ALTERNATIVE ACTION: None. FOLLOW UP ACTION: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Amended Resolution acknowledging the Heritage Orchard. RESOLUTION NO. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RECOGNIZING THE HERITAGE ORCHARD WHEREAS, the City of Saratoga City Council designated the Heritage Orchard a Heritage Resource on August 15, 1984; and WHEREAS, the Heritage Orchard is one of the last remaining orchards in the City of Saratoga; and WHEREAS, the City Council recognizes that the Heritage Orchard has special historical, cultural and aesthetic value as part of the heritage of Saratoga and Santa Clara County; and WHEREAS, the Heritage Orchard is a valuable asset to the community that should be maintained, enhanced and made available for education of the public about Saratoga's agricultural history; and NOW, THEREFORE, BE IT RESOLVED, THAT THE HERITAGE ORCHARD is hereby recognized as a valuable asset to the community that should be maintained in perpetuity 'for the enjoyment of generations to come. The above foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 4th day of October, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Stan Bogosian, Mayor City of Saratoga ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 20, 2000 AGENDA ITEM: ORIGINATING DEPT: City Manager PREPARED B~~"_~_~, DEPT HEAD: SUBJECT: Consideration of Funding Request from Peninsula Open Space Trust for Bear Creek Redwoods Park RECOMMENDED ACTION(S): Move to adopt Resolution urging Saratoga residents to contribute funding to support the Bear Creek Redwoods Park. REPORT SUMMARY: A representative from the Peninsula Open Space Trust (POST) addressed the City Council to request a contribution $20,000 for its Bear Creek Redwoods Open Space Preserve at the September 20 meeting, under the Oral Communications portion of the agenda. Staff was subsequently directed to submit a report with additional information and recommendations concerning the matter. Last June, Peninsula Open Space Trust (POST) worked with Midpeninsula Regional Open Space District to purchase all 1,065 acres of Bear Creek Redwoods, a beautiful park located near Highway 17. The District purchased the lower 260 acres for $15 million, and POST acquired the upper 805 acres for $10 million. With interest and management costs POST's expenses now total $10.5 million. POST. is committed to protecting Bear Creek Redwoods as a park for the people of Silicon Valley, and has recently approached government, businesses and private foundations to solicit assistance with its effort to pay offthe loan balance. FISCAL IMPACTS: Thus far, POST has collected $9,186,344 in donations, including: $50,000 from the Los Gatos Town Council, $12,000 from the Monte Sereno City Council, and $233,070 from 844 Saratoga residents. Since the POST campaign has already been very successful generating a considerable amount of private donations, staff 'is recommending continuing with this approach by urging additional Saratoga residents to contribute to this worthy cause. Page 2 - Consideration of Funding Request from POST for Bear Creek Redwoods ALTERNATIVES: The City could contribute all, or a portion of the $20,000 donation requested by POST. CONSEQUENCES OF NOT ACTING: ~' POST would continue in its efforts to generate contributions from the sources previously mentioned. ADVERTISING, NOTICING AND PUBLIC CONTACT: Staff will ask Saratoga News to run an article on the POST Bear Creek Redwoods Open Space Preserve, including information on where donations may be sent. ATTACHMENTS: 1. Resolution 2. September 20, 2000, letter from Daphne Muehle, POST's Director of Annual Giving. 3. September 19, 2000, letter form Tracy Halgren & Chris Houck. 4. Excerpt from Peninsula Open Space Trust spring 2000 brochure. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA URGING RESIDENTS TO CONTRIBUTE TO THE BEAR CREEK REDWOODS PARK WHEREAS, in 1977, Peninsula Open Space Trust first made Bear Creek Redwoods one of its top priorities for protection; and WHEREAS, two decades of persistence finally paid off in June 1999,. when Peninsula Open Space Trust and Midpeninsula Regional Open Space District purchased 1,065 acres of the beautiful Bear Creek Redwoods; and WHEREAS, the Bear Creek Redwoods will eventually open to the public as Silicon Valley's own redwood park; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga supports the Bear Creek Redwoods Park and urges all Saratoga residents to support this effort by contributing funds to the Peninsula Open Space Trust. The above foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 4a~ day of October, 2000 by the fbllowing vote: AYES: NOES: ABSENT: ABSTAIN: Stan Bogosian, Mayor City of Saratoga ATTEST: Cathleen Boyer, City Clerk Attachmenn 2 Peninsula Open Space Trust Board of Dircclor~ ,,\ikm F Brown \'ll]~. L' b. h Lli~CV (] FO US bOCl~ Chrismm A. Hollow, Robcm C. Kirkwood ]~i,lllllt' NoFInan E. MatlcollJ David W. Mitchell Paul Ncwhagcn Ill'J] Relier Kanc Thomson ]-. k]Jlt:btCl' kVilllg Am*c M. Wcstcrfwlcl Advisory Council I-Mbcrt Augsburgcr Janws E. Baci ILk';..)] IMtmhcv bhctclon Brcmcr. I'Iq.D. IMbcrt V. Ih-own William Il. Clark, 5uc Crane l_ois Ch'ozicr-I logic LaLII'CI]CC Dawson I-Icrbcrl J. DcngJcF J. Phdip I3~ Napoh Phyllis DFal)cr Cla,'cm_c ]. Ferrari,Jr. Davici t_. Plctchm JEOSCII~al'Y J {cWJcll J'atFK'ia l.. I lot)J)cr Mary I'. I luhy, M.D. Mclvin B I.imt' [{o}~t'l'l ",V. MCIIllyFC .JacqucJinc Mayer Robcrl [-L N'hIJcF t,ordon E. Mool'C. Ph.D llcuc Mc,ormnn Janet N'lo~ ri~ Susan P. Orr J'ati[ (). Rcimc~' Barbara Doyle Roupc Alexander H. 5chillmg,.]r. [;FIIZ 5llidclllall ' Geraldine J:. Stcinbmg ROSelllal'y Young Lea ZaJ'l~woni Prcsidenl :~tldl'L'y C. Rusl September 20, 2000 Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Council Members, On behalf of the Peninsula Open Space Trust (POST), I would 'like to thank you and' the Saratoga City Council for your time regarding the matter of Bear Creek Redwoods property. Bear Creek Redwoods is a magnificent place an&our hope is that Silicon Valley will be able to enjoy it as a redwood park in the near future. How fortunate the people of Saratoga and the surrounding areas are to. have such a breathtaking property be preserved behind their cities for future generations to enjoy. Below is some information regarding our fundraising efforts for Bear Creek Redwoods. Please find a broad breakdown of the public agencies and individuals that have been involved in the protection of Bear Creek Redwoods to date. BEAR CREEK REDWOODS CONTRIBUTORS: Lower 260 Acres: Midpeninsula Regional Open Space District $15,000,000 Upper 805 Acres: California Coastal Conservancy Anonymous Individual Donor Gabilan Foundation Smart Family Foundation Monte Sereno City Council Los Gatos Town Council Individual Donors - Total $ 5,000,000 $ 1,000,000 $ 2,OO0,000 $ 250,000 $ 12,000 $ 50,000 $ 874,344 Please also note we are currently putting forth other proposals to area businesses and private foundations to continue inour efforts to pay off our $10 million loan. 3000 Nm,.I l liJl Road. 4- I }'5 Menlo I'arl<. (]aJilorlna 94025 Tch (050) 854-7(~oo J:itX' tO50~ 854-7703 kVkvkk .OpCIIS}3aCCI I'LISI O1'~ POST has many donors from the Saratoga, Monte Sereno and Los Gatos area. These numbers have been growing in the recent years due to POST's successful 23-year history of land preservation on the Peninsula. Below is the number of total POST from the Saratoga area (we expect the donor numbers in this area to continue to grow due to another appeal of the Bear Creek Redwoods property expected to go out the end of this year). Furthermore, POST is also represented in this area by three of our board members: Patricia Compton of Saratoga, Vince Garrod of Idos Gatos and Norman Matteoni of Los Gatos. POST DONORS - ZIP CODE ANALYSIS Zip Code Number of Donors 95070 844 Amount Donated $ 233,070 I hope this information is useful in your assessment of POST's Bear Creek Redwoods project. If you should need any further information or have any questions, please feel free to call me at(650) 854-7696. I look forward to speaking with you and the Saratoga City Council again soon. Sincerelv, . ~!' Director of Annual Giving Attachment 3 14003 C~ester Avenue Saratoga, CA 95030. 408.867.2701 September 19, 2000 Saratoga Town Council 1'377.7 Fruitvale Avenu~ Saratoga, CA 95070 Dear Council Members, Back in 1977 Peninsula Open Space Trust (POST) first targeted Bear Creek Redwoods, a majestic, beautiful 805-acrk r;dwood park located near Highway 17 off Brea Creel~ Rd., as one of its top priorities. They have been committed' to purchasing and protecting this valuable redwood park for all of us to enjoy. At last this purchase became a reality when Mid-Peninshla and POST pbtained grants, contributions and commercial loans to fund the $10 million acquisition. POST would like to payoff the balance of these loans as soon as poss ea · My husband and I are personal supporters of P~OST and this worthwhile endeavor along with many'other members of the SaratOga community. Over 800 individual families in the 95070 zip code area have contributed over $200,000 dolhrs to POST and the Bear Creek Redwood project.-The one thing we all have in comr~on is the understanding thlt this is a truly remarkable redwood forest that is something that will cherished by generations to come. Recently, the council ~embers of Monte Sereno and Los Gatos voted to give financial support toward the purchase of Bear Creek Redwoods. The Monte Sereno City Council has cdmmitted $12,000 and the Los Gatos City Council has committ.ed $50,000 to POST, both will be matched by a contribution from the Gabilan Foundation and also a private' individual. We appeal to the S~ratoga Town Council to also show their support for this project and approve a contribution of $20,000 from town funds to POST for the Bear Creek Redwoods Open Space Preserve. The timing of your actions is critical. Matching funds may be available if this contribution is made before December 31, 2000. If a financial contribution is something the town cannot commit to we ask that the Town Cot~ncil and the City. Of Saratoga show their support for this wonderful Open Space and urge it's citizens to personally contribute funds to this worthy cause. Respectfully, Attachment BEAR CREEK REDWOODS Creating a Park for the Valley BACK IN 1977, when POST first' targeted Bear Creek Redwoods as one of its top priorities for protection. Silicon Valley was barely a_gleam in a chipmaker's eye. How times have changed! But what hasn't changed is POST's commitment to protecting Bear Creek Redwoods as a park for the people of //"~ ~,,o, Silicon Valley Our two decades of persistence finally paid off! Last June, POST purchased 805 acres of Bear Creek Redwoods, taking out a loan of $10 million to do so. Our goal is to pay back the loan and transfer the property to the Midpeninsula Regional Open Space District, which will manage the prop- erty and eventually open the land to the public as Silicon Valley's own redwood park. Thanks to your ongoing support, we were able to commit the staff, time and resources tO acquire this property. Now, we will need your additional support to make this park a reality Oxalis oregana REDWOOD SORREL How POST Is Protecting Bear Creek Redwoods POST worked with the Midpeninsula Regional Open Space District to purchase all 1,065 acres of Bear Creek Redwoods..The District purchased the lower 260 acres for $15 million, with POST acquiring the upper 805 acres for $10 million. If POST and the District had not intervened, the land would have been developed into a golf course and estate homes. With interest and management costs, our total expenses amount to $10.5 million. We have raised $3 million from The Gabilan Foundation and a private individua[_'~-anckexpect to raise $5 million from the State of California Coastal Conservancy's Bay Area Conservancy Program, and the Wildlife Conservation Board. We now have $2.5 million left to raise. 2 · LANDSCAPES SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: October 4, 2000 ORIGINATING DEPT: City Clerk AGENDA ITEM ~ CITY MANAGER: PREPARED BY: City Attorney SUBJECT: Proposed Santa Clara County Certification Guidelines for Adult Drug and Alcohol Residential Facilities. RECOMMENDED ACTION: Review proposed guidelines and provide comments for transmittal to Santa Clara County and Santa Clara County Cities Association. STAFF REPORT: The Santa Clara County Cities Association has been asked to comment on draft Guidelines for Certification of Adult Drug and Alcohol Residential Facilities. The Guidelines are being proposed by the Santa Clara County District Attorney's office and, if adopted, would be used by that office to determine treatment facilities eligible to receive referrals from the District Attorney's office and, possibly, other County offices. A copy of the draft Guidelines is attached. Councilmember Baker is the Council's representative to the Cities Association and is seeking Council input on the proposed Guidelines. In addition, the draft Guidelines will be considered by the County's Health and Hospital Committee and its Public Safety and Justice Committee. The City Council asked for a report concerning the City's ability to regulate residential facilities such as those addressed by the proposed Guidelines. As a general rule, the City may not regulate so called "group home" facilities with six or fewer clients any differently than it regulates single-family homes; larger facilities may be regulated differently than single family homes in some circumstances. The remainder of this report discusses these limitations. The federal Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et. seq., imposes strict limits on the ability of local governments to regulate group homes through zoning controls. The Act forbids discrimination in housing on the basis of race, color, religion, national origin, gender, handicap and familial status. 42 U.S.C. § 3604. The Act prohibits local governments from regulating housing in any way that results in discrimination against protected groups either directly (e.g., by prohibiting housing for a protected group) or indirectly (e.g., by imposing neutral regulations that have the effect of limiting housing opportunities for protected groups). Moreover, the Act requires local governments to make "reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). Based on these .federal requirements the courts have: · Invalidated local ordinances that limit occupancy by members of extended families. Moore v. Ci_ty of East Cleveland, 431 U.S. 494 (1977). Struck down local ordinances that require special use permits for group homes as a means of regulating community residences for people with disabilities. Easter Seal Soc. Of New Jersey, Inc. v. Town of North Bergen, 798 F.Supp. 228 (D.N.J. 1992); Stewart B. McKinney Found., Inc. v. Town Plan and Zoning Comm'n of the Town of Fairfield, 790 F.Supp. 1197 (D.Conn. 1992). Required local governments to issue special use permits or variances to group homes. U.S.v. Village of Marshall, 787 F. Supp. 872 (W.D. Wisc. 1991); U.S.v. City of Philadelphia, 838 F. Supp. 223 (E.D. Pa. 1993) aff'd mem., 30 F. 3d 1488 (3rd Cir 1994); Support Ministries for Persons with AIDS v. Village of Waterford, New York, 808 F. Supp. 120 (N.D.N.Y. 1992); Baxter v. City of Belleville, 720 F. Supp. 720 (S.D. Ill. 1989). The Act does allow for local regulation of occupancy limits that establish numerical ceilings that serve to prevent overcrowding in living quarters. 42 U.S.C. § 3607(b)(1). However, this exemption is narrowly construed. Ci_ty of Edmonds v. Oxford House, Inc., 514 U.S. 725, 115 S.Ct. 1776 (1995). State law also limits the City's ability to regulate group homes, it provides that "an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of the property" under local zoning and cannot be required to obtain a conditional use permit. (Health & Safety Code § 11834.23.)~ State law indicates that facilities serving more than six persons may be I Similar provisions apply to residential group homes that provide "nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual" and accommodate six or fewer persons. Health & Safety Code § 1502(a)(1); Health & Safety Code §1566.3; see also Health & Safety Code § 1569.85 (residential ca're for the elderly). Such facilities include residential group homes for the care of the elderly, mentally impaired, physically handicapped, incompetent persons, and abused and neglected children. Health & Safety Code § 1502(a); Health & Safety Code § 1569.1. 2 subject to non-discriminatory local zoning regulations, so long as reasonable accommodations are made. Cities may apply non-discriminatorytocal zoning regulations, "which deal with health and safety, building standards, environmental impact standards, or any Other matter within the jurisdiction of a local public entity" to facilities housing more than six clients. However, such regulations must also comply with the federal FHA. As discussed above, the FHA requires the local government to demonstrate that. the regulations do not result in disparate treatment of or impact to group homes and to make "reasonable accommodations" in its zoning regulations to allow group homes to operate. One court has held that a city may apply its conditional use permitting process to larger facilities, so long as reasonable accommodations arg made both to provide access to the procedures for issuing such permits and in the permits themselves. In U.S.v. City of Palatine, Illinois, 37 F.3d 1230 (7th Cir. 1994) the court held that a residential home for substance abusers could be required to apply for a special use permit in a residential zone where the home would accommodate more than 8 persons plus staff. Further, local and state licensing requirements and dispersal requirements have been upheld in some instances. In Familys _tyle v. Ci_ty of St. Paul, 923 F.2d 91 (8th Cir. 1991) the court upheld licensing and dispersal requirements that it found were based on a reasonable policy to deinStitutionalize or mainstream mentally ill adults and integrate them into the community.. The court found that the requirements did not violate the FHA by discriminating against mentally ill, and that as applied to Familystyle (which housed over 100 persons'in 21 homes in one and one-half block area) the dispersal requirements were rationally related to a legitimate purpose. This' rePort has presented a brief overview of the FHA. If you would like a more detailed analysis of any of the issues raised here please contact us. You can also review the publication "Local Officials Guide: Fair Housing" published by the National League of Cities on the world wide web at: http://www.bazelon.org/cPfha/1 group, homes.pdf. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MoTION(S): No recommendations will be made by.the City t° the Santa Clara Cities Association. FOLLOW UP ACTIONS: N/A ATTACHMENTS: Draft Guidelines P:\SARATOGA~MAT 1 \ltb 101 .doc SANTA CLARA COUNTY CERTIFICATION GUIDELINES FOR ADULT DRUG AND ALCOHOL RESIDENTIAL FACILITIES (Third Option)' 6~/~798/07/00 I CHAPTER I. Article 1. TABLE OF CONTENTS Perspective, Purpose and Definitions Introduction § 100 Historical Perspective Article 2. Purpose § 101 The Purpose of the Certification Program Article 3. Definitions § 102 Definitions CHAPTER II. Certification Procedures Article 1. Requirements for Certification § 103 Who Must Obtain Certification § 104 Type of Facilities Certified § 105 Certification of Each Physical Facility § 106 Requirement to Post Certificate of Compliance § 107 Staff Certification Article 2. Application for Certification § 108 Who May Apply for Certification § 109 How to Obtain Application Information § 110 Documentation to be Submitted with Application § 111 District Attorney's Review of Application § 112 Withdrawal of Application § 113 Pending Certification Article 3. Period of Certification § 114 §115 §116 Requirement to Submit New Application Period of Certification Renewal of Certification Article 4. Denial of Facility Certification § 117 §118 §119 Denial of Facility Certification Notice and Right to Reconsideration Procedure for Reconsideration Page 1 1 1 1 1 1 1 5 5 5 5 6 6 6 6 6 6 7 7 7 8 8 8 8. 8 9 9 9 9 CHAPTER III. General Certification Guidelines Article 1. Compliance with General Guidelines § 120 Facility and Staff Compliance § 121 Client Court Orders and Treatment Plan § 122 Client Selection for Facility and Public Safety § 123 Change in Client Status § 124 Confidentiality Waiver § 125 Criminal Activity § 126 Training Article 2. Good Neighbor Policy § 127 Good Neighbor Policy § 128 New'Locations § 129 Maintenance § 130 Neighborhood Complaints § 131 Staff and Resident Conduct § 132 Vehicles § 133 Community Service and Involvement Article 3. Policy and Procedure Manual § 134 Policy and Procedure Manual § 135 Contents of Policy and Procedure Manual Article 4. Client File § 136 Client File Maintenance § 137 Individual Client File Contents Article 5. Client Log § 138 Client Log at Each Facility § 139 Multiple Facilities Article ~6. Fees and Payments § 140 Fee Schedule § 141 § 142 § 143 § 144 § 145 Food Stamps General Assistance Delinquent Payments Advance Payment of Fees and Repayment of Fees Client Receipt for Fees 10 10 10 10 10 12 12 12 12 12 12 12 13 13 13 14 14 14 14 14 15 15 15 16 16 16 17 17 17 17 17 17 17 Article 7. Reports 18 § 146 Authorized Personnel § 147 Accurate Progress Reports § 148 False Reports 18 18 18 CHAPTER IV. Staff Minimum Certification Requirements 18 Article 1. Staff Background Investigation 18 § 149 Staff Required to Submit to Background Investigation 18 Article 2. StaffApplications 19 § 150 When Staff Applications Must Be Submitted § 151 Content of Staff Application 19 19 Article 3. Designated Staff Minimum Requirements § 152 Director and Head of Administrative Staff ' § 153 Counselor § 154 House Manager for Residential Facilities § 155 Peer Coordinator/Assistant House Manager for Residential Facility Article 4. Improper Staff Conduct 20 20 20 21 21 21 § 156 Prior History of Improper Conduct '§ 157 Falsifying Information on Staff Application 21 22 Article 5. Sobriety 22 § 158 Staff Member Minimum Standards 22 Article 6. Criminal Convictions, Probation and Parole 23 § 159 Designated Staff Minimum Years for Prior Criminal Conviction 23 § 160 Prior Conviction for Designated Sexual Offenses 23 § 161 Prior Conviction for Arson 24 § 162 Prior Conviction for Violent Felony 24 § 163 Prior Conviction for Serious Felony 24 § 164 Pending Criminal Convictions and Outstanding Warrants '~ ' .. ~ 24 165 Staff Minimum Years for Completion of Probation or Parole 24 Article 6. Sanctions 32 § 183 Sanctions Defined 32 § 184 Purpose of Sanctions 32 § 185 Types of Sanctions 32 § 186 Right to Appeal Imposed Sanctions 33 § 187 Failure to Follow Imposed Sanctions 33 § 188 Notice to Interested Parties 33 CHAPTER VI. APPEALS AND HEARING 34 Article 1. Right to Appeal from the Denial of Certification or the Imposition of a Sanction 34 § 189 Facility Right To Appeal Denial of Certification or Imposition of Sanctions 34 § 190 Staff Right To ApPeal Denial of Certification or Imposition of Sanctions 34 Article 2. Certification Appeals Board 34 § 191 § 193 § 194 Certification Appeals Board 34 Board Membership 34 Duties of the Certification Appeals Board 35 Sanction Appeals 35 Procedures for Certification Appeals Board Hearings 35 CHAPTER VII. ADULT RESIDENTIAL DRUG AND ALCOHOL TREATMENT FACILITY MINIMUM REQUIREMENTS 36 Article 1. Intake and Admission 36 § 196 Intake and Admission 36 Article 2. Physical Structure of Facility 37 § 197 Facility Compliance to Codes and Permit Requirements. 37 § 198 Living Space 37 Article 3. Male and Female Residential Facilities 38 § 199 Single Gender Facilities § 200 Co-ed Facilities Article 4. Visitation Rules 38 38 38 § 201 Visitation Rules 38 Article 7. Gang Affiliation § 166 Criminal Gangs Article 8. Replacement or Appointment of Director and House Manager § 167 Replacement of Director and House Manager § 168 Appointment of Acting Director or House Manager Article 9. Denial of Staff Application for Certification § 169 Denial of Staff Application for Certification § 170 Staff Notice and Right to ReConsideration § 171 Staff Procedure for Reconsideration CHAPTER V. ENFORCEMENT Article 1. Denial of Facility Certification § 172 Denial of Facility Certification § 173 Facility Notice and Right to Reconsideration § 174 Procedure for Reconsideration Article 2. Types of Deficiencies for Denial of Certification or Imposition of Sanctions § 175 Deficiencies Article 3. Development of a Corrective Action Plan § 176 Corrective Action Plan § 177 Follow-up Visit to Verify Correction of Deficiency Article 4. Monitoring and Review of Facilities § 178 Monitoring Certified Facilities Article 5. Investigation of Complaints § 179 Complaint Defined § 180 Complaints Regarding Criminal Activity § 181 Complaints Regarding Certification Guidelines § 182 Emergency -.~. 25 25 25 25 25 25 25 26 26 27 27 28 28 29 29 29 30 30 31 31 31 31 32 27 27 28 Article 6. Prescribed Medication and Drug Testing § 218 Prescribed Medication § 219 Drug and Alcohol Testing Appendix "A" 45 45 45 46 Article 5. Supervision § 202 Designated Supervision Personnel Article 6. Resident Sign In/Out Policy. and Curfew and Overnight Passes § 203 Resident Sign In/Out Log and Schedule § 204 Curfew · Article 7. Prescribed Medication and Drug Testing 39 39 39 39 40 § 205 Prescribed Medication § 206 Drug and Alcohol Testing 40 40 Article 8. State Department of Alcohol and Drug Program Treatment Requirements 40 § 207 State License Required" 40 CHAPTER VIII. ADULT SO~ER '~ ~X~'NC v~'m'or~,~v .. ............... ; ..... NTSOBER-LIV! NG ENVIRONMENT FACILITY MINIMUM REQUIREMENTS 41. Article 1. Definition and Admission Intake 41 § 208 Intake and Admission 41 § 209 Facility Compliance to Codes and Permit Requirements 42 § 210 Living Space 42 Article 2. Male and Female Residential Facilities 43 § 211 Single Gender Facilities § 212 Co-ed Facilities 43 43 Article 3. Visitation Rules 43 § 213 Visitation Rules 43 Article 4. Supervision and House Meetings 44 § 214 Designated Supervisory Personnel § 215 House Manager 44 44 Article 5. Resident Sign In/Out Policy and Curfew and Overnight Passes 44 § 216 Resident Sign In/Out Log and Schedule § 217 Curfew 44 45 40 SANTA CLARA COUNTY ADULT DRUG AND ALCOHOL RESIDENTIAL FACILITIES CERTIFICATION GUIDELINES CHAPTER I. PERSPECTIVE, PURPOSE AND DEFINITIONS Article 1. Introduction §100 Perspective. Santa Clara County alcohol and drug residential treatment facilities and regulated sc, bet living ................. sober-h¥~ne environments must be certified pursuant to these guidelines as a condition precedent to receiving county referrals or funds. These guidelines shall be implemented by the District Attorney's Office and by the Department of Alcohol and Drug Services ("D.A.D.S.').consistent with the individual personal rights of the clients and community welfare. The District Attorney's role shall be centered upon public safety, while the Department of Alcohol and Drug Services shall have responsibility for treatment issues. These guidelines recoenize that D.A.D.S. may operate or contract with providers of sober-livina environments, regulmed and tmregulated. Providers of drua and alcohol services with County contracts may elect to operate certified facilities or not. D.A.D.S. shall not retaliate against providers who choose certification. Article 2. PUrpose § 101 'The Purpose of the Certification Program. The pUrPose of the certification program is: 1. To improve the client's access to quality treatment; 2. To provide formal guidelines for referrals; 3. To end the client's substance abuse; 4. To ensure that quality rehabilitative services are provided to the client; 5.'' To end criminal'activity 'and promote pUblic safety. Article 3. Definitions § 102 Definitions. The following general definitions shall apply to terminology use in these guidelines, except where specifically noted otherwise: 1. A.D.P. "A.D.P." refers to the State of California, Department of Alcohol and Drug Programs. Adult. "Adult" refers to a person who is eighteen (18) years of age or older or a minor who has been emancipated pursuant to Part 2.7, commencing with § 60, Division 1, of the California Civil Code, or Part 6 commencing with § 7000, Division 11 of the Family Code, operative January 1, 1994. 3. Adult facility. "Adult facility" refers to a residential alcohol or drug abuse recovery or treatment facility that is designed to serve adults. 4. Alcoholics Anonymous. "Alcoholics Anonymous" ("A.A.") is a ~%qrMaetofellowship erganizaticn for men and women. During A.A. meetings, each person shares his or her own story of how alcohol abuse has affected his or her life. Applicant. "Applicant" refers to an individual who has applied for certification for a particular staff position within a facility or to a director who has applied for the certification of a particular facility, depending on the context in which the form "applicant" is used. o Application for Certification. "Application for certification" refers to any and all forms and attachments submitted by an individual seeking certification for a particular staff position or submitted by an individual seeking certification for a particular residential treatment facility or sober !'~ving env:~rm:mentsober-living environment facility. 7. C.A.A.D.A.C. "C.A.A.D.A.C." refers to the California Association of Drug and Alcohol Counselors. Capacity. "Capacity" refers to the maximum number of persons authorized to reside in a residential alcohol or drug recovery or treatment facility or sober !;.ring cm~koe, m~sober-living environment at any one time. Certificate of Compliance. "Certificate of compliance" refers to the certificate awarded to an individual or facility that has met the certification qualifications established in these guidelines. 10. Certification Appeals Board. "Certification Appeals Board" refers to the entity comprised of a former employee or director of a drug or alcohol facility, a member of the Santa Clara County Bar Association, a member of a community neighborhood association or coalition member-at-large, a current or retired deputy probation officer, and a member-at-large selected from the'community. The Certification Appeals Board shall review the decisions of the certification coordinator when a facility or 2 11. staff member files an appeal for denial of certification, denial of reconsideration or for the imposition of sanctions against any facility or staff member. Certification Coordinator. "Certification coordinator" refers to the Deputy District Attorney who is responsible for the overall management and coordination of the Santa Clara County Adult Alcohol and Drug Residential Facilities Certification Program. 12. Certified~,~,,;,.~.,_~.,.Facility. "Certified. . facility"o refers to a residential treatment facility or sobe~ I !i"in'z, e ............... sober-hwn~, enviro~unent that is certified by the District Attorney's Office pursuant to the certification guidelines. 12a. Client Selection Criteria Clearm~ce Form. The form which the District Attorney issues to a non-criminal justice referral client wh° wishes to reside in a reeulated __ sober-living environment. This lbrm indicates the client meets § 122 criteria. 13. Complaint. "Complaint" refers to a formal or informal negative allegation regarding a possible violation of the certification guidelines. These allegations may include, but are not limited to criminal activity, client safety, good neighbor policy, zoning issues, and staff or client use or sale of drugs. 14. Conviction. "Conviction" refers to a final judgement on a verdict or finding of guilt, a plea of guilty or a plea of nolo contendere for all misdemeanor and felony offenses. 15. County. "County" refers to Santa Clara County. 16. County Referral. "County referral" refers to a person who is directed to a treatment facility or~.,,,~,,...o~'~ ~;~':~v,~ · ~.~ ................ sober-hv~n~, environment by any court, county department or another provider. The referral may still be under the supervision of the court, county department or agency. 17. D.A.D.S. "D.A.D.S." refers to the "Santa Clara County Department of Alcohol and Drug Services." 18. Day. "Day" refers to a calendar day unless otherwise specified. 19. Director/Facility Administrator. "Director/Facility Administrator" refers to the individual responsible for the overall management of an alcohol or drug ~ ~sober-livine environment or treatment facility. 20. Facility. "Facility" refers to a residential regulated alcohol or drug 'seizer !i;Sng tm',4mm'ae~sober-living environment or o_Lr treatment facility or a reeulated sober- living environment and includes those facilities that accepf county referrals or funds. 21. Facility Administrator. "Facility administrator" refers to the individual responsible for the overall management of an alcohol or drug treatment facility or soberq/vi~ en:'i r,,nmen.~sober-livin c, environment. 22. Group Counseling. "Group counseling" refers to those counseling services which are provided to a group of clients (of at least four (4) and no more than ten (10)), and are led by a staff member. The counseling may involve interaction among the group members. 23. Licensed. "Licensed" means that the residential facility is licensed by the State of California, Department of Alcohol and Drug Programs as an operating drug and/or alcohol recovery facility. 24. Positive test. "Positive test" refers to a client's positive test result for alcohol or drug use. 25. Premises. "Premises" refers to the land, buildings or other structures included in the certification issued for an alcohol or drug treatment facility or sobev-t-Ni~ I .................. sober-hwng environment. I 26. Program. "Program" refers to the services offered and the structure of the organization. 27. Progress Report. "Progress report" refers to the written or oral indications of a client's overall progress in the drug and alcohol treatment facility in which he or she is participating in as a result of a court order or probation condition. 27a. Regulated Sober-Living Environment (S.L.E.). "Regulated sober-living_ environment refers to an S.L.E. that is in compliance with these guidelines. A regulated S.L.E. only houses clients who have passed the client criteria of § 122 ' voluntarily or through court referral. 28. Relapse. "Relapse" refers to an instance or period during which a client uses drugs or alcohol during or after participating in a treatment program. 29. Resident. "Resident" refers to an individual who resides in and receives services from a residential alcohol or drug treatment facility or s,vber ~;v:n;: env:.renmentsober- living environment. 30. Residential Facility. "Residential facility" refers to a program where the clients reside at the facility, but does not include hospitals. 31. Residential Treatment Facility. "Residential treatment facility" refers to a twenty-four (24) hours per day residential facility which offers drug and/or alcohol treatment services on site. Each facility shall have a valid license from the State of California, Department of Alcohol and Drug Programs. 32. Revocation of CertificatiOn. "Revocation of certification" refers toa disciplinary action recommended by the District Attorney's Office and imposed by the Certification Appeals Board to revoke certification of a facility pUrsuant to the provisions of Chapter V of the certification guidelines. In an emergency that jeopardizes public safety and/or the safety of the clients, the certification coordinator 4 33. 34. 35. 36. 