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Home My WebLink About01-21-2004 City Council Agenda Packet *' . . . ... CITY OF SARATOGA CITY COUNCIL SITE VISIT TUESDAY, JANUARY 20, 2004 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEM ON THE CITY COUNCIL AGENDA FOR JANUARY 21,2004 ON JANUARY 20, 2004 City Council Site Visit - 3: 00 P.M. City Hall - 13777 Fruitvale Avenue Transportation Provided ARCHIVE copy Roll Call Report Of Posting Agenda (pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly-posted on January 15,2004) Agenda , ' 1) COMER DEBRIS BASIN -located at Comer and CaJabazas Creek 2) SAN JOSE ANIMAL SHELTER ~ 275 Monterey Highway, San Jose The City Council conducts site visits to properties which are new items on the City Council agenda. The site visits are held on Tuesday preceding the Wednesday hearing between 3 :00 p.m. - 5:00 p.m. Site visits only occur when there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. ... .. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JANUARY 21, 2004 . OPEN SESSION - 5: 30 P.M. JOINT MEETING WITH SARATOGA AREA SENIOR COORDINATING COUNIL (SASCC) CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to GovernmentCode séction 54956.9(b): (I potential case) . Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a» Name of case: City of Saratoga v. Hinz (6th District Court of Appeals No. H023549) Name of case: City of Saratoga v. Gen-Con, Inc. (U.S. Bankruptcy Court, N.D. California, No. 02-53885 JRG) Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Saratoga Union School District Agency claimed against: City of Saratoga Claimant: Thompson Pacific Construction Inc. Agency claimed against: City of Saratoga Claimant: Cecil & Gudrun Jones Agency claimed against: City of Saratoga . ~ ... REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITV ALE AVENUE e MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on January 15,2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instrutt stafJ accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions Report from SASCC. e Parks and Recreations Commission - Accept report and direct Commission accordingly. Report from Phylis Ballingall, Chair/Heritage Preservation Commission. Written Communications None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS . 1. Santa Clara County Sheriffs Department - Public Safety Report Recommended action: Informational only. 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. 2A. Approval of City Council Minutes:- November 19,2003 Recommended action: Approve minutes. 2B. Approval of City Council Minutes -December 3, 2003 Recommended action: Approve minutes. 2C. Approval of City Council Minutes - December 17, 2003 Recommended action: Approve minutes. 2D. Review of Check Register Recommended action: Approve check register. 2E. Planning Action Minutes - January 14, 2004 Recommended action: Note and file. 2F. Commission Attendance Records Recommended action: Informational only. 2G. Reappointment of Representative to Valley Transportation Authority's Bicycle Advisory Committee (BAC) Recommended action: Reappoint Jim Stallman to the Bicycle Advisory Committee. 2H. Amending the Deferred Compensation Plan and Trust Recommended action: Adopt resolution. 21. Ordinance Enabling City Manager and City Attorney to Approve Claims Filed $3,000 or Less Recommended action: Adopt ordinance. 3 ... ~ e e e ~ -'" e e . PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total often minutes maximumfor opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total offive minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) 3. Expand the City qfSaratoga's Urban Service Area Boundary to Include Two New Parcels, APN 503-48-029 & 503-48-028 Recommended action: Open public hearing and continue the item. OLD BUSINESS 4. Comer Debris Basin Modification Project Update Recommended action: Accept report and direct staff accordingly. 5. State Budget Update Recommended action: Accept report and direct staff accordingly. 6. Animal Control Services Provider Choices Recommended action: Accept report and direct staff accordingly. 7. City Council Polices Recommended action: Adopt resolution , ' NEW BUSINESS 8. Adopt Revised Neighborhood Traffic Management Program (NTMP) Recommended action: Approve revised NTMP and adopt document. 9. Discussion of Park User Agreements Recommended action: Accept report and direct staff accordingly. COMMISISON ASSIGNMENTS Mavor Waltonsmith Finance Commission LAFCO AdHoc Committee VTA Restroom Ad-Hoc West Valley College Ad-Hoc Committee 4 Vice Mavor King Arts Commission City/School Ad-Hoc Committee Mt. Winery Ad-Hoc Committee Norton Road Fire Access Ad-Hoc Committee Parks and Recreation Commission Village Ad-Hoc Committee Vision for Saratoga AdHoc Councilmember Kline Council Policies AD-Hoc Committee LAFCO Ad-Hoc Committee Library Commission Planning Commission Mt. Winery Ad-Hoc Committee Village Ad-Hoc Committee VTA Restroom Ad-Hoc Committee Councilmember Bogosian Council Policies AD-Hoc Committee Heritage Preservation Commission Councilmember Streit CitylSchool Ad-Hoc Committee Boundary Drop Oversight Committee Norton Road Fire Access Ad-Hoc Committee Public Safety Commission Vision for Saratoga AdHoc West Valley College Ad-Hoc Committee Youth Commission 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 CPR 35.102-35.104 ADA Title II). 5 '" ~ e e e ~ . . . -II Certificate of Posing of Agenda: 1. Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on January 15, 2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoza.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 1/24 Council Retreat - Hakone Gardens 2/4 Regular Meeting - Joint Meeting with Arts Commission 2/18 Meeting Cancelled - Lack of Quorum 3/3 Regular Meeting - Joint Meeting with Heritage Preservation Commission 3/17 Regular Meeting - Joint Meeting with Planning Commission 4/7 4/21 Regular Meeting - Joint Meeting with Saratoga Museum Association Regular Meeting - JointMeeting with Parks and Recreation Commission 5/5 5/19 Regular Meeting - Joint Meeting with Youth Commission Regular Meeting - Hakone Foundation 6/2 6/16 Regular Meeting - Joint Meeting with Public Safety Commission Regular Meeting - Joint Meeting with Friends of the Saratoga Library 7/7 7/21 Regular Meeting - Joint Meeting with Library Commission Regular Meeting 8/4 8/18 . Regular Meeting Summer Recess 9/1 9/15 Regular Meeting Regular Meeting 10/6 10/20 Regular Meeting Regular Meeting 11/3 11/17 Regular Meeting Regular Meeting 12/1 Regular Meeting 12/15 Regular Meeting - Council Reorganization 6 . . . SARATOGA CITY COUNCIL MEETING DATE: January 21, 1004 \ AGENDA ITEM: . \ CITY MANAGER: ?JJ c;::Ç:7/ ORIGINATING DEPT: City Manager's Office PREPARED BY, Cß<£0~( Cathleen Boyer, ity Clerk DEPT HEAD: SUBJECT: Santa Clara County Sheriff's Department- Public Safety Report RECOMMENDED ACTION: Informational only. REPORT SUMMARY: The City eliminated one traffic officer from the budget in FY 2002-2003, due to the recession. At that time the City Council asked the Sheriff s Office to report back in 6 months (January 2004) to get an update on the effect this has had on traffic in Saratoga. Captain John Hirakawa is present tonight's meeting to review the attached statistical report with the City Council. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A - Public Safety Report 2003 ~ , ' 1:: '" 0 ClD. o () ....0:: '" ... >-M mØC cn....O ....."'(' ocn >-tJ .... .- ¡:;:i5 :I Q, N a; :31<1 ~ ~ ~~If ;þ i1! ~ ~ m ~ ~ ~~ M 0 ~ ~ ~ ~ M N S " " £ M M M~ m g M :§ ~ N ~ ~ m M _ ~ M ~ M ;þ m m M ~ W M M " <Ï! " u :: M M U W ~ W U ~ ;t M " ~ m~ ~ ~ " ~ ~ ~ ~ ~ M ,; N N :g ~ :: m w Ñ ~ ~ ~ :: ~ ~ ~ 'ri ~ 0 M 'ri ~ m m 'ri ~ N ~ 0 :: ~ ~ ~ ~ N N ..; W 'M :<51'§ m ..; M ~ " ~ Ñ ~c:¡ ¡;¡ ~ ~~ ~ ~ :<: ~ 0 ~~ ~ ~ M é ~ 0 " :: ~ ~ ~ m ~ ~ ~ ~ ~ M ;2~ N m W ~ m m ~ " ~ ;t w Ñ ;t ~ ~ N " " :; :§ m M ~~ W ~ M~ M i1! ~ ~ m 0- ¡;¡ 0 g- :<5 w m M ~ m M " ~ " N <Ï! 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N N N N ø . c 0 :g ~ 'E " ~ãi' " " " " . '" " :õ E §-e " · c ~~ " 5 ~ " 0 õ z ? Q · · \ SARA TOGA CITY COUNCIL MEETING DATE: January 21, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: r D~~ DEPTHEAD: Cathleen 'Boyer, ¡ty Clerk z(1- OJ~/ SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes, REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting Regular meeting - November 19, 2003 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: · Attachment A - Minutes November 19, 2003 MINUTES SARATOGA CITY COUNCIL NOVEMBER 19, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue, at 6:00 p.m. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Legal Counsel- Initiation of litigation (Gov't Code section 54956.9(c): (3 potential cases). ' MA YaK'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there was CounciJ discussion but no action was taken. Mayor Streit ca]]ed the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Al1egiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Nonnan Kline, Vice Mayor Ann WaJtonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sul1ivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 19. 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 19, 2003 was properly posted on November 13, 2003. ~ / . . . COMMUNICATIONS FORM COMMISSIONS & PUBLIC e ORAL COMMUNICATIONS No one requested to speak at tonight's meeting: COMMUNICATIONS FORM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS e 1. PROCLAMATION - DECLARING WEEK OF NOVEMBER 24-30, 2003 AS NATIONAL FAMILY WEEK STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Bishop Bret England. SPECIAL PRESENTATIONS 2A. WEST V ALLEY CLEAN WATER PROGRAM - CHERI DONNELLY, PROGRAM MANAGER STAF RECOMMENDATION: Informational only. Cheri Donnelly, Program Manager, introduced herself noting that she represented the West Valley Clean Water Program. . Ms. Donnelly briefly provided the history of the program stating that it was created in 1994 and was a col1aboration of Campbel1, Saratoga, Los Gatos and Monte Sereno and West Valley Sanitation District. 2 Ms. Donnelly explained the purpose of the program stating that all cities are storm water dischargers and therefore required by federal law to have a permit. Ms. Donnelly noted that every year each city must update their Urban Runoff Management Plan. Ms. Donnelly explained the program's activities, highlights, illegal discharge program, inspection program, vehicle facility inspections, and restaurant pilot inspections. Ms. Donnelly described the program's public education events and activities. Ms. Donnelly ended her presentation with describing the new and redevelopment requirements of the :t\1J'DES penni¡ stating that each city would have to adopt an ordinance that reflects the new regulatory changes for planning approval and inspection processes. Councilmember Bogosian thanked Ms. DonnelJy for attending tonight's meeting and expressed his gratitude for the program. 2B. CERTIFICATE OF FINANCIAL EXCELLENCE A WARDED TO THE CITIZEN OVERSIGHT COMMITTEE (COe) BY THE CITY COUNCIL AS RECOMMENDED BY THE FINANCE COMMISSION STAFF RECOMMENDATION: Present award certificate. Richard AJ1en, ChairlFinance Commission, stated that last year the Finance Commission decided to start an award program to be given to individual groups for financial exceJ1ance. Chair AIle] stated that the COC did a great job and brought the library in under budget. Mayor Streit read the award and presented them to Chair Susan Calderon, Katie AJexander, Don Johnson, Norman Seigler and Allen King. Chair Calderon thanked Assistant City Manager Lorie Tinfow and the GiJbane staff for aJ1 of their hard work and dedication to the project CONSENT CALENDAR 3A APPROVE COUNCIL MEETING MINUTES REGULAR MEETING - OCTOBER 1, 2003 STAFF RECOMMENDATION: Approve minutes. W ALTONSMITH/BOGOSlAN MOVED TO APPROVE CITY COUNCIL MINUTES OF OCTOBER 1, 2003. MOTION PASSED 5-0. 3 e e e e e . 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BOGOSIAN MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 3C. FISCAL YEAR ENDED JUNE 30, 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) STAFF RECOMMENDA TION: Accept the CAFR. W ALTONSMITH/BOGOSIAN MOVED TO ACCEPT CAFR. MOTION PASSED 5-0. 3D PLANNING ACTlONMINUTES-NOVEMBERI2, 2003 STAFF RECOMMENDATION: Note and file. W ALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FOR NOVEMBER 12. 2003. MOTION PASSED 5-0. 3E. SECOND READING OF A ZONING ORDINANCE AMENDMENT- REVISIONS TO ARTICLE 15-06-DEFINITIONS STAFF RECOMMENDATION: Grant second reading and adopt ordinance. TITLE OF ORDINANCE: 223 W ALTONSMlTH/BOGOSIAN MOVED TO GRANT SECOND READING AND ADOPT ORDINANCE UPDATING AND ADDING VARIOUS DEFINITIONS TO 15-06 OF THE SARATOGA CODE. MOTION PASSED 5-0. 2F. SECOND READING OF AN ORDINANCE REGARDING TOWING AND REMOVAL OF BOATS, TRAILERS AND INOPERATIVE MOTOR VEHICLE FROM PRIVATE AND PUBLIC PROPERTY STAFF RECOMMENDATION: Grant second reading and adopt ordinance. TITLE OF ORDINANCE: 224 4 W ALTONSMITH/BOGOSlAN MOVED TO GRANT SECOND READING AND ADOPT ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING TOWING OR REMOVAL OF BOATS, TRAILERS AND ABANDONED, WRECKED, DISMANTLED, INOPERATIVE OR UNLAWFULLY STORED MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY. MOTION PASSED 5-0. e 3G. RESOLUTJON AMENDING THE 2003-04 OPERATING BUDGET BY APPROPRIATING $5,500 FOR IMPROVEMENTS TO THE SARATOGA HISTORICAL MUSEUM STAFF RECOMMENDATJON:. Adopt reso]ution. TITLE OF RESOLUTJON: 03-074 W ALTONSMITH/BOGOSlAN MOVED TO ADOPT RESOLUTJON AMENDING THE 2003-04 OPERATING BUDGET BY APPROPRIATING $5,500 FOR IMPROVEMENTS TO THE SARATOGA HISTORICAL MUSEUM. MOTION PASSED 5-0. 3H. FY 2003-2004 CDBG COUNTY/CITY CONTRACT STAFF RECOMMENDATJON: Adopt resolution authorizing the City Manager to execute a contract with Santa Clara County. e TJTLE OF RESOLUTION: 03-075 W ALTONSMITH/BOGOSlAN MOVED TO ADOPT RESOLUTJON AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2003-2004 COMMMUNITY DEVELOPMENT. BLOCK GRANT PROGRAM. MOTION PASSED 5-0. PUBLIC HEARINGS 4. ADOPTJON OF AN INTERIM ORDINANCE REGARDING NEW PERSONAL SERVICE BUSINESSES ON THE GROUND FLOOR IN THE . VILLAGE STAFF RECOMMENDATION: Accept public testimony regarding the draft Ordinance and adopt the ordinance. TJTLE OF ORDINANCE: 222 Tom SuIJivan, Community DeveJopment Director, presented staff report. Director SuIJivan explained that the draft ordinance prohibiting the establishment of new Personal Service Businesses in the ViIJage would extend the Urgency Ordinance by 10-months and 45 days. e 5 e . . Director Sullivan noted that the most common Persona] 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 out of 112 businesses in the Village were designated Personal Service Businesses as permitted uses. Director Sullivan reported that although the numbers may seem small, these types of business have increased over the past few years. Director SuIJivan stated that adoption of the ordinance would provide up to a two-. year prohibition on personal services uses on ground floor space in the Village, which would allow staff time to research and develop recommendations for the Planning Commission and City Council to consider adoption ofregulations relating to Personal Service Businesses. Director Sullivan explained the draft ordinance and noted that it must be passed by a 4/5 vote. Mayor Streit opened the public hearing and invited public comments. Seeing none Mayor Streit closed the public hearing. Councilmember Bogosian noted that he opposed the ordinance. Councilmember Bogosian stated that this ordinance is not in line with the City's economic plan. Mayor Streit noted that he supported the ordinance. Due to the recent adoption of the same ordinance in the Town of Los Gat os, Councilmember King stated that more personal service businesses might come to Saratoga. Councilmember Kline noted that he would support the ordinance in order to maintain the mix of businesses in the Village. Vice Mayor Waltonsmith noted that she would support the ordinance with the proviso that the Council re-examine the ordinance in one year. W ALTONSMITH/KING MOVEDTO ADOPT INTERIM ORDINANCE REGARDING NEW PERSONAL SERVICE BUSINESSES ON THE GROUND FLOOR IN THE VILLAGE. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSED. 5. THE GATEWAY DESIGN GUIDELINES STAFF RECOMMENDATION: Adopt GuideJines. TITLE OF RESOLUTION: 03-081 Tom SuIJivan, Community Development Director, presented staff report. 6 Director Su11ivan explained that the Gateway Design Guidelines is a policy document written to guide development of private property located along Saratoga-Sunnyvale Road between the railroad tracks at Azule Crossing and the City Limit line at Prospect Road. Director Sullivan noted that the Guidelines were presented to the Planning Commission in faJJ of 2002 and a resoJution was adopted to recommend the Guidelines to the City Counci1. Director Sullivan noted that the Guidelines caused disharmony amongst the business interest and the residential member of the taskforce. tit Director Sul1ivan noted that the City CounciJ proceeded to adopt four purpose statements and appointed a small sµbcommittee. The goals established for Saratoga-Sunnyvale Road were: · Successful Business Environment in the Saratoga-SunnyvaJe Corridor · Enhance Neighborhood Quality of Life · New commercial Projects to be Considered with the Rural Character of Saratoga · Gateway Design GuideJines to be Consistent with existing Saratoga Zoning Regu]ations Director Sullivan explained that the new subcommittee was charged with de- regulating the proposed document so that it contained policy rather that ordinance language. Director SuJJivan noted that the subcommittee met throughout the summer and faJJ 0[2003. On September 16, 2003 the subcommittee voted 6-]-] (member Mal10ry opposed, member Barry absent) to present the revised document to the City Counci1. The revisions make the document consistent with the City's other pojcy documents including the ViJJage Guidelines and the Residential Design Handbook. . Mayor Streit opened the public hearing and invited public comments. AI Sal stated that he was a member of the subcommittee and urged the Council to adopt the proposed document. Jack Mal10ry stated that he was a member of the subcommittee and did not support the document. Mr. Mal10ry stated that the document only satisfies property owners' interests. Katie Alexander stated that she was a member of the subcommittee and ful1y supported the document because it protects the residents' privacy and is pedestrian friendly. Jeff Walker urged the Council to oppose the document because it would change the character of Saratoga. Mayor Streit closed the public hearing. . 7 e e . Councilmember Kline thanked City staff and the committee members. Councilmember Kline noted that this was not an easy task. Councilmember Kline stated that the goaJ was to help create viable commercial environment and add value to the residential areas. Councilmember Kline noted that he feels that the Guidelines are business and pedestrian friendly. Vice Mayor Waltonsmith concurred with Councilmember Kline's comments and noted that she sUJ;>ported the Guidelines. Councilmember King noted that she supported the document. Mayor Streit noted that he supported the document. W ALTONSMlTH/KLINE MOVED TO ADOPT RESOLUTJON ACCEPTJNG THE GATEWAY DESJGN GUIDELINES. MOTION PASSED 5-0. OLD BUSINESS 6. UPDATE ON THE PROGRESS OF THE DRAFT MASTER PLAN FOR THE HISTORIC PARK STAFF RECOMMENDATJON: Accept report and direct staff accordingly John Livingstone, Associate Planner, presented staff report. Associate Planner Livingstone stated that on October 1, 2003 the City Council directed the Heritage Preservation Commission (HPC) to prepare a Master Plan for the Historic Park to be used as the basis for a grant application from the County of Santa Clara Parks and Recreation Department. Associate Planner Livingstone reported that a Draft Master Plan would be submitted to the County with the grant application no later than December 5, 2003. Associate Planner Livingstone noted that the HPC would like to keep the Council infonned of the progress being made and solicit comments on the draft plan from the Council. The draft plan will come back to the Council for a fonnal review. Phyllis Ballingall, HPC Chair, stated that she feels the City has a good chance in receiving the grant. Consensus of the City Counci1 to direct staff to continue the process and deveJopment of the Master Plan for the Historic Park. Consensus of the City Council to move to Item 10& 11. 8 NEW BUSINESS 10. DISCUSSION REGARDING AN EXISTING GENERA TOR LOCA TED AT 14038 CHESTER AVENUE STAFF RECOMMENDATION: Accept report; direct staff and advice Mr. Radding of City procedures. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that Mr. Radding has appeared before the Planning Commission and the City Council in an effort to call attention to his neighbor's generator. Director Sullivan stated that based on advise from the City Attorney Wittwer, Mr. Radding was advised that the Planning Commission did not have jurisdiction over appeals under Article 7-30 (Noise Control Regulation) where there was no permit approval required. The City CouncjJ has appeal jurisdiction. Mr. Radding was a]so advised that it was too ]ate to fj]e an appeaJ of a decision that has been made on or about May 1,2003. Director Sullivan noted that at this time Mr. Radding's options are limited 10 filing a compJaint with City Code Enforcement any time that the generator in question exceeds City Noise Standards for the time it is operating. The only exemption is when the generator is being operated to protect against a risk of flooding. A discussion took place in regards to the current operational times of the generator in question and discussed why the noise cannot be mitigated. Director Sullivan stated that the PJanning Commission is recommending that in the near future the City Counci] amend the Zoning Code to address emergency generators, requiring homeowners to apply for a use permit so the City could avoid these situations in the future. City Attorney Tay]or stated that the City's Code does not address the source of noise therefore there is no authority to direct the City to follow. City Attorney TayJor stated that the generator compJies with the City's noise ordinance during the day. The generator would only be in vio]ation if it operated at night other than . in the event of an emergency. Councilmember Kline asked Director Sullivan to clarify what the Council is supposed to act on. Director Sullivan stated that staff recommends that Council upho]d Attorney Wittwer's decision. Herb Radding addressed his concerns regarding the generator stating that he has been trying to work with his neighbor for over a year to mitigate the noise with no success. Mr. Radding asked the City Council to overrule the City Attorney's ruling. Mr. Radding noted that the bedrooms in his house are 75 feet away from the generator. 9 e . e e e . Vice Mayor Waltbnsmith stated that the City should have a mediation program. David Dornblaser noted that he is the owner of the generator and only installed it to operate the sump pumps. Mr. Dornblaser stated that he spent $20,000 on the quietest generator on the market. Mr. DombJaser also noted that his son does have a medical condition requiring that he use a humidifier during the night. Mr. Dornblaser noted that the generator operates once per week for 15 minutes and after that time his wife turns the switch off. Mr. Dornblaser stated the generator is for emergency use only. Mr. Dornblaser asked that the City stop harassing him on this issue because he has not violated any City codes. Mr. Dornblaser asked the Council to close this issue once and for all. Councilmember Kline noted there is no reason this has been brought to the City Council's attention, no code vio]ations have been sited nor does the Council have any enforcement rights. Councilmember Kline suggested that an additionaJ amendment to the City Code to address his type of issue be expedited. , Consensus of the City Council to direct staff to start the process to amend the City's code to address generator and look into starting a neighborhood mediation program. ] ]. PROPOSAL FOR ANIMAL CONTROL SERVICES FROM THE CITY OF SAN JOSE STAFF RECOMMENDA TJON: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staffreport. Assistant City Manager Tinfow stated that at the October 15th City Council meeting staff was directed to issue a RFP to the City of San Jose for Animal Control Services. Assistant CÜy Manager Tinfow noted that staff attempted to structure the RFP to elicit information and service levels at the minimal level and a level comparable to the level at SV ACA. The response is that staff cannot completely offer an apples to apples comparison. Assistant CÜy Manager Tinfow stated that the San Jose's proposaJ clearly reflects an understating of Saratoga's desire to maintain some level of certainty over long- term anima1 control costs. The proposed contract terms are as folJows: · $175,000 a year for the first 3 years · Contract to be increased in three-year increments according to the Consumer Price Index for Urban Consumer (CPIU) plus 2% · Contract for 20 years and every third year be reviewed Assistant City Manager Tinfow explained the costs differences between SV ACA and the CÜy of San Jose's proposal. 10 Assistant City Manager Tinfow noted that at a recent Town of Los Gatos meeting Council reviewed the City of San Jose's proposal and directed staff to negotiate a contract with them. Assistant City Manager Tinfow added that the City of Cupertino has recently partnered with the Town of Los Gatos on negotiations with San Jose. e Discussion took place amongst the City Council on the effects of the JPA if the Town of Los Gatos withdraws. Mayor Streit stated that his concern from the beginning has been to find the most cost effective anima] control services for the City of Saratoga with the appropriate Jeve] of service. Mayor Streit commented that the CounÔJ mjght not have cnough information tonight to compare aU 'of the options provided by San Jose and the proposed options that the City Managers came up with. Mayor Streit suggested that the City wait untiJ after the SV ACA Board meets on Monday, December 3'd. Councilmember Bogosian suggested that Los Gatos, Cupertino and Saratoga approach San Jose as a three city contract. Mayor Streit noted that he concurred with Councilmember Bogosian. Councilmember Kline stated that his concern is that each side is lowering their price in order to compete and questioned its feasibiJity in the Jong run. Consensus of the City Council to direct staff to work with Cupertino and Los Gatos to continue negotiations to refine and clarify provisions in the RFP response from the San Jose. e Mayor Streit dec]ared a break at 8:50 p.m. Mayor Streit reconvened the meeting at 9:00 p.m. OLD BUSINESS 7. CONTINUED DISCUSSION ON CITY COUNCIL CALENDAR FOR 2004 CONCERNING COUNCIL/COMMISSION JOINT MEETINGS STAFF RECOMMENDATION: , Accept report and direct staff accordingJy CathJeen Boyer, City CIerk, presented staff report. City Clerk Boyer stated that on November 5, 2003, staff presented the draft Meeting Calendar for 2004 to the City Council. The Council set the date for the Council Retreat on January 24,2003. After that a discussion took place in regards to the proposed date for the annual City/Commjssion joint meeting. e 1] e e . City Clerk Boyer explained that in the past the City Council metwith each Commission on the 2nd or 4th Tuesday of every month. In an effort to eliminate the amount of schedu]ed meetings, the City Council tried a different approach ]ast year. An aJJ day Saturday meeting was held aJJowing each Commission 45 minutes to meet with the Council. City Clerk Boyer stated that at the November 5th Council meeting it was suggested that Commissions meet with the City Council prior to the beginning ofregu]ar scheduled City Counci] meetings, which are held on the 1 Sf and 3Td Wednesday of every month. If Co unci] desires staff would schedule Closed Session from 5 :30 p.m. - 6:00 p.m. and a Joint Meeting with the various Commissions from 6:00 p.m. - 7:00 p.m. This forn1at wiJJ a!1ow all Councilmembers to attend the Joint meetings. Consensus of the City Council to schedu]e the Joint Meetings from 5:30 p.m.- 6:30 p.m. and schedule Closed Session from 6 p.m. -,7 p.m. 8. VILLAGE AD-HOC COMMITTEE PROPOSAL STAFF RECOMMENDATION: Accept report and direct staff accordingly Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow expJained that on October 15, 2003 Counci] expressed interest in establishing a Village Ad-Hoc Committee to support ViJJage Businesses. Assistant City Manager Tinfow stated that Councilmember King and Counci]member K1ine voJunteered and were commissioned to work with staff to develop a mission statement, pre1iminary goals and potentia] membership for a Village Ad-Hoc Committee. Assistant City Manager Tinfow briefly explained these topics deveJoped by the Ad-Hoc Committee. Assistant City Manager Tinfow pointed out the suggested AdHoc Committee members stating that Council is not being asked to appoint the 1isted people. Assistant City Manager noted that the Ad-Hoc Committee recommends that they operate for one year and then report back to the Council on progress and remaining objectives. Councilmember Bogosian suggested this item be a retreat topic to discuss what the Council would 1ike to see in the Village, which would provide the AdHoc Committee with some direction to start with. Councilmember K1ine suggested that at the first AdHoc Committee meeting the group should draft goals and objectives and present them to Counci] for discussion. ]2 Councilmember Bogosian noted that he thinks that CounciJ should discuss goals before the AdHoc Committee members are seJected. CounciJmember King stated that she thought the two Council liaisons choose the members. e Mayor Streit suggested that this item be brought back on December 17'h to discuss goals. 9. BUDGET AUTHORIZATJON TO SETTLE CLAIM OF RAIHARA BANO STAFF RECOMMENDA TJ ON :' Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that on .Tune 28, 2003 Raihana Bano presented a claim regarding an incident that occurred while she was visiting Hakone Gardens. The claimant alleges that she fell as she was climbing a set of steps located within Hakone Gardens. City Clerk Boyer pointed out that on September 17,2003 the City Council authorized ABAG settlement authority for the full self-insured retention amount of $25,000. City CJerk Boyer explained that staff is requesting direction from the Council regarding to the funding source. e Consensus of the City CounciJ to direct staff to pay claim form the CounciJ contingency budget. NEW BUSINESS 12. STRATEGY FOR LEGISLATIVE REDISTRICTING STAFF RECOMMENDATJON: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staffreport. City Manager Anderson presented that background in regards to the redistricting process. City Manager Anderson stated that the 2001 redistricting was based on population information from the 2000 census. City Manager Anderson noted that according to the California Constitution there could only be one redistricting each decade. City Manager Anderson stated that the Redistricting Bill (SB 8020) was passed by a. both houses of the Legislature and signed into Jaw by the Governor on September . 