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HomeMy WebLinkAbout03-07-2001 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL March 7, 2001 OPEN SESSION - 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM- 13777 FRUITVALE AVENUE COMMISSION INTERVIEWS 5:00 p.m. 5:20 p.m. 5:30 p.m. 5:40 p.m. Ruchi Zutshi Dora Grens Phylis Ballingall Richard Carlson Planning Commission Heritage Preservation Commission Heritage Preservation Commission Finance Commission CALL MEETING TO ORDER - 6:00 P.M. ~ ANNOUNCEMENT OF CLOSED SESSION ITEMS : CITY MANAGER ADJOURNED TO CLOSED SESSION - 6:05 P.M. [ Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: People v. Perry (Santa Clara County Superior Court Doc. No. C- 9943929) Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) 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 Doc. No. CIV756340) Conference with Real Property Negotiator Property: 18870 Allendale Avenue Negotiating Parties: City of Saratoga/Serbian Eastern Orthodox Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. Property: 13718 Saratoga Avenue Negotiating Parties: City of Saratoga/Sacred Heart Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE. MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on March 2, 2001) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None Written Communications None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. CEREMONIAL ITEMS 1. Proclamation - Declaring March 11-17 2001 "Science Fair Week" Recommended action: Read proclamation. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items on this section will be acted in one motion unless they are removed from the Consent Calendar. 2A. Approve Council Meeting Minutes Adjourned Meeting - January 23, 2001 Adjourned Meeting -February 13,2001 Recommended action: Approve minutes. 2B. Review of Check Register. Recommended action: Approve check register. 2C. Review Planning Commission Action Minutes - February 28, 2001 Recommended action: Note and file. 2D. Adopt resolution appointing C. ouncjlmember Ann Waltonsmith to the-Union Pacific Railroad Trail Task Force Recommended action: Adopt resolution. 2E. Authorization to City Manager to execute agreement with Rich Genoff for agronomic services Recommended action: Authorize execution of agreement. 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) o Proposed Ordinance amending certain portions of Title III of the Saratoga Municipal Code which governs code enforcement Recommended action: Conduct public hearing; waive the second reading; approve ordinance. OLD BUSINESS ° Bus Shelter Feasibility Recommended action: Accept report and direct staff accordingly. o Consent Calendar Policy Recommended action: Accept report and direct staff accordingly. NEW BUSINESS ° Interim Library Facility for Saratoga Community Library Recommended action: Authorize lease for temporary library modular units; provide direction to staff pertaining to location of temporary library facilities; consider lease agreement. Underground Utility Districts - Information Report Recommended action: Accept report and direct staff accordingly. Process for Accepting and Accounting for Playfield Donations Recommended action: Approve process. CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable, the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title ii) March 21, 2001 March 27, 2001 · April 4, 2001 Apfill8,2001 April24,2001 SCHEDULED CITY COUNCIL MEETiNGS Regular Meeting/Council Chambers 13777 Fruitvale Avenue! Saratoga, California Adjoumed Meeting/Joint Session Parks & Recreation Commission & SASCC Affordable Housing Issue Adult Care Center 19655 Allendale avenue Saratoga, Califomia Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Adjoumed Meeting/Joint Session Public Safety Commission, Sheriff, & Fire Districts Adult Care Center 19655 Allendale avenue Saratoga, California 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. '7:00 p.m. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: February 27, 2001 ORIGINATING DEPT: . City Attorney AGENDA ITEM CITY MANAGER: .~/~~--' PREPARED BY: Richard Taylor SUBJECT: Draft Bylaws and Board Recruitment for Saratoga Community Foundation RECOMMENDED ACTIONS: Review bylaws and provide direction to staff regarding bylaws and recruitment of Board members. STAFF REPORT: Summary_ At its meeting of January 17, 2001, the City Council directed staff to proceed with formation of a Community Foundation to support a broad range of community interests in the City of Saratoga. Council directed that the Foundation be organized and supported initially by the City in a manner that would facilitate its ultimate transition into an independent entity. The attached bylaws represent a proposed structure that would allow the City to accomplish these objectives. If the bylaws are acceptable to the Council, staff can proceed with the various steps necessary to form the foundation and to begin recruitment of board members for the foundation. 'The key policy questions raised by this matter are (1) whether the bylaws should formally provide for various classes of "participation" by Foundation donors, (2) the size and composition of the. Board of Directors, (3) the manner of recruitment for members of the Board of Directors, and (4) the manner in which the Foundation will be staffed. The first two issues are addressed in the following discussion of the draft bylaws. The second two issues are discussed at the conclusion of this staff report. [)raft Bylaws The following is a summary of the key provisions of each article of the draft bylaws. Article I of the bylaws would simply establish that the principal office of the ' Foundation would be in Saratoga. Initially, City Hall would be designated as the principal office. The City Hall designation could be changed by the Foundation Board 'in the future without amending the bylaws. Article II of the bylaws sets forth the broadest possible statement of purpose for the Foundation. This will allow the Foundation a high degree of flexibility in funding a broad range of programs benefiting community. Articles III and IV of the bylaws are intended to create a formal role for major donors of the Foundation.- These provisions are not required by law. and could be adopted by action of the Foundation Board of Directors. Including these provisions in the bylaws, 'however, would serve to demonstrate the Foundation's commitment to fostering a high degree of participation in'Foundation activities by major donors to the Foundation. This approach is used in the Los Altos Community Foundation. Articles III and IV establish that donors meeting certain qualifications will be formal "Participants" in the Foundation with the right to participate in an annual meeting and to review Foundation records. The bylaws establish three classes of participation. The qualifications to be a participant in one of the designated classes would be established by the Board of Directors. The bylaws specify that being a participant does not subject the participant to liability for the acts of the Foundation and that -- other than the dues required to become a participant -- the participants cannot be subject to assessments to cover Foundation expenses.. Article V of the bylaws governs the structure and duties of the Board of Directors. The article authorizes a Board of 7 to 35 directors and requires that at least two members of' the Board be members of the City Council. Any changes to the specific number of directors within the authorized range would be proposed by a 2/3 vote of the Board and would require City Council approval. This approach gives a high degree of flexibility, alllowing the Council to initially appoint a 7 member Board and then await guidance from that Board as to the optimal size of the Board once the Foundation is established. Alternatively, the bylaws could be drawn more narrowly to specify a specific number of Board members. Of course, the bylaws could also specify that the Board must include a different number of City Council members. Article V also addresses a number of procedural issues concerning the Board of Directors. To promote continuity it provides that Directors will serve staggered terms. 2 To avoid excessive continuity it establishes a term limit of two consecutive terms. The Article provides that Board members may not be compensated for their services as Directors but may be reimbursed for their reasonable expenses and, under some circumstances, may be compensated for their non-director services to the FOundation. As discussed in the January 17, 2001 staff report, all Board meetings will be subject to the Brown Act. Finally, Article V establishes procedures for removal and replacement of Directors and sets forth the fundamental duties of the Board members in accordance with state law. Article VI establishes the officers of the Foundation. These are the officers typical of any organization: Chair, Vice-Chair, Secretary, Treasurer and Executive Director. The Chair and Vice-Chair must be members of the Board of Directors. The remaining officers may be members of the Board of Directors; this is intended to allow flexibility over the life of the Foundation. In some organizations the bylaws specify that the Executive Director is a non-voting member.of the Board. As the draft bylaws 'have been prepared, the role of the Executive Director on the Board would be Within the Board's discretion. Article VII establishes various' requirements to maintain the Foundation's accountability to its donors.' The article sets forth basic record keeping requirements and requires preparation of annual reports. Article VIII governs the various Committees that will or may be established by the Foundation. It establishes an Executive Committee responsible for working with the Executive Director on the day-to-day operations of the Foundation. As drafted, the Executive Committee would consist of the Chair, Vice-Chair, Secretary, Treasurer and Executive Director. An alternative would be to include the chairs of the various other committees. This approach promotes greater awareness of the activities of the various committees but makes the structure of the Executive Committee more unwieldy. The functionof coordinating the various committees will be served in part by the requirement in the draft bylaws that all committees include at least one member of the. Board of Directors. Article VIII also establishes a Grants Committee, Education Committee, Investment Oversight Committee, Community Relations Committee, and a Newsletter Committee. Establishment of these committees could be' left to the discretion of the Board. Because these committees cover the range of activities considered necessary for operation of a successful community foundation, however, they are included as mandatory in the draft bylaws. The remaining articles govern various administrative and legal actions of the Foundation. Article IX gives the Foundation the authority to indemnify its directors, 3 officers and other agents against liability that may arise in the course of performing their duties on behalf of the Foundation. This language is typical for most organizations and the indemnification it authorizes is often essential in order to persuade individuals to serve as Board members. Article X governs the financial operations of the Foundation. Article XI ensures the availability of financial statements and compliance with state laws concerning recordation of Director information with the Secretary of State. Article XII allows amendment of the bylaws but only with the approval of the City Council. .Recruitment of the Board of Directors In order to proceed with establishing the Foundation it will be necessary to appoint a Board of Directors to implement the bylaws and file the various organizational documents with the relevant state and federal agencies. Recruiting an effective Board is widely considered to be one of the most important elements in establishing a successful community foundation. Typically, Foundations seek Board members With demonstrated interest in community welfare and one or more of the following qualities: strong managerial and organizational skills, demonstrated fundraising capacity, and the ability. and willingness to contribute the time and resources necessary to achieve specific objectives of the Foundation. Once the Council has agreed upon the bylaws, it would be appropriate for staff to begin recruiting candidates for the initial Board of Directors. This recruitment and selection process would be handled in a manner similar to the process for the City Commissions. Foundation Staffing Staff is seeking guidance from Council as to the manner in which the Foundation should be staffed. Recruitment of directors, pursuing grant funds, developing a community outreach program, and developing relationships with major donors will require a significant amount of time. Many of these functions could be served by volunteers, staff or consultants retained by the Foundation using an initial grant from the ' City or initial community contributions, or by City staff. If volunteers are used, there will be a need for some staff support for coordination purposes. No appropriations for the Foundation have been made in the budget for the current fiscal year. Staff recommends that the Council discuss the various options for staffing Foundation operations and provide further direction to staff. 4 FISCAL IMPACTS: If the bylaws are apprOved there will be minor costs incurred in preparing the remaining organizational 'documents. There will be as yet undetermined costs associated with administration of the .Foundation. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. cONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION:. The City would not play a role in establishing a Saratoga Community Foundation. FOLLOW UP ACTIONS: Staff will implement Council direction. ATTACHMENTS: Draft Bylaws for the Saratoga Community Foundation 5 DRAFT- February 23, 2001 Bylaws of the Saratoga Community Foundation ARTICLE I. OFFICES Section 1.01. Principal Office. The principal office of Saratoga Community Foundation (herein sometimes referred to as "SCF") for its transaction of business is located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Section 1.02. Change of Address. The Board of Directors, with the approval of the Saratoga City Council ("City Council"), may change the principal office of SCF from one location to another in the City of Saratoga in the State of California. Any such change shall be noted by the Secretary in .these Bylaws, but shall not be considered an amendment of these Bylaws. The Board may at any time establish branch or subordinate offices at any place or places where SCF is qualifi6d to conduct its activities. ARTICLE II. PURPOSES Section 2.01. Purposes. SCF is a nonprofit public benefit corporation and is a permanent endowment that provides funding for the enhancement of education, recreation, culture, historic preservation, literacy and art of the City of Saratoga, hereafter called the "Community." ARTICLE III. PARTICIPATION Section 3.01. Classification of Participation. Saratoga Community Foundation shall have three classes of participation, namely, Founders, Members, and Associates, herein collectively referred to as "Contributors." Section 3.02. Qualification of Contributors. (1) Any entity or person, as defined in Section 5056 of the Corporations Code, is eligible to be a Contributor to SCF so long as the entity or person desires to build a. stronger community and enhance the quality of life in-Saratoga through support.of philanthropic activities. It is the policy of the Corporation to encourage family '. 1 of 16 DRAFT- February 23, 2001 participation in the .activities of this Corporation. (2) Founders are those who have provided a minimum financial contribution, as set by the Board, in the initial stages of development of the corporation. The designation may be used in public information. ~. (3) Members are those who subscribe annually to contribute to the corporation. · (4) Associates are those who contribute to the corporation other than financially and who may not reside in the community. Section 3.03. Dues. The dues payable to Saratoga Community Foundation by classes of Contributors shall be set by the Board of Directors by majority vote. The Board of Directors, with the approv, al of the City Council, may change the amount of dues by a majority vote. Dues shall be payable annually or at such time or times as may be fixed by the Board of Directors. The minimum financial contribution for Founders shall be as set by the Board of Directors. Section 3.04. Assessments. Participation shall be nonassessable. Section 3.05. Number of Contributors. There shall be no limit on the number of Contributors SCF may admit. Section 3.06. Transferability of Participation. Neither a class of' participation in SCF nor any rights of.participation may be transferred or assigned for value or otherwise. Section 3.07. Contributors Book. SCF shall keep in written form a Contributors list containing the name and address of each Contributor. The list shall also contain the fact of termination and the date on which such participation ceased. Such list shall be kept at the principal office of SCF or at such place as is determined by the Board of Directors, and shall be subject to the rights of inspection required by law and as set forth in Section 3.08 of. these Bylaws. Section 3.08. Inspection Rights of Contributors. (a) Subject to: (1) the rights of the corporation to .refuse a demand for 2 of 16. DRAFT- February 23, 2001 inspection where SCF in good faith and with a substantial basis believes that the Contributors list will be used for a purpose not reasonably related to the interest of Contributors by the' person or persons making the demand and (2) the power of the court to limit inspection rights where such limitation or res~iction is necessary to protect the rights of any Contributor of the corporation under the' Constitution of the United States or under the Constitution of the State of California and, (3) the right of SCF to provide a reasonable alternative as permitted by Section 3.08(b) of these Bylaws, a Contributor in. good standing satisfying the qualifications set forth hereinafter may do either or both of the following: (1) Inspect and copy the record of all the Contributors' names, addresses and voting rights, at reasonable times, on five (5) business days' prior written demand on SCF which demand shall state the purpose for which the inspection rights are requested; or (2) Obtain from the Secretary of SCF, on written demand and tender of a reasonable charge, a list of the names and addresses of the Contributors as of the most recent record date for which it has been compiled or as of the date of demand. The demand shall state the purpose for which the list is requested. The Contributors list shall be available not'less than ten (10) business days after the demand is received unless otherwise stated in the request. (b) SCF may, within ten (10) business days after receiving a demand pursuant to Section 3.08(a) of these Bylaws, deliver to the person or persons making the demand a written offer of an alternative method of achieving the purpose identified in said demand without providing access to a copy of the Contributors list. An alternative method which reasonably and in a timely manner accomplishes the proper purpose set forth in a demand made pursuant to Section 3.08(a) of these Bylaws shall be deemed reasonable, unless within a reasonable time after acceptance of the offer, SCF fails to do those things that it offered to do. Any rejection of the offer shall.be in writing and shall indicate the reason(s) the alternative proposed by SCF does not meet the proper purpose of the demand made pursuant to Section 3.08(a) of these Bylaws. Section 3.09. Non-Liability of Contributors. A Contributor of Saratoga Community Foundation shall not be personally liable for the debts, obligations or liabilities of SCF because of such participation. Section 3.10. Termination of Participation. 3 of 16 DRAFT- February 23, 2001 (a) Participation and all rights of participation shall automatically terminate on the occurrence of any of the following causes: (1) The voluntary resignation of a Contributor; (2) Where recognition of participation is issued for a period of time, the expiration of such period of time; (3) The death of a Contributor or the dissolution of a corporate Contributor; (4) The dissolution of SCF; or (5) The nonpayment of dues, subject to the limitations set forth in Section 3.10(c) of these Bylaws. (b) Participation shall automatically terminate when a Contributor submits a written request to have the Contributor's name taken off the roles of Contributors delivered personally to the Chairperson of the corporation or deposited in the United States mail, postage pre-paid, and addressed to the principal office of the corporation. (c) Nonpayment of Dues. For classes of participation requiring dues, participation of any Contributor who fails to pay dues when due and within sixty (60) days thereafter shall automatically terminate at the end of such sixty (60) day period, but the Contributor shall remain liable for the dues for the sixty (60) day period, or any past-due period. ARTICLE IV. MEETINGS OF CONTRIBUTORS Section 4,01. Place. Meetings of Contributors shall be held' at the princiPal office of SCF or at such locations within the State of California as may be designated from time to time by resolution of the Board of Directors. Section 4.02. Date and Time. The Contributors shall hold meetings at such time and place as may be designated from time to time by resolution of the Board of Directors. Section 4.03. Notice of Meetings. Written notice of every meeting of Contributors shall be either personally delivered, delivered by facsimile transmission, delivered by electronic mail, or mailed by first-class United States mail, postage prepaid, ten (10) days before the date of the meeting to each Contributor as of the record date for notice of the meeting. In the event notice is given by mail, the notice shall be addressed to 4 of 16 DRAFT- Februtiry 23, 2001 the Contributor at the address of such Contributor appearing on the list of SCF. Where no such address appears or is given, notice shall be given at the principal office. The Secretary shall execute an affidavit of the giving of the notice of the meeting of Contributors. In the case of a specially-called meeting, of' Contributors, notice that a meeting will be held at a time requested by the person: or.persons calling the meeting shall be given not less than ten (10) days nor more than twenty (20) days after receipt of the written request from such person or persons by the Chairperson. Section 4.04. Contents of Notice. The notice shall state the place, date and time of the meeting. The notice shall state those matters that the Board of Directors, at the time the notice is given, intends to present for action by the Contributors. Section 4.05. Conduct of Meetings of Contribuiors. (a) The Chairperson or in his or her absence, the Vice-Chairperson or, in his or her absence, any other person chosen by a majority of the Contributors present in person, shall preside over the meeting~ of the Contributors. (b) The Secretary shall act as the secretary of all meetings of Contributors; unless the Chairperson appoints another person to record 'the minutes of the meetings. (c) Robert's Rule of Order, as may be amended from time to time, shall govern the meetings of Contributors insofar'as such rules are not inconsistent with or in conflict with these Bylaws, the Articles of Incorporation or the law. ARTICLE V. DIRECTORS Section 5.01. Number. Saratoga Community Foundation shall have at least seven (7) nor more than thirty-five (35) directors. Two (2) directors shall be members of the City Council ("Council Directors"), and the remainder shall be drawn from the Community ("Community Directors"). The number of directors may be changed from time to time, within the limits specified, with the approval of the City Council following a recommendation approved by the affirmative vote of two-thirds (2/3rds) of the Board of Directors. The initial Board of Directors shall consist of seven members appointed by the City Council of the City of Saratoga. Section 5.02. Council Directors. The two (2) Council Directors of the 5 of 16 DRAFT- February 23, 2001 Saratoga Community Foundation shall be Currently serving members of the City Council of the City of Saratoga. The Council Directors shall be appointed by the City Council in any manner it may choose. Council Directors shall serve a renewable two-year term. A Council Director's term as Council Director expires upon the end of his or her term as Councilmember. Ifa Council Director must be replaced before the end of his or her term, a new Council Director shall be appointed to serve a full two-year term by .the City Council in any manner it may choose. Section 5.03. Community Directors. (a) Qualifications. The Community Directors of Saratoga Community Foundation shall be composed of persons of good character; be residents of, be active and have an interest in, or be in business in the Community; attend meetings and actively participate in the activities of the Board; support SCF financially;~ and be committed to building a stronger Community and enhancing the quality of life in the Community through support of philanthropic activities. (b) Terms of Office of Community Directors..Three of the five initial Community Directors shall be appointed for a ~six year term. All other Community Directors shall serve a four year term; no Community Director shall serve more than two consecutive four year terms as a Community Director. (c) Nomination of Community Directors. Any person qualified to be a Community Director under Section 5.03(a) of the Bylaws, may be nominated by the method of nomination authorized by the Board or by any other method authorized by law. Prior to being placed on the slate, the Executive Committee shall apprise the person to be placed on the slate of the duties and responsibilities of the position and obtain that person's assurances that he or she will conscientiously carry out those functions if elected. (d) Election of Community Directors. The Community Directors shall be elected either at a meeting of the then-current Board of Directors. The candidates receiving the highest number of votes shall be. elected. Community Directors shall be eligible for election for no more than two (2) consecutive, four-year terms. A Community Director that has served two (2) consecutive, four-year terms may serve as a member of any Committee (as hereinafter defined), and shall be eligible for reappointment to the Board of Directors four years after the expiration of his Or her.most recent term on the Board. 