37. may revoke certification subject to review by the Certification APpeals Board. Revocation of certification is indefinite. When revocation occurs, all county-referred clients shall be removed from the facility and placed in another county-certified facility and the facility is prohibited from receiving any county-referred clients until further notice. Services for the disabled. "Services for the disabled" refers to a facility that can be easily accessed by an individual who is confined to a wheelchair. ........... ~ ............... Sobe~-Ll~n~. Enviromnent. "~ e. nvironmentSober-lMng environment" (S.L.E.) refers to a facility that offers an alcohol-free and drug-free residence for the resident without any on-site drug or alcohol treatment services. This facility is not licensed by the State of California, Department of Alcohol and Drug Programs as offering residential drug and alcohol treatment. An S.L.E. is also known as a "Transitional Housing Unit" (T.H.U.). A regulated SJ_..E. is defined in 27a. State of California, Department of Alcohol and Drug Programs. "State of California, Department of Alcohol and Drug Programs" (A.D.P.) refers to the sole state agency responsible for licensing of non-medical drug and alcohol recovery facilities. Suspension of Certification. "Suspension of certification" refers to a disciplinary action taken by the District Attorney's Office to rescind certification for a specific period of time pursuant to the provisions of Chapter V of the certification guidelines, during Which time the facility is prohibited from receiving referrals from any court, county department or agency. Clients who were residing in the facility prior to the suspension may remain in and complete the program. Treatment Issue. "Treatment Issue" refers to any issue concerning the nature, quantity or quality of any counseling, individual or group therapy, instruction, group meetings or other therapeutic activity offered to clients in order to assist them in their rehabilitation from drug or alcohol dependency. § 103 1. CHAPTER II. CERTIFICATION PROCEDURES ArtiCle 1. Requirements for Certification Who Must Obtain Certification. Any adult residential alcohol or drug treatment facility or regulated sober4M~ envire, nmentsober-living environment operating in the County of Santa Clara that' receives county referrals or funds shall be currently certified by the District Attorney's Office and shall have a current and valid certificate of compliance on file with the District Attorney's Office. Facilities not receivin~ County funds or referrals are exempt but may elect to participate in the Certification program. These guidelines recognize that D.A.D.S. ma.v operate or contact with providers of sober-livin~ environments, regulated and unreeulated. The certification guidelines apply to any person, firm, partnership, association, corporation, county, city, public agency or other county governmental entity that operates, establishes, manages, conducts, or maintains a facility which provides twenty-four (24) hours a day non-medical, residential, alcohol or drug treatment facility or regulatedo.~w.r"~'~ _.~_~; ,;..~. ,...,,.......~.,~....._. '~ .......... sober -li'~,in,~ environment facility, except for facilities solely operated (as opposed to merely licensed) by a state agency, provided that such entities receive county referrals or funds. The certification guidelines do not prohibit a provider from operating a residential treatment facility or ~^~'-~ !;~vinz ................ sober-hx~ng environment that is not certified as long as that facility does not receive any county funds or referrals. § 104 Type of Facilities Certified. All residential treatment facilities and regulated '~'~- ~;-'; ....... ; ....... ,~ho,. ia,i,,° environment facilities must be certified according to the provisions contained in the certification guidelines· There are two types of facilities which are required to be certified if they receive county referrals or funds: 1. Residential Treatment; 2. Regulated~,,,o,,.c"r"~- ~.;,.;_,~. -,,~, ,_, ................ Sober-Living Environment (_~.S.L.E.). § 105 Certification of Each Physical Facility. 1. A residential facility shall meet the certification guidelines for each physical building. The monitoring investigator may conduct a site inspection of the facility with or without advance notice and upon presentation of proper identification, in order to determine compliance with the certification guidelines. The inspection shall be conducted with due regard for residents who may not have been referred by the criminal justice system. The District Attorney's Office shall not access individual client files of voluntary clients who have not been referred by the criminal justice system absent consent, court order, or application of an exemption to 42 CFR Part 2. The waiver and authorization described in § 137 of the voluntary client does not constitute permission to access the client's files. § 106 Requirement to Post Certificate of Compliance. Each certified facility, shall post the certificate of compliance in a place in the residence where it may be seen by anyone entering the facility. ~ Each certified facility shall make the certificate of compliance available for inspection upon request. § 107 Staff Certification. 1. Prior to certification of a facility, all personnel shall have passed a criminal justice background check as set forth in {}149. The facility shall immediately and within twenty-four (24) hours notify the District Attorney certification coordinator of any changes in the facility's certified staff personnel, or of any changed circumstances that would affect the certification status of any certified staff personnel. Article 2. Application for Certification. § 108 Who May Apply for Certification. Any adult, firm, partnership, association, corporation, county, city, public agency, or other governmental entity may apply for certification consistent with the County's policy on nondiscrimination and equal opportunity. (See Appendix A.) § 109 How To Obtain Application Information. Application information may be obtained, and completed applications for certification submitted to the Santa Clara County District Attorney's Office, Adult Alcohol and Drug Residential Facilities Certification Program, 70 West Hedding Street, County Government Center, West Wing, San Jose, California, 95110. § 110 Documentation to be Submitted with Application. As a condition precedent to certification, each application must contain the following documents with the application: 1. Facility Policy and Procedure Manual. § 111 District Attorney's Review of Application. 1. The District Attorney's Office shall: (a) Review each apPlication for certification to determine completeness and compliance with the certification guidelines; (b) Complete a site inspection to assess the applicant's compliance with the certification guidelines; (c) Issue to the applicant by mail a certificate of compliance or a written notification of denial of certification within thirty (30) business 'days of receipt of a completed application; (d) Specify in the notification of denial of certification the basis for the denial. (e) The District Attomey's Office shall not access individual client files of clients who have not been referred by the criminal justice system absent informed consent, court order, or application of an exemption to 42 CFR Part 2. 2. The District Attomey's Office may terminate the review of an application if: (a) The applicant fails to take action to correct the conditions or to provide the missing information that served as a basis for the denial of certification, unless good cause is shown for the delay; 1) The applicant fails to conform to applicable zoning and use ordinances. 2) The local agency has denied a land use settlement and all other administrative appeals have been exhausted but no judicial stay has been obtained; · (b) Fire clearance for the applicant's facility is denied; (c) The applicant submits a written request to withdraw the application; (d) The applicant knowingly provides any false information On the application. 3. Termination of the review process shall not constitute denial of certification. § 112 Withdrawal of Application. .1. The applicant may withdraw an application for certification by submitting a written request to the Santa Clara County District Attorney's Office, Adult Alcohol and Drugs Residential Facilities Certification Program, 70 West Hedding Street, County Government Center, West Wing, San Jose, California, 95110. 2. Withdrawal of an application for certification shall not prohibit the District Attorney's Office from taking action to deny an application for certification. § 113 pending Certification. A facility may request to be placed on a pending certification list and be eligible to receive county referrals or funds if it has met all the requirements of certification but is currently awaiting the results of a local zoning review. · Article 3. Period of Certification. § 114 Requirement to Submit New Application for Certification. Certification shall automatically terminate by operation of law whenever the applicant does one of the following: 1. Sells or transfers a majority or controlling interest in the ownership of the facility, unless the transfer of ownership applies to the iransfer of stock when the facility is owned by the applicant as a corporation and when the transfer of stock does not constitute a majority change in ownership; Voluntarily surrenders the certificate of compliance to the District Attorney's Office; 8 3. Moves operation of the facility to a new location; 4. Dies, if the applicant is a sole proprietor; or 5. Abandons the facility, either actually or constructively; 6. Substantial modification of the facility including but not limited to the number of persons served. § 115 Period of Certification. Certification shall be valid for one (1) year from the date of issuance and shall expire on the anniversary of the issuance date unless it is renewed. § 116 Renewal of Certification. At least fifteen (15) business days prior to the expiration date noted on the certificate of compliance, the District Attorney's Office shall send a notice informing the director of the facility of the date when certification will expix:e. Failure to receive notice does not relieve the applicant of the duty to renew the certificate of compliance in a timely fashion: In the case of a facility with an independent contract with D.A.D.S., the District Attorney's Office shall also notify D.A.D.S. of the expiration date. D.A.D.S. shall provide the District Attorney's Office with a regularly updated list of all facilities with which they have independent contracts. 2. The Director shall contact the District Attorney's Office to make an appointment for a 'site visit within three (3) days prior to the termination of the certification. Article 4. Denial of Facility Certification. § 117 Denial of Facility Certification. The District Attomey's Office may deny a facility's application for certification for either of the following reasons: Review of the application indicates that the applicant is not in compliance with the certification guidelines; The applicant fails to remedy any deficiency identified; The District Attorney's Office will inform D.A.D.S. of any facility, which has an independent contract with D.A.D.S., that has been denied certification. D.A.D.S. shall be the sole judge of whether an application is in compliance with the Certification Guidelines as to any treatment issue. '~ § 11'8 Notice and Right of Reconsideration. 9 If the District Attorney's Office denies an application for certification, a written notice shall be sent to the applicant by mail that shall include the following: 1. An explanation of the reasons for denial; 2. A detailed list of any corrections required for the deficiencies specified in the notice; 3. A specific time period for compliance; 4. An advisement of the applicant's right of reconsideration in accordance with these guidelines; 5. An advisement of the applicant's right to appeal a denial of reconsideration in accordance with Chapter VI of the certification guidelines. o If the District Attorney's Office denies an application for certification of a facility that has an independent contract with D.A.D.S., then the District Attorney's Office shall separately notify D.A.D.S. of the denial. § 119 Procedure for Reconsideration. If a facility's application for certification has been denied, a facility may file a written request for reconsideration to the certification coordinator. The District Attorney's Office, Adult Alcohol and Drug Residential Facilities Certification Program must receive any request for reconsideration of a denial of certification within ten (10) business days of the date of the notice of denial of certification. The request for reconsideration must be sent by certified mail. o o The certification coordinator shall schedule'a hearing which shall be held no later than thirty (30) business days after receipt of a timely request for reconsideration. If the facility has an independent contract with D.A.D.S., then the certification coordinator shall inform D.A.D.S. of the heating date. : The certification coordinator shall serve a notice of hearing on the applicant no later than ten (10) business days prior to the scheduled date of the hearing. The certification coordinator shall conduct the reconsideration hearing at which time the applicant may present witnesses and documentary evidence. The reconsideration hearing will be conducted informally and the technical rules of evidence shall not apply. The certification coordinator may consider any and all evidence which he or she deems reliable, relevant and not unduly repetitious. Within five (5)'business days after the heating, the certification coordinator shall serve a written decision sustaining, reversing or modifying the previous decision. D.A.D.s. shall be the sole judge as to whether a program is in compliance with the Certification Guidelines concerning any treatment issue. 10 After the hearing, the decision by the certification coordinator shall become final unless the applicant files an appeal to the Certification Appeals Board pursuant to the guidelines in Chapter VI. CHAPTER III. GENERAL CERTIFICATION GUIDELINES Article 1~ Compliance with General Guidelines. § 120 Facility and Staff Compliance. 1. Failure Each of a facility and/o__rr, aP, staff shall follow e2! ce~:22cation gt:]de!ines. 2.Fai!ure to follow the certification guidelines may result in the termination of facility certification, or in the imposition of sanctions on the facility. § 121 Client Court Orders and Treatment Plan. The facility management shall cooperate with all of the client's court orders and shall accommodate the client's schedule for his or'her treatment plan and court appearances. 2. Failure to comply with a client's court orders shall be deemed a serious violation of these guidelines and shall result in the suspension or revocation of certification. § 122 Client Selection for Facility and Public Safety. In order to safeguard clients who reside in a facility, staffwho work at a facility, visitors who come to a facility and neighbors who live near a facility, each certified regulated sober-livin.e environment ~ located in a residential neighborhood shall have a policy of client selection that shall include, but is not limited to the following: (a) No client may have a conviction for any of the sexual crimes listed in § 160; (b) No client may have a conviction for any of the arson crimes listed in § 161; (c) No client may have a conviction for any of the violent felony crimes listed in § 162.(2); (d) NO client may have a conviction for any °fthe serious felony crimes listed in § 163(2). 2. If a prospective client is referred to a sober-livine environment t~om the court, the 11 o ° o cottrt or District Attorney will deternfine whether the client is suitable for a reeulated sober-livin.e environment. If a prospective client is a non-court refen'al, the client shall have the rieht to select a regulated sober-living environment or a sober-living environment. If the client chooses to live in a regulated sober-living environment he or she shall be advised of the tbllowing: (a) All persons living in regulated sober-living en.viromnents have gone through a _ criminal' background check for client selection articulated in Chapter Ill. §122. 1. (b) In order to live in a regulated sober-living environments a prospective client accesses his/her local criminal histor3, through the District Attorney's Office pursuant to .Penal Code section 13321. If necessary, the prospective client . will access his/her state criminal histmw throut~h the State DeparUr~ent of · Justice pursuant to Penal Code sections 11120 through 11127. The District Attorney will provide the prospective client with a client-criteria clearance form which demonstrates the clients desire to access criminal history indicates the client meets the selection criteria.. A prospective client may only appeal a denial of entry to a regulated sober-Ii.vine environme'nt..p_Pursuant to this section based upon a claim that he or she did not in fact suffer a conviction for the offenses enumerated in §§ 160 through 163. However, if a prospective client is denied entry solely based upon his or her prior conviction for a serious or violent felony pursuant to §§ 162 - 163, then the prospective client may apply for a waiver from the Office of the District Attorney by showing that notwithstanding the valid conviction, the prospective client no longer presents an appreciable danger .to the community. A prospective client who seeks an appeal or waiver from a denial of entry pursuant to §122(3), must: (a) notify in writing the Office of the District Attorney; (b) fill out a consent and authorization form allowing the Office of the District Attorney to access the client's full criminal history and to fully investigate his or her application for waiver; and may (c) present evidence to the Office of the District Attorney demonstrating that he or she no longer presents an appreciable risk to the community despite the prior conviction. The Office of the District Attorney shall be the sole authority empowered to grant an appeal or waiver pursuant to this process. The Office of the District Attorney shall not issue any waiver to an prospective client with a conviction enumerated in § 160. When deciding whether to issue a waiver, the Office of the District Attorney shall consider, but is not limited to, the following factors: (a) the nature of the past criminal conviction; (b) the quantity and quality of other criminal convictions; (c) the length of time since the prospective client committed the past criminal act; (d) the duration of time the prospective client has lived off of probation or parole without being convicted of any criminal offense; and (e) any extraordinary acts indicating rehabilitation achieved by the prospective client. An appeal or a request for a waiver may be made by the prospective client, DADS D.A.D.S., a parole or probation officer, or any other person acting on behalf of the 12 prospective client. § 123 change.in Client Status. 