26, 2001. 13 e e . . City Manager Anderson noted that as it turned out, the new boundaries of Ca]ifornia State LegisJative Districts met the Jetter of the Jaw, but were highJy gerrymandered to protect incumbent legislators. This produced some very irregular district boundaries. Among the worst example of this kind is the new 1 5th Senate District. This new district encompasses the City of Saratoga on the northern boundary, folJowing the coastline south to Santa Cruz, Monterey, and to Santa Maria as it southern end. City Manager Anderson stated that the principal of "Communities of Interest" 'has been vioJated in this case. City Manager Anderson expJained that the effect of cutting City of Saratoga residents offfrom the rest ofSiJjcon VaJJey where it is located and associating it with coastal communities to the south divided by the Santa Cruz Mountains range, and two different counties. City Manager Anderson noted that the new Governor campaigned on the pJatfonn of insuring fair redistricting and competitive elections. Councilmember Bogosian asked if any other city has taken action on'this issue. City Manager Anderson repJjed that this issue is becoming a topic of discussion amongst the cj¡jes. Councilmember KJjne noted that the City of Santa Clara fiJed a lawsuit against the State on this matter - it's stjlJ ongoing. Councilmember KJjne noted that the City should be concerned not just with the districts that have been gerrymandered but alJ of the Senate seats because they alJ have affects on Saratoga. Councilmember King suggested that the West VaJJey Mayors/Managers Association discuss this issue. CounciJmember KJjne pointed out that currently the City's interests are not represented. Councilmember KJjne noted that the City should take a stand and write a letter to the Governor. Consensus of the City Council to write a letter to the Governor. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the foJJowing infonnation Heritaœ Preservation Commission - getting ready for the 3rd Annual Mustard Walk. Asked that staff remind Mr. Novacovich to pJant the mustard seed. They also voted to remove the barn of the Orchard Master Plan. Tree Ordinance Ad-Hoc Committee - on the agenda on December 3, 2003. Vice Mayor Waltonsmith the foJJowing infonnation: Arts Commission - beginning pJanning stages for Art in the Park for 2004. LAFCO AdHoc Committee - recently received the draft LAFCO Fire Protection Service Review. VTA Restroom Ad-Hoc - going out to bid. 14 Councilmember King the following information: Norton Road Fire Access Ad-Hoc Committee - wj]] be an upcoming agenda. Councilmember Kline reported the following information: Council Policies AD-Hoc CommÜtee - Ad-Hoc completed polices and will be on the December 3, 2003. CouncjJmember Bogosian had no reportable information. CITY COUNCIL ITEMS Councilmember Bogosian requested that the City Attorney provide an up to date accounting record of his invoJvement in regards to the DeAnzalPG&E Trail. Counci]member Kline noted that he supported Counci]member Bogosian's request. In regards to ADA comp]jance and ]iabj]ity, Counci]member King requested that staff provide Council with current information regarding the Book-Go-Round, Hakone, and the Library. Counci]member Kline requested that a mandatory neighborhood mediation program be looked into and agendized at a future meeting. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that the draft LAFCO County-wide Fire Protection Service Review is now available on their websÜe. ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 10:30 p.m. Respectfully submitted, CathJeen Boyer, CMC City Clerk 15 " e e e , J !\ /¡, , SARA TOGA CITY COUNCIL . MEETING DATE: January 21, 2004 AGENDA ITEM: 26 ORlGINA TING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -December 3, 2003 . FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: . Attachment A - Minutes December 3, 2003 MINUTES SARATOGA CITY COUNCIL DECEMBER 3, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue. at 6:00 p.m. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Legal Counsel - Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Charles O'Leary Agency cJaimed against City of Saratoga Conference with Legal Counsel- Consideration of Liability Claims (Gov't Code 54956.95): Claimant Zoreh Tabatabaie Agency cJaimed against: City of Saratoga 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. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cay Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 3. 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 3,2003 was properly posted on November 26, 2003. . , . . . 1 COMMUNICATIONS FORM COMMISSIONS & PUBLIC e ORAL COMMUNICATIONS The foJ1owing person requested to speak at tonight's meeting: Jerry Bruce noted that he was representing Federated Church. Mr. Bruce stated that Federated fuJ1y supports the proposed pedestrian activated lìght at the intersection of Highway 9 and Oak Place. COMMUNICATIONS FORM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Referring to Mr. BJ1Jce's comments, Coul1cilmember Bogosian requested that the pedestrian activated lìght be discussed when the CIP comes back to Council. e Councilmember Kline supported Councilmember Bogosian request. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. e W ALTONSMITH/KLlNE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2 lB. 2004 HAZARDOUS VEGETATION PROGRAM COMMENCEMENT RESOLUTION STAFF RECOMMENDATJON: Adopt resolution 'and set a public hearing date. TITLE OF RESOLUTION: 03-076 Councilmember King requested that item 1B be removed from the Consent Calendar. Counci]member King asked if the County would be sending two notices to effected property owners. . City Clerk Boyer noted that she would contact the County Fire Marshall's Office and report back to Council. KING/W ALTON SMITH MOVED TO ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING. MOTION PASSED 5-0. 1 C. REQUEST SANTA CLARA COUNTY TO AMEND THEIR SANBORN PARK TRAILS MASTER PLAN TO INCLUDE AN EASEMENT ACROSS COUNTY OWNED QUARRY LAND FOR POSSIBLE TRAIL DEVELOPMENT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-077 Councilmember King requested that item 1 C be removed from the Consent Calendar. Councj]member King stated that this was the request from the County to amend their Sanborn Trails Master PJan. Councj]member King stated that she recently discussed this property with the County and was to]d that Mid Peninsula Open Space District may be interested in this property. Councilmember King stated that Mid Pen suggested that the City get an appraisal on the property. Councilmember King asked if staff could be directed to get an appraisal of the property. 3 , e e e . . . , City Attorney Taylor stated that it would not be appropriate for Council to give staff direction this evening, but can place the item on a future agenda. Councilmember King requested that the staff be directed to return to Council at the next meeting with a report in regards to hiring an appraiser for the Quarry property. Vice Mayor Waltonsmith noted that she supported Councilmember King's request. Vice Mayor Waltonsmith requested that the resolution also be sent to the Board of Supervisors and the Road and Airports Division. WALTON SMITH/KING MOVED TO ADOPT RESOLUTJON EXI'RESSING INTEREST IN THE DEVELOPMENT OF QUARRY AS "SARA TOGA TO THE SEA TRAIL" AS AMENDED. MOTION PASSED 5-0. JD. CLAIM OF CHARLES O'LEARY: CLAIM NO. GL-055255 STAFF RECOMMENDATION: Reject claim. Councilmember Kline requested that item lD be removed from the Consent CaJendar. CouncjJmember Kline requested that an update to the Claims PoJicy be drafted and brought back to Council in the near future. KLINE/BOGOSIAN MOVED TO SETTLE CLAIM OF CHARLES O'LEARY. MOTION PASSED 4-1 WITH WALTOSNMTIH OPPOSING. IE. CLAIM OF ZOREH TABATABAIE: CLAIM NO. GL-054954 STAFF RECOMMENDATION: Reject claim. W AL TONSMITH/KLlNE MOVED TO REJECT CLAIM OF ZOREH TABATABAIE. MOTION PASSED 5-0. PUBLIC HEARINGS 2. REVISED TREE ORDINANCE STAFF RECOMMENDATION: Conduct Public Hearing; review changes suggested by the Tree Committee; give Ordinance 1st Reading; direct staff to place item on the next Agenda's Consent Calendar for Second Reading and Adoption. Tom Sullivan, Community Development Director, presented staff report. 4 Director Sullivan stated that the new Tree Ordinance Committee met on October 29,2003 and addressed the issues that had been raised during the last Public Hearing. Director SuJJivan noted that the City also received a Jetter from CherieJ Jensen. Ms. Jensen requested that the number of listed native trees be increased and suggested to decrease the size that some natives wouJd be considered protected. The Committee discussed Ms. Jensen suggestions and made recommendations to the ordinance. Director SuJJivan stated that following the adoption of the new tree regulations staff would modify the City's Tree Protection Handbook to ensure that jt is fuJJy consistent with the new ordinance and would prepare a series of educational articJes for the Saratogan. Mayor Streit opened the public hearing and invited any public input F.L. Stutzman noted that he supports the ordinance but is concerned that tbe $5,000 penaJty is not high enough. Robert Zager thanked the Council for appointing him to the subcommittee and noted that he feels the City shouJd adopt a "Good Forestry Practice". Cheriel Jensen suggested a couple of types tree species be removed from the protected tree list. Holly Davies noted that she fuJJy supports the proposed ordinance. Marge Ottenberg noted that she fuJJy supports the proposed ordinance. Isabel Gloege noted that she fuJJy supports the proposed ordinance. Muriel Maher noted that she fuJJy supports the proposed ordinance. JiJJ Hunter noted that she fuJJy supports the proposed ordinance except would like to see the appeal process remain at the Planning Commission level. EJizabeth Lora stated that Director SuJJivan did a great job crafting the proposed ordinance. Ms. Lora noted that she fuJJy supports the proposed ordinance except would like to see the appeal process remain at the Planning Commission level. Jeff Schwartz noted that he fuJJy supported the proposed ordinance. Tom Corson made suggestions to the ordinance. Mr. Corson pointed out that the section on required replacement of trees should be clearer, jt has been his experience that replacement trees never get planted. Vic Monia noted that he fuJJy supports the proposed ordinance. Chandru Idnani noted that he supports the preservation of trees because of their beauty and their ability to reduce noise. 5 , . e . . . . , Mayor Streit closed the public hearing. Councilmember King suggested that the City start a neighborhood mediation program. Director Sullivan noted that staff would be bring a report forward in January 2004 in regards to med¡âtion. Councilmember Bogosian requested that the City initiate the process to develop a Forestry Plan. Councilmember Kline supported Councilmember Bogosian request. WALTONSMITH/KING MOVED TO WAVE THE FIRST READING OF THE ORDINANCE: DIRECT STAFF TO PLACE ITEM ON THE NEXT AGENDA'S CONSENT CALENDAR FOR SECOND READING AND ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 3. ALTERNATE PROPOSAL FOR THE COMMEMORATIVE BENCH FOR WILL YS PECK AT THE SARA TOGA LIBRARY STAFF RECOMMENDATION: Consider an aJternate approach to honoring Willys Peck with a bench at the Saratoga Library. Consensus ofthe City Council to continue this item to December 17, 2003. 4. DEANZAlPG&E TRAIL PUBLIC PROCESS OPTIONS STAFF RECOMMENDATION: Accept report and provide direction to staff regarding the pubic process. Cary BJoomquist, Administrative AnaJyst, presented staff report. Analyst Bloomquist stated that at the October 15th City Council meeting staff was directed to move ahead with the process of developing a pedestrian/cycling trail on PG&E right-of-way lands running parallel to the railroad tracks between Saratoga and Saratoga-Sunnyvale Avenue. Council requested that staff generate options for an active public process and project development, which would occur over an estimated 12-24 month time frame. AnaJyst BJoomqujst stated that public outreach for thjs meetjng consisted of: · A direct mailer card to all 11,800 Saratoga households · A letter to 4,210 households within 500 feet of the proposed project · Hand delivered the same letter to over 50 homes in the Fredericksburg Drive neighborhood 6 AnaJyst Bloomquist presented three possible action plans to the City CounciJ in order to move forward with the process for the proposed project: · Action 1 Determine type and composition of body to conduct the public input process and project such as the Parks and Recreation Commission, Council AdHoc, or Blue Ribbon Committee. · Action 2 Provide direction to staff regarding the use of a professional facilitator to assist with the public. · Action 3 Direct staff to develop a cooperative agreement with the VT A and draft an escrow agreement with the anonymous donor for the purposes ofprocurjng funding for the proj ect. e Councilmember Kline noted that he thinks the three points should be reversed. Councilmember Kline stated that the funding sources should be secured first and then a facilitator should be contracted using funds from VT A and the anOn)1JJOUS donor. Director Cherbone responded that the actions presented tonight would happen concurrently. Darren Deffner, PG&E/Government Affairs Representative, noted that this project along their right-of-way is consistent with use of their property. Mr. Deffner stated that PG&E recognizes that tonight's decision is only the beginning of the process and there are no specific plans on the tabJe. Mr. Deffner stated that PG&E wouJd like to think the City would address some oftheir concerns such as safety, access, and maintenance. Mr. Deffner stated that PG&E looks forward to be a part of the process. . Robert Battalia noted that his concern is the increase of noise and cars in his neighborhood if the trail project moves forward. Mr. Battalia noted that an EIR has not been done nor has the neighbors concerns of liability and maintenance issues been addressed. Mr. Battalia noted that he opposes the project. Cal Coran noted that he has lived in the neighborhood for 30 years. Mr. Coran stated that he opposes the project. Michael Gilbert noted that he lives near the trail and fully supports the project. Sally O'Hearn stated that the proposed project would impact her quality of life. Ms. O'Hearn noted that there are many other trails throughout Saratoga. Ms. O'Hearn noted that she opposes the project. Lyle Leverich stated that he thinks the trail comes from nowhere and goes nowhere. Mr. Leverich stated that he opposes the project. . 7 e Alden Heintz requested that City Council to take the time to look at the whole picture. Ms. Heintz stated that if the trail is paved it would bring in different types of users. Ms. Heintz pointed out that the area around Rodeo Creek is a wild animal habitat and may need protective fencing. Margaret McCartney explained that her house backs up against Congress Spring Park and is opposed to the project. Referring the letter Mr. Brooks send to the neighborhood, Ms. McCarthy noted that she was shocked that he would have the audacity to send out such a Jetter. Bob WaIJace suggested that the City secure the land and look at the project in the future. Donna Poppenhagen noted that she has lived in her neighborhood for 35 years and is opposed to the project. Ms. Poppenhagen stated that her concerns, safety and the potential danger at the rail crossing at Cox A venue. Ms. Poppenhagen stated she feels the project is being rushed through the process. Jack Palmtag noted that he opposes the project and thinks it is a waste of money. Rita Witmer noted that she opposes the project and thanked the Council for aIJ of noticing she received in regards to this meeting. Mrs. Witmer asked how the City could possible built another trail with the current budget constraints. e BiIJ Witmer stated that in 2001, 85 people directly affected by the trail signed a petition opposing the trail and submitted it the City. Mr. Wittmer stated that in November 2003, a second petition was submitted to the City with 168 names opposing the trail. Mr. Wittmer stated that the City assured the neighbors that the trail project would not move forward without neighborhood buy in. Cheriel Jensen noted that she has been walked many trails aIJ over the county and never experienced any of the problems mentioned here this evening. Ms. Jensen noted that she supports the proj ect. Richard Brown noted hat he has lived here for 29 years and urged the Council not to go forward with the trail. Joe Walton noted that he is a City of Cupertino resident and lives along a trail. Mr. Walton noted in order for the project to be a success the neighbors concerns need to be mitigated. Mr. Walton stated that he supported the project. Diane Reese her entire back fence runs along the trail. Mr. Reese stated that many peopJe currently use the trail as is and she has never had any problems. Ms. Reese stated that the project would make the trail safer and cleaner. . Marge Ottenberg noted that she has Jived in Saratoga for 42 years and the last ten years she has been riding her bicycle along the trail to get to De Anza ColJege. Mrs. Ottenberg noted that someday the railroad line will be deserted and at that time the Jand couJd be soJd to VTA for a Jight raiJ system. Ms. Ottenberg stated that she doesn't' think that fonnalizing the trail would bring in more users. 8 Pat Andresen noted that she uses the trail frequently. Ms. Andresen noted that the City doesn't have the funds to maintain or protect another trail. Ms. Andresen noted that she opposes the proj ect. Bret Bigley noted that his property abuts the trail and stated that he opposed the deveJopment of the trail. Mr. BigJey pointed out that there are currentJy severaJ other places to walk throughout the City. Una Daily noted that her concerns are safety and security. Isabel Gloege noted that she ful1y supported the trail. Steve Benzing noted that he opposed the deveJopment of the trail. Mr. Benzing stated that fonna]izing the traiJ wouJd increase noise and traffic in his neighborhood. Sondra Benzing noted that her property abuts the trail and noted that ,she does not support any further deveJopment of it. Sue Barrera noted that she opposed the development of the trail. Steve Olson noted that he is a Mountain view resident who lives along a trail. Mr. Olsen stated that he has no particular vested interest in this trail but was present tonight to give his support. Mr. Olson stated that he and his neighbors shad similar concerns that have been voiced this evening. Mr. Olsen stated that studies have shown that crimes on urban trails are usual1y based on the crime rate in the community. A.Imie Ng noted that she was a Cupertino resident and was the Chair of the UPRR Trail Task Force a few years ago. Ms. Ng encouraged the City to move forward with the process of the trail. Phillip Baker noted that he was representing the Youth Commission. Mr. Baker noted that the Youth Commission ful1y supports the development of the trail. Marty Goldberg noted that he supports the development of this trail. Louise Schaffer presented the Council with a Jetter because she lost her voice. Councilmember King read Ms. Schaffer's letter stating that she supported the development ofthe trail. Maria Guerra that she opposed the development of the trail Vic Monia noted that he supports the development of this trail. Anne Dunham noted that her property is in the County and directly is in front of a Mid Peninsula Open Space Trail entrance. Ms. Dunham stated that she has never had any problems since the trail opened. 9 . . . e Howard Miller stated that he lives along Highway 85. Mr. Miller stated that he moved here before Highway 85 opened. Mr. MjJJer stated some days it is rea]]y loud. Mr. Miller stated that his house has been robbed. Mr. Miller stated that he fully supports the trail because it would be a great benefit to the community just like Highway 85. Doug Robertson stated that he is a new resident to Saratoga and moved here because of the quality oflife and the schools. Mr. Robertson noted that he supports the development of this trail and stated that the neighbors need to be incJuded in the process. Chuck Jacobson noted that he supports the development of this trail. Logan Deimler noted that he supports the development of this trail. William Brooks noted that he supports the development of this trail. Patty Ciesla noted that she represented the Santa Clara County Parks and Recreation Commission. Ms. Ciesla stated that studies have shown that people who live along trails have the greatest benefits. Walter Spector noted that he supports the development of this trail in an effort to get more cars off the roads in Saratoga. e Dennis Dumont noted that he supports the development of this trail. Julie Daniel noted that she supports the trail as is but the City should move forward to secure the land as open space. Sandra Dodge noted that she is a Parks and Recreation Commissioner. Commissioner Dodge stated that the City has to establish this land as an easement. Commissioner Dodge stated that the PRC is willing to facijtate public forums to help the Council with the process. Ray Cosyn noted that he supports the development of this trail. Jeanne Carter stated that tbe peopJe in favor oftbe traiJ do not Jjve near tbe trai] and will not be affected. Ms. Carter asked how the City would police the trail. Captain John Hirakawa, representing the SCC Sheriffs Department, stated that he cannot find any correlation between patbways/trails and home burglaries. Captain Hirakawa stated that burglaries don't go up with new trails. Mayor Streit asked if the Sberiffs Department have the capability to use deputies on bicycles. e Captain Hirakawa responded that it was a possibility. 10 Ben Lopes, Chief/Santa Clara County Fire District, noted that the District would be interested in the being involved in the process. The District's concerns with the trail are access, vegetation, and maintenance. Gordon Duncan, Chief/Saratoga Fire Protection District, stated that he has over 20 years of experience with bike trails. Chief Duncan stated that adequate access has been a priority. Chief Duncan noted he believes that crimes along this trail would be minimal. e Vice Mayor WaJtonsmith noted that she feels parks and trails are amenitjes to the community. Vice Mayor Waltonsmith believes this trail, addressing the concerns of the neighbors, wou]d be a great amenity to the community. Vice Mayor WaJtonsmith noted that the City must go forward with this project. Councilmember Kline thanked everyone for coming this evening and pointed out that there seems to be a spJit vote in the community for and against the trial. Councilmember Kline noted that the arguments on both sides were very impressive. Councilmember Kline noted that he was involved in the ,City of Santa C]ara's San Tomas Aquino Trail. Counci]member Kline noted that this trai] added value to the surrounding properties. Councilmember Kline noted that he supports moving forward if the funds are secured. CounciJmember Bogosian pointed out that this discussion was democracy at it's best. Councilmember Bogosian stated that he was concerned about the costs for maintaining the trai] since the City could be facing a 20% budget cut: Councilmember Bogosian stated that if the project were to move forward the scope of work should be clearly defined and the City hire a neutral facilitator. e Councilmember King noted that she concurred with her co]Jeague's comments and the City should do their due diligence to mitigate the neighborhood's concerns. Mayor Streit stated that he supports moving forward with the project. Mayor Streit noted that the first step must be to secure the funding sources. Ceil Chung, VT AlBicycJe Program Coordinator, stated that the first phase of investigation would be funded from Measure B. Currently there is approximately $12 mi11ion for Santa Clara County and only $3 mi11ion has been programmed, These funds are programmed in phases. Ms. Chung stated that there are no restrictions on what measure B funds could be used. Ms. Chung stated that the overa]J a]Jocation for this project is $1.6 mi11ion. A discussion took p]ace in regards to the anonymous donor agreement. Councilmember Kline asked if the name of the donor would be made public. Director Cherbone noted that the donor would like to remain anonymous because of the opposition. The donor feels intimidated. Vice Mayor Waltonsmith noted that eventually a plaque wou]d be placed on the trail. e 11 . e . , City Attorney Taylor noted that the structure of the agreement would be for the anonymous donor to set up an escrow account. The agreement would be public information but the donor has given their attorney the power to speak on their behalf. Councilmember Kline noted that an anonymous donor is bad government. Councilmember Kline noted that he wou]d not support the project because of this. WALTONSMITH/KING MOVED TO DIRECT STAFF TO DEVELOP A COOPERATIVE AGREEMENT WITH THE VT A AND DRAFT AN ESCROW AGREEMENT WITH THE AN01\'YMOUS DONOR FOR THE PURPOSES OF PROCURING FUNDING FOR THE PROJECT. MOTION PASSED 4-1 WITH KLINE OPPOSING. W ALTONSMITH/KING MOVED TO DIRECT STAFF TO PREP ARE AN RFP FOR A PROFESSIONAL FACILTIOR AND RETURN TO COUNCIL TO DISCUSS OPTIONS FOR SELECTING THE FACILITOR. MOTJON PASSED 5-0. 5. ANIMAL CONTROL ALTERNATIVES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson stated that at the October 15, 2003 City Counci] meeting CounciJ directed staff to issue a request for proposals to San Jose for Anima] Control Services. The RFP was presented to the Councj] at the November 19, 2003 meeting. City Manager Anderson noted that negotiations are ongoing with San Jose to refine and clarify provisions in the RFP response. As reported on November 19th City Managers worked with the SV AC staff to put together severa] a1ternatives for Cupertino, Los Gatos and Saratoga to consider. The a1ternatives were presented to the SV ACA Board on November 24th. City Manager Anderson stated that the SV ACA Board discussed the City Manager's proposa] and approved options 1 and 2. Option 1 wou]d maintain the JP A as is, but reduce the shelter contribution for Cupertino, Los Gatos, and Saratoga to match that required in San Jose's proposal and is intended to provide competitive level of service and cost of operation. The equity position would be proportionate to the contribution and the Board composition and voting structure would remain the same. The Board a]so acted to authorize staff to negotiate with the owner of the Thomas Road property to extend earnest money deadline to February 15, 2004. The Board a]so acted to extend the deadline for wÜhdrawaJ from SV ACA to January 25, 2004. 12 City Manager Anderson explained stated that under Option 2, the three cities would withdraw from the JP A, and would enter into separate contracts with the JPA for field and sheJter services. The capital contribution would be the same as quoted in the SanJose proposal and would be "non-equity" positions. e City Manager Anderson stated that both the SV ACA and San Jose proposal would be presented and analyzed in a comprehensive report at the December 17'h City Council meeting. In addition, Councilmember Bogosian added that it looks like SV ACA would be given an extension on the Thomas Road property. Mayor Streit thanked City Manager Anderson for his update. NEW BUSINESS 6. FIRE ALARM COST BENEFIT ANALYSIS STAFF RECOMMENDATJON: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that at the November 5, 2003 City Council meeting, the bid for the contract for the instal1ation of a fire alarm system was awarded. The contract provided materials, equipment and labor to instal1 fire alarms at the Civic _ Center Administration/Planning buildings and the Civic Theatre. .. Director Baloca stated that during Council's review, the issue regarding the potential savings in insurance premiums if fire alarms were instal1ed in the public works corporation yard and the Warner Hutton House was raised. Director Baloca explained the City's membership in the Association of bay Area Government (ABA G) liability pool. According to the City's Risk Manager at ABAG, the overal1 values of the property program are so large that the change probably won't be reflected in the premium. Consensus of the City Council to bring this item back for review in one year. Mayor Streit thanked Director Baloca for his report. Mayor Streit declared a break at 11: 1 0 p.m. Mayor Streit reconvened the meeting at 11 :25 p.m. 7. LAFCO COUNCIL ADHOC COMMITTEE REPORT ON COUNTY-WIDE FIRE PROTECTION SERVICE REVIEW STAFF RECOMMENDA nON: Accept report and pride further direction to City staff and Council Subcommittee. e 13 Dave Anderson, City Manager, presented staff report. . City Manager Anderson stated that the draft countywide Fire Protection Service Review report was issued on November 18,2003. The Service Review includes all fire service agreements in the County including seven city fire departments and four Fire Protection Districts. City Manager Anderson stated that the report includes a special in-depth report on regional fire protection alternatives for Saratoga and surrounding areas. This special area of study was initiated because of a concern with duphcation of service with two separate jurisdictions providing for emergency and EMS response in the City of Saratoga. The report presents four alternatives related to possible governmental reorganization of the for service delivery, including: 1) Dissolution of the Saratoga'Fire Protection District and annexation to County Fire 2) The City withdrawing from both Districts and making a decision about unified approach to service delivery to the City of Saratoga 3) Expansion of the Saratoga Fire protection District into the County fire area of the City of Saratoga 4) Continuation ofthe current approach with/without additional service improvements e City Manager Anderson stated that LAFCO consultants would present this item at the LAFCO meeting on December 10,2003. A pubhc hearing is scheduled for February 11, 2004. LAFCO is soliciting comments from the affected agencies and the pubhc by January 7,2004. City Manager Anderson explained to the City Council the four recommendations formed by the LAFCO AdHoc Subcommittee to pass on to LAFCO. HaJ Toppel, Attorney/SFPD, noted that the SFPD would provide LAFCO a fuJl response. Mr. Toppel noted that he found many factual errors in the report. Mr. Toppel requested that the City meet with the SFPD before responding to the report. Ed FemeJl noted that he is in the SFPD service area and requested a copy ofSFPD response to LAFCO. Ben Lopes, Chief/Santa Clara County Fire District, noted that both districts have a Jot at risk. Chief Lopes pointed out that the report identifies issues throughout the county not just in Saratoga. Chief Lopes noted that he also found a few factual errors. Discussion took place amongst the Council in regards to the recommendations of the LAFCO Subcommittee. . Consensus of the City Council to direct the LAFCO Subcommittee with meet with both districts before January 7, 2004. 