6of16 DRAFT- February 23, 2001 Section 5.06. Compensation. Council Directors' and Community Direictors shall serve without compensation except that they shall be allowed reasonable advancement or :reimbursement of expenses incurred in the performance of their regular duties. Directors may not be compensated for rendering services to the corporation in any capacity other ~han Director unless such other compensation is reasonable and is allowable under all applicable laws. Section 5.07. Meetings. (a) All meetings of the Board are subject to the Brown Act, Government Code Section 54950 et seq., and all meetings shall be conducted in accordance with state law. If any provision regarding meetings of the Board set forth in these Bylaws or in the Articles of Incorporation conflict with the Brown Act, state law shall control. (b) Place of Meetings. All meetings of the Board shall be held at the principal office of Saratoga Community Foundation as specified in Section 1.01 of these Bylaws or such other place or places as designated by the Board of Directors. (c) Time of Regul'ar Meetings. Regular meetings of Directors shall be held on the second Thursday of the months of January, April, July, and October at 7:00 p.m., unless such day falls on a legal holiday, in which event the regular meeting shall be held at the same hour and place on the next Thursday. (d) Special Meetings. Special meetings of the Board may be called by the Chairperson or any two (2) Directors. Special meetings shall be held in accordance with the Brown Act. (e) Quorum and Actions of the Board. Except as otherwise provided in the Articles of Incorporation, in these Bylaws or by law, every act and decision made by a majority of the Directors present at a meeting duly held is the authorized act of the Board. (f) Conduct of Meetings. The Chairperson or, in his or her absence,.any Director appointed by the Chairperson or, if no one is so appointed, as selected by the Directors present, shall preside at meetings of the Board of Directors. The Secretary or, in the Secretary's absence, any person appointed by' the presiding officer, shall act as. Secretary of the Board. Meetings shall be governed by such procedural rules as the board 7 of 16 DRAFT- February 23, 2001 may from time tO time choose to adopt insofar as such rules are not inconsistent with or conflict with these Bylaws, the Articles of Incorporation or federal, state or local, law. (g) Adjournment. A majority of the Direct'ors present may adjoum any meeting to another time and place. If the meeting is adjourned for more than twenty-four (24) hours, notice of the adjournment to another time or place must be given in accordance with law and provided to the Directors who were not present at the time of the adjournment prior to the time of the adjourned meeting. Section 5.08. Removal of Directors for Cause. The Board may declare vacant the office of a Community Director on the occurrence of any of the following events: (1) The Director has missed three (3) successive Board meetings without good cause; (2) The Director has been declared of unsound mind by a final order of court or upon the written certifications of two physicians licensed to practice medicine in the State of California; (3) The Director has been convicted of a felony or a crime involving moral turpitude; (4) The Director has been found by a final order or judgment of any court to have breached duties .imposed by Section 7238 of the Corporations Code for Directors who perform functions with respect, to assets held in a charitable trust. Section 5.09. Resignation of Director. Any Director may resign effective on giving written notice to the Chairperson Secretary or Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be elected to take office when the resignation becomes effective. Section 5.10. Vacancies on the Board. Vacancies on the Board of Directors exist on the death, resignation or removal of any Director, whenever a Council Director is no longer a member of the City Council, and whenever the number of Directors authorized is increased. Vacancies of Council Directors must be filled by the City Council. Vacancies of Community Directors may be filled by approval of the Board or, if the number of Directors then in office is less than a quorum, by the affirmative vote of a majority of the City Council of the City of Saratoga. A person elected to fill a Community Director vacancy shall hold office until the next annual election of Community Directors, at which time the person may be elected to a full term as 8 of 16 DRAFT- February 23, 2001 Community Director, or until his or her death, resignation or removal from office. Section 5.11. Duties of Directors. It shall be the duty of the Directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this corporation, or by these Bylaws; (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; and (e) Register their addresses with the Secretary of the corporation and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. Section 5.12. Interested Directors. Notwithstanding any other provision of these Bylaws, not more than forty-nine percent (49%) of the persons serving on the board may be interested persons. For purposes of this Section, "interested persons" means either: (a) Any person currently being compensated by the corporation for services :rendered it within the previous twelve (12) months, whether as a full- or part-time officer or other employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a Director as Director; or (b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. Section 5.13. Non-liability of Directors. The Directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. 9 of 16 DRAFT- February 23, 2001 ARTICLE VI. OFFICERS Section 6.01. Number and Titles. The officers of SCF shall be a Chairperson, Vice-Chairperson, Executive Director, Secretary, and 'Treasurer, and such other officers with such titles and duties as shall be determined by the Board from time to time. The Executive Director is the general manager and chief executive officer of SCF. Any number of offices may be held by the same person, except the positions of Executive Director, Secretary, and Treasurer. Section 6.02. Appointment and Resignation. The officers shall be chosen by the Board and serve at the pleasure of the Board. Any officer may resign at any time on written notice to SCF. Section 6.03. Chairperson. The Chairperson shall preside at al! meetings of the Contributors and at all meetings of the Board of Directors. The Chairperson, together with the Directors, shall seek ways to make SCF a more effective organization and better able'to serve the needs of the community. The Chairperson shall be a member of the Board of Directors. Section 6.04 Vice-Chairperson. The Vice-Chairperson shall serve as Chairperson in the case .when the Chairperson is unable to fulfill his or her duties. The Vice-Chairperson shall be a member of the Board of Directors. Section 6.05. Executive Director. The Executive Director Shall be the' chief executive officer of Saratoga Community .Foundation and shall have general supervision, direction and control of the business and the officers of SCF. He or she shall have the general powers and duties of management usually vested in the office of president of a corporation and shall have such other powers and duties as may be given by the Board of Directors or the Bylaws. The Executive Director may be a member of the Board of Directors. Section 6.06. Secretary. The Secretary shall keep 'or cause to be kept, at the principal executive office or such other place as the Board of Directors may direct, a book of minutes of all meetings and actions of Directors, committees of Directors, and Contributors with the time and place of holding, whether regular or special and, if special, how authorized, the notice given, the names present at Directors' Meetings or committee meetings, the number of Contributors present or represented at Contributors' meetings 10 of 16 DRAFT- February 23, 2001 and a record of the proceedings. The Secretary shall keep or cause to be kept at the principal executive office or such Place as determined by a resolution of the Board of Directors a record of Contributors showing the names of all Contributors and their .addresses. The Secretary or, if the Secretary is absent'or Unable to act. or refuses to act, :any other officer of SCF shall give or cause to be given notice of all meetings of the :members of the Board of Directors and of committees of the Board of Directors, required by the Bylaws or by law to be given. The Secretary shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or by the Bylaws. The Secretary may be a member of the Board of Directors. Section 6.07. Treasurer. The Treasurer shall keep and maintain adequate and correct books and records according to generally accepted accounting principles applied on the cash method of accounting. The books and records shall, at all reasonable times, be open to inspection by any Director or officer. The Treasurer shall deposit all money and other valuables in the name and to the credit of SCF with such depositories as may be directed by the Board of Directors. He or she shall disburse the funds of SCF as may be ordered by the Board of Directors. He or she shall render to the Board'of Directors, at their regular meetings or at other such times as they shall direct, an accounting of the financial activities and of the financial condition of SCF. The Treasurer ,,;hall be responsible for the preparation or shall cause to be prepared all required tax filings; whether annual or otherwise. In addition, the Treasurer shall, at the direction of the Board, cause to be prepared, on an annual basis, a financial statement by a certified public accountant. He or she shall have such other duties as may be prescribed by the Board of Directors or by the Bylaws. The Treasurer may be a member of the Board of ]Directors. ARTICLE VII. CORPORATE RECORDS AND REPORTS Section 7.01. Maintenance of Corporate Records. The corporation shall keep at its principal office in the State of California: (a) Minutes of all meetings of Directors and committees of the board, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof; (b) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, .liabilities, receipts, disbursements, gains and losses; 11 of 16 DRAFT- February 23, 2001 (c) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members .of the Board of Directors at all reasonable times during office hours. Section 7.02. Corporate Seal. The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to' corporate instruments, however, shall not affect the validity of any such instrument. Section 7.03. Directors' Inspection Rights. Every Director shall have the absolute right at any reasonable timeto inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation. Section 7.04. Right to Copy and Make Extracts. Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to copy and make extracts. Section 7.05. Annual Report. The board shall caUse an annual report to be furnished not later than one hundred and twenty (120) days after the close of the corporation's.fisdal year to all Directors of the corporation, which report shall contain the following information in appropriate detail: (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year; (b) The principal changes in assets andliabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year; (d) The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year; (e) Any information required by Section 7.06 of this Article. The annual report shall be accompaniedby any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the 12 of 16 DRAFT- February 23, 2001 corporation that such statements were prepared without audit froTM the books and records of the corporation. Section 7.06. Annual Statement of Specific Transactions. SCF shall mail or deliver to all Directors a statement within one hundred and twenty (120) days after the close of its'fiscal year which briefly describes the amount and circumstances of any indemnification or transaction in which the corporation, or its parent or its subsidiary, was a party, and in which either of the following had a direct or indirect material financial interest: (a) Any Director or officer of the corporation, or its parent or subsidiary (a mere common Directorship shall not be considered a material financial interest); or (b) Any holder of more than ten percent (10%) of the voting power of the corporation, its parent or its subsidiary. The above statement need only be provided with respect to a transachon during the previous fiscal year involving more than FIFTY THOUSAND DOLLARS ($50,000) or which was one of a number of transactions with the same persons inVolving, in the aggregate, more than FIFTY THOUSAND DOLLARS ($50,000). Similarly, the statement need only be provided with respect to indemnifications or advances aggregating more than TEN THOUSAND DOLLARS ($10,000) paid during the previous fiscal year to any Director or officer, except that no such statement need be made if such indemnification was approved by the Board of Directors in accordance with law. Any statement required by this Section shall briefly describe the names of the interested ipersons involved in such transactions, stating each person's relationship to the corporation, the nature of such person's interest in the transaction and, where practical, · the amount of such interest, provided that in the case of a transaction with a partnership of which such person is a partner, only the interest of the partnership need be stated. Section 7.07. Record of Financial Statement. A copy of the annual financial statement of Saratoga CommUnity Foundation of each fiscal year and any accompanying balance sheet as of the end of each such period that has been prepared for SCF shall be l.{ept on file in the principal executive office of SCF for twelve (12) months following its approval by the Board of Directors. Each such statement shall.be exhibited at all reasonable times to any Contributor demanding an examination of the statement or a copy 13 of 16 DRAFT- February 23, 2001 shall be mailed to any Contributor. SCF ~shall, on written request of any Contributor, mail to the Contributor a copy of the last annual balance sheet as of the end of that period. Balance sheets referred to in this Section shall be accompanied by the report, if any, of an accountant engaged by SCF or the certificate of an auth6rized officer of SCF that the financial statements were prepared without audit from the books and records of SCF. Sec'tion 7.08. Records.of Minutes and Proceedings. SCF shall keep adequate and correct records of account and minutes of the proceedings of its Contributors and Board. SCF shall also keep a record of its Contributors giving their names and addresses. The minutes shall be kept in written form. Other books and records shall be kept in either written form or in any other form capable of being converted into written form. · ARTICLE VIII. COMMITTEES Section 8.01. Makeup of Committees. The Board of Directors may establish any number of Committees as the Board may deem appropriate. These Committees may act as advisors to the Board in any area or areas of expertise, as determined by the Board. Each Committee shall have at least one (1) member from the Board of Directors. The balance of the Committee may be made up of other Contributors of the corporation. Section 8.02. Initial Committees of the Board. The initial Committees established by the Board shall be: (1) Executive Committee; (2) Grants Committee; (3) Education (Development) Committee; (4) Investment Oversight Committee; (5) Community Relations Committee; and (6) Associate Relations (Newsletter) Committee. Section 8.03. The Executive Committee shall consist of the Chairperson, Vice-Chairperson, Executive Director, Secretary, and Treasurer. At all times, at least one member of the Executive Committee Shall be a Council Director. This Committee shall perform the administrative function of SCF and implement Board policy. Se6tion 8.04. Meetings and Action of Committees. Meetings and actions of committees shall be governed by, noticed, held and taken in accordance with the provisions of the Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Board of Directors and its'members, except that the time for regular meetings of committees may be fixed by resolution of the Board of 14 of 16 DRAFT- February 23, 2001 Directors or, in the absence of such resolution, by the committee. The Board of .Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of the Bylaws. ARTICLE IX. INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES AND OTHE';R AGENTS Se~cfion 9.01. Indemnification Authority. The Saratoga Community Foundation shall, to the maximum extent permitted by California law, have power to :indemnify each of its agents against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any proceeding arising by :reason of the fact any such person is or was an agent of SCF and shall have power to advance to each such agent expenses incurred in defending any such proceeding to the :maximum extent permitted by that law. For purposes of this Article, an agent of SCF :includes any person who is or was a Director, officer, employee or other agent of SCF or :is or was serving at the request of SCF as a Director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, or was a Director, officer, employee or agent of a corporation that was a predecessor corporation of SCF or of another enterprise at the request of such predecessor corporation. ARTICLE X. EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS Section 10.01. Execution of Instruments. The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be genera! or confined 'to specific instances. 'Unless so authorized, no officer, agent, or emplOyee shall have any ]power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 10.02. Checks and Notes. Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of :indebtedness of the corporation shall be signed by the Treasurer and countersigned by the President of the corporation. · 15 of 16 DRAFT- FebruarY 23~ 2001 Section 10.03. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 10.04. Gifts. The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation. ARTICLE XI. MISCELLANEOUs Section 11.01. Annual Statement of General Information. Saratoga Community Foundation shall each year during the calendar month in which its Articles of Incorporation were originally filed with the California Secretary of State or during the preceding five (5) calendar months file with the Secretary Of State on the prescribed .form a statement setting forth the authorized number of Directors, the names and complete business or residence addresses of all incumbent Directors, the names and complete business or residence addresses of the Chairperson, Vice-Chairperson, Executive Director, Secretary and Treasurer, the street address of its principal executive office and principal business office in the State, and the general type of business constituting the principal business activity of SCF together with the designation of the agent of SCF for the purpose of service of process, all in compliance with Section 1502 of the Corporations Code of California. Section 11.02. Insurance. The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation (including a Director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to self-dealing asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under law. ARTICLE XII. AMENDMENTS Section 12.01. The Bylaws may be adopted, amended or repealed by the affirmative vote of two thirds (2/3rds) of the members of the Board of Directors, and by approval of the City Council. 16 of 16 AGENDA SPECIAL 'MEETING SARATOGA CITY COUNCIL FEBRUARY 27, 2001 CLOSED SESSION- 6:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED. SESSION ITEMS Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a)) Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court No. CV-784560) ADJOURNED TO CLOSED SESSION - 6:35 P.M. SPECIAL MEETING - 7:00 P.M. ADULT CARE CENTER- 19655 ALLENDALE AVENUE CALL MEETING TO ORDER- 7:00 P.M. MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL i EXTRACOPY REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 23, 2001) COMMUNICATIONS FROM PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up t° 3 minutes on matters not on this agenda. OLD BUSINESS 1. Consider Draft Bylaws and Board Recruitment Strategy for Saratoga Community Foundation ADJouRNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 ORIGINATING .D-EPT: City .NY_~ager AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Commission Interviews RECOMMENDED ACTION: That Council conduct interviews. REPORT SUMMARY: The following people have been scheduled for interviews: 5:00 p.m. 5:20 p.m. 5:30 p.m. 5:40 p.m. Ruchi Zutshi Dora Grens Phylis Ballingall Richard Carlson Planning Commission Heritage Preservation Commission Heritage Preservation Commission Finance Commission There are three vacancie__s to be filled on the Planning Commission to fill expired terms of Mary-Lynne Bemald, Chuck Page, and Margaret Patrick. The terms will expire on April 1, 2005. There is one vacancy to be filled on the Heritage Preservation Commission to fill the unexpired term of Nancy Anderson. The term of this vacancy will expire on April 1,2002. There is one vacancy to fill on the Finance Commission to fill the unexpired term of A1 Roten. The term of this vacancy will expire on October 1, 2001. The Clerk's Office did not receive any interested residents to fill the unexpired vacancy on the Public Safety Commission. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Planning Commission, Heritage Preservation Commission, and Finance Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Adopt resolutions and administer Oath of Office at the March 21, 2000 City Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: A "Notice of Vacancy" for the Planning Commission, Heritage Prese~wation Commission, Finance Commission, and Public Safety Commission was published in the Saratoga News on 1/17/01 and 02/21/01. ATTACHMENTS: Attachment A - Applications of the above named applicants. 2 of 3 SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 ORIGINATING~ger AGENDA ITEM: cITY MANAGER: DEPT HEAD: SUBJECT: Proclamation - March 11-17, 2001"Science Fair Week" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: Carole Kalcic, Fair Manager/Santa Clara Valley Science and Engineering Association, requested the City of Saratoga proclaim the week of March 11-17, 200 l"Science Fair Week". FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to mail proclamation to Santa Clara Valley Science and Engineering Association. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Letter From Carole Kalcic Attachment B - Proclamation CITY OF SARATOGA PROCLAMATION iDECLARING THE WEEK OF MARCH 11 - 17, 2001 "SCIENCE FAIR WEEK" WHEREAS, a group of dedicated citizens and educators will be producing an exciting Science and Engineering Fair the 16th and 17th of March, 2001; and WHEREAS, this Science and Engineering Fair will be held for the benefit of our young people, their parents and teachers, in order to stimulate interest in the various aspects of the sciences; and NOW, THEREFORE BE ITRESOLVED, that the City of Council of the City of Saratoga does hereby proclaim and recognize March 11-17, 2001 as "SCIENCE FAIR WEEK" within our City and hereby urge all residents, particularly young people, to take part in the observation of this event through their active participation. Witrtessed our hand and seal of the City of Saratoga on this 1 st day of March 2001. John Mehaffey, Mayor City of Saratoga ADVISORY BOARD Colleen B. WiIcox, Ph.D. Superintendent of Schools Santa Clara County Gerald A Sei~e;, Ph.D. Dean. College of Science San Jose State University Gordon E. Moore Emeritus Chairman of the Board Intel Corporation DL Jay D. Pinson Dean. Ementus College of Engineering San Jose State University BOARD OF DIRECTORS Larke E. Reeber President Gerald G. Lopatin President Elect Heidi Black Secretary Susan T. Lange Treasurer John R. Bigter ~,nn Burretl, Ph.D. rank CrosDy Jack Fendel! Juli Karni Francis C. Lee Deborah Lidgate Sandra A. Meditch James R. MCGowan Leonidas Petropoutos Prema R. Rao Sandra Ruehlow Lvnn Shannon, DVM K~rry Veenstra NASA LIASION Thomas B. Clausen Karen L. Gundy-Burlet, Ph.D. ASSOCIATES Robed Billner Arlene Brown Gregory J. Brown Barbara A. Carman Kathleen L. Gannon Janet Hougardy Daniel Jur'Jnlck Andrew A. Lange M!snael L. Maddox. Ph.D. Dcnatd J. Myronuk. Ph.D. Peter Reischl, Ph,D. ;saeelle S. Stone EMERITUS Richard A. Schonert FAIR MANAGER Carole Kalcic SANTA CLARA VALLEY SCIENCE AND ENGINEERING ASSOCIATION P.O. Box 307, Los Altos, California 94023-0307 · 408/732-1719 Celebrating Our 41st Consecutive Science Fair Affiliated with the Intel International Science and Engineering Fair January 24, 2001 Saratoga Town Hall 13777 FmitvaleAvenue Saratoga, CA 95070 FAIR Attn: Town Clerk Dear Town Clerk: The Synopsys Silicon Valley Science & Technology Championship, the 41st annual regional science and engineering fair presented by the Santa Clara Valley Science and Engineering Fair Association, will be held March 16-17, 2001 at the San Jose McEnery Convention Center, 2nd Floor, Exhibit Hall 3. This event is affliated with the Intel International ScienCe and Engineering Fair. Students from your community, as well as from the entire Santa Clara Valley region, participate in this Science & Technology Championship. Therefore we are asking that the Mayor of your town issue a proclamation designating the week of March 11-17, 2001 as "Science Fair Week". A sample typed proclamation is enclosed to serve as a guide. The proclamation of your city's governmem encourages the enthusiasm of your young people, their teachers and parems, and the proclamation also signifies support for the many local companies and organizations that support the Fair. An Awards Ceremony to honor winners of the Science & Technology Championship will be held Sunday, April 1, 2001, at Paramount's Great America at their Showtime Theater, from 9 a.m. to 1 p.m. Details will be available at the Championship. Thank you for your interest and assistance. Yours truly, Carole KalciC, Fair Manager Enclosure INCORPORATED AS A NON-PROFIT CORPORATION UNDER THE LAWS OF THE STATE OF CALIFORNIA, JULY 29, 1964 TAX ID #94-6122043 SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 AGENDA ITEM: ORIGINATING~er PREPARED BY'Y~) ~. ~/ /,~ ~'~ CITY MANAGER: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes as submitted for the following City Council Meeting: Adjoumed Meeting - January 23, 2001 Adjourned Meeting - February 13,2001 REPORT SUMMARY: N/A FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes/January 23, 2001 Attachment B - Minutes/February 13,2001 MINUTES SARATOGA CITY COUNCIL ADJOURNED MEETING JOINT SESSION HERITAGE PRESERVATION COMMISSION PLANNING COMMISSION JANUARY 23, 2001 · The city Council of the City of Saratoga met in a scheduled Adjourned City Council Meeting on January 23, 2001 at the Adult Care Center, 19655 Allendale Avenue. Mayor Mehaffey called the Adjourned CiW Council meeting to order at 7:05 p.m. and requested Irwin Kaplan, Interim Community Development Director, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evan Baker, Stan Bogosian Mayor John Mehaffey ABSENT: Vice Mayor Nick Streit ALSO PRESENT: Dave Anderson, City Manager Cathleen Boyer, City Clerk Irwin Kaplan, Interim Director of Community Development Heather Bradley, Assistant Planner/Heritage Preservation Commission, Liaison Mayor Mehaffey requested the City Clerk to proceed with the roll call of the Heritage Preservation Commission. The following Commissioners were present: PRESENT Jill Hunter, Carolyn King, Norman Koepemik The following Commissioner arrived late: Willys Peck, Beth Wyman ABSENT: Robert Peepad REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 23, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 23, 2001 was properly posted on January 19, 2001. City Council Minutes COMMUNICATIONS FROM PUBLIC No one spoke at tonight's meeting. JOINT MEETING WITH HERITAGE PRESERVATION COMMISSION January 23, 2001 Mayor Mehaffey welcomed the Heritage Preservation Commission. Norman Koepemick, Chair/Heritage Preservation Commission introduced the Heritage Preservation Commission members. HEIGHT LIMITATION ORDINANCE Chair Koepemik noted that the current height ordinance for a detached structure is 12fL with the allowance, Under certain conditions, to go up to 15ft. Mr. Koepemick suggested amending the ordinance to .allow homeowners to built detached structures to match the design of the existing house as long as it did not obstruct or interfere with any of the surroUnding neighbors. Chair Koepemik stated that if the height limit for detached structures were increased, he feels that homes would have a better design element CoUncilmember Bogosian asked Chair Koepemick if the height limit was raised, how could the City guarantee that it would not be abused. Councilmember Bogosian noted that he sees no reason to change an ordinance that seems to be working fine and noted that possible height violations could be a problem with homeowners trying to build massive detached structures. Heather Bradley, Heritage Preservation Commission/Staff Liaison, noted that the amendment could state that a proposed detached structure could be built based on the existing home, especially historic homes. Mrs. Bradley explained that currently if a homeowner wants to raise the height limitation they have to request a variance. Mayor Mehaffey asked if an amended height ordinance would apply to all homes or just historic homes. Chair Koepemik replied that it could start with historic homes but if applied to other homes the height could be based on design. Carolyn King, Heritage Preservation Commissioner, stated' for the record that this topic was not discussed with the rest of the Commission, prior to presenting it at the Joint Meeting with the City Coucnil. Councilmember Baker suggested that the Heritage Preservation Commission take Mr. Koepemick's suggestions as an action item and come back with a recommendation to the Planning Commission and the City Council. 