1. If a county-referred client is moved from a facility, the appropriate court, county department or agency shall be notified within twenty-four (24) hours.or the next working day. "Moved" would include a client being terminated from a program. 2. All terminated clients shall receive a referral to another county-certified facility. § 124 Confidentiality Waiver. All clients from the criminal justice system who are referred from any court, county department or agency shall sign a waiver of confidentiality (consistent with federal regulations found in 42 C.F.R., Part 2) at the time of admission into the facility and the facility shall maintain that waiver in its records. § 125 Criminal Activity. No criminal activity shall be promoted, condoned or permitted at the fac'ility or at any activity associated with the facility. § 126 Training. A director of a facility accepting criminal justice clients or his or her designee shall attend all required meetings and training events conducted by any court, county department or agency. Article 2. Good Neighbor Policy. § 127 Good Neighbor Policy. Santa Clara County certified adult alcohol and drags residential facilities are committed to providing neighborhood-based treatment services for clients with substance abuse issues. As such, all certified facilities shall ensure that residents are supervised, homes are maintained and staff and residents conduct themselves in a responsible manner that does not alienate the community. This "good neighbor" conduct requirement shall include but is not limited to the policies outlined in §§ 129-133 of this chapter. § 128 New Locations. Before an applicant chooses a facility site, the following should be considered in order to establish good relations with nearby residents and property owners: 1. The applicant shall confirm that the facility and proposed use complies with all applicable zoning and use regulations; ~ The applicant should choose a facility site that ensures that group homes are dispersed throughout Santa Clara County rather than concentrating in a particular neighborhood.. 13 3. The applicant should have a good neighbor plan that may be put into effect as soon as the facility opens in order to maintain a positive reputation in the community. § 129 Maintenance. In order to avoid possible ill will among neighbors, all facilities shall maintain the interior and exterior of all facility buildings in good repair, and in a manner that conforms to neighborhood standards with regard to facility conditions, landscaping, painting and d6cor. A District Attorney investigator shall inspect all residential facilities in order to ensure that the interior and exterior of all facility buildings conform to neighborhood standards. § 130 ~Neighborhood Complaints. Each facility should develop a written procedure to govern how staff may handle a neighbor-generated complaint. 2. As Part of the good neighbor plan, each residential facility shall ensure that the neighboring residents are advised of the facility's complaint procedure. 3.- Each facility should provide mediation training to the person assigned to deal with complaints so that each complaint may be handled in a positive manner. If a neighbor complaint is legitimate,' each facility should immediately address the problem so that it does not reoccur. If the complainant is not satisfied with the results, the complainant should be encouraged to call the 1-800 complaint number. A District Attorney investigator will assist in the process of conflict resolution. § 131 Staff and Resident Conduct. Since a facility's staffand residents represent the facility in the community, each residential'facility should consider implementing the following comportment guidelines to ensure proper behavior: 1. Staff shall properly supervise all residents in the facility; o o Staff and residents should adopt an attitude reflecting their desire to be productive members of the community; Staff and residents shall use only the backyard for outside activities, not the front yard (e.g. socializing and smoking); Staff and residents shall not play radios outside the house or in a manner that would disturb the neighbors or other residents inside the home; Staff and residents should nOt borrow from the neighborS; 14 6. Staff and residents shall not use loud, abusive or vulgar language in or around the facility. § 132 Vehicles. All staff and ·residents who own or operate vehicles, including but not limited to motor vehicles, bicycles or boats, shall: Observe all vehicle safety and driving laws at all times; Have adequate motor vehicle insurance and a valid driver's license as required by law; Operate vehicles in a manner that does not disturb other residents or neighbors by excessive honking or leaving the engine running; 4. Observe established parking policies that may include the following: (a) Park in designated sites for the'facility only; (b) Keep grass inthe front yard and public walkway clear of vehicles; (c) DO not engage in automotive repair or maintenance at the facility. Only keep at the facility vehicles used as primary transportation for staff and residents. § 133 Community Service and Involvement. In order to foster good relations between the staff and residents of a residential facility and other members of the community where the facility is located, staff and residents should be encouraged to participate in community service activities that would tend to foster good will between the recovery community and their neighborhood. § 134 1. 2. Each staff member shall have a copy. § 135 Contents of Policy and Procedure Manual. The policy and procedure manual shall include the, following: Article 3. Policy and Procedure Manual. Policy and Procedure Manual. Each facility shall maintain a policy and procedure manual on site. 1. Employee procedures: 15 (a) Job descriptions for all staff positions; (b) A formal discharge procedure for staff; (c) An organizational chart of the entire agency depicting lines of authority; (d) An Equal Opportunity Employment Statement; (e) A procedure to immediately notify the District Attorney's Office of any change in the designated staff. 2. Non-discrimination procedures: o (a) A written prohibition against sexual harassment; (b) A written prohibition against discrimination in accordance with County regulations. (See Appendix A); (c) A written policy supporting a Drug-Free Work Place and facility, including procedures for compliance with the California Drug-Free Work Place Act and the provisions of California Government Code § 8350, et seq., and a procedure to advise all staff and residents of changes in these policies; (d) A written prohibition against the inappropriate use of prescribed medications at the facility; .,. (e) A written prohibition against personal and financial conflicts of interest; (f) Written standards of professional ethics for the staff, including a prohibition against personal relationships between staff and residents. Good Neighbor policy. Each facility shall have a written drug and alcohol relapse policy and procedure. Article 4. Client Files. § 136 Client File Maintenance. All client files shall be handled in the following manner: 1. All files shall be kept in a locked cabinet; 2. Each client shall have a single file and its contents should not be.commingled with another client's file; 3. Access to client files shall be limited to the director and other specified personnel who must access the files. § 137 Individual Client File Contents. · Individual client files shall include the following: 1. For clients referred by the criminal justice system; 16 (a) Standard form authorizing disclosure of information to the criminal justice agencies (b) Copies of all progress reports and all correspondence written by the staff regarding the client; (c) Dates and results of all drug and alcohol tests; (d) Date of the client's entry and completion or termination date from the facility, including the circumstances of his or her exit from the program; (e) The client's fee payment record that includes amount of fee, and the date and amount of payment; (f) An initialed and signed copy of the rules, regulations and client intake forms that have been individually signed and dated by the client upon entry into the program. 2. For clients who are not referred by .the criminal justice system; t~,~c"~ A completed consent ~d authori~tion fo~ with a limited waiver of confidentiality for the pu~ose of inspection of the facility by authorized representatives of the Office of~e District A~omey which includes an advisement to the client ~at such authorized representatives from the District A~omey's Office may be visiting ~d inspecting the facility even if the non- criminal justices system clients ~e present in the facility at the time of this inspection ~d that consent to such limited inspection is a condition of admission ~d treatment ~d; Any other records required by state or federal law, or, if applicable, the facility's contract with DADSD.A.D.S. Article 5. Client Log. § 138 Client Log at Each Facility. 1. Each facility shall maintain a continuing record of all criminal justice referral clients as they enroll and exit the facility that shall be maintained for one (1) year. 2. Each facility shall kccp an in-and-out log recording thc date, time and client's name for each entrance to and exit from the facility of a criminal justice referral client. § 139 Multiple Facilities. Programs with multiple residential facilities shall maintain a current master)og of all residents who reside at each location. 17 Article 6. Fees and Payments. § 140 Fee Schedule. 1. Each facility shall have a written fee schedule that is provided to'all clients and is posted at the facility. Each facility shall advise all clients of the exact fees required for the program as well as any fee payment policies or procedures at the time the client is admitted into the facility. 3. No facility shall charge a client more than the actual cost to the facility for supplies, staff time, and the laboratory analysis for any drug or alcohol test. 4. No facility shall charge a client a relapse or re-entry fee. 5. Upon a client's admission to the facility, the facility shall inform the Client whether or not it will provide meals. 6. Upon a client's admission to the facility, the facility shall inform the client what items it will provide and which personal items the client must provide. § 141 Food Stamps. All facilities shall advise staff that they may not commingle their funds with client funds and that they may not collect or cash a resident's food stamps. § 142 General Assistance. In order for a facility to accept a resident's General Assistance rent allowance, the facility shall follow all procedures required by the County's Social Services Agency. § 143 Delinquent Payments. Each facility should have a written policy regarding fee payments, delinquent payments or payment plans. § 144 Advance Payment of Fees and Repayment of Fees. Each facility shall have a written policy regarding refunds for advance payment of fees and repayment of fees. § 145 Client Receipt for Fees. Upon the payment of fees, each facility shall provide the client with a signe~l receipt that contains the client and program names, the date and the name of the person issuing the receipt. 18 Article 7. Reports. § 146 Authorized Personnel. For criminal justice referrals, only authorized personnel who meet staff requirements pursuant to Chapter IV, § 152 of the certification guidelines shall write and sign letters and progress reports to any court, county department or agency. § 147 Accurate Progress Reports. For criminal justice referrals, each facility shall submit accurate client Progress reports to the appropriate court, county department, agency and District Attorney's Office, upon request or as required by the terms of the criminal justice referral. § 148 False Reports. Each facility shall instruct staff and residents that pursuant to California Penal Code § 134, it is a felony to prepare or produce any type of written instrument that is false or antedated, if that instrument is to be prese~nted for any judicial trial, proceeding or inquiry. CHAPTER IV. STAFF MINIMUM CERTIFICATION REQUIREMENTS Article 1. Staff Background Investigations. § 149 Staff Required to Submit to Background Investigation. Before a facility is certified, each staff member is subject to a background investigation by the District Attorney's Office, pursuant to Penal Code § 11105(b), if their duties and responsibilities involve: (a) Direct client supervision (b) Unsupervised contact with clients (c) Access to client medication or drugs (d) Access to client money or financial documents (e) Providing oral or written reports to any court, cOunty department, agency or other providers about client progress. 2. The staff positions listed in Article 1, § 149 may include but are not limited to the following staff.' (a) Director (b) House manager (c) Counselor (d) Peer coordinator 19 (e) Consultant (f) Advisor (g) Court liaison (h) Administrative staff (i) Driver (j) Kitchen coordinator/manager (k) Security guard (1) Facility manager The director may designate the exact title of each staff member. Each staff member's application must include a detailed description of his or her duties and responsibilities. Based upon the staff position to be filled and the description of the duties and responsibilities contained in the staff members application, the District Attorney's'Office shall make a determination if the staff member requires a background investigation and what other certification guideline criteria are applicable before the staff member may receive certification. § 150 Article 2. Staff Applications. When Staff Application Must Be Submitted. All applications for new staff shall be submitted prior to employment and in the case of unforeseen emergencies or vacancies, applications must be submitted within forty-eight (48) hours. § 151 Content of Staff Application. 1. The application and supporting documents for all facility staff positions shall contain the following: (a) A definition and detailed description of the staff position to be filled; (b) The name of the facility, and the address and phone number of the prospective employer; (c) The name of the director of the facility; (d) The full name of the applicant and any and all prior names used; (e) The current residence address and telephone number of the applicant; (f) The date of birth of the applicant; (g) The Social Security number of the applicant; (h) The California Driver's License or Identification Card nUmber of the applicant as well as any out-of-state driver's license or identification card numbers of the applicant, (i) Any formal education or academic achievements of the applicant; (j) A list of the applicant's prior specific work experience; (k) An indication of the applicant's criminal gang participatiOn;involvement or affiliation. (See § 166, in these guidelines.) 2. The applicant shall sign the application under penalty of perjury. 20 Article 3. Designated Staff Minimum Requirements. § 152 Director and Head of Administrative Staff. Responsibilities: The director is ultimately responsible for all staff members. Administrative staff members supervise staff and clients. Each director may choose different titles for these positions, but the minimum background requirements for the individuals who fill these positions must be as set forth in the certification guidelines. The director shall be responsible for writing and signing all client progress reports to all courts, county departments and agencies. Education and Experience: The director shall demonstrate that he or she has the education, training or experience to aid in the rehabilitation of a drug and alcohol addicted and/or criminal client, shall meet at least one of the following minimum requirements and shall provide proof that such requirements have been satisfied: (a) Possess a four year college degree; or (b) Possess the California Association of Drug and Alcohol Counselors (C.A.D.A.A.C., C.A.D.C.) certification or an equivalent certification; or (c) Possess four years experience as a counselor, supervisor, or Other related experience which would aid in the rehabilitation of a drug and alcohol- addicted and/or criminal client. § 153 Counselor. Responsibilities: The counselor will provide specific drug and alcohol treatment or other related therapeutic and rehabilitative services to the client. The counselor will be trained and supervised by the director or administrative staff and will be subject to alcohol and drug testing by the director. The counselor shall not sign progress reports addressed to any court, county department or agency. Education and Experience: The counselor shall demonstrate that he or she has education, training or experience that will aid in the rehabilitation of a drug and- alcohol addicted and/or criminal client, shall meet at least one of the following minimum requirements and shall show proof that such minimum requirements have been satisfied: (a) Possess a two-year college degree; or (b) Have completed the classes required for California Association of Drug and Alcohol Counselor's certification (C.A.D.A.A.C., C.A.D.C.) or an equivalent certification; or (c) Possess two years experience as a counselor or other related experience that would aid in the rehabilitation of a drug and' alcohol addicted and/or criminal client. -- .~ 21 § 154 House Manager for Residential Facility. Responsibilities: Although the director of the facility has final authority within the organization, each residential facility shall have a designated house manager who resides at the facility and who is in charge of the daily operation of the facility. 