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HomeMy WebLinkAbout10-15-2003 City Council Agenda Packet . . . CITY OF SARATOGA CITY COUNCIL SITE AGENDA OCTOBER 14, 2003 3:00 P.M REPORT OF POSTING AGENDA (Pursuant to GOY't. Code 54954.2, the agenda for this meeting was properly posted on October 9, 2003) AGENDA 1. DAGMAR AND SARATOGA AVENUE ANZA, PG&E, UPRR TRAIL ADJOURNMENT In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269 or www.ctc1erk@saratoga.ca.us. Notification 24 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] i\RC!IIVE COpy . AGENDA REGULAR MEETING SARATOGA CITY COUNCIL . OCTOBER 15, 2003 CLOSED SESSION- 6:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Goyernment Code section 54956.9(b): (2 potential cases) Conference with Legal Counsel - Initiation ofIitigation (GOy't Code section 54956.9( c): (2 potential cases). . REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Goy't. Code 54954.2, the agenda for this meeting was properly posted on October 9, 2003.) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A2endized 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. ANNOUNCEMENTS The City Council will hold a 2nd Community Meeting Tuesday, October 28, 2003 at 7:00 p.m. in the Ciyic Theater to discuss the following: · Continue discussion of City owned property and facilities · City Infrastructure · Community Discussion on "Vision of Saratoga" On October 26, 2003 ÍÌ'om 11 :00 a.m. - 4:00 p.m. the Saratoga Rotary, in conjunction with many local groups, will be celebrating cultural diyersity at their "Building Bridges" eyent at West Valley College. CEREMONIAL ITEMS lA. Commendations for Library Expansion Members Recommended action: Present commendations. lB. Proclamation - Declaring the Week of October 19-25,2003 as "Teen Read Week" Recommended action: Read proclamation and present commendations to student poets. 1 C. Proclamation - Declaring the Month of October 2003 as "National Domestic Violence Awareness Month" Recommended action: Acknowledge proclamation. SPECIAL PRESENTATIONS 2A. Wildlife Center of Silicon Valley Recommended action: Presentation by Trudi Burney, President, Board of Directors 2 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A City Council Minutes - September17, 2003 Recommended action: Approye minutes. 3B. Reyiew of Check Register (continued from 10/01/03) Recommended action: Approye check register. 3C. Reyiew of Check Register Recommended action: Approye check register 3D. June 30, 2003 Fiscal Year End Budget Monitoring and Report & 1 ,t Quarter 2003/2004 Update Recommended action: Accept report and adopt resolution. 3E. Planning Action Minutes - October 8, 2003 Recommended action: Note and file. 3F. Contract Renewal for Code Enforcement Hearing Officer Recommended action: Adopt resolution and execute agreement. PUBLIC HEARINGS 4. Second Reading and Adoption of the Reyised Tree Regulation Recommended action: Grant second reading of the Ordinance and adopt reyised Tree Regulation. OLD BUSINESS 5. DeAnzalUPRR/PG&E Easement Trail Recommended action: Accept Report and proyide staff direction. 3 . . . . . . 6. Fiye Year (2001-2006) Capital Improyement Plan - Fiscal Year 2003/2004 Reyiew Recommended action: Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from prior City Council Meetings; Reyiew Projects in the adopted CIP and amend their funding leyels if desired; Consider candidate CIP Projects as listed in the report for inclusion in the 2003-2004 CIP; Conduct Public Hearing at the Noyernber 5, 2003 City Council Meeting; Continue CIP discussion to the Public Hearing to allow for additional public input generated from the upcoming October 28th Community Meeting. 7. Urgency Ordinance Prohibiting Personal Services on First Floor Frontages in Saratoga Village Recommended action: Accept Report and proyide staff direction. NEW BUSINESS 8. Explore Animal Control Service Options. Recommended action: Accept report and proyide staff and Council representatiye direction. 9. First Amendment to Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority Recommended action: Approye and authorize the City Manager to execute agreement. 10. Deyelopment of Village Ad-Hoc Committee Recommended action: Accept report and direct staff accordingly. COMMISSION ASSIGNMENT REPORTS Mayor Streit City/School Ad-Hoc Committee Finance Commission Heritage Preservation Commission West Valley College Ad-Hoc Committee Vice Mayor Waltonsmith Arts Commission LAFCO AdHoc Committee Parks and Recreation Commission VTA Restroom Ad-Hoc West Valley College Ad-Hoc Committee 4 Councilmember King City/School Ad-Hoc Committee Mt. Winery Ad-Hoc Committee Norton Road Fire Access Ad-Hoc Committee Public Safety Commission Youth Commission Councilmember Kline Gateway Task Force LAFCO Ad-Hoc Committee Library Commission Mt. Winery Ad-Hoc Committee VT A Restroom Ad-Hoc Committee Councilmember Bogosian Library Expansion Committee Norton Road Fire Access Ad-Hoc Committee 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 or ctclerk@Saratoga.ca.us. 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). REVISED - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2003 10/28 Community Meeting 11/5 Regular Meeting 11/19 Regular Meeting 12/3 Regular Meeting 12/9 Special Meeting - Council Reorganization 12/17 Regular Meeting 01/7 01/21 Regular Meeting Regular Meeting 5 / . . . . SARATOGA CITY COUNCIL MEETING DATE: October 15, 2003 AGENDA ITEM: \-k CITY MANAGER: VJ~ DEPTHEAD~~~ ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow SUBJECT: Commendations for Library Expansion Committee RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: . Attached are commendations for the outgoing members of the Library Expansion Committee: Marcia Manzo, Bill McDonnal, Mary-Lynne Bernald, Ruchi Zutsm, Mary Jeanne Fenn, Ruth Gipstein, Jack Grantham, Bob Peepari, Willys Peck, Edward Sessler, and Fran Andresen. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting ofthe agenda. . ATTACHMENTS: Attachment A - Copy of commendations. G .::J-' ~ CITY OF SARA TOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renovation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatiyes in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatives from the City at-large to the Library Expansion Committee (LEe); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and adyising the City Council on yarious decisions for more than three years; and . WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Fran Andresen for his hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California -~ G ~ L:;' _:I-' . -- . -=1, L:, '~ LL CITY OF SARA TOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renovation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatives from the City at-large to the Library Expansion Committee (LEe); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and advising the City Council on yarious decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21,2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Edward Sessler for his hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARA TOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California rf- ,::J r:;' .::fJ CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renovation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatiyes in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatiyes rrom the City at-large to the Library Expansion Committee (LEC); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and advising the City Council on various decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21,2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Willys Peck for his hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California -::¡, L:;, '~ '1::- . ... ~ L:;' .:1-' ';:-] LL , . CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renoyation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatives from the City at-large to the Library Expansion Committee (LEC); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and adyising the . City Council on yarious decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Bob Peepari for his hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. . Nick Streit, Mayor Saratoga, California -:¡, L::. rF- ,~ ~' .:1-' ~ , CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renovation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatiyes in May 2000 fÌ"om the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatives fÌ"om the City at-large to the Library Expansion Committee (LEe); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and adyising the City Council on yarious decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and . WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Jack Grantham for his hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARA TOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California -:¡, L. ~ C' .:1-' \ .~ LL · CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents yoted to pass a tax measure to fund the expansion and renovation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatiyes from the City at-large to the Library Expansion Committee (LEe); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and adyising the · City Council on various decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28,2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Ruth Gipstein for her hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. · Nick Streit, Mayor Saratoga, California -'1, G rF- ,::..] r:;' -='" -'1, Go ~ , CITY OF SARA TOGA COMMENDATION CITY OF SARA TOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renovation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatiyes from the City at-large to the Library Expansion Committee (LEC); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and advising the City Council on yarious decisions for more than three years; and .. WHEREAS, the Saratoga Library opened to the public on June 21,2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28,2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Mary Jeanne Fenn for her hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California ~ L.;' -::I-' ,;:-] LL · CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renoyation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatiyes in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatiyes from the City at-large to the Library Expansion Committee (LEe); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and advising the · City Council on various decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Ruchi Zutshi for her hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. · Nick Streit, Mayor Saratoga, California -::¡, L.::. rF- .::J L:;' ,:!-, ~ , CITY OF SARA TOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents voted to pass a tax measure to fund the expansion and renoyation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 rrom the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatiyes rrom the City at-large to the Library Expansion Committee (LEC); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and advising the City Council on various decisions for more than three years; and . WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga issues this commendation to thank Mary-Lynne Bernald for her hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California ''f, L::, ~ 0; ';:-] 'L e CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents yoted to pass a tax measure to fund the expansion and renoyation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatives from the City at-large to the Library Expansion Committee (LEe); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and advising the lit City Council on yarious decisions for more than three years; and WHEREAS, the Saratoga Library opened to the public on June 21, 2003, and WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Saratoga issues this commendation to thank Bill McDonna1 for his hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. . Nick Streit, Mayor Saratoga, California -=1, L. rF- ,:=..] r:;' _:I-' o . CITY OF SARATOGA COMMENDATION CITY OF SARATOGA LIBRARY EXPANSION COMMITTEE WHEREAS, Saratoga residents yoted to pass a tax measure to fund the expansion and renoyation of the Saratoga Community Library in March 2000, and WHEREAS, the City Council appointed representatives in May 2000 from the Saratoga City Council, Library Commission, Planning Commission, Public Safety Commission, Heritage Preservation Commission, Friends of the Saratoga Libraries and three representatives from the City at-large to the Library Expansion Committee (LEC); and WHEREAS, the LEC assisted with construction-related tasks such as selecting an architect, holding community meetings to gather design input, and adyising the City Council on various decisions for more than three years; and II WHEREAS, the Saratoga Library opened to the public on June 21, 2003, imd WHEREAS, the Library Expansion Committee's last meeting occurred on August 28, 2003; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Saratoga issues this commendation to thank Marcia Manzo for her hard work and dedication to completing the Saratoga Library. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October 2003. Nick Streit, Mayor Saratoga, California -'1, L:, ~ . SARA TOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office Î' 0.. ~ PREPARED BY: lßU~v Cathleen Bover, CI Clerk AGENDA ITEM: CITY MANAGER: ß J~ 1D MEETING DATE: October 15, 2003 DEPT HEAD: SUBJECT: Proclamation Declaring October 19-25,2003 "Teen Read Week' RECOMMENDED ACTION: Read proclamation and present it to Jody Wiepking and Judith Sutton recognizing Teen Read Week. Present each of the following students a proclamation acknowledging their achieyement: Calyin Wong, Jessica Chang, Karen Iyes, Jensine Lee, Nolan Marcos and Karen IYes. REPORT SUMMARY: . N/A FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A . ATTACHMENTS: Attachment A - Proclamation CITY OF SARATOGA PROCLAMATION DECLARING OCTOBER 19-25, 2003 TEEN READ WEEK . Whereas, the ability to read and process information is a basic surviyal skill in our global information society; and Whereas, the reading proficiency of teens has remained stagnant oyer the last thirty years and the number of students who can read but choose not to do so is increasing; and Whereas, the most effectiye way to improye reading skills is to read regularly and often; and Whereas, parents, teachers, librarians, and all concerned adults can serve as role models by reading for fun themselyes; and Whereas, Jodie Wiepking, Teen Librarian - Saratoga Community Library, is a deyoted champion in the effort to foster teen reading and literacy skills; and Whereas, Judith Sutton, Saratoga High School English teacher, has won honors ÍÌ'om the Pen Women for three years in a row and was recognized for the poetry class she started at the high school and was named a "Poet of the Year" in a National Authors Registry; and Whereas, together Ms. Wiepking and Ms. Sutton organized a Poetry Contest, encouraging light- hearted competition and reinforcing the importance and fun ofliteracy skills for all; and Whereas, the following outstanding Saratoga High School student authors, haye been selected to . read original poetry tonight to highlight the joy of creatiye writing and the talent of Saratoga teens Calvin Wong - He has been published nationally and internationally and was named the 2003 Olympiad of the Arts in the humor category. Jessica Chang - She was awarded 2nd place in the 2003 Villa Montayo Young Writers Contest. Karen Ives - She has been published in the Saratoga High School Literacy Magazine and in magazines in North Carolina and Maryland. Jensine Lee - She has been published in the Saratoga High School Literacy Magazine and Creatiye Communication Periodical in Utah. Nolan Marcos and Karen Ives - Both haye been published in Saratoga High School Literacy Magazine and haye just begun submitting poems to more widely circulated publications. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim and recognize October 19-25, 2003, Teen Read Week in Saratoga, CA and encourage teens to read for the fun of it. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of October . 2003. Nick Streit, Mayor City of Saratoga · · · SARA TOGA CITY COUNCIL MEETING DATE: October 15, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: (ì2x:1~. DEPTHEAD: Cathle:n Boyer. ~ CI~rk \C &------7~/ SUBJECT: Proclamation - Declaring the Month of October 2003 as "National Domestic Violence Awareness Month" RECOMMENDED ACTION: Acknowledge proclamation. REPORT SUMMARY: Attached is a proclamation declaring the month of October 2003 as "National Domestic Violence Awareness Month" On October 17, 2003 Councilmember King be representing the City of Saratoga at the 6th armual "Elected and Public Officials Walk to End Domestic Violence ". FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of proclamation G ,:fJ ;J CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF OCTOBER 2003 NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, domestic yic>1ence is a concern of every community in the United States, and is a major social problem that occurs among all ages, races, cultures, occupations, and economic backgrounds; and WHEREAS, domestic yio1ence is one of the sources of violent behayior in our society. A child who grows up in a yio1ent household learns that violence is an acceptable way of dealing with personal problems. To break this cycle of yio1ence, services and programs that promote a functional home enyironment must be available; and WIIEREAS, services and programs for battered women and their families, child protectiye services, and counseling centers for dysfunctional families have been established throughout the community; and WHEREAS, services and programs for the victims of domestic violence must be effectiye1y communicated throughout the community; and . WHEREAS, on October 17, 2003, the Sixth Annual "Elected and Public Officials Walk to End Domestic Violence" will take place at the San Jose Civic Center to further raise public awareness about the need for solutions and to a call for the active participation of all public officials, social service agencies, and the community to end domestic yio1ence. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim and recognize the month of October 2003, NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH in the City of Saratoga. We join in the fight to end domestic violence and encourage all citizens to help raise community awareness and support that will lead to the reduction of domestic violence and help ensure a safe quality oflife for women and families in Saratoga. Witnessed our hand and seal ofthe City of Saratoga on this 15th day of October 2003. . Nick Streit, Mayor -~ L..:;, rF' ,:..:¡ . . . SARATOGA CITY COUNCIL MEETING DATE: October 15, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: CP)(JA,-:\ç¿:( DEPT HEAD: Cathleen Boyê1"¡ City Clerk SUBJECT: Presentation - Wildlife Center of Silicon Valley RECOMMENDED ACTION: Accept plaque. REPORT SUMMARY: L{\ é/-~ On behalf of the Wildlife Center of Silicon Valley, Trudi Burney, President of the Board of Directors, will present a plaque to the Saratoga City Council for continued support of the organization. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FDLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the a~nda. ATTACHMENTS: None · · SARATOGA CITY COUNCIL MEETING DATE: October 15, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: r rL, " f k Q( PREPARED BY: \ Jr ./C/:1'\ ~ DEPT HEAD: CatWeen Boyer¡ City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approye minutes. REPORT SUMMARY: Approye minutes as submitted for the folIowingCity Council Meeting: Regular meeting - September 17, 2003 FISCAL IMPACTS: N/A 3(t PJ ¿:;;;:'~ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislatiye history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: · Attachment A - Minutes September 17, 2003 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 17, 2003 . The City Council met in Open Session to conduct interviews for the Arts Commission and the Finance Commission at 5:00 p.m. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Ayenue at 6:00 p.m. Conference with Le¡¡;al Counsel- Consideration of Liability Claims (GOy't Code 54956.95): Claimant: Raihana Bano Agency claimed against: City of Saratoga Conference with Legal Counsel- Initiation oflitigation (GOy't Code section 54956.9(c): (1 potential case). MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. e ROLL CALL PRESENT: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Daye Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administratiye Analyst Jesse Baloca, Administratiye Services Director Tom SulliYan, Community Deyelopment Director John Cherbone, Public Works Director Iyeta Harvancik, City Engineer Morgan Kessler, Assistant Engineer Cary Bloomquist, Administratiye Analyst e 1 - . REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 17, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Goyernment Code Section 54954.2, the agenda for the meeting of September 17, 2003, was properly posted on September 11, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Bill Breck, noted that the tree protectiye fences were still missing at the property located at 14480 Oak Place. Mr. Breck stated that this was his 19th time before the City Council and Plarming Commission. Darin Defner, PG& E, introduce himself to the Council as the new Goyemment Relations Representatiye and distributed his business cards. COMMUNICATIONS FROM COMMISSIONS None . WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested an update on the property located at 14480 Oak Place. City Attorney Taylor explained that a Notice of Code Violation for a number of yiolations was issued on September 15, 2003. City Staff is waiting for a response from the landowner who has 20 days to file an appeal. City Attorney Taylor stated that if no appeal is filed, the Notice of Code Violation would be recorded on the property. ANNOUNCEMENTS None . 2 CEREMONIAL ITEMS e 1. COMMENDATION - EXPRESSING APPRECIATION FOR SARATOGA CITIZEN JOHN "JACK" MALLORY STAFF RECOMMENDATION: Present commendation. Mayor Streit read the commendation and presented it to Mr. Mallory. SPECIAL PRESENTATIONS 2A. INTRODUCTION OF GENIE DEE, EXECUTIVE DIRECTOR SASCC STAFF RECOMMENDATION: Informational only. Daye Anderson, City Manager, introduced Genie Dee the new Executiye Director ofSASCC. Director Dee noted that she is looking forward to working with the City Council. e 2B. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING STAFF RECOMMENDATION: Acknowledge achieyement. Mayor. Streit acknowledged the award and thanked Director Baloca and his staff for their hard work on the CAFR. CONSENT CALENDAR 3A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approye check register. W ALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. e 3 . 3B. PLANNING ACTION MINUTES - AUGUST 27, 2003 STAFF RECOMMENDATION: Note and file. W ALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3C. PLANNING ACTION MINUTES -SEPTEMBER 10, 2003 STAFF RECOMMENDATION: Note and file. Mayor Streit requested that item 2C be remoyed from the Consent Calendar. Mayor Streit referred to Item 3 in regards to the AT&T application. Mayor Streit noted that the staff and the Plarming Commission did a great job with the landscaping and the location of the building. Mayor Streit noted that he would like to appeal the application based on the safety and esthetics ofthe proposed building with support from the Council. W ALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. i ! . Vice Mayor Waltonsmith noted that she supported Mayor Streit's request. 3D. 2002 CONCRETE & STORMDRAIN MAINTENANCE PROJECT - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. W ALTONSMITH/KLINE MOVED TO ACCEPT NOTICE OF COMPLETION FOR 2002 CONCRETE & STORMDRAIN MAINTENANCE PROJECT. MOTlONPASSED 4-0-1 WITH BOGOSIAN ABSENT. 3E. ADA IMPROVEMENTS AT HAKONE GARDENS- AWARD OF CONTRACT STAFF RECOMMENDATION: Approye proposal and authorize City Manager to execute agreement . 4 W ALTONSMITH/KLINE MOVED TO APPROVE PROPOSAL AND . AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3F. 2003 CONCRETE MANAGEMENT PROGRAM - AWARD OF CONTRACT STAFF RECOMMENDATION: Declare George Bianchi the lowest bidder; award a construction contract; authorize staff to execute change orders to the contract. W ALTONSMITH/KLINE MOVED TO DECLARE GEORGE BIANCHI THE LOWEST BIDDER; A WARD A CONSTRUCTION CONTRACT; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3G. SARATOGA BUSINESS DEVELOPMENT COUNCIL (SBDC) STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-056 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPEALING THE DECISION ETABLISHING THE SARATOGA BUSINESS DEVELOPEMNET COUNICL (SBDC) W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION REPEALING THE DECISION ETABLISHING THE SARATOGA BUSINESS DEVELOPEMNET COUNICL (SBDC). MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3H. EXPANSION OF DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE/APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $34,532 FOR DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE . 5 . W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $34,532 FOR DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3I. AUTHORIZATION TO PURCHASE PLAY EQUIPMENT FOR EL QUITO PARK PLAY EQUIPMENT REPLACEMENT PROJECT FROM MIRACLE RECREATION EQUIPMENT COMPANY STAFF RECOMMENDATION: Approye purchase. W ALTONSMITH/KLINE MOVED TO APPROVE PURCHASE OF PLAY EQUIPMENT FOR EL QUITO PARK. MOTIUON PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3J. RESOLUTION OF SUPPORT OF THE MEMORANDUM OF CONSENSUS PREPARED BY THE SANTA CLARA VALLEY WATER RESOURCES . PROTECTION COLLABORATIVE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-063 RESOLUTION OF THE CITY COUNCIL SUPPORT OF THE SANTA CLARA WATER RESOURSES PROTECTION COLJLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION OF SUPPORT OF THE MEMORANDUM OF CONSENSUS - PREPARED BY THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. ,. 6 3K. CLAIM OF RAlHANA BANO; CLAIM NO. GL-055073 STAFF RECOMMENDATION: Authorize ABAG to settle claim. . W ALTONSMITH/KLINE MOVED TO AUTHORIZE ABAG TO SETTLE CLAIM. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS 4. MAJOR UPDATE AND AMENDMENTS TO SECTION 15-50, TREE REGULATIONS AND ADOPTION OF A ENVIRONMENTAL DETERMINATION STAFF RECOMMENDATION: Continue public hearing from 09/03/03; adopt resolution granting the Negatiye Declaration ofEnyironmentallmpact; introduce ordinance; and place on consent calendar at the September 17, 2003 meeting for adoption. TITLE OF RESOLUTION: 03-064 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRNMENTAL IMPACT TO THE AMENDMENTS AND RE-ADOPTION OF THE TREE REGULATIONS OF THE SARATOGA CODE . Tom SuIliyan, Community Deyelopment Director, presented staff report. Director Sulliyan explained that yarious changes to the proposed ordinance: · Adopting ISA Standards · Administratiye Penalties · State Licensing Requirements · Defining "Canopy" and "Crown" · Requiring a permit after the fact if a person remoyes or prunes in excess of 20% or encroaches into the root zone of a tree in order for conditions to be made · Technical and grammatical changes Vice Mayor Waltonsmith asked Director Sulliyan what the tree fund would be used for. Director SuIliyan noted that the funds should go back into the community for tree maintenance and new trees. Mayor Streit opened the public hearing and invited public comments. . 