2 City Council Minutes January23,2001 Mayor Mehaffey asked Chair Koepemik what specific changes he would like to see to he existing ordinance. Chair Koepemik explained that in regards to detached structures, mainly garages, changes in the height limit to balance the present structure would be his preference. Councilmember Waltonsmith requested background on any problems with the current ordinance. Mayor Mehaffey concurred with his colleagues and suggested that Chair Koepemick take this back to the Heritage Preservation Commission for discussion. DEMOLITION PERMIT PROCESS Chair Koepemik explained that within the city limits demolition permits should come to the Heritage Preservation Commission first. Chair Koepemik suggested that perhaps if the City put an age restriction on buildings that would automatically signal the Planning Staff to sent that particular permit to the HPC for approval. Chair Koepemik suggested that the City should consider developing a salvaging program. Chair Koepemik explained that when a historical house in Saratoga is approved to be demolished, a qualified person should be allowed to salvage certain elements of the house for possible reuse in other historic homes. Commissioner Hunter noted that she is very fi'ustrated because several homes have been and will be destroyed without the HPC even reviewing the permits. Commissioner Hunter noted that it should not matter if these older homes are not listed on the Saratoga Historic Register, they still could have some sort of historical value. Commissioner King used the Sasso House as an example. Commissioner King also noted that sometimes the Planning Commission overrules their decisions. Commissioner Peck noted that when it comes down to the final decision no one Can really deny a property owner's rights develop or demolish their own property. Commissioner Peck noted that the Heritage Preservation Commission should implement more restrictions and/or requirements so the homeowners would want to keep the historical value of their home and not demolish them. Councilmember Bogosian noted that he does not want to make it more difficult for homeowners but agrees that the historical value of homes should be preserved in Saratoga. He noted the City should offer incentives to homeowners to keep the historic value of their home. Commissioner Hunter suggested perhaps the City could offer plaques with the history of the house on it or simply honor homeowners who preserve their homes. Chair Koepemik noted that occasionally the HPC will deny a demolition permit and the City Council Minutes January 23, 2001 Planning Commission over rules their decision. Councilmember Baker noted that owners of historical homes in Saratoga are not required to register their home on the designated landmark list but if they choose to do so and in mm destroy that home they have committed a major violation and should be held accountable. Mrs. Bradley requested the oppommity to clarify ttie difference between the two lists of historic homes the City currently has. First, she explained that the 17 homes on the designated landmark list were placed there on a voluntary basis and the 101 structures that' are on the City's inventory list were involuntarily placed there. Councilmember Baker asked who puts the 101 structures on the City's inventory list. Mrs. Bradley noted that the HPC generates the list. Commissioner Hunter explained that right now two Julia Morgan houses are being redone, and no one in this City knows this is taking place, nor do they know the significance of these houses. Commissioner Hunter explained that Julia Morgan was a well-known female architect of the 1900's who designed the Hurst Castle. Commissioner Hunter noted that she feels that the people in Saratoga need to know the historic value of certain homes otherwise they will be demolished. Councilmember Baker noted he disagrees with the City designating homes as historic and subjecting a homeowner involuntarily to rules and restriction that otherwise do not imply to any one else in the City. Mrs. Bradley explained that the general notion is that the HPC is letting the historic homes, which are on the inventory list, be demolished. Mrs. Bradley pointed out that people seem to forget that these homes were not voluntarily placed on the City's inventory list. This is why the HPC does not feel they have the authority to stop these demolitions. Mayor Mehaffey does not support telling people what they can do with their home as if they have not placed their home voluntarily on the historic list. Councilmember Bogosian noted that the Council recently adopted a resolution supporting the Heritage Orchard in perpetuity and that the future restoration project shows a reawaking of the interest of preserving the past of Saratoga. Councilmember Waltonsmith noted she wants to save the old houses in Saratoga and suggested that the HPC find ways promote and develop incentives for homeowners who own historic houses. Commissioner Wyman noted that the HPC has recently tried to offer incentives to two particular homes in Saratoga, both owners refused. City Council Minutes January 23, 2001 Mayor Mehaffey summarized what he feels is the consensus of the Council. Direct the HPC to develop a set of incentives that the City could use to get the 101 homes on the inventory to voluntarily designate themselves as landmarks Mrs. Bradley noted that about every two years the HPC sends out notices to all the 101 homes on the City's inventory list explaining the incentives and asking them to voluntarily place their home on the landmark inventory list. HERITAGE ORCHARD/LIBRARY EXPANSION & RENOVATION PROJECT' Chair Koepemik noted that the HPC is extremely eager to work on the restoration of the Heritage Orchard. Dave Anderson, City Manager, noted that in conjunction with the Library Expansion Project and money in the City's CIP budget the entire orchard would be restored. Mr. Anderson noted that at the last HPC meeting they brainstormed several ideas on how to restore the Heritage Orchard. Mr. Anderson noted that Matt Novakovich would be replanting some trees along Fmitvale Avenue/Saratoga Avenue and that Linda Gates will be developing a Master Plan for the Heritage Orchard Restoration Project. Mr. Anderson noted that the Library Expansion Committee has helped design the new Library to bring the orchard closer to the new building. Commissioner Wyman noted she still would like to implement a fourth grade curriculum once the Heritage Orchard Restoration Project is complete. Chair Koepemik noted that the HPC is considering an "Adopt a Tree" program along with several ideas of classes that could be offered in relation to the orchard. C0uncilmember Waltonsmith requested that the public be made aware of the restoration project before bulldozers start removing the trees. Mr. Anderson responded that an article was published in the Saratoga News, a notice was placed on the bulletin board on KSAR, and a sign will be placed On the comer of Fmitvale Avenue/Saratoga Avenue and a project description placed on the City's website. Councilmember Bogosian suggested continuous articles in the Saratoga News explaining the process and progress of the restoration project. Mayor Mehaffey thanked the Heritage Preservation Commission for attending tonight's meeting. Mayor Mehaffey declared a recess at 8:05 p.m., reconvening at 8:15 p.m.. 5 City Council Minutes January 23, 2001 JOINT MEETING WITH PLANNING COMMISSION Cathleen Boyer, City Clerk, conducted roll call of the Planning Commission: PRESENT Cynthia Barry, Lisa Kurasch, Chuck Page/Chair, Margaret Patrick, George Roupe ABSENT: Mary-Lynne Bernald, Erna Jackman HERITAGE PRESERVATION COMMISSION - POSSIBLE GOVERNING BODY Chair Page stated that during the previous discussion with the Heritage Preservation Commission he heard some talk about the Planning Commission overturning decisions that the HPC may have recommended. Chair Page explained that the Planning Commission receives the minutes from the HPC meetings. The Planning Commission takes the comments that come from HPC and incorporate, their intentions in a resolution of the conditions of approval. Chair Page noted that the Planning Commission have had discussions about the HPC becoming more of a governing body, taking votes, and making strong recommendations, which would be appealable only to the City Cotmcil. Chair Page noted this is why this is an agenda item for discussion tonight. Councilmember Waltonsmith noted that the HPC's decisions are recommendations from a group of people looking at a project strictly from its historic nature. Commissioner Kurasch noted that she sees an opportunity for interaction between the HPC and the Planning Commission, which has not been taken advantage of in the past. Commissioner Kurasch suggested having study sessions with the HPC when there is a project of historic value to the community. Commissioner Kurasch noted that this might help the Planning Commission have a better understanding of the HPC views. Commissioner Barry concurred with Commissioner Kurasch. Councilmember Baker disagreed with having the two Commissions meet for study sessions. Councilmember Baker noted that it is the HPC's responsibility to bring their concerns to the attention of the Planning Commission. Councilmember Baker noted that the Planning Commission should not have to monitor the HPC's agenda for potential problems. Mayor Mehaffey asked if a house that is on the City's inventory list automatically gets routed to the HPC when permits are submitted, when it goes to the Planning does the Chair of the HPC attend the Planning Commission. City Council Minutes January 23, 2001 Chair Page responded that Chair Koepemick attends when there are problems that need to be addressed other than that the Planning Commission gets direction from the HPC minutes. Mayor Mehaffey responded that the Council advised the HPC to take that issue back for more discussion. Mayor Mehaffey asked if the Planning Commission would like to review their recommendations. Chair Page responded yes. DIRECTION OF ADVANCED PLANNING PROJECTS Irwin Kaplan, Interim Community Development Director presented a brief status report on advanced planning projects. a. Housing Element - Recently received the background report, which included the Housing Needs Assessment Report from ABAG. Heather Bradley has agreed to review it. Once reviewed staff will make recommendations to Council through the normal hearing process. b. Circulation Element - Complete c. Land Use Element - Next step Lisa Kurasch, Planning Commissioner, asked for an overview on how the Needs Assessment Report relates to the Housing Element. Director Kaplan responded that the Assessment Report is a statistical analysis of the City and resources for potential growth and development. Director Kaplan explained that by itself, the Assessment Report, states where the City is today, where it has been, and with the policies that are currently used, where the City is going. The City will in turn hire a consultant to assist with the effect. Cynthia Barry, Planning Commissioner, noted that when the Circulation Element was being drafted the Planning Commission was left out of the policy decision-making process. Commissioner Barry noted that the Circulation Element was not developed in an open discussion with the Planning Commission and requested that perhaps City Staff, Planning Commission, and the Consultant could meet prior to review and discuss the report. Director Kaplan agreed that a study session would be beneficial. Mayor Mehaffey directed staff to schedule a study session with the pertinent parties to discuss the Back Ground and Needs Assessment Reports. Commissioner Kurasch noted that she feels that communications and awareness of similar problems that surrounding communities are facing could benefit Saratoga and help solve our housing issues. 7 City Council Minutes o January 23, 2001 Mayor Mehaffey agreed and directed the City Manger to contact the surrounding cities and find out when this issue will be on their agendas. Director Kaplan recommended that all the Planning Commissioners attend the Annual Institute in Monterey. Director Kaplan noted it is a good opportunitY for networking. Councilmember Bogosian noted he attended this conference when he was a Planning Commissioner and found it very beneficial. o STATUS OF HOUSING ELEMENT Director Kaplan noted that the first part of the Housing Element is complete. Director Kaplan explained that the background report contains the Housing Needs Assessment Report, which contains an inventory of the City's housing needs and statistical information, which predicts the future needs of Saratoga. Staff needs to review the document and translate the information into proposals on what the City should be doing. Chair Page asked if the public would be included in the review process of the Assessment report. Director Kaplan noted that the Assessment Report is a technical report but if it is the Council's desire he could make it available to the public for review. Chair Page suggested putting it on the City's website. STATUS OF SOBRATO/BOHLMAN ROAD TASK FORCE Director Kaplan explained that the Planning Commission directed that Public Safety Commission on February 8, 2001 to make recommendations and perhaps form a neighborhood task force. Director Kaplan noted that the subdivision is at a stand still until further notice and invited all the people who spoke at the Planning Commission to attend the Public Safety Commission meeting. DISCUSSION ON SIZE OF BASEMENTS AND LAND FILL EXPORT Commissioner Barry noted that the current ordinance concerning basements should be amended. Commissioner Barry explained that the way it stands right now there are no limits on the size of basements or any requirement of the basement space be used as a trade off of above the ground space. Commissioner Barry stated for example, that a project could come before the Planning City Council Minutes January 23, 2001 Commission with 2,500 square feet of basement,; 2,500 square feet on the 1st floor, and 2,500 square feet on the 2nd floor and the basement figures are not included in the total square footage of the house. Councilmember Baker asked Commissioner Barry what her objections with the current ordinance. Commissioner Barry explained that there are some environmental considerations in regards to basements but her main concern is why the City has not required that a project with an extremely large basement decrease the square footage 'of the proposed ground level plan. Councilmember Bogosian asked why she wants smaller houses above ground. Commissioner Barry noted that houses are coming before the Planning Commission are tremendously increasing in size. Mayor Mehaffey noted he supports basements especially in the current housing prices and if there is no harm being caused to anyone then it should be allowed. Councilmember Baker asked if it was a cut and fill problem. Commissioner Barry noted that it is not a cost option because there is often a considerable cut and that earth has to be transported somewhere else. Councilmember Baker noted basements should not be a problem in a built-out city like Saratoga. He does not see an environmental problem and noted that basements do strengthen the houses and provides extra storage space. Councilmember Waltonsmith noted that she supports basements if homeowners feel they need more space but does not know whether or not the current Ordinance needs to be amended. Councilmember Bogosian does not support bringing size restrictions through the back door by using basements to limit homeowners' rights. Councilmember Bogosian noted that as long as basements are being built properly he supports the construction-of them. If the subject of concern is the size of houses, monster houses, he is willing to discuss that issue further. Commissioner Kurasch noted that fill for basements are exempt in the Uniform Building Code. Commissioner Kurasch stated that she sees a problem with this and that a she doesn't view a basement as a 4000 square feet room with 1 O-foot ceilings. Also she noted that there are many impacts to the neighborhood around where the basement is being constructed. 9 City Council Minutes January23,2001 Mayor Mehaffey mentioned the ongoing construction project on Paul Avenue. Mayor Mehaffey noted that his only problem with basements and crawl spaces is that the fill is not being trucked out. Mayor Mehaffey explained that a particular contractor on Paul Avenue is digging a hole and spreading the fill in the yard, which in mm is raising the entire property without a grading permit.. Councilmember Baker noted that the situation that is occurring on Paul Avenue is in violation of their building permit. Commissioner Roupe noted that the current constructionofbasements is safe and noted the City's building inspectors could tell if they were not. Commissioner Roupe noted that lately 3 out of 4 applications that come before the Planning Commission include a basement. Councilmember Baker noted that Councilmember Streit is the City's representative to the'Solid Waste JPA and perhaps he could ask the JPA about the uses of dirt from excavations. Mayor Mehaffey noted that if there is documented evidence supporting the misuse of basements or any relevant environmental issues he would like a repot back from the Planning Commission, but he has not heard anything tonight that is incriminating to prohibit the use of basements. Chair Koepernik/noted he supports the use of basements because they are a great solution to increase the square footage of a house. Councilmember Baker asked the Planning Commission if there are issues that continue to reoccur in Planning Commission hearings, applications, and considerations that lead them to conclusions that the City may have ordinances that are out of sync with our citizens. Commissioner Kurasch responded that the Commission has had discussions of the possibility of restricting all new wood burning fireplaces. Commissioner Kurasch explained that currently the Commission limits them to one per home. Commissioner Kurasch noted that it is an air quality issue. Commissioner Kurasch also mentioned the ongoing opposition to monster homes. Commissioner Kurasch noted that the phrase "monster home" comes up about every other meeting from members of the public who do not want these huge homes in their neighborhood. Currently, the writing in the code, regarding compatibility with an existing neighborhood, is related to square footage of the existing homes. Councilmember Baker asked if the Planning Commission have approved homes that when the finished product is viewable, is incompatible with the neighborhood and viewed as a "monster home". l0 City Council Minutes January23,2001 Commissioner Kurasch responded that they have approved homes that had no other findings to make but to approve them. Commissioner Kurasch noted that sometimes the homes become the president of what may come to those particular neighborhoods in the future. Councilmember Baker noted that he understood, the Community Development Department was studying two or three neighbor~hoods in the City of Saratoga to defined what a "neighborhood" should be. Councilmerriber Baker asked what the status was on that study. Mr. Anderson noted he would follow up with the Community Development Department. Mayor Mehaffey commented on the use of wood burning fireplaces and directed the Planning Commission to research the issue. He suggested that they focus on emissions rather that wood burning. Councilmember Baker noted that he agrees that wood burning fireplaces are pollutants. Councilmember Baker pointed out that fireplaces are also the only emergency source of heat some people have especially during the recent rolling blackouts and high cost of gas and electricity. Mayor Mehaffey thanked the Planning Commission for attending tonight's meeting. C.ouncilmember Baker noted that he is the City Council liaison to the Planning Commission. Councilmember Baker explained that although he does not attend the meetings he does watch it on KSAR. Councilmember Baker noted that Chair Page has agreed to meet with him about every 6-8 weeks to discuss important issues that have come up during the Planning Commission meetings. CITY COUNCIL ITEMS Councilmember Bogosian informed the Council of the current status of the Silicon Valley Animal Control JPA. Councilmember Bogosian noted the JPA's recent actions: 1) Advertised positions of General Manager 2) Posted a job description for an Operational Manager. Councilmember Bogosian explained that recent studies have indicated that for FY 2001-02 the JPA would have a budgetary share of this project of $168,000.00. .. Councilmember Bogosian noted that the J-PA have had discussions on the different facility options of whether to purchase land and build a shelter or lease the existing Animal Shelter and renovate it. Councilmember Waltonsmith stated she received another email from Jeff Walker that indicated the ongoing problems at the Azule Crossing Project have not been resolved. 11 City Council Minutes January 23, 2001 Councilmember Waltonsmith requested an update on the status of the problems associated with the Azule Shopping Center project. Dave Anderson, City Manager, noted it would be on the next agenda. Councilmember Baker expressed dissatisfaction in regards to he Azule Crossing Project. Councilmember Baker suggested that the City should take immediate action and enforce the ordinance and agreement pertinent to this project. Councilmember'Baker requested a status report on this project at the next CitY Council meeting. Mayor Mehaffey concurred with Councilmember Baker. Councilmember Baker reported that an overflow spill occurred in the Community Center on January 11, 2001. A report from the West Valley Sanitation District indicated that 700 gallons of sewage flowed into Wild Cat Creek and an additional 100 gallons flowed into the Community Center. The District reported that the overflow was to due to a blockage in the sewer. Large amounts of clay, rock and pieces of pipe apparently cause the blockage. Also, the District reported the City's sanitary sewer connection does not have back flow check valves. Councilmember Baker recommended that staff contact the District and gather the estimates to install backflow devices in the City's connections. Councilmember Baker noted he would keep the Council abreast of the situation as he finds out new information. Councilmember Bogosian requested a complete cost breakdown of all the cost associated with this recent overflow. Councilmember Bogosian expressed that the party responsible for the overflow should be responsible to pay for the damages. Mr. Anderson noted he would follow up with John Cherbone, Public Works Director. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 9:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 12 MINUTES SARATOGA CITY COUNCIL ADJOURNED MEETING JOINT SESSION FINANCE COMMISSION LIBRARY COMMISSION FEBRUARY 13, 2001 The City Council of the City of Saratoga met in a scheduled Adjourned Council Meeting on January 23, 2001 at the Adult Care Center, 19655 Allendale Avenue. Mayor Mehaffey called the Adjourned CiW Council meeting to order at 7:10 p.m. and requested Ernest Brookfield, Finance Commissioner, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evan Baker, Stan Bogosian Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Cathleen Boyer, City Clerk Mary Jo Walker, Staff Liaison/Finance Commission Lori Bums, Staff Liaison/Library Commission Mayor Mehaffey requested the City Clerk to proceed with the roll call of the Finance Commission. TINe following Commissioners were present: PRESENT Emest Brookfield, Sam Ochi, Chuck Swan/Chair The following Commissioner arrived late: Michael Gordon ABSENT: Ching-Li Chang, Robert Gager; REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 13, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 13, 2001 was properly posted on February 9, 2001. COMMUNICATIONS FROM PUBLIC No one spoke at tonight's meeting. City Council Minutes JOINT MEETING WITH FINANCE COMMISSION Febma~ 13, 2001 Mayor Mehaffey welcomed the Finance Commission. Chuck Swan, Chair/Finance Commission, thanked the Council for the oppommity to meet with them. ACCOMPLISHMENTS - 2000 Chair Swan briefly presented the Finance Commission's accomplishments for the year 2000 as follows: · Provided input and worked with staff to develop a Purchasing Policies and Procedures Manual for the City of Saratoga. · Provided' input into FY 2000-01 and 2001-02 budgets, including five-year projections. · Reviewed requirements of GASB 34 for financial reporting and infrastructure. · Monitored SB 1883 for the remm of Tax Equity Allocation property taxed. · Reviewed the Comprehensive Annual Financial Report with the auditors. · Assisted in the selection of a new audit firm. · Discussed timing and amount of Library bond sale. · Reviewed investment policy. Chair Swan briefly explained the Finance Commission's ongoing projects as follows: · Updating the Finance Policy and Procedure Manual. · Monitoring infrastructure physical inventory and reporting. · Monitoring sale of Library bonds. · Provide input into the FY 2001-02 and 2003-04 budgets, including five-year projections. Mayor Mehaffey requested Chair Swan to briefly explain GASB 34. Chair Swan explained that GASB 34 is a new federal requirement for state and local government agencies. GASB 34 is the new framework for financial reporting including infrastructure, fixed assets and their appreciation. Councilmember Baker asked how the City was going to appraise all of its assets and infrastructures. Chair Swan responded that the City would be hiring an appraisal firm and a consultant. Mayor Mehaffey questioned the deadline on compliance with GASB 34. Mary Jo Walker, Staff Liaison/Finance Commission, responded that the City has to be in full compliance by 2003. 2 City Council Minutes February l3,2001 Chair Swan asked the City Council if they had any direction or special prOjects they would like the Finance Commission to work on. Councilmember Waltonsmith suggested the Finance Commission consider the following items and possibly place them on future agendas for funding recommendations: · Saratoga Community Foundation ~ · BMR Housing i · Union Pacific Railroad Trail Councilmember Baker added the Civic Center Master Plan to Councilmember Waltonsmith's suggestions. Councilmember Baker asked if the Finance Commission have thought about uses of any of the City's reserve funds. Chair Swan noted that the Finance Commission made recommendation a few years ago in regards to the approximate $2 million in the reserve funds, but have not made any recent recommendations. Chair Swan stated the money should be used wisely and for the best interest of the community. Vice Mayor Streit explained that between now and June 30 the City will have many projects in the works and also several nonprofit and special groups will probably be requesting funding fi.om the City. Vice Mayor Streit asked Chair Swan how the Finance Commission would handle those types of requests. Chair Swan noted that the Finance Commission would probably collect the requests, prioritize them, and make recommendations to the City Council. Mayor Mehaffey noted that the City Manager would be initiating a Capital Improvement Project budget in the next budget cycle, which a set amount of money will be designated for capital improvements only. Mayor Mehaffey requested that the Finance Commission work with staff to come up with an appropriate amount to designate for the new CIP budget. Mayor Mehaffey invited the Finance Commission to attend two Adjourned City Council meetings; February 27 to discuss the formation of a nonprofit foundation and March 27 to discuss the need for affordable housing in Saratoga. Mayor Mehaffey noted he welcomed any ideas they could bring. Mayor Mehaffey thanked the Finance Commission for all of their work and for joining the City Council at tonight's meeting. Mayor Mehaffey adjourned the Joint City Council with the Finance Commission.and co:mmenced the meeting with the Library Commission at 7:30 p.m. JOINT MEETING WITH LIBRARY COMMISSION Cathleen Boyer, City Clerk, conducted roll call of the Planning Commission: City Council Minutes February 13, 2001 PRESENT Ruth Gipstein, Marcia Manzo/Chair, Donald Johnson ABSENT: Bobby Chandra, Anne Cross, Cathy Fascato, CiCi O'Donnell Chair Manzo thanked the City Council for appointing their newest commission member Donald Johnson. DONATIONS OF ART Chair Manzo explained to the City Council the donation of art has been a topic discussed at recent Library Commission meetings. Chair Manzo noted that many people want to donate art to the Saratoga Library. Because of this, Chair Manzo explained, a sub-committee was formed, chaired by Ruth Gipstein. commissioner Gipstein's task was to research how other cities handle donations of art. Chair Manzo explained that Commissioner Gipstein contacted surrounding cities and found that art donation policies vary from city to city. For example, some cities do not except any donations, some except everything, and other cities accept the art but require the artist sign a waiver indicating that the City would not guarantee the art would be displayed and the City could sell it at any time. Chair Manzo noted that the Library Commission recommends that the City Council except no further donations of art except for the recent donations from the Givens Family. Chair Manzo explained that the Commission supports the current ongoing display of art that rotates approximately every 3-6 months. This display is overseen by the Library Staff. Lori Bums, Staff Liaison/Library Commission, noted that all art the City accepts would have to be included in the GASB 34 reports. Councilmember Bogosian suggested that a discussion of the donation of art be placed on a future City Council agenda. Commissioner Gipstein noted that in a few cities committees were formed to review all prospective donations of art. Commissioner Gipstein explained members on these review committees have different types of artistic backgrounds such as: sculptors, artist, architects, etc. Commissioner Gipstein noted that she fully supports the recommendation to the City Council not to except any further donations of art except for the Givens Family donation. Councilmember Waltonsmith noted that she supports the current rotating art in the Library and that sometime in the future she.would like to see a committee formed to over see art projects throughout the City of Saratoga. 4 City Council Minutes February 13, 2001 Councilmembers Waltonsmith mentioned that she feels that art is an important part of a community and offered her assistance to the Library Commission to form a committee to implement citywide art displays. INTERIM LIBRARY SERVICES Chair Manzo noted that although it may not be in writing, but throughout the library bond drive, the residents were promised that library services would not be disrupted and temporary library services would be provided if the bond passed and a new library was constructed. Chair Manzo stressed the importance of keeping library services available during the expansion project. Chair Manzo noted that she is aware of the lack of land to house a temporary facility. Commissioner Gipstein noted safety is her number one concern, if temporary services are in the existing building during construction. Commissioner Gipstein noted that Gilbane (Project Manager) reassures the Commission and the Library Expansion Committee that if the need arises that temporary services are in the existing building during construction, it would be safe. Commissioner Gipstein stated that she strongly opposes closing the Library down completely for 18 months during'construction. Commissioner Gipstein noted that she would prefer off site temporary services but can support using the existing library. Councilmember Bogosian asked if Gilbane has developed a plan for temporary facilities on site during construction. In response to Councilmember Bogosian's question, Chair Manzo explained that the Library Expansion Committee has already directed Mark Schatz and Gilbane to develop a plan for temporary facilities and that plan will be presented at the March 1st Library Expansion Committee meeting. Chair Manzo noted that having alternative library services on the existing library site has always been her first choice for the following reasons: Site is known · Requires no outreach to another community · After School programs would not be interrupted · Money from the bond measure could be saved if the City did not have to pay rent to someone ,else to lease land. Councilmember Waltonsmith expressed concern regarding the preservation of the Heritage Orchard if temporary services are placed at the current site. Chair Manzo reiterated the fact that at the March 1st Library Expansion Meeting all of those types of issues would be addressed. City Council Minutes February 13, 2001 Commissioner Gipstein responded that each time the Library Expansion Committee has meet the issue of the preservation of the Heritage Orchard has been discussed. Commissioner Gipstein noted that once the construction of the Library is complete, she believes the orchard will be enhanced. Councilmember Baker asked if the Library Commission/Library Expansion Committee have given Gilbane a list of services that must be provided during the construction phase. Chair Manzo explained that the Library Expansion Committee directed the Library staff to develop a needs assessment list. The library staffhave recently been calling surrounding libraries that are in the 7,500 square foot range, to find out the following; what kinds of services they provide, what is in their collection, how many computer terminals they have, what kind of special programs are offered, and how many seats they provided. Councilmember Baker noted that before the recommend plan for temporary services comes before the City Council, he recommends that all the parties involved have been given the opportunity to provide their input on this issue. Dave Anderson, City Manager, noted that this issue could be placed on the March 7, 2001 City Council agenda. Mayor Mehaffey noted that he agreed that having library services during construction is necessary. Mayor Mehaffey noted his concern is also safety of the patrons if the temporary library services are on site. Mayor Mehaffey noted that it would require two separate ways into the site for pedestrian use and construction use. DISCUSSION OF SB74 & SB94 Chair Manzo noted that there are two bills before the Senate - SB74 & SB94. Both of these bills address the loss of revenue to special districts, which included libraries, back in 1992-93. This was when Sacramento shifted funds from special districts and gave the money to the schools in the form of the ERAF program. Chair Manzo explained that these bills would exclude library districts from ERAF program and libraries would get their funding back that they lost in 1992, which'was about 42% of their budgets. Chair Manzo noted that $8 million could be given back to the Santa Clara County Library System. Chair Manzo asked if the Council Would support the passage of SB74 & SB94 in a letter of support. City Council Minutes February 13, 2001 Councilmember Bogosian noted he did not support helping the Santa Clara County Library System get money back from the State's ERAF program because the City would not benefit from it even though they do provide library services. Councilmember Baker concurred with Councilmember Bogosian. Mayor Mehaffey noted that there is on going litigation of the State's implementation of the ERAF program to decide whether or not it was even constitutional to do in the first place. Mayor Mehaffey concurred with his fellow colleagues and can not support SB74 & AS 94. Cihair Manzo asked the City Council if they had any further questions or comments. Councilmember Baker requested that between now and March 1st, the Library Expansion Committee, Library Commission, and Library Staff clearly define what is needed for temporary library services. 'Mayor Mehaffey thanked the Library Commission for attending tonight's meeting. CIT-Y COUNCIL ITEMS Councilmember Bogosian referred to the memo, that the City Clerk provided tonight, informing the Council of an oral report presented at the February 1st County Planning Commission regarding the Mountain Winery's Use Permit status report. Councilmember Bogosian expressed concern because one of the conditions he negotiated last year, on behalf of the City with the Mountain Winery, included language that said the County must notify the City of Saratoga of any issues relating to the Mountain Winery that came before them. A discussion took place about the responsibility of the County Planning and Zoning Commission to notify the City of Saratoga. Councilmember Bogosian requested a staff member be assigned to monitor the County Planning Commission agendas. Dave Anderson, City Manager, noted that staff has already been added to the mailing list to receive the County's agendas, and he currently reviews the Board of Supervisor's agendas. Councilmember Baker requested the status of two letters he received last year, one from Mr. Paulsin and the other from Ms. Nieman. Councilmember Baker noted he would like to know if the City addressed these resident's concerns. 7 City Council Minutes February 13, 2001 Councilmember Bogosian responded in regards to Ms. Nieman's concems, she attended the hearing on the development of the Owens property, and he believes, from conversations with Ms. Nieman, discussions are in progress with the developers. Mayor Mehaffey noted he received a letter from a neighbor of West Valley College alleging a number of on going construction activities that do not seem to be related to the educational facility. The neighbor asked if the College is required to obtain permits from the City of Saratoga. Mayor Mehaffey noted the letter went on to explain that a response from Marchelle Fox said the College could do what they want and the City could not do anything about it. Mr. Anderson noted he also received a copy of that letter and forwarded it to the City Attorney and to the Interim Community Development Director to investigate the issues that were addressed in the letter. Mr. Anderson noted that he would report back to the City Council as soon as he has any information. OTHER None CITY MANAGER'S REPORT Mr. Anderson informed the City Council that he would be out of town until Monday, February 26, 2001. Mr. Anderson indicated that Mary Jo Walker, Director of Administrative Services, would be acting City Manager. Mr. Anderson informed the Council that on Thursday, February 15,2001, Phase I of the Heritage Orchard Restoration Project will begin. Mr. Anderson explained that several measures were taken to inform the public of the project: · A sign will be placed at the comer of Saratoga Avenue and Fmitvale Avenue- installation scheduled for Wednesday (2/14/01). · A notice was posted on KSAR's bulletin board. · A link was created on the City of Saratoga website. · Article in this week's edition of the Saratoga News. · ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 8:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: SUBJECT: Check Register RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. JFund# Fund Name AP CHECKS A84315-84391 Date Manual Void Total 2116101 Checks Checks 1 GENERAL 22,398.40 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 36,998.63 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250.00 250 Dev Services 736.32 260 Environmental 48.00 270 Housing & Comm 290 Recreation 13,767.32 292 Facility Ops 293 Theatre Surcharge 300 State Park 310 Park Develpmt 11.45 320 Library Expansion 26,393.16 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 2,812.50 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 21,797.50 800 Deposit Agency 810 Deferred Comp 830 Paymll Agency 990 SPFA ISubtotal 125,213.28 PAYROLl_ CHECKS: B26368-26436 TOTAL Prepared by: 793.04 793.04 Date: (63.00) (63.00) IApproved by: 0 ~ 0 0 0 0 0 0 0 o ~ Om Om ~ ~0 o oooooooo uo ~ggg§oooo .... 0 ~ 0 ~ 0 m 0 § § O *vt~ 0 0 0 mO 0 o o~o~ o o o oo o o oo Oo ~m~ ~ o ~o ~ ~ ~ ~ o ~ ~ ~ 0 o o o o o o MuM ~ ~ ~ ~ 0 0 0 0 0 ooo ~o ~ ~ ~ ~oooooo oo ~ooooooooooooo ~o o o ~C:, 0 ,q,t U ~o o§ ~§ .......... ~ oo ~ ooooooo o o ~ ~ ..........o~ d (~0 OO OO ~0 (~0 OU ~H 0 0 ~J 0 r~ ~0 ~0 0 oo SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM.'~ CITY.MANAGER: ~~~-~--~ DEPT HEAD: SUBJECT: Planning Commission Actions, February 28, 2001 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of February 28, 2001. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: PLACE: TYPE: Wednesday, February 28, 2001 - 7:30 p.m. Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL: ABSENT: STAFF: Chairman Page, Commissioners Barry, Bemald, Kurash, Patrick and R0upe Commissioner Jackman Senior Planners Block and Schubert, Planner Connolly, and Minutes Clerk Shmn PLEDGE OF ALLEGIANCE MINUTES - Study Session and regular meeting minutes from February 14, 2001. ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted February 23, 2001. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR 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, wri!tten communication should be filed on or before the Thursday before the meeting. V-01-001 (393-25-024) - ST. ANDREWS SCHOOL, 13601 Saratoga Avenue; - Request for Variance approval to construct a fence over three feet in height along Saratoga Avenue within the front yard setback. The site is located on a 89,291 (net) square foot parcel within an R-i-20,000 zoning district. (APPROVED 6-0) PLANNING COMMISSION AGENDA FEBRUARY 28, 2001 PAG£2 DR-00-045 8r SD-00-006 (410-39-012) - LEXOR INVESTMENTS, INC., 15202 Quito Road; - Request for Design Review and Parcel Map approval to allow the subdivision of a 3.62 net acre parcel into three lots of 48,426; 50,868 and 65,484 (net) square feet. The proposal calls for demolishing an existing residence and accessory structures and constructing three two story residences ranging in size from 5,702 square feet t0 6,498 square feet. The site is located in an R-l-40, 000 zoning district. (APPROVED 6-0) V-00-023 (503-56-010) - HALL, 13410 Old Oak Way; - Request for Variance approval to construct an addition to match an existing non-conforming structure, within the rear yard setback, on a slope that exceeds 30% and at a height greater than 26 feet. The existing structure is built on piers with a maximum height of about 43 feet. The site is located on a 40,075 (net) square foot parcel within an Rd-40,000 Zoning district. (APPROVED 6-0) DR-00-063 (397-07-083) - SATHAYE, 15315 Sobey Road; - Request for Design Review approval to construct a new 6,066 square foot two-story, single-family residence. The maximum height proposed is approximately 26 feet. The parcel is approximately 43,680 square feet located in an R-I-40,000 zoning district. (APPROVED 5-1, PATRICK OPPOSED) DR-00-061 (397-07-103) - CHIU, 18615 Maude Avenue; - Request for Design Review approval to demolish an existing 2,873 square foot single story residence with accessory structures and construct a new single story 6,096 square 'foot residence. Maximum height of the structure will be 26 feet. The 46,120 square foot parcel is located in an 40,000 zoning district. (APPROVED 6-0) DIRECTOR ITEMS - Modification of approved Planning Commission project standards (CONTINUED TO 3/14/01) COMMISSION ITEMS - Chew - Rodeo Creek Hollow (Lot 5) modification COMMUNICATIONS - Written 7 Saratoga City Council Minutes from February 7, 2001. ADJOURNMENT AT 11:15 TO THE NEXT MEETING Wednesday, March 14, 2001 Council Chambers/Civic Theater 13777 Fruiwale Avenue, Saratoga, CA SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 ORIGINATING ~T~ P REP ARE DB Y.'~ LB~3~_ / ~ AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Appointment of Representative to the Union Pacific Railroad Task Force RECOMMENDED ACTION: That Council adopt resolution appointing one (1) Councilmember to act as a representative on the Union Pacific Railroad Trail Task Force. REPORT SUMMARY: In response to the report given at the February 21, 2001 City Council meeting, the Saratoga City Council felt the it would be appropriate to have a Councilmember from Saratoga represented on the Union Pacific Railroad Trail Task Force. At that time the City Council unofficially appointed Councilmember Ann Waltonsmith to be the City of Saratoga's representative. Background The proposal to construct a trial along the segment of the Union pacific Railroad easement running through the cities of Cupertino, Saratoga, Los Gatos and Campbell began when groups of West Valley pedestrians, equestrians and bicyclists expressed interest in developing the area. These user groups are presently using the existing Railroad right of way and adjacent properties as a trail without permission from the Union pacific Railroad, presenting public safety concerns, and inviting illegal dumping and other undesirable activities. On March 21, 2000, the Saratoga City Council passed Resolution 00-016 in support of the creation of the Union Pacific Railroad Trail Ad Hoc Task Force to study and recommend a plan for developing the proposed trail. The City of Cupertino has taken on the role as "lead agency" on this Task Force. On February 21,2001, the City of Saratoga once again demonstrated support of this project when Resolution 01-012 was passed' approving $10,000.00 allocation to conduct a Feasibility Study. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Tine Saratoga City Council would not be represented on the Union Pacific Railroad Trail Task Force. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk will send a certified copy of the resolution to the City of' Cupertino. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A: Resolution 2 of 2 RESOLUTION NO. 01- RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER OF THE SARATOGA CITY COUNCIL TO BE THE REPRESENTATIVE ON THE UNION PACIFIC RAILROAD TRAIL TASK FORCE WHEREAS, on march 21, 2001, the Saratoga City Council approved Resolution 00- 016 in supporting the 'creation of the Union pacific Railroad Trail Ad Hoc Task Force; and WHEREAS, on February 21, 2001, the Saratoga City Council approved Resolution 01-012 approving $10,000.00 allocation to conduct a Feasibility Study; and WHEREAS, the Saratoga City Council feels that it is now appropriate to have Council representation .on the Union Pacific Railroad Trail Task Force; NOW, THEREFORE, BE IT RESOLVED, that the following appointment is made to the Union Pacific Railroad Trail Task Force: Councilmember Ann Waltonsmith The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 7th day of March 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: John Mehaffey, Mayor Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: ~ ~~,~_ SUBJECT: Approval of a Professional Services Agreement with Rich Genoff for agronomic services in connection with the Congress Springs Park Improvement Project, C.I.P. No. 9704. RECOMMENDED ACTION: 1. Approve a Professional Services Agreement with Rich Genoff for agronomic services in the amount of $17,955 and authorize the City Manager to execute the same. REPORT SUMMARY: On March 1, 2000, the City Council approved a Professional Services Agreement with David M. Moyer Consulting Group for design, construction and post-construction agronomic services in connection with the Congress Springs Park Improvement Project, C.I.P. No. 9704 (see attached report). Recently, Mr. Moyer developed serious health Problems and informed the City he could not perform his contract. Rich Genoff, Sports Turf Manager for the San Francisco Forty-Niners, has agreed to assume the terms of the original contract executed with Mr. Moyer with the addition of a hold harmless clause. Mr. Moyer's performance of his contract was limited to a few meetings and some initial soil tests, thus he has agreed to refrain from invoicing the City for any time expended on the project. FISCAL IMPACTS: Funding for project development work is programmed in the adopted budget in Capital Project No. 9704 (Park Development Projects) - Account No. 4017 (Architectural Services). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A Professional Services Agreement with Rich Genoffwill not be approved. The Council may direct staff to negotiate a contract with another consultant. However, staff does not believe that this will result in finding a more competent consultant for this work. ALTERNATIVE ACTION(S): None in addition to the above. F~DLLOW UP ACTION(S): The Professional Services Agreement will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: N,>ne additional. ATTACHMENTS: 1. Professional Services Agreement. 2. City Council Report dated March 1, 2000. 2 of 2 STANDARD CONTRACTUAL SERVICES AGREEMENT' THIS AGREEMENT is made at Saratoga, California, as of ,2001, by and between the CITY OF SARATOGA, a municipal corporation ("City"), and ("Contractor"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor'shall' provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shallpay Contractor for services rendered pursuant to this Agreement and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement and shall in no event exceed $17,955 unless agreed to in writing by City. Contractor shall submit all billings for said services to City in the manner specified in Exhibit A; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions.. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. HOLD HARMLESS. The City understands that in addition to providing independent contracting services, Contractor is an employee of the San Francisco Forty-Niners and that the services performed pursuant to this agreement are being performed'by Contractor solely as an independent contractor and not as an employee of the San Francisco Forty-Niners. In recognition of this fact and to the fullest extent permitted by law, the City shall hold the San Francisco Forty-Niners harmless from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regular proceedings, losses, expenses or costs of any kind whatsoever without restriction of limitation, incurred in relation to, as a consequence of or arising out of or in any way attributed actually, allegedly or implicitly, in whole or in part to the performance of this agreement. Standard Contractual Services Agreement o NOTICES. Any written notice to Contractor shall be sent to: Rich Genoff P.O. Box 5222 Santa Clara, CA 95056 Any written notice to City shall be sent to: City of Saratoga I Attn: John Cherbone, Public WOrks Director 13777 Fruitvale Avenue Saratoga, CA 95070 Executed as of the day first above stated: CITY OF SARATOGA, a municipal corporation Attest: City Clerk Approved as to form: By By "City" "Contractor" City Attorney Approved as to budget authority: Finance Director Standard Contractual Services Agreement Exhibit A Scope Of Services PART A - DESCRIPTION OF PROJECT The Project for which professional consulting services are to be provided consists of the design, c0nstmction and poSt-construction agronomic turf-grass services in connection with the Congress Springs Park Playfield Improvement Project, .C.I.P. No. 9704. PART B - SCOPE OF AGRONOMIC SERVICES BASIC SERVICES Contractor shall perform the following detailed agronomic services: II. I. Design phase · Construction · Develop agronomical sound soil specifications for turf- grass. · Develop agronomical sound turf-grass specifications for playfields. · Provide information to City, user groups, consultants, contractors, vendors, and community as needed. Report to the City periodically and as needed. Phase III. General IV. Training Develop and maintain oversight of playfield construction. Inspect and evaluate contractor performance of specifications. Report to City periodically and as needed. Additional duties as required. Provide training and informational workshops for City staff in regard to short-term and long-term maintenance of the playfield turf-grass. Exhibit "A" EXHIBIT B PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of ($17,955.) for services to be performed and reimbursable costs incurred pursuant to this Agreement. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and 'reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information. 1. Serial identifications of progress bills, i.e., Progress Bill No. 1. 2. The beginning and ending dates of the billing period. 3. A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available and the percentage of completion. 4. For each work item in each task, a copy of the applicable time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense. City shall make monthly payments, based on such invoices, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay the last 10% of the total sum due pursuant to this Agreement within forty- five (45) days after completion of the services and submittal to City, if all services due pursuant to this Agreement have been satisfactorily performed. The total sum stated above shall be the total which City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or coSt whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (2:5%) of the initial contract price. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule of hourly billing included as Exhibit B-1. Exhibit "B" Reimbursable expenses are specified on Exhibit B-l, and expenses not listed on Exhibit B-1 are not chargeable to City. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. In this event, City shall compensate the Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice thereof. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the City. Exhibit "B" "EXHIBIT B-l" Rich Genoff February 14, 2001 David A. Mooney, Parks Supervisor Proposal to provide sen/ices on Congress Springs Park playfield renovation project. Scope of work: To Function as Agronomic Consultant, Agent for City of Saratoga dudng pre-' construction, construction and post-construction of sports facility at Congress Springs Park, Saratoga, CA. Professional sen/ice fee is $95.00 per hour at site or research. Off site fees portal to portal from Santa Clara, CA. I. Design Phase; Est. hm. · Develop Agmnomically sound specifications for soil or growth medium. .15 · Choose turfgrass for site. 4. · Provide information to user groups, city, contractors and vendors to develop inclusive involvement for community of project development.. 10 · Report to the city periodically and as needed. 1_...~_0 I1. Construction Phase; · Develop and maintain oversight. 40 · Inspect and evaluate contractor performance of specifications. 6._~0. · Report to city pe~odically and as needed.' 10 II1. General; · Additional duties as required, IV. Training; · Provide training and informational workshops for city employees. Est. cost ~.1,425.00 38o.0o $950.00 $950.00 - ,~5,700.00 $950.00 As needed 4....[.O EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the tight to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the tight to cOntrol the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that it has all licenses,, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term 0fthis Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this A~eement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope of Insurance: Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1/73) coveting comprehensive General Liability and Insurance Services Office form number GL 0404 coveting Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. o Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Exhibit "D" (b) (c) (d) . Minimum Limits of Insurance. Contractor shall maintain limits no less than: General Liability: $ combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit'shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $ combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $ per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special' limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Exhibit "D" (e) (f) (g) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall a~ee to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the sen:ices specified in this A~eement. 4. All Coverage's. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. o Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Subcontractors. Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each Exhibit "D" subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverage, scope, limits and forms of such insurance are either not commercially available or that the City's interests are othervdse fully protected. 5. CONTRACTOR NO AGENT. Except as City may specif-), in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNqVIENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. An.,,, attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSON~rEL. Contractor shall assi~m~ only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately up3n receiving notice from city of such desire of City, cause the removal of such person or persons. 8. ST'ANDARD OF PERFORlvlANCE. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All instruments of sen, ice of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 9. HOLD HAR_MLESS .AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the, Contractor or of any subcontractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury, or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a Exhibit "D" construction contract. By execution of this Agreement, Contractor acknovdedges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERNq¥IENTAL REGULATIONS. To the extent that this Ageement may be funded by fiscal assistance from another governmental entiB,, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCU:'VIENTS. Ail repons, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. 12. COMPLL~uNCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable to the performance of the work hereunder, including, but not limited to, laws prohibiting discrimination based on race, religious creed, color, national origin, ancestD,, physical handicap, medical condition, marital status or sex. 13. USE OF RECYCLED pRODUCTS. Contractors shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Exhibit "D" SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: MARCH 1, 2000 ORIGINATING DEPT.: PUBLIC WORKS SUBJECT: Approval of a Professional Services Agreement for design, construction and post-construction agronomic services in connection with the Congress Springs Park Improvement Project, C.I.P. No. 9704 RECOMMF~NDED ACTION(S): 1. Approve a Professional Services Agreement with David M. Moyer Consulting Group of Campbell in the amount of $17,955. REPORT ,qIIMMAR¥: A crucial design task of the Congress Springs Park Playfield Improvements project is the design, installation, and maintenance of the turf'developed for the proposed new playfields. In general, by retaainmg a tuff-grass expert to work directly for the City it will: 1) ensure the variety of turf-grass and specifications for soil amendments are designed to maximize both playability and maintainability of the new playfields; 2) ensure the new turf-grass is properly installed; 3) ensure sta~ffreceives proper training for the maintenance of the new playfields; and 4) remove fi.om the landscape architect a task which is normally beyond their expertise. Spcmifically, David M. Moyer Consulting Group will: 1) Develop soil specifications to be incorporated into the general playfield design specifications provided by the City's landscape architect. 2) Select the proper turf-grass for the needs of the City and the user groups. 3) Provide support and direction to the City's landscape architect. 4) Provide expert counsel during public and project meetings. 5) Provide material testing and specification oversight prior to installation. 6) Provide inspection services during construction. 7) Provide training for the long-term maintenance of the new playfields. Although the amount of savings or additional costs associated with performing this task outside of the landscape architects contract is unknown, staff believes the performance of this task by an expert will save the City money in the long tenn. Additionally, the Parks and Recreation Cor0xnission, and representatives from AYSO and Saratoga Little League support this course of action. Because of the very limited number of consultants who provide agronomic turf-grass consulting, the considerable experience Mr. Moyer can bring to this type of project, and the excellent references obtained fi.om former and current clients in the area, staffrecommends that the City Council approve a Professional Services Agreement with David M. Moyer Consulting Group to provide agronomic and turf-grass consulting services for the Congress Springs Park Playfield Improvement Project. FIgCAI. IMPACT~: Funding for project development work is programmed in the adopted budget in Capital Project No. 9704 (Park Development Projects) -Account No. 4017 (Architectural Services). CON~qF. QIJF. NCF.,g OF NOT ACTING ON TIlE RF,,COMMENDFD MOTIONs: 1. A Professional Services Agreement with David M. Moyer Consulting Group will not be approved. The Council may direct staff to negotiate a conUact with another consultant. However, staffdoes not believe that this will result in finding a more competent consultant for this work. AI,TERNATIVE ACTION~(,q): Allow the City's landscape architectural consultant, whom will be selected in the next few weeks, perform this task. FOI.I.OW UP ACTIONS: 1. The Professional Services Agreement will be executed and work will begin immediately. ADVERTLqlNG: NOTICING AND PIFRIJC CONTACT: Nothing additional. ATTACHMENTS: 1. Professional Services Agreement. STANDARD CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT is made at Saratoga, California, as of ,2000, by and between the CITY OF SARATOGA, a municipal corporation ("City"), and ("Contractor"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this A~eement, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this A!veement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit A; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. NOTICES. Any v~xitten notice to Contractor shall be sent to: David M.Moyer P.O.Box 155 Campbell, CA 95009-0188 Any written notice to City shall be sent to: City of Saratoga Attn: John Cherbone, Acting Public Works Director 13777 Fruitvale Avenue Saratoga, CA 95070 Standard Contractual Services Agreement Exhibit A Scope Of Services PART A - DESCRIPTION OF PROJECT The Project for which professional consulting services a~e to be provided consists of the design, construction and post-construction agronomic turf-grass services in connection with the Congress Springs Park Playfield Improvement Project, C.I.P. No. 9704. PART B - SCOPE OF AGRONOMIC SERVICES BASIC SERVICES Contractor shall perform the following detailed agronomic services: I. Design Phase · Develop agronomical sound soil specifications for turf- grass. · Develop agronomical sound turf-grass specifications for playfields. · Provide information to City, user groups, consultants, contractors, vendors, and community as needed. · Report to the City periodically and as needed. Construction Phase III. General W. Training · Develop and maintain oversight ofplayfield construction. · Inspect and evaluate contractor performance of specifications. Report to City p~riodically and as needed. Additional duties as required. Provide training and informational workshops for City staff in regard to short-term and long-term maintenance of the playfield turf-grass. Exhibit "A" Executed as of the day first above stated: CITY OF SARATOGA, a municipal corporation Attest: City Clerk Approved as to form: By. By "City" Ci'~y Attorney Approved as to budget authority: Finance Director Standard Contractual Services Agreement EXHIBIT B PAYMENT SCHEDULE City shall pay Contractor an amount not to exceed the total sum of(gl 7.955.) for services to be performed and reimbursable costs incurred pursuant to this Agreement. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information. 1. Serial identifications of progress bills, i.e., Progress Bill No. 1. 2. The beginning and ending dates of the billing period. 3. A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available and the percentage of completion. 4. For each work item in each task, a copy of the applicable time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense. City shall make monthly payments, based on such invoices, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay the last 10% of the total sum due pursuant to this Agreement within forty- five (45) days after completion of the services and submittal to City, if all services due pursuant to this Agreement have been satisfactorily performed. The total sum stated above shall be the total which City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five (25%) of the initial contract price. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule of hourly billing included as Exhibit B-1. Exhibit "B" Reimbursable expenses are specified on Exhibit B-1, and expenses not listed on Exhibit B-1 are not chargeable to City. The services to be provided under this Agreement may be terminated without cause at any paint in time in the sole and exclusive discretion of City. In this event, City shall compensate the Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice thereof. Contractor shall maintain adequate logs and timesheets in order to veri~, costs incurred to date. The Contractor is not authorized to perform any services or incur any costs whatsoever - under the terms of this Agreement until receipt of a fully executed Purchase Order from the City. Exhibit "B" "EXHIBIT B-i" T~ David M. Moyer. Agronomic,-Turfgrass Consultar~ p.O. BOX'188 · ~, Campbell,CA 950090188 408-293-6032. , January 27, 2000 David A. Mooney, Parks Supervisor Proposal to provide services on Congress Sl~ings Pa~ playfield renovation project. Scope of work: To Funclion .as Agronomic Consultant, 'Agent for City of Saratoga dunng pre- construction, constnJction and post-construction of sports facility at Congress Spdngs Park, Saratoga, CA. Professional service fee is $95.00 per hour at site or research. Off site fees portal to portal from Campbell, CA. " I. Design Phase; Est. hrs. Est. cost I1. · Develop Agronomic, ally sound specifications for soil or growth medium. 1__~_5 · Choose turfgrass for site. 4 · Provide information to user groups, city, contractors and vendors to develop inclusive involvement for community of project development.. 1.__~0 · Report to the city periodically and as needed. 1__.~0 Construction Phase; $1,425.00 8o.oo ;950.00 ;950.00 III. · Develop and maintain oversight. Inspect and evaluate contractor performance of specifications. · Report to city periodically and as needed._ General; $3,eoo.oo 60 $5,700.00 95o.00 · Additional duties as required. IV. Training; As needed Provide training and informational workshops for city ~~,yees. 40 ~F3,800.00 David M. Moyer, DBA i~u pMoyer Consulting EXHIBIT D GENERAL PROVISIONS 1. ENDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS: ETC. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and wan-ants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this A.~Teement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the.' term hereof a valid City of Saratoga Business License. 3. TIME. Contractor shall devote such time to the performance of services pursuant to this Agxeement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1/73) covering ' comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Exhibit "D" (c) (d) (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage. no The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Exhibit "D" (e) (0 (g) Co Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. do The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect_ to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. Professional Liability. Contractor shall carry professional liability insurance in an amount deemed by the City to adequately protect the Contractor against liability caused by negligent acts, errors or omissions on the part of the Contractor in the course of performance of the services specified in this Agreement. 4. All Coverage's. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Subcontractors. Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each Exhibit "D" subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverage, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capaciiy whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Aereement to bind City to any obligation whatsoever. ~ 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any fight or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONN~EL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All instruments of service of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORR. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. Contractor shall indenmify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This para~aph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury, or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a Exhibit "D" construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it ihas read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance fi-om another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. 12. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws apl:,licable to the performance of the work hereunder, including, but not limited to, laws prohibiting discrimination based on race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 13. USE OF RECYCLED pRODUCTS. Contractors shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Exk.bit "D" SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: March 7, 2001 ORIGINATING DEPT: CiD' Attorney AGENDA ITEM CITY MANAGER: PREPARED BY: Ci~' Attorney SUBJECT: Amendments to Nuisance Abatement Ordinance. RECOMMENDED ACTIONS: 1) 2) 3) Conduct public hearing on proposed ordinance amending the City's nuisance abatement procedures; Approve motion to waive the second reading of the ordinance; and Approve ordinance. STAFF REPORT The City Council after a public hearing on February 21,2001 approved a first reading of the attached ordinance in order to streamline the process for appeals of certain code enforcement actions and to provide the City with the option of recovering attorneys fees in code enforcement actions. The Council made a number of technical amendments to the draft prepared by staff and those amendments are reflected in the attached copy of the proposed ordinance. The matter is before the Council at this time for a final, second reading. If adopted the ordinance would take effect in 30 days. The effect of the ordinance is described in the staff report for the Februaw 21,2001 meeting. Ordinarily, a second reading matter would be placed on the consent calendar. At its meeting of February 21,2001, however, Council directed that in order to ensure that the public had a full opportunity to comment on this matter, the ordinance should be the subject of an additional public hearing. The hearing was advertised in the February 28, 2001 issue of the Saratoga News. FISCAL IMPACTS: The amendments would reduce the amount of time devoted by Management staff to serving on the Board of Appeals. The amendments would result in new' costs to the City fi)r the use of a Heating Officer. The epical rate for a Heating Officer is approximately $125 - $175/hour. Staff recommends that the Heating Officer be funded in the budget of the City Clerk because the orders appealed generally are made by the City Manager and originate in the Community Development Department. There are sufficient appropriations in 2000-01 budget for this purpose assuming that there is no change in the level of code violations or the rate at which appeals are filed. Staff will recommend an appropriation of $5000 in the 2001-02 budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: A summary of the ordinance together with notice of the February 21,2001 meeting is meeting was published in the Saratoga News on January 17, 2001. The March 7, 2001 hearing was advertised in the Saratoga News on February 28, 2001. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The ordinance amendments would not be adopted. FOLLOW UP ACTIONS: A summary of the ordinance will be published with the names of the council members voting for and against the ordinance. ATTACHMENTS: Proposed Ordinance. 2 ORDINANCE NO. AN ORDINANCE BY THE CITY OF SARATOGA AMENDING CHAPTER 3 OF THE SARATOGA CITY CODE RELATING TO CODE ENFORCEMENT The Cid7 Council of the City of Saratoga hereby ordains as follows: SECTION 1. Section 3-10.030 of the Saratoga Cid' Code is hereby amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bald dn,hl.o-,,ndorllnod) and text to be deleted is indicated in strikeout font (e.g., ~uikcou0. Text in standard font remains unchanged by this ordinance. 3-10.030 Recorded notice of Code violation. (a) Whenever the Cid' Manager has knowledge of a violation of anv provision of this Code, or any other ordinance of the Cid', or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an .uny approval, permit or license granted pursuant 1~l this Code. he tho CiD, Manager may notify the owner of the propem.., upon which the violation is located of his the CiD' Manager'..q intent to record a notice of Code violation in the office of the County Recorder fm thc Cuunty. Such notice of intent shall be mailed to the owner at the address shown on the latest available assessment roll, or as otherwise known to the Cid' Manager, and a copy thereof shall be posted upon the property. The notice of intent shall describe the nature of the violation and inform the owner that a notice of C-od~ violation will be recorded unless a hearing before the ~ ~ I-Ioarin~ Officer estahliqhed ?.re.ant_ t.O Sect_ion 3-1 ~_070 of t. hi$ Code is requested by the owner within re'end' days from the date of the notice. (b) In the event a hearing is not requested and the violation has not been corrected, or in the event that after the conduct of a hearing bofnre the I-Ioaring Officer: and consideration of all evidence presented thereat by the owner, the I-Ioarin~ officer C-itynl'~mger- determines that a violation of one or more of the aforementioned codes, ordinances, rules, regulations, orders or conditions in fact exists, the Cid' Manager may record a notice of ~ violation in the office of the Count3.' Recorder. The determination bx' the ' .ESD'nMam'g~ I-Ioarino Offieor following a hearing, m,,t a v,ma,u, exists, iiiaS- in accnrdaneo with th~ r. loq Of ?mood,re estobllahod hy qaJd H~nrin~ Officer; ie final and may. nnt be appealed to the Citv. Council iii ,,,.,.~,,~,~ ...,, t,~ },~,,,.~,m~ set (c) At the request of the affected propert7 owner or other interested person and upon determination by the Cid' Manager that the a violation has been fully corrected and no longer exists, the Cid: Manager shall furnish to the owner or other interested person a notice of expungement of the previously recorded notice of ~ violation. Page 1 of 13 Ordinance No. (d) The recording of a notice of C-ou~ violation pursuant to this Section shall be in addition to any other rights, remedies or actions available to the CiB-.' by reason o:['the same violation as described in the notice. SECIIOJSL2. Article 3-15 of the Saratoga City. Code is hereby amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., hallLdmllll~-- llladovllnod) and text to be deleted is indicated in strikeout font (e.g., shik~ou0. Text in standard font remains unchanged by this ordinance. ARTICLE 3-15 NOTICED NUISANCE ABATEMENT PROCEDURE 3 - 15.010 Authority. This Article is adopted pursuant to the provisions of ~ ~gnmrnonelng with .qoetit~n ~Iii'7'/!) in I"h~ptor 1 fl_ I)ivi~it}n ~[ t~fTitle 4 Scutlun ~,b%'~3v5 of the ~ Government Code. 3-15.020 Right of entry. When it is necessary to make an inspection to enforce any..' thc p~ovi~io~l~ ~~ of this Code, or when the City. Manager ox tn~ t.,ty Mmlag~ ~ aumotl-.~u r~.p~ ~acxltativ= has reasonable cause to believe that there exists a parcel of land or structure, upon ~ a premises a condition ~ which makes ~ a parcel of land or su:ucture a nuisance as defined in this Code, the City Manager may enter the building ~~ or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such building ~ or premises be i~ occupied that credentials be presented to the occupant and entry, requested. If such buildi,g ~ or premises be is unoccupied, the City Manager shall first make a reasonable effort to lo.:ate the owner or other persons having charge or control of the buildi~lg ~ or premises and request entry. If entry is refused, the CJi' Manager buildi~,g official shall have recourse to the remedies provided by law to secure entry. 3-15.030 Declaration of nuisance. When the City Manager has inspected or caused to be inspected any condition on any parcel of land or structure and has found and determined that such condition on such parcel of land or structure is a nuisance, the City Manager shall commence proceedings to cause the abatement of such nuisance and to make the costs of such abatement a special assessment against the parcel upon which such nuisance exists. 