2. The house manager may be required to: (a) Ensure the safety of the building; (b) Collect the resident fees; (c) Maintain the rules and guidelines; (d) Provide support and referral information to the residents, but shall not provide counseling or treatment to the residents. 3. The house manager shall not write or sign progress reports to any court, county department or agency. 4. The house manager shall be subject to alcohol and drug testing by the director. The house manager may administer drug and alcohol tests to the residents. 155 Peer Coordinator/Assistant House Manager for Residential Facility. Responsibilities: In addition to the house manager that must reside at the facility, each residential facility may have a designated resident who serves as the peer coOrdinator/assistant house manager and who assists the house manager. 2. The peer coordinator/assistant house manager may: (a) Oversee the household chore list and schedule; (b) Help facilitate house meetings; (c) Report any concerns regarding the residents or facility maintenance to the house manager or director. 3. The peer coordinator/assistant house manager shall not supervise Or provide referral information, counseling or treatment to residents. 4. The peer cOordinator/assistant house manager shall not write or sign progress reports to any court, county department or agency. 5. The peer coordinator/assistant house manager shall be subject to alcohol and drug testing by the director or house manager. Article 4. Improper Staff Conduct. - .. §156 Improper Staff Conduct. A certified staff member shall not have a prior history demonstrating the following 22 improper conduct that includes but is not limited to the following: Forging or falsifying documents to any courts, county agencies, departments, licensed treatment facilities or "'-~-~ ~;,,: ...... : ....... ' ,' o 0,.~,-.. ,~ · ..~ ,. ............ ntsober-hxm~ environments, or presenting documents known to be forged or falsified; 2. Falsifying drug tests or presenting the results of drug testknown to be false; Engaging in inappropriate behavior with residential staff or clients at a residential alcohol or drug treatment facility, including but not limited to the following: § 157 (a). Sexual assault or harassment; (b) Physical assault; (c) Embezzlement or other theft-related conduct; (d) Selling or furnishing drugs; (e) Selling or furnishing alcohol to facility residents; (f) Entering in any financial agreement, venture or proposition with a client unless previously approved by the director. Falsifying Information on Staff Application. 1. A person shall not falsify information on an application for Certification or allow information known to be incorrect to be presented on an application for certification. o The information that must be provided truthfully includes, but is not limited to the individual's legal name, date of birth, current address, social securitY number, and driver's license or identification card number. 3. Knowing and falsifying information on the application for certification shall be good cause for a denial of certification or for termination of existing certification. Article 5. Sobriety. § 158 Staff Member Minimum Standards. The following guidelines are recommendations for staff member sobriety and each facility shall apply such recommendations within the bounds of existing laws: Director: If the applicant is a former drug or alcohol abuser, he or she should have a minimum of four (4) years sobriety and may be participating in a continued program of personal enhancement and recovery. Counselor: If the applicant is a former drug or alcohol abuserl he or she should have a minimum of two (2) years sobriety and may be participating in a continued program of personal enhancement and recovery. 23. House manager: If the applicant is a former drag or alcohol abuser, he or she should have a minimum of six (6) months of sobriety and may be participating in a continued program of personal enhancement and recovery. Assistant house manager/peer coordinator: If the applicant is a former drag or alcohol abuser, he or she should have a minimum of three (3) months of sobriety and may be participating in a continued program of personal enhancement and recovery. Article 6. Criminal Convictions, Probation and Parole. § 159 Designated Staff Minimum Years for Prior Criminal Convictions. 1. Director: The applicant for the position of director shall not have any criminal convictions for a minimum of four (4) years prior to applying for certification. 2. Counselor: The applicant for the position of counselor shall not have any criminal convictions for a minimum of two (2) years prior to applying for certification. "Criminal convictions" refers to a final judgment on a verdict or finding of guilt, a plea of guilty or nolo contendere for all misdemeanor and felony offenses, including those offenses set out in §§ 160 through 163. 4. "Criminal convictions" do not include: (a) Any arrests or detentions that did not result in a conviction; (b) Any traffic infractions; (c) Any conviction for which the record has been judicially ordered sealed, expunged or has been statutorily eradicated; (d) AnY misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed; (e) Any convictiOn stay for which a pre-trial diversion program has been successfully completed pursuant to California Penal Code § § 1000.4 and 1000.5. § 160 Prior Conviction for Designated Sexual Offenses. 1. The applicant shall not have any prior convictions for any designated sexual offenses. ' "Designated sexual offenses'' shall include any of the following crimes pursuant to Califomia Penal Code §§ 261,262, 264.1,265, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i. 266j, 269, 285,286, 286.5, 288,288.1,288.2, 288.5,288a, 289, 289.5, 289.6, 311.2, 311.3,311.4, 311.10, 311.11,647.6. 3. The applicant shall not be a sexual registrant pursuant to California-Penal Code § 290. 24 § 161 Prior Conviction for Arson. 1. The applicant shall not have any prior convictions for offenses involVing designated arson crimes. 2. "Designated arson crimes" shall include any of the following offenses pursuant to California Penal Code 8§ 451,451.1,451.5, 452, 452.1,453,454 and-455. § 162 Prior Conviction for Violent Felony. 1. The applicant shall not have any prior convictions for offenses involving a violent felony, pursuant to California Penal Code § 667.5, for a period of seven (7) years from the date of completion of probation or parole and the date of the application. Notwithstanding the seven (7) year grace period 'afforded by this section, there is no grace period for any of the designated sexual offenses enumerated in § 160. 2. "Violent felony" shall include any of the crimes identified in California Penal Code § 667.5 and exclude, for the purpose of this section, those offenses enumerated in § 160. § 163 Prior Conviction for Serious Fel6ny. The applicant shall not have any prior convictions for offenses involving a serious felony pursuant to California Penal Code § 1192.7 for a period of seven (7) years from the date of completion of probation or parole and the date of the application. "Serious felony" shall include those felonies identified in California Penal Code § 1192.7 and exclude, for the purposes of this section, those offenses enumerated in § 160.. § 164. Pending Criminal Convictions and Outstanding Warrants. The applicant shall not have any pending criminal charges or any outstanding warrants. § 165 Staff Minimum Years for Completion of Probation or Parole. Director: If the applicant has any convictions, he or she shall have completed drug diversion, deferred entry of judgment, formal probation, court probation, or parole a minimum of four (4) years prior to applying for certification. Counselor: If the applicant has any convictions, he or she shall have completed drug diversion, deferred entry of judgment, formal probation, court probation or parole a minimum of two (2) years prior to applying for certification. o House manager: The applicant shall not be currently on diversion, deferred entry of judgment, or parole for any offense at the time the application for certification is submitted. 25 '4. Assistant house manager/peer coordinator: The applicant may be on formal probation, drug diversion, deferred entry of judgment, court probation, or parole for a non-violent offense. Article 7. Gang Affiliation. § 166 Criminal Gangs. No facility staff member or client shall be currently affiliated with or participate in any criminal activity associated with a criminal street gang, prison gang or criminal motor cycle gang. Article 8. Replacement or Appointment of Director and House Manager. § 167 Replacement of Director and House Manager. In order to be assured that a facility continues to meet the certification standards for clients, staff, facility and neighborhood, safety, a permanent director or house manager shall be replaced as soon as possible but no later than: (a) Six (6) months from the date the director position becomes vacant; (b) Three (3) months from the date the house manager position becomes vacant. § 168 Appointment of Acting Director or House Manager. In order to be assured that a facility continues to meet the certification standards for clients, staff, facility and neighborhood safety, staff interim positions must be filled no later than: (a) Seventy-two (72) hours from the time the position becomes vacant for the position of acting director, who must qualify for the position under the certification guidelines; (b) Twenty-four (24) hours from the time the position becomes 'vacant for the position of acting house manager, who shall qualify under the certification guidelines. Article 9. Denial of Staff Application for Certification. § 169 Denial of Staff ApPlication for Certification. The District Attorney's Office may deny a prospective staff member's application for certification for any of the following reasons: -~ 1. Review of the application indicates that the applicant is not in compliance with the provisions of Chapter IV of the certification guidelines; or 26 2. The applicant fails to remedy each deficiency identified in the written notice. §.170 Staff Notice and Right to Reconsideration. The District Attomey"s Office will send a written notice to an applicant if certification is denied that shall: 1. Explain the reasons for denial; 2. Detail the corrections required to the particular noncompliance specified in the notice issued; 3.' Specify a compliance date by which time all corrections to the application shall be complete and the application reviewed again; 4. Advise the applicant of his or her right of reconsideration and appeal in accordance with the certification guidelines. § 171 Staff ProcedUre for Reconsideration. A prospective staff member whose application has been denied may file a written request for reconsideration to the certification coordinator no later than five (5) days from the date of the service of the notice of denial of certification. If a staff member, whose certification has been denied based on a prior misdemeanor conviction or probationary or parole status, was applying to work for a facility with an independent contract with D.A.D.S., then that denied staff member may, at his or her sole discretion, request a representative from D.A.D.S. meet with the certification coordinator from the Office of the District Attorney to determine if a waiver of a certification requirement would be appropriate in this case. The certification coordinator from the Office of the District Attomey shall be the sole and final arbiter of this decision. D.A.D.S. shall provide the Office of the District Attorney with a regularly updated list of all the facilities with which they have independent cOntracts. 2. The certification coordinator shall schedule a hearing which shall be held no later than ten (10) business days after receipt of a timely request for reconSideration. 3. The certification coordinator shall serve a notice of hearing on the applicant, no later than ten (10) business days prior to the scheduled date of the hearing. 4. At the hearing before the certification coordinator, the applicant shall be given an oppommity to present witnesses and documentary evidence. o The hearing shall be conducted informally and the California Evidence Code shall not apply. Rather, the certification coordinator may consider all evidence which he or she deems reliable, relevant and not unduly repetitious. - 6. The certification coordinator shall serve a written decision sustaining, reversing or modifying his or her decision. 27 The decision by the certification coordinator after the hearing shall become final unless the applicant files an appeal to a neutral arbitrator who shall be a member of the Certification Appeals Board pursuant to the guidelines in Chapter VI. CHAPTER V. ENFORCEMENT Article 1. Denial of Facility Certification § 172 Denial of Facility Certification. The District Attorney's Office may deny a facility's application for certification for the following reasons: 1. Review of the application indicates that the applicant is not in compliance with any of the provisions of the certification guidelines. 2. The applicant fails to remedy each deficiency identified in the written notice pursuant to Chapters and sections designated. D.A.D.S. shall be the sole jUdge as to whether an applicant is in compliance with any provision of the certification guidelines relating to a treatment issue. § 173 Facility Notice and Right to Reconsideration. The District Attorney's Office will send a written notice to an applicant if certification is denied that shall: 1. Explain the basis for denial; 2. Detail the correction required to remedy any noncompliance specified in the notice issued; 3. Specify the compliance date by which time all corrections to the application shall be complete and the application reviewed again; 4. Advise the applicant of his or her right of reconsideration and appeal in accordance with the certification guidelines. The compliance date by which time all corrections to the application ,shall be complete shall be no less than thirty-five (35) days from the date of the written notice. The denial of certification shall not take effect until the day after the compliance date. If the facility which has been denied has an independent contract with D.A.D.S., then the District Attorney's Office shall also notify D.A.D.S.. 28 § 174 Procedure for Reconsideration. If a facility's certification has been denied, the applicant may file a written request for reconsideration to the certification coordinator no later than five (5) days from the date of the service of the notice of denial of certification. 2. The certification coordinator shall schedule a hearing which shall be held no later than ten (10) business days after receipt of a timely request for reconsideration. 3. The certification coordinator shall serve a notice of hearing on the applicant, no later than ten (10) business days prior to the scheduled date of the hearing. 4. At the hearing before the certification coordinator, the applicant shall be given an opportunity to present witnesses and documentary evidence. 5. The hearing will be conducted informally and the technical rules of the Califomia Evidence Code shall not apply. Rather, the certification coordinator may consider all evidence which he or she deems reliable, relevant and not unduly repetitious. 6. The certification coordinator shall serve a written decision sustaining, reversing or modifying his or her decision. After the hearing, the decision by the certification coordinator shall become final unless the applicant files an appeal to a neutral arbitrator pursuant to the guidelines in Chapter VI. Article 2. Types of Deficiencies for Denial of Certification or Imposition of Sanctions.. § 175 Deficiencies. A "deficiency" as used in this Chapter means a failure to comply with the certification guidelines and can be a cause for a denial of certification or a notice of sanction. A '.'deficiency" shall include but is not limited to any of the following: (a) Facility deficiencies: 1) Code violations for capacity, fire or zoning ordinances; 2) Good Neighbor policy violations for excessive noise, parking, or frequent police activity; 3) Physical building defects due to unsafe structures or unkempt furnishings; 4) Maintenance defects in the building plumbing, heating or upkeep; 5) Unsanitary conditions in food preparation and. storage or bathrooms; 6) Unsafe conditions on the premises or with facility equipment; 7) Lack of client or staff supervision resulting in violations of ~les of conduct;' 8) Staff non-compliance with facility procedures; 9) Unsafe or inappropriate treatment of residents; 29 10) Staffnon-compliance with facility drug testing resulting in failure to report results or in the falsification of results; 11) For criminal justice referrals, failure to notify the Adult Probation Department within forty-eight (48) hours that the client tested positive for drugs, was terminated fi.om the program, or left the program before completion. (b) Treatment deficiencies: 1. Treatment deficiencies of any sort as determined by the Department of Alcohol and Drug Programs. Article 3. Development of a Corrective Action Plan. § 176 Corrective Action Plan. Upon receipt of a notice of deficiency, the director of the facility shall submit written verification of correction for each deficiency identified in the notice of deficiency to the certification coordinator including the date of the correction. The written verification shall be postmarked no later than the date specified in the notice of deficiency. If the director cannot correct a deficiency by the date specified in the notice of deficiency, he or she shall submit a written corrective action plan to the certification coordinator that shall, be post-marked no later than the date specified in the notice of 'deficiency. ~ 3. The corrective action plan shall specify the steps taken to correct the deficiency and specify the date by when the deficiency will be corrected. 