7 e Tom Corson submitted a letter signed by six residents in his neighborhood proposing fiye points that would make the proposed ordinance better · Design Reyiew findings should preserve all protected trees · Noticing on all protected trees not just "natiye" trees · Determination on Permit - change to state that a tree can only be remoyed if actual or eminent physical damage to buildings on a property · Determination on Permit - if an Arborist report is required then it should be written by the City's Arborist · Standard policy be clearly stated - Replacement or payment shall be required in all cases except when a tree is remoyed because of a disease of public nuisance Bill Breck noted that he supported Mr. Corson's suggested changes and added that his concern is how the City was planning on enforcing the ordinance. Mr. Breck asked if someone is reckless enough to cut down a protected tree, what specific measure could the City use to require a permit. Marvin Becker stated that he feels that the City should not haye the right to tell a property owner that they can or cannot remoye a tree ÍÌ'om their own property. e Robert Zager noted that he is opposed to the proposed ordinance. Mr. Zager noted that he feels the proposed ordinance is flawed especially because it takes away the property rights of a homeowner. Elizabeth Lora noted that the proposed ordinance is not strong enough to protect the trees in Saratoga. Ms. Lora noted that she feels that neighborhoods should be inyolyed in the process if it affects their neighborhood. Jill Hunter, Planning Commission Chair, noted that the subcommittee worked yery hard on the proposed ordinance and noted that she agrees with the speakers that all protected trees should be included in the ordinance not just the natiye trees. Mayor Streit closed the public hearing. Mayor Streit stated that it is important for the public to understand that this proposed tree ordinance is fine-tuning the existing yersion we already haye. Director Sulliyan responded seyeral definitions haye been added to the proposed ordinance, which adds clarity for the public and building inspectors. Also the ordinance would be consistent with industry standards. In regards to permit fees, the fee was established last year at $25 and has not been increased since. e Councilmember Kline asked for a brief explanation on how the City will enforce the proposed ordinance if someone is in yiolation of an illegal tree remoyaJ. Director Sulliyan explained that the owner would haye to obtain a tree remoyal 8 permit and the City would add conditions. The City arborist would yisit the site to eyaluate the tree. If the person doesn't comply they would receiye a misdemeanor. e In response to Mr. Breck's suggestion, Councilmember King asked if drip lines could be required in site plans. Consensus ofthe Council to add Councilmember King's request in the proposed ordinance. In regards to the concept of misdemeanors in the proposed ordinance, Mayor Streit asked for a clear explanation of this. City Attorney Taylor responded State code states that any yiolation of the code is a misdemeanor unless the City makes it an infraction. City Attorney Taylor noted that the City could adopt a whole separate section on ciyil penalties. This would allow the Cit to approach the ciyil court to ask that they impose a penalty on a person. If directed by Council staff could come back with ciyil remedies proyisions as a code enforcement tool that would apply to a lot of others things besides trees. Councilmember Kline noted that the City could raise penalties higher than $500 if we had a ciyil remedy section in the code. City Attorney Taylor responded yes. . Councilmember King asked if schools are exempt ÍÌ'om City ordinances. City Attorney Taylor responded that schools are not exempt ÍÌ'om city's zoning ordinance unless the school district makes an explicit finding that it needs to exempt itself from the City ordnance in support of a classroom facility. Councilmember Kline asked Director Sulliyan if giying notice for protected and natiye trees would add an extra burden to staff. Director Sulliyan responded that it would not be an additional burden on staff. Vice Mayor Waltonsmtih noted that she supports the proposed ordinance. Councilmember Kline noted that he thinks that the misdemeanor should be reduced to an infraction and also the City needs to find a way to enforce the ordinance in a monetary amount. Councilmember Kline noted that he supports noticing on all protected and natiye trees. . 9 . . i. 1 City Attorney Taylor noted that this item would be brought back to Council on October 15,2003 as amended. W ALTONSMITH/KING MOVED TO INTRORDUCE THE ORDINANCE AS PROPOSED WITH AMENDMENTS INCLUDING: AMENDING THE ENFORCEMENT PROVISION TO REDUCE THE PENATL Y FROM A MISDEMEANOR TO AN INFRACTION, ADDING A ENFORCEMENT REMEDY OF A CIVIL PENALTY PROCEDURE UP TO $5,000 PER TREE OR THE VALUE OF A TREE IF GREATER THAN $5000; NOTICING OF ALL PROTECTED TREES NOT JUST NATIVE TREES; INSURE THAT PROTECTED TREES ON ADJOING PROPETIES ARE SHOWN ON THE SITE PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. W ALTONSMITH/KING MOVED TO DIRECT STAFF TO SCHEDULE A PUBLIC HEARING ON OCTBER 17, 2003; DIRECT THE CITY CLERK TO PUBLISH THE NOTICE; DECLARE THE NOTICE SUFFICENT TO INFORM THE PUBLIC OF THE ADOPTION OF THE ISA STANDARDS BY REFERNCE. MOTION PASSED 4-0- I WITH BOGOSIAN ABSENT. W ALTONSMITH/KLINE ADOPT RESOLUTION GRANTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. OLD BUSINESS 5. SEPTIC ABATEMENT PROGRAM - BELOW GRADE SEPTIC SYSTEMS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the background regarding the septic abatement program and stated that the current ordinance was interpreted to exempt below grade homes served by septic systems because it was belieyed that the cost of installing the storage tank, pump system, and piping necessary to conyert ÍÌ'om septic to sewer would be prohibitiyely expensiye. Director Cherbone stated that new information indicates, howeyer, that the cost of conyersion, while substantial, do not differ markedly from the cost of conyerting aboye grade systems. Director Cherbone explained that at the February 5, 2003 City Council meeting, Council directed staff to contact the 19 property owners whose homes were identified as maintaining a septic system with a "below grade" exemption status. 10 Director Cherbone noted that after additional inyestigation, City staff discoyered two of these parcels were recently connected to the public sewer system, one is a yacant parcel, and one was determined not to fall under the below grade exemption status. Per this update information, the proposed new ordinance would affect 15 properties. . Director Cherbone explained that staff contacted all affected property owners yia mail and inyited them for indiyidual meetings. Fourteen of the original 19 property owners responded; 10 of those met with staff. Staff informed the property owners of the proposed amendment to the septic abatement ordinance and discussed the water quality issues in the City and the City's desire to improye it. Each property owner was encouraged to express his or her concerns regarding the issue. Director Cherbone noted that almost all of the property owners raised concern about the expense of the sewer connection. Director Cherbone explained some other concerns expressed by the property owners such as damage to trees and landscaping, main required for the pumping and existing tank working properly and there is no need to change. Vice Mayor Waltonsmith asked if these properties were the last ones that haye to hook up to the sewer system. Director Cherbone responded yes. . Councilmember King asked if the City is stil1 offering financial assistance. Director Cherbone responded yes, noting that the money was still ayailable to qualified residents from CDBG grants. CounciImember Kline asked if the ordinance only applied to the 15 properties. Director Cherbone noted that it would be citywide. Director Cherbone explained that there are three exemptions to the Septic Abatement Ordinance; 1) requires an easement, 2) 200 feet from a property line to a sewer system, and 3) below grade. Director Cherbone noted that the proposed ordinance before the Council this eyening only addresses the below grade exemption. Rollin Buckman stated that he met with City staff and noted that he objects being forced into hooking up to the sewer system. Mr. Buckman stated that the hook up would be extremely expensiye and unnecessary because his septic tank has been working fine since July 1954. Regina Oldham noted that her property is one of the 15 properties that are below grade only because her tank was not installed properly. Ms. Oldham noted that her septic tank is functioning perfectly and hooking up to the sewer system is not . 11 . considered an improyement to her house. Ms. Oldham noted that it is commendable for the City to want clear creeks but unfortunately the City carmot proye where the pollution is coming from. W. Donald Head read a letter explaining the background of his property and his options for complying with the Septic Abatement Ordinance. Dr. head stated that staff agreed that establishing a subterranean "holding" tank with no effiuent and emptied armually by a professional was a good solution for his property. Mike Landgraf noted that there is no proof that septic tanks are causing the pollution in the City's creeks. Mr. Landgrafnoted his septic tank has been working great for years. Bob Binkley noted that he is a ciyil engineer who designs waste water systems and a long time Saratoga resident. Mr. Brinkley stated that if he were to hook up to the sewer system he would be paying approximately $63,000 in fees. Mr. Brinkley stated that the City has no real hard data to proye septic tanks are the cause of the pollution. . Shirley Martire noted that she has been working closely with Director Cherbone. Ms. Martire noted that her property is 500 feet from the nearest hookup. Ms. Martire noted that the costs for hooking up to the sewer system haye been yery high. Councilmember King asked what the logic was behind the exemption of properties whose property line is 200 feet ÍÌ'om the nearest hook up. Director Cherbone noted that he was not inyolyed in the process at the time and carmot speculate on why that particular exemption was put in place. Councilmember Kline stated that below grade properties were exempt in the original ordinance. Director Cherbone responded yes and added that this proposed ordinance only addresses one of three existing exemptions. Councilmember Kline noted that the City has no proof that links the septic systems of these 15 properties to the contamination of the creek. Director Cherbone concurred with Councilmember Kline and added that staff is trying to gather more accurate data to find the source of the contamination. . Councilmember Kline noted that he could not support the proposed ordinance without proof. 12 Mayor Streit stated that staffwas directed to approach the below grade property owners because their property abuts the creek. The goal was eliminate the flow to the creek. . Vice Mayor Waltonsmith noted that she supported the ordinance and would like to work indiyidually with the 15 property owners who are below grade to mitigate their hardships and connect to the sewer system. Councilmember Kline suggested that the City look into the public sewer lines in the Village instead of focusing on the 15 priorities below grade. Vice Mayor Streit asked City Attorney Taylor whether the ordinance could be amended to state that as long as a below grade system was working adequately they could continue to use the system, but if someday they do not pass the chemical marker test they, haye fiye years to hook to the sewer system. City Attorney Taylor stated that an amendment might not be necessary. City Attorney Taylor explained that if in the course of the septic inspection the City had a test mechanism that would allow us to demonstrate that material was flowing ITom the septic system into the creek that would be sufficient enough in the existing ordinance to not giye the property owner fiye years. The City could instruct the property owner to connect to the sewer or take other steps to keep the material from flowing into the creek. City Attorney Taylor stated that staff could come back with an amended ordinance or take no action. . Councilmember Kline noted that none of the speakers tonight opposed to hooking up to the sewer system if there was proof that their septic tank system was contaminating the creek. Consensus of the City Council to direct staff to test all of the below grade septic tanks and report back to Council. Mayor Streit declared a break at 9:25 p.m. Mayor Streit reconyened the meeting at 9:35 p.m. 6. HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM- ADDITIONAL FUNDING APPROVAL STAFF RECOMMENDATION: Approye increase of existing change order for additional scope of work. John Cherbone, Public Works Director, presented staff report. . 13 . . . Director Cherbone explained that last June the City Council approyed an award of construction contract to Maggiora Brothers Drilling, Inc. for the amount of $95,475 with a contract change order authority of $9,500 for construction of a irrigation well and pumping system in the Heritage Orchard. The well and pumping system are part of Phase I ofthe Heritage Orchard Improyement Project. Director Cherbone noted that the original predictions for water bearing layers in the orchard were estimated to be at a depth of 300 feet or less. Howeyer, the test well drilled in August indicated that the production well needed to be 540 feet based on the test well and e-Iog data. Additionally, the sanitary seal around the upper part of the well, as indicated by the Santa Clara Valley Water District, is required to be 170 feet instead ofthe originally estimated 50 feet. Director Cherbone noted that the total increase of the project construction is $30, 004. W ALTOSNMTlli/KLINE MOVE TO APPROVE INCREASE OF EXISTING CHANGE ORDER FOR ADDITIONAL SCOPE OF WORK. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 7. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY RESTROOM FACILITY - APPROVAL OF DESIGN STAFF RECOMMENDATION: Approye design. Iyeta Harvancik, City Engineer, presented staff report. Engineer Harvancik explained that background of this project and noted that Option A shows the facility located at the Transit Center and Option B shows the facility at the parking lot. Engineer Harvancik stated that staff recommends that Council approye both of the design options for the facility. After approyal from the City Council and VT A, City staff will solicit bids for both altematiyes. Based on the bid results, one of the two options will be selected and the project construction phase will be initiated. The construction of the restroom facility will be completed by the end of the year. W ALTOSNMTIH/KLINE MOVED TO APPROVE DESIGN FOR THE VTA RESTROOM FACILITY AT WEST VALLEY COLLEGE. MOTION PASSED 5-0-1 WITH BOGOSIAN ABSENT. 14 8. AMENDED SCOPE OF VACATION OF GEORGE WHALEN WAY . STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-053 AMENDED RESOLUTION OF THE CITY COUNCIL OF SARATOGA VACATING GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD Richard Taylor, City Attorney presented staff report. City Attorney Taylor explained that at its Noyember 6, 2002 meeting the City Council approyed a resolution yacating all public right-of-way in George Whalen Way. Although the yacation has not taken effect pending satisfaction of certain conditions San Jose Water has already taken steps to abandon the George Whalen Way water line in place to replace it with new water line in a different location, Staff was recently made aware that it would be prudent to retain a small portion of the public utility right-of- way in George Whalen Way to facilitate connection between the new water line and the parcel upon which the Fire Station is to be constructed. Since the yacation has not yet taken effect, staff recommends that the Council amend the yacation resolution to retain a public utility right-of-way oyer he portion of George Whalen Way. . W ALTOSNMTIH/KING MOVED TO ADOPT AMENDED RESOLUTION OF THE CITY COUNCIL OF SARATOGA VACATING GEORGE WHALEN WAY BETWEEN SARATOGA A VENUE AND SARATOGA- LOS GATOS ROAD. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. NEW BUSINESS 9. CITY/SCHOOL RELATIONS ADHOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. City Manager Anderson explained that the City of Saratoga is served by seyen public school districts and two priyate schools, which are located in Saratoga. 50% of Saratoga students attend school within Saratoga Union School District & Los Gatos-Saratoga Joint Union High School District the other 50% are spread throughout the other 5 districts. . 15 · · · City Manager Anderson stated that in an effort to bring unification and communication between districts the City Council has tried numerous times to hold meetings with all school officials that serve the City of Saratoga to discuss such items as safety, traffic, construction projects, etc. City Manager Anderson noted that in February 2003 the City Council held a retreat to discuss yarious subjects. One of those discussions eyolyed around forming a special Schools Commission. The City Council discussed the idea and the consensus was that forming one more formal City commission was not realistic. City Manager Anderson noted that in the last couple of years the City Council has had tremendous success forming Ad Hoc Committees consisting of two Councilmembers and a staffliaison to tackle yarious issues. Consensus of the City Council to appoint Mayor Streit and Councilmember King to the City/School Ad-Hoc Committee. 10. OPTIONS FOR CITYWIDE NOTICING - DEANZA, PG&E, UPRR TRAIL STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administratiye Analyst, presented staff report. Analyst Bloomquist explained that the Mayor requested that staff list noticing options for the October I, 2003 DeAnza, UPRR, PG& E Easement Trail Public Meeting. Analyst Bloomquist explained each type of notice, the cost, and the altematiyes. Vice Mayor Waltonsmith noted that the trail is a community trail and eyeryone should be inyited to join in the discussion. Councilmember King noted that she supported citywide noticing for this item. Councilmember Kline noted that he thinks a citywide notice is excessiye. Councilmember Kline noted that he is concerned about the precedence that this would be setting. Councilmember Kline noted he agrees that if a project is of interest to the entire City then a citywide notice should be used. Councilmember Kline noted that he feels this is not a unique situation to justify a citywide notice. Mayor Streit commented that he feels this is a unique situation. Mayor Streit added that the people who liye along the trail oppose to the deyelopment ofthe trail. Mayor Streit noted that a citywide notice is necessary. 16 Councilmember King noted that they supported Citywide noticing for this item, but doesn't feel staff has enough time to get the notice out in time for the October 1,2003 meeting. . Councilmember Kline noted that he concurred with Councilmember King an. The item should be postponed until October 15, 2003 in order for the notice to be affectiye and allow residents to adjust their schedules in order to attend the meeting. Councilmember Kline asked Vice Mayor Waltonsmith why this item could not come back to Council on October 15,2003. Vice Mayor Waltonsmith disagreed with Councilmember Kline stating that this item has been discussed for a year and its time to take the next step. Mayor Streit noted that he supported a citywide notice, but agrees that it should be moyed to the October 15, 2003 Council meeting. Consensus of the City Council to direct staff to prepare a citywide noticing for the DeAnza, PG&E, UPRR Trail and schedule the item on the October 15, 2003 Council agenda. 11. SARATOGA RETIREMENT TRAIL EASEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. . Cary Bloomquist, Administratiye Analyst, presented staff report. Analyst Bloomquist explained that while in the process of updating the Open Space Element of the City's General Plan, staff discoyered a possible trail linkage near the Odd Fellows Retirement Community, which was not preyiously identified. This past May 2003 the City met with staff fÌ'om Retirement Services LLC, the contracted deyeloper at the Odd Fellows Property, to discuss the feasibility of deyeloping a possible trail linkage running through the property that would connect San Marcos Road and Crisp Ayenue. Analyst Bloomquist noted that in June -August the Trails Subcommittee explored the potential to deyelop this trail. Subsequently, the issue was forwarded to the Parks and Recreation Commission (PRe), who formally gaye their support to explore the deyelopment ofthe trail at their July 2003 regular meeting. Analyst Bloomquist stated that in order for the PRC to proceed they are seeking direction from the City Council. Counci1member Kline asked if the Saratoga Retirement Board expressed any informal response or interest to the proposed trail. . 17 e e . Analyst Bloomquist stated no. Vice Mayor WaItonsmith commented that City staff met with the contracted deyeloper at the Odd Fellows Property, to discuss the feasibility of deyeloping a possible trail. Logan Deimler, PRC & Trail Sub Committee Chair, added that the staff at the Center seemed to be interested and adyised the City to contact their Board. Consensus of the City Council to direct the PRC to approach the Board at the Odd Fellows Retirement Community to discuss the proposed trail linkage. 12. DISCUSSION OF POLICY ISSUES REGARDING PERSONAL SERVICES AND CONSIDERATIONS OF ADOPTING A PROPOSED URGENCY ORDINANCE TO ESTABLISH TEMPORARY PROHIBITION ON PERSONAL SERVICES BUSINESS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staffreport. City Attorney Taylor explained that the Town of Los Gatos recently adopted an interim urgency ordinance prohibiting the approYal of applications for personal service businesses in business districts. City Attorney Taylor stated that the Town of Los Gatos found that there were a number of personal service businesses proposing to locate in the Town. This concerned the Town's officials of what it would do to their mix of commercial uses. City Attorney Taylor noted that they try to maintain a leyel of retail uses as opposed to services uses. City Attorney Taylor stated that the Mayor requested that this item come before the City Council for an opportunity to discuss whether or not this type of urgency ordinance should be adopted in Saratoga. City Attorney Taylor stated that noted that staff was requesting guidance on how to proceed. Councilmember Kline asked ifthe City haye substantial numbers that showed that the City is being flooded with this type of business. 18 Mayor Streit pointed out the recently a trayel agency closed and a nail salon went in the space. Mayor Streit noted that his concern was that now the Town of Los Gatos imposed a moratorium would personal serves business inyade Saratoga. Mayor Streit concurred that the City does not know the mix of business types in Saratoga. Councilmember Kline noted that he is concerned with taking property/business owner's rights and impose a moratorium on them. Councilmember Kline stated that if a moratorium is proposed he would want quantifiable data to support it. .' I i I : : . Consensus of the City Council to bring this item back for discussion on October 15, 2003and direct the City Attorney to prepare a draft ordinance. COMMISSION ASSIGNMENT REPORTS Mayor Streit had no reportable information. Vice Mayor Waltonsmith had no reportable information Councilmember King reported the following information: Public Safety Commission - Lorie Tinfow, Danielle Surdin, and Bridgette Ballingall recently attended an OES conference in San Luis Obispo. Commissioner Kane recently finished the traffic study on Aloha/Highway 9 and will present thee result at the Oct 2003 meeting. . Councilmember Kline reported the following information: Gateway Task Force - finished that 1st draft of the guidelines and sent them to all of the stakeholders for comments. Should be ready to come before City Council by the end of the year. CITY COUNCIL ITEMS Referring to a recent fund raising eyent in the Town of Los Gatos, Councilmember King suggested that the City of Saratoga do something similar. Vice Mayor Waltonsmith stated that she would take the suggestion back to the Arts Commission. OTHER Mayor Streit noted that the Hakone Foundation Board would soon begin plans to renegotiate their contract with the City. City Attorney Taylor added that the Hakone Board is interested in changing their status including remoying the City Council ÍÌ'om their Board. . 19 · · · CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 10:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 20 . . . SARATOGA CITY COUNCIL 00 ORIGINATING DEPT: Administrative Services CITY MANAGER: .oJ ç./ DEPT HEV~C'- MEETING DATE: October 1, 2003 AGENDA ITEM: PREPARED BY: Jaye Tkach SUBJECT: Check Registers: 9/19/03 RECOMMENDED ACTION(S): Approye the Check Register. REPORT SUMMARY: Attached is the Check Register. As requested by Council Member Bogosian, I haye attached information regarding the consultant agreement for trail easement research proyided by Teri Baron. The contract is for an amount not to exceed $4,500. Currently, our records show that payments totaling $2,525 haye been made from the Parks/Trails ClP. To date, Teri has completed at least 25 trail segments out of the approximate 30 identified to date. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None AL TERNA TlVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Memo dated October 6, 2002, regarding Inyoice from Teri Baron and May 21, 2003 staff report. Check Register Certification. , Administrative Services Department City of Saratoga . October 6, 2003 Memorandum To: Mayor and Council Members From: Jesse Baloca, Administrative Services Dire~ Re: Payment of Invoice from Teri Baron Last May, a consultant proposal from Teri Baron was approved by the City Council for research on trail easements. The letter of proposal had a discounted rate of $25/hour with a not to exceed limit of $4,500. To-date, our records show that payments totaling $2,525 have been made from the ParksfTrails CIP. Teri has completed at least 25 trail segments, out of the approximate 30 identified as existing. Attached is the copy of the staff report and letter of proposal. If you have any questions or need additional information please contact me or John Cherbone. Thank you. . cc: Dave Anderson, City Manager . " , . . . SARATOGA CITY COUNCIL MEETING DATE: May 21, 2003 2f CITY MANAGER: {f/ ec:? ~ DEPT HEAD: ftL e1l.Q~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: ~ ~~ SUBJECT: Approyal of consultant agreement for trail easement research. RECOMMENDED ACTION(S): Approye proposal from Teri Baron for trail easement research and authorize City Manger to execute a professional agreement for the same. REPORT SUMMARY: During the summer of 1990, the City of Saratoga commissioned a study for the preparation of a Parks and Trails Master Plan which would define a framework for all related planning and deyelopment of parks and trails for the upcoming decade. The Master Plan was completed by Noyember of 1991 and has been in use since this date. During the past 2 years at their regular meetings, the Parks and Recreation Commission haye discussed the revision of the present Parks and Trails Master Plan. Realizing the scope and complexity of this undertaking, the Commission directed the Trails Subcommittee to explore the yarious trails issues connected with the Master Plan. The main focus of the subcommittee has been centered on identifying and yerifying the City's existing trail easements. During the summer of 2002, a report was completed by a summer intern assigned to the project for this purpose. Upon thorough reyiew of the interns report by the trails subcommittee and the Parks and Recreation Commission at their regular meetings from September - Noyember 2002, seyeral inconsistencies were discoyered and the credibility of the report was deemed questionable. Based upon these findings, a recommendation was made at the Noyember 4, 2002 Parks and Recreation Commission meeting to hire Teri Baron as the official trails consultant to work with City staff and the Commission / Trails SubCommittee on the trails portion of the reyison of the Master Plan in determining the location of the numerous trails easements. Her wealth of knowledge regarding local trails is unmatched, and she is willing to perform the detailed research work at a fraction of her usual fee (please see attachment A). Additionally, Teri has significant experience in title research that is necessary for the successful completion of this work. . . . ' ~. i Teri Lynn Baron 19830 Via Escuela Dr. Saratoga, CA 95070 408867-6100 voice and fax cell 408 206-6051 E-mail: teri@seanconnery.com . May 14, 2003 City of Saratoga 13777 Fruitvale . Saratoga, CA 95070 Attn: John Cherbone RE: Trails Master Plan, Research Dear John: As you know, I haye been working intensiyely on the Saratoga trail system to haye the trails and deyelopments comport with the City of Saratoga Parks and Trails Master Plan. In my research to yerify the different trail easements as listed on the current Trails Map that was done in 1991, it has come to my attention that seyeral of the easements that are listed are incorrect, and at least one was incorrect before the map was done. '1y research has been unable to find any "catalog" of the yarious trail easements. The closest thing we haye to a ~atalog" is the master plan, and I haye found it to be somewhat incorrect and it does not include the legal documentation or any precise locations for the easements. This information can then be used to correctly update the Trails Master Plan that is being worked on. . . I would like to propose to the city that I continue my research. Due to the amount of hours inyolyed to complete the research and the necessity to yerify the legal status of easements by pulling documents from the county records and other sources, the cost of my time for this project will be $25.00 per hour, not to exceed $4,500. This is a discounted price to the City oyer my normal hourly rate of$100. The City will be billed in monthly intervals. My extensiye title and escrow background will help keep the costs down as well. The information on the easements will be put into a binder form by subdiyision and will include the following information: · Original subdivision maps showing easement locations and subdiyision notes · Plat map showing addresses and easement locations as they are today · Description of easement, length, width etc. (See sample attached) · Status of easement · Any resolutions from the City pertaining to any easements Once I have completed my research, the city will haye yerifiable documentation and a catalog of most of the trail easements that haye been offered to the City for dedication. . rZespectfully submitted, Teri Lynn Baron SARATOGA CITY COUNCIL . MEETING DATE: October 1, 2003 AGENDA ITEM:· W ORIGINATING DEPT: Administrative Services CITY MANAGER: r:;;2J~ PREPARED BY: Jaye Tkachqí DEPT HEAD: ~_ ~ SUBJECT: Check Registers: 9/19/03 RECOMMENDED ACTION(S): Approye the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: e None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None AL TERNA TIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. - I Fund# Fund Name Date Manual Void 9/19/2003 Checks Checks AP CHECKS A94153-94263 1 GENERAL 303,706.45 1,411.96 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 27,884.75 180 LLA Districts 11,054.18 250 Dev Services 29,448.09 260 Environmental 3,978.75 270 Housing & Comm 290 Recreation 6,040.00 291 Teen Services 292 Facility Ops 340.