3-15.040 Notice and order. Page 2 of 13 Ordinance No. (a) The City Manager shall issue a notice and order directed to the record turner of the parcel of land ,,nan which the Citx, ~lana~er ha~ determined that a nniq~neo o~'i~tq. The notice and order shall contain: (1) The street address and a legal description sufficient for identification of the parcel of land and s~cmres thereon. (2) A statement that the CiW Manager has found th~ p~mi~, ut ~ttuctut~ ~a cnnditinn doomed n pnhlie nuisance p,,r~mnt tn l-0~_fll fl(o) tn exist with a bhef and concise description of the conditions found to ~cndc~ th~ building dung~uus ennqtituto ~ ?~hlie nniq~neo under the provisions of this Code. (3) A statement ~ ~the ~ action required to be taken and ([[) qnoeifx, ing tho time in which enmmoneomont nftho net[on nnd/nr enmnlotinn nf tho 9etinn m~j~t neenr as dete~ined by the Ci~ Manager. (4) S[u[~mcxx~ ~ advising that if the abatement work is not commenced within the time specified, the Ci~ Manager may proceed to cause the work to be done and charge the costs thereof against the pt.upu~ ty parcel or its owner 9oain~t tho n~reol ~nd/nr gq 9 ~noei~! 9~o~m~nt and that ~neh nrnnortv may he ~nld (5)SLaLcmcnt~ A ~tntomont whether nr nat the CiD, ~ln,agor hna elected tn qook_ 8S a part nf nhatement eflqtq: ron~nnnhle nttnrnov'~ ~qoq inenrr~d in nhnting the nniqnnee_ ~eh nntice ~ha~l alan qtnto that if the Cih, ~,lnn~ger oloetq tn ~eek rea~nnahle attnrnox,~ feo~_ the nrox, nilina nar~, max' he entitled tn roimhnr~omont nf ronqnnnhlo nnd noeoq~nrilx- ineurrod attnrnox, tq (~) · ~tntomont advising (i) that any person having any record title or legal interest in the parcel of land may appeal ~om the notice and order or any action of the City Manager to the Bumd ufApp~ul~ ~earlng Officer, provided the appeal is made in writing and filed with the Office of the Ci~ Manager within tho time specified ~eetinn ~-1 ~_fiRfl{h) nf thiq Cndo thhty duy~ ~tum thc date u~ ~ct v ic~ u~ ~uch nutlc~ and mdct (u~ ~.ithin t~n duy~ fium ~uch dut~ ir th~ City Manug~ ha~ d~L~tmin~d ~hai ~h~ conditiun i~ ~uch a~ tu mak~ it immediately dung~tuu~ tu th~ liF~, limb, p~up~ty tu thc public u~ adjutant p~up~tty); and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and dete~ination of the ma~er. (b) SeD'ice of notice and order. The notice and order, and any amended or supplemental notice and order, shall be sensed upon the record owner and posted on the prope~'; and one copy thereo~ at tho nptinn nfthe Cit}, ~.1nnagor: m~y ~ be sen, ed on each of the following if ~own to the Ci~ Manager or disclosed ~om official public records: the holder of any me,gage or deed of~st or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building ~ or the land on which k is located. The failure of the Ci~ Manager to sense any person required herein to be se~ed shall not invalidate any proceedings hereunder as to any other person duly seD'ed to relieve any such person ~om any du~ or obligation imposed by the provisions of this section. (c) Method of senfice. Se~'ice of the notice and order shall be made upon Page 3 of 13 Ordinance No. all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt required, to each such person at their address as it appears on the last equalized assessment roll of the County or as known to the City Manager. If no address of any such person so appears or is known to the City Manager, then a copy of the notice and order shall be so mailed, addressed to such person, as the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Sen, ice by certified mail in the manner herein provided shall be' effective on the date of the mailing. (d) Proof of service. Proof of service of the notice and order shall be certified to at the time of sen, ice by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date and manner in which sen'ice was made. The declaration, together with any receipt card retumed in acknowled=mnent of receipt by certified mail shall be affixed to the copy of the notice and order retained by the City Manager. 3-15.050 Notices; publication. (a) In addition to posting and sen, ing the notice and order required by Section 3-15.040. the City Manager shall ~ direct the City Clerk to publish such notice ortce in a newspaper of general circulation in the City. lZaih: re nf tho Ci_~? ~!~ n a gor tn direct n.hlieatinn_ ar the City Clerk tn ri.hitch_ ~lieh nntiee in a nevv~naner nf ggneral eire:]latinn in the City ~hall nnt invali0.a.~e any ?rneeeding~ here.nder_ 3-15.060 Recordation of notice of C--ode violation. If compliance is not had with the notice and order within the time specified therein, and no appeal has been properly and timely filed, the City Manager shall file in the office of the county recorder a certificate describing the property and certifying a notice of C-o-de violation in accordance with Article 3-10. 3-15.070 I-Iearlng C}ffieer and Board of Appeals. (a) In order to hear and decide appeals of orders, decisions, or determinations made by the City Manager relative to the application and interpretations of th:is Article, there shall be and is ~ e,~tahli~hed hot__h_ a Flearin~o ('}ffleer and a Board of Appeals~ consisting of the City Engi.~t, Dix ~ctot of Commuzlity tS~:velopnlCZlt and a mct.b~t who i~ qualified by cxpctiuzlCC and tzM.ing to pu~ upon mattct~ pcztal.i.g to .uiau. cc abatumc.t a.d ~ho is not employed by ih~ City. Thc City ~uzzagcz ~hall b= un ~x officio .zcmbct mzd ~hull act a~ ~ct~taty to ~uid Board but ~hull ~v~ no vut~ upon any matt~z b~fut~ th~ Bum& Th~ mcmu~z .ui ~mpzuy~u uy thc ~tty ~naneo: ~nd Pl~nnlng_ Each 8ppoal ~hall ho hoard ~n0 decided hy tho ~~ the CiW Council and ~hall .....nolo utncc at i[~pl~a~' m~. Tho ~iroefq hv ~optod mntinn that the ~pponl qhnll ho heard hv the Board nf Apponlq_ Any netinn Page 4 of 13 Ordinance No. _by tho [loarin~ Offi~o_r ~._,thnri?od nr ron..irod hy thi~ Arti~lo ma}, bo tnEen hv th~ ~n~r~ n~ Ann~l~ with r~ne~t tn nnv ~nn~! that th~ ~n~r~ n~ &nn~l~ i~ n.thnri~ tn ennqidor_ Tho ~onrin~ officer and tho Board shall ~ adopt roles of procedures for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the City Manager. Appeals to tho ~onring Offieor ~ the Board shall be processed in accordance with the provisions contained in Section 3-15.080. Copies of all roles or re~lations adopted by tho ~oarinE ~ffieor and the Board shall be delivered to the Ci~ Manager, who shall make them ~eely accessible to the public. (b) ~ Noithor tho ~oarin~ Offieor nar tho Board of Appeals shall have ~ ~ authohW relative to inte~retation of the adminis~ative provisions of this Code nor shall the ~oarin~ Offioor or tho Board be empowered to waive requirements of this Code. 3-15.080 Appeal of notice and order. (a) Any person entitled to m:.r.e, gei.v.i~ service .ndor ~oetinn ~-1 ~_haO(h) ~f this Article may appeal from any notice and order or any action of the City Manager under this Code by filing with the office of the City Manager a written appeal containing: (1) A street address and a description sufficient for identification of the property and the affected structures thereon. (2) The names of all appellants participating in the appeal. (3) A brief statement setting forth the legal interest of each of the appellants in the structure or the property involved in the notice and order. (4) A brief statement in ordinary and concise language of the specific order of fm:waumfixe action protested, together with any material facts claimed to support the contentions of the appellant. (5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or fm:amrmthte action should be reversed, modified or otherwise set aside. (6) The signatures of all parties named as appellants and their official mailing addresses. (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (h) The appeal shall be filed within thirty days from the date of service of such notice and order or faramrattlxe action of the City Manager; provided, however that if the ci~, 'Managor haq dot_ermined that tho parcel of land or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and if tho natieo and ardor nftho Ci~, Manager so ~, such appeal shall be filed within ten days from the date of the service of the notice and order of the City Manager. Or) (e) As soon as practicable after receiving the written appeal, the Page 5 of 13 Ordinance No. I-loafing Officer ar tho Secretary of the Board of Appeals shall fix a date, time and place for the hearing of the appeal bywhe55~:~xd. Such date shall not be less than five days nor more than 30 days from the date the appeal was filed with the City Manager. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the I-Ioarino~ Officer nr tho Secretary of the Board ~ either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. (-c-) ~ Failure of any person to file an appeal in accordance with the pro~i~io~l~ ~ of this Code shall constitute a waiver of the right to an ad.ministrative hearing and adjudication of the notice and order or any portion thereof. (-d-) {~ Only those matters or issues specifically raised by the appellant and wiithin tho i.ri~dietian aftho I-Ioarino (~ffieor nv Iiaartl nf Annoal~ shall be considered in the hearing of the appeal. (fl Procod-ro; far tho ennrhiet nftho annoaiq hoarino qhnll eamniv with tho r.lo~ adnnted hv tho I-Ioarino Offieor ar tho Raard nf Annoal~ n.r~.ant tn qoctian 1-1 3-15.090 Staying of order under appeal. (-a) Enforcement of any notice and order of the City Manager issued under th:is Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. ~.uI F~vccdutc~ lm thc cvnuuc, vt mc ~ppcms ncatmg ~v 1 &Il tIl~ ~nau cvmp~y ~.ovisivns vftile" .... 1 yy i CUltlOli'"' oF iBc ~Ullllollllx -r Code ~Oltile ...... ~outClllCllt vi ~fildlng~, Chapter 9. 3-15.100 Action by _I-!_oarino~ ('}ffleer ar Raard af Appeals. Brrard:. If the ' g Board of Appeals has upheld the City Manager's determination of nuisance, and proposed abatement, the Board shall order the City Manager to abate the nuisance. The tleci.~ian af tho I-Ioarin~o ~ffieor ar Iiaard of .~l)poala ~hall inri.do a findin~o whether any nttarnoy~~ fooc inrnrrod hy tho [ll~ovailino~ party woro roaaanahly and noeoqaarily lac.trod: ?rnvidod: hnwovor: in ovont ahall an award af attarnoya foo~ tn a prevailing r ! lZp~.acannhlo nttorn_ey~ fooa lac.trod hy tho 3-15. l 10 Abatement work. The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The City Manager and ~ M ommgerZs-authorized ~ opt c~cntatlv cs and contractors may enter upon private property as may be necessary or appropriate in order to abate the nuisance declared to exist upon such property. Prior to commencement of the abatement work by or on behalf of the City, the Page 6 of 13 Ordinance No. property owner may abate the nuisance at iris the nrnnertv awnort~ own expense. 3-15.120 Notice and hearing; report of costs. The City Manager shall keep an accurate account of the abatement costs incurred by the City, including attumry% investigative: administrative: and direct ahatement en~t~ and all nther rea~nnahly re!.n, ted eo~t~; nnd: ~t tho oloetinn nfthe Ci~' ~'l~nngor ~ described holnw: ro~nn~hlo ~ttnrnoy fees. Such account shall indicate, where appropriate ~, the costs a~butable to each separate parcel of land upon which the abatement work is perfo~ed. Following completion of all abatement work, the Ciw Manager shall prepare a final itemized wfi~en report showing the total abatement costs and tho Ci~, ~n~gor ~ shall submit such report for confi~ation by the CiW Council at its next available re~lar meeting a~er the notice period set fo~h herein. At least ten days prior to the date of such meeting, a copy of the report together with a wfiuen notice of the date on which the same shall be considered by the City Council shall be mailed to the persons to whom notice was mailed pursuant to subsection 3-15.040(a) and a copy thereof shall also be posted upon the prope~ involved and at City Hall. ~neh n~tleo nftho date nf hearing O~ ~o ahatomont en~t~ ~y the Ci~, Cra:nell ~hall ind~csto that tho Ci~, qhall eanqo tn m~o tho enqtq nf qnoh ~batomont n !~en against tho nnreol and/or n ~poeinl nqqoqqmont against the pnreol nnd that ~neh nareol may he s0!d hv tho tn~ enlioetnr aner three yonrq far nny .nnaid delinquent nq~o~mont noninqt tho nnreol. Tho Ci~' ~{nnaoor qhnll elect whether nr nnt tn ~oo[-_ ~ ~ nnrt of abatement enqt~_ ronqnnnhlo ~ttnrnov~ fooq inenrrod in nhnt[no tho n.iqnneo_ Rneh nntlee 0f tho date nf he,ring nn Ire 8hntomont enqt~ hy the CiD' Crt.nell ~hnll indlento whether tho Ci~, ~1anaoor intondq tn ~ook roncnnahlo nttnrnov'~ foo~ ~ hart nftho abatement COSTS and ~h~ll indicate that if tho Ci~' ~{nnnoor oloet~ tO seek ro~nn~hlo attnrnov'~ foo~_ tho nrovnilino nnr~, may be entitled tn roimh,r~ome~t of reasonable and necessarily ine-rred nt!nrnoy'~ fees 3-15.130 Protests and objections. At the time fixed for considering the report of costs provided for in Section 3-15.120, the City Council shall hear any objections of the owners of the property to be assessed for the abatement costs. Any person filing any protest or objection who is affected by the proposed charge may file a written report of the objections with the City Clerk at any time prior to the time set for the hearing on the report of costs. Each s'ach objection must contain a description of the property in which the signer thereof is interested and the grounds of the objection. The City Council may modify the report of cr~t easts ifil dccnlud nccc~my deem~ it apprnpriate. The City Council may then, by resolution, confirm the report as submitted or modified. The (~i~? Crt,nell shall make a finding aS tn whether any attnrney'~ fee~ ineL~rred hy the ('i~' and a~eqqed far the abatement en~t~ were rea~nnahiv and necessarily inenr_red_ 3-15.140 Payment of abatement costs. Page 7 of 13 Ordinance No. The City Manager may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report by the City, Council pursuant to Section 3-15.130 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-15.150. 3-15.150 Filing report with County Tax Collector; collection of assessment. After the City Council has confirmed the report of costs to abate the nuisance declared to exist upon a parcel of land, and if such costs have not been paid in full, the City Clerk shall at tho diroetinn nftho Ci~' ~lana~oor oithor (1) eanqo a lion to he charo~od_ _a_~aln~t tho pareol ne (~) transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment, for the municipal purposes, against such parcel. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If' such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and the propor~, may ho qnld aftor throo yoarq hy tho tax enlloetnr far ,,npaid dollnque~t 3-15.160 Taxes paid in error; refunds; claims. The City Council may order refunded all or any part of a tax paid pursuant to the provisions of this Article if the City Council finds that all or any part of the tax has been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March 1 st after the tax became due and payable. The claim shall be verified by the person who paid the tax or his guardian, executor, administrator, personal representative or successor in interest. SECTION 3. Article 3-20 of the Saratoga City Code is hereby amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., - ' ) ar_d text to be deleted is indicated in strikeout font (e.g., ~hik¢uu0. Text in standard font remains unchanged by this ordinance. Article 3-20 EMERGENCY NUISANCE ABATEI¥IENT PROCEDURE 3-20.010 Authority. This Article is adopted pursuant to the provisions of Article 6 (commencing with Section 38771) in Chapter 10, Division 3 of Title 4 of the C_~ali.fo.r~xia Government Code. 3-20.020 Nuisance declared. Page 8 of 13 Ordinance No. Any violation of any uf the pxuvi~iun~ ~ of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any Code adopted by reference by this Code, or in violation of any condition of an any.-' approval, permit or license granted pursuant to this Code, shall constitute and is declared to be a nuisance. This includes, but is not limited to any encroachment upon or obstruction in or to, any public sidewalk, street, alley, lane, court, park, trail or easement, or other public .place. Such nuisance may be abated pursuant to the procedure set forth in this Article. 3-20.030 Alternate procedure. This Article constitutes an alternate procedure to Article 3-15 of this Chapter for abatement of a nuisance and for assessment of the abatement costs against the property on which such nuisance is maintained or from which such nuisance extends. 3-20.040 Abatement by City Manager. If, in the opinion of the City Manager, any nuisance, as defined in Section 3-20.020 constitutes an immediate hazard to the public health, safety or welfare or materially interferes with public travel or passage, the City Manager may abate such nuisance. The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The City Manager and his the=C~ ~ authorized ~p~lt~ttiv~ and contractors may enter upon private property as may be necessary or appropriate in order to perform the abatement work. 3-20.050 Report of costs. The City Manager shall keep an accurate account of the abatement costs incurred by the City, including attorneys' inve~tia~ative: administrative: and direct ahntoment eaqtq and all nther reaqnnahly related en~t~; and; at tho oloetinn nftho ~i~' ~nnngor n~ doqerihod holnw~ reasonable attnrno?~ fees. Such account shall indicate, where appropriate ~, the costs a~butable to each separate parcel of land upon which the abatement work is perfo~ed. Following completion of all abatement work, the Ci~ Manager shall prepare a final itemized wfi~en .repo~ showing the total abatement costs and tho Ci~' ~,1~n~gor ~ shall submit such repo~ to the Ci~ Clerk. The Ci~ Clerk shall thereupon schedule the mauer for hearing by the Ci~ Council at it~ nrxt availabl~ a re~lar meeting a~er the notice period set fo~h in Sections 3-20.060 and 3-20.080 ,aa nnt inter than 4~ dayq nftor tho receipt nttho ropnrt hy the ~. The Ci~- ~lnnngor ~hnll elect whether nv nat tn qoo~; n~ n part nf abatement en~tq_ reasonable nttnrnov q foo~ inenrrod in ahntino tho n.i~nneo_ R.eh nntieo nftho dnto nf hooting O~ t~o nhstomont en~t~ hv tho Ci~, Cn.neil qhnll indicate whether tho Ci~, ~1nnnaor intond~ tn ~ooL- roaqnnnhlo nttnrnov'~ fooq nq nnrt of tho abatement COSTS nnd ~hnll indlento that if tho ~i~, ~nnnaor e!ect~ tn ~oek ron~nnnhlo attnrno?~ foo~: tho prevailing pnr~' may he entitled tn roimh.r~omont nf Page 9 of 13 Ordinance No. 3-20.060 Notices; posting. (a) At the time the ('it-,, Manu~oor h~ submits the report of costs to the City. Clerk, the City' Manager shall also cause notices to be conspicuously posted on the property on which the abated nuisance existed or from which the abated nuisance extended as follows: (1) One notice on each separately owned parcel of property of not over fi~.~ feet frontage; or (2) Not more than two notices on any parcel over fifty feet frontage but less than one hundred feet frontage; or (3) Notices not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet. (b) Such notices shall be posted at least fifteen days prior to the time for heating by the City Council of objections to the proposed assessment. 3-20.070 Notices; form. The notice required by Section 3-20.060 shall be substantially in the following NOTICE OF ABATEMENT OF NUISANCE AND FIXING OF SPECIAL ASSESSMENT NOTICE IS HEREBY GIVEN that the City of Saratoga has caused certain aetinnq to bo_ tak-en at tv bc xcmuvcd from [,peei~: addre,,] a publi~ phac~, dr~c~ib~d u~ which constituted ~ ~ a public nuisance. ' ' ~ ~ itemized walden repo~ showing the costs of such removal is on file in the office of the Ci~ Clerk. Tho Ci~, Man~gor {hnq){ha~ not) elected tn ~ook_ n~ n nnrt nf nhutomont enet~_ ronqnnnhlo nttnrnov~e [oo~ ine.rrod in nhating [~o n.lq~neo_ If tho ~i~ ~nn~gor ha~ elected tn ~ooL- ~neh nttnrnov~ foo~_ tho nrovnilino n~r~, may ho entitled tn qook roimhnrqomont nf renennnhlo nnd necessarily inenrrod nttnrno?~ foe~_ Reference is hereby made to such repo~ for ~her pa~iculars. It is the intention of the Ci~ Council of the Ci~ of Saratoga to make the costs of such removal a ~ special assessment against the prope~ on which said nuisance was maintained or from which said nuisance extended, said assessment to be collected at the same time and Page 10 of 13 Ordinance No. in the same manner as ordinary municipal taxes. Tho nrnnertv mnv ho ~nld nfter throe venr~ hv tho tn~c enlleetnr far nnpnid delinqnent n~e~ment~ The property to be assessed is described as follows: Any property owner objecting to the proposed special assessment is hereby notified to attend a meeting of the City Council of the City of Saratoga to be held on , -1-9211 , commencing at [?eoitled time! --Tpmlz., at the Saratoga City Hall, 13777 Fruitvale Avenue, Saratoga, California, xvhen ~neh prnperty nwnor'q their objections will be heard and given due consideration. Dated this daym,~ '~'l~ d~v of _ 20 City Manager City of Saratoga 3-20.080 Notices; publication and mailing. (a) In addition to posting the notice required by Section 3-20.060, the City Clerk ~ shall publish such notice once in a newspaper of general circulation in the City, and shall mail such notice to each owner of the property described in the notice, as shown by the latest assessment roll available to the City on the date of mailing. Tho f.ailnre nf tho ('i~' C'ierk tn nnhli~h ~neh nntiee in n new~?n?er nf ~enernl eirenlatinn in tho I~itv nr tho f~ih,re nfthe C'itv C'lerk tn qerve any ner~nn rennired herein tn ho served ~h~ll nnt invalidate ~nv nrneeedino~ herennder ~ t~ ~nv n~rl'v drily ~erved t~ relieve ~nv qneh norman frnm ~nv dntv nr nhlioatinn imnn~ed hv tho nrnviqinns nf (b) The notice shall be published and mailed by the City Clerk at least fifteen days prior to the time for hearing by the City Council of the objections to the proposed assessment. (c) The notice published and mailed by the City Clerk shall be substantially in the form set forth in Section 3-20.070, except that such notice shall be signed by the City Clerk. 3-20.090 ' Hearing. At the time stated in the notice set forth in Section 3-20.070 the City Council shall receive and consider the report of costs provided for in Section 3-20.050 and shall hear any objections of the owners of the property to be assessed for the abatement costs. The City Council may modify the report if drrmrd n~c~aty ~ Page 11 of 13 Ordinance No. The hearing may be continued from time to time. 3-20.100 Action by City Council. At the conclusion of the hearing provided for in Section 3-20.090, the City Council shall allow or overrule any objections to the proposed assessment. If no objections have been made at the hearing or the City Council has overruled those made, the City Council shall, by resolution, confirm the report of costs as submitted or modified. '['~e I~itv ('re,nell ~hail mako a findino whothor any attnrnovt~ foo~ ine.rrod hv tho l~'it¥ and a~oq~od for tho ahatomonf en~t~ woro ronqnnahlv and noeoq~arilx.' Jnellrrod: grovirlod; hnwovor: in nn ovont ~hnll an award nf attnrno?q foo~ tn n ?rovailing t[lar~, o~reood tho ama,mt at roa~anahio nttnrnoy'q foo~ ine_~_~_r_red hy tho 3-20.110 Payment of abatement costs. The City Manager may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report by the City -Council pursuant to Section 3-20.100 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-20.120. 3-20.120 Filing report with County Tax Collector; collection of assessment. After the City Council has confirmed the report of costs to abate the nuisance, and if such costs have not been paid in full, the City Clerk shall attho tliroe/inn nftho City ~,1anaoor oithor (1~ ea,~o a lion tn ho eharood a~ain~t tho nareol m:d~ transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment for municipal purposes levied against the property on which the nuisance was maintained or from which said nuisance extended. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and tho prapor~, may ho qt~ld after throo voarq 11~.' tho ta~ enlloctnr far nnpaid dolinq!!en_t_ a~o~mont~. 3-20.130 Taxes' paid in error; refunds; claims. The City Council may order refunded all or any part of a tax paid pursuant to the provisions of this Article if the CiD· Council finds that all or any part of the tax has been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March 1 st after the tax became due and payable. The claim shall be verified by the person who paid the tax or his guardian, executor, administrator, personal representative or successor in interest. Section 4_ Severance Clau.qe. Page 12 of 13 Ordinance No. The City Council declares .that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga xvithin fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 21 st day of February, 2001, and was adopted by the following vote follOwing a second reading on the __ day of ,2001' AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Page 13 of 13 Ordinance No. SARa, TOGA CITY COUNCIL MEETING DATE: March 7, 2001 ORIGINATING DEPT: Public Works PREP.~RED BY: ~ AGENDA ITEM: CITY MANAGER: DEPT HE.M): SUBJECT: Bus Shelter Feasibility RECOMMENDED ACTION(S): Receive report and provide direction to Staff. REPORT SUMM.MIY: Per Council's direction, Staff has researched and compiled cost data pertaining to the feasibility of installing covered bus shelters in the City. The Santa Clara County Valley Transportation Authority (V.T.A.) was contacted in an effort to attain cost data for covered bus shelters with advertising versus covered bus shelters without advertising. Also contacted was Eller Media, the advertising company the V.T.A. has contracted with to provide the shelters. Tolar Shelters, the manufacturer of the shelters used by Eller Media, was contacted, as was Panther Industries, the subcontractor that installs the units. Listed below is a summaD' of the various costs and other factors associated with the procurement, installation and maintenance of a single bus shelter over a one-month period, based on average cost: With Advertising i Per Unit Shelter Cost: *None Installation Cost: None Maintenance Cost: None Maintenance I Responsibility:~ Eller Media Insurance Liability: Eller Media Without $2,700.00 - $800.00- $300.00- City City Advertising $20,000.00 $5,000.00' $400.00 ' *Shelter type dependent u'~on several factors, such as anticipated exposure to pedestrian traffic, proximity to areas of high traffic flow, general City demographics, proximity to major shopping centers, etc. Shelter-type brochure will be distributed to Council prior to the March 7 Council meeting. The V.T.A. presently has a 15-year contract with Eller Media for the installation and maintenance of the Bus Shelters. The local Eller Media Operations Manager indicated the pr.esent contract with the V.T.A. has a provision stating 75% percent of the Shelters installed have advertising and 25% do not have advertising. Eller Media indicated alternatives to advertising in the area of the shelter exist; among these alternatives are the placement of news racks at inconspicuous locations within the City... Eller Media shares the advertising revenue with the Cit-3.', the minimum amount being $50.00 per month per shelter, and will be adjusted upwards with anticipated increases in exposure and traffic volume. Eller Media has offered to attend a future City.. Council meeting to share more detailed information with the City should the Council be interested. It :.s important to note that the bus shelters recently completed at the Kerful Cleaners and the .