4. In reviewing the corrective action plan, the District Attorney's Office shall consider: (a) Any potential hazard presented by the deficiency; (b) The number of residents impacted by the deficiency; (c) Any documentation submitted by the director to substantiate the proposed corrective action plan. o Within ten (10) business days of receipt of the written verification and/or corrective action plan, the District Attorney's Office shall notify the director in writing whether the written certification and/or corrective action plan has been approved. § 177 Follow-up Visit to Verify Correction of Deficiency. 1. The District Attorney's Office may conduct follow-up reviews to determine if the facility has corrected all deficiencies specified in the notice of deficiency. 30 {}178 '1. o o If a follow-up review indicates that a deficiency has not been corrected on or before the date specified in the notice of deficiency or the date outlined in the approved corrective action plan, the District Attorney's Office shall impose a sanction pursuant to §§ 183 through 188. Article 4. Monitoring and Review of Facilities. Monitoring Certified Facilities~ A District Attorney's investigator shall monitor and review each certified facility at least two (2) times during the period of certification in order to determine compliance with the certification guidelines. The monitoring investigator may conduct a site inspection of the facility with or without advance notice and upon presentation of proper identification, in order to determine compliance with the certification guidelines. The inspection shall be conducted with due regard for residents who may not have been referred by the criminal justice system. The District Attorney's Office shall not access individual client files of voluntary clients who have not been referred by the criminal justice system absent informed consent, court order, or application of an exemption to 42 CFR Part 2. The monitoring investigator may conduct private staff interviews and inspect the facility. After the completion of the monitoring inspection, the monitoring investigator shall prepare a written report that shall be submitted to the certification coordinator. If the inspection reveals deficiencies in the facilities, a written notice of deficiency that lists all deficiencies shall be mailed to the director or his or her designee within ten (10) business days of the completion of the monitoring review report. 6. The notice of deficiency shall specify: (a) The section numbers of the certification guidelines or code section of each statute or regulation which has been violated; (b) Any suggested corrections for each deficiency; (c) The date by which each deficiency shall be corrected; (d) Procedure for appeal pursuant to Chapter VI of the certification guidelines. The director or his or her designee shall provide the District Attorney's Office with a written response in which compliance with the notice of deficiency and all corrective actions taken is demonstrated. 31 Article 5. Investigation of Complaints. § 179 Complaint Defined. A complaint is a formal or informal negative allegation regarding a possible violation of the certification guidelines and may include, but is not limited to criminal activity, client safety, good neighbor policy, zoning issues, and staff or client use or sale of drugs. § 180 Complaints Regarding Criminal Activity. All complaints about criminal activity shall be immediately reported to the police department having jurisdiction over the area where the facility is located. § 181 Complaints Regarding Certification Guidelines. o Any person may file a complaint regarding a violation of the certification guidelines by contacting the District Attorney investigator who is assigned to the certification program or the.certification coordinator. If the complaint pertains to a treatment issue, then the District Attorney investigator shall inform D.A.D:S.: D.A.D.S. shall handle all investigations of treatment issues. That investigation shall be pursuant to the procedures set forth in this section._ D.A.D.S shall inform the Office of the District Attorney of the results of any such investigation. The District Attorney's Office shall not disclose the identity of the complainant unless the complainant gives express permission to do so. If requested by.the complainant, the District Attorney's Office shall notify the complainant of the results of the investigation. The District Attorney's Office shall investigate all complaints filed against a facility or staff member. In order to determine compliance .with the certification guidelines and to investigate complaints against a facility, the District Attorney's investigator may conduct a site investigation of any facility with or without advance notice and upon preSentation of proper identification. The District Attorney's investigator assigned to investigate the complaint may interview residents and/or facility staff in private and may inspect the facility subject to the provisions of § 180. After the District Attorney's investigator has completed the investigation, the complaint investigator shall prepare a written report and submit it to the certification coordinator. -... If the complaint investigation discloses deficiencies, a written notice of deficiency listing all deficiencies shall be mailed to the director or to his or her designee within five (5) business days of completion of the investigation. If the Office of the District 32 Attorney handled the investigation, then they shall at this time notify D.A.D.S. of the deficiencies, if D.A.D.S. handled the investigation' into a treatment issue, they shall at this time notify the Office of the District Attorney of the deficiencies. The notice of deficiency shall specify: (a) The number of the certification guideline, title, and code section of each statute or regulation which has been violated, if relevant; (b) The manner in which the certified_facility fails to comply with the specified guidelines, statute or regulation and recommended corrections; (c) The date by which each deficiency shall be corrected; (d) The appeals procedure outlined in Chapter VI of the certification, guidelines. The director or his or her designee shall respond to the notice of deficiency and send written verification of compliance to the District Attorney's Office within ten (10) business days or provide a reasonable deadline for compliance and the reasons why the ten (10) business day deadline cannot be met. § 182 Emergency. If the District Attorney's investigator determines that there is an emergency that jeopardizes the public safety or safety of the facility,, he or she shall recommend to the certification coordinator that referrals to that facility be suspended pending further. investigation. D.A.D.S. shall be immediately notified concerning said decision. Article 6. Sanctions. § 183 Sanctions Defined. A "sanction" is a disciplinary action taken by the District Attomey's Office that is designed to secure enforcement of the certification guidelines by imposing a penalty for a violation of the guidelines. § 184 Purpose of Sanctions. 1. The purpose of imposing sanctions is to: (a) Protect the safety of the community, staffand residents; (b) Assist the certified facility in maintaining a quality level of continuing care and service. 2. All sanctions imposed shall be handled individually, using a variety of sanctions. § '185 Types 'of Sanctions. 1. The District Attorney's Office may impose one or more of the following sanctions for a violation of the certification guidelines: 33 (a) Oral Reprimand: For a minor violation, an oral reprimand that may include counseling to assist the facility to explore remedies; (b) Written Reprimand: For a serious violation, a letter of reprimand containing a description of the problem and recommended corrective action with an expected date of completion will be sent to the offending facility and will become a permanent part of the facility file; (c) Suspension of Certification: If the violation is very serious, or if serious violations are repeated, the District Attorney's Office may suspend the certification of the facility for a specific Period of time during which the facility may not receive further client referrals from any court, county agency or department. Clients who were residing in the facility prior to the suspension may remain and complete the program; (d) Revocation of Certification: The most serious disciplinary action is the revocation of facility certification. If the'public, staff or residents are placed in immediate danger, the certification coordinator shall immediately revoke the facility's certification pursuant to the provisions of Chapter V of the certification guidelines, subject to a later review by the Certification Appeals Board. Revocation of certification is for an indefinite period of time. Upon certification revocation, all clients referred by any court, county department or agency shall be removed from the facility and placed in another county- certified facility and shall not receive any additional county-referred clients until further notice. If circumstances exist that would not place the public, staff or residents in immediate danger but could possibly warrant certification revocation, the certification coordinator may recommend that the Certification Appeals Board revoke certification as a disciplinary measure. § 186 Right to Appeal Imposed Sanctions. Each individual or facility has a right to appeal any sanction imposed pursuant to the provisions of Chapter VI. § 187 Failure to Follow Imposed Sanctions. Failure to comply with an imposed sanction may result in the imposition of a more severe sanction. § 188 Notice to Interested Parties. Once sanctions have been imposed on a facility or an individual, the District Attorney's Office shall send a written notice of sanction to all courts, county departments, agencies and certified providers. 34 CHAPTER VI. APPEALS AND HEARINGS. Article 1. Right to Appeal from the Denial of Certification or the Imposition of a Sanction. § 189 Facility Right to Appeal Denial of Certification or Imposition of Sanctions. If a facility has been denied certification and the certification coordinator has denied the appeal for reconsideration, the director may file an appeal to the Certification Appeals Board. 2. If a sanction has been imposed on a facility, the director may file an appeal to the Certification Appeals Board. § 190 Staff Right to Appeal Denial of Certification or Imposition of Sanctions. If a staff member has been denied certification and the certification coordinator has denied the appeal for reconsideration, the applicant may file an appeal to the Certification Appeals Board. · ' If a sanction has been imposed on a staff member, he or she may file an appeal to the Certification Appeals Board. An appeal for reconsideration to the certification coordinator is not available for an imposition of a sanction. Article 2. Certification Appeals Board § 191 Certification Appeals Board. There is hereby established a Certification Appeals Board. § 192 Board Membership~ 1. The Certification Appeals Board shall consist of five (5) members selected from the following: (a) A former employee or former director of a drag or alcohol facility certified according to these procedures; (b) A current member of the Santa Clara County Bar Association; (c) A member of a community neighborhood association or coalition member-at- large; (d) A current or retired deputy probation officer or parole agent; (e) A member-at-large from the community; (f) A current director of a drug or alcohol county certified residential program, a regulatedsv, ber~.~;-':-'~, ,.,.~ ~.~,~ ................ ';~^~-~'~sober-h'~n~,'" o enx, ironment-or a .county outpatient program. 35 2. The members of the Certification Appeals Board shall be nominated and appointed in accordance with the current Rules of the Board of Supervisors on file with the Clerk of the Board of Supervisors. 3. The term of each member of the Certification Appeals Board shall be three (3) years to be served in staggered terms so that the terms of no more than two (2) members shall lapse in the same year. Whenever a member fails to attend more than three consecutive meeting of the Certification Appeals Board withOut good cause, a vacancy shall exist and shall be reported to the Board of Supervisors or its designee so that the position may immediately be filled. § 193 Duties of the Certification Appeals Board. The Certification Appeals Board shall: 1. Review the decisions of the certification coordinator when there is an appeal filed for a denial of certification; 2. Review all sanction appeals for facilities and staff; 3. Meet at least once a year and appoint a Chairperson. § 194 Sanction Appeals. Appeals of sanctions shall be conducted as follows: Upon determination that sanctions will be imposed upon a facility or staff member, the District Attorney's Office will provide written notification of the grounds for the sanctions and of the extent of the sanctions to the director of the facility being sanctioned. (a) The notification will include a copy of the appeal procedures set forth herein. BefOre the sanction is imposed, the facility or staff member shall have an opportunity to take voluntary corrective action unless the basis for the sanction poses an immediate danger to the health, safety or welfare of the public, staff or residents. o If the facility or individual staff member decides to appeal the sanction, the appeal shall be in writing and shall be received by the Santa Clara County District Attorney's Office, Adult Alcohol and Drug Certification Programs Coordinator within ten (10) days of the date of the notice of sanctions. § 195 Procedures for Certification Appeals Board Hearings. ~-_ _ 1. An individual staff member may appeal the imposition of sanctions that have been imposed upon them personally just as a director may appeal the imposition on his or 36 her residential treatment facility or ~'-~'"" ~;'~; ...... : ........ + - ,- ............ e ................. sober-h~ lng envirom'ncnt. o o If an individual staff member or facility files an appeal in a timely manner, the certification coordinator will schedule a hearing before the Certification Appeals Board within thirty (30) business days. Under no circumstances will the appeals hearing be held in fewer than ten (10) business days after the date the appeal is filed. The certification coordinator shall provide the facility or staff member with written notice of the hearing that includes the date, time and location of the hearing. During the hearing, the affected facility or staff member as well as the certification coordinator shall be given the opportunity to present evidence including but not limited to sworn testimony, sworn affidavits and documentary evidence. At the close of the hearing at which a minimum of three' (3) Board members must attend and participate in the deliberation, the Certification Appeals Board may uphold, set aside or modify the sanctions based upon a preponderance of the evidence presented. Within five (5) business days after the hearing, the Certification Appeals Board shall serve a written decision sustaining, reversing or modifying the decision of the certification coordinator. The Certification Appeals Board decision shall be the final administrative determination. CHAPTER VII. ADULT RESIDENTIAL DRUG AND ALCOHOL TREATMENT FACILITY MINIMUM REQUIREMENTS. Article 1. Definition and Admission Intake. § 196 Intake and Admission. 1. The facility shall have a written intake and admission procedure. For the non-criminal justice system client, the facility staff shall direct r-equesCdam-the client to sign the consent, a',:thcr[zat:.en c,n,3 waiver described in § 137. the client may not reside at the facility; 37 · ,.-~-,, --. .................................. 0.~I e.', ........ c...~.oo o Article 2. Physical Structure of Facili~. § 197 Facility Compliance to Codes and Permit Requirements. Prior to certification each residential treatment facility shall: 1. Possess all required permits; 2. Meet fire safety standards, including those monitoring occupancy limit, smoke detectors and emergency exit plans. § 198 Living Space. Prior to certification each facility shall: 1. Be properly maintained and clean inside and outside; 2. Maintain adequate living space for each resident in the bedrooms and bathrooms, as follows: (a) Each resident shall have his or her own bed which is on a bed frame and located in a bedroom; (b) The bedrooms shall not be overcroWded; (c) Each resident shall have closet and dresser space made available to him or her; --.. ~ (d) Males and females shall not live in the same bedroom or use the same bathroom; (e) There shall be adequate bathrooms access for all residents; 38 (f) The bathrooms shall be clean, provide privacY and contain soap and toilet paper. 3. Maintain proper security including: (a) Appropriate locks on all doors and windows; (b) Control of non-residents entering the facility; (c) Identification of the staff person in charge of the facility. 4. Make available kitchen facilities or services; 5. Provide the residents with a copy of a food preparation and service policy if meals are not included in the program' fees. Such a policy shall inClude the following: (a) The kitchen shall be clean and food shall be properly maintained and stored; (b) There shall be seating in the dining area. 6. Designate a community living area tha~t shall be available to all residents for meetings and guests; 7. Have a smoking policy for all staff, residents and guests. Article 3. Male'and Female Residential Facilities. § 199 Single Gender Facilities. Single gender facilities are encouraged but not mandated. § 200 Co-ed Facilities. If the facility has both male and female residents, there shall be written procedures governing staff and resident condUct which shall include but are not limited to the following: (a) Residents shall comply with guidelines which define appropriate attire; · (b) Male and female residents shall not enter the bedrooms or bathrooms of residents of the opposite gender; (c) Male and female residents shall not share bedrooms; (d) No staff member shall engage in sexual conduct with a resident; (e) No staff member shall engage in behavior that leads to an exclusive relationship with a resident while the resident resides at the facility. Sexual harassment policies shall be posted in the facility along with the ~name and telephone number of a contact person to whom a report may be made in the event of a violation. Article 4. Visitation Rules. 