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 6.50 351 Public Safety 6,455.60 352 Infrastructure 2,464.69 353 Facility 354 Park and Trail 11,268.81 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD#3 800 Deposit Agency Subtotal 402,647.82 1,411.96 PAYROLL CHECKS: B29364-29391 TOTAL rrePq~ Date: TI~ q-éJ..'f-ó3 v rpproved by: Apr-99 . e " " ~ ~ e M .:; < ~~ ~O M~ 'M< ~~~ O~< 00 o "~~ ~<O <~ ~~~ "O~ ~~H ~~U o " ~ 00 00 H ¿ ~ X ~ ~ H ~ M ~O <0 >N 0' ~~ ~" ~, <~ o " ~ ~~ ~O H O~ Z< 00 ~ X " , , , , , , , , , , " , ~ , ~~ ;:;Š' 00 ¡¡~, ~ X " , , , , , , , , , , , , , , , , , , , Z o H ~ ~~ "H ~~ HU ~ " o ~ Z ~O OZ U U < " ~ 0" ,~ "'< UO '" X U '" Z '" ~ N N " ·0 OZ ~ "~O ~~Z ZU ~ ~O 0> o Z " > ~ '" OU ZH 00 ê~z "'H > M " M " ~ ~ ~ ~ ~ ~ '" 00 Z '" " ~ ~ ~ < o 00 ~ < ~ ~ ~ o o Z '" > N o o M M " ~ o ~ o " , " o o M o o N , ~~ ~" ~, "~ ~O ~ o ~O < H ~ o ~ ~ ~O ~ "'N ~" <0 ~O ~ > o < ~ ~ ~ N" O~ 000 ON o o o o 00 ~ " 00 ~ " o Z ~ ~ " ~ 00 00 < ~ U ~ < ~ ~ ~ o o Z " > o o ~ o ~ ~ ~ ~ o o ~ , o ~ N M o o N , ~ " , ~ o o o ~ o ~" ~" M -" 000 ~O ~ " '" ~ < ~ o O~ OM O~ O~ 0" 00 00 " " o 00 00 " " o ~ ~ o o " , o " ~ o M # ~ ~ o ~ ~ o o Z " > ~ Z H ~ ~ Z '" o " o o N o " N o o o o , " o o M o o N , ~ " , ~ o ~O ~O o ~ ~ ~ 00 H Z HN ~OO ON <" o 00 " H ~M ~O <, " M , MO ~" ~ , "" 0' 00 0" ~O ~O o ~ ~ ~ H ~M ~OO ON <" o 00 " H< ~M ~O <, " M , ~O ~" ~ "" 0' 00 0" ~ ~ 00 O~ N" N~ MO ~N ~ ~ " ~ M " ~ M ~ ~ ~ o ~ o , ~ ~ < ~ # ~ Z H ~ < ~ o ~ ~ o o Z " > 0000 "'" UU HH » ~~ "'" 0000 ~~ "'"' HH ~~ 00 "'''' ~~ « ~ ~ Z " o " o o N o " N , o o o o " o o M o o N , ~ " , ~ o 0000 ~~ ",NN """ UNN ~ ~~O O~O ",NM "H" ~OO 00 ~ o '" ~ < ~ " ~ NH~ OH" 000 O~~ o ~ M ~ M 00 ~ ~ o ~ ~ o o Z '" > 00 "" 00 ~~ NN ~~ ~~ , , 00 "" 00 yy 00 ~~ NN MM 00 00 NN " ~~ "" " ~~ 00 00 00 o o o o ~ N " ~ N " " " M o , 00 ~ ~ o '" ~ o o Z " > ~ ~ ~ ~ '" ~ "' ~ 00 ~ ~ ~ o " o ~ N N ~ ~ o M o , ~ ~ M M o o N , ~ " , ~ o o o Z Z ~ ~ H~ ~~ "~ ~" o _0 Z o ~ < '" o ~ ~ N o o O~ o o ~ ~ o o ~ ~ o Z ~ ~ " ~ 00 "' < ~ U ~ < ~ o ~ ~ o o Z " > o o ~ o ~ ~ ~ , ~ o o ~ , o ~ N M o o N , ~ " , ~ o o o " H Z Z o U M _N ~M "H ~O ~O ~ " < . ~ o O~ 000 O~ O~ 0" o o ~ ~ o o ~ ~ ~ " ~ U ~ ~ N ~ < '" o '" " o o z " > ~ X " ~ ~ o " " " ~ o N , o ~ M " ~ o ~ o " , " o o M o o N , . 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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. I Fund# Fund Name Date Manual Void 10/312003 Checks Checks AP CHECKS A94264-94419 1 GENERAL 94,848.31 2,407.28 100 COPS-SLESF 110 Traffic Safety 524.02 150 Streets & Roads 5,739.44 180 LLA Districts 4,985.92 250 Dev Services 10,345.50 260 Environmental 10,805.68 270 Housing & Comm 290 Recreation 7,370.30 291 Teen Services 616.60 292 Facility Ops 390.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 1,311.28 351 Public Safety 352 Infrastructure 127.20 353 Facility 354 Park and Trail 51,411.36 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD#3 2,120.00 800 Deposit Agency ISubtotal 190,595.61 2,407.28 PAYROLL CHECKS: 829392-29421 TOTAL ...... ,.. ., rre~ Date: I ntML /0- êf-()3 v rpproved by: I Apr-99 . · · ~ A 00 Þ ~ ~ H ¿ ~ 00 ~ 00 ~M N M M N N ~~ 0 0 0 00 0 00 0 ~~ø ~ 0 0 0 0 0 0 ~ ø~ ø N N 0 0 ~N ~ 0 0 00 0 O~ ~ 000 ~ 0 0 0 0 0 0 þ,"" ~S NØ ~ ~ ~ ~ ~ NN . 0 0 ~~ N ~~ ~ 000 0 0 0 ~ ~ 0 0 NØ ~ ~ ~ N N ~N ~ N N ~M M MO M ~~~ ~ N N N N ~ ~ AO N~ 0 M M ~ ~ ~ ~ M~ ø ~~ ~ ~ ~ ~ ~ ~ ¡¡~ ~ ~N ~ ~ X " . 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Services CITY MANAGER: DEPTHEA~ PREPARED BY: Jesse Baloca SUBJECT: June 30, 2003 Fiscal Year End Budget Monitoring Report and 1" Quarter 2003/2004 Update RECOMMENDED ACTION(S): 1. Accept the Budget Monitoring Report for the fiscal year ended June 30, 2003; 2. Approye resolution to carry oyer pending Purchase Orders from FY 2002/03 into FY 2003/04, and carrying forward their related appropriations. REPORT SUMMARY: The accompanying reports represent the un-audited year-end reyenues, expenditures and fund balances in all City funds for the twelye months ending June 30, 2003. Further adjustments may be necessary to reflect the annual financial audit. The final audited financial statements will be disclosed in the June 30, 2002 Comprehensiye Annual Financial Report (CAFR) that will be presented to the City Council in Noyember. FINANCIAL REPORTING SUMMARY: General Fund - Changes to Fund Balance As you may recall during the mid-year process (February 2003), the City implemented yarious cost containment measures and reyised reyenues in response to the continued economic downturn and the goyernor's proposed VLF take-away. The City's General Fund had anticipated for the worst-case-scenario, depleting the Undesignated fund balance to zero and projecting a June 30, 2003 fund balance just aboye $4 million. With the continuation ofVLF backfill reyenues, one-time reyenues and a reyisit of department expenditure estimates, General Fund ending fund balance closed the fiscal year at approximately $5.2 million, with a growth in the undesignated reserve to $470k. Although a few General Fund programs did exceed budget, other programs experienced sayings or were delayed proyiding an offset that allowed the General Fund to remain oyerall under budget at year end. Since not all plarmed expenditures had actually been incurred (Council contract approyed, service actually ordered or rendered,) at year end, a carryoyer process needs to occur where approyed programs that were unspent are re-appropriated to the following year/current year 2003-04 budget. The total carryoyer impact to the general fund is $606k, as detailed in Attachment B. The carryoyers haye been designated below as a separate General Fund reserye. The following is a General Fund ur:-all~ited financial summary as of June 30, 2003: General Fund - Preliminary June 30, 2003 (in thousands) . Beginning Balance, July I, 2002 (audited) Operations: Revenues less Expenditures Transfers Preliminary 6,970 Net Operations 2,486 (1,381) 1,105 (2,864) 5,211 Net Non-Operations Ending Fund Balance, June 30, 2003 Breakdown of Reserves: Operating Economic Uncertainty MIS & PERS Undesignated 2002/2003 PO Carryover 2,367 1,500 268 470 606 5,211 Citywide Perspective . Since last years financial audit, the June 30, 2002 fund balance of approximately $13 million for all operating funds primarily reflects transfers dedicated to CIP projects ($5.8 million net) and fayorable operations of $1.7 million, resulting in a year end operating fund balance of $9.3 million. (One-time library expansion project is excluded for comparatiye purposes). . The following summary reflects the change in fund balance for all City operating funds, which excludes the multiple-year CIP and Library Expansion project, during the fiscal year 2002-03: Change in Fund Balance (in thousands) For the Fiscal Year 2002103 Audited Operations, June 30, 2002 $13,469 Transfers bit Operations & CIP (major) North Campus Property Federal Grant - Gateway Improvements Development Services Park Development CIP Savings Net CIP Transfers Favorable Variance, FY 2002/03 Activity Operations June 30, 2003 (Unaudited) (3,500) (2,006) (120) (547) 325 (5,848) 1,685 $9,306 . 20f5 . . . Since the mid-year, the following highlights haye contributed to the fiscal year 2002/03 fayorable operations: · ContinuatioT\ ofVLF backfill'p~yments tirrot¡gh;tbe second half of the fiscal year, $589k. As you may recall, this reyenue source was remoyed from reyenue projections during the mid-year process; · Prior year CIP Federal and County grant reimbursements, $200k; · One-time engineering fees for a retirement deyelopment community, $220k; · Expenditure increases such as legal/litigation services, code enforcement, rising cost of workers compensation, higher utility costs as a result of park improyements, etc.; · Delay in the timing of expenditures for programs such as the payement management, City Hall alarm system, and the Webtrac software (Attachment B), $625k; · Additional levy to establish required leyel of debt service reseryes, $282k. (For a more detail analysis of the City's Major Operating Funds please refer to the 2002/03 Budget Monitoring Report for the Fiscal Year Ending June 30, 2003). PURCHASE ORDER CARRYOVERS As mentioned earlier, quite often goods and services planned during the fiscal year may not haye been completed. In some cases, the outstanding purchase orders (PO's) should be carried oyer into the new fiscal year if not already anticipated during the budget process for the next fiscal year. The PO carryoyer process reestablishes the PO in the new fiscal year, and also carries forward appropriations that were not spent in the preyious year into the new fiscal year. The total amount of the FY 2002/2003 PO carryoyer request is $2,149,273 and is detailed in "Attachment B." The carryoyer impact to the General Fund of $88,150 and $518,432 in street fund transfers, reflects in large, the delay in program spending. Therefore, it is recommended that the outstanding PO's be approyed for carryoyer into FY 2003/04. In all other funds, sufficient appropriation remains at year end by more than the PO carryoyers requested, including the $1,510,888 fund balance for inyoices not receiyed or paid for the Library Expansion Project. 1ST QUARTER 2003/2004 BUDGET AMENDMENT Reyenues & Expenditures - reyised Additional amendments to current fiscal year result from the passing of the States budget and new business actiyity not anticipated during last Spring's deyelopment of the 2003/2004 Operating Budget. The VLF take-away of one-quarters reyenue was characterized in the implementing legislation as a loan to be repaid to the City's in 2006. The likelihood of VLF reyenues being paid back in 2006 is uncertain; therefore, the fiscal year 2003-04 General Fund current reyenues haye been reduced by the amount of the loan in the amount of $3 72k. The projected 2003/2004 Net of Operations has been netted against the VLF take-away to produce a $55k positiye projection that is shown in the table below. Last July, the Council also approyed a legal settlement in the amount of $96,000, which was unanticipated and needs to be accounted for in the reyised budget. 30.f5 Expenditure Appropriation - no fiscal impact . Last May 2003, the professional services contract with Bill Gould Design was approyed for the VTA Restroom project by the City Council in the amount of $18,826. This project is grant by funded by Santa Clara VT A and will haye no fiscal impact to operations. These reyisions to reYenue projections and expenditures haye the following projected impact to the June 30, 2004 Net City Operating Budget: General Fund Status of Net 2003/04 City Operating Budget As projected September 30, 2003 (in thousands) Final Undesignated Fund Balance 470 Projected 2003/04 Net of Operations, Less VLF One-time Take-away 55 Legal Settlement Agreement (96) Adjusted Net of Operations (41) FISCAL IMP ACTS: Purchase Order Carrvoyers The fiscal impact of carrying oyer the recommended POs is that $2,149,273 will be added to current FY 2003/04 appropriations unspent from prior year planned programs. . FY 2003/04 Budget Amendments The combined impact of the unanticipated reyenue reduction (i.e. the VLF take-away) and unanticipated expenditure for a legal settlement agreement had the affect of causing a negatiye balance to net of operations as of June 30, 2004. Staff will prepare options to offset this negatiye balance during the mid-year budget process, if necessary. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The consequences of not approying the Purchase Order carryoyers is that goods and seryices ordered or contracted during Fiscal Year 2002/03 will haye to use current FY 2003/04 appropriations, thereby reducing funds ayailable for current year actiyities. In the instance where appropriations are not sufficient in the current year to fund the carryoyer PO, the related goods or service may need to be terminated, or staff will be required to return to City Council at some future time to request additional appropriations to fund current year actiyities. ALTERNATIVE ACTlON(S): Deny the Purchase Order carryoyers, and require staff to return to the City Council to request additional appropriations to fund these actiyities later in the current year. FOLLOW UP ACTION(S): Accept and file the reports, adjust the fiscal year 2003-04 budget accordingly. . 40f5 · · · ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A - Resolution to carryoyer specific Purchase Orders from FY 2002/03 into FY 2003/04 Attachment B - FY 2002/03 Purchase Order carryoyer detail Attachment C - 2002/03 Budget Monitoring Report 50f5 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003/04 OPERATING BUDGET TO INCLUDE THE CARRYOVER OF AUTHORIZED PURCHASE ORDERS FROM FISCAL YEAR 2002/03 AND NEW ITEMS FOR 1 ST QUARTER 2003/04 WHEREAS, On June 30, 2003, the City of Saratoga ended its 2002/03 fiscal year; and WHEREAS, the books and records of the City are in the process of being analyzed, adjusted and closed; and WHEREAS, some goods and services ordered by Purchase Order (PO) during fiscal year 2002/03 haye not been completed, and should be carried oyer into the new fiscal year; and WHEREAS, the PO carryoyer process re-established the PO in the new fiscal year, and also carries forward appropriations that were not spent in the preyious year into the new year; and WHEREAS, the city also has new items of business that haye occurred during first quarter 2002 that require an amendment to the current 2003/04 operating budget. . NOW, THEREFORE, the City Council ofthe City of Saratoga hereby approyes as follows: Section 1. 2002/03 Purchase Order Carryovers The following Purchase Orders and related appropriations are carried oyer into Fiscal Year 2003/04 Operating Budget: VENDOR AMOUNT PROGRAM DESCRIPTION General Fund Vermont Systems $ 15,450 MIS Webtrac Recreation Online System ECS Imaging 7,040 MIS Document Imaging System, 2 user licenses CTG 5,795 MIS Imaging server to complete upgrade process CTG 5,965 MIS Main City file server upgrade Fire Alarm Company 48,100 Facilities Fire Alarm System - City Hall, Theatre, Warner Hutton Fire Detection Unlimited 5,800 Facilities Fire Alarm Consultant Total General Fund $88,150 Streets & Roads G. Bortolotto & Co. $357,828 Street Maint. Pavement Management Program . G. Bortolotto & Co. 150,000 Street Maint. Slurry Seal Creek Mtn. Landscape 604 Street Maint. Repair sunken brick patio at City Hall San Jose Conservation 10,000 Sidewalks & Trails Trail repairs at various locations Total Streets & Roads $518,432 Environmental Programs HT Harvey & Assn Bay Bioanalytical Lab Total Enyir. Programs e 7,421 Storm WtrMgmt. 7,500 Storm Wtr Mgmt. $ 14,921 W. Valley College riparian mitigation plans Testing for storm water pollutant tracing Recreation Century Graphics $220 Recreation Adult camp shirts Facilities Sound System Co. $16,662 Theatre Ticket Surcharge New sound system for Civic Theatre Library Expansion (Various Vendors) 1,510,888 Library Expansion Remaining fund balance for expenditures not paid by year end Total PO Carryoyer $2,149,273 Section 2. 2003/04 New Business Items The following new items were not anticipated during the deyelopment of the 2003/04 Operating Budget and require an amendment to the budget as follows: . Revenues Vehicle License Fees Amount Fund/Reason ($ 372,000) GenerallVLF Take-away from State Budget Process Expenditures General/Legal Services Environmental/Waste Mgmt. Total New Request 03/04 Amount $ 96,000 18,826 $ 1 ]4,826 Reason/Funding Source Legal Settlement Agreemen1fUndesignated Reserves VT A Restroom Projec1fSanta Clara VT A grant The aboye and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2003 by the following yote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: e Cathleen Boyer, City Clerk - 0 '" " '" .... 'S '" 0"' 0.. e '" '" .... 2 0 0 OJ) OJ) .~ .... 0 '" '" 'i:i '" '" .!?!> '" 0 ¡: - '" '" OJ "" '" '8 0.._ 0 0 u ..c '" g; ....- ] ~ 'õ þ OJJ -0 u 2 0'" 0 > 0 '" 'õ ,,> '" , .S i:J ] 0 0.. '" ._ 0 0.. <') '§ > '" .... .S ª' '" "'0.. .~ 0 OJ) '" 0 0 Œ .... u Uo.. 0.. '" I .... 2 §'" '" 'i:i ;§ '\) -0 '" 0 8 '" > o..:,=ö .$ .5 0 -0 '" '" 0 0 0'" '" 0 ,3 '" '\) '" -0 0.. 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'" '" .~ ...; ..c .~ -0 - - 0 § '" on '" " ~ '" OJ) u " -0 0 0 ...¡ c ~ - Q(j .;; ~ on 0 -0 '" 0 .. ~ ~ 0 .. -;;; '" c '" 'B B - ~ c 1;; s,> 0 " CIJ '50 " ~ ~ 0 0 U CIJ C 0 >.L¡ " ~ " d '" iô '" Õ - '" '" '" >< 1>.< '03 ~ :2 '" "$ 1: 0 -;;; " (/J '" J:o< o " ò~ f-< o( t: '" 5 '" i:í:ì 0 è ¡.¡ '" -; - 5- 0 0 0 ~ ~ ~ §:r:: õ ~ '" on -0 0 ~ .. b .S¡ " t·¡:; - CIJ ~ ¡:Q ¡:Q f-< - 0 ... .... r-J~ '" ¡: 0 ~ 0 :s '" '" '" U .... cj cj '" .~ ~ '" '" 0 '" '" 1-< " > >.L¡ U~ ~ ~ U CIJ ¡:Q ... U .¡:¡ ...> '" (/J '" 0 ~ .. ,.Q '-' 0 ... ;J CI) r-:I J:o< City of Saratoga, California . ·~~~:;¡~¡;-"~;&;j;¡'?J~:i'>"'~.1,;:.(j':~_~;¡')"i;;·:·.:':;'7,qÖY"'Å~F';:;,7i;,"%:V'~iYK~~~~ 2002/03 Budget Monitoring Report For the Fiscal Year Ending June 30, 2003 @~.~ ~~v: ..."'k.'¡;',.' ., ~((]). . ..... ..,."""~,,.¡:'" .'&;t.,. ~. ~. . , ~*~~:>$' <- ~ ' '**,:~, j"~~ ¿;¡. '''r''''~<>'i\f . . "~t~'" 'f1> ©:-,IJ . "':~""''''. , . ii~ '1>, , ,...,. ...;,¿ . . · · · Ii 1;,"" . "ð t:;; , ... ... "'.\~? Ø!: ~'(<< "" . "'l.'1rh~ City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 The Administrative Services Department produces the Quarterly Budget Monitoring Report with input trom all City departments and the Finance Commission. This report is intended to provide an overview of year- to-date financial activities that have taken place through the reporting period, with a focus on activities ofthe most recent quarter. The structure of this presentation begins with an overview of citywide information to specific General, Special Revenue, and Capital Fund information organized by revenue categories and program expenditures. Excluded is debt service, agency, and grant fund activities since they are normally excluded trom the operations planning process. If you have any questions, comments, or suggestions please contact Jesse Baloca (408) 868-1212. TABLE OF CONTENTS Page Executiye Summary Overview... ... ... ... .... ..... ... .... ........ ....... ....... .... ... ... ..... ... ....... ............... ... ...... 2 Operatiug Revenues General Fund .... ..... ... ......... ... .... ..... .......... .......... ..... ......... ......... ............ ........ 6 Other Funds ... ..... ....... ................... ......... ....... ........ .... ........ ...... ......... ... ......... 8 Operatiug Expenditures General Fund ...... ... .... ......... ... .......... ........ ............ ......... .......... ........ ....... ....... 1 I Other Funds: ... ......... ...... ... ......... ... ... .... .... ...... .... ... ...... ... ... ...... .... ........ .......... 12 Capital Improyemeut PIau (CIP) ........................................................................... 14 Reader's Guide ... ... ............... ...... ........... ...... ... ......... ...... ..... ....................... ....... 15 Page 1 Q ~~t '" %,,~';;; City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . EXECUTIVE SUMMARY OVERVIEW Bottom Line - General Fund Net Operations $1.1 Million Year Ending June 30, 2003 · General Fund ends the fiscal year with an ending balance of $5.2 million, approximately $200k above official projections developed during the City's Spring 2003 budget process. Favorable operations primarily reflect the City's continued receipt of Motor Vehicle License Fees (VLF), one-time revenues from sources such as the Odfellow project and Vessing Road assessments, and reduced transfers that ret1ect program timing such as the City's pavement management program. The Undesignated Reserve or amount available for operations totals $484 thousand at fiscal year end. Note: The timing delay of specific purchase orders carried into the next fiscal year has been segregated into a new reserve, 2002/03 PO Canyover. · Year ending balances for Other Operating Funds also ended the year above projections, which primarily ret1ects one-time development service revenues aud a combination of expenditure savings and the delayed timing of program expenses. The Development Services Fund and Environmental Fund ended the fiscal year with balances of$J.3 miJJion and $797k as compared to Spring projections of$J.2 miJJion and $667k, respectively. · Non-ret1ective of operations, overall fund balance declined trom $1 1.6 miJJion to $7.3 million from the transfer of$5.4 million to the City's Capital Improvement Program (CIP) for the North Campus purchase and transfer of Federal grant monies for the Gateway Improvement project. . · As you may recall, various cost containment measures were implemented at the mid-year in reaction to the continued economic downturn and the Governor's previous proposal to offset the State budget deficit with the take-away of certain local revenues, such as $589k from the VLF. · A continued hiring fteeze on vacant positions; · A consolidation of two City Manager Office positions into one; · Initiating a holiday furlough; · Limiting the growth to the capital improvement program budget; and · Across the board reductions to various other City programs Revenues - Proposed Take-Away Not Lost, One-Time Sources Offset to Economic Downturn · The City's three major revenue sources (property tax, sales tax, and motor vehicle liceuse fees) comprise 58.9% of the General Funds budget, as revised at the mid-year. With the continued receipting ofthe VLF backfill and property tax receipts that were 2.]% above projection, actual major revenues comprised 63.5% of the General Funds revenues at fiscal year end. · Although sales tax projections exceeded projections, projections were revised downward by 10% at the mid- year. Reflective of the economic downturn, sales tax revenues have fallen 17% trom fiscal year 2000-0 I. · Franchise fees reflect a recent decision by the Public Utilities Commission to withhold tranchise fees on power sales to the CA Department of Water Resources (CDWR), pending dispute proceedings between CDWR and its customers against municipalities. · Streets & Roads Fund wiJI not required the full operating transfers amount as budgeted as a result of prior year Federal and County CIP reimbursements that were received during the third quarter. Projected revenues were sufficient to balance out the fund at year end. . · Development Services Fund received an additional $274k in engineering services for the Odd Fellows project. Building permits also reflect one-time receipts from the Odd Fellows project, as revised and adjusted at the mid- year. Page 2 e e . ÞII"'~"'!ê'¡, '" ",'. ",' t.~ .',~ . ."'- ~<; (:) 31 ;~~ "'i.,"T?;O";'" City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . Recreation revenue projections were adjusted at the mid-year to reflect an increase in camp participation, classes and special events. Yariance primarily reflects Teen Service revenues that were less than projected and General Fund operating transfers that required less than amount of budgeted support. All Fund Revenues In ODD's Variance YTD 2002103 Favorable Year End Fund Actual Budget (Unfavorable) % of Budget General $9,350 $8,694 $656 107.5% Other Operating: Streets & Roads 1,676 1,373 303 122.1% Development Svc's 1,719 1,314 405 130.8% Environmental Prog. 564 587 (23) 96,1% Recreation Svc's 940 966 (26) 97.3% Subtotal $4,899 $4,240 $659 94.0% Total Revenues $14,249 $12,934 $1,315 110.2% Total Transfers 1,658 2,709 (1,051) 61.2% Total All Fund Revenue$ $15,907 $15,643 $264 101.7% The following graph displays projected full-year revenues, transfers excluded, as compared to budget for the General Fund and Other Operating Funds. For more detailed infonnation refer to the Operating Resources section of this report. Revenues by Fund Category (In Thousands) 10.000 I Iii 02/03 Actual I I_ 02/03 BUdge~ 8.000 6.000 4,000 2,000 General Fund Of her Operating Funds Expenditures - Cost Containment Strategies Implemented, Year end Expenditures Below Budget · General Fund expenditures ended the fiscal year at 99.5% or $33k below budget Although some programs did exceed budget (Le. legal fees, code enforcement), saving in other programs were sufficient to provided an offset requiring no adjustment to budget appropriations at the fund level. However and as mentioned earlier, the delay of expenditures is what allowed operations to remain positive at year end. The application of carryovers into the 2003/04 fiscal year will impact the projected surpluses of the General Fund, · Additional General Fund savings are reflected in the reduced amount oftransfers made to the Street & Roads Fund, which was supported by offsetting revenues that included prior year Federal and County CIP reimbursements, · The delayed timing of expenditures in programs such as the pavement management also contributed to the favorable budget variance to General Fund transfers and favorable expenditure variance in the Streets & Roads Fund. Page 3 Q ~mW ~"'~~\>" City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . · Development Services Fund exceeded budget by approximately $50k or by 2.6% of budget. Additional contract services were required to support the additional geology/engineering revenues received in excess of projections. A year end appropriation adjustment is required to acknowledge the cost associated with those revenues. · Revenue projections in the Recreation Fund increased by $40k at the mid-year to reflect an increase in program participation. The increased costs of program participation to support the additional revenues will require a year end appropriation adjustment. All Fund Expenditures In OOO's Variance YTD 2002103 Favorable Year End % Fund Actual Budget (Unfavorable) of BUdget General $6,432 $6,465 $33 99.5% Other Operating: Streets & Roads 2,507 3,209 702 78.1% Development Svc's 1,994 1,944 (50) 102,6% Environmental Prog. 590 745 155 79,2% Recreation Svc's 1,519 1,551 32 97.9% Subtotal $6,610 $7,449 $839 87.7% Total Expenditures $13,042 $13,914 $872 93.7% . Total Transfers 7,165 7,908 743 90.6% Total All Fund Expenditures $20,207 $21,822 $1,615 92.6% The following graph displays estimated full-year expenditures compared to budget for the General Fund and Other Operating Funds. For more detailed information refer to the Operating Expenditures section of this report. Expenditures by Fund Category (In Thousands) 7,600 7,400 7,200 7.000 6,800 6,600 6,400 6,200 6,000 5,800 ~-~'-'~-, I tm 02/03 Actual i , . 