~'gonaut Center were custom built and are not offered through the V.T.A. pro,am. FISCAL IMPACTS: None. CONSEQI.3ENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION (S): None in addition to the above. FOLLO¥~~ UP ACTION(S): None. ADVERTISING, NOTICING PuND PUBLIC CONTACT: None. ATTACHMENTS: Shelter-type brochure will be distributed to Council prior to the March 7 Council meeting. 2 of 3 SARATOGA CITY COU~'NCIL MEETING DATE: March 7, 2001 ORIGINATIN~~- Manager PREPARED BY-YT~~ AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Consent Calendar Policy RECOMMENDED-ACTION: Accept report and approve the policy. REPORT SUMMARY: At the JanuaD' 17 City Council Meeting staff,,',-.-as directed to develop a policy regarding public comments on items on the "Consent Calendar". Staff returned on February 21 and presented several options of implementing a policy that would comply with the Brown Act and the desires of the City Council. Following discussion staff was directed to amend the language under the heading "Consent Calendar" on the current agenda format (Attachment A) and establish guidelines regarding considerations of items on the Consent Calendar (Attachment B). FISCAL IMPACTS: N'A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Council would not have a policy that addresses the "Consent Calendar" and the manner in which the public is allowed to comment on consent calendar items would be left to the discretion of the Mayor. ALTERNATIVE ACTION: Council would not make any recommendations and the Consent Calendar would stay as is. FOLLOW UP ACTION: .Amend the language on the current agenda format. ADVERTISING, NOTICING .CND PUBLIC CONTACT: N/A ATTACHMENTS: ATTACHMENT A - Amended language on agenda ATTACHMENT B - Policy CONSENT CALENDAR The Consent Calendar contains routine items of business, hems in this section will be acted on in one motion, unless removed by the May'or or a Council member. A~Lv member of the public may speak to an item on the Consent Calendar at this time, or request the Ma),,or remove an item fi'om the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. ATTACHMENT A CONSENT CALENT)AR POLICY II. PURPOSE AND FINDINGS 1. To establish guidelines regarding considerations of items on the Consent Calendar. The City Council hereby finds and declares that it shall be the policy of the City that the Consent Calendar items are considered to be of routine and typically non-controversial in nature. These items so listed shall be approved, adopted, accepted, etc. by one motion. o The City Council wishes to ensure that members of the Council, the public, and City staff have the opportunity to remove from the consent calendar any item that, in the view of the person requesting removal, merits discussion among the members of the Council or comment from the public or staff. CITY CONSENT CALENDAR POLICY 1. Consent Calendar items may be removed for discussion at the request of a Councilmember or staff. A removed consent calendar said item will be considered after the City Council acts upon the remainder of the Consent Calendar. o Prior to consideration of the Consent Calendar, members of the public attending the meeting shall be given an opportunity to request that one or more items be removed from the consent calendar. Those items shall be so removed. Items removed from the Consent Calendar at the request of a member of the public will be considered after the City Council acts upon the remainder of the Consent Calendar. Members of the public shall be provided with an opportunity to comment upon any item removed from the Consent Calendar at the time that the item is considered by the City Council. ATTACHMENT B City Policy Adopted 3/07/01 SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 AGENDA ITEM: ({r) ORIGINATING DEPT: administrative Services CITY MANAGER: .~-~~--~--~ SUBJECT: Interim Libra~' Facili~- for Saratoga Communi~- Libra~: RECOMMENDED ACTIONS: 1. Authorize staff to proceed with leasing approximately 6,800 square feet of modular units to function as the Saratoga Community Library interim facility during the time that the existing Saratoga Community Library building is being renovated and expanded. 2. Discuss and provide direction to staff regarding the location of the modular units for the interim library. 3. Consider lease agreement with Sacred Heart Church for hosting interim library facility. REPORT SUMMARY: The renovation and expansion of the existing Saratoga Community Library is expected to take approximately eighteen months. During that time, the City needs to either arrange for suitable temporary quarters for libraD- operations or discontinue operations altogether. For the past several months, the project team has been working on this issue, and has narrowed the options down to a few viable alternatives. It is recommended that libra~' operations be set up in modular units totaling approximately 6.800 square feet, preferably at an off-site location, although locating modular units in the parking lot of the existing library building is a possibility. Requirements for an bTterim £ibrary Initially, an interim library of approximately half the size of the current building was discussed. After reviewing the sen'ices that are provided in other small libraries and the services that could be provided in Saratoga, the County LibraD' staff recommended approximately 6,800 square feet to provide a minimum level of library sen'ices. SafeB' is a major consideration due to the presence of young children and adolescents. Hopefully, the interim facility would be conveniently located, and parking for forty to fifty patrons and staff would be required. Cost is always a factor. The County Librarian, the architect and the project management firm have written a Report on Interim Library Facility for Saratoga (attached) defining the programmatic sen'ices that they recommend for the interim library. Alternatives The project team investigated manv alternatives. pursued: Summarized below are the options that were _Option 1. Keep the existing libra~j building open during construction to function as the interim libraD:. This option will cause significant disruption to both library operations and construction operations. The project management team estimated that the cost of keeping a portion of the existing library open during construction 'would be at least twice as expensive as operating a temporaw libraw off-site because of construction delays and work-arounds. This alternative would also present significant inconvenience and safety issues to library patrons and employees d-ae to the close proximity of heaxT equipment, noise, dust. This alternative is not recommended. Option 2. Stop library operations entirely during the eiehteen-month construction period. Certain limited library pro,ams could possibly be continued~t other locations. A "bookmobile" or two could be provided, but materials offered in a bookmobile are extremely limited and the units are quite expensive to purchase at more than $100,000 each. Residents x~'ould be required to use nearby libraries, although the Cupertino, Santa Clara and West Valley Libraries will also be.' under construction at the same time. Many residents of Saratoga that use the libraD, sen'ices would find this option undesirable. Ovtion 3. House the interim library in an existing commercial building. For the past several months, staff has been looking for reasonably priced commercial space, and none has been found. The cost for commercial space in or near Saratoga that would be an~:here near sufficient to meet the libraw's needs is about $5 per square foot, about $35,000 per n~onth, or $630,000 for eighteen months. For cost reasons, this option is not veD, attractive. __Ql?tion 4. House the interim libras3.' in leased modular units to provide a minimal level of service. This appears to be the best alternative, considering cost and sen, ice to residents. Leased modular units could be installed in a block to create one large building without interior walls. Tke architect drafted a floorplan of a 6,800 square foot modular library facility, which is attached to the Report on Interim Libra~.: Facility. Parking would have to be provided at whichever site the City selected. Safety concerns would be addressed by fencing off the interim library from neighboring activities and providing separate driveways for the facility. To the extent possible, arrangements would be made for many sen:ices to be provided at other facilities in Saratoga, such as offering children's stowtime at the Warner Hutton House and an after-school study program at the nearby schools. The CiB"s project management firm estimated that the costs associated with leasing, preparing and installing the modular units would be about approximately $3:50,000 for 7,000 square feet of module space. If an interim library is to be housed in modular units, the location of the facility is an important decision. The location must be at least one acre in size to accommodate the modular units and parking, and must be convenient and safe. Staff investigated a number of options, and the three alternatives that proved to be the most feasible are the parking lot of the existing Library building, the Serbian Eastern Orthodox Church. or the Sacred Heart Catholic Church. 2 Option 4(a). Saratoga Community Library. Allocating one acre of land for the interim library on the site of the existing library would be possible but very difficult, because it would limit the maneuverabili~- of heax3' construction equipment. Option 4(b). Serbian Eastern Orthodox Church. The parking lot at the back of the Church's property was offered to the CiB' as a possible site. The space is extremely close to a few residences which caused some concern. Additionally, the interim libraD' would significantly increase traffic in this predominately residential neighborhood. Option 4(c). Sacred Heart Catholic Church. The parking lot in the southeast comer of the Church's parking was offered as a possible site, adjacent to the Heritage Orchard. This is the location which staff recommends since it is veD' close to the existing libraD', yet separate from it. At the joint meeting between the Ci~: Council and the Libra_r3: Expansion Committee on Thursday, March 1, the City Council gave the City Manager direction to pursue negotiating a lease with the Sacred Heart Church. Issues The issues which the CiB' Council may wish to consider are: 1. Whether to maintain an interim faciliB' during the eighteen-month construction period. 2. If library operations are to continue, the size and scope of the interim facili~' and interim program. 3. The form and location of an interim facility. 4. Possible lease agreement with Sacred Heart Church. FISCAL IMPACTS: $450,000 has been included in the current librat3' project budget for interim facility. This includes leasing the site and the modules, site preparation, utility hookups, and installing the modules. The City's project management firm estimated that the costs associated with leasing, preparing and installing the modules would be about $350,000 for 7,000 square feet of module space. This allows about $100.000 for the land lease in the temporaD' quarters budget. The overall project budget is estimated at $14,401,580 at this time. The City Council directed the project team to maintain the project budget at $14.5 million, so there is room in the project budget to allow for slightly increased land lease or modular unit costs. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: If an interim faciliB' is not established during the construction period, virtually no library sen, ices will be made available to Saratoga residents for one and one-half years. Further delay in determining the size and location of an interim facility could prevent the facility from being ready by the required time this summer, since a three to four month lead time is needed to reserve the modular units. ALTERNATIVE ACTIONS: Discussed above. FOLLOW UP ACTIONS: If the City Council decides to house the interim library at a location other than the current library site, staff should negotiate and execute a lease for a site. If the City Council decides to house th~ interim library in modular units, regardless of location, the projec~ team will immediately .beein the process of leasing the modular units. ' ~ ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Proposed Timeline for the Interim LibraD- FaciliD; Report on an Interim LibraD' Facility for Saratoga Proposed Floorplan (included in the Report on an Interim Library Facility) Lease Agreement with Sacred Heart Church (to be distributed at the Citv'~ouncil meeting pending outcome of the closed session decision regarding this topic) 4 SARATOGA COMMUNITY LIBRARY INTERIM LIBRARY FACILITY TIMELINE (Assuming modular units at an off-site location) .2001 March 7 March 15 July 1 July 1 - 10 July 11 July 11 - 27 July 27 July 27-August 24 August, 2001 - November, 2002 2002 November December 2003 Jahua~- Februa~' 28 City Council directs staff on size and location of temporary facility Modular units ordered. Site lease begins. Site preparation work. Modular units delivered. Install the modular units. Close the Saratoga Communi~- kibraD- building to begin construction. Set-up interior of temporaD? facility and move libraD, books. No libraD' sen'ices will be offered during this time. Renovation and expansion project under construction. Renovation and expansion of Saratoga Community LibraD- completed. Move into new Saratoga Community LibraD, building. Grand opening. Disassemble modular units. Discontinue site lease. Continuing the lease until the end of FebruaD- allows for a time contingency. SANTA CLARA C'O-U-N 'T-Y LIBRARy REPORT ON AN INTERIM LIBRARY FACILITY FoR SARATOGA February 23, 2.001 Architects Planners 104,5 Sansome 9met ~an Francisco, Calif. Phone: 415 788 6606 REPORT ON AN' INTEREM LIBRARY FACILITY FOR SA1LATOGA February 23,2001 To Saratoga Library.' Building Committee From Susan Fuller, Count-3.- Librarian Mark Schatz, Field Paoli Matt Tierney, Gilbane Saratoga Library., will be under construction for approximately eighteen months. It is our judgment that a minimum level of library service should be provided to the users of the Saratoga Library.- during that interim period. The communin, bond vote of nearly eighLy percent was an endorsement of libran' sen'ice. We want to honor that trust. It is important to maintain convenient, barrier-free service especially for individuals with sPecial needs or transportation difficulties. Staff with knowledge of the community and experience serving Saratoga patrons can offer sen'ice continuity during a time of confusion and disruption. Neighboring libraries including the Santa Clara CiD, Library, West Valley, Calabazas Branches (San Jose) and Cupertino LibraD, will be under cor~struction during this time frame. Service in those cities will be minimized and parking and traffic will be especially constrained. After looking at other alternatives we have concluded that portable building modules are the most efficient and economical way to provide temporary service. ;Z./ From Map~ues Loom I.n¢..; .~ 2¢_0..0 ._Naviqatb n. Tech nO bq ~s_ .* ::~ ® SARATOGA LIBRARY AND STATUS OF SURROUNDING LIBRARIES Saratoga Library Cupertino Library Calabazas Library .West Valley Library Campbell Library Santa Clara City Library Los Gatos Library Library site construction during same period Closing 2001-02 for several weeks for interior remodel Library site construction during same period Open Closed.in temporary quarters throughout Saratoga project) Open Large library Medium-sized library Small library GOALS OF THE INTERIM PLAN The following concerns were considered as the plan was developed. 1. Provide basic library, service in a space that is as efficient as possible. 2. Ensure the safety of both patrons and staff. 3. Protect the library site and the orchard from any long-term damage. 4. Provide alternate locations where possible for activities that can be relocated. 5. Develop a solution that stays within the budget and does not impact the program. 6. Craft a program that supports the needs of-the construction contractor. RECOMMENDATIONS: I. TEMPORARY BUILDING AND SITE ~-~ter assessing the site plan and our proposed program, we now propose a reduction in the recommended size of the temporary facility. A 6800 square foot temporary portable would be approximately the same size as the Alum Rock Library, a library, that is much less busy than Saratoga. This portable is a reduction on the size and number of trailers originally/ recommended. We believe that good basic service can be provided in this space. The attached plan emphasizes information deliver- with a basic collection and a limited number of computers. The collection focuses on the most popular sen'ices and information resources that are in constant demand. Staff and public safet~- were emphasized in creating the plan. Some seating is provided but is very limited. Process and technoloD, that can help people use the facility quicldv will be provided. For example, the libra~' will have self check out machines that will accommodate all ~'pes of library materials including videos and other media. Ac'knowledging the potential for conflicts with the construction site, we have proposed separate entrances for construction traffic and for patrons. A plan to separate these functions has been developed providing protection for the public while minimizing impact on the construction process. The protection of healthy trees was another essential consideration. We also feel that it is important to provide fencing to protect the construction site and any trees that are at risk. Fencing is also recommended to reduce the possibility of people wandering in the orchard or onto the construction site. In order to avoid potential conflict, we propose the closure of the library on days of high impact construction such as the days when concrete is poured. The project manager will noti~, the library when such days are anticipated and signs will be posted as far in advance as possible. The Architect and the Construction Manager anticipate a limited number of these days. II. OFF SITE SERVICES We propose to work closely with other organizations in the communit3.' to locate library programs offsite. We can take advantage of these opportunities to promote library service to people who may not have used them in the past. Electronic services can provide patrons with good service off site. The Libran? will' promote electronic services in the library: Patrons can make reserves, check their l'ibran' record, ask reference questions and ask for advice about books to read on line. The Library will continue working with the neighboring schools and will tD' to offer studv halls open to students. Librarian Dolly Barnes and Saratoga Union School District Superintendent Mary. Gardener have discussed using the nee,' library facility at Redwood School for a study center. Library teen volunteers could supplement basic supervision provided by the schools. This option would provide a place for students to do school work, as the interim space will not have sufficient seating to meet their needs. The Library is considering any actions that could reduce crowding on the temporary site and will relocate any. other library programs such as story time if possible. Librarian Dolly Barnes and Warner Hutton Supervisor Joan Pisani have agreed to use the Warner Hutton House for story times. They are also exploring the idea of locating other programs for children and teenagers at the ~7arner Hutton House. III. PUBLICITY Information for the public is crucial and the Library, the Architect and the Contractor will provide-~regular information to the public ~about the progress of the project. In particular We wilt seek the public's help in working with inconveniences and safety issues. We plan to send regular communication through school and city- publications regarding the library. In order to ensure smooth operations Library staff' will meet regularly with the staff of neighboring schools to solve any difficulties that arise. IN CONCLUSION We believe these recommendations ',,,'ill allow the Library. to continue to provide necessary and popular services tO the community with the least amount of disruption and incon,,;enience. Saratoga Community Library Plan of Service August 2001 - January 2003 Sen'ices to be offered at Interim Facility. 1. Adult Books and Media for Checkout 45,000 items (46% of current) selection of most popular items Fiction, Nonfiction Paperbacks - New Books Large Type Languages Media: Video, Audio o Children's Books and Media for Checkout 35,000 items (51% of current) selection of most popular items Picture Books Beginning to Read Fiction, Nonfiction Paperbacks Media: Video, Audio 5. Adult and Children's Magazines for Checkout Circulation Services Checkout Desk with personal assistance Automated Checkout Machine (updated, full service) Pickup of Reserves delivered from other County. Librau' locations Reference Unified Reference Desk Serving Adults and Children Information Service Readers Adviso~ Service One-on-one training with online catalog Assistance in securing materials from other locations o Computer Access 17 Public Access Computers, including 1 ADA station (65% of current) Catalog for Santa Clara County. Materials Collection Newspapers and Magazines Online Indexes Full text periodicals Databases Library. Subscription Biography, Poetry, Science Access, Investments, Literature, Health Internet Access Limited stations, strict time limits Bookmarks to great sites for Children, Teens, and Subject ,~eas Seating. Seating for 40 (48% of current) All seatin a~udy tables; no loun Communit3? Services Scaled down displays for distribution of bus schedules, community events fliers, tax forms, adult education class schedules, voter registration, civic me~ting announcements and minutes, etc. Sen'ices Not Available at Interim Facility 1. Story times 2. Children's Programs 3. Community Room 4. CD Rom computer station for children 5. Juvenile and Teen Volunteer Program SenSces Provided Elsewhere in Commun!ty 1. Morning and evening story, times for young children to be presented at Warner Hutton House 2. Public librarian visits to local schools to be expanded 3. Feasibility of study hall at Redwood School being considered 4. Friends of the Library monthly programs to be presented at Emmanuel Lutheran Church 5. Programs such as book discussions or armchair travel adventures for Seniors, teens, and others to be provided in cooperation with Saratoga Community Center Remote Services Online services Web access to catalog lookup and reserves ~/eb access to borrower account: holds status, renewals Subscription periodicals and database access with library, card number E-mail reference, readers advisor)., 2. Telephone/fax services Reference/information service Reserves Automated telephone renewals and access to borrower account Space Allocation at Interim Facility Please see attached floor plan of current Alum Rock facility. The proposed interim facility, is of similar size and while configuration may vary. somewhat, the basic components will be quite similar. Public Space 1. Entry SecuriD' gate Table/display for giveaways Square Feet 24 30 Circulation Desk Area Current desk to be installed Self-check machine 400 45 3. Copier (2) 4. Reference 3 stations; Adult and Juvenile combined Dictionao:/Atlas stands (1 each) 60 210 60 Shelving 175 sections of Adult shelving 83 sections 0f Juvenile shelving New periodicals and newspapers Space for 20 book trucks 1838 872 108 180 6. Seventeen Public Access Computers 467 Seating One adult size 4-place table, fourteen 1-place tables Five small 4-place tables, two 1-place tables 680 460 o Restrooms Public and staff to share Subtotal of Public Space: 25O 5684 StaffSpace 9. Staff break room; includes lockers ! O. Closets Janitor Closet includes some supply storage Electrical Closet includes computer hardware and phone 11. Staff workroom--for all staff; includes supply storage, mail center, safe~, center, fax, shipment area, return bins, etc. 200 60 60 800 12. Communiw Library Supervisor's Office Used by other managers for occasions requiring privacy 120 Subtotal of Staff Space: 1240 Assigned Total Area: 6,924 Non-assigned space 8.4% 636 Total Building Area: 7,560 Special SafeD, Precautions for Children Library staff met with MaD' Gardner, Superintendent of Saratoga Union School District to discuss the critical issue of child safety at an interim facility next to the construction site. The primary focus is to avoid having unsupervised children and young teens near the construction site, with a particular concern for after school hours. The following areas were identified for cooperative efforts. · Consideration ofa 3-SPM "study hall" service at the new Redwood Middle School Library: One adult employee could provide proper supervision with the assistance of capable teen volunteers. Funding for that position will be identified. The Communits' LibraD' is ready to loan a reference collection to augment school resources. · Notification of Redwood Middle School families: Parents will be notified this spring of the impending situation for next school year. Particular attention will be paid to informing the incoming sixth grade Redwood families. Previously scheduled meetings for current fifth grade families will afford an opportunity to share this information · Increased librarian visits to schools: Children's Room staff attempt to visit most schools each year. During the interim period, visits to K-6 schools classrooms as well as the Middle School will be increased to replace field trips to the libraD, Next steps will include · Library,' staff follow-up with Mrs. Gardner, Redwood Principal Christopher Farmer and Redwood Librarian Mary Thomas to work out the details of the "Study Hall" concept. · Consideration of procedures to follow which will discourage unsafe situations at the interim facility. For example, each time children under 13 are found to be playing in driveways or near the construction fence, parents and/or school would be contacted. · Preparation of an information sheet for current and incoming Redwood families. · Contact with other schools in walking distance, St. Andrews and Sacred Heart. Square Feet Collection Circulation Circ./capita Door count Public computers Seating: 4-place 1 -place 2 -place Meeting room Current Alum Rock Library 6,800 86.000 260,269 10.54 144,795 17 (Incl. ADA) 52 9 12 2 None Current Saratoga Library 18,00O 180,000 1o,3o8 24.04 351.200 27 (Incl. ADA) 84 (had 96 in 1991) 1,200 square feet SARATOGA COMMUNITY LIBRARY 13650 Saratoga Avenue Saratoga, California 95070-5099 (408) 867-6127 · (408) 867-9806 FAX January 2001 Member. Santa Clara County Library. District Dear Parents, We write to you out of concern for your children. The Saratoga Community Library staff sincerely welcomes all library users, and feels a particular mission to introduce youngsters to reading and reference service. However, our facility is not well suited as a kid hangout spot. Some recent episodes ofconcem: · Children climbing on the light poles and the roof · Graffiti gouged into a solid wood door · An l l-year old being treated by paramedics after playing on the library's front sidewalk · A girl not picked up until 6:20 on a day the library closed at 6 PM · A smaller stature boy afraid to come inside the library because he was chased by others · Two middle school children talked to by the Sheriffafier a woman reported having golf balls thrown at her moving car. When we have approached parents, they usually say, "My child studies at the library." Please be aware that the library only has 39 study table seats and 12 lounge chairs. These are nearly fully occupied many of our open hours, so when large crowds of children arrive at 3:15 or earlier, only th~-first fewfind seats. . - . Our recommendations? · Please do not send your children to the library unaccompanied da)' after da),. These "regulars" become bored more quickly and are more likely to find trouble. · Please do not leave your children for extended periods after school. Minimum day Wednesdays can be especially long and troublesome · Your youngsters need to understand that the library is a public place. They should keep their possessions with them, beware of strangers, and know contact numbers for parental help. · Recognize that disruptive behavior will result in your child being asked to leave. · Remember that children--like us parents--worry when family members are late. Please pick up your youngsters at the time you have promised. · Please come to the library with your children! We are open weekends and Monday through Thursday evenings, as well as during afterschool hours. You will find books, magazines, videos and reference help for your own interests as well as your children's. Thank you very much for working with us to keep children safe in our community. Very sincerely, And all the Staffat the Saratoga Community Library Santa Chtra CounO, Worao' operates under a Joint Pou~rs authonO. . and sends the commumltes of Alum Rock · Campbell · CulXnqino Gilro. l' · Los Altos · LOS tlllos Hills · Milpila~ · ,~lonte 5ereno · Morgan Hill · Saratoga · and the unincorporated areas of the CounO: REDWOOD MIDDLE S~OOL 13~25 Fruitvale Avenue, Saeatoga (408) 867-3042 Febnmry 1. 