14 8. COMMISSION VACANCY UPDATE AND PROPOSED INTERVIEW DATES STAFF RECOMMENDATION: Accept report and direct staff accordingly. e Consensus of the City Council to continue this item to December 17,2003. 9. CITY COUNCIL POLICES STAFF RECOMMENDA TI ON: Accept report and direct staff accordingly. Consensus ofthe City Council to continue this item to December 17,2003. AGENCY ASSIGNMENTS Mayor Nick Streit had nor reportable infolTIJation. Vice Mayor Ann Waltonsmith had no reportable infolTIJation. Councilmember Kathleen King had no reportable infolTIJation. Councilmember Norman K1ine Librarv Joint Powers Association - JP A Board passed two resolutions in regards to the March 2004 ballot. Campaign fundraising efforts are ¡ow. . Councilmember Stan Bogosian had no reportable infolTIJation. CITY COUNCIL ITEMS Referring to the new Chamber of Commerce Directory, Vice Mayor Walton smith pointed out that it is very nice. OTHER None CITY MANAGER'S REPORT None . 15 . . . ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 12:05 a.m. Respectfully submitted, Cathleen Boyer, CMC City CJerk 16 . p SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office AGENDA ITEM: CITY MANAGER: ..£JJ~ 2~ . MEETING DATE: January 21, 2004 PREPARED BY: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes REPORT SUMMARY: Approve minutes as submitted for tbe following City Council Meeting Regular meeting - December 17, 2003 . FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: .. Attachment A - Minutes December 17, 2003 . MINUTES SARATOGA CITY COUNCIL DECEMBER 17, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue. at 6:00 p.m. . Conference with Legal Counsel - Threatened Litigation: Significant exposure to ]itigation pursuant to Government Code section 54956.9(b): (1 potentia] case) Conference with Lega] Counsel- Initiation oflitigation (Gov't Code section 54956.9(c): (1 potentia] case). . Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a» Name of case: City of Saratoga v. EscamiIJa (Santa Clara County Superior Court No.I-03-CV-0053) Conference With Legal Counse] - Existing Litigation: (Government Code section 54956.9(a» Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No.03-57342-JRGll MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. . Mayor WaJtonsmith reported there was Counci discussion but no action was taken. Mayor WaJtonsmith caIJed the Regular City Council meeting to order at 7:00 p.m. and lead the P]edge of AIJegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman KJine, Nick Streit Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cath]een Boyer, City C]erk Jesse Baloca, Administrative Services Director Tom SuIJivan, Community Development Director John Cherbone, Public Works Director . e e . REPORT OF CITY CLERK ON POSTING OF AGENDA FORDECEMBER 17, 2003 Cathleen Boyer, City C]erk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 17, 2003 was properly posted on December 12, 2003. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Ed Ferrell spoke in regards to the proposed emergency access road on Norton Road. Mr. Ferrell stated that Montalvo has dozen of acres of flammable land. Mr. Ferrell stat¡;d that the Villa Montalvo Trustees must be made to realize that they have more to loose than everyone if the fire engines cannot get to the fire. Mr. Ferrell asked for a status report in regards to the road. Beverly Phipps spoke in regards to the proposed emergency access road on Norton Road. Mr. Phipps stated that two years ago he brought this to the City Council's attention. Mr. Phipps noted that he would like a status report on the matter. COMMUNICATIONS FORM COMMISSIONS Phyllis Ballingal, Chair/Heritage Preservation Commission, congratulated the new Mayor and Vice Mayor and thanked Councilmember Streit for his support as the liaison on the HPC. Chair Ballingall requested that the City Counci] agendize a discussion in regards to establishing the Village as a Historic District. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Bogosian requested that the Heritage Preservation Commission's request be brought back to Council with a formal report. Councilmember Kline supported Councilmember Bogosian's request. Councilmember Bogosian requested that a formal status report on the Norton Road fire access be brought back to the City Council. Vice Mayor King noted that issue is on the agenda planner for February. Councilmember Streit added that the AdHoc Committee is still having discussions with the Board of Director from Villa Monta1vo. 2 Councilmember Bogosian repeated his request stating that the public has a right to know what is going on and participate in the discussions. e Mayor Wa1tonsmith directed staff to prepare a status report on the Norton Road fire access. ANNOUNCEMENTS Mayor Wa1tonsmith announced that City HalJ would be closed from December 24,2003- January 5, 2004. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA APPROVAL OF CITY COUNCIL MINUTES - OCTOBER 15,2003 STAFF RECOMMENDATION: Approve minutes. e Vice Mayor King requested that item lA be removed from the Consent Calendar. Vice Mayor King pointed out that Councilmember Bogosian is listed as absent on the rolJ calJ, but he was present that evening. KINGIKLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF OCTOBER 15, 2003 AS AMENDED. MOTION PASSED 5-0. 1B APPROVAL OF CITY COUNCIL MINUTES - NOVEMBER 5, 2003 STAFF RECOMMENDATION: Approve minutes. Mayor Waltonsmith requested that item IB be removed from the Consent Calendar. Mayor Wa1tonsmith requested that on page 16 the comment should say "Vice Mayor Waltonsmith asked Director Sullivan if the word "horses" could be replaced with the word with "equines"." KlNG/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF NOVEMBER 5. 2003 AS AMENDED. MOTION PASSED 5-0. e 3 e e . Ie. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KING/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. !D. PLANNING ACTION MINUTES - DECEMBER 10,2003 STAFF RECOMMENDATION: Note and fiJe. KING/KLINE MOVED TO NOTE AND FILE PLANNING ACTJON MINUTES FORDECEMBER 10,2003. MOTION PASSED 5-0. IE. RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION LIAISON APPOINTMENTS STAFF RECOMMENDAT1ON: Adopt resolution. TITLE OF RESOLUTION: 03-078 Vice Mayor King requested that item IE be removed from the Consent Calendar. Councilmember King requested that she and Councilmember Streit remain as the liaisons on the Norton Road AdHoc Committee; they have already scheduled two meetings in January and are expected to be there. Councilmember Bogosian concurred. Councilmember Kline noted that he has a conflict with the Chamber of Commerce's meeting time. Vice Mayor King noted that she would take the Chamber assignment. In regards to the Boundary Drop Oversight Committee, Councilmember Bogosian asked when this Committee was fonned. City Manager Anderson responded that the Committee was part of the Boundary Drop Agreement. KING/STREIT MOVED TO ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISS1ON APPOINTMENTS AS AMENDED. MOTION PASSED 5-0. 4 IF. SECOND READING AND ADOPTION OF TREE REGULATIONS e STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 226 Tom Corson requested that item IF be removed fTOm the Consent Calendar. Mr. Corson stated that in the new ordinance there is a three level appeal process, now it would cost the appellant $400, which to him seems onerous. Ed Ferrell noted that he recently read the ordinance on the City's website and thought it was quite onerous and vague. Mr. Ferrell noted that he didn't agree wÜh the section on pruning. STREIT/BOGOSIAN MOVED TO ADOPT 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 FORJ\WLA CONTAINED IN THE GUIDE FOR PLANT APPRAISAL e (APRIL 2000 EDITION. MOTION PASSED 5-0. 1G. SECOND AMENDMENT TO SECOND REST A TED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON V ALLEY ANIMAL CONTROL AUTHORITY STAFF RECOMMENDATION: Authorize execution of agreement. KING/KLINE MOVED TO AUTHORIZE EXECUTION OF AGREEMENT. MOTION PASSED 5-0. IH. AWARD OF CONTRACT FOR VTA'S OPERATOR'S FACILITY STAFF RECOMMENDATION: 1. Reject all bids received on the project. 2. Direct staff to solicit new bids for the facility located in the parking lot. Councilmember Kline requested that item IH be removed from the Consent CaJendar. Councilmember Kline noted that Director Cherbone had an update on this project. e 5 . . . Director Cherbone explained that he recently met with the residents and they would like to keep the hi11side design as an option and are looking at funding opportunities outside the City Director Cherbone stated that the Council should reject the bids and a110w him to work with the contractors to find ways to reduce costs. Councilmember Streit stated that staff has spent a huge amount of money over the past year on this project and suggested that it may be the appropriate time to turn the project back to the Va11ey Transportation Authority (VTA). Councilmember Streit stated that the City budgeted $220,000 for this project and the bjds came in over $500,000. Councilmember Streit stated that tbe residents should cover the difference. Director Cherbone asked if staff couJd have another attempt at this project before turning it back over to the VTA. KING/KLINE MOVED TO REJECT BIDS AND DIRECT STAFF TO SOLICIT NEW BIDS FOR THE FACILITY LOCATED IN THE PAnKJNG LOT. MOTION PASSED 5-0. II. REQUEST CHANGE ORDER AUTHORITY ON HERITAGE ORCHARD STAFF RECOMMENDATION: Approve increase of$35,138 to existing contract with Republic Electric for eJectric power extension from Saratoga Library to the Heritage Orchard. Approve increase of $36,474 to the existing contract with Maggiora Brothers Dril1ing, Inc. for Heritage Orchard irrigation system. KING/KLINE MOVED TO APPROVE INCREASE OF $35.138 TO EXISTING CONTRACT WITH REPUBLIC ELECTRIC FOR ELECTRIC POWER EXTENSION FROM SARATOGA LIBRARY TO THE HERITAGE ORCHARD. APPROVE INCREASE OF $36,474 TO THE EXISTING CONTRACT WITH MAGGIORA BROTHERS DRILLING, INC. FOR HERITAGE ORCHARD IRRIGATION SYSTEM. MOTION PASSED 5-0. 11. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-079 KING/KLINE MOVED TO ADOPT RESOLUTION REPORTING ON USE OF SUPPLEMENT AL LAW ENFORCEMENT FUNDS KNOWN AS "COPS" FOR FISCAL YEAR 2003-04. MOTION PASSED 5-0. 6 lK. APPRAISAL FOR QUARRY PROPERTY (SARATOGA-TO-THE-SEA TRAIL) STAFF RECOMMENDATION: Authorize staff to retain the services of an appraisal company to perfonn an appraisal on the two County owned properties. . KING/KLINEMOVED TO AUTHORIZE STAFF TO RETAIN SEVJCES OF AN APPRAISAL COMPANY. MOTION PASSED 5-0. lL. INCREASE IN CONSULTING CONTRACT FOR GATEWAY PROJECTIDESIGN STAFF RECOMMENDATION: Approve a $29,375 supplement to design contract with Greg G. Ing & Associates for additional services in connection with Gateway entry redesign and Right-of- way modification work. Councilmember Bogosian requested that item lL be removed from the Consent ~~~ ' In regards to the increase in cost for right-of- way modifications, Councilmember Bogosian stated that he thinks staff should of known about this in the beginning. BOGOSIAN/STREIT MOVED TO APPROVE A $29.375 SUPPLEMENT TO DESIGN CONTRACT WITH GREG G. ING & ASSOCIATES FOR ADDITIONAL SERVICES IN CONNECTION WITH GATEWAY ENTRY REDESIGN AND RJGHT-OF-WAYMODIFICATION '''ORK. MOTION PASSED 5-0. e PUBLIC HEARINGS 2. ZONING ORDINANCE AMENDMENT TO CREATE AN OVERLAY ZONE FOR DRIVE-THROUGH SERVICES STAFF RECOMMENDATION: Conduct Public Hearing; Grant the First Reading; Direct staff to place item on the next Agenda's Consent Calendar for Second Reading and Adoption; Adopt ResoJution of Negative DecJaration. TITLE OF RESOLUTION: 03-080 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the Planning Commission conducted a Public Hearing to consider recommending the City Council establish an Overlay Zone, which would conditionally allow drive-through services in CN Zone bounded by Lawrence Expressway and Prospect Avenue. Director Sullivan stated that part of the Planning Commission's recommendation is that if such an Overlay Zone is established it shouJd also include the requirement that a Use Permit be required in aJl cases to establish a business with a drive-through 7 . . . . services. This would allow the City to require traffic and circu]ation studies for all such app]ications. It wou]d also allow each app]ication to be eva]uated on Üs own individual merits. Mayor WaJtonsmith opened the public hearing and invited pub]ic comments. See none Mayor WaltonsmÜh closed the public hearing. STREIT/BOGOSIAN MOVED TO GRANT THE FIRST READING; DIRECT STAFF TO PLACE ITEM ON THE NEXT AGENDA'S CONSENT CALENDAR FOR SECOND READING AND ADOPTION. MOTION PASSED 5-0. STREIT/BOGOSIAN MOVED TO ADOPT REOSLTUJON GRANTING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTFORA ZONING ORDINANCE AMENDMENT CREATING AN OVERLAY ZONE FOR THE CN DISTRICT BOUNDED BY LA WRENCE EXPRESSWAY AND PROSPECT AVENUE. MOTION PASSED 5-0. 3. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN - FISCAL YEAR 200312004 UPDATE STAFF RECOMMENDATION: Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from the November 5,2003, City Councj] Meeting; Open the Public Hearing continued from the November 5th City Council Meeting for the F.Y. 03/04 CIP Update; Consider additiona] candidate CIP Projects as listed in the report and Review Projects in the adopted CIP and amend their funding leve1s if desired; Continue Public Hearing to the January 7, 2004, City Council Meeting for environmental review and final adoption of new CIP Projects. John Cherbone, Public Works Director, presented staffreport. Director Cherbone explained that there were three additional CIP projects that are being submÜted for Council consideration for inclusion into the 2001-2006 CIP and/or the 2007-2012 CIP. The cost for these three project total $358,000. These projects were generated from public input during the CIP process and therefore are appropriate to consider prior to the conclusion 0 fthis year's CIP update. Director Cherbone described the three additional projects as follows: 1) Book-Go-Round Repair Work - roof repairs and interior storage room repairs $35,000 2) Chester Storm Drain Improvements - installation of a new storm drain at the intersection of Chester Avenue and Vasona Creek - $178,000 3) Highway 9/0ak Place Pedestrian Signa] . Option 1 - install pedestrian signal- $145,000 including $20,000 design work . Option 2 - consider other remedial measures -ranging from $],000 to $50,000 8 Director Cherbone noted that funding ofthese three projects is a challenge considering the current fiscal state of the City. However, Counci1 could reprioritize the funding levels of the new CIP projects being considered or fund them utilizing other sources such as unobligated General Funds or City Council Contingency. In regards to the Highway 910ak Place Pedestrian Signa], Councilmember Kline pointed out that it would probably take CalTran approximately 2- 3 years to approve the process. Councilmember Kline noted that it doesn't make much difference which CIP we place it on. Director Cherbone stated that ifCounci1 decides to move forward with this project, seed money to start the design work could be allocated now and placing the capital project on the next CIP. Councilmember Kline asked how much would seed money be. Director Cherbone noted that the complete design would be approximately $20,000. The City could submit a cursory design to CaITran for approximately $5,000, which could be covered in the Engineering budget. Director Cherbone pointed out that the capital cost would be about $120,000. Mayor Waltonsmith opened the public hearing and invited public comments. Marcia Manzo pointed out that the Book-Go-Round makes approximateJy $100,000 per year that goes directly into the Saratoga Library. Ms. Manzo urged the CounciJ to approve the project for repairs listed in the CIP. Ethel James noted that she represented the Saratoga Area Senior Coordinating Council (SASCC). Ms James stated that SASCC is struggling with space limitations. Ms. James stated that SASCC would like to use the Fellowship Hall at the North Campus. James Kardach noted that he was Co-president of the Village Green Neighborhood Association (VGNA). Mr. Kardach stated that he supported the crosswalk at Highway 9 & Oak Place and urged that Council to at least approve the funds for the design. Jerry Bruce noted that he represented Federated Church. Mr. Bruce stated that Federated Church supports the crosswalk at Highway 9 and Oak PJace. Mary Jean Fenn noted that she was the Manager at the Book-Go-Round. Ms. Fenn noted that the roof Jeaks in the Book-Go-Round. Ms. Fenn urged the Council to approve the project for the building in the CIP. Ms. Fenn also read a letter from Bill McDonnell who a]so supports the CIP project. Denise Michel noted that she participated on the AdHoc Committee to look at the alternatives for the intersection of Highway 9 & Oak Street. Ms. Michel stated that the AdHoc fully supports the crosswalk and urged the Council to incJude it in the CIP. 9 . e e e Phyllis Ballingal urged the City Council to make necessary improvement at the Book -Go-Round. Brain Rosevear noted that he was Co-president of the (VGNA). Mr. Rosevear noted that he supports a pedestrian activated crosswalk at the intersection of Highway 9 & Oak Place. John Feemster noted that he represented SASCC. Mr. Feemster noted that he was present this evening to support improvement at the North Campus. Mr. Feemster noted that SASCC has had to limit the number of participants in certain programs due to lack of space. Mr. Feemster stated that if the City installed ADA bathrooms in the Fellowship Hall they would work with their connections to make additional improvements to the building. Mayor WaJtonsmith dosed the public hearing. Counci1member Bogosian stated that he thinks pubJic safety projects should be the Council's first priority. Councilmember Bogosian stated that he supported the pedestrian light and the repair at the Book-Go-Round. e Counci1member Streit noted he supports the pedestrian light initial studies and suggested that it be placed on the CIP unfunded. Counci1member Streit stated that in regards to repairs to the Book-Go-Round, there are several City owned buildings that need repairs. As for the overall CIP, Councilmember Streit noted that due to our economic uncertainty the CIP could be frozen until we know what the State is going to do with the VLF. Councilmember Streit stated that if needed the funds in the CIP could be placed back into the Genera] Fund. The projects that are funded by grants should go forward. Counci1member Bogosian noted that the pedestrian light and the roof repairs should be placed in the CIP and the Counil should reprioritize all of the projects. Counci1member Kline noted that he supports Councilmember Bogosian's and Counci1member Streit's suggestions and go one-step further. Councilmember Kline proposed with the exception of projects that have already been contracted out, safety and maintenance projects, and projects that have been funded by grants or matching funds, everything else should be temporarily frozen until we know what is going on at the State level. Councilmember Kline stated that the funds in the CIP are the City's only reserves. City Manager Anderson stated that with dear direction iTom Council, staff could come back on January 7th with a report to assist the Council to prioritize the CIP according to safety, ongoing maintenance, and projects funded by outside sources induding grants and matching funds. . 10 KLINE/BOGOSIAN MOVED TO PLACE THE BOOK-GO-ROUND ON THE CIP AS A FUNDED MAINTENACE ITEM; FUND THE INTIAL STUDY FOR THE PEDESTRIAN LIGHT OF $4.000 FUDNED OUT OF THE ENGINEERING BUDGET: PLACE THE CHESTER STORM DRAIN IMPROVEMENTS ON CIP UNFUNDED: RETURN TO COUNCIL ON JANUARY 7TH WITH A REPORT TO PRIORITIZE THE CIP ACCORDING TO SAFETY. ONGOING MAINTENANCE. AND PROJECTS FUNDED BY OUTSIDE SOURCES INCLUDING GRANTS AND MATCHING FUNDS MOTION PASSED 5-0. OLD BUSINESS 4. ANIMAL CONTROL SERVICE PROVIDER CHOICES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow noted that Saratoga received a proposal from the City of San lose and brought it to Council for consideration on November 19, 2003. After review ofthe proposal Council directed staff to continue negotiations . ~ with the City of San lose with the purpose of signing a long-term contract for animal control services. Assistant City Manager Tinfow stated that the cities of Cupertino and Los Gatos have also been negotiating with the City of San lose for animal control services. In additjon, SV ACA has issues a new proposal to all three cities in an effort to keep us in the lP A. Assistant City Manager Tinfow briefly went through comparison tables in regards to the San lose proposal and the new SV ACA proposal. Assistant City Manager Tinfow noted that the new SV ACA proposal provides competitive pricing, shelter equity, a vote on the board, and continued input and control on the operation and budget level of SV ACA. Shelter construction must still be completed so some uncertainty with final costs stj] exists. Assistant City Manager Tinfow noted that San lose offers competitive pricing, possible refund of capital contributjon during the first 3 years, and a higher field ratio for the three cities than provided by SV ACA. However, staff remains concerned about San Jose's response times. Assistant City Manager Tinfow noted that the actual cost of each option to Saratoga is contingent on the decision of the Los Gatos and Cupertino City Councils. 1] e e e . Assistant City Manager Tinfow explained that last night the City of Cupertino voted to withdraw from SV ACA and Los Gatos has it on their agenda for January 5, 2004. Assistant City Manager Tinfow presented and expJained in detail two options to the City CounciJ: · Option 1 Remain with SV ACA under new conditions · Option 2 Contract with San Jose In regards to fiscal impacts of each option, Assistant City Manager Tinfow explained the foIJowing: Option 1 - · AnnuaJ service contract costs would change each year · $300,000 capital contribution is budgeted in the CIP · SV ACA wouJd accept the contribution as an equity investme~t in the shelter · Saratoga would receive a share of any sales proceeds should the facility be sold in the future . Option 2 - · Annual service contract costs would be specified for three years and depending on the actions of Cupertino and Los Gatos may be Jess than the proposal offered by SV ACA Mayor Walton smith asked if staff knew what the Town of Los Gatos might do. Assistant City Manager Tinfow noted that staff is recommending that they withdraw from SV ACA and sign a contract with the City of San Jose. Assistant City Manager Tinfow stated that the Town of Los Gatos is sti11 waiting for the City of Saratoga to make a decision. Councilmember Kline asked ifthe City would be locked into a decision made this evening. Assistant City Manager Tinfow responded that we couJd withdraw up until January 25,2004. Councilmember Streit noted that a five city JP A would work, but would not support a four city JP A. Mayor Walton smith noted that she is stiJl concerned that the SV ACA site does not have an outdoor area for the animals. . 12 Referring to Mayor Waltonsmith's concerns regarding the outdoor area for the animals, Debra Briggs, Executive Director ofSV ACA, noted that for the past 50 years the Human Society did not have an outdoor exercise area for the animals. Director Briggs stated that SV ACA is looking into tearing up part of the parking lot to convert it into an exercise area. Director Briggs thanked Councilmember Bogosian for his participation on the IP A Board and noted that they look forward to working with Councilmember Streit. STREIT/KLINE MOVED TO REMAIN WITH SV ACA WITH THE PROVISO THAT IT IS A FIVE CITY JP A; DIRECT TWO MEMBERS OF THE COUNCIL TO MEET WITH THE CITY OF CUPERTINO TO TRY AND PERSUADE THEM TO STAY WITH SVACA: URGE THE TOWN OF LOS GATOS TO STAY WI1'H SV ACA. MOTION PASSED 5-0. 5. ALTERNATE PROPOSAL FOR THE COMMEMORATIVE BENCH FOR WILL YS PECK AT THE SARA TOGA LIBRARY STAFF RECOMMENDATION: Consider an alternate approach to honoring WilIys Peck with a bench at the Saratoga Library. Lorie Tinfow, Assistant City Manager, presented staffreport. Assistant City Manager Tinfow explained that at the October 1st City Council meeting, staff presented a request by the family ofWilIys Peck to instaJl a teak bench and landscaping in celebration for Mr. Peck's 80!h birthday. The Peck family offered to contribute $2,000 to the proj ect and submitted severa] ideas for landscaping prepared by a landscape architect. Council approved the special teak bench and directed staff to work with the Library Commission on the Jandscaping details. Council also limited the amount of City funding for the project to that already budgeted for sod and irrigation in the dirt area south of the community patio room, a total of$I,700. Assistant City Manager Tinfow noted that staff presented Council's decision to the Library Commission at their October meeting, and expJained the financiaJ limitations and asked for input on the design within financial constraints given a total of $2,700. Assistant City Manager Tinfow noted that the Commission initiaJly balked at instaJling a non-typical bench at the Library for a number of reasons. The alternative suggestion put together by Councjlmember Kline Chair Anne Cross and Betty Peck is to select an existing bench on which to instaJl a commemorative plaque and a one ofMr. Peck's columns about the Heritage Orchard from the Saratoga News. Assistant City Manager Tinfow stated that staffis requesting final direction on how to proceed. 13 . . . . e . To clear up an issue, Councilmember Kline eXplained that the Library Commission did not actually reject the bench. The Cómmissionwas confused about what their direction was. When Council discussed this issue many compromises were made including rejecting the Peck's Jandscape plan. After Council met, Mrs. Peck decided to use an existing bench already at the library, and recently chose one. Councilmember Kline noted that an existing bench with a plaque and a storyboard is satisfactory for Mrs. Peck. Councilmember Streit noted that he agrees with the compromise, but doesn't agree with how the Council got to this point. Councilmember Streit stated that the Council made a decision and then the newspaper drug it out because the Library Commission made it a huge issue. Councilmember Bogosian suggested that the City needs a Gift Policy to address these types of issues. Marcia Manzo stated that the Library Commission never agreed or disagreed that there should or shouldn't be a bench for Mr. Peck. At the time of discussion the Library Commission asked staff what their task was in regards to this issue. Discussion took place in regards to developing a City-wide Gift & Donation Policy. It was suggested that the Council Policy AdHoc Committee be assigned this task. BOGOSIANIKLINE MOVEDTO APPROVE THE BENCH, PLAQUE AND STORYBOARD FOR MR. WILYS PECK. MOTION PASSEED 5-0. NEW BUSINESS 6. CITY COUNCIL POLICIES STAFF RECOMMENDATION: Accept report and direct Council Sub-Committee accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that at the City Council Retreat on February 1,2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document City Clerk Boyer stated that as the Subcommittee prepared to for this assignment, many old council polices were found, some extremely outdated and other current practices never formally adopted by Council. Many issues addressed in the attached policy are consistent with best practices of many other cities but may not in all instances conform to current practices. The Council Subcommittee recommends the changes to current practices included in the draft policies. The Subcommittee seeks comments from the Council as a whole to insure that the Council policies reflect a Council consensus. 14 The City Council discussed each section and made changes to the draft City Council Policy. Council directed the AdHoc Committee to bring the item back in January with a resoluÛon repea1ing aJJ past City Council poJices. 7. COMMISSION VACANCY UPDATE AND PROPOSED INTERVIEW DATES . STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City CJerk, presented staff report. City Clerk Boyer explained that on April 1, 2004 the Arts Commission, Heritage Preservation Commission, PJannj¡ì.g Commission, and Pub1ic Safety Commission would have a significant number of vacancies due to expired terms or resignations. City Clerk Boyer added that the on July 1, 2004 the Youth Commission wouJd have 10 vacancies: City C]erk Boyer stated that in an effort to a]Jow Counci] to make persona] schedu1ing arrangements and in order to fiIJ these vacancies in a timeJy matter staff is requesting approval form Council to scheduJe interviews for the Arts, HPC, PC, and PSC on Tuesday, March 9, 2004 and Tuesday, March 23, 2004 at 6:00 p.m. The normal practice has been to interview candidates prior to City Council meetings. City Clerk Boyer noted that if Council concurs the dead1ine for app1ications would be set for February 27, 2004 for all the Commissions except for the Youth Commission, which wouJd be Apri] 30, 2004 with interviews heJd on May 1 J th, and May 25th. . Consensus of the City CounciJ to support staffs recommendation. AGENCY/COMMISISON ASSIGNMENTS None CITY COUNCIL ITEMS Councilmember Bogosian wished everyone a Happy HoIiday. Referring to the malfunctions of the lights and sound in the theater this evening, Councilmember Streit requested that staff make sure the 1ights and sound during future council meetings are adequate. OTHER None . CITY MANAGER'S REPORT None 15 · · · ADJOURNMENT There being no further business, Mayor Waltonsmith decJared the meeting adjourned at 11 :00 p.m. RespectfuJly submitted, CathJeen Boyer, CMC City CJerk 16 , -. . . . ./ SARA TOGA CITY COUNCIL ID ORIGINATING DEPT: Administrative Services CITY MANAGER: 0 J ~ DEPT HEAD: ~¿J.jly 7èJk &k,cc£ MEETING DATE: January 21, 2004 AGENDA ITEM: PREPARED BY: Jaye TkachQÎ SUBJECT: Check Register: 1/15/04 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): None , . AL TERNA TIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING ;\.ND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. . Fund# Fund Name Date Manual Void 1/15/2004 Checks Checks AP CHECKS A95163-95388 1 GENERAL 377,115.10 454.05 100 COPS-SLESF 110 Traffic Safety 7,613.01 150 Streets & Roads 150,874.00 180 LLA Districts . 8,150.64 250 Dev Services 23,239.23 260 Environmental 10,583.00 270 Housing & Comm 290 Recreation 7,903.62 291 Teen Services 233.57 292 Facility Ops 1,427.50 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 351 Public Safety 352 Infrastructure 39,420.11 353 Facility 354 Park and Trail 7,386.71 400 Library Deb! 420 Leonard Creek 345.58 720 Cable TV 740 PD#3 295.69 800 Deposit Agency Subtotal 634,587.76 454.05 PAYROLL CHECKS: 829628-829656 12/23/03 829657-829650 1/8/04 TOTAL rrepa~b ~ Date: I I-IS-or!- rpproved by: I Apr-99 . '- 0 "'0 "0 "0 0000 Vll1lU'10 ~O "0 ~~O ~O WWWO "0 < ,,~~ 0 ~o '0 '0 WWWO 0000 000 ~O ~~O 00 ..J 00 "'0 NO H~ t,-(;:t;:t 0 00 00 000 t"t't"'O 1JI111V10 000 NO ~~O 000 W(J1O\O 000 z~8 ~o~ '" ~o ~N 'N 000.... 