02/03 Budget i General Fund Other Operating Funds Fund Balance · Overall, major City operations ended the year favorably with fiscal year activity at $689k (operations and operating transfers) as of June 30, 2003. Favorable activity primarily retlects the City's imp1ementation of mid- year cost containment measures, continued receipt of VLF that were removed trom projected revenues at the mid-year, one time revenue sources that provided an offset to the economic downturn, and a combination of expenditure savings and the deJayed timing of program expenditures. . Page 4 . M""·';;("""· Æ' ~, .;> ",.' "'*.' l~/··""· "'It, ""v:..;~ City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 · General Fund - Following the City's financial audit, the General Fund began the year with a beginning fund balance of $6,970 million, which was $300k above budget projections. Reduction to fund balance primarily reflects positive operations of$l, I million against net non-operating transactions of$2.8 million resulting in an ending General Fund balance of$5.2 million, One-time transfers affecting the General Fund include $3.5 million used to purchase the N. Campus property, returning the administration of the low-income housing loan program back to the County, segregating the remaining AT&T settlement proceeds to a separate KSAR trust fund, and the return of$325k in CIP savings rrom the 4th Street Bridge and Warner Hutton House Improvement projects, I i ; · The June 30, 2003 genera] fund reserve balance (un-audited) is broken-down as foHows: - Operations Economic Uncertainty MIS and PERS Replacement 2002/03 PO Carryover Undesignated $ 2.367 million \.500 million .268 million .592 million .484 million $ 5.211 million - · The Streets & Roads Fund began the year with a fund balance that included $2,006 million in "Gateway" project grant monies that have been carried over from prior fiscal years. Remaining project monies were transferred to the 5-year CIP during the fiscal year. Gas tax revenues, grant monies, and general fund transfers have primarily supported the operations of this fund. . · The Development Services Fund implemented a new fee structure, which delays the recognition of a planning deposit till work completion has occurred. The unfavorable operations primarily reflect the economic decline with revenues as weH as the change in revenue recognition. During the year, $]20k was transferred to the 5- year CIP in support ofthe SeaguH Traffic project · Environmental Program beginning fund balance of $823k is $360k above budget, which assumed that aH 200J/02 expenditures were to be paid by June 30, 2002, However, not aH 200J/02 invoices were received by the City for payment till current fiscal year 2002/03. As a result of late invoices received by the City, current operations consist of additiona] expenditures paid rrom the prior fiscal year, · The Recreation Fund represents the self-funding of recreation programs that are fully supported by program revenues. General Fund transfers support the indirect costs associated with the recreation programs as well as operating support to the Teen Services, Facility, and Theatre Ticket Surcharge programs. Fund Balance - All Funds In OOO's Beginning Operations Non-Operating Projected Fund Balance Rev - Exp Transfers Revenue Transfers Ending Balance General $6,970 $2,486 ($1.381) $432 ($3,296) $5.211 Other Operating: Streets & Roads 2,121 (831) 716 ($2.006) 0 Development Svc's 1,717 (275) (120) 1,322 Environmental 823 (26) 0 797 Prog, Recreation Svc's 0 (579) 579 0 0 . Subtotal $4,661 ($1,711) $1,295 ($2,126) $2,119 Total $11,631 $775 ($86) $432 ($5,422) $7,330 Page 5 Q ~[ i¡ ~:~i~",,?" City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . OPERATING REVENUES GENERAL FUND In a Snapshot · The City's three major revenue sources (property tax, sales tax, and motor vehicle license fees) comprise 58.9% of the General Funds budget, as revised at the mid-year. With the continued receipting ofthe VLF backfill and property tax receipts that were 2.1% above projection, actual major revenues comprised 63.5% of the General Funds revenues at fiscal year end. · Although sales tax projections exceeded projections, projections were revised downward by 10% at the mid- year. Reflective of the economic downturn, sales tax revenues have fallen 17% fTom fiscal year 2000-01. · Franchise fees reflect a recent decision by the Public Utilities Commission to withhold iTanehise fees on power sales to the CA Department of Water Resources (CDWR), pending dispute proceedings between CDWR and its customers against municipalities. General Fund Revenues In OOO's Variance YTD 2002/03 Favorable Year End % Actual Budget (Unfavorable) of Budget Taxes: . Property $2,929 $2,870 $59 102.1% Sales 1,118 1,102 16 101.5% Transfer 268 224 44 119.6% Construction 591 500 91 118.2% Trans. Occup. 161 186 (25) 86.6% Subtotal Taxes $5,067 $4,882 $185 103.8% Franchise Fees $933 $970 ($37) 96.2% Motor Vehicle Lie. Fees 1,896 1,152 744 164.6% Licenses & Permits 354 333 21 106.3% Fines & Forfeitures 62 62 0 100.0% Miscellaheous 1,038 1,295 (257) 80.2% Revenue Subtotal $9,350 $8,694 $656 107.5% Transfers 363 363 0 100.0% Total GF Revenues $9,713 $9,057 $656 107.2% Current Highlights: . The following graph represents the City's three major revenue sources (property tax, sales tax, and motor vehicle license fees), which comprise 58.9% of the General Funds budget, as revised at the mid-year: GENERAL FUND MAJOR REVENUE PROPERlY TAXI SALES TAXI MOTOR \lEHICI.EUCENSEFEES 1999·2000 :zow-zOOt 2001-2002 2002·2003 July 216,945 212,361 238,360 24],]15 A'g 226,512 236,033 340,285 280,997 Sept 254,458 317,077 243,222 245,029 0" 409,198 410,558 186,575 5]8,318 No. 287,241 301,24] 422,448 400,226 Deo 570,290 797,644 ],036,793 !,054,242 J," 357,418 367,502 535,27& 587,387 'ob 270,939 311,633 291,254 ]08,/21 March 327,177 327,343 415,314 400,071 April 449,334 541,411 770,595 891,637 M,y 266,672 299,787 354,931 383,289 June 403,935 424,004 498,227 52],758 YTD 4,040,119 4,546,594 5,333,282 5,832,190 I ~.200,OOO GëNERAI.FVNDMAJOI=!.REVëNUE 1,000,000 800,000 19S9-2000 ····.(000.2001 _WQ1_2000 -2(1)2.2000 . ,",,000 ,"",000 000,000 o· )y.~r#'d'~(j'~ ),.p,<;P#¡J-.¡f~#>~ff Page 6 iI·'. '.~~"'"~.I) ¡;~ ,.,¡t:, , . \\!? Id- ~ø~ .... 'fJ¡"100'Z.'i? City of Saratoga Budget Monitoring Report e Year Ending June 30, 2003 · Property Taxes end the fiscal year at $2.929 million, exceeding budget projections by $59k or 2.1 %. The following chart illustrates historical data on a cash basis. PROPERTY TAX 001-1040-411-01-00/02-00 1999-2000 2000-2001 2001-2002 2002-2003 July 3,903 6,6SJ ]0,602 10,679 Aug ],612 2,003 5,145 19,476 Sept \,583 2,579 3,013 1,679 Oct ]34,663 133,618 4,274 288,341 Nov 67,392 6S,ßOS 140,782 174,802 Dee 363,930 531,274 824,188 840,]]6 Jan 149,862 147,621 309,580 33],354 Feb 3,369 5,735 7,663 6,923 March 83,565 82,008 204,917 206,546 April 241,826 306,532 548,492 643,925 May 57,563 65,522 133,095 143,800 June 127,091 138,462 245,342 259,245 YTD 1,236,359 1,487,810 2,437,093 2,926,887 (The above chart excludes a financial reporting accrual of$2k). 900.000 "".000 700,000 "".000 "'.000 400,000 300,000 900.000 PROPERTY TAX 1999-2000 ·······2000-2001 -2001-2002 -2002-2003 100,000 I o -~I I 1 ):j>.~<:1<:¡'-oò-#('i' )<5'«§>~;p ./'~"').ß' 250,000 200,000 150.000 100.000 50,000 o >~' · Although sales tax revenues were above year end projections by $12k or 1.4%, overall projections were adjusted downward by 10% at the mid-year. Reflective of the economic downturn, sales tax revenues have fallen 17% rrom fiscal year 2000-01. TOTAL SALES TAX 001·104(}"412-01_00/02_00 1999-2000 2000-2001 2001·2002 80,382 75,068 97,555 107,592 99,324 ]25,283 70,4]6 166,816 69,678 152,776 85,180 93,898 ]02,698 ]10,903 12],982 1]6,379 150,974 97,275 82,3]1 95,357 98,512 108,167 124,354 116,457 ]23,615 122,318 72,445 66,239 8!,267 79,153 85,934 104,242 ]02,282 135,366 ]33,690 90,693 1,231,875 1,349.493 1.165,213 2002-2003 75,300 101,114 79,777 87,862 112,269 94,896 85,907 ]16,105 78,196 72,006 93,201 121,76! 1,118,394 e July Aug Sept 00< N" Deo J," F,b March Aprìl M,y June YTD 180,000 160.000 140,000 120.000 100.000 80.000 60.000 40.000 20,000 o ):t> .¡f'- <:1<:1'- OÒ- # 0'" )<5' «'l"'" ~i..';;- .$Þ'" )$0 TOTAL:.>ALESTAX /==1999:2000' ,·······2000-2001 ;-2001_20{)2 '-2002·2003 · At the mid-year, a conservative adjustment to the budget included the reduction of$589 in VLF backfill, as previously proposed by the Governor in December 2002. Cash receipts at year end have exceeded the mid-year revised by $635k or 55%. MOTOR VEHICLE LICENSE FEES 001-1040-432_01_00 1999·2000 2000-2001 2001-2002 2002-2003 July 132,660 130,642 130,203 155,136 Au!; ]17,308 134,706 209,857 160,407 Sept /82,459 147,682 170,531 163,573 Oct 121,759 191,760 88,403 142,115 Nov ]]7,]51 124,533 159,684 113,]55 Dee 89,981 115,396 115,330 !I9,230 Jan 125,245 124,524 ]27,186 170,126 Feb 159,403 181,544 167,134 185,093 March 119,997 123,017 137,952 115,329 Apri! 141,269 153,612 142,950 175,706 May ]23,175 130,023 119,554 146,288 June 141,478 151,852 ]62,191 140,752 YTD 1,571,885 1,709,291 1,730,975 1,786,910 (The above chart excludes a financial reporting accrual of$l 08k). . MOTORveUCLELlCENSEFEES f'. ~ 1)1 ,,/ c:¡ 'l'" ":'/1. V r-" ~I 1999_2000 ·······2000·2001 -2001-2002 -2002-2003 0è ",,0' ';,'1><:'- ,f'<' ..}'I>4. oJ> Construction Tax continues with a downward trend rrom prior years. However, one-time receipts rrom the Odd Fellows project have lead to an increase in projections rrom $300k to $500k at the mid-year. Actual receipts ended the fiscal year at $591k or 18% above the mid-year revised projection. · Page 7 II':....':. w,,~.\> fftfi'I'" ';0/ ".' . ''(; ~~:Q' · <J¿~¡¡,.,".?ffi' City of Saratoga Budget Monitoring Report July A'S Sept 0" Nov 0., J" F.b March April M" JlJne YTD Year Ending June 30, 2003 e 1999-2000 4],726 49,662 27,639 40,305 45,806 92,078 9,404 4,193 25,335 16,345 16,527 37,214 406,234 CONSTRuctION TAX OOI-1040-413~02-00 2000-2001 2001·2002 43,010 60,595 53,099 38,245 23,279 ]4,263 52,559 28,149 49,762 13,187 80,166 12,310 13.727 14,183 19,190 13,498 23,372 38,809 37,891 26,ßOl 41,9]6 47,680 40,059 49,445 47S,(JJO 357,165 ~ 11 ~ J1 CONSTRVCTJON TAX 2002-2003 47,432 7,948 51,492 33,203 6,7)! 8,24] 328,990 6,695 13,861 26,859 26,701 33,296 591,449 400,000 300,000 200,000 100,000 o ........ .... 1999-2000 ...... """,-"m _2001_2002 -2002·2003 , AI I , I I ~ ! ~ OTHER OPERATING FUNDS In a Snapshot · Streets & Roads Fund will not required the full opera¡jng transfers amount as budgeted as a result of prior year Federal and County CIP reimbursements that were received during the third quarter. Projected revenues were sufficient to balance out the fund at year end. · Development Services Fund received an additional $274k in engineering services for the Odd FelIows project. Building permits also reflect one-time receipts ITom the Odd Fellows project, as revised and adjusted at the mid-year. e · Recreation revenue projections were adjusted at the mid-year to reflect an increase in camp participation, classes and special events. Variance primarily reflects Teen Service revenues that were less than projected and General Fund operating transfers that required less than amount of budgeted support. Other Operating Fund Revenues In OOO's Variance YTD 2002/03 Favorable Year End % Actual Budget (Unfavorable) of Budget Streets & Roads: SI. Hwy. User $579 $613 ($34) 94.5% SI. FHWA Reimb. 199 0 199 N/A TEA 21 253 253 0 100.0% Measure B 377 377 0 100.0% Other Misc. 268 130 138 206.2% Revenue Subtotal $1,676 $1,373 $303 122.1% Transfers 716 1,720 (1,004) 41.6% Total Streets & Roads. $2,392 $3,093 (701) 77.3% Development Services: Geology/Engineering $408 $134 $274 304.5% Planning Fees 124 101 23 122.8% Arborist Fees 89 80 9 111.3% Permits - Building 1,001 910 91 110.0% Permits - Grading 28 46 (18) 60.9% Other Misc. 69 43 26 160.5% e Total Development Svc's $1,719 $1,314 $405 130.8% Environmental Programs: Environmental Fees $512 $535 ($23) 95.7% Other Misc. 52 52 0 100.0% Totai Environ. Prog. $564 $587 ($23) 96.1% Page 8 . .,'tþ$,\¡1'''~ ~I?, ~" . "'""'.'*'~ CIty of Saratoga Budget Monitoring Report Recreation Services: Camp Fees Excursion Fees Class/Special Events Other Sports Teen Services Facility Operations Theatre Ticket Surch. Revenue Subtotal Transfers Total Recreation Services Total Revenues Total Transfers Total Other Operatin9 Rev's Current Highlights: $188 78 443 58 27 130 16 $940 579 $1,519 $4,899 1,295 $6,194 Year Ending June 30, 2003 $180 90 445 60 41 125 25 $966 626 $1,592 $8 104.4% (12) 86.7% (2) 99.6% (2) 96.7% (14) 65.9% 5 104.0% (9) 64.0% ($26) 97.3% (47) 92.5% ($73) 95.4% $659 115.5% (1,051) 55.2% ($392) 94.0% $4,240 2,346 $6,586 . The projections for building permits were revised and adjusted ITom $725k to $910k during the mid-year process to reflect one-time receipts in January 2003 ITom the Odd Fellows project. Actual receipts $1.001 million exceeded those revised projections by $89k or 10% at fiscal year end. . PLANNING FEES PLANNING FEES 250_4010_444_01_00 1999-2000 2000_2001 2001-2002 2002·2003 ec.ooo- July 32,050 31,450 20,850 23,950 A'8 44,400 24,500 36,000 ]2,232 7(¡.OOO S'P' 44,000 43,000 15,400 2,223 "'.~ 0" 33,000 37,095 5,200 2,275 "'.~ 1999·2000 No" ]4,000 25,640 11,450 4,650 ..2000_2001 D" 27,200 75,503 15,000 5,179 _2001_2002 ¡" 25,550 23,133 23,700 14,124 "'.= -2002·2003 Fob 28,700 30,700 21,450 13,132 "'.= i March 45,100 ]],000 23,800 7,655 J ~I April 25,065 39,500 2],600 9,435 10,000 II î1 M,y 42,468 24,100 !4,800 11,872 June 30,550 50,790 19,100 17,148 ,,,,,,,,F<t...~ ,~,~/.,.t#,J' YTD 392,083 416,411 228,350 123,880 . Planning fees in the Development Services Fund experienced a one-time revenue shortfall, which reflects a change in accounting practice. During the fiscal year, the City implemented a new fee schedule, which does not recognize a paid deposit as revenue earned till the work has actually been completed. PERMITS-BUILDING PERMJT.$..SULDlNG 250-4015-422-01-00 1999-2000 2000-2001 2001-2002 2002~2003 :)00.000 . July 93,427 66,417 113,986 IIS,555 I Aug 111,468 140,188 91,537 57,175 :.!so.ooo ^ Sept 97,964 86,947 4],246 65,089 0" 81,746 123,153 62,535 98,992 200,000 1999..2000 NO' 94.100 92,113 45,047 27,082 .......2000-2001 0" ]10,134 119,586 28,957 26,967 150.000 _2001_2002 ¡." 50,659 62,124 56,172 246,292 .. _2002_2003 hb 51,059 64,138 45,988 46,639 100.000 March 74.134 68,142 115,549 80,694 50,000 II . April 79,440 126,324 ]18,710 84,089 M.y 87,]77 117,06] 65,912 75,460 0 June 144,421 89,751 215,909 74,355 ,'" 0' .' f it .,.' <1' ... YTD 1,082,329 1,156,544 1,001,608 1,001,389 Page 9 @ ¡!j ~ \~ "'fIJ,';;ø9 City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . . Environmental fee revenues are under projection by $23k or 43% reflecting lower sales. Expenditures have also been reduced, respectively, for the fiscal year. The following chart illustrates cash collections for the fiscal year, including a net financial reporting accrual of $1 Ok. ENVIRONMENTAL FEES 260-5005-444-03-00 1999-2000 2fJOO.2001 2001·2002 ZOO2-Zoo) "'.000 July 7],764 68,977 46,924 70,856 A'g 48,701 74,809 69,]09 4],281 00.000 Sept 27,048 40,264 35,509 29,382 70,000 0" 80,502 76,270 57,549 68,263 00.000 N" 44,401 40,688 59,261 39,299 50,000 D" 29,831 36,069 31,309 22,188 40,000 'M 53,740 47,227 57,]23 60,677 Fob 58,355 47,943 46,016 30,557 30,000 March 36,702 13,712 3[,468 24,916 20,000 April 65,394 58,744 59,479 65,960 10,000 M,y 50,983 50,085 44,320 34,938 0 June 38,585 38,915 32,673 33,610 YTD 606,006 593,703 570,740 521,987 eNlRONMI';NTAL FEES 1999-2000 .2000-2001 _2001_2002 _2002_2003 ~ I' ~ ~ ! . Recreation revenue projections were adjusted at the mid-year to reflect higher class/special event participation levels. Minor shortfall of$2k or .04% primarily reflects class cancellations. July A,g Sept 0" No" D" ¡M Fob March April M,y June YTD 1999_2000 11,072 67,015 29,305 9,763 13,211 37,014 56,204 6,]59 67,082 25,382 28,674 3,221 354,114 CLASS / SPECIAL EVENTS 290..6005-445-04-00 2000-2001 2001-2002 13,925 17,046 65,739 59,595 32,]09 29,592 15,886 18,]69 9,801 10,095 42,910 49,555 41,182 44,509 8,711 12,831 60,557 59,49) 35,831 51,099 33,683 58,053 15,432 22,427 382,432 432,461 2002-2003 22,499 69,179 38,018 12,566 11,818 62,388 32,816 4,225 76,833 37,307 38,189 37,044 442,882 CLASS (SPECIAL EVENTS 90.000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 o ')$> #'- -# ),Q-,#iJ" # . 1999-2000 -·2000-2001 _2001_2002 -2002_2003 . Page 10 . . . @ ''''''', ',~' .'d'.""'.. ."0' '?) H"'''' ,fi>'Y . ""'"N'~~· CIty of Saratoga Budget Monitoring Report Year Ending June 30, 2003 OPERATING EXPENDITURES GENERAL FUND In a Snapshot · General Fund expenditures ended the fiscal year at 99.5% or $33k below budget. Although some programs did exceed budget (Le. legal fees, code enforcement), saving in other programs were sufficient to provided an offset requiring no adjustment to budget appropriations at the fund level. However and as mentioned earlier, the delay of expenditures is what allowed operations to remain positive at year end. The application of carryovers into the 2003/04 fiscal year will impact the projected surpluses of the General Fund. · Additional General Fund savings are reflected in the reduced amount of transfers made to the Street & Roads Fund, which was supported by offsetting revenues that included prior year Federal and County CIP reimbursements. · The delayed timing of expenditures in programs such as the pavement management also contributed to the favorable budget variance to General Fund transfers and expenditures in the Streets & Roads Fund. General Fund Expenditures In OOO's Variance YTD 2002/03 Favorable Year End % Actual Budget (Unfavorable) of Budget General Fund Programs: City Council $90 $92 $2 97.8% Contingency 0 39 39 100.0% City Commissions 124 124 0 100.0% City Manager's Office 405 415 10 97.6% Legal Svc's/Risk Mgmt. 581 398 (183) 146.0% City Clerk 113 114 1 99.1% Equipment Operations 301 298 (3) 101.0% Financial Mgmt. 515 522 7 98.7% Human Resources 164 163 (1) 100.6% General Services 149 149 0 100.0% Facilities 637 705 68 90.4% Mgm!. info. sèrvices 274 308 34 89.0% Public information 29 29 0 100.0% Misc. Non-Dept Programs 3 3 0 100.0% Emergency Preparedness 18 20 2 90.0% Code Enforcement 85 74 (11) 114.9% Police Services 3,162 3,165 3 99.9% Animal Controi 178 195 17 91.3% Parks/Open Space 832 773 (59) 107.6% General Engineering 283 294 11 96.3% Advanced Pianning 86 89 3 96.6% Senior Services 45 41 (4) 109.8% Community Access TV 90 100 10 90.0% Economic Development 110 150 40 73.3% Hakone Gardens Park 90 147 57 61.2% Subtotal Programs $8,364 $8,407 $43 99.5% Less: Overhead (1,932) (1,942) (10) 99.5% Subtotal Expenditures 6,432 6,465 33 99.5% Transfers 5,040 5,782 742 87.2% Total General Fund Exp's $11,472 $12,247 $775 93.7% Page 11 ~~\);¡'ttø tI·····:;, 0"··· . ~ fl··;,",' . \,~ " a ¥~ ~.. w"?,,,""p City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . Current Highlights: · Legal Services reflect increased services and litigation expenses that were in addition to the monthly contract amount. During the spring budget process, additional services were anticipated to cost an additional $121k. The actual variance of$183k will require no budget amendment at the fund level since savings in other General Fund programs were anticipated to offset this variance. · The savings in Facilities primarily reflects $SOk budgeted for the City's alarm system, which has been delayed till next fiscal year. · The Code Enforcement variance of 14.3% above budget was primarily the result of costs associated with the Costa property enforcement and fence rebuild project. · Parks and Open Space variance primarily reflects an increase in workers compensation costs and the additionaÍ cost of park utilities that reflect an increase in park services. · Favorable variance of $40k in the Economic Development program primarily reflect cost savings of general services and the redistribution of the Administrative Analyst II position between other City programs, which occurred during the mid-year process. The original budget was reduced by $12k to reflect the consolidation of the Economic Development Coordinator and Administrative Analyst I position. · Favorable variance to the Hakone program primarily reflects $SOk budgeted for ADA improvements that became established in the 5-year CIP and a reduction to the City's percentage share of the that is applied to Gardner's compensation per contract. · The savings in Transfers primarily reflect reduced amount required to support the Streets & Roads Fund as a result of prior year Federal and County CIP reimbursements and the timing of the pavement management program. . OTHER OPERA TING FUNDS: ~.~ ., In a Snapshot .. The favorable variance in Streets & Roads primarily reflects expenditure savings and the delayed timing of program expenditures such as pavement management. . Development Services Fund exceeded budget by approximately $50k or by 2.6% of budget. Additional contract services were required to support the additional geology/engineering revenues received in excess of projections. A year end appropriation adjustment is required to acknowledge the addition revenues the cost associated with those revenues. . Revenue projections in the Recreation Fund increased by $40k at the mid-year to reflect an increase in program participation. The increased costs of program participation to support the additional revenues will also require a year end appropriation adjustment. Other Operating Funds Expenditures In 000'5 Streets & Roads: Streets Maintenance Sidewalks & Trails Traffic Control Flood/Storm Control Medians & Parkways Congestion Mgmt. Variance YTD 2002/03 Favorable Year End % Actual Budget (Unfavorable) of Budget $1,185 $1,837 $652 64.5% 92 134 42 68.7% 222 250 28 88.8% 208 208 0 100.0% 157 158 1 99.4% 51 30 (21) 170.0% Page 12 . City of Saratoga · Budget Monitoring Report Year Ending June 30, 2003 Subtotal Programs $1,915 $2,617 $702 73.2% Overhead 592 592 0 100.0% Expenditure Subtotal $2,507 $3,209 $702 78.1% Transfers 2,006 2,006 0 100.0% Total Streets & Roads $4,513 $5,215 $702 86.5% Development Services: Zoning Administration $597 $579 ($18) 103.1% Inspection Services 509 500 (9) 101.8% Dev. Regulation 227 204 (23) 111.3% Subtotal Programs $1,333 $1,283 ($50) 103.9% Overhead 661 661 0 100.0% Expenditure Subtotal $1,994 $1,944 ($50) 102.6% Transfers 120 120 0 100.0% Total Development Svc's $2,114 $2,064 ($50) 102.4% Environmental Programs: Integ. Waste Mgmt. $140 $179 $39 78.2% Storm Water Mgmt. 356 472 116 75.4% Subtotal Programs $496 $651 $155 76.2% Overhead 94 94 0 100.0% Total Envir. Programs $590 $745 $155 79.2% Recreation SelVices: Recreation $768 $727 ($41) 105.6% Teen Services 132 160 28 82.5% · Facility Operations 79 83 4 95.2% Theatre Ticket Sur. 20 36 16 55.6% Subtotal Programs 999 1,006 7 99.3% Overhead 520 545 25 95.4% Total Recreation Svc's $1,519 $1,551 $32 97.9% Total Expenditures $6,610 $7,449 $839 88.7% Total Transfers 2,126 2,126 0 100.0% Total Other Operating Exp's $8,736 $9,575 $839 91.2% Current Highlights: . See "In a Snapshot" above. · Page 13 ti .<1. .'..";'", <O'.,Ü ¡j:"¡~, ':þ '& ~- ~.. ''''.""","ifF City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 · CAPITAL IMPROVEMENT PROJECTS (CIP) . The Library Construction Project Fund ($15 milEon origjnal budget) celebrated theh grand openjng jn June 2003. Reflective of the timing of expenditures, interest earnings, and expenditure savings the Library Expansion Fund ends the fiscal year with a remaining fund balance of approximately $ 1.5 million. . Since establishment ofthe City's 5-year CIP program, with amendments, the following projects have incurred the following expenditures through fiscal year ending June 30, 2003: 5 Year Capital Improvement Program (CIP) In OOO's Public Safety CIP Traffic Calming Safe Routes to Schools Hakone ADA Improvements Hwy 9 Traffic Signal Modification Playground Safety Congress Sprjngs Park Safety Net Saratoga-Sunnyvale/Seagull Traffic Quito Rd Bridge Replacement Infrastructure CIP Lynde Ave Drainage Village Streetscape Landscape Storm Drain Upgrades Median Repairs - Landscape Blaney Plaza Improvement Citywide Traffic Signal Upgrade Saratoga-Sunnyvale Rd Total Infrastructure Facilitv CIP Theater Roof Civic Center Design North Campus/Prospect Property Total Facility Park and Trails CIP EI Quito Park Hakone Garden Azule Park Heritage Orchard Park and Trail Repairs Total Park and Trail Year-to-Date 2002/03 Total 2001/02 $ 59 18 13 5 54 1 62 35 $247 $0 · 11 49 65 74 18 1 153 $371 22 8 $30 5 $5 11 74 $85 · 72 1 4,501 $4,574 132 1 729 17 97 $976 Page 14 · · · ~ ~\J~(.,j\ I/¡,M·".:·r ..~\! ;;'i"¡"i :!J /' . .}~ ~t->'¢:<is' ''l¿<t""o/I'' City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 READER'S GUIDE Managing a municipality the size of Saratoga is, in many ways, like managing a medium sized for-profit corporation. Instead offocusing upon bottom-line profits, Saratoga decision makers must skillfully steward public dollars and ensure tbe effectiveness and efficiency ofthe City's operations. They must live within legislatively approved budgets that are reviewed by residents, business leaders, and others interested in the City. Like corporations, public entities report their financial condition on a regular basis. Corporations make reports to stockholders while public entities report to their "stakeholders" -the individuals and organizations that have a "stake" in the entity's operations. In addition to an annual financial report, the City of Saratoga publishes quarterly a Budget Monitoring Report to provide "stakeholders" with current information about the City's financial condition and performance in the essential areas ofthe City's operations, including its Capital Investment Program (CIP). This report is designed to give the reader a sense of how wen Saratoga is doing and what its current successes or challenges might be. It includes a high level overview of the City's financial condition followed by more detailed information on revenues and expenditures for those readers who are interested in going beyond the bottom line. This Reader's Guide has been developed to assist you in reviewing the City of Saratoga's Budget Monitoring Report. It highlights the type of information contained in each section and presents a glossary of commonly used budget terms. A. Budget Monitoring Organization Executive Summary - A broad level overview of the City of Saratoga's bottom-line and current financial condition. The overview is followed by a series of financial tables and comments highlighting the revenues and expenditures ofthe City's key funds. Revenues - A more detailed discussion of each funds' revenue collections supporting the City's expenditures. Included in the discussion are financial tables showing year-to-date actual, current year budget and a comparison of budget to actual variances. The discussion also includes comments on the significant factors and conditions affecting these items. Expenditures - A more detailed discussion of each funds' expenditures. Included in the discussion are financial tables showing year-to-date actual, current year budget, and a comparison of budget to actual variances. The discussion also includes comments on the significant factors and conditions affecting these items. The comments in the resources and expenditures sections will follow the format: "In a Snapshot" - A "box" containing a quick summary of significant highlights for each fund category. "Current Highlights" - Important information being reported for the first time. B. Funds Not Reported On This report focuses on the key operating and capital funds of the City. The Debt service, Trust agency, and Grant funds are excluded ITom this report, since their budgets are excluded ITom the City of Saratoga's planning process. C. Glossarv The following are definitions of some of the more common terms one may encounter in reviewing this document. Page 15 a- H~ .