2001 A Message from the Principal Dear Parents. On thc following page you will find a letter from thc City Librarian. A substantial number of students use the Library afr,'r school. Most of them use the facilities appropriately. However, a minority do not conduct themselves in a way which respects the purpose of the Library. Furthermore, some hang out there apparently w~ung to be picked up by their families: some as late as 5.00 pm. The LibraO, is not a child care facility. I would ask the families of students who use thc Library and its precincts to consider whether it is appropriate for the students to visit the Library every, day. or to hang out there on a social basis for a con.siderablc amount of time after school. Until they reach home students remain within the jurisdiction of the school. Students have been informed that if they choose to behave inappropriately in the Library they will be answerable to Redwood for their choices. Redwood is blessed with exceptionally talented and likeable students. However. like all young people of their age. they arc still discovenng who they arc and how they relate to others. There is concern at thc moment about thc unusually high frequency with which we are finding groups of students teasing or putting down other individual students in a very negative way. When teasing is done with affection. and we laugh with not at the subject of thc tea<ing, we can feel good. But when its purpose is apparently to create discomfort for another person its effect is entirely negative. The Redwood staff believe that all om' students ~e entitled to come to school knowing that will be in an emotionally secure environment. They are entitled to that security as a member of the school. We also know that if a student is emotionally distressed the learning pan of thc brain is edged out by the primordial element, which takes control when wc are afraid. If you hear yom' student talking about teasing of an unhealthy or unwholesome nature, I hope that you will reinforce the message which we give to all students at the start of each year that there is a line beyond which teasing becom~ unlawful hara~smcnc On thc positive side there is much to be pleased about. Thc Mayor of Saratoga joined members of the Board, staff, parents, students and administrators m the formal opening of the new facilities on a recent sunny Saturday morning. Our musicians are performing at a very high level. Our athletes a~ having successful seasons; and. as of the grading period which has just finished, there our fewer students about whom we have concerns. Christopher Farmer Principal Calendar Highlights' ?:30 aa~ - Rm. ~'~ Feb. ~ l~t ~ Feb. g ;tudantCouncfl~Maeting Feb. ? Newslm~er Articlm; 1~- -' Feb. $ gtudmlt o~t}~ Mont~ ~- .... ?:30 ~m. - Rm. 33 Feb. 13 PtA, Feb. 16 IL~S F~. 19 - 23 Feb. 26 For more tnfformatio~, p~aM Me 'd~ attacl~ed Did You Know ? After School Sports has a hoc line for up-to- the-minute sports information. . Call: 867-3042 Ext. 316 .., -0 0 -0 / ) ~ ©0 ~ .~: C~-· U U 0_0 000 -~,~ 0 0 0. 0 - 0-o,~0o ~ 0 SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: ~,o~L ~~ CITY MANAGER: ~~~----~~ DEPT SUBJECT: Underground Utility Districts (Electric Rule 20) - Informational Report RECOMMENDED ACTION: Receive Report. REPORT SUMMARY: Electric Rule 20 - Current Status Each year, PG&E sets aside approximately $150,000 for the Ci~' to underground overhead utility lines under the Electric Rule 20 underground conversion program, which was established in 1968 by the PUC. Currently, this allocation is determined by a formula adopted by the PUC in a decision issued in 1990, and which is based 50% on the total number of electric service meters in the City, and 50% on the total number of electric sen'ice meters in the City sen'ed by overhead facilities. The funds are administered on the City's behalf by PG&E meaning they never actually flow to the City. Likewise, the City incurs no direct costs to perform underground conversion projects. On average, an underground conversion project can cost Sl million dollars a mile. As of August 22, 2000, the City's Electric Rule 20 allocation balance was $1,267,720 (see attachment 1, Letter from PG&E). Approximately 5645,000 of this amount has been allocated to Underground Utility District 8 (UUD#8, Saratoga Avenue between Fruiwale Avenue and Barone Court) leaving an unallocated balance of $622,720. In addition, the City holds a S300,000 security in connection with the .~-gonaut Project and a $100,000 security in connection with the Azule Project, which can be used towards utility underground conversions along Saratoga-Sunn3-~.ale Road. Unfortunately, PG&E has recently ceased all participation in Electric Rule 20 conversion projects, including both private and public, in response to the current energy crises (see attachment 2, San Jose Mercury News article). It is unknoxxm when or ifPG&E will resume the Electric Rule 20 program or whether allocation balances have survived PG&E's current financial situation. Electric Rule 20 - Process The process for developing an underground conversion project can move forward under one of three Electric Rule 20 Sections: Section A: Public Interest Conversions, Section B: Neighborhood Conversions, and Section C: Other Conversions. The City. develops its trader~ound conversion projects under Electric Rule 20A (see attachment 3, summary process under each Electric Rule 20 Section). Electric Rule 20 - Saratoea Undereround Conversion Projects S:.nce the program's inception the City has completed seven conversion projects in various locations. Additionally, the City has established an eighth district and a list of possible locations for furore districts. These locations are as follows: Completed Underground UtiliB' Districts: · U%.:D#1 (1968): · UUD#2 (1968): · UUT)#3 (1969): · UUD#4 (1971): · UUD#5 (1978): · UUD#6 (1988): · UUD#7 (1989): Allendale Avenue fi:om Fmitvale Avenue to Portos Drive and East side of Fmitvale Avenue bep, veen Saratoga Avenue and San Marcos Road. Verde Vista Lane fi.om Saratoga-Sunnyvale Road to 1400 feet West and Verde Vista Lane between Verde Vista Court and Tract 4253. Civic Cemer property and Redwood School property. Big Basin Way between Fifth Street and Blaney Plaza. East and West side of Saratoga-Stmnyvale Road between Saratoga Avenue and Reid Lane. Big Basin Way/State Route 9 betxveen Fifth Street and Hakone Gardens. Oak Street between Saratoga-Los Gatos Road and Komina Avenue and Saratoga-Los Gatos Road betxveen Oak Place and Big Basin Wax,. Established Underground Utility Districts: · UXJD#8 (1998): Saratoga Avenue be~:een Fruip:ale Avenue and Barone Court. Possible Locations of Furore Underground UtiliB, Districts: · Saratoga~Sunn~,ale Road from Brookwood Lane to Cox Avenue. · Saratoga Avenue fi.om Saratoga-Sunnyvale Road northeasterly. · Saratoga Avenue from Barone Court southwesterly. · Oak Street continuing from UUD#7 to Sixth Street. · Quito road fi.om Lawrence Expressway to Sobey Road. · Varous hillside roads (Bohlman, Kittfidge, Norton, etc.) along which overhead wires are subject to outages during storm events. FISCAL IMPACTS: None directly. 2 of 3 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Continue to inquire and monitor the status of the Electric Rule 20 underground conversion program. ADVERTISING, NOTICING ANI) PUBLIC CONTACT: None additional. ATTACHMENTS: 1. August 22, 2000, letter form PG&E. 2. San Jose Mercury News .Article. 3. SummaD' Process on Developing an Underground Conversion Project. 3 of 3 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIYE ACTION(S): N/A FOLLOW UP ACTION(S): Continue to inquire and monitor the status of the Electric Rule 20 under~ound conversion pro.am. ADYERTISING, NOTICING AaND PUBLIC CONTACT: Ncne additional. ATTACHMENTS: 1. August 22, 2000, letter form PG&E. 2. San Jose Mercury News Article. 3. Summary Process on Developing an Under~ound Conversion Project. 3 of 3 Pacific Gas and Electric Company August 22, 2000 ATTACHMENT 1 I0900 Nodh B!aney Avenue Cupertino CA 95014 '~-800/743-5000 Bill Norton City Manager, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: 2000 Rule 20A Allocation Dear Mr. Norton: Th~ 2000 alloCation, pe~"Eiectric Rule 20A, and annual summary of allocation balances- for the City of Saratoga is described below. The total amount allocated in 2000 is $63,246,270. The City of Saratoga allocation for 2000 is $152,696. The following is a summary of your current Rule 20A accounting: Allocation balance, year-end 1999 Plus 2000 Allocation Less committed project funds New allocation balance $1,115,024 $ 152,696 $ N/A $1,267,720 The new allocation balance should be used in planning your future undergrounding projects. This value does not include undergrounding projects having resolutions passed, which are not under construction. We recommend that you routinely review your balance of available funds to ensure that those funds-are committed to active projects in the reasonably near future; otherwise a future reallocation, as provided for in Rule 20A, could result in the forfeiture of those uncommitted-funds. For a conversion project under construction, our estimated cost was utilized in calculating "committed project funds." Projects started on or after January 1, 1982, are adjusted for actual cost upon completion in accordance with CPUC Decision 83-02-065. If you have any questions regarding this notification, please call me at (408) 463-7614. Supervisor of Project Management Area 3 ATTACHMENT 2 BEFORE' , on a project near his home last month and.has no plans to flnlsn n- '._'.. -Utilities say th. ey'-i'.: can, t pay fOr work. AFTER ney they no longer can pay for the reauired by. law. A snokenwomnn for Pneifie Cmn & 24A CALIFORNTA'S EN.ERGY CRISIS halt Programs . that hide cables underground Co. ntinued from Page IA Electric SzJd the company wi]] re-evaluate the · ~ituation in six months;'S~uthern California Ed- ison has no timetable to resume such projects, called undergrounding. San Diego Gas & glec- tric is considering dropping its prograw- · .But advocates say removing overhead electric .w~es subtly adds to the quality of life in Caldor- ma ~d eliminates the risk of lines sparking fires in vumerable areas ~ the Oakland hills. : '~It would be a shame i~ as part of the energy Ca 'omia loses programs ~whieh have as their m~in aim beautification of ~ b-~u-r, a noted historian. But it's a very understandable byproduct of the crisis. When you have the present dysfunction, More than electricity is going to be at risk." PG&E 8po~oman Staei Hon~ig F~id the ~%~ that cities are disappointed, this is .the only responsible thing to do at this time. We intend to resume the projects as soon as we are finane~ able." Last month, the utilities notified the state Public Utilities Commission of their decisio~ The PUC has not officially approved the move, but the agency is not expected to force the utili- ties to resume undergrounding during the cri- siS. PG&E's 4.5 million custoh~ers pay an 'of $10.02 a year for undergrounding; Edison s customers pay $5.65. The utilities say they will continue to bill customers -~ up to 83 cents a month -- because they are owed mon~ for ..work. they've already performed. The fee is not listed separately on the monthly bill. Statewide, only about 3,000 of 170,000 miles of overhead lines have been converted. It's taken three decades to accomplish because burying the lines costs a whopping $1 million a mile. The cost is spread out over the entire ratepayer base. Property owners and cities contribute to un- unding by paying for new streetlights and duit, cable and meter panel linking the onneetion to homes and businesses. , Ho ,mr~,s~_.'d.that since the undergrounding projecm ao little to enhance safety and reliabill- ~ we need to focus on other ooerations that do" SUSANNA FROHMAN-- A project that buried power lines alon9 [:velyn Avenue in Mountain ~/iew, seen here from a perle bridDe, also helped eliminate fire risks from cables that touch each other in storm~ Public safety concerns .. But state Assemblywoman Dion Aroner, D- Oakland,--said undergrounding is essential for · ptii~lie/afety because it helps weve~_.t, devastat- · ing'fu~s caused by. overhead lines. City ofliciah around the state also contend that burying wires makes it easier w trim trees and fight fires ca~d by any soUr~ Ad it m~? n ' .eig~.r- t/hods safer ~beeause'-cities can put up su~er~-- 'lights wh'emye, r they are needecl, rather than pla _chigthem only on utility poles. "It's not just aesthetics," said Tim Trimbur, Coordinator-of San Prancisco's program and a member of the League of California Cities' un- dergrounding subcommittee. PC~E does not report how many fi~e.s are caused by. electric lines slapping together or flue California Department of Forestr~ repons 'that electric power caused 4 percent of the 6,621 fires in the past five year& - . In the Oakland hilis; an arcing PC, aR line touched off a fire on Asilomar Drive in 1995, de- stroying three homes. Last fall near Alum ~ Park,-two PC~E power lines crossed and ignited vegetation during a windstorn~ One home was dmgecL and several others near the park were "We're in an urban forestland, and we get Sanlla Aha winds in the fall and we live in abso- iut~'terrer," saidOakland City Councilman Dick Specs, adding that residents are haunted by the ~l firestorm tha~ destroyed more than ~,000 homes and killed 15 people. ~rs could not determine the cause. Worried about fir~ Oakland hills homeown- dergrounding project going m ~.ne .~m~,. ru,oou, only to see it come ~o a grmc~ng na~ when PC~E stopped work earlier this mo _nth.., ~B~eai~i and many of his ~-5 neighbors ~ have p.aul a eonueetion fee of $2,000 and begun mamng ._~eayrnents on a$4,000 charge for new stree~ to replace those on utility poles.. . 'ye hit roadblocks before, but this ~ possi- bly.the most major because ~.u ~ don t.~, ow when PG&E willcome out of this, Brett sma, Cities also delay plans Campbell ~ Mountel- View are among oth- er communities that mus~ abandon or d.e. laypro- iects. Mountain V'~ew had planned to wi~n ~.~e- lynAvenue betw~n Stevens Creek and Pioneer. Way, and at the' .ss~. time b~u~,,,~~ be able to move the overhead utility lines to edge.of the newty widened street, otherwise mo- torists will have to put up with the current ilotc tleneclc " ' "The contractor started two weeks ago, and then this happened," said Bob Kagiama, the cites public works director. MOSt of the 21 cities in California that provide their own electricity, inclualng Palo Alto, will continue their underground conversion, said Jerry Jordan, head of the California Municipal Utilities Association_ Undergrounding belin in 1968: wla_ en C~0a~fnO~; nia'became one of the first states m the nation embrace the notion. The state also prohibited state's most ~ spots, from the Golden Gate Brid~e and Ocean Beach in San Francisco to the Silver Strand on Coronado Island. ' Undergmunding al~o. ~ helped,reJ..uyena, ote older downtowns suca as .~an 0ose s, at7 om- Cials contend. '~You can look at old pictures of san Jose, and morass of utility tines; sma.Jun u,~i_eyt,.~.an J~ se's deputy ~r of public worr.~ l~ow au. that is gone." Prompted by the state Lesislatu~ the PUO beautification when dist~u~ unaergroun~- the Utility Reform Ne..~__ or 'rul~, oppose any rate hik~ W cover me program- , Our ~oneem m -w~ether ~t benefits Eenera ~mtepsye~ or ~ wealt~ neil~borhooch;' sad Consumer costs . Consumere statewide now s .l~end_about likely to Hse ffmom facto~ suen as punnc ~Rl~rllnlY Undergro _ ~ Bill Gafh~ey, of the California Publi~ Commissio~ ac- idents are better able to anom mew snare o~ me cos~ Some cities foot those costs themselve~ ~ut ~ aiso sad an Caar_ ohiO_ ' _who joy the state s scenic beauty benefit from the prosran~ which has aeaned up major tho~..u.~. -. ~m~ from the Rmbarcadero to parts of Hi~ wayL ' . '~e hope this is tr~_o_nl~ a ,s~pe.~,' .o.n, not a cancellation," sad David Oones; a ~eg~auve rep- . resentative with the I~eague of California Citie~ tka~lar~sjmewu~.com or (408) overhead lines in most new subdivisions. At the time, Lady Bird Johnson was promoting high.- way and civic beautification projects with the , slogan'T~ep America Boautitul." .. I As a result of the program, thickets of utility lines no ionFer obsem-e the views ~ some of the ATTACHMENT 3 ELECTRIC RULE 20 - SUMMARY ' I[ REPLACEMENT OF OVERHEAD WITH UNDERGROUND El FCTRIC FACILITIES ]1 t;~i-SE'CTION!;:Aii::'::?!~I Public Interest Conversions I PG&E will, at its expense, underground its facilities along certain thoroughfares and on certain lands where the town, city or county (governing body) has: · worked with PG&E and the other utility companies to define an undergrounding project that extends for at least one block or 600 feet, · held public headngs and determined that such undergreunding is in the interest of the general public for one or more of the following reasons: 1. Such undergreunding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; 2. The street or road or right-of-way is extensively used by the general public and cardes a heavy volume of pedestrian or vehicular traffic: and 3. The street or read or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to th.e general public · and adopted an ordinance creating an underground distdct to assure that all overhead communication and electric facilities, includinq services, are placed underground. PG&E allocates annually its underground conversion budget to each governing body based on a formula taking into account the numbers of PG&E's overhead-served electric meters and total electric meters within the boundaries of the town, city or county. Annual underground conversion allocations may be carded over year-to-year until sufficient funds accrue to complete a project. t ~SECT[ON;B!::!'!i!:[ Neighborhood Conversions Under this section of Rule 20, PG&E will convert its overhead facilities to underground along public roadways, or other mutually agreeable locations, when requested by an applicant and: · all property owners served from the overhead lines to be converted first agree, in writing, to have the widng changes made to accommodate underground service to their premises, or suitable legislation is othenvise in effect that would authorize PG&E to discontinue its overhead service, and · the applicant has arranged for the installation of all substructure, including trenching, backfilling and repaving, and paid to PG&E a nonrefundable sum equal to the estimated cost difference (exclusive of transformers, meters and services) between the new underground system and an overhead system of equivalent capacity. The area to be undergrounded must include both sides of a street for at least one block or 600 feet and include the removal of all existing overhead electdc distribution and communication facilities. [~:SEc'--TIlONiiCiiiii?!!I Other Conversions I In circumstances where sections A or B of Rule 20 do not apply, underground conversion may take place where: · PG&E and applicant mutually agree upon the facilities to be converted, and · applicant pays tO PG&E the total estimated cost of the undergrounding, less a credit equal to the net salvage value and depreciation of the overhead facilities to be removed. SARATOGA CITY COUNCIL MEETING DATE: March 7, 2001 ORIGINATING DEPT: Administrative Services AGENDA ITEM: CITY MANAGER: DEPT HEAD:~/~j / SUBJECT: Process for Accepting and Accounting for Playfields Donations RECOMMENDED ACTION(S): Approve the process for accepting and accounting for donations received by the City specifically for Con~oress Sprin~s Park Improvement Proiect CIP No. 9704. and authorize staff ~o establish a fund to account for the donations. REPORT SUMMARY: At their February 27 special meeting, the City Council directed staff to return with a process for accepting and accounting for public donations, particularly for the Congress Springs Park Improvement Project CIP No. 9704. The process which staff recommends is intended to provide the public with the highest level of confidence that their donations will be used for their intended purpose, without having to wait for several critical months until a separate Saratoga Communi~: Foundation can be formed, incorporated, and granted tax exempt status by the Internal Revenue Sen'ice. 1. A bank account will be established at Comerica Bank, with whom the Ci~: does most of their banking. The account will be established by the City of Saratoga, but in the name of the Saratoga Youth Sports Fund. 2. The City will also establish a new fund on the City books, entitled the Saratoga Youth Sports Fund. 3. Donors will complete a Donor Information Form (draft attached) that will accompany the donation. The form will have the donor's name and address, and will allow the donor to specie: which individual item or items they would like their donation to be used for. 4. When funds are received, the Public Works Department will process them as other receipts are processed, indicating the fund and account number. 5. The checks will be deposited into the newly established bank account and accounted for on the City's books in the new fund. The City will perform the recordkeeping function for the fund as long as needed or until it is integrated into the proposed Saratoga Community Foundation. Using the information from the Donor Information Form, a letter will be sent to the donor thanking them for their contribution, indicating the item that the donation will be used for, and documenting the contribution as a tax deductible donation. F][SCAL IMPACTS: $1.175 million has been appropriated in the Fiscal Year 2000-01 budget for the Congress Springs Park capital improvement project. The amount of the donations that are received by the City will be: appropriated either by budget amendment during the current Fiscal Year. or will be incorporated in the next Fiscal Year budget, thereby allowing the Cit? to expand the Congress Springs project using the donations. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Solicitation of donations will be delayed, or donations may be limited if donors are not confident that their contributions are going for their intended purpose. AiLTERNATIVE ACTION: Do not accept any donations until the new Saratoga Community Foundation is fully established. The communiB' would lose valuable time, however, in waiting for the Foundation to be legally established. FOLLOW UP ACTION(S): Establish a new bank account and a new City fund. Develop a form letter to thank the donor and al:so serve as their receipt for tax purposes. AI)VERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Donator Information Form. Donor Information: Name: CiD' of Saratoga Youth Sports Fund Donation For Congress Springs Park Improvement Project Address: Telephone: ( ) Amount of Donation $ Fax Number: ( ) E-mail: Donation Item Checklist: INTERLOCKING PAVING STONES OVITH NAME) S 50.00 ea. INTERLOCKING PAVING STONES OVITHOUT NAME) $ 10.00 ea. MONUMENT SIGNAGE $ 15,000.00 BACKSTOP W/MASONRY WALL (3) S 25,000.00 ea. PORTABLE BACKSTOP (4) $ 3,000.00 ea. DUGOUTS: (10) INCLUDES: BENCHES, CONC. & FENCING $ 6,500.00 ea. BLEACHERS 30' V~TMASONRY WALL (4) S 20,000.00 ea. BLEACHERS 15 ..... (2) S 12,000.00 ea. SCOREBOARD (5) INCLUDES: ELEC. S 7,000.00 ea. SCOREKEEPERS (3) TABLE &BENCH $ 2,000.00 ea. INFIELD FENCING (3) $ 10,000.00 ea. OUTFIELD PORTABLE FENCING(5) $ 2,000.00 ea. BATTING CAGES (2) $ 5,000.00 ea. FOUL POLES PORTABLE (10) S 850.00 ea. STORAGE BLDG. # 1 $ 60,000.00 STORAGE BLDG. # 2 $ 45,000.00 FIELD STORAGE BOX (5) S 1,000.00 ea. ELECTRICAL OUTLETS & CONDUIY $ 28,000.00 PITCHING WARM-UP MOUNDS (6) $ 2,500.00 ea. SOCCER GOALS(16) PAIRS S 2,000.00 ea. pair TRASH RECEPTICLES (7) S 1,500.00 ea. BENCHES 6' (7) $ 1,500.00 ea. TABLES(7) $ 1,200.00 ea. PEDESTAL GRILLS (7) S 350.00 ea. ADA DRINKING FOUNTAINS (2) $ 5,000.00 ea. BOLLARDS: (50) $ 300.00 ea. BIKE RACKS (4) S 1,200.00 ea. FLAG POLE (2) (PERMANENT, 50 FEET TALL) S 1,500.00 ea. PORTABLE RESTROOM (1) $ 20,000.00 All checks should be made payable to the "Cir- of Saratoga Youth Sports Fund". Donations to the Ci~' of Saratoga are tax deductible to the extent the law allows. X Signature of Donor Date