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'.'\ H g ~ " " " ¡.; ~ o " þ ~ o ~ % ~ ';j 0" ¡:.<;, ",H "," ..¡; nH ~~ <;'''' ~~ "H o ':' " \ ¡; H '" " ~ '" " ~ " <;\ (!. ~ '" " ~ .. <;\ ['. ~ '" " ~ .. <;\ (!. .e Ii o ~ .. <;\ (!. . '" " 1: ¡¡, ~ n ~ " ~ ",'" do " " " do " '" ~ ~ r. " ~o '" '" ~ " ,., '" 0 0 00 " ,., 0 ¿,O e "," ~ " ",,,, " " '0 0 ~ " '" ~~ '" 00 ~'" " " ".,.",1:> ,p '" " 0 0 ",0 0 '",0 0 ~ ",'" 0 '" ,,0 0 " ,,'" ~'" ~<D ~ ,.,,,, ~'" ....:.~ o~ o ~ '" " '" '" »'" "'ö '" o~ .." ..'" '" o ~,. -'" ~'" ::~ ,.,< g~ ~" H ':j e ~ \\ ~" ~ , , , , , , , '" '" <¿ II '" ì; '" " " .,..,\. · · · ...... SARATOGA CITY COUNCIL MEETING DATE: January 21, 2004 '-2. \=- ?7~¿;;:;:7 AGENDA ITEM: DEPT: Community Development CITY MANAGER: PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, January 14, 2004 RECOMMENDED ACTlON(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of January 14, 2004 FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NIA , . ALTERNATIVE ACTION(S): NIA FOLLOW UP ACTION(S): NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Action Minutes - Saratoga Planning Commission ~'7 .... l~ CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES . DATE: PLACE: TYPE: Wednesday, January 14, 2004 - 7:00 p.m. Council Chambers/Civic Theater, 13m Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter Commissioner Hunter Planners Iivingstone &: Welsh, Director Sullivan and Minutes Clerk Shinn Absent: Staff: PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of December 10,2003. (APPROVED 5-0-1, UHLABSTAIN) ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission for up to thrcc minutes on matters not on this agenda. The law general1y prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instnlct staff accordingly regarding Ora) 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 January 8, 2004. . REPORT OF ApPEAL RIGHTS If you wish to appeal any decision on this Agenda, yoú 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). 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). CONSENT CALENDAR 1. APPLICATION #03-266 (397-16-128) RAHIM, 14350 Taos Drive: The applicant's request for modifications to a previously approved Design Review was approved at the meeting on December 10, 2003. The resolution for. this project is back to the Planning Commission for review and approval of the conditions. (THOMAS SULLIVAN) (APPROVED 6-0) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written . correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. ..._í e e . ~.... 2. APPLICATION #03-20} (503-48-029 and 503-48-028), located at and adjacent to 2U70 Big Basin Way; - Request the Local Agency Formation Commission (LAFCO) to expand the City of Saratoga's Urban Service Area Boundary to include two new parcels, APN 503-48-029 and APN 503-48-028. Recommend that the City Council Amend the City of Saratoga's General Plan to add the two new parcels to the General Plan with the designation of Residential Hillside Conservation (RHC). The area has already been Pre-zoned as a Residential Open Space Disrrict ' (ROS). Recommend that the City Council approve an Environmental Negative Declaration. OOHN LIVINGSTON) (APPLICANT REQUESTED THIS ITEM BE CONT~NUED TO JANUARY 28TH, APPROVED 6-0) 3. APPLICATION #03- 270, (CITYWIDE) - CITY OF SARATOGA; - Multiple Municipal Code Amendments are proposed to Chapter 14- Subdivision Regulations, Chapter IS - Zoning Regulations and Chapter 16 - Building Code. The proposed amendments are intended to ensure that the City Code is consistent with the policies of the Santa Clara Valley Urban Runoff Pollution Prevention Program advocating using site design and source conrrol measures to minimize storm water pollutant discharges to the maximum extent possible. Additionally, Municipal Code Amendments are proposed to Chapter 14- Subdivision Regulations related to Lot Line Adj!1stments and Building Site Approvals. (THOMAS SULLIVAN) (APPROVED 6-0) DIRECTORS ITEM None COMMISSION ITEMS None COMMUNICATIONS None ADJOURNMENT AT 7:55 PM TO THE NEXT MEETING Wednesday, january 28, 2004 at 7:00 p.m. in the Council ChamberslCivic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@saratoga.ca.us e e e \ SARA TOGA CITY COUNCIL MEETING DATE: January 21, 2004 2\= AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: PREPARED BY' ~ DEPTDEAD, C~~rk SUBJECT: Commission Attendance Records RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Attendance reports for all Commissions are submitted semi annually for periods January 1 through June 30 and July 1 through December 31. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATNE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A - Commission Attendance Records 07/03-12/03 Arts Commission Attendance Record Regular and Special Meetings July - December 2003 Commissioner: Meetings Attended: Arunkumar, Geetanjali 40f4 Halgren, Tracy 50f7 Henderson, Mary Ann. 50f7 Murray, Lee 50f7 Peck, Betty 70f7 Pontier de Mattei, Lisa 5 of? Taylor, Mary Lou 4of7 , - · · , . · ~. , . Finance Commission Attendance Record July 1, 2003 - December 31, 2003 Commissioner: .Meetings Attended: Hughes, Jim 6of6 Allen, Richard 6of6 Narain, Ajay 50f6 Ochi, Sam 4of4 e Swan, Chuck 4of4 Tennant, Alex 50f6 Ruebensen, Bart 30f3 Siegler, Norm 30f3 Chin, Simon 30f3 . r .~ Heritage Preservation Commission Attendance Record . July 1, 2003-December 31, 2003 , Commissioner: Meetin2s Attended: Norm Koepernik 60f6 Patricia Bailey 60f6 Wi11ys Peck 60f6 Phy1is Ba1lingall 60f6 Dora Grens 30f6 e Paul Conrado 60f6 Tom Lowdermilk 60f6 . v e COMMISSION MEETING ATTENDANCE RECORD Date: December 18, 2003 Commission: Library Period Covered: July - December 2003 Number of Scheduled Meetings: 3 Regular Meetings 3 Cancelled Meetings Commissioner Number of Absences Chair Manzo 0 Chandra 0 . Cross 0 F oscato 0 Gipstein 0 Grover 0 Johnson 0 S"bmi"edby~ ~i~-~ Lori Burns Staff Liaison to Library Commission . o Parks & Recreation Commission Attendance Record e Jul~ 1, 2003-December 31, 2003 Commissioner: Meetinl!s Attended: Bruno, Vita 50f6 Clabeaux, Elaine 30f4 Deimler, Logan 10 of 10 Dodge, Sandra 9 of 10 Frazier, Angela 8 ofl 0 . Fronczak, Norbert 30f4 Gates, Greg 10 of 10 Sanquini, Anne 60f6 Seroff, Nick 10f4 Soukup, Tom 50f6 . . · COMMISSION MEETING ATTENDANCE RECORD Date: December 16, 2003 Commission: Planning Commission Period Covered: July 2003 - December 2003 Number of Scheduled Meetings: 9 Regular Meetings Number of Special Meetings: 0 Special Meetings Commissioner Number of Absences Barry, Cynthia 1 · Garakani, Mohammad 1 Hunter,jill 0 Nagpal, Susie 1 Schallop, Michael 2 Uhl, Mike 2 Zutshi, Rutchi 0 SUbmitted~ SJA ~~ lhomas Sullivan,ArCP Secretary to the Planning Commission · Date 10/22 7/23 ll/12 8/27,11/12 10/8, 12110 COMMISSION ATTENDANCE RECORD Date: January 14, 2004 Commission: Public Safety Period Covered: JuJy - December 2003 Number of Scheduled Meetings: 5 Regular 1 Special Meeting Commissioner Number of Absences ' Chair Mitch Kane o Ballingall 2 ~ 1 training CSTI, 1 excused Edel o Tennenbaum o Andreson 1 - excused Santana 4 (unexcused) SUbmittedbY:~ jN Danielle Surdin Staff Liaison to Public Safety < ~ . . . e e . . Youth Commission Attendance Record July 1, 2003-December 31,2003 Commissioner Baker, Phil Ballingall, James Burke, Kelly Byrne, Michael CJaus, Jessica Farnum, Valerie Gupta, Tanya Jayakumar, Shruti Lee, Joanna Lusky, Jackie Maltiel, Tami Rezalii, EIIi Schwartz, Elise Skelly, Conner Wu, Debroah Meetings Attended 40f4 3 of 4 30f4 40f4 30f4 40f4 40f4 3 of 4 30f4 40f4 40f4 40f4 40f4 3 of 4 40f4 ".... . ..... SARA TOGA CITY COUNCIL ORIGINATING DEPT: City Manager AGENDA ITEM: '2 ~ CITY MANAGER: ¿:/a-../~ _ · MEETING DATE: January 21, 2004 PREPARED BY: DEPT HEAD: Cathleen Rover. Citv Clerk SUBJECT: Reappointment of Representative to Valley Transportation Authority's Bicycle Advisory Committee (BAC) RECOMMENDED ACTION: Reappoint Mr. Jim Stallman to the Bicycle Advisory Committee. REPORT SUMMARY: · The Valley Transportation sent the attached letter requesting the City Council reappoint Jim Stallman to the Bicycle Advisory Committee. They advise the Council that he is a member in good standing and has served the BAC well. They asked that you reappoint him for another two (2) year term. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not be represented on the BAC. ALTERNATIVE ACTION: Council could not reappoint Mr. Stallman and direct staff to advertise this vacancy in the Saratoga News. FOLLOW UP ACTION: NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A · ATTACHMENT: Attachment A - Letter from the Valley Transportation Authority. -~p- ~ ~ SANTA CLARA Valley Transportation Authority I REC¡:Û\f'ED , , JAN 0 5 2003 U:'iTy OF SARA TOGA December 12,2003 . Dave Anderson City Manager CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Dave: On behalf of VTA's Bicycle & Pedestrian Advisory Committee (BPAC), I request that the City of Saratoga appoint or reappoint its representative to the BP AC for the new term beginning July 1,2004. The BP AC is a sixteen-member committee that advises VT A's Board of Directors on planning and funding issues for bicycle and pedestrian projects. The BP AC bylaws specify that each member is appointed to a two-year term and that representatives may be re-appointed to consecutive terms. The appointee must be a member of Saratoga's local bicycle committee, shall live, work, or both in Santa Clara County during their term, and cannot be City of Saratoga staff. Saratoga has one membership position on this committee. A copy of the BPAC bylaws has been . enclosed for your convenience. The term for Saratoga's current BPAC representative, Jim Stallman, expires on June 30, 2004. Mr. Stallman is a member in good standing, has served the BP AC well and is eligible for reappointment. Since representation on the BP AC is very important, it is requested that Saratoga initiate lh~ necessary action to either reappoint Mr. Stallman or appoint another representative to this committee as soon as possible. All BPAC appointments require confirmation by the VTA Board of Directors. When Saratoga has selected its nominee, the preferred protocol for official notification is for the appointing authority to send VT A a brief letter. This letter should indicate your nominee's official title, city of residence, be on official stationary and be signed by an authorized representative. If nominating a new BPAC member, the letter should also include the appointee's daytime teJephone number, their home and or work address, and a brief biography of the nominee (usually two or three paragraphs maximum). . 3331 North First Street· Son Jose, (A 95134·1906· Adminislrntion 408.321.5555' (ustomer Service 408.321.2300 . . ....."' · · · " Dave Anderson December 12, 2003 Page 2 of2 For expediency and surety, I recommend that a copy of the signed letter be faxed, then the original mailed, to: Fax: D.S.Mail: (408) 955-0891 VT A Board Secretary 3331 North First Street, BuiJding B San Jose, CA 95134-1906 Your assistance with this appointment will be greatly appreciated. If you have questions, please contact either Stephen Flynn of my staff at 321.5720 or myself at 321.5725. Enclosure Sincerely, ~ p/ ~r~~ Michael P. Evanhoe Chief Development Officer c: Sandra Weymouth, VTA Board Secretary . . . . / ./ SARATOGA CITY COUNCIL 2\+ ORIGINATING DEPT: City Manager's Office CITY MANAGER: & --..,;/ Ç/ PREPARED BY: Lori Burns DEPTHEADd¥-¿~~"} MEETING DATE: January 21,2003 AGENDA ITEM: SUBJECT: AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST RECOMMENDED ACTlON(S): To adopt a deferred compensation plan and trust document that incorporates final amendments to the Internal Revenue Code, issued July 11, 2003 regarding the Federal Economic Growth and Tax Relief Reco!1ciliation Act of 2001, effective retroactively to January 1, 2002. REPORT SUMMARY: The Economic Growth and Tax Relief and Reconciliation Act of 2001 (EGTRRA) was a complicated amendment to the IRS Code. After several months of applying the amendment as originally writte!1, the IRS authorized additional regulations on July II, 2003, clarifying issues and providing additional administrative guidelines. Examples include procedures for the deferral of vacation pay, sick pay, and back pay; provides greater deferraJ opportunities to participants who have reached age 50; formalizes excess deferral remedies, etc. A copy of the 457 Plan and Trust Document is attached. FISCAL IMPACTS: No fiscal impact to the City. CONSEQUE'NCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City of saratoga's deferred compensation plan and trust wi11 not be in accordance with the most current IRS regulations. ALTERNATIVE ACTION(S): Do not adopt Jew plan and trust document. FOLLOW UP ACTION(S): Send revised plan and trust document to plan administrators (ICMA and Great- . W estlBenefitsCorp), ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: A) Resolution to adopt amended deferred compensation plan and trust document. B) Plan Document . , ' . Attachment A · RESOLUTION NO. 00 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO AMEND THE RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN AND TRUST WHEREAS, the City of Saratoga has employees rendering valuable services; and WHEREAS, the City of Saratoga has established a deferred compensation plan for such employees that serves the interest of the E~ployer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in thè attraction and retention of competent personnel; and WHEREAS, the City of Saratoga has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, arnendments to the Internal Revenue Code have been enacted that require changes to the structure of the deferred cornpensation plan; and WHEREAS, amendments to the Internal Revenue Code have been enacted that allow enhancements of the benefits; · NOW THEREFORE BE IT RESOLVED that the City of Saratoga hereby amends and restates the deferred compensation plan (the "Plan") to be administered by ICMA and Benefits Corp in the form of: The lCMA Retirement Corporation Deferred Compensation Plan and Trust BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shaH not be diverted to any other purpose. Indicia of the Trustee's beneficial ownership of Plan assets held in Trust further shall be held for the exclusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the City of Saratoga hereby agrees to serve as Trustee under the Plan. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga on the 21st day ofJanuary, 2004, by the following vote: AYES: NOES: · ABSTAIN: ABSENT: ATTEST: Cathleen Boyer, City Clerk Ann Wa1tonsmith, Mayor e . e Attachment B e e . 45ï Plan and Trust Document DEFERRED COMPENSATION PLAN & TRUST As Amended and Restated Effective January 1,2002 Art;c!e J. Purpose The Employer hereby estaÞÏishes the Employer's Deferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Pbn consjsts of the provisions set fonh in thi~ àocument. The primary purpose of this Plan is to provide retjrement jncome and other deferred benefìrs to the Employees of the EmpJoyer and the, Employees' Beneficiaries in accordance with the provisions of Section 45ï of the lmema] Revenue Code of 1986, as amended (the "Code''',. This Plan shall be an agreement solely oerween the Employer and participating Emplovees. The Plan and Trust formin£ a part hereof are established and shalj be maintained for the excJusive benefit of Particip~m~ and their Beneficiaries. No part of the corpus oj' income of the Trust shall reven to the Emplover or be used for or divened to purposes other than the excJusive benefit ofParticipams and their Beneficiaries. Article II. Definitions 2.01 Account: The bookkeeping account maintained for each Participant refJeCt;'lg the cumulative amount of the Participant's Deferred Compensation, including anv income, e.ajns. Josses~ or increases or decreases in rnarket value arr[ibutd.bìê ro rhe Em plover'~ rnvts~ment of the Panjcjpant's Deferreò C0J11pensation, anà further ref1ecling ~n:' distributions 10 ¡he Participant Or the Panicipant's Beneficiary and anv fees or expense~ charaed aa-ainst such P<irtjcjp~nt's Deterred COD1pensation. to '" 2.02 Accounting Date: Each business dav that the New York StOck Exchange is open for trading as Provided in Sec¡jon 6.06 for va]uing the Trust's assets. ~, ~ 2.03 Admin;stralOr: The person or persons named to carr)' Out cerrain nondiscretionary administrative functions under the P)an, as here;nafter descrjbed. The EmpJo)'er may ren10Ve any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Employer shaH name another person or persons to act as Administr2tor. The Administrator may resign upon 60 d2YS' advance notice in wrjrjng to the EmpJoyer; jn which case the Emplover shall name another person or persons to act as AdminiStrator. 2.04 AUlOmatjc Distribution Date: April I of the calendar year after the Plan Year the Participant attains age ïO-I/2 or, if later , has a Severance Event. 2.05 Beneficiary: The person Or persons designated by the Participant in his or her Joinder Agreement who shall receive an)' benefics payable hereunder in the eVent of the Panicipant's death. ln the event that the Participant names tVIO Or more Beneficiaries, each Beneficiary shaJJ be entitled to equal shares of the benefits payable at the Participant's death, unless othenvjse provideà in the Particjpant's J oinàer Agreement. If no beneDciary is designated in the Joinder Agreement, if the Designated Beneficiary predeceases the Par¡jcipam, or if the designated Benefìciary does not survive the Participant for a period of fìfteen (15) days, then 457 Plan and Trust Document the estate of the participant shall be the Beneficiary. If a married PanicipaiJt resides in a community or marital propertl' state, the Participant shaJJ be responsible for obtaining appropriat~ conse.nt of his or her spouse in the event th,e Participant desipnates so;neone other than his or her spouse as BenefìcJary. The precealng sen'(ence shall nOt-apply wIth respect to a Deemed lRf, under Article IX. . 2.06 Deemed IRA: A separate accounr or annuj¡·v established under the PJan that compljes with the requirements of Section 408(q) of the Code and anv reguìations promulgated thereunder. ' 2.07 Deferred Compensation: The amount ûf]nc!udible Compensation otherwise payable to the Participant which the J::'2rrjcipanr and the Emp] oyer mutua]])' agree to defer hereunder~ aDV amount credited to 2. Panicipantts .Account b:" reason of a transfer under Senion 6.09 or 6.10, a rollover under Section 6.11 ~ or any other amount \\'hich the Employer agrees to credit to a Participant's Account. 2.08 DoHaT LirJ1jtatjon: T}je appljc2bJe doJJar amount wÚhÚ., the me2JJjng of Secrjon 457(b)(2)(A) of the Code: as adjusted for the cOST-oF-living in accordance V-lith ,Section 45ï(e)(15) ofthe Code. 2.09 En1p]oyee: Any.jnòividua] who provides servjces for the Empjoyer: \vhether as an employee of the E,~.p]?:ver or as. a,n ind,epende~t cOntracTor; and ,vto has been designated by the Emplover as eJJgJbJe to partJCJp"te m the Plan. 2.10 Employer: subdivision: agenc)' . \vhich is a political or insuumenTajjt}T of the fST2te!Common\veahh) of , described jn Section 4 Sï(e)(}) (l\.) of the Code. e 2.11457 Catch-Up Dollar LiITlitation: TV\lice the Dolhr Limjtatio[;. 2.1 2lnc!udible Compensation: ]ncludible Compensation of a Participant means the "Parricipant's compensation," as defined in Section 415k)(3) of the C~de, for services performed for the Emplover. Inciudible Compensation sha)] be determined without regard TO any COITd11üniry propeny iav,"s. Includible COlnpenS2tion shaH induce any pre-tax contr'ibutions to an integra] p2rt truST of the employer providing retiree health care benefìts. 2.13 Joinder Agreement: An agreement entered into berv,;een an Emp!o)lee and the Employer: including any rtmendmems or modifications thereof. Such agreement shall fix the amou~t of Deferred Compensation: specify a preference among the investment alternatives designated bv the EmpJoyer, designate the EmpJoyee's BenefJcjary or BenefJciarjes, and inco~·poraté ~he terms: conditions: anò provisions of the Pjan by reference. 2.14 Normal Limitation: The maximum amount of Deferred Compensation for any Participant for any taxable year (other than amounIS referred to in Sections 6.09: 6.10, and 6.l1). 2.15 Normal Retirement Age: Age ïO-l /2: unless ~he Panjcipant has ejected an alternate Norma] Retirenlent Age by \\'rinen insUUDlent delivered TO the Admínisuêì.tor prior to a Severance [venL A Participant's Normal Retirenlent Age aeterrr}jnes the period during e - e e e 457 P!an and Trust: Document which a Participant may uri]ize the 457 Catch-Up DoHar Limitation ofSectjon 5.02(b) hereunder. Once a Participant has to any extent uti]jzed the catch-up limitation ofSwion 5.02(b), hi, Norma] Retirement Age may not be changed. A Participant's alternate Norma] Retirement Age may not be earlier than the earliest date thac the P2ftlcjpant v,rj}] become e1jgjbJe to rerjre and recejve jmmedjare, unreduced tetirement benefits under the Employer's basic defìned benefit retirement plan covering the Participant (or a money purchase pension plan in which the Participant also participates if the Participant is nOt eligibie to participate in a defined benefit plan), and may not be later than the date the Panicipa]( will attain age 70-1/2. If a Participant continues employment afrer attaining age 70-112, not having previous)}' ejected an ahernare Norma] Retirement Aze, the Participant's ahernate Normal Re,irement Age sha]] not be later than the mandata,,' re~jrement age, if any: estabjjshed by the EJ.11ployer: or the age at \\lhich the Participant - ,.,.......,,2Hv Ìì2<: ri Sever8nce Event jf the EmDiover has no mandator.' retirement age. If thf co...· < <' . . .' .~ J . -'... Participant will not become eligible to receive benefits under a basic defined benefi, ret;rement pian (or money purchase pension plan, jf app]icabJe) maintained bv the En·¡plo:,¡eL the fanicipê.D1:'~ alrernare Normal Retirement Age may not be earlier than 65 and IT12;! not be later than age 70-1 í2. In the eVent the P12n has Parr;Ópams that incJude guaJifJed police or fJreflghters I", delJned under Section 415(b)(2)(H)(ii)(J) of the Code), a norma] retirement age may be designated for such qualified poiice or firefighters that is not earlier than age 40 or )ater than age 70-1 12. AiternativeJv, qualified poíice or firefighters may be permitted to designate a normal retirement ~ge that is bet\¡.,¡een age 40 and age ïO-I/2. 2.16 Participant: Any Empìovee who has joined the Plan pursuant to the requirements of Article JV. For purposes of section 6.1] of the P]an, the term Participant incJudes a former Employee of (he Empìoyer. 2.] Î Percentage Limitation: } 00 pêrcent of the participant's Indudible Compensation available to be contributed as Deferred Compensation for the taxable year. 2. ] 8 Plan Year: The calendar year. 2. ] 9 Retirement: The flfSt date upon which both of the following shall have occurred with respect to a participant: Severance: E,¡ent and attainment of age 65. 2.20 Severance Event: A severance of the Participant's employment with the Employer withiÓ the meaning of Sec¡ion 457(d)(J) (A)(ij) of the Code. 1n eeneral, a Participant shaH be dêemed to have experienced a Severance Event fat purposes of ;his Plan when, in accordance with the established praCtices of the Employer, the employment relationship is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Emp]oyer, a Severance Evem shaJI be deemed to have occurred when the Participant's comract under which services are performed has cornpJeteJy expired and terminated, there is no foreseeable possibilit)' that the Employer will renew the contract or enter inra a new contract for the Participant's services, and it is not an¡jcipared that the Parricjpant will become an EmpJoyee of rhe EmpJoyer, or such other evems as may be permitted unòer the Code. '0 -' 45í Pian and Trust Document 2.21 Trust: The Trust C1'eated under Article V1 of the Plan which shaH consist of all compensation deferred under the P]an1 plus any income and gains thereon, less any Josses, expenses and djsrributiol1s 'Co Participanrs and Beneflc1arjes. . e Article Ill. Administration 3.01 Duties of the Employer: The Employer shall have the authority to make all discretionary decisions affecling the rights oroenefits of Parricipant$ which may be required in the administration of this Pian. The E1TIPlover' s decisions shalJ be afforded the maximum deference permined by appJicable Jaw. .. 3.02 Duties of Administrator, The Administrator, as "gent for the Emplover, shall ' perform nondiscfnjonary aùjnJniSl1"<il1vt functions in connection with the Plan~ incJüding the maintenance of Participants' Accounts, the provision of Periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer jn accordance v.,rith the provisions of this Pb,n. Article IV. Participatjon in the Plan 4.01 Initial Participation: An Empioyee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement js to become effective to defer cOlnpens3rlon nor \let earned~ or such other àare as m~v be permined under the Code. /':. nevv" emp]oyee may defer compensat]on -jn the ca]enàar m¿ntt during ...."hich ne or she fjr~_t becQ]né~ an en"1pJo:\Tee jf a J oinoer Agreement is entered into on or before the first Gay en v,+¡ich the employee perfornìs servjce~ for the Enlployer. e 4.02 Amendment ofJoinàer Agrtement: /\ Participant may amend an executed Joinàer Agreement to change the amount of lndudibje COITlpensation not yeT earned ....;t",hich is to be d~ferred (inciuding Üle reduction of such fu¡:ure deferrals to 2ero). Such amendment shall become effective as of the beginning of the cajendar month commencjng after the dare the arnenctnlent is executed; or such other daTe ~s may be permitteà under the Coàe. A Participant may at any rime amend his or her JoinoerAgreement to change the designated Beneficiary: andsucb amendment shall become effective imnlediateJy. Article V. Lin1itations on Deferral~ 5.01 Normal Lin1itation: Except as orovideà in Seerion 5.02~ the maximurn amount of Deferred c.ompens2tjon for anv P~njcjpanr for anv tax~bje vear~ shJlj nor exceed the Jesser of the DoHar Limitation or the P~rcel1tag~ Ljmitatio~. . 5.02 Catch-Up Limitatione: (2) Catch-up Contributions for Farticipants Aee 50 and Over: A Participant who has attained'the age of 50 before the cl';se of th~ Plan Year, and with respect tÖ \VhOlll no other elective oefen-als mav be macie (0 the Pian for the Plan Year b" re2son of (he Norm2J Ljmjt2rjon of Secrjon 5.0J; JY!2V emu jnto 2 joinder . Aereenlent to make eleC:lve òeferrals in addition Ie d~ose perrnjned bv the N~rmal Limitation j[¡;;n amount nOt to exceed thé Jesser ~f (1) the appjcable e L. . . . 457 PJan and Trust Document doHar amount as defined in Section 414(v)(2)(B) of the Code, as adjusted for the cost-of-jjving in accordance with Sectjon 4] 4(v) (2)(C) of the Code, or (2) the excess (if any) of (i) the PaniÓpant's compensation (as defined in Section 415 (c)(5) of the Coàe) for (he year: over (ii) any other elective deferrals of [h(- Part:ícipant for such year which are made without regard ro this Section 5.02(a). An ",dditionaj contribution made pursuant to this Section 5.02(a) shajJ nOt. with respect to the year in which the contribution is made, be subject to an\' otherwise applicabJe limitatior¡ contained in Section 5.01 above: or bé taken jn~o account in applying such lilnitarion to other conuibut]ons or benefits under thE- Pian or an)' other pJan. This Sectio;¡ 5.02 (a) shall nOt appJv in any year to which < higher limit under Sectjon 5.02(b) appl¡e~, (b) Last Three )'ears Catch~up Con.uibut!Of¡: For ea.ch of the last three (5/ taxabJt ve8.rs for;; P;:¡n.icipant ending. before hjs or her a.tTainmenr of NOfIl12J Ketirenlent Age, the maximum amOUnt of Deferred Compensation shall be the lesser of: (]) the 457 Catch-Up Dolì<.r LjmjtatioD~ or (2) the sum of 0) the Norn1aJ Ljrrljtation for the taxabie vear. and (jj) the Normal Limitatjon for each priOJ ta..xable year of the Fanjcipant conîr:nencjng after 1978 jess the :,unount ~f the PanicjpaDt's Deferred C0111pensatjon for such prior raxabje years. A priol taxab]e vear shall be taken iDto "ccount under the precediJH2, sentence only if b; . the Par¡jcjp;inr was eligible te panjcip2fe jn the P}~n iorsü~n year~ and i_::' compensation (if any) deferred under the PJan (or such Olher plan) \\'3S !'ubiect te rhe Nanna] Limjt2t!On. 5.03 Sick~ ·Vacatjon and Back Par: If the Enlpjo~\rer so e1ects~ d Pónicipant D18:' defer all or a ponion of the vaiue of the FanicipaJJt:s:accuHJUJate¿ sick pay~ accurnuhnec vacation p2:~ and/~r back pa.y: provide¿ that such òeferraJ Goes not C2use total deferrals on behaJf of the T;~rr:c;p,r,,-,-r to exceed the Dollar LmiL6Ljon or Percentage Lirnltariof¡ (incJudin£ am~ C::nch- l".::. d . c., . '- '--- . UD DoÎlar Limitation) [or the :7ear of deferraL The election to defer $uc.h sick, vacation 2~d/or back pay must be mdGe pursuant to a Joinder Agree!llent eDtereà illtobefore the be£Înning of the Jllonth in which the amounts "\vould orherwjse be paid or ]nade avaiJable to th~- Panj~jpant, and the Participant must be arj Ernplo~'ee in that month. In the case of sick~ vacation 80;10 back pay that is payable before the Participant has 8 Severance Event) the precedin£ requirements are deemed to be satisfJed if the Joinder Agreemem providing for the deferral i~ entered into before the amoun t i~ currentlY avajjabje. 5.04 Other Plans: Norwithstanding any provision of the pj;.;n to the contrary, the amount e:xeJudibJe from a Participant's gross income under this Pian or any othereJigjble deferr~d corI1pens2ì:ion pìan under Section 457(b) ortne C,oàe shaH not exceed the limirs set forth;n Secrions 457(b) and 414(,,) of the Code. 5.05 Excess Deferrals: Any 2mount that exceeds the nla.,\:lmum DoJJar LjmÜarjon or Percentae:e Limiratjon (jnduding 2ny appEcable Catch-Up Dollar Limitation) for a r:?.xab]e vear. shaD constitute an excess deferral for thar taxable }1ear. Any excess deferral shall be distributed in accordance with the reguj rements for excess deferrais under the Code and Section 1.457 -4(e) of the Income Tax Regujation~. " 457 Plan and Trust Document Article VI. Trust and Investment of Accounts . 6.0J Investment of Deferred Compensation: A Trust is hereby created to hoJd all the assets of the Plan (except Deemed IRA contributions and earnings thereon held pursuant to ArticJe IX) for the exclusive benefir ofPartjÓpants and BeneficiaÓes, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee shall be the EmpJoyer or such other persbn that agrees to act in that capaci')' hereunder. 6.02 investment Powers: The trustee or the Administrator, acting as agent for the trustee, shalJ have the powers listed in this Section with respect to investment ofT rUSt assets, except to the extent that the investment of Trust assetS is dir,ctedbv Participants, pursuant to Section 6.05. (3.) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies Cinò other 11lutual fund~: bonds~ loans, notes: deben~ures: certificates of deposit: contr2cts ,~'ith insurance companies including but not broited TO ins'urance, individual or group annujty~ deposit administration: gU2ranteed inI~rest con(raCt5~ and deposits aT reasonable rates of interesr at banking jnsrirutjons incluàine, but not limited to s<rv]nes accounts and certificates of àeposit. Assets of the T ;uSt may be invested in se~urit-ies that involve a higher àeg;-ee of risk than irfvestments that have òemonsrrated their investment perfonnance over an extended period of tiDle. (b) To inven and reinvest aJ Or any part of the assets of the Trust in any common, collectjve OJ" commjn~Jed trust fund that 15 maintained bV ó bank or' Othel instiIurjon and thdt j; 2vajjabJe to En1ployee plans described unòer Sections 4Sï or 401 of the Code, or any successor provisions tl1eretc, ~.f]¿ during the period of tinle that an investment throu2:h anv such rnedium sha}] exist, to tne extent of participation of the Plans the JecJa~~Ùon of truSt of such comn1onI}' colJective~ or cOrDmingìed UUSt fund shaJJ constitute a part of this Pian. . (c) To invest and reinvesT aJj or aDY part of the assets of the T JUst in any group anJ1uit)r~ deposit administration or guaranteed interest contract issued by an insurance company or other FInancial instirution on a commingled or collective basis with the assets of anv other 457 plan or trust ouaEfied unàer Section 401 (a) of the Code or any other plan descri b~d in Section 401 (,)(24) of the Code, and such contract ma)~ be heJd or issued in the name of the Administrator~ or such custodian as the Administrator may appojnt~ as agent and n0J11inee for the Et11pJo)'er. During the period that an investment through any such contract shaJJ e¡¡ist, to the extent of participation of the Plan, the terms and conditions of such contract sha!1 constj¡ute a part of the Plan. ( ') ,Q To hold cash awaiting investment and to keep such ponion of the Trust in cash or cash balances, without Jiabilirv for interest: in such amounes as mav from time to time be deemed to be reasonah]e and necessary to meet obli22tion; under the plan or ornen,,¡jse TO be jn the best interesTS of tn~ Phu~_ '-' . 6 4,57 P]an and'Trust Document . (e) To hold, to au¡horize the holding of, and to register any investment to the Trust jn the name of the Plan, rhe Employer, or an)' ;;onÜne; or agent of any of the foregoing, including the Adminjstrator, or in bearer form, to deposit or arrange for the deFo~it of securities in a qualified cenual depository even though. when so deposited, such securities may be merged and held in bulk in the name of the norr1jnee of such depository \vith other securities àeposited therein by any other person, and to organize corporations or Trusts under the Jaws of any iUrj~djction for the purpose of acquiring or hoJding title to any property for the Trust, all \vith or without (he addition of words or other action to indicate that properry is held in a fiduciar:' or representative capacity but the books and records of the Plan shaH at al1 tJmes show that all suchinvestnlentS are part of the Trust. . (f) upon such Terms as may be de~med aovisabje b:v the Empjoyer or tht ~b.~cir:n¡ïlist¡:2.toi': as the cas\:' rn2V be, for the PïOtCc[lon of the interests of the Pia;; or for the preservarion of the ~'alue of 2.rJ i~vestJnenr1 to exerÒse and enforce by ~uit for ¡eEal or eoulrabie rernedies or bv other action. or to \vaive an\' ritht or ~lajm on behalf of the Plan or anv òef2~h in anv oblj~2tion o\vinQ t~' rh~ Plan. tC reflew. extend the tiDle for, pavm~nt of agree r¿ a red~ction in th~ r~te of interest oD~ or a£ree to ;:ì,J1V other m'odifìcatjon or'"change in the ternlS of an\' ob¡i~éHìon o,~!in£ t~ the P]an·~ to setde. C0111prornise. adiu;c or ~ubmÎr to arbir~<ìtjon"am· claim'" or ri£11t in favoroÍ 0; a£ai¡;st the Plans to exercise and enforce <in\' and all ríght:s of f;recjosure~ bid for property in rorecJosure: and take a deed in ·¡jeu of foreclosure ,vith or \""ithoU! paying consiòer2.tion therefor: to COn1D1tnce or defend sujt~ or otber ]ezaj proceeòin£5 ",¡hen ever anv imereST of the Pj~n reouire~ j"C; and TO represent the ÞJ2~ In ajj .suIts or legal pro¿eedings jn 211)' court aria"7 OJ equjt~' or before any body Or u·j~unal. ~g., T c emp;ov 5ulrabje consuh:anE, ¿eDositorje~. aQeDr$. and JeQal counsei on behajf ~ , ',' '- - '- 0' -n' e PI'.-·;· - j l ~.c.. ~. (h) To open and maintain any bank account or accountS in the name of the Pìan, the EmpJover, or any nominee or as:ent of the foregoing. indudinQ the ..' ,"' ,-...' '- ACÌJ11iJjistr2tOí~ in any bank or banks. (i) To do any and all other acts that may be deemeà necessary to carry out any of the powers set forth herein. 6.03 T axes and Expenses: All taxes of an~' and ajj .kinds \vÌ1ótsoever that may be levied or assessed under exisring orfurure laws upon '[he P!af1~ or in respect to the Trust, or the income '[hereof, and all commissions or acguisitjons or dispositions of securities and simi]ar expenses of investment 'ma rejnvestment of the Trust, shaJJ be paid from the T-ruSL Such reasonab]e compensa'[ion of the Aànlinistr2tOr~ 2S may be agreed upon frOJTl time ro time by the EmplO)Fer and the Adminisuaror. and reimbursement for reasonabie expenses incurred by the Adminimator in performance of jtS duties hereunder (jncJuding but not limited to fees for legal~ accounting; investment and custodial services) shall also be paid frorn rhe Irus:. . 457 Plan and Trust Document 6.04 Payment of Benefìts: . The payment ofbenefìts from the· Trust in accordance with the terms of the Plan may be made by the Adminjstrator, or by anv custodian or other person so authorized by the Empjov~r to make such disburse~ent: The Administrator, ~ustodian or other person shall not be liable \~,jth respect to anv òisnibution of Trust assets made at the direction of the Emplover. -' · 6.05 Invesnnent Funds: In accordance v·/ith uniform and nondiscrimiratory ru]es established by the EmpJoyer, and the Admjnistrator~ the Participant may direct his or her Accounts '[0 be investeò in' one (1) Oï more inves1:ment funas availabje unàer the Plan; provided, ho\vever, that the Participant's InvestInent cÜreClions 'shall no;vio]ate any investment restrictions estab!ished bv the Emplo:'er. Neither the Emplover, the Administrator: nor any m:her person shall be liable for' any Josses incurred by virtue of follov,ring such òirecrions or \v.Îth 2.n:I' reascn;;ble administrative deìa)' in jmp]ementing such directions. 6.06 Va.1uation of Accounts: i>.s of each Accounting Date~ the Pian asset~ hel~ in each invesn11ent fund offered $haJ! be vajued ar fair market vaJue and the jD\'éSnnent income and £a10s or ¡osses for each funè shaH be oetennined. SUCh investment jDcome and ,gains or fosses shaH be ajocated proportionatel\' among ail Account balances on a fund-by-fund basjs. The alJOCatlCn shall be in the proponiofj Ù12.I each ~uch Account ba]ance as of the irr'lmediareJv preceding Accounrin2 Date bears to the total of a1] such Account balances as of that ACCoul~ting Date. For purpc;es of this Article, aB Account balances include the Account balances of all Participants and Beneficjarjes. 6.07 Participant Loan Accounts: Panicipant Loan Accounts sha]] be in,->ested in accordance '-ViID Sectior, 8.0:; of The pjar,. S'Jch Accounts shall not Sh2ft in (in\'" investment income anò gains Of jos~es of the investment funds described in Sectiom 6.05 ~nd 6.06. · 6.08 Crediting of Accounn:: The Panjcipanr's .Account sh211 refjecr tj-Jt arDount and value of the inves¡:ments or other properrv obtained OV the Empjover throu2"h the inveSlment of d~e Participant's Deferred éon~pen·s2Ùon purs~~nt te Se~tio·ns 6.05 2~d 6.06. 1r is anticipated that the Empíoyer's invesunents with respect to a Participant will conform to the inves;nlent preference specifìed in tbe PaniÒpant' s Joinder Agreement, but nothing herein shall be construed to require the ElT!DJover to Dlake (in)' particular inveSlnlent of a Panicipant's Deferred Compensatio;-¡. tact Participa~t'shaI] receive perioàjc repons~ not JeS5 fre-quently than annu<Jly", shov\'irJf the then current vaiue of his or her ~Account. 6.09 post-Severance Transfers Among Eligible Deferred COlnpemd.tjon Plan~: (- \ 0) InCOnling T ransiers: A transfer m~v be accePted FrOI11 an eìigible deferred cOffiPens';tion pian ITl£Üm:aineò bv ~nother e;nplover and credited to a Participant's 0; BeneDCi2.rv's Acc~unt under the Plan if: (i) in the case of 2- uansfe'r for a Participanr. ~he Panicipant has had a Sever4nce Event \~Iith that eluployer and becoy{A:e 21: Employee -of the Employer; (ii) the otber empJoyer's plan provide5 that such tf;::,nsfer will be made: and (jij) the PanÎÒpant or Beneficiarv whose deferred an-Jounts are being transferred \vii] have an amount iJn1TIecìiat~lv after the transfer 2.1: jeast eoua] t; the deferred amount immediatel" before tne ;ransfer. The EmPlcver D"'l2V" require such Gocumentation from the· rredecessor pian as it deems 'ne~essar:' ~o effectuate the tr2J1Srer in accordance · ç '- e e . 457 Plan and Trust Document with Section 457(e)(] 0) of the Code, to confirm that such plan js an eligible deferred compensaÙon plan within the meaning ofSecr;on 457(b) of the Code, and to assure that transfers are provided for under such plan. The Emplover may refuse to accept a transfer in the forn} of assets other than cash~ unless the EmpJoyer and the Administraror agree to hold such other assets under the Plan. (b) OUt2oing Transfers: An amount mav be transferred to an e]Ü2jb]e deferred cOlT1pens;tion plan maintained by a~other employer, and cha';:ged to <. ParÓÓpanr's or BenefìÒary's Account under this Plan, if: (j) in the case of <- transfer for a Participant: the Participant has a" Severance Event '''lith tht Emplover and becomes an emplovee of the other employer; (ii) the other employer's pian provides that ~uch transfer wi!J be accepted; (iii) the Participant or Benefìciarv and the emplovers have signee such agreements as are ntcessaJY to assure that ti~e Emplove/; li8~bìlity to D::¡~' hf.nefirs ro'" the Participant ha~ been' discharged anò ass~m~dby the o~her ~mpJoyer; and (jv) the Pa1~ticipant OJ Beneflciar'.,; \?"'nose oefeneò amounts are bein2, uansferred wiJl have an amount irDmeàj2t~lv after the transfer at Jeast ecual t~ the deferred amount li'nmeàiateh' before rhe t"fansfer. The Emplover 11"13V'reouire such documentation from the . other plan as it oeen1s necess~ary· w effe'crua~e the transfer: TO confirnl Ih:1.! ~ucJJ plan is an eìigible àeferreci compensation plan \vithin the meaning of Stc\io]"; 457(b) of the Code, and to assure that uansfers are provided for under ~uch pian. Such uansfers shajj De made onJy under such circumSTances as are permittee under Section 457 of the Code and the regulations thereunder. 6. JOT ransfers Among EligibJe Deferred Com pensation Plans of the EmpJover: (a) lncomin2. Transfers. A transfer mav be accepted from another eJiQibje deferred conlpens~tion rÚêin maÚjrarnea tv ~he Empj~ver ana credired fa a'-Panicipanr's or Ben~fìciary!s- .A·ccoufn under The PJan if: (i) Ih"e Ernployer's other pJan pr¿vjòe~ that such tr.wsfer wj]J be maàe; (lj) the Panjclpanr OJ Bene1Ícjary \vhose òeferre¿ aniOUntS are bein2. uansferreà v·,ilJ have an amount immediatelv after the transfer ar jeasr eQua) to rJ;e deferred amount immediarei,. before rhe rr~nsfer; and (;ij) rhe Panicipa~t or Beneficiary whose deferred amou~ts aft being transferred is not eijg;bie for additionai annuaJ deferrals in the Plan unless the Participant or Benef1Òary is performing servjces for the EmpJoyer. (b) Outgoing Transfers. ,~transfer may be accepted from another eJigible deferred compensatjon plan m(;.jmained by the Empioyer and crediteò to a Participant's or Benefrciary's Account under the Plan jf: (i) the Employer's other plan provides that such transfer \viIl be accepted; (ii) the Participant or Beneflciary whose deferred amounts are bein£ transferred wjIJ have an amount jmmediately after the transfer at ¡east eoua] ro th~ deferred arnount immediardv before the u;nsfer; and . ' (iii) the Participant or Beneficiary \~rhose deferred aJ110Unts are being transferred is not eJigib]e for additional annua] deferrals in the Empioyer's other eligible deferred compensation pian un]ess the Panjcipant or Benefìcja~r is performing services for the Empiover. C / 457 Plan and Trust Document 6.11 Eligible Rollover Distributions: (a) InCOrJ'1ing Rollovers: An eligible rollover distribution may be accepted from an e]igib]e retirement pian and credjted to a Participant's Account under d,e Phn. The Employer may require such documen¡ation from the diStributing plan as it deems necessary w"effectuare the rollover jn accordance wj¡h Section 402 of the Code and to confirm that such plan is an eligible retiremem plan within the meaning of SectiQn 402(c)(8)(B) of the Code. The Plan shaJJ separately account (in one or more separate accoums) for e1jgible ro]]over diStributions from any· eìigibJe retirement plan that is not an eligible deferred compensation plan de;cribed in Section 457(b) of the Code maintained bv an eligible governmental employer describeà i;, Section 457(e)(J ) (A) of Code. . ~ ~ e fL '\ n__~ rr -,¡-,D R.-,11-.,:-:-,;:· 1'- ~ .....~:..·;fh-:.-...,:"1-1;:; c- ..... ,",'7 ""':,......":r;......", ......+ ~he pj...,.,...., T-n .,.hø r^n,.r<')r"\' .U" .U·~-U.L...... ,"-,LV· C.". ~'I...-_\,,_.._.1.c::...U!._,- <I.~·1 l-'.V'J~~".'" ".J '" ,,(..,," _'-' ...,.....,.'>.,..... \ J ........ 't? ....... ..... . J . that would otherwise limit a distributee' selection uJ;1der this Section, a . distributee may eiect, at the time and in the manner prescribed by the Administrator, to have any ponion of an eligible rol.!over distributior\ paid àirecdy to an eligible retirement plan specified by the òisuiburee in ~ àirect ro]]over. (c) Definitions: (1) EJjgibje RoJJover Distribution: !ill eJigib]e ro])over djstrjbUtion is an\' dis~ribution of ali or any ponion of th~ balance to the credit of the . distributee: except that an eljgible JolJover distribution àoe~ nor ìncluàe: anv disuibution that is one of a series of substantjallv eoua] periodic pa;'J11enrs (nor Jess frequent),,. than annually) made ¡or (he Jife (or life expectancy) of the distributee or the joim lives (or joint life expectanÒes) of the disuibutee and the àisuibutee's designated beneficiary, or for a specified period of ten ve"rs or more; any distribution to the extent such distribution is reouired under Sections 40] (a) (9) and 45ï(d) (2) of the Code: and any distribution made as a resuh of an unforeseeable emergency of the employee. For purposes of distributions from other eligible retiremen¡ plans rolled over into this Plan. the term eligible rollover distribution shall not include the . ponion of aD\' di;tribution that is nOt indudible in gross income (determined withoUt regard to the exclusion for net unreaJi2ed appreciation with respe~,t to employer securÌ'rjes). e (2) Eligible Retirement Plan: An eligible retirement pian is an individual retirement account described in Šection 408(a) of the Code. an indivjduaj reriremenr annu;ty described ;n Section 408(b) of the Code, an annuity plan described in Sections 403(a) or403(b) of the Code, a quaJjfied trust described in Section 401 (a) of [be Code, Or an eJigjbJe deferred compensation plan described in Section 45ï(b) of the Code which is maim;Úneò b'van eligible £overnmenta) em plover òescribed in Section 45ï(e)(J)(A) ¿f the C~¿de, ~hat acceptsthe distributee's eligible rollover disrrjblltion. e JO e e . 457 Plan and Trust Document (3) Distributee: A distriburee includes an emplol'ee or former emplovee. In addition, the employee's or former employee's surviving spouse and the empJovee's or former employee's spouse or former spouse who is the aiternate payeeunaer a qualifìed àomesric relations order~ a~ defined in Section 4] 4(p) of the Code, are di,,¡jbutees wjth regard to . the im~rest of the spouse or former spouse. , (4) Direct Rollover: A direct roUover is a payment by the plan 10 the eligible re¡jremem pjan specjfJed by the distributee. 6. ] 2 T rustee-tO- Trustee Transfers 10 Purchase Permiss;ve SeJ'l'ice Credit: JIl] or 2 ponion of a Participant." Acco~nt m~y be :rransferred directly to the :rustee of a defined . benefit governJllemal pian (as oefinea JJ1 Section 4 ]4(d) of the Code) 1f such rramfer 1S. (Ai r 1....... i.. _ ~£_þ._~:n:..",~~_.:_~,__~""¡:_(~_ .--1.....C.~M~:... ç......-_;^_¡,l(.I~\/:::<\(ó\ ~(..l...or^..-l""\ ¡or t¡ê purC¡l2.SC 1...'1 P,-¡':':::~",¡\'- ::c.; \'H.X '-.:CU;l \e:.:, ..JI......!.~.:JI..~ In '-'...........tJ'-,;: "':::...'IU.! \..... /\J :1-: .....: U:'" '--1.......:..../ under such plan, or (B) a repaymem to which Section 4] 5 of the Code does not appiv b\· reason of subsection (k)(3) thereof within the meaning of Seètion 457(e) (] 7) of the Code. 6.] 3 T reaunem of Disuibmiom of Amounts Previously Rolled Over From 40J la) and 403(b) Plans and lRAs. For purposes of SeCtion net) of the Coae. a distribution (rom this P]an shall be treated as 2 distribution from 8. qualjfied retÚement pJar¡ described in Section 49ï4(c)(J) of the Code to the extent that such distribUtion is attributable to an amount uansferreò to an eligíbje deferred compensation p]an horn a quaJif¡ed retiren1ent plan (a~ defined in Section 49ï4(c) of the Code). 6.l3 Emp!over Liabilitv: 1n no event shaJJ the Emplover' s !iabiliD,to P2)' benefits to a Participant ~unòer this Plan exceed the \'alüe of the amounts credited to the Panjcipant'~ Accou~t: neither the Empjoyer Jlor the ./\òministraror shan be jjabjt for jO$ses arising from depreciation or shrinkage in tne value of any' invesrmenrs acquired under this Plan, ArÚcJe Vl1. Benefit, 7.0] Retirement Benefits and ElecÚon on Severance Event: (2) General Rule: ExcePt as otherwise provided in this Article \1n, the diStribUtion of a Participant's A¿coum shaH con;mence as of a Participant's AUTomatic· Distributi¿n Date, and the ciiSIribution of such benefits ~hall be l11ade in accordance with one of the Dayment oPtions òescribed in Section 7.02. Norwithstanding the {oreg¿ing, but su'bjeCI to the following paragraphs of this SeCtion ï.OJ, the Participant mav elect following a Severance Event to have the distribution of benefits ¿omrnen~e on a fixed àe7erminabie d2te other than that described in the preceding sentence, but not later than April] of the year followin2 the year of the Participant's Retirement or attainment of aee ïO-1/2, v.lhjchev~r is j~ter. The Panicip~nt's right to change his or her dectì~nwìth respect to commencement of the distribution of benefits shall not be restrained bv'this SecIion 7.01. Not\vÌthstandinR the foreeoin2:, the AdrninÌstraror, in order (~ ensure the orderJy adminjsuatjon of this pro\~jsio~: may establish a òeadline 2.fter which such election to defer the commencen-jem of distribution of benefits shall not be allowed. L 457 Plan and Trust: Document (b) Loam: Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement of benefits after a Severance Event shaJl operate to defer the distribution of anv amount in the p2fticipant's Loan Account in the event of a default of the Panicipant's loan, e 7.02 PaYment Options: As provided in Sections 7.0j, 7.04 and i,OS, a Participant may elect to have value of the Participant's Account distributed inaccordaoce with one of the folJov,rjna PavmeJ1! oprjon~) "Droviòeò thar such oprjon is consistent wjrh the Jjmirarions set v .. . . forth ;n Section 7.03. ' (a) Equal mOJ11:hjy} quarrerJy: semi-annual or· ânnual paymems in an amount chosen by the Farticipant: continuing unti] his or her Account is exhausted; (bj One iump-$urü payrntI1\:; , " \Cj ApproximateJy equal monthl~7~ quarterly: semi-annuaj or annual payments, caku1areo to continue for a perioò cen:ain chosen b:' the F<îrricipant. (d) Annual PavnlentS eoual to the min]D"}um disu-iburjom reouired under SeCtion 401 (a)(9) ~f {he Code:: ijduding the incidenraì de2.rh ben'efJt requirements of Section 401 (,,)(9)(G). over the ¡ife expectancv of thê Fanicipant or over the life expecrancies of the Parricipanr and hjs or her Beneficiar:-'. (e) Payments equal to payments m~de by the issuer of a retirement annuity polic:; acquireò by the Employer. e (f. .. .. ", ',. . " .)") (' (' A spjjf GJstnbutJon under \VnlCn p2"\-'H".íents unGer OQi,lons 12,; I, b,: ,C) or e, Con-lmence or are fnade ;H the sa~e' tirne: as ejected' by the Participant under Section 7.01: provjòeò rhar all DêiVnle!1IS commence (or 2rt made) bv the Jarest benefit co:rnm~ncemêm date uJ~d~r Section 7.01. . (cr ~i ¡:v Any other payment option ejected b:v the ParrjçjpaDt and agreed to by the Employer and Adm1njsuaror. A Farricipant's seieClloD of a payment option made afrer DecenlDer 3L 1995, under SUDsectl¿ns (a): (c): or (g) above may induce the sdecÚon of a11 aurom2tic annual cosr~of- jiving jncrease. Such increase will be based on the rise in the Consumer Price lndex for All Urban ton~UlllerS (CP1-U) from the third quó.ner of the last year in which a cost-of-jiving increase \vas provjàed to the third quaner of the current year. P-,ny irJcrease \~!ill be made in periodic payment checks beginning the fo]owing january. i.OS Limitation on Options: No payment option nja~/ be séJeGed by a Participant under subsections 7.02(2) or (c) uniess the amount of an\' instailment is DOt jess than $100. No payment OpriOlî may be seìecœd bya Parrjcjpant under Sections í.Ol: 7.04: or 7.05 uniess it satisfies the requirement:s of Sections 401 (2)(9) anò 4S7(ò)(2) of the Code: induding that payments commenÓng before t.he dent of tbe Panjcip;mr shaD sar¡$~' rbe incjdenraJ death be~efît requirementS under Secrjof; 401 (2)(9)(G). e e e e 457 Plan and' Trust Document: 7.04 post:-Ret:iremem Death Benefits: (2) ShouJd the PartiÒpant die "fier he/she has bee-un to receive benefits under a payment option, dle remaining payments, if ;ny, underthe payment option shall continue until the Administrator receives notice of the P",icipant's death. l'pon notificarion of the Partjcjpanr's death, benefìrs sl,a1J bepJ)'2bJe ro the Participant's Beneficiarv commencing not later than December 3] of the "ear foliawing the year of the Participant's death, provided that the Beneficial'\' ma" elect to begin benefJts earlier than that date. (b)]n the event that the Eenefìciarv:dies beíore the pavmenr of death benefits has commenced or been complere~L 'rhe remaining value of the Participant'~ Account shaJj be paid ro the esrate of the Eeneficiarv in a lump sum, In the event that the D,.,.....-;r;,....,~,...,.->.,. "".,."""''''-;' .-i-...,. h<>r.~Ç;r;...,1'>' ......')"~pn.,. ch....,11 ~þm'),..¡p -r-r" ..hoe .<"'T')fp;n-: ,_ <'.;. \I....., 1-"-;"" .' '_....,,",c'- ", e",- ...."_.,,...., ''-''«'} : .:-"': '.,..·u.. ~,..,.." ...... ,,,,,,,,. ','.- '_."~ ........... ... ~ lump surr" 7.05 Pre-Retirement Death BenefJt,: (a) ShouJd the Participant dje before he or she has begun to receive the benefJt~ provided b~' SectJon 7.01, the \'aJue of the Panicipa.nr'5AccOuDt shed] Lx pa~-able ~o the Beneficiar\' commencin2 nOt later than Oe-cember 3] of the Vtar fojowing the vear of the P~rticipaDt's òe~th, provided that the BenefJcÌarv JTJ;V elect to ... begj"n beneBts earjjer ~h2n d121 d:::r~. . . (b) 1n dlé event that the BenefKia;:' òies before the payment of death benefJts ha~ comn¡enceo or been completed, "the reH'J2inÜ1£ value ofrhe Parrjcjpanr's Account shall be paid to the est3te'ofthe EenefJciary in'- a Jump sum. In the eVent that the- Participant's eSt8te iE lÍ"je Eene0cjar:\'; p2~;meD"r shaU be maûe te tne eState JD ;::; lump sum. 7.06 Unforeseeable EmergencieE: (a.) In the eVenT an unforeseeabJe enlergency occurs~ a P~mjc¡pant or Beneficiary may apply to the Employer ro receive that pan of the vaJueofhis or her Account that ís reasonabJy needed to satísf..' the emergency need. If such an application is approved by the Empìo~ler: the Participant or Benef]à:ìi:' shall be paid only such amount as the EJTJployer deems necessary TO meet the emergency need~ but payment shall not be maòe LO the extent that the nnanciaj hardship may be rel1eved through cessation of deferral under the pj2J1, insurance or other reimbursemen~~ or liquidatioD of oiher assets to the ~x\ent such liguidation would nOt itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed fO invüÌve only circumstances of severe fìnancial hardship to the PartjÒpant or Beneficiary resulting from a sudden unexpected jJ1ness~ <iccidefH.. or disabíliry of the Participant, Benef]cjary~ or of the spouse or dependenr ías denDed ;;, Section] 52 (a) of the Code) of the Participant or Benefìcial)~: Joss of the Participant's or Benefìciary's property due to casuaJty (indudine the neeo ro rebuild a home foijO\;ving Gama£,e to a hon1e not otherv·"ise covered b~l homeov\'fJu'S inSUT211Ce: e.g.: as â re~ulr of; nafural djsasrer)~ or orher . 457 PJan and Trust Document simiJar and extraordinary unforeseeable circumstances arising as a result of events beyond the controj of the Participant or Beneficiary. The imminent foreclosure of or eviction Fronl the Parricipanr"s or Beneficjary's prim<iry resiàence ma~" constitute an unforeseeabJe emergency. In addjrjon, the need to pay for mediGd expenses, including non-refundable ded uctibles, as we]] as for the cost of pr~scriptjon drug medication may constitute an unforeseeable emergencv. The need to pa)' for the funeral expenses of a spouse or a dependent (as defined in , Section] 52 (a» of the Code may also constitute an unforeseeable emergenC\'. Absent extraordinary circumsta~ces, the need to send a Panicipant's or' ' Beneficiarv', child to cojJe2e or to purchase 2. new home snaJJ nOt be considered unforesee;ble emerQ:,encjes~ The dêtermiD2tion as to vvhether such an unforeseeable emergency exists shall be based on the metits of each individual C2.st. e 7.07 De Minimis Accounts: Notwithstanding the foregoing provisions of this Article, if the vaiue of a Participant's Account is less than S] ,000, tne Particjpant's Account shall be pajd to the PartiÔpant in a single Jump SUD') distribution, proviàed that (a) no arnoum ha~ been òeferred under the Plan with respect to the Participant during the 2-year period tnding on the date of the distribution and (b) there has been no prior distribution under the Plan to the Pan:icipanr pursuant to this SectiOD 7.07. If the vaiue of the Panicipant's ~Account is 81 least S; j .000 but not more than the dollar iimit under Section 4] ] (a)(J I)(A) of the Code and (a) no amount has been deferred under the pjan wjth respect to the Par¡jÓpant durjn~ the::- vear perjod enòing on the date of the distribution anò (b) rhere has been no prjor 'disufburiOD unòer the Pian to the Participant pursuânr to this Secrjor, ï.Oï: the' Particjpant n1a:' eleG to receive his or her erJt]re Account. Such distribution shaj] be made in a Jump sum. e AnjcJe \·1)1. Loans to :l'2rtjÓpants 8.0} Availabiliry of Loans to Participanu: . (^ \ G) The Empiovu may elect to make loans avaijable to Participants in this Plan. jf .' .. . the Employer has decred to make joans avaiJabie to Participants, a Participant may apply for 2 Joan from the Plan subject to the ]Ü11Üatjons and other provjsjons of this Article. However) DO Joans are available from Deemed lRAs. (b) The Employer shall estabiish v,ninen guideljnes governjng the granting ofJoans: provided that such guideiines are approved by the j\dDljnisnaror and are not inconsistent with the provisions of this f>-rricJe~ and that loans are made avajJable to aD Panjcjp.ants on ; reason a bJy equlv2Jent basls. 8.02 Terms and Conditions of Loans to rartjcipant~: A..nv loan bv the Plan to a Participant under SectioE 8.01 of the Plan shalI satisfv the ~.'..' . folJo\ving requirenlents: (~) Avaiìabi1]t~r. LoaDS shaH be ffi2Ge av::dlable to an Parricjpants on a reasonably equivaient basis. e Jt: 457 Plan and Trust Document . (b) Interest Rate. Loans must be adequately secured and bear a reasonable imerest rate. (c) Loan Limit. No Participant loan shalJ exceed the present value of the Participant's Account. (d) Foreclosure. In the event of default on any instaJlment payment, the outstandi'ng balance of the ioan sha11 be a deemed distribution. ln such event, an actuai disnibution,of a plan ioan offset amount will not occur umil a distributable event occurs in the Plan. (e) Reduction of/lcCOUnt. Notwithstanding anv other provision of this Plan, the portion of the Panicipant's Accóunt ba];nce'used as'" security interest heJd by the Pbf1 bv Te2.50n of 2.lo2.D outst2.nding to the Participant shall be taker: lntü ;~count f¿r purposes of deTermining th~ amount of the Account balance payabJe at the !ime of death or distribUtion, but only jf the reduction is used'a, repayment of the ioan. . ([) .Arnount of Loan. At the time the loan is made, the princjpal aJTIóunt of the loan çJus the outSrandÚ1g b.:'¡]al1ce (prlncipal pJus accrued interest) due on 2n~' orher ~l.JtSt:;nciing loans to the Participant from the Pian and from aJl other plans of the EJ11ployer that are either eligible òeferreà compensation plans described in section 4 57(b) of the Code or qualifìed emplover plans under Section 72(p)(4) of the Code shal! not exceed the lesser of: e 0) S50.000, reduced bv the excess (if any) of (a) The hjghesT oUIsTanòing ba]ance of loans from The P]an during the one (]) ~;-e;;~ period endjng ~n the da:7 before (he òate on which the ioan j$ made. over (bì The outstandin£ balance of loans from the Pian on the date On . ~ \vhjch such loan is made; or (2) One-half of the value of the Participant's interest in aJI of his or her Accounts under this PJan. . 1:', 457 Plan and Trust Document (g) AppJication for Loan. The Participant mUSt give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a Joan. No more than one (1) loan may be made by the Plan to a Fanícípant's in any calenciar year. No loan shall be approved if an existing Joan from the Plan to the ParÓcìpant is in default to any extent. . (h) Length of Loan. A:ny Joan issued shaH require the Participant to repa\' the Joan in substantiaJìv eQual insta!lments of princiDal and interest. at least monthlv, over a period that doe; 'JOt exceed five (5) 'vears 'from the date of the loan; provided. however, that if the proceeds of the loan are, appJied by the Participant to acquire any dweliing unit that is to be used within a reasonab1e time (determined at the ti~e of ,he Joan is made) after the ioan is made as the principai residence of the Participant, the five (5) year Jimi, shaJj not appiy. In this event, rhe period of , " , 11 . 