~.. '<;"I>\O\'#" City of Saratoga Budget Monitoring Report Year Ending June 30, 2003 . Beginning Fund Balance - An account used to record resources available for expenditures in one fiscal year because of revenues collected in excess of the budget and lor expenditures less than the budget in the prior fiscal year. Budget - A financial operating plan for a given period which displays the expenditures to provide services or to accomplish a purpose during that period together with the estimated sources of revenue (income) to pay for those expenditures. Once the fund totals shown in the budget are appropriated by the City Council, they become maximum spending limits. Capita] Investment Program (CIP) - The CIP is a major planning too] of the City of Saratoga in which needed improvements to the City's facilities and infrastructure are identified, prioritized, priced, and discussed with the City Council and public. Funding from a variety of sources, including local taxes, park development fees, and grants, are matched with the costs of these projects. After the City Council has reviewed and approved the program, these projects are implemented. The CIP covers a five-year period and is updated periodically. Contin2:encv- A budgetary reserve set-aside for emergencies or unforeseen expenditures not otherwise budgeted. Expenditure - The payment for City obligations, good, and services. Fiscal Year - A twelve-month period designated as the operating year for accounting and budgeting purposes. The City of Saratoga's fiscal year ;s Ju]y I - June 30. Fund - Governmental accounting systems are organized and operated on a fund basis. A fund is an independent financial and accounting entity with a self-balancing set of accounts in which financial transactions relating to resources, expenditures, assets, and liabilities are recorded. Funds are established to account for the use of restricted revenue sources and, normally, to carry on specific activities or pursue specific objectives. Funds may be established by State statute, City Code, City resolution or ordinance, or the Administrative Services Director. . General Fund - The financial and accounting entity that comprises typical operations of a municipality such as administrative, legal, contract police, and other departments. Grants - A contribution by a government or other organization to support a particular function. Grants may be classified as either operational or capital, depending upon the grantor. Intergovernmental Revenue - Funds received from federal, state, and other local government sources in the form of grants, shared revenues, and payments in lieu of taxes. M&O (Maintenance and Operating) Costs - Expenditure category that represents amounts paid for supplies and other services and charges. Reserve - An account used either to set aside budgeted resources that are not required for expenditure in the current budget or to earmark resources for a specific futures purpose. Resources - Total dollars available for appropriation, including estimated revenues, interfund transfers, and other financing sourCes such as the sale of fixed assets and beginning fund balances. Revenue - Sources of income received during the fiscal year, operating transfers from other funds, and other financing sources such as the proceeds derived from the sale of fixed assets. Taxes - Compulsory charges levied by a government for financing services performed for the common benefit of the people. This tenn does not include specific charges made against particular persons or property for current or pennanent benefit, such as special assessments. . Trust Funds - Funds used to account for assets held by a government in a trustee capacity for individuals, private organizations, other governments, and/or other funds. Page 16 . . . SARATOGA CITY COUNCIL MEETING DATE: October 15, 2003 ,..--' 3t CITY MANAGER: V --.-/ ~ DEPTHEAD: ~ ~ AGENDA ITEM: DEPT: Community Deyelopment PREPARED BY: Kristiu Borel SUBJECT: Planning Commission Actions, October 8, 2003 RECOMMENDED ACTlON(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of October 8, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(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, October 8, 2003 - 7:00 p.ll. Council Chambers/Civic Theater, 13m Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL: Corrunissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter . ABSENT: Corrunissionet Uhl STAFF: Planners Livingstone &: Oosterhous, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Corrunission Meeting of September 24, 2003. (APPROVED 6-0) ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action On such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ¡ , . REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 2, 2003. REPORT OF ApPEAL RIGHTS . If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). CONSENT CALENDAR None PUBLIC HEARINGS All interested persons may appear and be heard at the aboye 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 deliyered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. APPLICATION #03-195 (510-01-003) QUlCKE, 19892 Mendelsohn Lane; Request for design modification to a previously approyed project. Specifically, the modification is to the tower element, which is at the rotation point of the structure. The plans approyed by the Planning Commission on Noyember 21, 2000 had smooth exterior walls with no window glazing. The height of the tower element has increased and there are now windows. (Continued from Meeting . on September 24, 2003) (TOM SULLIVAN) (APPROVED 6-0 WITH CONDITIONS) . .- . 2. APPLICATION #03-211 (503-69-030) - Appellant CURRY, Site Location - 21851 Via Regina; - Appeal of an Administratiye Decision to issue a Tree Remoyal Permit to remoye two Eucalyptus trees. The two Eucalyptus trees are approximately 3 feet and II feet in circumference. They are located at the periphery of the property. (CHRISTY OOSTERHOUS) (TIED 3-3, GARAKANI, NAGPAL 1St SCHALLOP OPPOSED. Pursuant to Artide 2-15.040, Rtjected motions and evenly spHt votes, tllls matter will be placed on the next Agenda and heard when all 7 Commissioners are present) 3. APPLICATION #03-182 (397-04-026) - FORMICO, 14456 Sobey Road; - The Applicant Requests Modification of Builcling Plans and Deyelopment Conditions to add a circular driyeway to the proposed project. The gross lot size is approximately 61,855 square feet and zoned R-I-40,000. OOHNLIVINGSTONE) (APPROVED 6-0) 4. APPLICATION #03-183 (CITYWIDE) ZONING ORDINANCE AMEMDMENT REGARDING MIXED-USE DEVELOPMENT; - The proposed Zoning Orclinance Amendment establishes deyelopment standards for rrlixed-use deyelopments in the Commercial and office zones of the City of Saratoga. A rrlixed-use deyelopment is one that has commercial or office along the street frontage and residential uses in the rear or on a second floor. This proposed amendment implements Programs 1.2 of the Saratoga Housing Element of the General Plan. (TOM SULLIVAN) (CONTINUED TO DATE UNCERTAIN) DIRECTORS ITEM None COMMISSION ITEMS Discussion of Application #03-02-182, Sagarchi, 13089 Quito Road, and whether this project still requires a Study Session with the Planning Commission. (NO STUDY SESSION NECESSARY) COMMUNICATIONS WRITTEN City Council Minutes from Regular Meetings on September 3, 2003 ADJOURNMENT AT 10:40 PM TO THE STUDY SESSION Wednesday, October 22, 2003, at 5:00 p.m. in the Administratiye Conference Room 13m Fruitvale Ayenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to plannín¡(®saratoga.ca.us . , e . . SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3F AGENDA ITEM CITY MANAGER: ø -7 ~/ - MEETING DATE: October 15, 2003 ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Contract Renewal for Code Enforcement Hearing Officer RECOMMENDED ACTIONS: Adopt resolution extending term of hearing officer and direct staff to renew agreement with hearing officer for a term expiring December 31, 2006. STAFF REPORT: In 2001 the City Council appointed attorney Barbara Spector to serve as the City's Code Enforcement Hearing Officer. The appointment and contract must now be renewed. To ensure that the prospect of reappointment does not create an incentiye for the hearing officer to rule in fayor of the City the attached resolution and contract would extend the term through December 31, 2006 and proyide that (1) the term may not be extended beyond that date and (2) the hearing officer may not be considered for reappointment for at least fiye years following the expiration of her term. As a1ternatiyes to the proposed action the Council could make the appointment for a different period of time or lengthen the term of the prohibition on reappointment. If the Council does not wish to extend the current hearing officer's term it may direct staff to solicit applications for the position. The City could use the appeals board alternatiye established by the City Code to consider any appeals filed prior to appointment of a new hearing officer. FISCAL IMPACTS: Hearing officer services haye been included in the budget for 2003-4. I ADVERTISING, NOTICING AND PUBLIC CONTACT: .'... .- "H~ ..... Notice for this me¿ting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not haye a hearing officer and the City Council would rely exc1usiyely on the Board of Appeals to hear pending appeals. FOLLOW UP ACTIONS: Staff will implement Council direction. ATTACHMENTS: Resolution Appointing Hearing Officer Hearing Officer Agreement 2 J , y e e . ., e e e CITY OF SARATOGA EXTENSION OF TERM FOR INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Barbara Spector ("Contractor"), who agree as follows: WHEREAS, effectiye August 1, 2001 City appointed Contractor to serve as the Code Enforcement Hearing Officer for City and City and Contractor entered an agreement for the proyision of Hearing Officer services; and WHEREAS, City and Contractor wish to extend the term of that agreement; NOW THEREFORE, the parties hereto agree that section 2 ofthe agreement between City and Contractor with an effectiye date of August 1,2001 ("Agreement") is amended to delete section 2, thereof (designated as "Term") and replace that section with the following: 2. TERM. The term of this Agreement commences on August 1,2001 and extends through December 31, 2006 and may not be extended beyond that time, proyided that the parties retain the right to terminate this Agreement as proYided in Exhibit D at all times and proyided further that Contractor understands and agrees that Contractor may not be considered for reappointment until at least fiye years following completion ofthe term of this agreement. This amendment shall affect only section 2 of the Agreement and all other terms ofthe Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto haye executed this Agreement. CONTRACTOR: By: Date: Barbara Spector CITY OF SARATOGA, a municipal corporation By: Date: Daye Anderson, City Manager Page I of2 APPROVED AS TO FORM: By: City Attorney ,~ 0/ e Date: APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administratiye Services Director Page 2 of2 Date: e e \ · · · RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA APPOINTING A HEARING OFFICER Whereas, section 3-15.070 of the Saratoga City Code establishes the position of Hearing Officer to hear and decide appeals of orders, decisions or determinations made by the City Manager relative to the application and interpretation of the code enforcement and other proyisions of the Saratoga City Code; and Whereas, the Saratoga City Council wishes to appoint a Hearing Officer for hearing matters within the jurisdiction of a City Hearing Officer; THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Appoints Barbara Spector to serve as the Hearing Officer of the City of Saratoga pursuant to and in accordance with section 3-15.070 and other re1eyant proyisions of the Saratoga City Code; 2. Determines that this appointment shall in no way limit the discretion of the City Council to direct that any appeal or appeals are to be heard by a Board of Appeals pursuant to section 3-15.070 of the Saratoga City Code. 3. Declares that the term of the Hearing Officer appointed herein shall expire on December 31, 2006 unless earlier terminated by a resolution of the City Council. Resolution No. Page I of2 PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this _ day of , 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor Resolution No. Page 2 of2 r j . . . . SARATOGA CITY COUNCIL PREPARED BY: Thomas Sulliyan, AICP DEPT HEAD: L' pJ ~ MEETING DATE: October IS, 2003 AGENDA ITEM: ORIGINATING DEPT: Community DeyeIopment CITY MANAGER: SUBJECT: Second Reading and Adoption of the Revised Tree Regulations RECOMMENDED ACTION: Grant Second Reading of the Ordinance and adopt the reyised Tree Regulations REPORT SUMMARY: . At its meeting of September 17, 2003 the City Council approyed the Negatiye Declaration for the Tree Ordinance and introduced the ordinance included in the staff report for that meeting with the following amendments: 1. Adding a requirement that design reyiew applications show significant trees on adjoining properties within 150 feet of the applicant's property (this now appears in sections 15-45.070 and 15-45.080 of the attached ordinance); 2. Changing the notice requirement so that notice of a proposed tree remoyal permit is mandatoty for all types of protected trees instead of just natiye trees (see section 15-50.070); 3. Deleting proYisions making yiolation of the ordinance a misdemeanor and instead making violation an infraction (see section 15-50.170); and 4. Adding a proYision authorizing a court to impose ciyil penalties for yio1ations of the ordinance that would be in addition to other remedies ayailable under the code such as planting replacement trees (see section 15-50.170(c)). These amendments haye been included in the ordinance attached to this staff report together with correction of seyeral clerical errors in the earlier draft. At the October 1, 2003 City Council meeting Dr. Brown under oral communications suggested the ordinance be reyised to include a proyision that would disallow planting of trees within fiye feet of a common property line. Dr. Brown's concerns haye to do with the section 15-50.110 of . the current regulations and 15-50120 of the proposed regulations. Both sections are proYided. The new section has been amplified, howeyer, in both cases there is a means to obtain . exceptions. 15-50.110 Setback of new {:onstntctinn from existing trees. No structure or payement shall be constructed or installed within ten feet from any oak tree or within eight feet from any other tree, urness otherwise permitted by the approving authority. 15-50.120 Setback of new construction from existing trees. No structure, excayation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree, urness otherwise permitted by the City pursuant to this Article. No parking, storing of yehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Deyelopment Director and the City Arborist. The City has also receiyed correspondence regarding the tree regulations, which I haye attached. The issues raised in the two letters also relate, in part to the foregoing code section. FISCAL IMPACTS: None . CONSEQUENCES OF NOT FOllOWING RECOMMENDED ACTION: The exiting and out of date ttee regulations would remain in place. ALTERNATIVE ACTION: 1. Make additional changes to the proposed ordinance. 2. Maintain the existing set of tree regulations. FOllOW UP ACTION: Publish a summary of the ordinance in the Saratoga News within 15 calendar days. ADVERTISING, NOTICING AND PUBUC CONTACT: This agenda for this item was advertised in the September 24,2003 and October 1, 2003 editions of the Saratoga News. ATTACHMENTS: 1. 2. Correspondence Draft Ordinance . Mayor Streit and Members of the City Council Saratoga City Hall ~. TS~q- oc: 06 2003 c,-h() 4 C)_~~..". CJ? ~~ I ~ Dear Mayor Streit, Before the City Council adopts the amended Tree Ordinance, Mrs. Dwyer and I would be very grateful if you, the Council, the Advisory Committee, the Staff, and any others involved in preparing the changes proposed could please visit our garden on Farwell Ave. We live in an urban forest, which we planted forty years ago, (it was an old prune orchard when we bought the land), and the tree ordinance now seems to threaten us with overwhelming problems. The provisions regarding "drip lines", "root zones", "hard surfaces", and penalties proposed seem draconian given the reality all around us. There is almost no part of our property that is not in the zone of a protected species. If you drive up Farwell Ave. from the City Hall you will see that most of our neighbors, especially those fronting Wildcat Creek, have homes inside the drip line and . on top of the root zones of protected trees. Our garden has always been a great joy to us. We have 30 Redwood trees with diameters ranging up to 4 feet, 18 Live Oaks with diameters up to 3 feet, and a host of other native and non-native trees. All of the Redwoods and most of the larger Oaks we planted. Volunteer Oaks are ubiquitous and require constant removal. We are now old people in an old house. The Tree Ordinance seems to prohibit remodeling or new construction within the proscribed zones. What will such restrictions do the resale of our home? Won't you please call us at 867- 0608 and see our situation as well as that of our neighbors before acting on the proposed changes? Sincerely, ~wJ (}Q",º~ Robert and Alice Dwyer 14850 Farwell Ave. . . . . Robert Zager 20292 Calle Montalyo Saratoga, California 95070 (408) 691-0339 CD:ãffi¡J 0ë,B 2UU3 .I October 6, 2003 The Mayor and City Council City of Saratoga 13777 Fruit yale Ayenue Saratoga, CA 95070 (yia e-mail) Re: Major Update to Tree Regulations Dear Mayor and City Council: The pending Major Update to Tree Regulations is complex and requires careful reyiew of its details to appreciate its deficiencies. Partly because of its complexity, there are many problems with the proposed ordinance. I would like to draw your attention to four major areas of concern. First, remoying trees for the use or enjoyment of one's own property will no longer be a yalid reason to issue a tree remoyal permit. Under the current law, Section 15-50.080(a)(2) proyides that one of the factors used to determine if a property owner may remoye a tree is, "The necessity to remoye the tree for the economic use or other enjoyment of the property." This criterion is remoyed from the new ordinance. By deleting this criterion from the factors to be considered, the use and enjoyment of one's own property will no longer be a yalid factor to consider in the tree permitting process. The subordination ofthe use of one's own property to the protection of trees is emphasized in proposed Section l5-45.080(c)'s mandated "absolute minimum" standard. Under the proposed ordinance it would be an abuse of discretion to grant a tree remoYal permit to the landowner based on the criterion that the City Council had expressly removed from the statutory scheme. Recall Councilmember Waltonsmith's question asking if a permit would be issued to remoye a protected tree so that the property owner could install a swimming pool. The only justification to issue such a permit would be the use or other enjoyment of the property. Since this criterion would, under the new ordinance, be unayailable, the hypothetical landowner would not be granted a permit. Second, the new ordinance remoyes the any correlation between the problems created by tree remoyal and the remediation. Section 15-50.080( c) proyjdes, "The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (I) the condition that one or more replacement trees be planted of a species and size and at locations designated by the Director., (2) relocation of existing tree desired to be remoyed, and/or (3) payment of a fee to the Tree Fund..." Under the existing law, the remediation is limited to actions taken on the subject property. Thus, there is some, admittedly tenuous, connection between the impact of what is being remoyed and what is being replaced. Under the proposed law, the conditions of . approyal are clearly unrelated to the problems caused by the removal. If the remoyal causes an erosion problem for the neighbors, it is hard to see how this problem is adyanced with a payment to the Tree Fund. Likewise, if priyacy screening is compromised, it is hard to see how relocating the trees to a new location solyes that problem. The director's discretion should be directed to remedying the problems created. Third, under proposed Section l5-50.080(c), there are no limits on the financial burden that the City can impose when issuing a tree remoyal permit. There are no standards set forth to regulate the imposition of conditions. Thus, a particular permit could be conditioned on: · replacing trees; and · relocating trees; and · making a payment in the amount determined by the Director. And the Director, in placing a yalue, is not limited to the subjectiye yalue that is established using ISA yaluation standards, butis authorized, under Section 15-50.160(b), to determine increased yaluations. Section 15-50.080(c) isa tool that allows the Director to impose conditions that are the economic equiyalent of a permit denial. Should Councilwomen Waltonsmith's hypothetical landowner be required to plant new trees and mOYe the existing tree to the perimeter of the property and pay tens of thousands of dollars to the Tree Fund in order to use his property? Finally, proposed Section 15-50.110 should be amended to put responsibility for problems caused by tree protection with the tree protection authority. If the City denies a permit for the remoyal of a tree, the City should assume all liability for the subsequent damage caused by that tree. If the City is going to determine which trees should be preserved, it should take responsibility for the consequences of that decision. . There are a small number of unfortunate examples of the wholesale remoyal of trees by landowners. In response to that problem, the proposed ordinance goes too far by turning eyery parcel of private property in Saratoga into a tree preserve to be managed at the discretion of the Community Deyelopment Director. The legitimate interests of property owners in remoying trees to use or enjoy their own property should be protected, not abridged, by the City. S incerel y, tft-4. . -2- ORDINANCE e AN ORDINANCE AMENDING SECTIONS 15-05.020, 15-45.070, 15-45.080, 15- 46.030,15-46.040, AND ARTICLE 15-50 OF ZONING REGULATIONS OF THE CITY OF SARATOGA RELATING TO TREE REGULATIONS AND ADOPTING BY REFERENCE THE INTERNATIONAL SOCIETY OF ARBORICULTURE PRUNING STANDARDS (2001 EDITION) AND TREE VALUATION FORMULA CONTAINED IN THE GUIDE FOR PLANT APPRAISAL (APRIL 2000 EDITION) THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. The Planning Commission has conducted a public hearing to consider an amendment to the Zoning Regulations with respect to the City Code proyisions relating to Tree Regulations and made a recommendation that the City Council amend the City's Tree Regulations. B. The adoption of this ordinance is consistent with the proYisions of the Saratoga General Plan Open Space Element which states on page 16, "The City should e proYide information and assistance to the public in the preservation and care of natiye trees whose existence can be threatened by enyironmental stress and deyelopment." c. The adoption of this ordinance is consistent with the proYisions of the Saratoga General Plan Conservation Element, which states in Policy C0.3.0, "Preserve the quality of the natural environment and the character of the City through appropriate regulation of site deye10pment." D. The procedures required by Goyernment Code Sections 50022.1 through 50022.8 for adoption of the ISA Standards by reference haye been satisfied as follows: (I) The title of the Tree Ordinance and the title of the ISA Standards to be adopted by reference haye been read at a meeting of the City Council. (2) The title of the ISA Standards to be adopted by reference are specified in the title of the ordinance. (3) The Council subsequently scheduled a public meeting, notice of which was published in the local newspaper once a week for two successiye weeks stating the time and place of the hearing; stating that copies of the a ISA Standards being adopted are on file with the City Clerk and open to - · · · public inspection; and describing the purpose and subject matter of the ordinance in a manner the City Council deemed sufficient, as required by the Goyernment Code. (4) A certified copy of the ISA Standards, which are adopted by reference, were on file in the Office of the City Clerk at least 15 days preceding the public hearing. (5) The City Council held a public hearing on the Tree Ordinance and the ISA Standards adopted by reference in the Ordinance. (6) At least one copy of the ISA Standards adopted by reference will be kept in the Office of the City Clerk for public inspection while the ordinance is in force. (7) Upon adoption, copies of the adopted ISA Standards will be ayaiIable for purchase by the public in the Office of the City Clerk, at a cost not to exceed the actual cost of them to the City. Section 2. Adoption. Section 15-05.020 of the Saratoga City Code is amended to read: 15-05.020 Purposes of Chapter. The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, conyenience, prosperity and general welfare, including the following more specific purposes: (a) To control the physical deye10pment of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere. (b) To achieye the arrangement of land uses depicted in the General Plan. (c) To foster a harmonious, conyenient, workable relationship among land uses. (d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions. (e) To ensure that public and priyate lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the City as a whole. (f) To preyent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site. (g) To ensure adequate light, air and priyacy for each dwelling unit. (h) To minimize traffic congestion and to ayoid the oyerloading of utilities by preyenting the construction of buildings of excessiye size in relation to the land around them. (i) To facilitate the appropriate location of community facilities and institutions. 0) To provide for adequate off-street parking and loading facilities. (k) To proYide for the orderly, attractiye deyelopment of commercial facilities in those areas where permitted by the General Plan. (1) To exclude new industrial deyelopment in order to preserve the essential residential . character of the City. (m) To preserve the natural beauty of the City. (n) To ensure that uses and structures enhance their sites and harmonize with improyements in the surrounding area. (0) To protect and enhance real propertyyalues within the City. (P) To protect and preserve heritage, natiye, and other significant trees at all times, including, the real property deyelopment planning and implementation processes. Section 15-45.070 is amended to read: 15-45.070 Application requirements. (a) Application for design reyiew approyal shall be filed with the Community Deyelopment Director on such form, as he shall prescribe. The application shall include the following exhibits: (I) Site plan showing (i) property lines, (ü) easements and their dimensions, (iii) underground utilities and their dimensions, (iY) structure setbacks, (y) building enyelope, (vi) topography, (vii) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g», canopy driplines, and locations of all heritage trees (as defined in Section 15-50.020(1), trees measuring at least ten (10) inches DBB, and all natiye trees measuring at least six (6) inches DBH on the property and within 150 feet of the property, (viii) areas of dense yegetation and (ix) riparian corridors. (2) A statement of energy conserving features proposed for the project. Such features . may include, but are not limited to, use of solar panels for domestic hot water or space heating, passiye solar building design, insulation beyond that required under State law, insulated windows, or solar shading deyices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Deyelopment Director. (3) Eleyations of the proposed structures showing exterior materials, roof materials and window treatment. (4) Cross sections for all projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Deyelopment Director. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans that indicate total gross floor area, determined in accordance with Section 15-06.280 of thìs Chapter. (7) Roof plans. (8) Landscape and irrigation plans for the site, showing the location of existing trees proposed to be retained on the site, the location of any proposed replacement trees, the location and design of landscaped areas, types and quantities of landscape materials and irrigation systems, appropriate use of natiye plants and water conserving materials and irrigation systems and all other landscape features. (9) Tree Preservation Plan, as required in Section 15-50.140. (10) Preliminary title report showing all parties haYing any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. (11) Such additional exhibits or information as may be required by the Community . Deyelopment Director. All exhibits shall be drawn to scale, dated and signed by the · · · person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleyen inches by seyenteen inches in size. (12) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the City Engineer. (a) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. Section 15-45.080 is amended to read: 15-45.080 Design Reyiew findings. The Planning Commission shall not grant design reyiew approyal unless it is able to make the following findings: (a) Ayoid unreasonable interference with views and privacy. The height, eleyations and placement on the site of the proposed main or accessory structure, when considered with reference to: (i) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view sheds will ayoid unreasonable interference with yiews and priyacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil remoya1; grade changes will be minimized and will be in keeping with the general appearance of neighboring deyeloped areas and undeyeioped areas. (c) Preserve oaks and heritage trees. All heritage trees (as defined in Section 15-50.020 (I» will be preserved. All oak trees designated for protection pursuant to Section 15- 50.050 will be preserved, or, giyen the constraints of the property, the number approyed for remoyal will be reduced to an absolute minimum. Remoyal of any smaller oak trees deemed to be in good health by the City Arborist will be minimized using the criteria set forth in Section 15-50.080. (d) Minimize perception of excessiye bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessiye bulk and will be integrated into the natural enyironment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (ii) the natural enyironment; and shall not (i) unreasonably impair the light and air of adjacent properties nor (ii) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control methods. The proposed site deyelopment or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055. Section 15-46.030 is amended to read: . 15-46.030 Application requirements. (a) Application for design reyiew approyal shall be filed with the Community DeyeIopment Director on such form, as he shall prescribe. The application shall include the following exhibits: (1) A site plan showing property lines, easements, dimensions, topography, and the proposed layout of all structures and improyements including, where appropriate, driyeways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and the species, trunk diameter breast height (DBH as defmed in Section l5-50.020(g)), canopy driplines, and locations of all heritage trees (as defmed in Section 15-50.020(1», trees measuring at least ten (10) inches DBH, and all native trees measuring at least six (6) inches DBH on the property and within 150 feet of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all eleyations of the proposed structures as they wm appear upon completion. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and íllumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of natiye plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for all projects located on a hillside lot. (5) Engineered grading and drainage plans, including cross sections if the structure is to be constructed on a hillside lot. (6) Floor plans showing total gross floor area, determined in accordance with Section 15- 06.280 of this Chapter. (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Deye10pment Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and 15 sets on sheets eIeyen inches by seyenteen inches in size. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Deyelopment Director. . . · · · Section 15-46.040 is amended to read: 15-46.040 Design criteria. In reYiewing applications for design reyiew approyal under this Article, the Planning Commission shall be guided by the following criteria: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, eleyations, roofs, material, color and appurtenances. (b) Where more than one sign will be erected or displayed on the site, the signs shall haye a common or compatible design and locational positions and shall be harmonious in appearance. (c) Landscaping shall integrate and accommodate existing trees and yegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonrefIectiye. ( e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approyed by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. (f) The proposed deyelopment shall be compatible in terms of height, buJk and design with other structures in the immediate area. Article 15-50 is amended to read: Article IS-50 TREE REGULATIONS 15-50.010 Findings; purposes of Article. 15-50.020 Definitions. 15-50.030 Application of Article. 15-50.040 Street trees. 15-50.050 Remoyal of certain trees without permit. 15-50.060 Exceptions. 15-50.070 Application for permit. 15-50.080 Determination on permit. 15-50.090 Deye10pment or improyement projects 15-50.100 Appeals . 15-50.lIO No liability upon Cjty 15-50.120 Setback of new construction from existing trees. 15-50.130 Arborist Report 15-50.140 Tree Preservation Plan 15-5-.150 Tree Fund 15-50.160 Enforcement 15.50-170 Violations; penalties and remedies 15-50.180 Tree Companies Operating in the City 15-50-190 Possession of an Approyed Tree Remoyal Pennit 15-50.010 Findings; purposes of Article. . The Cjty Council finds that the Cjty is primarily a residential community; that the economics of property yalues is inseparably connected with the rural attractiyeness of the area, much of which is attributable to the wooded hillsides and the natiye and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, preyent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind yelocities. To compliment and strengthen zoning, subdiyision and other land use standards and regulations, while at the same time recognizing the priyileges of priyate property ownership, the City Council adopts this ordinance to establish basic standards and measures for the maintenance, remoyal, and replacement of trees. Thus, this ordinance is designed to proYide a stable and sustainable urban forest to preserve and protect significant historic heritage yalues, and to enhance the unique aesthetic character and environment of this City. 15-50.020 Definitions. For the purposes of this Article, the following words and phrases shall haye the meanings respectÎyely ascribed to them by this Section, unless the context or the proyision clearly . requires otherwise: · · · (a) "Agricultural tree" means a fruit or nut tree grown for the production of fruit or nuts. (b ) "Approving body" means the body having authority to approye or deny an application and includes the Planning Commission and the Community Deyelopment Director. (c) "Arborist Report" means a report prepared by a certified arborist and accepted by the Community Deyelopment Director containing specific information on the location, condition, structure, potential impacts of deyelopment, and recommended actions and mitigation measures regarding one or more trees on an indiyidual10t or project site. (d) "Bond or security deposit" means a financial instrument which guarantees a future condition and may include an itreyocable letter of credit or cash. (e) "Canopy" or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (f) "Crown" means the portion of the tree aboye the trunk including the limbs and foliage. (g) "DBH" means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one-half (4 !/2) feet aboye the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter" Circumference /3.142 To measure trees with multi-stem trunks, the tree diameter equals the full diameter of the largest trunk plus 50% of the diameter of all other trunks on the tree; each trunk is measured at four and one-half (4 Vz) feet aboye the ground while standing on the high side of the tree. (h) "Damage" means any action undertaken which causes short term or long term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, oyer-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excayating, paYing or installing impervious surface within the root zone of a protected tree. (i) "Destroy" means to cause the premature decline of tree health or life as eyaluated and determined by the City Arborist. (j) "Dripline" means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from oyerhead. (k) "Encroachment" means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboricu1ture Commission (ISA) Pruning Standards (2001 Edition), grading, excayating, trenching, parking of yehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improyements within the root zone of a tree (I) "Heritage tree" means any tree of historic significance as a tree haYing historic yalue related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. (m) "ISA Standards" means the 2001 Edition of the pruning standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. (n) "Native tree" means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), and Coast Redwood (Sequoia sempervirens). (0) "Oak" means any natiye oak tree of the Genus Quercus, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first remoyal or transplanting of such trees pursuant to and as part of the operarion of a licensed nursery business. (p) "Project site" means the site of the proposed tree remoyal, pruning, or encroachment affecting a protected tree. (q) "Protected tree" has the meaning set forth in section 15-50.050. (r) "Pruning" means any and all work performed on or adyersely affecting the roots, branches or limbs of a protected tree. (s) "Remove" and "Remoyal" mean the physical remoyal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other direct or indirect action on the canopy or root zone. (t) "Root zone" means a specifically defined area commencing at the trunk and moYing outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by fiye (5) feet or such greater distance determined by the City Arborist. (u)"Routine maintenance" means actions needed for the continued good health of a tree including, but not limited to, remoyal of deadwood, insect control spraying and watering. (y) "Street tree" means any tree within the Public Street or right-of-way. (w) "Shrub" means a bushy, woody plant, usually with seyeral permanent stems, and usually not oyer fifteen feet high at maturity. The Community Deyelopment Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. (x) "Structural Pruning" means pruning to maintain the size of lateral branches to less than three-fourths the diameter of the parent branch or trunk. (y ) "Tree" means a woody perennial plant characterized by haYing a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually oyer ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first remoyal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (z) "Tree fund" means a City-held monetary account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receiye and hold any fines, penalty assessments civil penalties, bonds or other remedial funds or sources of funds for violations of Article15-50 of this code; (2) To receiye and hold monetary yaluations and payments for repJacement trees pursuant to Section 15-50.170, as prescribed by the Community Deyelopment Director, or as a condition of deyelopment approyal; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Deyelopment Director, on public properties, streets, easements and dedicated open spaces. (aa ) "Tree Preservation Plan" means a detailed plan containing all protectiye measures to be implemented before, during, and, after any encroachment or other actiYity affecting . . . e e . one or more protected trees including proYision for future maintenance, to preserve and protect all trees to be retained on any project site. 15-50.030 Application of Article. This Article shall apply to eyery owner of real property within the City, and to eyery person responsible for remoYing, damaging, pruning or encroaching upon a tree regardless of whether such person is engaged in a business for such purpose. 15-50.040 Street trees. (a) Policies and standards. The Community Deye10pment Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approyaI. The planting of street trees may be required as a condition of any approyal granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and remoyal of street trees and shrubs which might affect the public right-of-way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right-of-way abutting the property. 15-50.050 RemoyaI of certain trees without permit. Except as otherwise proYided in Section 15-50.060, it is unlawful for any person to remoye, damage, prune, or encroach upon, or cause to be remoyed, damaged, pruned, or encroached upon any protected tree, located on any priyate or public property in the City without first haYing obtained a tree remoyal, pruning or encroachment pennit issued pursuant to this Article and authorizing the proposed action. A protected tree shall consist of any of the following: (a) Any natiye tree haying a DBH of six (6) inches or greater (b) Any other tree haYing a DBH of ten (10) inches or greater. (c) Any street tree, as defined in Section I5-50.020(Y), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size. (e) Any tree required to be planted or retained as a condition of any approyal granted under this Chapter or Chapter 14 of this Code. (f) Any tree required to be planted as a replacement, as proYided in Subsection 15-50.170 of this Article. 15-50.060 Exceptions. The permit requirement set forth in Section 15-50.050 shall not apply to any of the A following: . (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be remoyed without a permit on order of the City Manager, the Public Works Director, the Community Deyelopment Director, their designated representatiyes, or a Peace Officer, or the fire department haying jurisdiction. (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (c) Project approyal. Where remoyal of a protected tree or encroachment upon one or more protected trees has been specifically authorized as part of any project approyal granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for such actiyity, proyided the Community Deyelopment Director determines in writing that the criteria specified in sections 15-50.080 and 15- 50.120 and 15-50.140 haye been met. Any protected tree authorized for remoyal, pruning or encroachment pursuant to such project approyal shall not be remoyed, pruned or encroached upon, until the issuance of a building or grading permit for the improyements, which are subject of the approyal. 15-50.070 Application for permit. (a) Application. Application for a tree removal pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe. The application shall contain the number and location of each tree to be removed, pruned or encroached upon, the type and approximate size of the tree, the reason for remoyal, pruning or encroachment and such additional information as the Director may require. The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the owner of said property shall include a statement that the owner consents to the activity described on the permit application. (b) Notice. Prior to acting on an application for a tree removal permit affecting one or more protected trees, notice shall be giyen to property owners within 150 feet at the time of application, at least ten (10) days before a decision on the permit is made. ( c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) during any given growth period or year of any protected tree. Pruning shall not exceed 20% of the crown. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. Notwithstanding the foregoing, a permit is required for the pruning of a protected tree the trunk of which is at least partially located on a neighboring property. e 15-50.080 Determination on permit. e · · · (a) Criteria. Each application for a tree remoyal pruning or encroachment permit shall be reyiewed and determined on the basis of the following criteria: (I) The condition of the tree with respect to disease, irnrrúnent danger of falling, proximity to existing or proposed structures and interference with utility services. (2) The necessity to remoye the tree because of physical damage or threatened damage to improyements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree remoyal upon erosion, soil retention and the diyersion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the remoyal would haye upon shade, priyacy impact, scenic beauty, property yalues, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any a1tematiyes that would allow for retaining or not encroaching on the protected tree. (7) Whether the approya1 of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information releyant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010. (b) Additional recommendations. The Community Deyelopment Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Deye10pment Director, City Arborist reyiew may be required before any tree remoyal, pruning or encroachment permit is issued or before approyal of a project inyolYing the remoyal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist reyiew shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Deyelopment Director shall render his or her decision within thirty days (30) after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (I) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be remoyed, and/or (3) payment of a fee or the posting of a bond or security deposit in fayor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project inyolYing encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to 100 % of the ISA yaluation of the trees inyo1yed. The City may also require posting of a maintenance bond or security deposit of at least fiye years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or priyate deyelopment may, in the reasonable discretion of the Community Deyelopment Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. . 15-50.090 Development or improyement projects. (a) Subdivision approyal. When any application is made pursuant to Chapter 14 and that proposal would inyolye remoyal of, pruning of, or encroachment upon a protected tree, the City shall take into consideration the proYisions of this Article in granting or denying the application. (b) Project approyal. Remoyal of, pruning of, or encroachment upon any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15-50.140 and be eyaluated according to the critetia in section 15-50.080. (c) Modifications to approyed projects. In the eyent of any change or modification to an approyed site deyelopment plan which results in remoyal of or an increase in pruning of or encroachment upon any protected tree, the proYisions of this Article shall apply. 15-50.100 Appeals. . (a) Except otherwise proYided in subsection (b) of this Section, any person objecting to a decision by the Community Deyelopment Director made pursuant to any of the proYisions of this Article, may appeal such decision to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter. Notwithstanding the proYisions of Section 15-90.020, the decision of the Planning Commission shall be final and no further appeal may be taken to the City Council. Any permit issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15-90 of this Chapter unless the permit is appealed. If the permit is appealed or a permit denial is appealed and the Planning Commission upholds the permit or reyerses the denial, the permit shall take effect immediately upon the decision of the Planning Commission. (b) Where an application for a tree remoyal permit has been granted and the Community Deyelopment Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community Deyelopment Director may issue the tree remoyal permit prior to expiration of the appeal period specified in Article 15-90 of this Chapter. 15-50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any . of its officers or employees, nor to relieye the owner or occupant of any priyate property · · · from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way oyer his property. 15-50.120 Setback of new construction from existing trees. No structure, excayation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree, unless otherwise permitted by the City pursuant to this Article. No parking, storing of yehic1es, equipment or other materials shall be permitted within the dripline of any protected tree without special design consideration by the Community Deyelopment Director and the City Arborist. 15-50.130 Arborist Report An Arborist Report shall be required for any application for discretionary deyelopment approyal that would require the remoyal of one or more trees protected by this Chapter and for any other projects where the Community Deyelopment Director determines it is necessary. The Community Deyelopment Director may require any Arborist Report (or portion thereof) to be reviewed by the City Arborist. The Arborist Report and any reyiew of it by the City Arborist required by the Community Deyelopment Director shall be at the sole expense of the applicant. 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approyed pursuant to Chapters 14, 15 and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation. Plan shall consist of a separate detailed plan drawn to a sufficient scale (but no larger that 20 feet to the inch, with any details to be shown at least 10 feet to the inch) to clearly indicate all protection and mitigation measures to be taken as required by the Community DeYelopment Director and/or the Arborist Report for the project. (c) When a project has been submitted for approyal pursuant to Chapters 14, 15, or 16, there shall be no permits issued for grading or site improyements until a Tree Preservation Plan for the project has been approyed by the Community Deyelopment Director and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be remoyed until authorized by the Community Deyelopment Director. (d) The Tree Preservation Plan and any permits for tree remoyal shall be maintained at the project site at all times during construction actiyities and until all work has been completed, inspected and approyed by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation system installation. Other inspections may be conducted as required by the Community DeYelopment Director. 15-50.150 Tree Fund . (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in Section lS-50.020(z). The Tree Fund shall be funded by those fines, penalties, and other remedial payments which may be assessed by courts or administratiye1y imposed, including, but not limited to, those proyided for in Chapter 3 of this Code for Yiolations of this Article. In addition, payments required for replacement trees pursuant to Section 15-50.170, as prescribed by the Community Deyelopment Director, or as a condition of deyelopment approyal, or from payments made from a security deposit or bond, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Deyelopment Director and the City Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully remoyed trees to be replaced as a condition of deyelopment approYal shall be yalued and their remoyal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall proYide, in the opinion of the Community Deyelopment Director, equiyalent yalue in terms of aesthetic and enyironmental quality, size, height, location, appearance, and other sigrrificant beneficial characteristics of the remoyed tree/so The City Arborist shall calculate the yalue of the remoyed tree/s in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which is hereby adopted by reference. 15-50.160 Enforcement . (a) General. The City shall yigorously enforce the proYisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Deyelopment Director for follow-up action. (b) Stop work orders. Wheneyer any actiyities are in yiolation of the proYisions of this Article, applicable tree peTInitls, Tree Preservation Plans, or conditions of project approYal, a Building Inspector, Public Works Director, CommUIúty Service Officer, or Community Deyelopment Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the yiolation has been rectified and any remaining actiYity approyed by the City. (c) Cumulatiye remedies. All remedies in this Section shall be cumulative and are not exclusiye. 15-50.170 Violations; penalties and remedies. The yio1ation of any proYision contained in this Article is hereby declared to be unlawful and shall constitute public nuisance and an infraction. As either a public nuisance or an infraction, the Yiolation shall be subject to the penalties or remeclies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, . but not limited to the following: · (a) Requiring that the violator obtain a tree remoyal, pruning or encroachment permit for the preYiously conducted unlawful actiyity, including one or more of the following conditions as appropriate: · (I) the violator shall replace each unlawfully remoyed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Deyelopment Director, will proYide equiyalent yalue in terms of cost (as determined pursuant to the City Arborist's calculation of the ya1ue of the remoyed tree/s in accordance with the ¡SA Tree Valuation Formula adopted by reference), aesthetic and enyironmental quality, size, height, location, appearance and other characteristics of the unlawfully remoyed tree; or (2) where replacement trees cannot be accommodated on site according to good forestry practices, or cannot proYide equiyalent aesthetic or enyironmental quality of remoyed tree/s on site, the violator shall either plant replacement trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the yalue of the remoyed tree/s in accordance with the ISA Tree Valuation Formula adopted by reference), or any combination thereof, in accordance with the following: (A) To the extent that a cash payment is required for any portion or all of the yalue of the remoyed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (B) To the extent that the planting of offsite replacement trees is required, the retail cost of such trees, as shown by documentary eyidence satisfactory to the Community Deyelopment Director, shall be offset against the yalue of the remoyed tree, but no credit shall be giyen for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees; or (3) Where the unlawful actiYity did not result in tree remoya1, but did result in tree damage, the yiolator shall enhance the condition of the remaining trees or portions of trees according to good forestry practices which in the opinion of the Community Deyelopment Director, will proYide equiyalent yalue in terms of damage to the tree( s), aesthetic and enyironmental quality, size, height, location, appearance and other characteristics of the unlawfully damaged tree; proyide equiyalent enhancement of the condition of trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the equiyalent yalue of the unlawful damage to the tree). · (b) Any person who is required to plant replacement trees pursuant to this Section shall permanently maintain such trees in a good and healthy conclition, for a minimum of fiye (5) years to ensure permanent establishment of any such tree/s, as determined by the City Arborist. Such person shall post a maintenance bond or security deposit in a form prescribed by the Community Deyelopment Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (c) As part of a civil action brought by the City, a court may assess against any person who commits, allows, or maintains a yiolation of any proYision of this Chapter a ciyil penalty. Where the yiolation has resulted ill remoyal of a protected tree, the civil penalty shall be in an amount not to exceed $5,000 per tree unlawfully remoyed unless the replacement yalue of a tree unlawfully remoyed is greater than $5,000 ill which case the ciyil penalty for remoyal of that tree shall equal the replacement yalue (excludillg installation) of the tree. e (d) Payment (to the extent authorized by law and determined appropriate by the Community Deyelopment Director) of any criminal, civil, administratiye, or other penalty or restitution order illto the Tree Fund. (e) The yiolation of any proYision contained in this Article during the conduct by any person of a tree remoya1, structural pruning, landscaping, construction or other business in the City shall constitute grounds for reyocation of any business license issued to such person. (f) All remedies proYided in this Section shaIl be cumulatiye and are not exclusiye. 