39 § 201 Visitation Rules. The facility shall have a written visitation policy that includes the following safeguards: 1. All visitors shall sign in and out of the facility, using his or her full name; 2. All visitors shall leave the facility no later than the designated cUrfew time established for residents; 3. All visitors shall meet only in the designated visiting areas that are located in the common living areas of the facility; 4. All staff, residents and visitors shall be clean and sober while on the premises; 5. Visitors shall not be left alone in the facility at any time; 6. Regulations regarding children visiting the facility shall inClude: (a) Specific hours for visitation; (b) The type of supervision required; (c) Restriction of children to the common areas. o No adult or child visitor shall stay overnight in the facility unless the facility is specifically licensed by the State of California for such purpose, or unless such visitation is pUrsuant to court order. Irrespective of any court order, no facility may ................. sober-I have an adult or child visitor stay overnight unless the sober living .....; ....... · living environment has appropriate facilities to protect the safety of the ovemight visitor. Article 5. Supervision. § 202 Designated Supervisory Personnel. 1. Each facility shall have designated supervisory personnel available twenty-four (24) hours each day. 2. During each day, all residents shall be actively involved in treatment, school, employment, looking for work or counseling. Article' 6. Resident Sign In/Out Policy and Curfew and Overnight Passes. § 203 Resident Sign In/Out Log and Schedule. Each facility shall maintain a written record where criminal justice referral residents must record their daily entrances and exits of the facility. 40 Each such resident shall pro'vide facility management with his or her work and/or · education schedule along with the address and telephone number of the place of employment, or where he or she attends classes, as applicable 3. Each such resident shall notify the management of any change in his or her treatment, work, education or other activity schedule, as applicable. § 204 Curfew. All facilities shall have a written.resident curfew for weeknights and weekends unless the person is employed during those hours. Article 7. Prescribed Medication and Drug Testing. § 205 Prescribed Medication. Each facility shall have a written policy regarding the use and storage of the residents' prescribed medications. Medications must be appropriately secured. This rule concerning the storage of medications does not apply to those medications, such as an asthma inhaler, to which medical necessity requires the resident have immediate access. The facility shall not dispense medication but must make it available to residents. § 206 Drug and Alcohol Testing. 1. Drug and alcohol testing may be imposed upon residents by parole, probation or the court. 2. All residents may be tested at random to protect the safety and integrity of each facility and resident. 3. The results of all random tests shall be noted in each client's file along with the date of the test and the name of the person who administered the test. Article 8. State Department of Alcohol and Drug Program Treatment Requirements. § 207 State License Required. Each Adult Alcohol and Drug Residential Treatment facility shall have a valid license from the State. of California, Department of Alcohol and Drug Programs (A.D.P.) and shall meet minimum requirements as detailed in the A.D.P. licensing r.egulations and certification standards. - 41 CHAPTER VIII. ADULT SOBER LIVING ENVIRONMENT FACILITY MINIMUM REQUIREMENTS. Article 1. Definition and Admission Intake. § 208 Intake and Admission. 1. The facility shall have a written intake and admission procedure. For the non-criminal justice system client, the facility staff shall request that the client sign the consent,, authorization and waiver described in § 137. All non-criminal justice clients shall be given the definition of a certified-remdated S.L.E. and an S.L.E. as defined in Chapter I of these Guidelines. (a) If the client chooses not to sign the consent, authorization, and waiver, then the client may not reside at the facility; (b) If the client chooses to live in a certified-regulated S.'L.E., the facility shall direct the client to make an appointment with the District AttorneT's Office to access his/her criminal history as described in ~ 122.2. (c) Upon ~~e client's '-~:~ ........ ' ~-~-:-~': .... ~ w~2verrequest, a representative of~e Office of~e Dis~ct A~omey shah access ~e client's cffiminal histo~ ~d dete~ine w~et~er or not t~e client is eligible to reside at the facili~ p~su~t to ~ 122. UPon dete~i~ng eligibility, the copy of the client's cfi~nal histou sh~l then be des~oyed; (d) ~e Office of~e Dist~ct A~omey shall ~en noti~ the facili~ ~d disclose whe~er or not ~e client meets the eligibili~ guidelines p~su~t to ~ 122. No o~er i~o~ation concerning the client's cminal histo~ shall be disclosed. (e) ~e Office of~e Disffict A~omey shall not keep ~y copies of eider the client's criminal histo~, the client's name or the client's ~i~en ~ a'dt~,o~zat~on mad wa~ve~equest. However, the facility must kee~ a copy of the client's ~i~en selection-cffiteria clearance pursuant to ~'122 ~d ~en consent, authoffization and waiver fo~ p~su~t to ~ 137, 3. During the intake and admission appointment the facility staff: 42 (a) Shall review the potential resident's overall treatment plan recommendations from other referral sources; (b) Shall assist the potential resident in implementing any treatment-related court orders; _ (c) Shall identify any prescribed medication used by potential resident; (d) Shall provide the potential resident with a copy of the facility rules and procedures; (e) Shall require the potential criminal justice referral resident to sign all consent forms and confidentiality waivers; (f) Shall read to the client all forms which are then initialed and signed by the potential client. § 209 Facility Compliance to Codes and Permit Requirements. Prior to certification each sober ~:- '~''~ ~ .............. sober-Il', m.e environmen! facility shall: 1. Apply for or be granted a determination of zoning conformance; 2. Possess all required permits; 3. Meet fire safety standards, including those monitoring occupancy limit, smoke detectors and emergency exit plan. § 210 Living Space. Prior to certification each sober ?,5-~z en;"~renmentsober-livin~ environment facility shall: 1. Be properly maintained and clean inside and outside; 2. Maintain adequate living space for each resident in the bedrooms and bathrooms as follows: (a) Each resident shall have his or her own bed which is on a bed frame and located in a bedroom; (b) The bedrooms shall not be overcrowded; (c) Each resident shall have closet and dresser space made available to him or her; (d) No males and females shall live in the same bedroom or use the same bathroom; (e) There shall be. adequate bathrooms for all residents; " (f) The bathrooms shall be clean, provide privacy and contain soap and toilet paper. 3} Maintain proper security including: 43 (a) Appropriate locks on all doors and windows; (b) Control of non-residents entering the facility; (c) Identification of the staff person in charge of the facility. 4. Make available kitchen facilities or services; 5. Provide the residents with a copy of a food preparation and service policy if meals are not included in the program fees. Such a policy shall include the following: (a) The kitchen shall be clean and food shall be properly maintained and stored; (b) There shall be adequate seating in the dining area for the residents. 6. Designate a community living area that shall be available to all residents for meetings and guests; 7. Have a smoking policy for all staff, residents and guests. Article 2. Male and Female Residential Facilities. § 211 Single Gender Facilities. Single gender facilities are encouraged but not mandated. § 212 Co-ed Facilities. If the facility has both male and female residents, there shall be written rules and procedures governing staff and resident conduct which shall include but are not limited to the following: (a) Residents shall comply with guidelines which define appropriate attire; (b) Male and female residents shall not enter the bedrooms or bathrooms of residents of the opposite gender; (c) Male and female residents shall not share bedrooms; (d) No staff member shall engage in sexual conduct with a resident; (e) No staff member shall engage in behavior that leads to an exclusive relationship with a resident while the resident resides at the facility. 2. One male and one female house coordinator shall be available at the facility twenty- four (24) hours per day. o · Sexual harassment policies shall be posted in the facility along with the name and telephone number of a contact person to whom a report may be made in the event of a violation. _. Article 3. Visitation Rules. 44 § 213 Visitation Rules. Eacho........~^~'~ 1;.,;....,, · '"~' ~...,,.,-.*-..,:..~*... .... ; ........... sober-livin.,,, environment facility shall have a written visitation policy that includes the following safeguards: 1. All visitors shall sign in and oUt of the facility, using their full name;. 2. All visitors shall leave the facility no later than 10 p.m.; 3. There shall be designated visiting areas that are located in the common living areas of the facility; 4. All staff, residents and visitors shall be clean and sober while on the premises; 5. Visitors shall not be left alone in the facility at any time; 6. Regulations regarding children visiting the facility shall include: (a) Specific hours for visitation; (b) The type of supervision required; (c) Restriction of children to the common areas. No adult or child visitor shall stay overnight in the facility unless the facility is specifically licensed, by the State of California for such purpose, or unless such visitation is pursuant to court order. Irrespective of any court order, no facility may have an adult or child visitor stay overnight unless the sober !lying envircmmentsober- living environment has appropriate facilities to protect the safety of the overnight visitor. Article 4. SuperVision and House Meetings. § 214 Designated Supervisory Personnel. !. Each o..~.~. ,.,; ....... ; ........ ,~,,ho,-_li,,i~,o environment facility shall have a house manager or director who resides at the facility. 2. Each facility shall have designated supervisory personnel available twenty-four (24) hours each day. 3. During each day, all residents shall be actively involved in treatment, school, employment, looking for work or counseling. ............ ~ .............. .,~,sober-h-~lng environment's house manager or director who resides at the facility shall refer non-working residents to temporar~ employment agencies, volunteer organizations, education, support groups, job training, or other services. 45 § 215 House Meetings. There shall be at least one house meeting per week held at the facility solely to discuss housekeeping and personal roommate issues. Article 5. Resident Sign In/Out Policy, Curfew and Overnight Passes. § 216 Resident Sign In/Out Log and Schedule. 1.. Each facility shall maintain a written record where criminal justice referral residents must record their daily entrances and exits of the facility. Each resident shall provide facility management with his or her work and/or education schedule along with the address and telephone number of the place of employment or where he or she attends classes. 3. Each resident shall notify the management of any change in his or her treatment, work, education or other activity schedule. § 217 Curfew. All facilities shall have a resident curfew of no later than 11:00 p.m. on weeknights and 12:00 a.m. (midnight) on weekends. A facility.Director or House Manager may, on a case-by-case basis, give an individual permission to stay out Past the curfew in order to go to or from work. Permission may also be granted in the case of Emergencies. Article 6. Prescribed Medication and Drug Testing. § 218 Prescribed Medication. Each facility shall have a written policy regarding the use and storage of the residents' prescribed medications. Medications must be appropriately secured.~ This rule concerning the storage of medications does not apply to those medications, such as an asthma inhaler, to which medical necessity requires the resident have immediate access. The facility shall not dispense medication but must make it available to residents. § 219 Drug and Alcohol Testing. 1. Parole, probation or the court may impose and provide drug and alcohol testing to the residents who are criminal justice referrals. 2. All residents may be tested at random to protect the safety and integrity of the facility and the residents. - 3. Positive drug tests of criminal justice clients shall be reported immediately to the probation office/parole agent, or court as soon as possible. 46 .'7 47 APPENDIX "A" No provider shall unlawfully discriminate in the provision of services because of race, color, creed, sexual orientation, national origin, sex, gender, age, or physical or mental disability or condition, including HIV/AIDS status, or any invidious ground, as provided by State and Federal law and in accordance with Title VI of the Civil Rights Act of 1964 [42 USC 2000 (d)]; the Age Discrimination Act of 1975 [42 USC 6101]; the Rehabilitation Act of 1973 [29USC 1681 ]; the Americans with Disabilities Act of 1990 [42 USC 12132; Title 45 of the Code of Federal Regulations, Part 84; the provisions of the Fair Employment and Housing Act [Gov. Code {}12900, et seq.], and the regulations promulgated thereunder [Title 2, California Code of Regulations, § 7285, et seq.]' Title 2, Division 3, Article 9.5 of the Government Code, commencing with 11135; and Title 9, Division 4, Chapter 6 of the California Code of Regulations, commencing with 10800. 48 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM: CITY MANAGER: SUBJECT: Economic Development Coordinator Position RECOMMENDED ACTION(S): Adopt Resolution (See Attachment A) adding a new classification - Economic Development Coordinator (Two Year Limited Term Employee) with a monthly salary range of $5,066 - $6,484. REPORT SUMMARY: During the recent budget development process, City Council determined that an Economic Development Coordinator position was necessary to facilitate economic revitalization efforts in the City of Saratoga. Funds were appropriated for this purpose in the Fiscal Year 2000/01 budget. The Economic Development Coordinator will be responsible for the planning, scheduling, and implementing economic development program activities in partnership with Saratoga's business community and neighborhood groups. Toward that end, the Economic Development Coordinator will design and implement programs for business enhancement, retention, and targeted business recruitment. This individual will perform tasks related to current economic development and projects including the Village Revitalization Project and will serve on the Gateway Task Force. Use of a consultant for accomplishing the economic development function was considered. It was felt that an employee could spend the time to develop relationships in the local business community that would result in successful business recruitment and retention efforts. Use of a consultant would be better suited to economic development studies and plans. A detailed classification description and recruitment brochure is attached (See Attachments B and C). FISCAL IMPACTS: The results of a survey (See Attachment D) indicate that the average comparable starting salary for an Economic Development Coordinator is $5,074 monthly. After assessing our current salary ranges for non-management employees, a monthly salary range of $5,066 $6,484 is recommended (See Attachment E). Annual approximate cost estimates assume annual renewable contract, renewed once. FY 99/00: $37,691' FY 00/01: $78,041 FY 01/02: $41,768 *Sufficient funds have been appropriated in current annual budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): An in-house expert charged with the full range of professional duties in the planning and coordinating of the City's economic development will not be hired. ALTERNATIVE ACTION(S): Retain the services of a contract Economic Development professional. FOLLOW UP ACTION(S): Begin recruitment of an Economic Development Coordinator. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Resolution of the City Council of the City of Saratoga Amending the City's ClassifiCation Plan B. Economic Development Coordinator Classification Description C. Economic Development Coordinator Recruitment Brochure D. Economic Development Coordinator Salary Survey E. Assessment of Non - Management Salary Ranges Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY'S CLASSIFICATION PLAN WHEREAS, Rule 3.02 of the City's PersOnnel Rules provides that the City Council may amend the City's Classification Plan from time to time; and WHEREAS, the City Council believes that the new classification are reasonable and appropriate; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby amend its classification plan to include the following limited term position: Economic Development Coordinator, through June 30, 2001, and may be renewed through June 30, 2002, as specified in class description on file with the Office of the City Manager. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 4th day of October, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHM ENT A City of saratoga Page 1 of 3 ECONOMIC DEVELOPMENT COORDINATOR (Limited Term Employee) DEFINITION Under direction from the City Manager performs the full range of professional duties in the planning and coordination of the City's economic development program. DISTINGUISHING CHARACTERISTICS This 'is a professional classification in the City Manager's Office responsible for economic development services. The incumbent is expected to develop parmerships and strategic planning and work effectively with the business community and neighborhood groups. This is a limited term employee classification as defined by contract. ESSENTIAL DUTIES - duties may include, but are not limited to, the following: Develop economic profile for the City. Plan, schedule, and implement economic development program activities. Design and implement programs for business enhancement, retention, and targeted business recruitment. Act as liaison with local business community. Present economic development goals, feasibility determination, community involvement and acceptance, implementation with project timetables to boards, commissioners, community and business groups and the City Council. May develop marketing plans or programs; work directly with general public to develop for support for Strategic Planning; perform necessary research and fieldwork. Perform tasks related to current economic development and proposals including Village Revitalization Project and serving on Gateway Task Force. Panner with the Community Development staff to ensure compliance of the City's economic develop program and the City's General Plan. Respond to inquiries about City's economic data, trends and resources such as commercial development opportunities. ATTACHMENT B City of Saratoga Page 2 of 3 Advise the public, developers and other interested parties on a variety of economic development matters. Prepare reports, correspondence and exhibits; make presentations to businesses, community groups, commissions, and City Council; and conduct special studies. Attend meetings of City commissions and City Council and serves as staff to subcommittees as assigned. May supervise clerical and technical support staff. QUALIFICATIONS Knowledge of: Principles and practices of economic and community development and demographic research and analysis. ~ Federal, State, and local laws codes,, roles and regulations concerning economic development and land use. Techniques of public presentations and group dynamics. Supervision and management practices. Use and application of modem data and information systems and technologies, including spreadsheets, word processing and data base applications. Ability to: Understand the regional and local economic environment. Be sensitive to the needs and desires of the business community and residents. Coordinate and implement an economic development program, including a proactive outreach and communication program that projects the image of the City. Accurately interpret and administer applicable codes and regulations. Work extended or irregular hours. Establish and maintain effective working relationships with elected officials, staff, local business leaders, community groups, and individual citizens. City of Saratoga Page 3 of 3 Communicate clearly and concisely, both orally and in writing. Prepare and analyze technical and general reports. Utilize modem information and communication technologies. Education and Experience: Bachelor's degree fi.om an accredited college or university in economics, business administrations, urban and regional planning, or closely related field. Three years professional experience in economic development or closely related field. An employee in this classification is expected to travel to various work locations in the performance of assigned duties. An individual appointed to a position in this classification will be required to demonstrate the ability to travel tb various locations in a timely manner, either by possession of a valid California Driver's License or by alternate means. 9/00 0 ~ o 0 0 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PRE PARED BY'~~ ~/~ ~o~' SUBJECT: Competitive Salary Survey for Regular and Limited Term Employees RECOMMENDED ACTION(S): Retain the services of Geoffrey L Rothman and Associates to identify eight to ten comparable cities and perform a competitive salary survey for Regular and Limited Term Employees. REPORT SUMMARY: Analysis of employee exit interviews, recruitment results, and various classification specific competitive salary surveys demonstrated the need for a comprehensive competitive salary survey for regular and limited term employees. The City of Saratoga has an established methodology for conducting salary surveys set forth in the Letter of Understanding between the City of Saratoga and its Management Organization (SMO). (See Attachment A). Any adjustments to that previously agreed to methodology would require negotiation with SMO. The Memorandum of Understanding between Saratoga's Employee Association and the City does not address salary surveys. Staff contacted neighboring cities to identify whether or not a regional standard methodology existed for salary surveys. The majority of respondents had not performed a comprehensive salary survey in some time and did not have a set methodology. Four cities reported to have an established methodology based on location and size: Cupertino, Los Gatos, Gilroy, and Santa Clara. However, the number of cities surveyed ranged from 5 to 14. Three firms were invited to submit proposals for competitive salary survey for regular and limited term employees. The firms were asked propose separate costs for two components: 1) methodology and comparison city selection and 2) the salary survey itself. Jack Obenhuber, Director of Employee Relations Services, a joint powers authority, could not submit a proposal due to time' constraints. He did'however express interest in working with the City of Saratoga as the City was a founding member of the organization, but withdrew membership two years prior. Jack strongly believes that population and revenue factors are not relevant to non-management salaries. He believes that market factors such as essential duties, competition for skill sets, and location are most important and highly recommends surveying surrounding cities. Membership in Employee Relations Services cost $4,000 annually. Professional services (i.e. salary surveys) are then billed at a discounted rate of approximately $115 per hour. Non-member agencies may contract with Employee Relations Services for professional salary surveys at a rate of approximately $140 per hour. Geoffrey L Rothman & Associates proposes six to eight hours at $120 per hour to identify eight to ten comparable survey cities considering proximity, population, budget, number of employees, etc. Mr. Rothman estimates approximately twenty additional hours at $120 per hour to conduct a survey reporting maximum salaries. Because employers often have additional questions, he proposes a contract 'not to exceed' $5,000 for both components of the survey. (See Attachment A.) He worked with the City of Saratoga during the 1997 reorganization. Koff and Associates, Inc. proposes twenty-four hours at $90 per hour to identify a recommended list of eight to twelve organizations from which to collect information. Ms. Koff's fee for a complete base market salary survey, including reimbursable expenses is $9,860. FISCAL IMPACTS: Geoffrey L Rothman and Associates fees are not to exceed $5,000. Funding for this is not available in the Human Resources program budget. If this work is approved, staff will request additional appropriations with the mid-year budget adjustments in January 2001. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If in-house staff is directed to conduct comprehensive salary survey, staff will have less time to devote to ongoing projects including recruitments, may take longer, Saratoga Employees' Association may raise the issue of conflict of interest. If Koff and Associates is retained the cost will be almost 50% higher than staff recommendation. If staff is directed to prepare of a formal request for bid, more firms may respond but timeline is increased. ALTERNATIVE ACTION(S): Direct the City Manager to return to the City Council with proposed methodology developed by staff, or retain Koff & Associates, Inc. to perform an more detailed market base salary survey costing the City $9,860, or preparing a formal request for bid. 2 of 3 FOLLOW Up ACTION(S): Develop a contract with Roth and Associates, initiate the salary survey, and include cost for conducting study in the mid-year budget adjustments. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: A. Excerpt from Saratoga's Management Organization's Letter of Understanding with the City. B. Geoffrey L Rothman & Associates Proposal 3 of 3 Excerpt from the Letter of Understanding between Saratoga's Management Organization and the City of Saratoga Through the period ending July 1, 2001, it is agreed that the top of salary ranges for management employees shall be determined by a market surVey of department head positions made up of 12 cities which averages the six closest both above and below Saratoga in terms in population as reported by the most recently published State Department of Finance Report and the six both above and below Saratoga in terms in total revenue as reported in the most recently published Annual State Controller's Report, including the Cities of Campbell, Los Altos and Town of Los Gatos, all to be within the counties of Santa Clara, San Mateo, Contra Costa and Alameda. When conducting the market surVey, the City will endeavor to determine salaries of comparable management positions, reporting directly to the City Manager, in the cities surveyed. The top of each salary range shall be set in accordance with the above methodology and the bottom of each salary range shall be 35% below the top of each range. However, in no event shall the top Of any range be higher than 5% below the salary of the City Manager. In future years, the market survey described above shall be performed every two years 'to coincide with. the beginning of the period covered under a subsequent Letter of Understanding. ATTACHMENT A G :orrREv L ROTa H & ASSOCL XES HUMAN RESOURCE MANAGEMENT SERVICES 9/18/00 Laurie Burns City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 12 EL QUANITO WAY BURLINGAME, CA 94010 PHONE (650) 344-2547 FAX (650) 401-7449 Subject: Compensation Surveys Dear Ms. Burns: The following proposal for compensation surveys is based on our recent telephone conversations. As we discussed during our conversations, we are in a very tight labor market. Many public agencies in the Bay Area are experiencing increasing challenges and difficulties in their efforts to recruit and retain the best talent available to fill a variety of positions. A comprehensive and contemporary salary survey is absolutely essential in the development of a sound compensation strategy, particularly in this market. You have requested a quotation for consulting services to conduct a survey of compensation practices for twenty-five (25) classifications among eight to ten local employers. The proposed survey would be conducted by telephone or other electronic communications media. Additionally, you have also requested that I provide a quote to identify a series of options regarding the best universe(s) of employers to survey, including comparative survey costs. As I indicated to you during our telephone conversations, I estimate that a telephone survey would require approximately twenty (20) to conduct and compile. Such a survey would report maximum salaries only, not including various supplements, insurance and related compensation. As I also indicated, many employers will not commit the time to actually review this number of job classes by telephone, but will respond to either e-mail/internet or FAX'ed inquiries. With regard to the survey universes, there are many options. The most typical options might include Similar size cities in Santa Clara County Cities of various sizes in Santa Clara County Cities of similar size in Santa Clara, southern San Mateo and southern Alameda counties A blend of small and large cities ATTACHMENT B I would estimate six to eight hours to identify and provide a comparison of various cities considering proximity, population, budget, number of employees, etc. along with comparative survey costs. Because employers often have additional questions and supplementary survey requests after initial survey results are reported, I would recommend that you contract this engagement on an actual time basis, with a 'not to exceed' cap. It would be my recommendation that you set a maximum cost for both components of the survey at approximately $5,000, based on an hourly rate of $120. That will allow for both of the surveys, and provide additional time for supplemental research and follow-up. Please call me to discuss this proposal further. I appreciate the opportunity to work with the City of Saratoga. '~ ;erely (~. ~,ffrey k Rothman SARATOGA CITY COUNCIL MEETING DATE: October 4, 2000 DEPT: Community Development SUBJECT: Letter from Don Whetstone dated September 9, 2000 AGENDA ITEM: CITY MANAGER: DEPT HEAD: RECOMMENDED ACTION: Accept letter and consider forwarding a recommendation to the Saratoga Fire District. REPORT SUMMARY: Don Whetstone has submitted the attached letter to the City Council recommending that the City pursue allowing the Saratoga Fire District to use some, or all, of the Memorial Park land for their new Fire Station by relocating the Memorial Arch. Staff has met with Mr. Whetstone and outlined the steps necessary to proceed with this idea. Most critically, the Saratoga Fire District would need to be willing to pursue acquiring use of some of the City-owned land. If the District were willing to do this, staff would then schedule the proposal for Heritage Preservation Commission, Planning Commission and City Council consideration. In terms of the Fire Station plans review process, the Fire District will be required to submit formal Design Review and Use Permit applications to the Planning Commission for approval. This review will include environmental, traffic and architectural consideration. In order to maintain their Spring demolition construction schedule, these applications will need to be submitted in the very near future. The first 30 days of this application process will allow staff to transmit the proposal to all affected utility and service providers and the City's Heritage Preservation Commission. Their comments, and staff's, will then be incorporated into a final project for Planning Commission review. To get the City Council's early input into this important civic project, individual meetings with Council members will be scheduled with the project architects independent of the above timeline as soon as the traffic/site circulation/comer site visibility study that the District has commissioned is completed. This study may result in recommendations for plan changes and the Fire District will want to incorporate all necessary changes into the fewest-number of plan revisions. In the meantime, the City Council can certainly use the October 4 meeting to provide the Fire District with any input the Council desires. FISCAL IMPACTS: None at this time. The City would negotiate the cost of moving the Memorial Park Arch with the Fire District in exchange for the use of the land. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Not applicable. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: Staff will coordinate with the Saratoga Fire District if the City Council is supportive of the idea to use some, or all, of the Memorial Park land 'for the Fire Station expansion and if the District is willing to pursue use of the City-owned land. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Letter fi.om Don Whetstone 2 of 2 Don Whetstone 14768 Vlckery Avenue, Saratoga Ca 9S070 Office: (408) 867-6611, home: (408) 867-5243, Office fax: (408)867-0583 e-mail: eisi@ix.netcom, cern September 19, 2000 City Council City of Saratoga 13777 Fruitvale Ay. Saratoga, CA 95070 Subject: Request for studies by the City to consider: (I) reconfiguration of Memorial l~ark, and (2) construction of a new memorial in Binney Plaza. Dear Council Members: Saratoga Fire District's current design for the new f~re station involves no significant changes to the City's adjacent Memorial Park. However, a number of residents think that the City should expiore the possibility of. offering.the Fire District the option to relax that design constraint. If this is to be done it should be done soon, to avoid delaying construction of the new fire station. Rebuilding the new fire station offers Saratoga a once-in-a century opportunity to (1) eliminate the blind intersection at Highway 9 and Saratoga Avenue, (2) reduce traffic flow problems and hazards to pedestrians posed by the present intersection configuration, and (3) improve the appearance of the village threshold area. The best way to achieve these objectives may involve reconfiguring Memorial Park and trading a small amount of land with thc F/re Dist[ict, It may also involve repositioning the World War One memorial arch within Memorial Park or moving it across the street to Blaney Plaza. The Public Works Department is beginning a study of improvements for Blaney Plaza. This may be an appropriate time to consider, as pan of that study, the possibility of moving the memorial arch to Bianey Plaza, and incorporating it as pan of a new memorial. A possible configuration would be to place the arch at the uphill end of the Plaza near. the oak tree, facing a reflecting pool below, framed by low, angled stone monumems, inscribed to commemorate the contributions of all members of the armed services.who have goa~ in harm's way in defense our country. A beautiful memorial inscribed with weB-crafted text would be a fine expression by the community, and would'especially benefit the many children who spend time in Binney Plaza. I believe that contributions from private sources could/'eadily be raised to supP°rt the construction of a memorial at this magnificent location. I request that the Council initiate staff studies and seek the guidanCe of the Heritage Commission, the Public Safety Commission, and the public regarding these issues. Sincerely, Don Whetstone