1 . Ji 1 T: 1 repay-ment Sl1aH not exceea -a reaSOnê:Ole periOD ueterniWtu oy tJ-Jé Li11pJOYcf.' Principal installments and interest payments orher.vise due may be suspended for up to one (1) year àuring an authorized le2ve of é:;bsence~ jf the promissory DOle so provjòes~ bUT not bevond the oriQinal term ~ìefmitted under this subsectjon (h)': ,,,'1th a revised pa)~~tnr $chtàu}~ (v,rithin s~ch rerm) jnstirured ar' the end of such period of suspensjon. (i) Prepayment. The hrricjpanr shaJJ be permimd TO re:pav the loan in whole or in pan a.t an)' time prior to maturit),: vI,jthout pena1r:"'. (j) Pron1Ïssofv NOH:. The Joan shall be eVlòer:ceG bv a promissorv note executed bv the Panjdpó.riT anè àelivered to the EnJp]over~ 2~¿ ;haU bear j'J1terest at a . reasonabje- rate determined b:v the En1pfoy~;·. . (k) Security. The Joan shaH be secured b:c an assig-nITJent of the participant's fight: tide and interest in and 10 hjs or her ,,';'ccount. (1) J';ssignment or Piedge. For the purposes or paragraphs (0 and (g)~ assignment or pìedge of any portion of the Panicipan t' s imeres¡ in the Plan and a loan, pledge, or assignment \vith respect to any insurance conuac¡: purchased under the PJan, ,víl1 be treated as a loan. iIT" J Other Terms and Conditions. The E.mplover shall fix such other terms and . . conditions of 1:he loan as it deems necess;ry ~o con1pJy wi1:h legal requirements~ to maÌntain the quaJificarion of the Pian and Trust under Section 45ï of rhe Code~ or to prevent the treatment of the Joan for tax purposes as a djstribution 1:0 the Parricipant. The Employer: in its discrerjon for any reason: ma~\l also fix other terms 2nd conditions of the loan) including, but nOt JÜ111rea to: the provjsion of grace periods folJoìving an eVent of default; not incoDslsrenr with the provlsjons of (h1S Anjc!e and Section 72(p) of rhe Code~ and any applicable regu]arjons thereunòer. . it . . . 457 Plan and Trust Document 8.03 Participant LoanAccounts: (a) Upon approval of a loan to a Participant by the Employer, an amount not in excesS of ¡he loan shall be transferred from the Parricipant's other investment fund(s), described in Section 6.05 of the PJan, to the Par6cipant's Loan Account as of the Accoum:ing Date immediately preceding the agreeà upon date on which the loan is to be made. (b) The assets o{a Participant's Loan Account roav be invested and reinvested ohly in ptomissoty notes r~ceived by the Plan from'the Participant as consideration' for a Joan permirted bi' Seerion 8.01 :of the pJan or in cash. Uninvested cash balances in a Participanr's Loan Account shaD not bear imerest. Neither the Employer, the Administrator, nor any other person shalì be liable for any loss, or by reason of any breach. that resuJrs fron1 the P.arrjcjpanr's exerÒse of such control. (c) Repayment of principal and pa:vmenT of jnreresr sha]] be made by ,pa~.rro]J àeàuctjon or: \\,here rep2yment cannot be made by pa~;roJ] òeducrion~ b~' check: and shall be invested in one (1) or ITJore other investmenr funàs, in accordance v\rjth Section 6.05 of the Plar;, as of the next Accounting Date a.fter payment thereof to the Trust. The amount so invested shaH be deduc¡:eà from the Participant's Loan Account. (d) The Emplover shaJl have the authori,,' ro esrablish other reasonabJe rules, nOt inconsistent v-,rith the provisions of 'the PJan, 2,overninQ the eSTablishment and J11aintenance ofPaniéi?2.nt Loan./\ccounrs.' .... '- . Article IX. Deemed IRAs 9.01 General: This Article IX of ¡he Pian refleers seerion 602 of ¡be Economic Growth and Tax Rdief ReconóJia¡ion Acr of 200 j C'EGTRRA"), as amended by the Job Crearion and Worker Assistance Act of 2002. This Artic1e is imended as good faith compliance with the reouiremenrs of EGTRRA and is to be construed in accordance wirh EGTRRA and gujda~ce issued rhereunder. This Article JX shaJJ supercede the provisions of the P]an to the ~xtent that LÌ'10se provisions are inconsistent V>ll th the provisions of this A_nicle IX. Effective for PJan Years begjnnjng after Decen) ber 31) 2002; r11t Emp)oyer may eJect to allow EmpJoyees to make vojuntary empJoyee contributions to a separate aCCOunt or annuity established under the Pian thar compiies with the requirements of Seerion 408(q) of the Code and any regulations promülgared rhereun der (a "Deemed JRA"). The PJan shaJl estab]ish a separare account for the designared Deemed lRA contributions of each Employee and anv earnîngs properly aIJocabJe to the contributions, and maintain separate recordkeeping \vjth respect to each sucD Deemed IRA. 9.02 Voluntary Empìoyee Contributions: For purposes or this Article, 6 voiuntary enlúlovee contribution means âny contribution (other thana lTjand::nory contribution \vithin the' m~anjJ1g of Section 4 j 1 (c)(2) of the COGe) that is made b:v the Employee and v.rhich the 457 Plan and Trust: Document:' Employee has designated; at or prior to the time of making the contribution, as a contribution to wh]ch th]s Arncle apphes. ' e 9.03 Deemed IRA Trust Requirements: This Article shall satisfy the truSt requirement under Section 408(g) of the Code and the regulations thereto. IRAs esrablished pursuant to this AnicJe sha11 be held in one or more trusts or custodial accoums (the "Deemed 1RA T rusts"), which shall be separate from the Trust established under the Plan to hold contributions other than Deemed IRA contributions. The Deemed IRA Trusts shajj satisfv the applicabJe requirements of Sections 408 and 408A of the Code, which requirements are set fonh in section 9.05 and 9.06, respecriveJv, and shal1 be estabJished wÜh a trustee or custodia]') meeting the requirements of Section 408(a)(2) of the Code ("Deemed IRA Trustee"). To the extent that the assets of anI' Deemed IRAs established pursuant to this Article are held in a Deemed IRA Trust satisfving the requirements of this Section 9.03', sudl Deemeà IRA Trust~ aDO an); amendments thereto, is hereby aàopH~d as a trUSt J11aintained under this Plan with respect to the assets held therein, and the'p~ovisions of such Deemed 1M Trust shal1 contro] so ìong as any assets of any Deemed 1M are held thereunder. 9.04 Reporting Duties: The Deemed IRA Trustee shall be subiect to the reponing requirements 0.[ Secticn 4~8(i) of the Code with respect to aJj Deemed lRAs that are esrab]jshed and mamt2.mea under the Pian. 9.05 Deemed Traàitiona.l 1RA Requirements: Deemed lK'\s establjshed in the form of traditional lRAs shaJJ satd'" the following requiremem~: (a) Exdusj""é BenefJt. The Deemed 1M account shaD be estabjjshed for the excJusive benefit of an Empjc:7ee or hj5 or her Bene{jci8Jje5. . (b) JV1axjmum Annu2.] Contributions. () '¡ Except in the case of a rojjover cOf1Irjbutjon (as permitled bv Sections 402(c): 402(e)(6). 403(2)(4), 403(b)(8), 403(b)( j 0), 408(d)(3) and 457 (e)( j 6) of the C.ode): no contributions will be accepted unJess they are in cash: and the total of such contributions sha]] not exceed: $3,000 for anv taxable vear be2:inning in 2002 throu2:h 2004; $4.000 for an~' taxable ~'ear be;innin;;n 2005 throu;h 2007: and $5';000 for an)7 taxable )/ear beginning in 2008 and :;~ars ther~after. .After 200S, the Jimit wi]] be ad jusrea bv rhe Secman' of the T reasur)' for cost-of-living inCfwes under Section 2J 9(b) (5 )(C) of the Code. Such adjustments wi]] be in muj¡jples of 5500. (2) In (he case of an Empjoyee \\1ho is 50 or okìer~ the annuaJ cash contrjbutÎon ìîmit is increased by: $500 for anv taxable veal' beginning in 2002 through 2005; an¿ 5J.000 for ~nv t2x2bfe "ear beglnning In 2006 'nd~ve2rs thereafter. e (3) No contributions wjn be accepted unGer ¿ SHv1PLE lRA pJan established by any empJoyer pursuant to Section 408(p) of the Code. AJsa, no transfer Of ¡C. J C . . . 457 Plan and Trust: Document: rollover of funds attributable to contribu tions made by a particular employer under its SIMPLE IRA plan will be accepted from a SIMPLE IRA, that is, an IRA used in conjunction with a SIMPLE IRA pJan, prior to the expiration of the 2-year period beginning on the date the Employee fìrst participated in that employer's SIMPLE IRA p];¡n. (c) Collectibles. If the Deemed JRJ\ Trust acquires collectibles within the meaning of Section 408(m) of the Code after December 31. 1981. Deemed IRA Trust assets w'¡lI be treated as a distribution in an amount equal t~ the cost of such collectibles. (d) Life Insurance Contracts. No pan of the Deemed IRA Trust funds will be invested in life insurance contracts. (e) Minimum Reouired Djstrjbution~. (1) Notwithstanding any provision of this Deemed IRA to the contrary, the distribution of the Employee's interest in the account shall be mad~ in accordance wjth the reo~jr~ments of Section 408(a)(6) of the Code and the regulations t:hereund~r~ the provisions of vvhich are herein incorporated by reference. ]f distributions are madt from an annuity COntraCI purchased from an insurance company~ distributions thereunder must satisfv the requirements of Q&A-4 of section 1.401 (a) (9)-6T of the Temporary Income Tax Regulations, rather than pmgraphs (2), (3) and (4) below and sectjon 9.05(f). The reouired minimum distribUtions calculated for this IRA mav be withdrdwn from another IRA of the EmpJoyee jn accordance with Q&A~9 of section 1.408-8 of the Income T ax Regulations. (2) The entire value of tÌ1e account of the Employee for whose benefit the account is maintained wiD C0111menCe to be àjsujbuted no ]ater than the first dav of April following the calendar vear in which such EmpJoyee attains age 70-1/2 (the "required beeinning date") over the Ijfe of such Emplov;e or the lives of such Empl~vee an~d his or her Benefìciary. (3: The amount to be distributed each veaf. beginning \vith the caíendar year in which the Emplovee main's ag~ 70~J12 a~d conÓnuing through the year of death, shan not be less than the quotient obtainèd by dividine the value of the IRJ\ (as determined under section 9.05(1)(3)) as of the e;d of the preceding year by the distribution period in the Uniform Lifetime T abJe in Q&A-2 of section 1.401 (a) (9)·9 of the Income Tax ReguJations, using ¡he Employee's age as of his or her birthday in the year. However: if the Employee's so1e Beneficiary js his or her surviving spouse and such spouse is more than 10 years younger than the Enlployee, then the distribution period is determined under the Joint and Last Survivor T able in Q&A-3 of seerion ].401 (a)(9)-9 of the Jncome Tax Regulations, using the ages as of the EmpJoyee's and spouse's bj¡thdays jn the year. (4) The required minimum distribution for the year the Employee an:2ins age 70-1/2 can be made as late as April 1 or the foHov,Úng year. 19 457 pja.n and Trust Document The required minimum disujbmion for any mher year must be made bv the end of such year. e (f) Distribution DOOD Death. 0; Death On or After Reouired Beginning Date. If the Emplovee àie, . on or after tbe required begin"ning date. the remaining ponjon of his or her ]nteres~ \vi!! be distributed at least as rapidly as follov-'s: (Ai If the Benefìciarv is someone other than the Emplovee' s surviving spouse. tJ1é rernainÙ')2 jnrfresr wjJj be distributed over the rem;in'ing Efe expeCtancy 0'-[ the Denefìciary: with such Efe expect211cV GeféfITJlneò u5ing the Beneficia.ry's age as of hÚ or her '. -', .: r" ... (",,......,, bJfthoóy In IDe. year'ToJ1oWJng the year cr tht.' l:.mpjcyee s aeaUL or ever rhe period described in paragraph (])<C) be1cv\' jf longer. (B' If the Employee·s sole Benefìciary is the EmpJovee, sUfviviD£: spouse. t!1é remaining ÍrHereSt wiIi be àisrrjb\.ltfa (lye-r such spo'-~s~'~ li{~ or over the ?~riod oeEcribec in p::üagraph (1 )(C,~ belov\-' ¡fJonger. A.DV interest remaining ðfter such spouse's dfath 'NilI be ¿isrributeG over such spouse's rernóiniDf jjie expect<ìl1c:,' determined usjn2. the spouse's aQ("2S of his Or her birthday in tht year of the SDOUS~'S de;th. or. 1f\he disuibütions are bejJ1'£ made over the period oescribeò 'in }J2ragraph (1 ){C) be]ov'l~ ovel~ such penoe. (C if there is no beneficiary, or if app]j(öbie by oper;;rion of paragraph (1) or:(} )(B) 2DOve, "[he rem;;ining inlerest will be 1'" , '.,-, ' '. 1·r 01SUJDuleO over Ihe.t:.mpJoyee s remaJJ1JrJ2 Jue expectancy aetermined in the year óf the EJTIPJo:"te'sde;::nh. ' . e , . (D) The amount (,0 be distributed each ~\.'ear under paragraph (1 )(A): (E) or (C), beginning with the caiendar year follov\/ing the ca¡endar )'ear of tbe Enlployee'sdeath., is rhe quotient obtained by dividing the va]ue of the IRP~ as of the end of "(De preceàing year by the remajnjng Jjfe expectancy specifJed in such paragraph. Life expenancv is determined usjn2 the Sin21e Life Table in Q&A-l of section} ,4·0} (a)(9)-9 of [be In'-come Sj~gJE Ljfe Tax ReQuJatlons. . , '- '- If àisrriburlons are bein2 made to 2 survivln2 SDOUSé' as the soJe Beneflciarv.. such spouse's remaining-life expeCLancy for ;y~ar is the number jn the " SingJe Lìfe Tabie conespondin£ (0 such spouse's 2£é in (he \lear.in all oth~r cases, remaininz life eXDe~tanCv for ~ vta!' is I~je numbe'f in the SjngJe Life Tabie 'correspond'in£: to the Ben~ficíarv"s or ErrlpÎüvee's 22e in the ve.....ar specified in Dara~¡-aph (t)(Ai. (E') or (C) a~ci reduced b~' 1 for\..each . -' ,'-..,',. . , subsequent :veal', (2) Death Before ReQuired be2;nnjnQ Date, If the Empjovee dJes before , . - ~- -,. the required beginning c."ia¡:e., hjs or her entire interes"[ ìvilJ be djsrribuIéo at ¡east as f2-piòlv as fOnOV,'E: . 2C 457 Plan and Trust Document e (A) if the Beneficiary is someone other than the Employee's surviving spouse, the entire interest ,"",iB be distributed, starring by the end of the c"lendar year fo¡¡owing the calendar year of the Enlpioyee's death~ over 'the renlaining life expectan~); of the Beneficiarv, with such life expectancy determined using the age of the Benefì'ciary as of his or h~r birthday in tne year foll;,ving ~he year of the Emplovee's death, or, jf elected. in accordance with paragraph (2)(C) below. e (B) If the En1ployee's sole Beneficiary ]5 the Employee's surviving spouse~ the entire Înterest will be djsnibuteà, nartjn2: bv the end of the c~JendaJ year foJlo\vjng rhe c~jendar year of tne EmpJoyee's death (or by the end of the calendar Year in which the Employee H'~"¡;! L........~ ".-..,..;~...~...4 ",....'" ïn 1/"¡ ;C 1".."".\ ^",o,.. ..........h .-.....^" ",' 1;(.0 ,..... \'VVU1U l1C:\'\.. C:~~<;:'llH.U <:::t::,'- /v-;r.<-¡ lll<."tl.....l/¡ ·."-....·1 ,''-''''''. "r".n,S.... s "~'-¡ '-'J; if elected, in accordance with par"graph (2)(C) below. If the surv!vine: spouse dies before distriburions are reauired to begin. (be remaiDJ;;g 'interest vl"jl] be djsuibuted~ starring b)! the end otth~ ., J, )' . , 'T r hi, 1 h calenc.ar year .O,lO\;>.,'Jng tr1f cajenaar year or r espouse s Geat ~ over the spouse's Beneficiary's remaining life expeCtancy detern1ined using such beneficiary's age as of bis or her birthday in the year following the death of the spouse, or, jf elected, wi]] be distributed in accordance with paragraph (2)(C) beiow. If the surviving spouse " ~ l' .' . , . , . ... cues atrer QJ$UiDUIlOns are requITed ro begJ1î, any remaJnIng IntereSt will be distributed over the spouse's remaining life expectancy determined usin2 the sDouse's aQe as of his or her binhdav in the :'ear ofrhe SPOU$~'S de~th. '- . (C) If there is no Benefjciary. or jf applicabje by operation of paragraph (2)(A) or (2)(B) above~ the entire interest vvill be distributed bv the end of the calendar vear containjng the fifth anniversary ¿f the Beneficiary's death (or of the spou~e's death in the case of the survivin£:. spouse's death before distributions are required to begin unde~ p';¡ragraph (2)(B) above). , ' (D) The amount ro be disrributed each year under paragraph (2)(1\) or (B) is rllê auorient oDtaineà bv dividing the va]ue òf the JR.A. as of the end o(d¡t precedjng veaf "bv the re~ainlng J1fe expectancy specified in such paragr"aph. Ljfe expectancy1s determined using the Sii1Q]e Life T able in Q&A-] of section i.40 1 (a)(9)-9 o(the ìnco~e Tax Re!:!uiations. If distributions are being made ro a surviving spouse as ~he sole Beneficiary, such spouse's remaining life expectancv for a vear is the number in the Sjm;de Life Tabje ~orresp~nàing;o the Beneficiarv's age in the year ,pe~ified in para!:!raph (l)(AI 0; (B) and reduced bv ] ~for each' s~bsequent ~Iear."" . . . (E) The "value" of the lRj\ if¡cJudes rilt amount of any outstanding roi over: transfer and redì2racterization under Q&As. '7 and -8 of secr on } .408-& of the Income T Z\X Ref:uJations. , . 2] 457 Plan and Trust Document (F) If the sole Beneficiary is the Employee's surviving spouse, the spouse may elect to treat the IRA as his or her own IRA. Thjs elecTion will be deemed to have been made if such surviving spouse makes a contriburion to rhe IRA or fails to take requjred distributions as a Beneficiary. e (g) Nonforfeitable. The interest of an Employee in the balance in his or her Deemed IRA account is nonforfeitable at aH times. (h) Reponing. The Deemed IRA Trustee of a Deemed Tradi¡jonaJ IRA shaH furnish annual calendar-vear repons concerning the status of the Deemed IRA account and such information concerning required' minimum distributions as is prescribed bv the Commissioner oflnternal Revenue. (i) SubstiTUtion of Deemed IRA Trustee. If the Deemed IRA Trustee is a non- bank truStee or custodian: the non-bank trustee or cus{odjan shall substjtute another uustee or custodian if the non-bank uÙstee or custodian receives notice frorn thi Cornmissjoner ofJnterna] Revenue that such subsIirution is reouired because it has failed to comply with the requirements of section 1.408-2(e) of the I~come Tax Re¡:ulatiom. 9.06 Deemed Roth IRA Re<juirements: Deemed lRAs established in the form of Roth IRAs shall satisfy the following requirements: (a) Exclusive Benefit. The Deemed Roth lRA shall be established for the exclusjve benefit of an Employee or his or her Beneficiaries. e (b) Maximum Annual Contributions. (1) Maximum Permissible Amount. Except in the case of a qualified rollover contribution or a recharaCterization (as defined in (6) below), no contribution wjll be accepted unless it is jn cash and the rotal of such contributions to all the Employee's Roth IRAs for a taxable year does not exceed the appljcable amount (as defined jn (2) below), or the Emp]oyee's compensation (as defined in (8) below), jfless, for that taxable year. The contribution described in the previous semence that may not exceed the lesser of the applicable amount or the Employee's compensation is referred to as a "re£ujar contribution." A "aualjfied roHaver contribution" is a rollover c~nulbution that meets th'e requirements of section 408(d)(3) of the Code, except the one-roJJover-per-year ruJe of section 408(d)(3)(B) does not appJy if the rollover contribution is from an IRA other than a Roth JRA (a "nonRoth JRA"). Contributions may be limited under (3) through (5) below. e 22 e e e Filing S"[:;.tu~, Single or Head of Household J oint Return or Q~a1ifying \Xlj dower Married- Separate Return 457 Pian and Trust Document (2) A'ppiicabJe Amount. The applicabJe amount is determined under (A) or (B) bdow: (A) jf thê Employee is under age 50, the applicable amOUnT is -~ $'3,000 for any taxable year beginning in 2002 through 2004, $4,000 for an" taxable year beginning in 2005 through 2007 and $5.000 for an" taxable "ear beginnin£' in 2008 and "ears thereafter. . .,. ~ ~ . (B) jf the Emplovee is 50 oroloer, the applicable amoUnT js-- $3.500 for any taxable vear beeinnin£' in 2002 through 2004., $4·:500 for an~' taxabie ~'ear be;innin; in 2005; $5;000 for a~v taxable vear b'e£,inning "in 2006 throu'£'h 2007 and $6.000 for'anv taxable ~Iear beginnjng in 2008 and :1~ars rhereafrer. ' . /\.fter 2008, the ijmits in paragraph (2)(A) and (B) above will be adjusted by the SecreTarv of the T reasurv for cost~of-livjng increases under SecÜon 2] 9(b)(5)(C) of the Code. Such adjustments ~",ill be ir; multiples of $500. (3) Regular ConuibuÓon Llmit. ]f (A) andlor (B) below apply, the maximum reguiar conuibutjon that can be made TO all {he Employee's Rod1 lRAs for a taxabje vear is the smaller amOUnT determined under (A) or (B). The m2.Ximum reguhu contribution is pbased our ratably berween certain ]evels of modjfied adjusted gross income ("modjfìeà /lGi." defined in (7) beíow) in accordance with the following table: Full ConrÓburion Phase-out Range No Contribution $95,000 or íess Modified AGI Between $95,000 and $1] 0,000 or more $110,000 $] 50,000 or Jess Berweer; $150,000 and $160,000 $160,000 or more so Berween SO ar;d $] 0,000 or more $10,000 Jf rhe Emplovee', modified AGj for a taxabíe year is jn the phase- OUt ran£e. the maximUln re2uJar contribution determined under this t2ble 'for th'"_t taxabje ye~r is roundeà up to the next mulripje of.£ ¡ 0 and is nOt reduced beiow S200. - - /- 457 Plan and Trust Document (B) If the EmpJoyee makes regular contribu6ons to both Roth and nonRoth lRAs for a taxabie vear, the maximum reeuJar comribution that can be made t~ aH the Empìoyee's R;th IRAs for that taxabìe year is reduced by the reguJar contributiom made to the EmpJovee's nonRoth lRAs for the taxable year. e (4) Qualified Rollover Contribution Limit. A rollo\'er from a nonRoth 1RA cannot be made to rhis 1RA if, for the year rhe amount is distributed from the nonRoth IRA, (i) the Empldyee is married and fiJes a separate return, (ji) the, Empioyee is not married and has modified AGJ in excess of $100,000 or (iij) the Emplovee is married and together the Emplovee and the Emplovee's spouse have modified AGl in excess of $J 00,000. For, purposes of the" preceding sentence: a husband and wife are not treateò a~ m-:lrr;prl fAr') t')v<?hL=> ~P0r;f t¡'Þ~7 ].,,,,,p 1;"p"":¡ '1t'\.-.,.t" '1'1",,11 ,.;..,....p, ,..1"";""0 ..h"". ..,......~... ..... ... .....,,,".,,.... ......" '. .."....~ ""'''- p........... ~<t'.1.A' «c ,,~, "i"",' ""''''''<'''' '''''' taxable year and flJe s~parare re~urns for the r~xable year. ... (5) SIMPLE IRA Limits. No contributions will be accepted under" SJMPLE 1RA plan estabJished by anv employer pursuant to Section 408(pì of the Code. Aho. no transfer or roJlover of funds attributable to contributions made bv a particuìar emplover under its SIMPLE IR.I\ plan will be accepted from a SIMPLE JRA, that is, an lR;\. used in conjunction with a SIMPLE IRA pbn, prior ro rhe expiration of the 2-vear period begjnnjng on the date the Employee firs¡ participated in that empìover's SIMPLE JR.I\ plan. (6) Recnaracterizatior::. A reguiar contriburion to a nonRoth JR./\. rna:' be recharacrerized pursuant to the rules in section 1.408,1\-5 of the ]ncome Tax ReguJations as a regular contribution to this JRf\, subject to the limits in (3) above. e (7) ModjfJed AGJ. For purposes of (3) and (4) above, an EmpJoyee's modified AGl for a taxable year is defined in Section 408,1\(c)(3)(C)(j) of the Code and does nOt include any amount included in adjusted gross income as a resuh of a 1'0JJover from a nonRoth IRA (a "conversion"). (8) Compensation. For purposes of (J) above, compensation is defined as wages., salaries) professional fees, Or other amounts derived from or recejved for personal services aCTually rendered (incJudjng; but not IjmÙed to commÜ,sions paid saiesmen, compensation for services on the basis of a percentage of profits, cOlT11nlssions on insurance premiums) tips, and bonuses) and includes earned income, as defined in Section 401 (c)(2) of the Code (reduced by the deduction the self-employed individual takes for contributions made to a self-empìoyed retirement pian). For purposes of this definition, Section 401 (c)(2) of the Code shaJJ be appljed as if the term trade or business for purooses of section J 402 induded service described in subsection (c)(6). Co'mp~nsation does not include amounts derived from or received as earninQs OT profits from properl)l (incJudine bur nor limited to interest and djvìd;ncs') 'or amounts ~ot -ind·udibje in 2:~OSS income. Conlpensation also do'es not include any amount received as 2 pension or annuity or as deferred COnl?ensarjon. T·te term "compensation-" shalJ e 2~· e e . 457 Plan and Trust Document include aI1Y amount includible in the Employee's gross income under Section 71 of the Code with respect to a divorce or separation instrument described in subparagraph (A) of Section 71 (b)(2) of the Code. In the case of a married Employee filing a joint return, the greater compensation of his or her spouse is treated as his or her own compensation, but only to the extent that such spouse's compensation is nOt being used for purposes of the spouse making a contribution to a Roth IRA or a deductible contribution to a nonRoth 1RA. (c) Collectibles.]f the Deemed IRA Trust acauires collectibles within the meaning of Sec,;on 408(m) of the Code after Dece¡nber 31, 1981, Deemed IRA Trust assets will be treated as a distribution in an amount equal ro the cost of such collectibles. (d) Life Insurance Contracts. No pan of the Deemed 1RA Trust funds will be invested in 1jfe insuranceconrrac(s. (e) Distributions Before Death. No amount is required to be distributed prior to the death of the Empiovee for whose benefit the account was origi,n]jy est~bJished. (f¡ Minimum Reouired Distributions. (1) NOl\~ljths{anding any provision of this IRA to the contrary~ the distribution of the Emplovee's interest in the account shalJ be made in accordance wjth the reguirements of Section 408(a)(6) of the Code, as moditîed bv section 408A(c)(5). ana the reQula,;ons thereunder. the . . ~ . provisions of which are herein incorporated by reference. If distributions are 1 r . , , r . mace nom ;;f:¡ annUJry contraCt Furchaseo tram an JJ1surance company~ disujbutions thereunder must satisfl' the requirements of secrjon 1.40] (a)(9)- 6T of the T emporarv Income Tax ReQulations (takinQ into account Section 408A(c)(S) of the C~de), rather than ~he aistribution"rules in paragraphs (2), (3) and (4) bdew. (2) Upon the death of the Emplovee, his or her entire interest will be distributed at ieast as rapidIy as fol1o"';$: (A' If the Beneficiary is Someone other than the Employee's surviving spouse: the entire interest will be distributed~ starting by the end of the calendar veal' foliowinQ the calendar Veal' of the Empiovee's òeath) over 'the remainin~ life expectan~v of the Be~elì~iary, with such life expectanc~ òeter";ined u;jng the age of the beneficiary as ofh;s or her bjnhday in rhe year foJJowing the year of the Employee's death, or, jf elected, in accordance with paragraph (2)(C) beJow. (B) If the EmpJoyee's sole Beneficiary is the Employee's surviving spouse~ the entire interest \\']11 be distributeò, starting by the end of the calendar veal' foHowing the calendar vear of the EmD1oyee's death (or b\'~ the end of the ca]endar ve~r in \vhich the EmpjO)7ee \vouJd h2ve ;nained age 70-1/2) iflat~r)1 over such spouse's Jjfe:_ OL if elected: in ctccordance with paragraph (2)(C) 'i~ 457 Plan and Trust Document beJow. Jf ¡he surviving spouse dies before disrributions are requjred to begj¡¡, rhe remainj¡¡g imeresr wil! be disr¡jbured, srani¡¡g bv rhe end o~f rhe cajen¿ar ve;r fo1Jowing the caiendar vear of ¡he ~p¿uses death: over the spouse's Beneficiary's remaining life expectanc:' derermined using such Beneficiarv's age as of his or her binhdav in the year followi¡¡g rhe dearh of rhe spouse, or, if e1ecred, will be djsrtibured in accordance wirh paragraph (2)(C)below. If the surviving spouse dies after distributions,are required to begin. any remajnlfHz lnreresr wiJ] be dlsrrjbured over the spouse's ren12ìnjng Efe expec~ancy determined using the spouse's age as ofhjs or her'- bjnhday in rhe vear of rhe $Douse's death. '. ,. j e IC) If there is no 13eneficiar.', or if applicable by operation of DaraeraDh (2)IA) or (2)m) above, rhe emire imeresr will be disrr¡b~ted bv rhe end of the calendar vear containing the fifth anniversary ¿f rhe Empiovee's dearh (¿; of the spous~'s dearh in the case of the survivin!2: spouse's death before distributions 12ft reouireG to begin under par;gr~ph (2)(B) above). J (D) The anl0Unt to be àisuiDuted tad) :,ear under parasrapJ-; (2)(A) or Œ) is the ouotienr obrained bv dividine the vaiue of th, IRA as of the end of rhe preceding vear'by rhe re'Jmining lif, expectancy specified in s~ch paragr~ph. Life expectanc)~ i~ aetermineà usinQ [he SinQJe Life T abìe in Q&A- j of sectJor; 1.401 (a)(9)-9 o(rhe Jnco;:"'e Tax Reguiations. ]f distributions ate being m8ce TO a surviving" SPOUSé as the sole Beneficiarv. such spou~<:.e's remaining life e~p~ct2.ncv for 2 vear is the nu~ber in d1f Sinsde Life T able ~orresp¿nòinQ;o such"spouse's 22e in the vear. bJ al1 ~ther C8ses. renlainin£ life e~DeCTancv for a vear'""is the nU~1ber in t1;e SingJe Lif~ Table co;responding to ~he BeJ~efìciary's age in the year specified in paragraph (2)(A) or (E) and reduced bv 1 for each subsequent vear. . (3) The "value" of the 1RA indudes the amount of anv outsranding roHaver, uansfer and recharacterization under Q&As-ï and -8 of section 1.408-8 of the Income Tax Regulations. (4) If the sole Benefìcjary is the ErnpJo)/ee's surviving spouse~ the spouse mav eject to treat the IRA as his or her own IRA. This election will be òe~med to have been fDade if such survlving spouse makes a contribution to the IRA or fails to take required distributions as a. Benefìciarv. t..gJ NonforfeitabJe. The Ínterest of an Empjoyee in the balance in his or her accounr is nonforfeitabie at aj] times. (h) Reponing. The Deemed IRA T fUsree of a Deemed Rorh IRA sha]] furnish annual caJendar-vear reports conCernlng the 5tarus of the DeeIned JRA. éìccOUnt and such information co"ncerni;i2 reouired minirnum distributions as js prescribed bv the Commissioner ofImerna] Reven~ue. ' -. . 16 . e . 457 pJan and Trust Document (i) SubstituÜonof Deemed ]M Trustee. ]f the Deemed ]RA Trustee is a non-bank trustee or custodian, the non-bank trustee or custodian shall subsÜtute another trustee or custodjan if the non-bank trustee or custodian receives notice !Tom the Commissioner oflntemal Revenue that such substitution is reouired because it has failed to comp])' wj¡h the reguiremenrs of section ] .408-2 (e) of [he ]~come Tax ReguJations. Article X. Non-Assignability ] 0.0] General: Except as provided in Article Vl1] and Section] 0.02. no Participant or Beneficiar)' shall have an)' right to commute, seH, assign, pJedgé, transfer or otherwise convey or encumber the right to receive any paymeI1tshereujlder~ v.'hich payments and rights are expressly dedared to be non-fi$sjgnable and Bon-transferable. ]0.02 Domestic Relations Orders: (a) AJlowance of Transfers: To the extent reouired under a final judgment, decree, or order (induding approvaí' of a property settlement agreenlent) that (j) relates to the provision or chjjd suppon:~ alimony payments~ or marjtal property right~ and OJ) is made pursuant to 8. Slate Ò0111estìc reJations la\v, and (iij) is permitted under Sections 4 j 4(p)(J 1) and (12) of the Code, any portion of a Participant's Account ma)' be pajd or set aside for payment to a spouse, fornler spouse, child, or other dependent of the Participant (an "AJternate Pavee"). \X·1}¡ere necessary to carr\' out the terms of such an order, a separate Account sha]] be established wj¡h respect to the ...6Jrern2tt Payee VI'00 shalj -be erltirJed to make inveStJ11enr selections '\vjtD res peer thereto ijJ rJlt S2:me JnaDJ)er 2S tne PanjÒp2J1L Anv amount so set aside fa; an J6Jrern::ne ra~'ee shaH be paid in accoroan¿e \virh th~ form and timing of DGVjTrent sDEófjeo in the oroer. J\;Orlljn2 jn th15 Seerian sha1J be construed to aU~]1~rj2e an\~ amount to be distributed under the PJan at a time or in a formrhar is nor permitted under Section 457(bì of the Code and is expJicid)' permined under the unjfonr¡ proceòures òescribed in Section 1 0.2(d) beJow. Anv pavment J11ade TO a person p~rsuan( to this Section shall be reduced by any requ~ired¡ income tax withholding. (b) Release from Liabilir\' to Participant: The Empiover's liability to pa)' benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for pa)'ment to an Ahernate Payee to paragraph (a) of [his Section and the Participant and his or her Beneficiaries shall be deemed to have released the Elnplo"yer and the Plan Jl\dmjnìsuaror from any cJaim \7>,71th respect to such arnounts. (c) Participa¡jon in Le£ai Proceedin¡,s: The Empjover and Administrator shall not be obl[g2reò to def~'nd ag:ainst 0; set aside an'" i~Q¡;~ement) decree, or oràer òescrib~¿ in par;:;.