15-50.180 Tree Companies Operating in the City Any business, which performs structural pruning or tree remoyal on protected trees in the City, must be in possession of a Saratoga business license, and must haye an ISA Certified Arborist on staff, in a supervisory position for the accomplishment of such work. " 15.50-190 Possession of an Approyed Tree Remoyal Permit Any person engaged in any conduct requiring a permit pursuant to this Article shall haye e in his or her possession a copy of the approyed permit. Upon request of a Peace Officer, City of Saratoga Code Enforcement Officer or other City Official, the person engagillg ill the referenced conduct shall produce the approyed permit, If the person cannot produce the approyed permit, all actiyity shall be suspended until a permit can be produced or obtained from the Community Deyelopment Department. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordillance is seyerable and illdependent of eyery other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held inyalid, the City Council declares that it would haye adopted the remaining proyisions of this ordinance irrespectiye of the portion held invalid, and further declares its express intent that the remainillg portions of this ordinance should remain in effect after the inyalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensiye summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. e · · · The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the_day of ---' 2003, and was adopted by the following yote following a second reading on the day of , 2003: AYES: NOES: ABSENT: ABSTAIN: NICK STREIT, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY . . . . . SARATOGA CITY COUNCIL MEETING DATE: October 15, 2003 5 CITY MANAGER: 0 J ~!'- DEPTHEAD: (y~ ~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPAREDBY:~ /3/~ SUBJECT: DeAnzaIUPRR/PG&E Easement Trail RECOMMENDED ACTlON(S): Accept report and proyide direction to staff. REPORT SUMMARY: Union Pacific Railroad has an easement running through the cities of Cupertino, Saratoga, Los Gatos and Campbell. The desire to deyelop this easement began when groups of West Valley pedestrians, equestrians and bicyclists realized the potential yalue of this corridor for a multi-use trail. The proposed trail segment length is 8.7 miles, with Saratoga's portion being 3.7 miles. Deyelopment of the trail would offer recreational and commuting opportunities for Saratoga residents, and has the potential to serve as an important linkage to other significant trails in the area, such as the Steyens Creek Trail and Rancho San Antonio County Park trails to the North, and Los Gatos Creek Trail and Vasona Lake County Park trails to the South. The proposed trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan, is a proposed bicycle corridor in the Santa Clara County Congestion Management Program and could be included as part of the Juan Bautista De Anza National Historic Trail, a Millennium Trail, once completed. At their regular meeting on March 21, 2000, City Council passed Resolution 00-016 in support of the creation of the Union Pacific Railroad Trail Ad Hoc Task Force. The task force hired Alta Transportation Consulting to conduct a feasibility study, which was completed October, 2001, with the recommended action of deferring construction of the proposed trail until Union Pacific Rail Road Company ceases operations along the line (est. 10- 20 years). The primary reason for this recommendation was Union Pacific Rail Road Company's (V.P.R.R.) unwillingness to discuss land acquisition along their line due to potential liability. "' ~ The following information from the task force was presented to Council at their April 23 . meeting: · Staff ÍÌ'om the Valley Transportation Authority (VT A) indicated that tier 1 funding, earmarked for the u.p .R.R. project, would probably be reallocated to other projects more likely to be completed within the next 8 years. VT A staff indicated if Saratoga was able to secure an agreement with PG&E for usage of their easement for implementation of the trail, tier 1 funding may be ayailable to offset incurred costs. Recent conyersations with VT A staff haye confirmed the VT A has allocated funding for Saratoga if the City is willing to negotiate with PG&E for the usage of their easement ÍÌ'om Saratoga-Sunnyvale Road to Saratoga Ayenue (Reach 3 in the Feasibility Study) for trail deyelopment. As requested by the VTA, the City of Saratoga became the lead agency for this project when the City of Cupertino pulled out as lead agency. The VTA has reserved funding for the trail segment identified as reach 3 in the October 2001 Alta feasibility study. The trail segment is 1.6 miles in length, with the goal of placing the trail on the PG&E easement. As indicated in the 2001 Alta feasibility study, the projected deyelopment costs for reach 3 is $1,997,577.00 dollars, with a required local match by the city of 20% percent, or $399,515.40. VTA staff has indicated funding for this project remains ayailable as long as the project meets the following Bicycle Expenditure Program (BEP) Deadlines: . 1) Enyironmental work underway by September 2004. 2) Start of construction by September 2007. If the City chooses not to pursue this project, the funding will reyert back to the BEP and applied to other Tier 1 bicycle projects. As directed by Council at their September 17, 2003 meeting, staff has engaged in extensiye public outreach to adyertise this meeting, utilizing the following medium: · Direct Citywide Mailer to all Saratoga Households · Local newspaper news brief article · Posting on the City Website · Posting yia City Council Agenda Also present this eyening is Celia Chung with the VT A, who is prepared to respond to questions from Council regarding VT A funding for this project. . \ . . . FISCAL IMPACTS: City is required to proYide $399,515.40 in matching funds to the VTA if project costs reach the $1,997,577.00 dollar estimate reported by Alta in the October 2001 feasibility study. Howeyer, VT A staff has indicated there may be opportunities to procure grant funding for the 20% match. In addition, a local anonymous donor has recently contacted staff indicating their willingness to proyide the City with the required local match funds. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): VTA Tier 1 funding earmarked for the U.P.R.R. Reach 3 project in Saratoga will most likely be reallocated to a different Tier 1 project in another jurisdiction. ALTERNATIVE ACTION(S): None in addition to the aboye. FOLLOW UP ACTION(S): If Council chooses to proceed with Tier I funding, staff will complete required documentation for submission to the VTA by July 5,2002. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: None. · · · SARATOGA CITY COUNCIL Lo MEETING DATE: October 15, 2003 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: .__ßl47 DEPTHEAD: ~ ft.u.l~ PREPARED BY: John Cherbone SUBJECT: Fiye Year (2001-2006) Capital Improyement Plan (CIP)- Fiscal Year 2003/2004 Reyiew RECOMMENDED ACTION(S): 1. Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from prior City Council Meetings. 2. Reyiew Projects in the adopted CIP and amend their funding leyels if desired. 3. Consider candidate CIP Projects as listed in the report for inclusion in the 2003-2004 CIP Public Hearing to be held at the Noyember 5th City Council Meeting. 4. Continue CIP discussion to the Public Hearing to be held at the Noyember 5th City Council Meeting to allow for additional public input generated from the upcoming October 28th Community Meeting. REPORT SUMMARY: This report will proyide the City Council with the following information: I) A summary of the CIP Process. 2) A status report of the current projects in the adopted fiye-year Capital Improyement Plan (CIP) adopted by the City Council in 2001. 3) Introduction and information regarding new and adopted CIP Projects. 1) ICIP process:1 The scheduling oyer time of public improyements is an essential task of a CIP and is based on a series of priorities according to need, desire, importance, and to the City's ability to fund the yarious projects that make up the CIP. A comprehensiye CIP can proyide many benefits to the City. The following are a few examples . of these benefits: 1. Ensures that public facilities and circulation portions of the general plan are carried out. 2. Calls attention to deficiencies in the community. 3. Ensures projects are not built before they are needed or so late that costs become prohibitiye. 4. Ensures that funds can be proYided in a logical manner oyer a multi year period. Recommended criteria to consider when making choices on project priority: o Public Safety. o Beautification. o Enyironmental impact. o Importance relatiye to community needs. o Resources ayailable. o Operation and Maintenance Costs. Some projects may be included but unfunded, awaiting grants and special funding sources not ayailable at the time of the CIP deyelopment. In other cases Council may wish to fund design . . and engineering costs only for projects likely to be submitted for competitiye grant applications requiring projects that are pre-approyed and for which designs haye been completed. Once direction ÍÌ'om City Council on the draft changes to the CIP is receiyed, staff will submit new projects to the Planning Commission for reyiew of general plan and enyironmental approyals and to the Finance Commission for budgetary reyiew. The process will conclude with public hearings and final adoption of the new CIP projects by City Council. 2) Status of Projects in the Adopted Five-Year CIP:I The adopted CIP contains a total of 46 projects. 32 projects enjoy full or partial funding (partial1y funded projects are those that are funded for engineering studies or grant matches only). 14 proj ects are not funded. The total amount funded in the adopted CIP is $17,942,582. There are three main categories of funding: 1) City funds, 2) Grant funds (funds allocated and/or funding source identified), and 3) Other sources (local agency cooperatiyes, etc.). The following is a breakdown of these funding categories: City Funds: . General Fund: $8,588,315 . 2 of 13 . . · Park Deyelopment Fund: · Deyelopment Fund: · Streets Fund: Grant Source: Other Source: Total: $486,847 $120,000 $2,360,872 $6,050,215 $336.333 $17,742,582 The total cost ofthe adopted CIP including funded and unfunded projects is $24,487,097. At the March 19 and October 1, 2003, City Council Meetings Council unobligated and appropriated funding in the CIP for the following projects, which are reflected in the attached budget resolution for City Council Action (Attachment 1). CIP Funding Changes PreYiously Directed by City Council: March 19: · El Camino Grande/Monte Vista Storm Drain Proiect: This project would install drainage improyements in thís area of the City where they are nonexistent and inadequate. Recent changes in the rules for allowing dry wells in the County by the by the SCVWD allow the City to use of this method of mitigating drainage problems. The cost to the City for this project can be reduced from $330,000 to $100,000. Therefore, the amount unobligated was $230,000. · Saratoga Ayenue Medians at Library: This project would create new medians on Saratoga A yenue in the yicinity ofthe new library to help facilitate traffic flow and to beautify the road. An altematiye solution to the traffic flow issues can be accomplished by modifying the striping configuration on Saratoga A yenue. Howeyer, thís would not enhance the beautification of the roadway. Plans are complete with medians or without medians. The cost to the City for thís project can be reduced from $150,000 to $0. The striping can be accomplished in the current PMP budget. Therefore, the amount unobligated was $150,000. · Playground Safety (Brookglen. El Quito. Wildwood): This project replaces the substandard playground equipment at Brookglen, El Quito, and Wildwood Parks. Since the adoption of these projects in the CIP, State Bond Act Funds haye become ayailab1e for these projects. These funds can be used to offset the general fund contribution made to Azule Park. Funding ayailable in the Per Capita program is $284,000. Therefore, the amount unobligated was $284,000. · El Quito Park Improyements: This project proyides for general improyements to El Quito Park such as new irrigation, sod rehabilitation, drainage improyements, walkways, and par course equipment. Again, funds are ayailable through the State Bond Act and can be used to offset the general fund contribution made to Azule Park. Funding ayailable in the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program is $91,134. Howeyer, 3 of 13 a local non-City match is required in the amount of $13,019. Staff is currently soliciting this match. Therefore, the amount ayailable unobligated was $104,153. . · Village Streetscape Improyements (Sidewalk/C&G): When funding for this project was unobligated and transferred to the Animal Control Facility a project balance of$15,000 was left. Therefore, the amount unobligated was $15,000. · Highway 9 Traffic Signal Modifications: This is an existing CIP project, which was partially funded and is a condition of approyal of the Saratoga Fire District Fire House Project approyed by City Council. The project includes right turn lane improyements on Northbound Highway 9 and modifications to the Highway 9/Big Basin Way traffic signal. The City is responsible for the design ofthe signal modifications (currently funded in the Adopted CIP in the amount of $50,000), the majority of the construction costs associated with the signal modifications, and the roadway improyements (estimated at $200,000). The Saratoga Fire District is responsible for curb, gutter and sidewalk improyements, design costs associated with the right turn lane improyements, and pay up to $25,000 for the traffic signal modifications. Council appropriated $175,000 for the traffic signal modification work from unobligated CIP funds. Therefore, the amount appropriated was $175,000. October I: · McWilliams House: This is an existing CIP project to make improyements to the McWilliams House. Council appropriated $30,000 for Master Plan deyelopment ftom the . unobligated CIP funds. The Master Plan will be utilized to apply for grants for improyements. Therefore, the amount appropriated was $30,000. · Memorial Arch Improyements: As a condition of approyal for the Saratoga Fire District Fire House Project, the District relocated the Memorial Arch ftom Memorial Plaza to Blaney Plaza. Currently, the Saratoga Fire District has met its obligation regarding the Memorial Arch relocation. Rehabilitation work and improyements around the Memorial Arch foundation is necessary for safety and accessibility. The work is estimated to cost $37,500, which includes design work. Council appropriated $23,020 from unobligated CIP funds with the remaining $14,480 funded from an insurance settlement. Therefore, the amount appropriated was $23,020. Summary of CIP Funding Changes: Total Unobligated: $783,153 Total Appropriated: $228,020 Unobligated Balance: 1$555,1331 . 4 of 13 . . The amount of unobligated CIP funds ayailable for new or unfunded projects is $555,133.The attached CIP Spreadsheet incorporates the aboye mentioned funding unobligations and appropriations. 3) \New and Adopted CIP Projects for City Council Consideration:[ There are 16 new CIP Project candidates and 3 exîstîng adopted CIP projects for Cîty Council consîderation for Fiscal Year 2003/2004. The total cost of these proj ects, if approyed, îs $1,598,825. The projects (in no particular order) are as follows: New CIP Proiect Candidates: This project is directed at improying the building facades in the Village by proyiding matching funds to business/property owners. Estimated Project Cost: $50,000 Known Funding Sources: City: $50,000 Proposed Project Schedule: Spring 2004 ¡Foothill School Jbint ImRroye11:¡ellts (A,nlpllithe¡¡ter): . I This project will construct a children's amphitheater at Foothill School, which would be joîntly utilized by both the School and the City. Estimated Project Cost: $60,500 Cost Breakdown: Amphitheater: Design: 10% Contingency: $50,000 $5,000 $5,500 Known Funding Sonrces; City: $60,500 Sports User Groups: $Unknown Proposed Project Schedule: Summer 2004 5 of 13 IF90thiH Sè\1òQl}òipJ Improyew.~Ì1ts (Fièld hÎ1prQ~~m~I!t$);· ·1 This project will make improyements to the unimproyed field areas at Foothill School, which . would be jointly utilized by both the School and the City. Estimated Project Cost: $31,100 Cost Breakdown: Flat Grass: Portable Restroom Costs: 10% Contingency: $25,000 $3,600 (per year) $2,500 Known Funding Sources: City: $31,100 Sports User Groups: $Unknown Proposed Project Schedule: Summer 2004 This project would improye Blaney Plaza per the master plan recently approyed by City Council. Work recently approyed in connection to safety and access around the recently relocated Memorial Arch is currently underway. Estimated Project Cost: $121,000 . Cost Breakdown: Inftastructure Improyements: $100,000 Design: $10,000 10% Contingency: $11,000 Known Funding Sources: City: $121,000 Proposed Project Schedule: Summer 2005 IFii'éÅíar.ni,SY&teÍ):1 foJ' t\W Histo¡:i~¡ll Parkßuj¡çling~¡. . I This project would install a fire alarm system in the Historical Buildings located in Historical Park. Estimated Project Cost: $7,425 Cost Breakdown: Alarm System: Design: 10% Contingency: $6,000 $750 $675 . 6 of 13 . . Known Funding Sources: CÜy: $7,425 Proposed Project Schedule: Summer 2004 This project includes improyements to the front stairs and funding for matching wood siding for the proposed addition to the Museum. Estimated Project Cost: $11,000 Cost Breakdown: Front Steps: Wood Siding: 10% Contingency: $4,000 $6,000 $1,000 Known Funding Sources: City: $11,000 Proposed Project Schedule: Spring 2004 This project would repair Trail Segment #3 ("Tank Trail") in the Parker Ranch Subdiyision, which has erosion damage. Estimated Project Cost: $16,500 Cost Breakdown: Trail Repairs: 10% Contingency: $15,000 $1,500 Known Funding Sources: City: $15,000 Proposed Project Schedule: Summer 2004 This project is directed at improYing traffic safety around Marshall Lane School. Oyer the past year the City has been working with the Campbell Union School District to improye traffic safety and yehicular flow around Marshall Lane School. It is proposed that an internal loop road be constructed through Marshal Lane School that would connect Sobey Road and Marshall Lane. A new drop off area would be constructed on school property thus eliminating the existing and 7 of! 3 dangerous Sobey Road drop off area. The proposed circulation would be: Quito Road to Sobey Road to New Loop Road to Marilyn Aye to Marshall Lane to Quito Road. To facilitate the a circulation plan it is necessary to modify the traffic signal and turn lanes at the Quito and Pollard . Road intersection. The school district has indicated that it will fund the intemalloop road. Currently this project is in the conceptual design stage and will need to go before the Public Safety Commission and before the public so that surrounding residents can participate in the project. Estimated Project Cost: Cost Breakdown: Roadway Modifications: $150,000 $75,000 (does not include costs for new loop Road paid for by the school district) Traffic Signal Modifications: $50,000 Design: $10,000 10% Contingency: $15,000 Known Funding Sources: City: $150,000 Proposed Project Schedule: Summer 2004 Nò>J:oI} Road Fire A,6çe&s Ròad:' This project would construct a fire access road connecting Norton Road to the Artist in Residency Road in Montalyo: . Estimated Project Cost: $110,000 Cost Breakdown: Roadway Improyements: 10% Contingency: $100,000 $10,000 Known Funding Sources: City: $1I0,000 Bolhman Road Property Owners: $Unknown Proposed Project Schedule: Summer 2004 This project would partially close Aloha Street at the Highway 9 intersection, which would then allow ingress traffic only ftom Highway 9. Estimated Project Cost: $49,500 Cost Breakdown: Roadway Improyements: $40,000 Design: $5,000 10% Contingency: $4,500 . 8 of 13 e Known Funding Sources: City: $49,500 Proposed Project Schedule: Fall2004 ICiyic Theater Seat Refurbish Proje<;t: .. This project includes the recoyering and refinishing of the Ciyic Theater seating. This project is funded through ticket surcharge reyenue. Estimated Project Cost: $40,000 Known Funding Sources: Ticket Surcharge: $40,000 Proposed Project Schedule: Winter 2005 INorth Campu~ Improvemenls(FèllpwshipHall): I e This project would improye the Fellowship Hall restroom at the City's North Campus to ADA standards and perfume miscellaneous interior upgrades. Design work is complete. Estimated Project Cost: $15l,SOO Cost Breakdown: ADA Improyements: Interior Upgrades: 10% Contingency: $120,000 $18,000 $13,SOO Known Funding Sources: City: $15l,SOO Proposed Project Schedule: Spring 2004 (Spring HilÌ CO\jrt Park ImproYt\n1t;)]:lts: This project would improye the unimproyed park site near Spring Hill Court. Estimated Project Cost: $143,000 Cost Breakdown: Access Bridge: Park Site Improyements (paths): Design: 10% Contingency: $100,000 $15,000 $15,000 $13,000 9 of 13 , Known Funding Sources: City: $143,000 e Proposed Project Schedule: Summer 2005 This project would deyelop a trail through the Odd Fellows Property establishing a link to the San Marcos Opens Space. Estimated Project Cost: $60,500 Cost Breakdown: Traillmproyements: Design: 10% Contingency: $50,000 $5,000 $5,500 Known Funding Sources: City: $60,500 Proposed Project Schedule: Fal12004 e This project would deyelop a trail through the City owned San Marcos Open Space area. Estimated Project Cost: $27,500 Cost Breakdown: Traillmproyements: 10% Contingency: $25,000 $2,500 Known Funding Sources: City: $27,500 Proposed Project Schedule: Fall 2004 This project would install new monument signs at the fiye City entry points and the Ciyic Center: Estimated Project Cost: $33,000 Cost Breakdown: Monument Sign Improyements: $30,000 10% Contingency: $3,000 e 10 of 13 . . . Known Funding Sources: City: $33,000 Proposed Project Schedule: Fall 2004 Adopted CIP Projects: The Following projects haye been adopted by the City Council and are unfunded or haye a need for increase funding. IPark/Trail Repairs: This is an Adopted CIP project to make yarious infrastructure improyements to park and trails. There is a balance of $66,743 in the project of which $39,137 is earmarked for trail improyements. This project would increase the current project funding for the following trail repairs and improyements. Estimated Project Cost: $30,000 Cost Breakdown: Trail Signage (rules): Traillmproyements on existing easements: 10% Contingency: $2,500 $25,000 $2,500 Known Funding Sources: City: $30,000 Proposed Project Schedule: Fall2004 !Keyin Moran Park Improyements: This is an Adopted CIP project to deyelop the unimproyed areas of Keyin Moran. Currently this is an unfunded project. Estimated Project Cost: $423,500 Cost Breakdown: Sod improyements to the large unimproyed area: $100,000 Sport Court (tennislbasketball): $75,000 Pathway Improyements: $35,000 Enclosed Dog Area: $25,000 Parking Improyements: $40,000 Restroom: $70,000 Design: $40,000 10% Contingency: $38,500 Known Funding Sources: City: $423,500 11 of 13 Proposed Project Schedule: Fa1l2004 ¡Median Repairs (Landsc¡¡pjng/Ir1jgatipp); This is an Adopted CIP project to make yarious infrastructure improyements (planting and irrigation) to the existing medians in the City. Currently funding appropriated to this project has been expended. There is a desire to finish the repair work started. Estimated Project Cost: $82,500 Cost Breakdown: Repair Work: 10% Contingency: $75,000 $7,500 Known Funding Sources: City: $82,500 Proposed Project Schedule: Spring 2004 Cost Summary ofthe aboye projects: $50,000 $60,500 $31,100 $121,000 $7,425 $11,000 $16,500 $150,000 $110,000 $49,500 $40,000 $151,800 $143,000 $60,500 $27,500 $33,000 $30,000 $423,500 $82,500 $1,598,825 Village Façade Matching Fund: Foothill School Joint Improyements (Amphitheater): Foothill School Joint Improyements (Field Improyements): Blaney Plaza Improyements - Construction Phase: Fire Alarm System for the Historical Park Buildings: Museum Improyements: Repair Work to Trail Segment #3 ("Tank Trail"): Sobey Road/Quito Road Traffic Improyements: Norton Road Fire Access Road: Aloha Street Safety Improyements: Ciyic Theater Seat Refurbish Project: North Campus Improvements (Fellowship Hall): Spring Hill Court Park Improyements: Odd Fellows Trail Deyelopment: San Marcos Open Space Trail: New City "Gateway" Monument Signs: Park/Trail Repairs: Kevin Moran Park Improvements: Median Repairs (Landscaping/Irrigation): Total: 12 of 13 ..~c.______ . . . . . FISCAL IMPACTS: Unknown at this time. Depends on the final CIP project list. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable. ALTERNATIVE ACTION(S): None in addition to the aboye. FOLLOW UP ACTION(S): A Public Hearing will be held at the Noyember 5th City Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Budget Resolution. 2. CIP Project Spreadsheet. 130f13 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET WHEREAS, The City of Saratoga established a new CIP budget on December 19, 2001; and WHEREAS, the CIP budget is a multiple year budget where appropriations are project length and do not also lapse at operating fiscal year end; and WHEREAS, the need to amend the existing CIP is based upon new information and new priorities established by the existing City Council; and NOW, THEREFORE, the City Council of the City of Saratoga hereby approyes as follows: Section 1. Amendment To Existing Projects In recent reyiew of existing CIP, project scopes were either reyised or new sources of funding (i.e. reyenue grants) had been identified. As a result, the amount of $783,153 was . determined to be freed or "unobligated" as of March 19, 2003. The following changes to the existing CIP is as follows: a) Hwy 9 Traffic Signal Modification Current BudGet 50,000 Amendment Total 200,000 250,000 New FundinG Source $175k from Unobligated $25k Saratoga Fire District Grant b) McWilliam's House 30,000 30,000 From Unobligated Section 2. Transfer Unobligated to Street Operating Fund The following unobligated amount of $23,020 is to be transferred to the Street operating fund to establish the following project: Memorial Arch Improvements Amount 37,500 New Fundinq Source 23,020 from unobligated 14,480 from insurance reimbursement The aboye and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2003 by the following yote: AYES: NOES: ABSENT: . e ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk e e . . SARATOGA CITY COUNCIL MEETING DATE: October 15,2003 1 o:J~ AGENDA ITEM: ORIGINATING DEPT.: City Manager's Office CITY MANAGER: PREPARED BY: Danielle Surdin, Econ. Dey. Coord. DEPT. HE~. ~A~' Richard Taylor, City Attorney . 7) v· ~ SUBJECT: Interim Ordinance Prohibiting New Personal Service Businesses on the Ground Floor in the Village RECOMMENDED ACTION: Accept public testimony regarding the draft Interim Ordinance and adopt the Interim Onlinance. REPORT SUMMARY: A draft Interim Ordinance prohibiting the establishment of new Personal Service Businesses in the Village has been prepared for Council approyal. This Ordinance would bar new Personal Service Businesses from locating in the Village. Personal Service Businesses include, but are not limited to, hair and nail salons and day spas. The Ordinance could ultimately remain in effect for up to two (2) years. The Council may adopt the Ordinance or an amended yersion at its meeting of October 15, 2003, as an urgency item, or it may defer consideration of the matter to a subsequent meeting. STAFF REPORT: Background and Need for an Interim Ordinance At the September 17, 2003, City Council meeting Council discussed recent action taken by the Town of Los Gatos to adopt an Urgency Ordinance to preserve currently yacant retail spaces in their historic downtown commercial district by placing a moratorium on new Personal Service Businesses. The Los Gatos ordinance addressed a Town policy that classified Personal Service Businesses as a permitted use on street frontage in their historic downtown. In a moye to preserve the remaining yacant retail space and oyerall downtown business mix, the Los Gatos Town Council adopted an interim moratorium on new Personal Service Businesses to allow staff time to deyelop aItematiye approaches to regulating these types of uses. At the same meeting, Council directed staff to inyestigate whether the Saratoga Village has experienced the same trend away from retail towards a predominance of personal services. Saratoga's downtown historic business district has recently experienced a significant loss of retail shops. This is a trend experienced not only in the City of Saratoga's downtown but also in I many downtowns throughout California. Personal Service Businesses are an industry on the rise, . and with high yacancy rates downtown, the City of Saratoga is experiencing a surge in the applications for nail salons, hair parlors, and yarious other personal services. The most common Personal Service Businesses currently found in the downtown are hair and nail salons, which are allowed on ground floor spaces. A recent survey showed that 16 of 112 businesses in the Village were designated Personal Service Businesses as permitted uses. The following is a breakdown of all businesses classified under Personal Services: · Day Spas: 2 · Nail Salons: 3 · Hair Salons: 9 · Psychic: I While the numbers of Personal Service Businesses listed aboye may seem small, after an initial reyiew of City business licenses in calendar year 2001 approximately 10 locations in the Village were used for Personal Services Businesses. That the number increased slightly to 13 locations in calendar year 2002, and that thus far in calendar year 2003 the number has increased to 16 locations. Due to the size of our downtown the increase in personal services should be considered significant. Staff currently has two additional personal service businesses seeking possible yacancies in the Village, which haye not yet been reflected in the total personal service business inyentory. Council has allocated funds to improye the Village in hopes to make the downtown yibrant for residents and yisitors. With new streetscape furniture, a decoratiye lighting program, and upcoming parking management program, the desire to maintain a healthy business mix in the Village is becoming a concern. . Adoption of the Interim Ordinance will proyide temporary prohibition on personal service uses on ground floor spaces in the Village. Such temporary prohibition would allow staff time to research and deyelop recommendations for Council to consider for potentially regulating Personal Service Businesses in the Village (CH-1/CH-2 zones). If Council determines that the mix of businesses in the Village is at risk of being compromised, Council could approye the Interim Ordinance that would place a moratorium on any new Personal Services Businesses opening on first floor street ftontages in the Village. As discussed below, the initial term of the moratorium would be 45 days and could be extended subsequently for a total of two years. Saratoga Village Zoning The CHoU CH-2 Commercial Historic Zoning District controls land uses for downtown Bi~ Basin Way/HWY 9 beginning from HWY 9 & Saratoga-Los Gatos Road and ending past 6' street. Downtown Saratoga is often regarded as the main commercial historic district within the City of Saratoga. Personal Service Businesses are currently allowed in the CH-1/CH-2 zone . without a Conditional Use Permit (CUP). The following is a list of the permitted uses citywide 2 , . and additional restrictions, which apply in the Village under the CH-IICH-2 zones: · Permitted Uses: Retail and service establishments (for both personal and non-personal services) professional, administratiye and medical offices and financial institutions, when located either aboye the street leyel or at the street leyel if separated from the street frontage by a retail or service establishment. . . · Conditional Uses: (General) Community facilities, Institutional facilities, police and fire, religious and charitable institutions, nursing homes and day care facilities, public utility, multi-family dwel1ings, bed and breakfast establishments. · Conditional Uses - CH-lICH-2: (in addition) professional, administratiye and medical offices and financial institutions, when located at street leyel and haying frontage, theaters, religious institutions, single-family and multi-family. The Draft Ordinance The draft Ordinance (attached) would impose a moratorium on the establishment of new Personal Service Businesses in the Village. Each section of the ordinance is summarized below. A. Findings Section 1 of the Ordinance sets forth the rationale and immediate need for the moratorium. Goyemment Code section 65858(c) requires urgency interim ordinances to contain findings of a "current and immediate threat to the public health, safety, or welfare" that would be addressed by adopting the moratorium. The findings in the attached Ordinance explain that a moratorium on the establishment of new Personal Service Businesses is required to allow the City sufficient time to analyze this growing segment of retail businesses and deyelop comprehensiye regulations to encourage yariety within the Village retail area. Based on public testimony and Council discussion, the Council may wish to reyise the Ordinance to include other findings regarding the need for a moratorium. The Findings section also explains that the Ordinance is not subject to CEQA because it falls outside the definition of a project in the CEQA Guidelines. Section 15378 ofthe Guidelines proyides that a project is an action with potential for resulting in a direct or indirect physical change in the enyironment. Because the moratorium would not authorize any new Personal Service Businesses and would be of a limited duration, it does not create the potential for a physical change in the enyironment. The findings note that eyen if the moratorium were to be considered a project it would be exempt from further reyiew because it can be seen with certainty that there is no possibility that it may haye a significant effect on the enyironment. B. The Moratorium Section 2 of the Ordinance imposes the moratorium. This section proyides that notwithstanding any proYision of the General Plan, Saratoga City Code, or other City policies, no new Personal Service Business will be allowed to locate on the first floor of the Village, unless a lease has been executed prior to the effectiye date of the Ordinance. 3 , This Section also defines a Personal Service Business as a use, not conducted within an e office, proyiding services for the personal care of an indiyidual including, but not limited to, hair and nail salons and day spas. C. Duration of Ordinance and Extension Procedure Section 3 explains that the Ordinance is an interim urgency ordinance adopted pursuant to Goyemment Code section 65858. In accordance with that law, the Ordinance must be adopted by a 4/5ths yote and may remain in effect for no more than 45 days fTom the date of the Ordinance's adoption. As an Urgency Ordinance, the measure would take effect immediately upon approyal by 4/5ths of the Council. The Ordinance may be extended after the initial 45 days for up to 22 months and 15 days by a subsequent 4/5ths yote of the Council following additional public notice and an additional public hearing. Of course, the Council may extend the ordinance for a shorter period if it wishes. The Council could choose to adopt the moratorium as a non-urgency ordinance. In that case, the Ordinance would be considered and adopted as any other zoning ordinance amendment. In this instance staff would notice a public hearing for Noyember 5, 2003. The remaining sections of the ordinance set forth yarious procedural matters that are self- explanatory. e FISCAL IMPACTS: Adoption of the Interim Ordinance and preparation of recommendations regarding the potential changes to the Village (CH-l/CH-2 zones) for personal service uses will not haye a direct fiscal impact on the City. Howeyer, a continued loss of retail uses to Personal Service Businesses could result in erosion of sales tax reyenue to the City of Saratoga oyer time. ADVERTISING, NOTICING, AND PUBLIC CONTACT: A notice of public hearing was published in the Saratoga News. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Personal service uses in the Village would remain unchanged. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ATTACHMENTS: 1. Draft Interim Urgency Ordinance e 4 . . Exhibit A ORDINANCE NO. - AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. a. The City of Saratoga's Village business district has long been recognized as an area that has a mix of businesses that included a cross section of retail, service, restaurant, and personal service industries the contribute to our citizens quality of life. b. The City's Village Design Guidelines and Village Improyement Project both contain numerous goals to create a yibrant downtown where a mix of retail and service based businesses exist. c. A nationwide economic recession has reduced the demand for many retail goods resulting in retail business failures and increasing retail space yacancies in the Village. d. While the total number of Personal Service Businesses continues to grow, our current yacant retail space is being conyerted to additional Personal Service Businesses compromising our desired Village business mix. The City Council finds and declares as follows: A. The City does not haye complete and comprehensiye information analyzing the current business enyironment of the Village or describing the total number, type, and mix of businesses located therein, or the growth trend of different types of businesses, including Personal Service Businesses. B. The zoning proyisions ofthe City of Saratoga does not proyide a definition of "Personal Service Business" nor does it contain adequate procedures for inyestigating and addressing the impacts of new Personal Service Businesses in the Village. C. While the precise number of Personal Service Businesses has yet to be determined, an initial reyiew of City business license information indicates that in calendar year 2001 approximately 10 locations in the Village were used for Personal Services Businesses, that the number increased slightly to 13 locations in calendar year 2002, and that thus far in calendar year 2003 the number has increased to approximately 16 locations. D. While a more detailed survey may more accurately reflect the number of Personal Service Businesses in the Village, the preliminary information referred to herein, coupled with the pending and anticipated opening of more such businesses, suggests the existence of a large 1 and rapidly increasing number of Personal Service Businesses in the Village specializing in hair, nail, and skin care, and a trend ofyacant retail spaces conyerting to Personal Service Businesses. , E. An increase in the existing number of Personal Service Businesses in the Village potentially threatens the City's desired business mix of retail and service businesses in a number of ways, including, but not limited to, a concentration of Personal Services Businesses which limit or exclude other retail actiyities, the decrease of yaried retail opportunities thereby reducing the attractiyeness of the Village to both shoppers and new retail businesses, and ultimately jeopardizing the ability of the City's retail areas to successfully compete with other retail areas in the region. e F. The City's Department of Community Deyelopment has been directed to eyaluate and make recommendations to the Planning Commission and City Council regarding the necessity and potential fonn of regulation of new Personal Service Businesses. G. Establishment of new Personal Service Businesses during the time the City staff is studying the business enyironment and the yalue of imposing regulations on such businesses could result in conflicts with any regulations that might ultimately be adopted. H. For the reasons stated herein, the opening of new Personal Service Businesses in the Village during the tenn ofthis Interim Ordinance poses a current and immediate threat to public health, safety, and welfare. 1. This Ordinance is not a project subject to the California Enyironmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the eyent that this e Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdiyision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may haye a significant effect on the enyironment. The purpose ofthis Ordinance is to prohibit on an interim basis, new Personal Service Businesses in the Village, which may be otherwise pennissible under existing policies. The Ordinance will not create a change in the enyironment because it maintains the status quo. Any delay in opening such businesses is only temporary in nature, and would not indirectly or directly result in a physical change to the enyironment. Section 2. Regulation. The following regulation is hereby imposed. This regulation shall preyail oyer any conflicting proYisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations of the City of Saratoga: 1. During the tenn ofthis Interim Ordinance, no new Personal Service Business shall be located on the first floor ofthe Commercial Historic District (CH-l and CH-2), unless a lease has been executed prior to the effectiye date of this Ordinance. e 2 . \ . . . 2. "Personal Service Business" means a use, not conducted within an office, proyiding services for the personal care of an indiyidual including, but not limited to, hair and nail salons and day spas. Section 3. Interim Urgency Ordinance. Based upon the findings set forth in Section 1, aboye, this is an Interim Urgency Ordinance adopted pursuant to Goyemment Code section 65858, and pursuant to the authority granted to the City of Saratoga in Article 11, Section 7 of the California Constitution. This Ordinance shall therefore take effect immediately upon adoption. This Ordinance shall remain in effect for 45 days ftom the date of its adoption, unless extended by the City Council pursuant to Goyemment Code section 65858. Section 4. Reporting Requirement. Ten days prior to expiration of this Interim Ordinance or any extension, the City Council shall issue a written report pursuant to Goyemment Code section 65858(d) describing the measures taken to alleyiate the conditions which haye led to the adoption ofthis Interim Ordinance. Section 5. Seyerance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this Ordinance is seyerable and independent of eyery 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 inyalid, the City Council declares that it would haye adopted the remaining proyisions of this Ordinance irrespectiye ofthe portion held inyalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the inyalid portion has been eliminated. Section 6. Publication. This Ordinance or a comprehensiye summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. This interim Ordinance was passed and adopted at a regular meeting of the City Council of the City of Saratoga on ,2003 and adopted by at least a four-fifths (4/5) yote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABESNT: ABSTAIN: 3 P:\SARA TOGA \MA Tl \1'sOO 1 (urgency ordìnance).doc . ( SIGNED: . MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: CLERK OF THE CITY OF SARATOGA Saratoga, California . . 4 , . . . SARATOGA CITY COUNCIL ~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ¿;/ J ~ DEPTHEAD~~~. MEETING DATE: October 15, 2003 AGENDA ITEM: PREPARED BY: Lorie Tinfow SUBJECT: Explore Animal Control Service Options RECOMMENDED ACTIONS: Accept report, and direct staff and Council Representatiye accordingly. REPORT SUMMARY: At the October 1,2003, meeting, staff presented up-to-date cost information related to participating with the SV ACA Joint Powers Authority in the proyision of animal control services. Part of that information included news that the City of Los Gatos was considering alternatiyes to continuing with SV ACA and the financial effect their withdrawal would haye on Saratoga. Council directed the City Manager and Mayor to meet with their Los Gatos counterparts for further discussion, and the Assistant City Manager to contact San Jose for answers to two questions: 1. Does the San Jose animal control facility haye capacity to handle Saratoga's animals? 2. Is San Jose willing to discuss an arrangement to handle Saratoga's animals? The answers to both questions are "yes". In addition, San Jose offered to proyide a Letter of Intent regarding their interest including service leyel(s) and cost estimates. Copies of that letter will be proyided to Council as soon as it arriyes. Saratoga/Los Gatos Meeting The City Manager and Mayor met with their Los Gatos counterparts on October 3. In follow up to that meeting, the City Manager sent an email to SV ACA and City Managers of all participating Cities outlining concerns similar to those in Los Gatos' letter. In addition, the City Manager posed a number of questions to SV ACA's Executiye Director that yielded the following from SV ACA's attorney: · The Joint Powers Agreement permits notice of withdrawal effectiye the next fiscal year (July 1, 2004) to be giyen up through December 31st of the existing fiscal year. · If the parties were to commit to financing, both the old and new yersions ofthe JPA would consider that commitment an obligation of a withdrawing agency. · SV ACA is building into the Purchase and Sale Agreement for the Thomas Road property a financing contingency. SV ACA would receiye its deposit back ifthe parties cannot consummate the agreement for lack of sufficient financing. To further clarifY, the Cities are "committed" when the financing documents are finalized. At the ' October Board meeting, the Purchase and Sale Agreement will be presented for Board approYal and if approyed will require a refundable $100,000 deposit. The main refundable condition is obtaining . financing. Also at the October meeting will be the approyal of the financing mechanism to at least to start the process. Municipal Finance Corporation has indicated that the financing process takes 45-60 days. This process could yery well take until mid-December, close to the Dec. 31 withdrawal notification date. SV ACA's Executiye Director added that from a practical standpoint, the financing may now be a challenge. If Los Gatos and Saratoga, in addition to Cupertino, are not ready to commit to a financing of the project, why would the other 3 agencies "force the issue" with uncertain member agencies? Moreover, there would not be adequate security to close the financing and the lenders would not allow such a transaction to go forward unless it can secure agreements with all participating agencies. In sum, the financing transaction, as well as the property transaction, carmot be finalized until all member agencies haye determined whether they will stay with SV ACA or not. With two agencies on the fence, SV ACA doesn't expect to moye forward to close these transactions. The representatiyes of Campbell, Santa Clara and Monte Sereno haye told SV ACA they are 100% committed to the project. Shelter Redesign The City Manager also asked the Executiye Director if the JP A was willing to consider alternatiye shelter designs or future operations that reflect a significantly reduced scope of operations in order to cut future capital and operating costs significantly. The SV ACA Board has actiyely reyised the physical size of the facility as well as the size of the staff . and programs oyer the past year. They haye also reduced the hours of operation. After significant discussion the Board decided to start with fewer hours and staff, and increase one or both in the future if needed and if the economy improyes. The Board can certainly re-eyaluate their action plan. Howeyer, SV ACA staff has already cut out the Education positions, combined two supervisor positions into one, eliminated the adoption coordinator, as well as other positions. Similarly, the "building program" has been significantly reduced and there is concensus among the SV ACA Board, the Technical Adyisory Committee and SV ACA staff that the present shelter design is yery lean. As long as the shelter is intended to serve both owner surrendered animals and strays, no significant further downsizing is likely. Outside Animal Exercise Area SV ACA also addressed concems about no "outside" area for the dogs. Many shelters do not have outside exercise areas~the Humane Society does not, Hayward does not, the new San Jose shelter will-and haYing such an area is not a mandate. SV ACA does, howeyer, haye a plan to conyert some parking into a small exercise area if they receiye city permission. They can also haye the yolunteers take the dogs to a local dog park, if necessary. Los Gatos' Actions Los Gatos has issued a Request for Proposal to San Jose for animal control and shelter services. They expect the response in time for their Noyember 4 Council meeting. At that time, their staff will present three options: stay with SV ACA, contract with San Jose for both field and shelter services, or proyide . field services through their police department and contract with San Jose for shelter services. 2 . . . ALTERNATIVE ACTIONS: · Remain with SV ACA and commit to paying our share of full costs associated with proyiding animal control and sheltering services. · Notify SV ACA that Saratoga wíl1 withdraw effectiye June 30, 2004 and begin to seek alternate options for meeting animal control and sheltering services. · Direct Council representatiye to ask that financial decisions be postponed until after Noyember 4 when Los Gatos is expected to come to a determination on its future status with SV ACA. · Authorize Council representatiye to yote with discretion only on actions that do not commit Saratoga to any additional contribution of funds, i.e., determine whether to search for an architect or not. FINANCIAL IMPACTS: Should Council decide to continue with SV ACA, staff recommends participating in the financing plan, and defunding most of the existing Capital Improyement Program (CIP) commitment with the exception of capitalizing at least two years' worth of debt service in the CIP. FOLLOW UP ACTIONS: Staff will execute whateyer direction Council proyides. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: None. 3 SARATOGA CITY COUNCIL e MEETING DATE: Cìt ORIGINATING DEPT: City Manager's Office CITY MANAGER: P ~ ~ PREPARED BY: Lorie Tinfow DEPT HE~~ .d1 ~ October 15, 2003 AGENDA ITEM: SUBJECT: Amendment to the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority RECOMMENDED ACTIONS: Approye and authorize the City Manager to sign the attached amendment to the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority (SV ACA). REPORT SUMMARY: . At the September 2003 meeting of the SilicOIl Valley Animal Control Authority Board, the City of Cupertino explained that their Council did not approye the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority because of budget concerns. Specifically, they remain concerned about the potential for the JP A to force Member Agencies to contribute to shelter construction actiyities against their will. Cupertino expressed the same concern last year and a proyision that proyided protectiori against the JP A taking unilateral action was added in April 2003. That same proyision had not been included in the restated agreement. Because Cupertino remains a member agency until June 30, 2004, and because without their approyal the new JP A agreement carmot go into effect, the SV ACA Board approyed the attached amendment. With the amendment, each City retains control oyer total dollars committed to SV ACA. Saratoga approyed the new JP A agreement on September 3, 2003. ALTERNATIVE ACTIONS: Choose not to approye the amendment. FOLLOW UP ACTIONS: Staff will transport the executed amendment to the Silicon Valley Animal Control Authority Board. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. . ATTACHMENT: . Amendment to the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority FIRST AMENDMENT TO SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY This First Amendment is made and entered into as of by and among the Member Agencies of the Silicon Valley Animal Control Authority ("Authority") as defined in Section 1.14 of the Second Restated and Amended Joint Exercise of Powers Agreement that was approyed by the Authority on July 28, 2003 and presented to the Member Agencies for approyal in September and October of2003 (hereafter "Agreement"). WHEREAS, the Member Agencies desire to add language to Section 6.1 of the Agreement to require Member Agencies to obtain approyal of their allocated proportional share of the budget prior to the Authority Board's approyal ofthe fiscal year budget or any budget amendments that result in increases in the Member Agencies' allocated proportional shares during the course of the fiscal year; and WHEREAS, to accomplish this end, the Authority has approyed this First Amendment to the Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority, as more particularly specified below, and haye sent it out for approyal by the Member Agencies. NOW, THEREFORE, THE MEMBER AGENCIES AGREE AS FOLLOWS: 1. Section 6.1 of the Agreement shall be amended to insert the following language as a second paragraph in that Section: Each Member Agency shall approye the contribution of its allocated proportional share ofthe total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year. If, during the course of any giyen fiscal year, there are proposed amendments to the budget that would require increased amounts to be paid by each Member Agency oyer and aboye the allocated proportional share attributed to the budget then in effect, each Member Agency shall approye the payment of such additional amount prior to final action by the Board of Directors to approye any such budget amendment. 2. Except as expressly reyised by this First Amendment, all terms, conditions and requirements as set forth in the Agreement shall remain in full force and effect. 1 1057925.2 e . . . . . EXECUTION OF FIRST AMENDMENT TO AGREEMENT IN WITNESS WHEREOF, the parties hereto haye caused this First Amendment to Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein. MEMBER AGENCIES APPROVED AS TO FORM: By: Its: Date: CITY OF CAMPBELL, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: By: Its: Date: CITY OF CUPERTINO, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: 2 1057925.2 APPROVED AS TO FORM: CITY OF MONTE SERENO, a municipal corporation By: . By: Its: Date: Its; Date: ATTEST: By: Its: Date: APPROVED AS TO FORM: CITY OF SANTA CLARA, a municipal corporation By: By: Its: Date: Its; Date: ATTEST: By: Its: Date: . APPROVED AS TO FORM: By: Its: Date: CITY OF LOS GATOS, a municipal corporation By: Its; Date: ATTEST: By: Its: Date: . 3 1057925.2 . . . APPROVED AS TO FORM: By: Its: Date: ATTEST: By: Its: Date: CITY OF SARATOGA, a municipal corporation By: Its; Date: 4 1057925.2 e e . SARATOGA CITY COUNCIL MEETING DATE: \u CITY MANAGER: 6/ er:.-7 ~/ DEPTHE~d1~ October 15, 2003 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow SUBJECT: Deyelopment of Village Ad-Hoc Committee RECOMMENDED ACTION(S): Accept report and proyide direction to staff regarding deyeloping an ad-hoc committee to focus on ways to reyitalize the Village. REPORT SUMMARY: The Village continues to struggle to retain businesses and attract customers. The City of Saratoga has taken a number of steps to help: installed new benches and trash receptacles, new parking signs, and lighting in the trees to improye the eyening ambience. The City has co-sponsored eyents such as the annual tree-lighting ceremony, Art in the Park, etc., to bring people into the Village. Council has expressed interest in creating an ad-hoc committee to oyersee additional programs or other improyements that may assist business owners. Reyiew of the Village Design Guidelines has also been suggested by the Community Deyelopment Department as a possible actiyity for such a Committee. An ad-hoc committee typically has two City Council members who serve along with appropriate staff and releyant community members-in this case Village business owners and/or the Chamber of Commerce. Should Council proceed with creating a Village Improyement Ad-Hoc Committee, staff requests direction in the following areas: · Determine City Council participation · Determine any inyolyement of the business community and/or any criteria to determine who should participate · Set goals and a timeline for the committee · Clarify any additional constraints or direction for the committee Staff will be assigned depending on scope of committee actiyities. FISCAL IMPACTS: Establishing the committee would require staff time but no additional outlay of funds. Any programs deyeloped by the committee that may need funding would be considered by the Council as a whole. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): No recommended action. ALTERNATIVE ACTION(S): Establish a Saratoga Business Commission to adyise Council on a broad range of business topics and areas including the Village. FOLLOW UP ACTION(S): Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 20f2 . . .