£raph (;) or anv le2:al order 'r~]atj;;g to the 2:arnjshmenr of a Panjcipam's·ben~fit;. uniess the' full expense of sucl~ Jegal a';ion is borne by the Panicipant. In the event that the Participant's action (or inaction) nonetheless Causes the EmpJo)'er or AdminjstraTOr to jncur such expense, the amounr of the expense roav be char2:ed a2:aÌnst the Participant's Account and thereby reduce the E~pjoyer's 'obJig2rio; to pay benef-lts to rl{e Parrjcipant. 1n the cour;e of any ;..f 457 Plan and Trust Document proceeding relating to divorce, separation, or child suPPOrt, the Employer and Administrator shall be authorized to disdose information relating to the Partidpanr's Account ro the }jternate Pavee (jncJuding the legal represenratives of the i\J¡ernare Payee). or to a court. . . . (d) Determination ofVaIiditv of Domestic Relations Grdm: The Administrator sha1l estabJish uniForm p;ocedures for determining the validit'}' of any domestic relations order. The Administrator's determinations under such procedures shall be conclusive and binding on all parties and shall be afforded the maximum amount of deference permitted by law. Article Xl. Relation'ship to other Plans and Empio)'ment Agreements Thi~. PÍ3n ::.e;ve~, in 3ddition to an\' other retiren1ent\ !JEDS!On, or benefit plan or s'Vstenl presently in existence or hereinaft~r established for th~ benefit of the Employer's ~mplovees. and participation hereunder shan not affect benefìts receivabje u'nder an~' such plan or sYSttJTi. Nothing contained in this Plan shaH be deemed to constitute an employrnem contract or agreement between 2-D)' Participant and the Empicyer or to give any Participant the ¡jght to be retained in the empJov of the EmpJover. Nor shaJj anVthj¡lg herein bé construed to Inodj~, '[he tenTIS of any empÌoyment contract or agreement between ~ Partidpant and the EmpJoyer. Artide Xli. Amendment' or T ermjna¡jon of P1an The EmpJover mav at any time amend this Plan provided that it transmits such amendment in ,"'riling: TO the Adminjsuator at ieast 30 davs prior to the effective date of the amendrnenl. The consCent of the Administrator shaJj not b~ r~quired in order for such amendment to become effectìve~ but the Administrator shail be unGer no obJis:ation to continue acting as AdmÜ"lisU2TOr hereunder jf it disapproves of such amenanlenl."- ... . The AdmÜljstraror may at any Óme propose an aJl1endnlênt to the pjan by an jnsuument jn writing transmitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective uniess, within such 30-da)' period, the Employer notifJes the Aèminisu2tor in ,vriting theH it àisapproves sudl arDendment, in which case such amendment shaJJ not become effective. In the eVent of such disapprovaJ, the Administrator shalJ be under no obìig2tion to continue acting as Administrator hereunder. The EmpJover mav at anv time terminate this Pian. 1n the eVent of tennination, assets of the Plan shaJJ be distributed to Participants and Beneficiarjes as soon as administratively practicàbie foiJowing termination of the Pian. AJternativeiy, assets of the Plan may be transferred to an eligibie deferred compensation plan maintained bv another eligible governmental employer within the same State if (i) a1l assets held bv the Plan (other than Deemed lRAs) are transferred; (ii) the receivjng pian provides for the receipt of transfers; (iii) the Participants and Beneficiaries ,!>"hose deferred amounts are being transferred will have an amount immediateJy after the transfer at ieast eoual to the deferred amOunt immediateJv before the transfer; ~nd (iv) the Participants or ÉenefJciarjes whose deferred amounts ar~ being uansferred js not eJjgjbje fer additionaJ annual deferrals jn the PJ2n unJess the Partf~ipants or Benefjciari~s are performing servlces for the employer ITJaÏntainjng the receiving plan. . ^Ç ¿(: e e . 457 Plan and Trust Document Except as may be required to maimain the Stams of the Plan as an eligible deferred compensation plan under Section 457(b) of the Code or to comply with other applicable laws: no amendment or termjnatjon of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendmem or termination. Article XlII. Applicable Law This Plan 2nd Trust shaH be consTrued under the laws of the state where the Employer is located and is established with the intent that it meet the reouirements of an "eli2ible deferred compensation plan" under Section 457(b) of the C~de, 2S amended. The proyisions of this Plan and Trust shajJ be jmerpreted wherever possible in conformitv with the requirements of that Section of the Code. ]n addition, notwithstanding any provision of the Plan to the contrary, the Plan sha11 be 2òministered in compliance with the requirements of Section .414(u) of the Code. Article XIV. Gender and Number The masculine pronoun: whenever useò herein; shall indude the feminine pronoun~ and the singular shall incJude the plural: except where the context requires Qthenvise. ')C -, 457 Plan and.Trust Document e THIS PAGE INTENTIONALLY LEFT BLANK e tit 30 e e e 457 Plan and Trust Document DECLARATION OF 'TRUST This Deciaration of Trust (the" Group Trust Agreement") is made as of the 19th day of' May, 200 i, bv VantageT ruSt Company, which declares itself to be the sole Trustee of the trust herebv created. \WHEREAS, the iClv1A Retij'ement Trust was created as a vehicle for the commingling of 1 r 1 1; ", . , ., l' ,.... . ^. ^' ,,'" r (f;t á$$el~ ur ¡¿üverDmeDTâ¡ plâns aDO 2:0verrÚì1eD\:âl UnitS GescrmeG H1 :::'tction ð 1 ö,ajl.<Jj OJ the Interna] Revenue Code of i 986, ;s amended, pursuant to a' Declaration of Trust dated October 4, 1982, as wbseguentiv amended, a copv of which is attached hereto 'Ind incorporated by reference as set out beiow (the "lC!vlA Declaration "); and \xI}JEREAS, the truST created hereunder (¡he "Group Trust") is intended to meet the reauirements of Revenue Ruline 81-100. j 981- j G.B. 326. and is established as a common t[~st fund within the meaning ~f Section 39J:i of Tide 3S'of the New Hampshire Revised Statutes Annotated, to accept and hold for jnvestment purposes the assets of the Deferred Compensation and QuaJjlled Plans heki by and through the JCWJ.A RetiremenrTrust. NO\V THEREFORE, the Group T rusr is created bv the execution of this Declaration of TruST by d~Je Trustee and is fSt2blished \vjth respect t~ each Deferred COJnpensation and Qualified Phn bv the transfer to the T rusree of such Plan's assets in the lCJ\1A Retirement T rust. tv the T r~$tees thereof in accord \\lith the followjng provisions: . . . v. ,. Incorpora¡jon of JC1VL", Deci2ration bv Reference: ICMA By-Laws. Except as otherwise provided in this Group Trust A2reement, and to the extent not jnconsiste~t herewith~ all pruvisï'ons of the" I CMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group T rust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. 1n this respect) unJess the context dearly indicates otheI\vise, ali capitalized terms used herein and defined in the ICMA Declaration have the meanings assiQneo to {hem: in {he 1CJ\1A Declaration. In addjtion. the By~Laws of the I (:1\1/\ Retirement Trust. as the sanle may be amended fro~ rjme-~o-tîme, are adopted as the Bv- Laws of the Group Trust to the extent nOt inconsistent with the terms of this Group Trust Agreement. Norwirhstandine the fore£oif1£. the terms of the ICt,1A Declaration and By-Laws are further modilleò with'respect to the Group Trust created hereunder, a; foliows: (a) any reponing) dislribution~ or other obligation of the Group Trust vis~à-vjs any Deferreò Compensation Pjan: QuaJifJed Plan~ Public EmpJoveT, Pubhc Emp!over Trusree, or EmpJoyer Trust shaJJ be deemed satisfied 1:0 the extent th~H such obJigation is unàenaken by -- 457 Plan and Trust Document (b) the JCMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ]CJ\1A Retirement Trust); and e (b) all provisions dealing with the numbet, quaIification, election, term and nomination ofTruscees shall noc apply, and all ocher provisions relatinS' ro trustees (including, but not limited ro, resjgnarion and remov;]) shaJJ be interpretelin a manner consistent ';;ith the appointment of a single corporate trustee. 2. Compliance with Revenue Proced,ure 81-100. The requirements of Revenue Procedure 8]-]00 are applicable to the Group Trust as follows: (2) Pursuant to the terms of this Group Trust Agreemem and Article X ~{" .Le '0.. 1 ~...- :_.....,,:..........€>......;..... ...1..,0 r:-..r>\,..... T..,,<:,'t ;.. ¡;,..,..,;'tPrf Tn ')npt<: r.( U1 lIi. .L'."-.l...'d.\A{;:'~ ll~"""~,UJH..,l1l !JJ Ul....· '.:;l....'.V ~ . ........'c h, u,............. ... ~~~_.y ~. Deferred Compensacion and Qualified Plans, investing thtough rhe J CJ\1A Retirement Trust. (b) Pursu2m to the By-Laws, the Group Trust is adop,ed as a part of each QuaEfied Plan ,ha, invests herein through the 1CJ\1A Retiremem Trusr. (c) ]n accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs ro any Deferred Compensation and QuaJifìed Pian may nor be used for or diverred to any purposes ocher than for the exclusive benefì, of the Plan's emplovees or their beneficiaries who are'entitled to benefìts under such Plan. e (d) ]n accord with the By-Ldws, no Deferred Compensation Pian or Qualified Plan n1ay assign any or pan of its equiry or interest in the Group Trust.. and any purponed assignment of sucn equiTY or imerest shall be void. 3. Governing Law. Except as otherwise required by federal, state or Joca]]aw, this Declaration of Trust (indudjng the 1 CM.!\. Declararion ro rhe extent incorporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with appEcabJe Jaws of the S,a,e of New Hampshire. 4. ]udjÓaJ Proceedings. The Trustee may at an)' time initia,e an aCtion or proceeding in ,he appropriaœ s,ate or federal courts wi,hin or omside ,he state of New Hampshire for ,he setdement of its accounts Ot for ,he de,ermina,ion of any question of conStruCtion \vhich may arise or for ÍnstrUC1:Îons. e "~ ')L e e e 457 Plan and Trust Document IN 'WITNESS \VrlEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above vI,rrjtten. VANTAGETRUST COMPAN':{ e ," _.~~.~ .... ::~~'-L ' E\': l,\:'1Jr¡e" J;-:¡U! F G,]i""a"he·· , o..! . ~ c;. . _. '" j""\:,, , Tide: Assistant Secreta~\ e e ICMA RETIREMENT CORPORATION ICMA Retirement Corporation Attention: New Business Anaiyst 7ïï North Capitol Street NE Washington, DC 20002-4240 wW\f\/.icmarc.org e SKï571-010-20031 ~ íi; _,C. ¡ SARATOGA CITY COUNCIL . MEETING DATE: January 21, 2004 AGENDA ITEM: CITY MANAGER: O~~/ ZL ORIGINATING DEPT: City Manager's Office ---, PREPARED BY: (. \\/-¡C ( \/\ " .. .", \ ' Cathleen Bover. Citv derk DEPT HEAD: SUBJECT: Ordinance Amending the Saratoga City Code Concerning Processing of Tort Claims . RECOMMENDED ACTION: Adopt ordinance. REPORT SUMMARY: At it's January 7,2004 meeting the City Council introduced and waived the first reading of an ordinance to amending the Saratoga City Code concerning processing of tort claims. Also, the City Council directed staff to place the proposed amendment on the consent calendar for the next regular Council meeting for adoption. . FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None ALTERNATIVE ACTION: The City Council could decide not to adopt the proposed amendment. FOLLOW UP ACTION: City Clerk to public ordinance in Saratoga News. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: . Attachment A- Ordinance . ..- ORDINANCE . AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PROCESSING OF TORT CLAIMS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Government Code section 935.4 allows cities and other public entities, by ordinance or resolution, to authorize a public emplòyee to process tort claims filed against the City that seek $50,000 or less. B. The City wishes to take advantage of the administrative efficiency that wiIl result from . allowing City staffto process tort claims seeking damages less than $3,000. C. This ordinance amends the City Code to provide that the City Manager, with the concurrence of the City Attorney, may alJow, compromise, settle, or deny a claim that does not exceed $3,000. Section 2. Adoption. The Saratoga City Code is hereby amended by adding Section 2-50.020, to read as set forth below: . 2-50.020 Processing of Claims Against City. The City Manager, with the concurrence of the City Attorney, shalJ be authorized to accept, settle or reject, without prior approval of the Council, claims against the City that falJ under Division 3.6 of Title 1 ofthe Government Code or section 2-50.010 of the Saratoga City Code, provided that no allowance, compromise or settlement shall exceed three thousand dollars. Upon the written order ofthe City Manager and written concurrence of the City Attorney, the Finance Director shall cause to be issued a warrant upon the treasury of the City in the amount for which a claim has been alJowed, compromised or settled. The City Council shall be notified within 10 days of the acceptance or rejection of any claim pursuant to this section and within 10 days of the c1airnant's acceptance of any settlement proposed pursuant to this section. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any . 1 Ordinance No. e e e ." . .~ section, sub"section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting ofthe City Council of the City of Saratoga held on the 7th day of January, 2004, and was adopted by the following vote following a second reading on the 21st day of January 2004: AYES: NOES: ABSENT: Ann Waltonsmith MAYOR, CITY OF SARATOGA, CALIFORNIA , ' ATTEST: Cathleen Boyer CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY 2 Ordinance No. · · · SARA TOGA CITY COUNCIL MEETING DATE: o January 21, 2004 ORIGINATING DEPT: C,ômmunity Development AGENDA ITEM: CITY MANAGER: O.-.:7~~ r-~ PREPARED BY: John F. Livingstone AICP j1lDEPT HEAD: SUBJECT: Expand the City of Saratoga's Urban Service Area Boundary to include two new parcels, APN 503-48-029 and. APN 503-48-028. The area has already been Prezòned as a Residential Open Space District (ROS) and has the General Plan Designation of Hillside Open Space. BACKGROUND The Council directed staff to proceed with the proposed expansion of the City's Urban Service Boundary to the area near Hakone Gardens that inc1udes the Britton and English properties. When Staff started this project it appeared that the General Plan would need to be amended and a Negative Dec]aration would be required. This needs to be done almost a month before the Planning Commission meeting. While preparing the staff report for the Planning Commission meeting staff found a single paragraph in the General Plan Land Use Element that provides the area with an appropriate General P1an designation that was not illustrated on our General Plan Map. Staff amended the staff report but the noticing referring to the General Plan Amendment and Negative Declaration had already gone out weeks earlier. At the Planning Commission meeting one of the property owners of the proposed Urban Service Area Boundary Expansion area expressed concerns with the noticing. In response to this the Planning Commission continued the item to the next Planning Commission meeting of January 28, 2004 to allow the item to be renoticed. This requires the City Council to continue the meeting on the Urban Service Area Expansion that was scheduled for January 21,2004. RECOMMENDED ACTION Staff recommends that this item be opened for public comment to allow members of the public to speak on the subject, then close the public hearing and continue the item to a date uncertain as which time the project will be renoticed for a new public hearing. e e . I SARATOGA CITY COUNCIL MEETING DATE: January 21, 2004 L\ CITY MANAGER: ¿::7 J ~ DEPT HEAD: ~QfrL 61J~~~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone SUBJECT: Comer Debris Basin Modification Project Update RECOMMENDED ACTION(S): Accept report and provide input to the Santa Clara Valley Water District regarding the Comer Debris Basin Modification Project. REPORT SUMMARY: Santa Clara Valley Water District (SCVWD) staff will report on the status of the Comer Debris Basin Modification Project. Attached to the City Council report is background information regarding the project, which includes a summary report update from District staff, an executive summary from the Comer Debris Basin Engineering Feasibility Study, City staff report dated March 6, 2002, and minutes from the March 6, 2002, City Council meeting. A notice of tonight's meeting was prepared by City staff and distributed to area residents (see attached letter and mailing distribution area). Background In 1973, the Comer Debris Basin was constmcted to assist the District in maintaining the Calabzas Creek Charmel capacity for high winter flows. Although the basin worked effectively to impound sediment, there may have been downstream impacts. The current need of the debris basin is questionable because the upstream quarries, which contributed to most of the sedimentation, are no longer in operation. The Comer Debris Basin Modification Project is a study to determine the impact of the basin on the creek and watershed, and the potential impacts of removing the basin. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impacts, and whether the removal of the debris basin benefits the watershed. FISCAL IMPACTS: . None identified. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Depends on the City Councils direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. . ATTACHMENTS: , ' 1. Report sunrmary update from District staff. 2. Executive sunrmary from the Comer Debris Basin Engineering Feasibility. 3. City staff report dated March 6,2002. 4. Minutes :from the March 6, 2003, City Council meeting. 5. Packet of information from Saratoga Resident Bob Wallace, which includes project cost information and letter from the Sierra Club. 6. Notice to Residents. . 20f2 . e . Attachment 1 COMER DEBRIS BASIN PROJECT UPDATE Introduction In 1973, the District constructed the Comer Debris Basin, just downstream (northerly) of Comer Drive on Calabazas Creek in the City of Saratoga. Its purpose was to intercept sediment from the upper watershed to prevent excessive sedimentation downstream. The debris basin was created by installing a 12-foot-high dam, 300 feet downstream of the Comer Drive Bridge. The basin was maintained by removal of accumulated sediments until 1992. It had been observed that the stream below the dam waq degrading (losing bottom sediments and lowering in elevation) because of the removal upstream sediments by the debris basin. This creates a condition in which high energy water erodes the creek bottom and is unable to replace the eroded material with sediments carried from the upper stream. Since 1992, sediments have been filling up the debris basin until the basin was filled. Currently, water and sediments pass over the dam unhindered, and the stream bottom has now essentially stabilized. The sediment has filled the basin to an extent that the design clearance between channel bottom and the bottom of the Comer Drive bridge has been reduced from 10 feet to 4 feet. In a 1% flood event, it is expected that flood waters would flow over the Comer Drive bridge and some flooding upstream would occur, not endangering existing structures but affecting property access. Project Background The District was requested to investigate the feasibility of removing the Comer Debris Basin. In 2002, the District completed an engineering feasibility study consisting of the existing conditions of the basin, its impact on Calabazas Creek, and the potential impact of the removal of the dam. The District held two public meetings (August 21 and December 10, 2001) and made a presentation to the Saratoga City Council on March 6, 2002. The Council heard a report on the feasibility study at its March 2002 meeting and took no action on the project. The District is designing a flood protection project on Calabazas Creek stretching from Miller Avenue to Wardell Road. Although this project will not reach to the vicinity of the debris basin data-gathering for the project (for example, soil borings, surveying) will include that area. Feasibility Study, April 18, 2002 Four alternatives for modifying the debris basin were presented in the feasibility study: Alternative 1-00 nothing. Alternative 2-Remove the dam and wing walls; grade channel in a uniform slope for 1300 feet upstream of Comer Drive. Alternative 3-Remove dam and wingwalls; grade a slope from 500 feet upstream of Comer Drive; and construct a stepped channel to create small falls and pools. Alternative 4-Remove only the upper 3 feet of the dam's headwall and leave the wingwalls in place; grade a slope from 50 feet upstream of Comer Drive to the headwall; and construct a single step in the channel to match the existing channel bed. Considering Alternatives 2, 3, and 4: Alternatives 2 and 3 significantly improve flood conveyance at the bridge and improve aesthetics. None of the 3 alternatives significantly alters sediment transport, and all 3 increase habitat. None of the 3 alternatives significantly impacts sensitive species habitat. Preliminary estimates of costs are: Desiqn and construction e Alternative 2, Alternative 3 Alternative 4 $1.25M $ 89dK $ 590K Annual operations and maintenance $14.5K $ 20K $14.5K e . ~'. L..,lf' r--...... e Attachment 2 Kennedy/Jenks Consultants 2191 East BayshQre Road, Suite 200 Palo Alto, CA 94303 650-852-2800 650-856-8527 (Fax) e Comer Debris Basin Engineering Feasibility Study Final Report 18 April 2002 ¡ l Prepared fOT Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3686 e KlJ Project No. 015014.00 ..-...........,.. .........'. .' ... .. ........._- .~_.- .........-........ ,. "'. -.....-. ~"~~.'. ,,;....; Jan 14 04 04:211' f"-'" '."'.' Section 1: EXECUTIVE SUMMARY e 1.1 Project Background The Comer Debris Basin is located on CalabazasCreek in Santa Clara County, as 'shown on· Figure 1.1. The Santa Clara Valley Water District (.District) constructed th~ basin in 1973 as a sediment collection facility consisting of a 12-foot high dam located approximately 300 feet downstream of the Comer Drive bridge. The basin operated as a debris removal facility until 1992, when the District ceased maintenance operations to remove accumulated debris. The basin was allowed to fill after 1992, resulting in a reduction of clearance between the channel bottom and the Comer Drive bridge from to feet to approximately 4 feet. Currently, the basin is characterized by an exposed surface of coarse sediment and little vegetation; debris and sediment flow through the basin and continue downstreàm. This project was initiated by the District's West Watershed Operations Di~ision at the request of the North Central Zone Advisory Committee and a member of the City of Saratoga City Council. 1.2 Project Objective and Scope of Work The scope of work is to conduct a preliminary evaluation of existing conditions at the Comer Debris Basin along with three additional basin modification/removal alternatives to assess hydraulic, sediment transport, environmental, and aesthetic impacts of these alternatives on .. Cafabazas Creek. ., The objective of the Comer Debris Basin Engineering Feasibility Study is as follows: . Evaluate the feasibility of removing/modifying the basin. The District anticipates that the feasibility study is to be part of the development of a long-term plan for the watershed. The feasibility study is needed to ensure that the watershed plan includes information regarding the effects of the basin on sedimentation, envÎronmental restoration, environmental enhancements, maintenance requirements, and repair of facilities. 1.3 Alternatives Considered The study evaluated the tollowing alternatives: Alternative t - Existing conditions are included for evaluatiol) of a "no action" alternative. Alternative 2 - This alternative involves removing the entire concrete basin dam and wingwalls. Restoration would involve excavating existing basin sediment to establish a uniform stream channel slope to a distance of approximately 1,300 feet upstream of the Comer Drive bridge. e Final Report. Comer Debris Basin Feasibility Study P:\01\Ð1S014.00\dallvora.ÞJeWØPDIt\!in&J.lpLdOC Page 1 Jan 14 04 04:21p -~- WARDELL ROAD BRIDGE . ., ~ k I·.... I , ~", I ~ ~_. i e SC~LE:I·;2100· SOURCE: AAA SUNNYVALE MAP 199B Kennedy/Jenks Consultan\ S¡\NT¡\ CL¡\R¡\ V¡\LLEY W¡\TER DISTRIC COMER DEBRIS B¡\S; FEASIBILITY STUD LOCA TIOH MA K/J 015014.C FES 20C FIGURE 1 . ~an J..- U'"t u'"t:C:.1p 1-· - Alternative 3 _ This alternative also involves removing the entire basin dam and. wingwalls. . Ex'sting basin sediment would be excavated to construct a stream channel profile that would be "st~pped" to form shallow pools and small falls. Excav~tion of channel sediments would extend approximately 500 leet upstream of the Comer Dnve bndge. Alternative 4 _ This alternative involves removing the upper 3 fee.t of the basin dam headwall and leaving the existing retaining walls. Existing basin sediment would be excavated to a de'pth 3 teet below the existing basin surface elevation; sediment excavation would extend approximately SO feet upstream of the Comer Drive bridge, where a channel step would be constructed upstream of Comer Drive to match to the existing channel bed. Channel stabilization and revegetation would be conducted using the same methods and materials specified for Alternatives 2 and 3. 1.4 Evaluation A comparative evaluation of basin removal/modification alternatives and' existing conditions was conducted to assess whether removing or modifying the basin would constitute a benefit to the District. The evaluation of aiternatives was conducted using the following steps: · Deveiop a set of constraints, which will dictate evaluation criteria for comparing three alternatives to existing conditions. · Assess the qualitative impacts to environmental, biological, and aesthetic factors resulting from removal or modification of the basin. · Conduct screening level modeling ot hydraulics and the sediment transport regime to identify potential impacts to flood conveyance capacity andlor sediment transport characteristics resulting from the removal or modification of the basin. e 1.5 Project Results The study results indicate the following: · Sensitive species habitats were not observed in the immediate vicinity of the Comer Debris Basin. . · If an alternative to existilìg conditions (i.e., to no action) is selected, there is a need for wetlends delineation as part at any future design effort. · Impacts to habitat and the surrounding neighbors will be short-term and limited to the construction period. The impacts from Alternative 2 will be substantially greater than for Alternatives 3 and 4, since construction must proceed approximately 1,300 feet upstream of the Comer Drive bridge. Alternative 3 will result in construction impacts up to SOD feet upstream of Comer Drive, and Alternative 4 wili result in construction disturbance between 50 and 100 feet upstream of the bridge. e Final Report, Comer Debris Basin Feasibility Study P.\01\o15014,to.dglivwaol8SWpoMvlna/rpf.dOC Page 3 .... u-r U'"t:êëp ¡-.,..... e e Alt atives 2 3 and 4 would alleviate the existing potential for flooding at the Comer Drive · bri~; for the"t aD-year event. The alternatives have no impact on other potential flood areas on Calabazas Creek. · Alternatives 2, 3. and 4 will each provide for the creation of between 300 and 400 feet of shaded riverine aquatic (SRA) habitat in the stream channel to link the SRA habitat that currently exists immediately upstream and downstream of the Comer Debris Basin. Alternative 1 does not offer significant opportunities to create SRA. · Alternatives 2, 3, and 4 will each provide for the creation of an additional v., acre of native upland vegetation in the locaiion of the former debris basin, which will offer additional terrestrial habitat opportunities. · Alternative 3 will provide for improved aquatic habitat opportunities during the wet season through the formation of two ephemeral pools in the stream channel, each with an estimated area of approximately 1,600 ft'. This alternative would also result in desirable aesthetic improvements through the formation of a series of small falls and pools. · Alternative 4 would leave approximately 9 vertical feet of the existing basin dam headwall in place, which would detract from the aesthetics of the restored stream channel. · Alternative 4 would require restoration of portions of the retaining walis on either side of the basin dam headwall. It is expected that removal of the upper 3 feet of the dam headwall would expose soil beneath the retaining walls at the demolished ends of the headwall. Additional concrete and reinforcing steel would be required to stabilize the walls for subsequent exposure to winter storm flows. · Alternatives 2, 3, and 4 can be optimized during a future design effort to identify a stable channel configuration, which is a function of both the channel slope and width. · Preliminary estimates of probable costs are summarized as follows: Alternative Design & Construction Cost Annual 0 & M Costs 1 No additional cost to District No additional cost to District 2 $1,250,000 $14,500 3 $890,000 $20,000 4 $590,000 $14,500 . F~nal Report, Comer Debris Basin Feasibility Study p 1\015014.00\deh...erël'o1~SV\;lPQrt'4i"'&lrpl.dOC Page 4 ~"·""~';;¡'~";':'''''''"~~''.IÞ.¡~~;:.: Attachment 3 SARATOGA CITY COUNCIL . MEETING DATE: March 6, 2002 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Comer Debris Basin Modification Project RECOMMENDED ACTION(S): Provide input to the Santa Clara Valley Water District regarding the Comer Debris Basin Modification Project. REPORT SUMMARY: Greg Zlotnick, Santa Clara Valley Water District 5 Director, as well as District staff will report on the status of the Comer Debris Basin Modification Project. The District has held two project meetings generating important community feedback and would now benefit from input from the . Saratoga City Council. A notice of tonight's meeting was prepared by City staff and distributed by District staff according to their mailing list of interested parties. Attached is a draft Engineering Feasibility Study dated February 21, 2002, for the project. In addition to engineering hydraulic and sedimentation studies, the report includes various alternative solutions. Please see Section 4, page 17, of the report for a description of the alternatives. The following is a summary of the alternatives in the report as well as an additional Alternative 4: Alternative 1 - Do Nothing (Existing Conditions) Alternative 2 - Remove entire headwall and wingwalls. Grade channel in uniform slope 1,300 feet upstream of Comer Drive. Alternative 3 - Remove entire headwall and wingwalls. Construct a stepped channel to create small falls and pools. Grade slope 500 feet upstream of Comer Drive. Alternative 4 - Remove upper 3 feet of headwall, leave wingwaIls Grade uniform slope 50 feet upstream of Comer Drive Construct single step at upstream end to match existing channel bed . . Additionally, letters are attached from the Loma Prieta Chapter of the Sierra Club and the Guadalupe-Coyote Resource Conservation District supporting removal of the sedimentation dam. Background In 1973, the Comer Debris Basin was constructed to assist the District in maintaining the Calabzas Creek Channel capacity for high winter flows. Although the basin worked effectively to impound sediment, there may have been downstream impacts. The current need of the debris basin is questionable because the upstream quarries, which contributed to most of the sedimentation, are no longer in operation. The Comer Debris Basin Modification Project is a study to determine the impact of the basin on the creek and watershed, and the potential impacts of removing the basin. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impacts, and whether the removal of the debris basin benefits the watershed. FISCAL IMPACTS; None identified. e CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Depends on the City Councils direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Comer Debris Basin Feasibility Study. 2. Letter from the Loma Prieta Chapter of the Sierra Club. 3. Letter from the Guadalupe-Coyote Resource Conservation District . 20f2 Attachment 4 about $45,000. In 2004 the District would start to plan a prc from Miller A venue to Wardell Road in which construction· Mr. Zlotnick noted that the District plan to continue to work with the City to construct trails along Saratoga Creek and continue to work on the water quality problems. Mr. Zlotnick noted that Saratoga receives water from District and San . Jose Water Compapy. Mr. Zlotnick announced that the District would be holding the 2nd Annual Land Use Summit on Thursday, May 23, 2002. The primary focus would be how land use decisions effect water supply and demand and how land use planning can aid in protection to our ground resources in the County. . Vice Mayor Baker asked why Lexington Reservoir was drained. Mr. Zlotnick explained that Lexington Reservoir is drained every year for providing capacity for in flow during the winter and also to do need maintenance work. Mr. Zlotnick noted that he would be happy to provide the Council with a brief summary of what exactly goes on while the reservoir is drained. Cheriel Jensen, 13737 Quito Road, reminded the Council that last year they passed a pesticide ordinance and urged the District to limit their use of pesticides and herbicides. Mr. Zlotnick noted that he would take her comments into consideration. e 7. COMER DEBRIS BASIN MODIFICATION PROJECT STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that attached to staffreport Council received a copy ofthe Comer Debris Basin Engineering Feasibility Study and noted that the Santa Clara Valley Water District staff was here tonight to present a report to Council on the status of the Comer Debris Basin Modification Proj ect. Director Cherbone noted that the Modification Project was a study to determine the impact of the basin on the creek and watershed, and the potential impacts of removing the basin. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impact, and whether the removal of the debris basin benefits the watershed. Director Cherbone noted that the District held two public meetings to gather input and a notice of tonight's meeting was sent to the District list of interested parties. . City Council Minutes 4 March 6, 2002 . . . Director Cherbone noted that the District's report includes various alternative solutions such as: 1. Alternative 1 - Do Nothing. 2. Alternative 2 - remove entire headwall and wingwalls. Grade channel in uniform slope 1,300 feet upstream of Comer Drive. 3. Alternative 3 - Remove entire headwall and wingwalls. Construct a stepped channel to create small falls and pools. Grade slope 500 feet upstream of Comer Drive. 4. Alternative 4 - Remove upper 3 feet of headway, leave wingwalls. Grade uniform slope 50 feet upstream of Comer Drive. Construct single step at upstream end to match existing channel bed. Director Cherbone briefly explained the history behind the Comer Debris Basin stating that is was constructed in 1973 to assist the District in maintaining the Calabzas Creek Channel capacity for high winter flows. Although the basin worked effectively to impound sediment, there may have been downstream impacts. Director Cherbone noted that the current need of the debris basin is questionable because the upstream quarries, which contributed to most of the sedimentation. Jason Christie, EngineerlSanta Clara County Water District, explained that in addition to the alternatives Director Cherbone explained, the Districts engineers' hydraulic calculations show that 5 inches of water would flow over Comer Drive Bridge during the 100- year flood flow. Mr. Christie noted that he needed to find out how much it would cost to fix that problem. Raise the bridge and regrade the approaches to the bridge for approximately $300,000. Councilmember Bogosian asked if any of the mitigation efforts presented tonight would make it worse for the property owners downstream. Mr. Christie responded if the dam and the sediment were removed the flow of sediment would not be changed. Mr. Christie noted that they do not anticipate further erosion downstream. Councilmember Waltonsmith referred to a diagram in the Feasibility Study and asked if it described the District decision to try and even out the slope. In response to Councilmember Waltonsmith, Mr. Christie explained that the District has not made a decision; the Feasibility Report was intended to look to several different scenarios. Mr. Christie explained Alternative 3, stating that the District could remove the entire headwall and wingwalls, construct a stepped channel to create small falls and pools. Mayor Streit stated that Alternative 3 would have the least impact upstream. City Council Minutes March 6, 2002 5 Councilmember ¥ehaffey asked what the District would do with the sediment they would be removing from the creek. . Mr. Christie explained that it is good soil; the District could probably sell it to a contractor for a road project. Councilmember Mehaffey asked who would pay for the proposed project. Director Zlotnick responded that it might come out of a zone account or from funds generated from Measure B. Robert Wallace, Foothill Lane, stated that he would like to see the creek restored back to the way it was in 1973. Mr. Wallace suggested that the dam and the walls on the west side be removed. Mr. Wallace noted that the other wall should stay in order to save an oak tree. In regards to all the sediment, Mr. Wallace suggested placing it all on the west side and any extra should be left to flow downstream naturally. Lawrence Clifford, 12985 Pierce Road, noted that he has followed this project from the beginning. Mr. Lawrence noted that the after reading the Comer Debris Basin Engineering Feasibility Study; he found that nowhere did it mention erosion control. Mr. Clifford noted that the property owners downstream have lost parts of their yards due to erosion. Mr. Clifford urged the Council not to support this project. Lawrence Ives, noted that he owns the property adjacent to the debris basin since 1994. Mr. Ives noted that he thinks that the creek should be left as is. . Patty Ting, Wardell Road, noted that she representing her mother. Ms. Ting noted that she agrees with Mr. Clifford that erosion is their main concern. Mr. Zlotnick noted that the Feasibility Report was not intended to address all of the concerns voiced tonight. Mr. Zlotnick noted that as the project moves forward a CEQA report would have to be done by the District. If the project moves forward, Councilmember Bogosian asked who would be responsible if erosion does occur. Mr. Zlotnick noted it is the District's project. Councilmember Mehaffey stated that he feels the less grading the better because of possible heavy metals and other toxic substances that could be in the soil. Mr. Zlotnick responded that the Regional Water Quality Control Board mandates soil testing. Councilmember WaItonsmith noted that she supports the District's efforts but noted that she does not want the creek to be damaged any more that it already has. e City Council Minutes 6 March 6, 2002 e e e Councilmember Bogosian noted that he supports Alternative 3. Vice Mayor Baker asked Mr. Zlotnick what he would do to address his three concerns in regards to the homeowners who live along the creek: 1) flood control 2) minimizing erosion 3) least impact. Mr. Zlotnick noted that he does not have enough information to make any suggestions. Mr. Zlotnick noted that he needs direction from the City Council to go forward with the project or was there enough questions on potential impact to where the project should not go forward. Mr. Zlotnick noted that he would be willing to come back in a few months and give the Council another update. Vice Mayor Baker noted that he feels the City Council does not have enough information to make a recommendation on the project. Mr. Zlotnick noted that there is enough information to know that the District wjJ] be able to mitigate impact. Mayor Streit noted that he feels this project should go forward and perhaps come back to the Council after the District completes their process. PUBLIC HEARINGS 3. SECOND READING OF ORDINANCE ADOPTING RULES AND PROCEDURES FOR CITY COMMISSIONS STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the second reading; adopt ordinance. TITLE OF ORDINANCE: 203 AN ORDINANCE ESTABLISHING REQUIREMENTS AND PROCEDURES FOR CITY COMMISSIONS Richard Taylor, City Attorney, presented staff report. City Attorney Taylor noted that at the City Council meeting of February 20,2002 the City Council introduced an ordinance establishing various standards for City commissions. The ordinance would establish (1) procedures for posting commission vacancies, (2) eligibility requirements, (3) attendance requirements, (4) procedures for removing Commissioners and filling vacancies, (5) meeting requirements, and (6) consistent rules of procedure. These rules would apply to Commissions as well as other City committees and boards. Although a second reading would ordinarily be presented as a consent calendar item the City Council directed that this matter be set for an additional public hearing. City Council Minutes March 6, 2002 7 5Qnro (iara VaDe!:! Wa~er Distrid ð Attachment 5 I '! 1 ; FROM :P0LAR EQUIPMEN FAX NO. :408 857+4575 Or-to 05 2003 07:53PM P1 Please reference the File Information and Subject when making a reply. Tc> '1::20"'. tJ.... {\q,(è.o FILE INFORMATION AsAD TO nate D ''::> vvv., '- Dale Proj. Name I Z. $81 fOOTHILL LANe,. lb e.iL~brí5 ~~tN PrOjJJOD No. Agreement No. SC\'rc\.To'io-- CA., 95070 ~OI()/b ,;Lolo/~ Reacn Name/No. ~ S .CóM 1:=7<- <J/f!{. tÆ: I e: ! Contract No. Subject 6:>ST t:;D"iIMA'\'e: ~If-: CAl.Aß.A.ZA~ CfZ..6'&'«'" eY.tCN5¡6f.../ (wo"v-¿·eA\ -u:, vis "b (ø.yY¡'e" ~~rCs "'F->~:'>\~V') ~€v\0 -....b.Y\v<:>-,.'C'1 "1...003 . We Are: 0 Enclosing 0 Referencing 0 FOlWarding separately J2( peryour request dated: ;yz D (VI Ttii> q-N:>~ð~ 0 No exceptions noted .¢. For your use 0 Reports e 0 Make corrections noted and 0 For your files 0 Finished drawings . resubm¡t'tinaJ file copy 0 For your review and comments 0 Prelim!ha!)' drawings EJ Revise and resubmit 0 . Transmit copies to contractor 0 Specifications 0 Rejected 0 Other dispoSition as follows: 0 other: 0 Approval Sent by: o First Class Mail 0 Other (specify): Comments i í .j cc: ei , - I!' ~i ":~ -I!' ,," .g 5 ¡"';":r: ." 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S >- g¡ ,.; '" "'- ¡o I~ ~;~;. .{,}~ q::::, '" !:) .:&i, B a: ... ... ,Ç> e o ;Sã > o '" I ~ ~ ~ c.. g ,i rn U 9¿S17+¿98 8017 i 'ON XI:LJ N3Wdrn03 ~~,ødi wo~~ o FRX NO. :408 867+4576 - Nov. 14 2003 02:12PM P1 FROM :P0LRR EQUIPMEN ..~,~:.:~.::. ...."... ...:" .... ..,....; " ;.: ." .. . . , , . . . . . Sl£RRA .CLJl:ß .. ,.otlt("'f.1t·1.~ -. Sierra Club - Guadalupe Region;!1 Group PO Box $49. Santa Clara, CA 95052-0549 " .' Regional environmental' Alert. Comer Debris Basln- Dam (Calabazas Creek, Saretoga) February, 2002 . L.ocation: Near the intersection of Pierce Rd and Com~r Rd. Saratoga, CA. The Issue: The Comer Debris Basin-Dam is outdated and no longer used by the Santa Clara Valley Water District, within the City of Saratoga. It impedes the natural.flow of Calabazas Creek in the local area. The debris basin was used to catch the gravel and sediment of a nearby quarry. The back of the dam has filled with gravel over the ten years, extending back approximately 600 feet along the creek. At present, the gravel ievel is about four feet below the Comer Bridge. With the, possibility of heavy flooding during wet season. the bridge may be damaged by overflow. In'óaslve plants are establishing themselves along the banks, crowding out the native flora. Background Information. Calabazas Creek begins its flow from the foothills of Table Mountain, south of Montebello: Ridge. It winds down through the Santa Clara Valley into the marshlands of San Francisco Bay. The Santa Clara Valley Water District has modified the creek in the areas of Saratoga, San Jose and Sunnyvale with check dams, the debris basin and the armoring of beds and banks The Cocciardi Quarry operated at the head of Quarry Creek from the nineteen-thirties through the late nineteen sixties, which affected the amount of sediment going into Calabazas Creek. To control the sediment run-off, the Water District built the c;lam in 1972-73. In ac;ldition; hou,sing development along Pierce and Mt. Eden roads had silt runoff into the creek during the seveníies and eighties. The dam-debris basin was used by the Water District for collecting gravel in this area in~tead of down by the Bay, where levees were built to protect the developing industries. The District ceasaà taking gravel from the creek during the early nineteen-nineties. Consequently, gravel fil1ed the basin to its present height. Addition Information: Creek once supported native trout and was a native wildlife -.riparian corridor. Due to water overdraft, over the past century, the trout have disappeared, the deer have troubie migrating the corridor, and invasive species have been spreading into the habitat. .PropO$al: · . Have the Debris Basin removed te restore the natural flow of the creek. Restore the surrounding banks to the riparian- wildlife habitat. Restoration of the creek bed gradient. Eventual return of native trout to its ancestral spawning grounds. (Possibly, this stream may have been habitat to native salmon in the past.) , Education of local residents on being stewards and maintaining the riparian habitat in its natural state. Maintain the natural diversity of the remaining area, including riparian anc;l amphibian life. Public involvement of resic;lents, non-profit organizations and agencies. · · · · · · Letters of support are neec;led as soon as possible to have the debris-basin/dam removed and the natural banks restored. , Over please. I .1 J I I el \ ! ¡ ¡ I el í ! e! . . . · Maintain the natura! diversity of the remaining ar&a, including riparian and amphibian life. o Public involvement of residents, non-profit organizations and agencies. Cons: · Some of the local residents want to keep the dam in qUestion ii'\tact to prevent possible damage in near future floods · FinanCÎal costs of removing the dam and restoration of banks. o Easement policies of the Water district and landowners" .þ · Water district's feasibility studies (present and future) have eelay positive solutions to the creek. Lettérs of support are needed as soon as possible to have the debris-basin/earn removed and the embankments restored. ' Send let!èrs to: . _.. ._ u..,~., . .. . Attp;//www.scvwd.dst.Câ.us Greg Zlotnick, District 5 Santa Clara Valley Water District 5750 Almadei'\ Expressway San Jose. CA 95118-3686 The Board of Directors Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3686 Tel: 408.265.2600 Fax: 408.266.0271 -~-----------~--~-------- http://vl'ww.saratoga.ca.us Nick Streit. Mayor City of Saratcga 13777 Fruitvale Avenue Saratoga, CA 95070 ==~=~~==~==~==~======:===~=;=~===~==========~=====~=~===~=======~~======~ Submitted by Teresa Nemeth Regional Chair Sierra Club - Guadalupe Regional Group PO Box 549. Santa' Clara; GAi15052-{)549' 408.296.5821 (M) Addition background ¡nfonnation: Marj otten berg - 408.867.4576 (M) '. '''';'~' ~~J¿; , ;' "[":~ ':;1" ~;.~,.~.::: ¡ . -/"~~,,,; -'> /('1' I ~,." -". / ") ~....~. :¡: ... ~ ~.J íC'-" : ¡.... " .' " , .~ j } ." ·f..·j. '.,~' .g.o;' q 'r ",: " ," "',, . ,0 v ~ "'''t\'' /(:1/; "J"" "", .f'" , /~v-'- \ ¡~ ,<,;./ J J...:...t-;;. ~D£â~'. . !_-=___4' (.~ ~ ' .J '7.;./ .' \ . ¡')J'"' fl' .-..\ ""2\~'~~' . ( b, . ." . .,,) . .'"' ''''''J'/' . i" .' . . .".. . '¿. . . . . 0 'IQ I ';0/-' \;;'."~,v- .I.' '" -. .... ·u..· .. J g -1.:0 > 0 -" ;/"01 'M I , e" ~..... .~.=.....:": : .:. " . '" Æ" . ..'..h..... ..- : 1..\ j~ D " ",') '[, -'~ ,',!.'" 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"--""- -" cd Nd£,:c0 £ØOc þ, '~oN 9¿SÞ+¿9B BOÞ: 'ON Xb~ N3Ndln03 ~bì0d: NO~~ Attachment 6 cgi '17lF, pj~77' /':':\ (9 \ ...-'\ j I 1, I ( j Î) ¡ I r '-.../"U ~~ (_~ "-~~) ~ ~C;-;:::;-' n ,_._~ ~ r;:::::¡ n I, c,< j¿ i D) /1; \ L,1 í'J( n)1 r;\J. IIJ \ C2Jc..S-C~90:'S2_.jr" C, ~'0¿9~ . 1:377'1 F'Ht'ITVA.LE AVEl\UE fè SAHATUG:'\, CALIFOH;'.:L\ 9:~070 ei (408) gGS-120Ö COt '\C'IL :\IE;\lBEi-?S Incorporated October 22, ìl?5G , Stan Bogosi;3n Kathleen King ;''iorma.r; Kline OFFICIAL MEETING NOTICE t\ifckSireit Ann V¡iaitonsmith Dear Saratoga Resident, You are invited to attend a City Council Meeting on Wednesday; January 21,2004, at 7:00 P.M. during which the Santa Clara Valley Water District will provide an update to the City regarding the Comer Debris Modification Project. Date: Wednesday, January 21,2004 Time: 7:00 P.M. . Location: Council Chambers 13777 Fruitva1e Avenue Saratoga, CA 95070 For more information please contact John Cherbone at 868-1241 or email at jcherbone@saratoga.ca.us. . < . ~ .~ ì ~Ki; // / UK. ~~ \ '-~ y . . / ~ /-r')f 1 /" ~ :\\~ ~ "- /~1J7~ Á~/ \ ~ ~.., ) r LEGEND Á :- - ' ~ \ øff ~ S2,R"':""NOtifi'd" \ I '" ,,: ~Ä J,<:JY' ~ .\ ~ ~~ (4Þ ~ j,~, (, \ /V fir J::/~;/ f ~ '/1 '<r!& ~ \/ý li ~ j,-; ~f- COMER DEBRIS BASIN I PROJECT SITE h-tJ i'~ ,,¿- /' L~ - - .ì--"1 " :J!. _ - ü '-.. 1'/ 'I::-- 'J-.. \ \ ~/ - ~ v - - J ~ ~ " \ "':':'> ~-----~ \ \ \, /- / / / / // ~ "" ,,/ -. · · · SARATOGA CITY COUNCIL MEETING DATE: January 21, 2004 ð v.....7~/ , AGENDA ITEM: ORIGINATING DEPT: A,dministrative Services CITY MANAGER: PREPARED BY: Jesse Balocaillave Anderson DEPT HEA~¿(... SUBJECT: State Budget Update RECOMMENDED ACTION(S): Accept Report. REPORT SUMMARY: FY 2003-04 Budget Projections for the VLF backfill gap (the loan expected to be paid in 2006), was again revised unfavorably earlier this week. The earlier projection of $372k is now projected at $576k according a consultant for the League of CA Cities. During the States 2003-04 budget process it was intended that the earlier estimate for the 2003-04 VLF would hold realignment funding harmless. Realignment funding is the portion of VLF that is dedicated to various state and county health and social service programs. Apparently the States estimates were too low during the earlier part of the year and additional backfill money is required for the State to provide its full realignment funding, which increased the States backfill gap to $1.3 billion and the loan amount to be paid to Saratoga in 2006. As a result, it's anticipated that Saratoga's monthly distribution of approximately $145k will be less for the remainder of year. ,. FY 2004-05 Proposed Budget The Governor's January 9, 2004 proposed budget for FY 2004-2005 provided good news in that the VLF backfill is to be fully funded "in the budget" in the amount of $4.1 billion. The bad news is that the rumored $1.3 billion experienced in the current year will be carried forward into the next fiscal year, impacting cities by approximately $183 million. This new proposal will however impact Saratoga less than the VLF gap since it is an expansion of the ERAF shift from local property taxes to support school funding. The ERAF shift has been a thorn in the side of local governments who have fought against it since its introduction in the mid-1990's. In effect, city property taxes are being shifted from the support of general purpose government to the support of local schools, leaving the State, which is legally mandated to provide school support, out of the loop. Additionally, the State suspended the provisions of Proposition 42, which cuts out local transportation funding for the second year in a row in the amount of $179 million. - 'v Since ERAF follows a different formula than VLF it appears that the total impact to cities, $187.6 mì1lion, will reduce Saratoga's revenues by roughly $156k next fiscal year. We wì1l e continue to provide updates as the budget goes through the Legislative process. The governor's proposed budget wì1l face at least six months of negotiations and analysis by the Legislature. During the May 2004 timerrame, the Governor wì1l present his revised 2004-05 budget, which could be significantly different than what we see now. FISCAL IMP ACTS: To be determined. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): N/A. FOLLOW UP ACTION(S): Continue monitoring the States budget process and its impact on Saratoga finances. e ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT(S): Current year budget scenario: Operations Analysis and Fund Balance Analysis e 20f2 / - e e . Current Budget Scenario for FY 2003-04 - Includes Revised VLF Backfill Gap: As of January 15,2004 Operations Analysis: General Fund 2003-04 Projected Operations (in thousands) Operating Surplus - Adopted June 2003 Current Year Adjustments: VLF Gap Loss (loan till 2006) Legal Settlement Net Adjustment to Operations Revised FY 2003-04 Operations $427 (576) (97) ($673) ($246) Fund Balance Analysis: General Fund Undesignated Resources Projected June 30, 2004 (in thousands) Beginning Resources, July 1, 2003 Projected 2003/04 Operations VLF Gap Loss (loan till 2006) Legal Settlement Net Adjusted Operations Revised Resource Reduction, June 30, 2004 $484 427 (576) (97) ($246) $238 ATTACHMENT . e . ..~ SARATOGA CITY COUNCIL MEETING DATE: January 21, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGE~: £2 ~,¿ PREPARED BY: Lorie Tinfow DEPT H~~ ~ ~@"'::; SUBJECT: Animal Control Service Provider Choices RECOMMENDED ACTIONS: Accept report and direct staff accordingly. REPORT SUMMARY: The City Council considered animal control service provider choices at the December 17, 2003, meeting. At that time, direction was given that the City of Saratoga would remain with the Silicon Valley Animal Control Authority (SV ACA) if the agency remained a 5-city JP A. Los Gatos' City Council votedto withdraw from SV ACA on January 5, 2004. As a result, SVACA has become a 4-city JP A and staff is returning to Council for further direction. An updated "deal point" comparison is included with this report as Attachment A. Two Options Council is asked to select one of the following options and provide the direction indicated. . OPTION 1: Remain with Silicon Valley Animal Control Authority (SV ACA) under the conditions offered in December 2003. Ifthis option is selected, staffwill draft a letter accepting the new provisions for the City Manager's signature. If the JPA document has to be formally amended to reflect the new arrangement, staff will prepare the report and bring to Council as soon as possible. . OPTION 2: Withdraw from SV ACA and contract with San Jose. If this option is selected, the City of Saratoga must notify SV ACA before January 25, 2004. A copy of the letter to convey this intention is included as Attachment B. San Jose proposes a 20-year term for the agreement. In addition, staff asks Council for direction on the following two remaining issues: . Compensation to San Jose as a flat fee or per animal? San Jose prefers a flat fee for administrative purposes but is willing to negotiate a "cost per animal" fee. Per animal means that costs wi1l fluctuate, both up and down. Cupertino and Los Gatos have opted for this mechanism in part because they are considering initiating public education ~ '-.....-...... campaigns that may reduce the number of animals. Saratoga has no such plans at present and our hnman population is fairly stable. As a result the number of animals is unlikely to change much fTom year to year unless an extensive ongoing public education program were to be initiated. e . Adjust the annual compensation each year or each 3-year period? San Jose is willing to contract on either basis although they prefer the annual increase option. Examples of each follow: Example 1: Increase Each Year Saratoga would compensate San Jose utilizing the 2004-05 base rate of $155,000. In addition, the two Cities agree that increases to animal control service costs shall be limited and be based on either the percent salary increase negotiated by San Jose animal control bargaining unit each year plus 1.5%, or the February to February Consumer Price Index-Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPI/W") for the previous year plus 1.5%, whichever is less. To illustrate, an example using CEI/W follows: For year 2004-05, Saratoga will pay $155,000. In spring 2005, Saratoga and San Jose will agree on the adjustment. The maximum adjustment would be CPI/W for February 2005 plus the 1.5%. If the CPI/W was 3% that year, the maximum increase would be 4.5%; for 2005- 06 the City would pay $161 ,975 with similar increases each year, varying with the annual CPI index. Advantages are that increases occur gradually and budget impacts are less dramatic in Year 4. . Example 2: Increase Each 3-year Period Saratoga would compensate San Jose utilizing the 2004-05 base rate of$155,000. In addition the two Cities agree that increases to animal control service costs shall be limited and be based on either the percent salary increase negotiated by San Jose animal control bargaining unit each year for the previous 3 year period plus 1.5%, or the February to February Consumer Price Index-Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPI/W") for the previous three years plus 1.5%, whichever is less. These contractual costs may be adjusted only one (1) time per 3-year period to be effective on July 1 for the applicable fiscal year. To illustrate, an example using CPI/W follows: For years 2004-05, 2005-06, 2006-07, Saratoga will pay $155,000 each year. In spring 2007, Saratoga and San Jose will agree on the adjustment. The maximum adjustment wouJd be CPI/W for February 2005 plus CPI/W for February 2006 plus CPI/W for February 2007 plus the 3 x 1.5%. If the CPI/W was 3% each year, the maximum increase would be 3%+3%+3%+4.5% for an increase of 13.5%. Then, for 2007-08,2008-09,2009-10, we would pay $175,925 each year, and so on. (This calculation is different than the one proposed before; San Jose realized they were assessing the 1.5% only once instead offor each year as they intended.) . Advantages inherent in this option include fixed costs for the first three years that, given the budget fluctuations at the State level, provide valuable consistency. In addition, the 2 .. e net present value ofthe cash means that dollars we use for annual increases are more valuable to us than the $20,000 lump sum owedin year four. However, in year four, the then-current Council would face a more significant jump in total costs (i.e., $20,000) for that particular budget cycle. Staff is working with San Jose on an agreement and, if Council directs staff to pursue this relationship, will incorporate Council's direction on the above issues and bring back a final agreement for Council approval. FISCAL IMPACTS: Option 1: Remain with SV ACA under new conditions. Annual service contract costs would change each year but SV ACA estimates that Saratoga's costs in a 4-city JP A in the first shelter year are Jikely to be about $183,000. The $300,000 capita] contribution is budgeted in the Capital Improvement Program. SV ACA would accept the contribution as an equity investment in the shelter. Saratoga would receive a share of any sales proceeds should the facility be sold in the future. Option 2: Withdraw from SV ACA and contract with San Jose. Annual service contract costs would be specified for one or three years at an initial cost of$155,000 per year. The $300,000 capital contribution is budgeted in the Capital Improvement Program. Should Saratoga decide to change providers within the first 3-year agreement period, some amount of the capita] contribution would be returned to the City. . CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Without Council direction to change service providers or to confirm the new provision associated with SV ACA membership, Saratoga will continue to receive animal control services from SV ACA under the existing provisions. ALTERNATIVE ACTIONS: Alternative actions available at this time are outlined in the report. FOLLOW UP ACTIONS: Staffwi11 implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were sent to Jon Cicerelli, City of San Jose; Deborah Biggs, SV ACA, for distribution to the SV ACA board; and to the SV ACA Technical Advisory Committee. ATTACHMENTS: . . Attachment A: Animal Control Service Provider Comparison . Attachment B: Withdrawal letter to SV ACA 3 ; ATIACHMENT A Saratoga Animal Control Service Provider Comparison Category SVACA San Jose Shelter: . 1 Capital Costs $300,000 $300,000 2 Equity Reimbursed? Yes, if shelter is sold in the future, No but sliding reimbursement Saratoga would receive proportionai scale for early contract years share of the sales proceeds. $100K per year for first 3 3 Sheiter Construction Complete? No - costs are not finalized: Close - scheduled to open soon Management must bring project to completion 4 Shelter Hours minimum 35/week; actual hours minimum 35/week; 45-50/week likely undetermined at this time 5 Sheiter Services same same , Field/Licensing/Shelter Operations: 1 Annual Costs $183,000 for 4-city JPA $155,000 w/Los Gatos & Cupertino 1a Revenue remitted back to Sararoga included approx. $4300 2 Cost Containment Clause? Yes for 2005-06 - CPIIW + 2% Yes - CPIIW + 1.5% or cost of In addition, Council rep/TAC staff help employee salary/benefit set the SVACA annual budget increases, whichever is less 3 Cost Reduction Incentive? Not exactly - the equation used to apportion Agreement can be based on number of total SV ACA costs includes a factor for live animals or fiat fee. If we reduce our the number of animals coming from Saratoga. number of sheltered animals, As Saratoga's total number of animals we would pay less. decreases compared to other member cities, our percentage decreases. ' , 4 Vote on Governing Body? Yes No 5 Number of field officers provided 3 officers for 6 cities 2 officers for 3 cities Monday through Friday Monday through Friday 12 hour shift 12 hour shift (7 am to 7 pm) on cail after hours on cali after hours Sat ~ 2 officers for 6 cities Sat/Sun ~ 2 officers for 3 cities Sun/Hal - 1 officer for 6 cities Holiday - 1 officer for 3 cities 6 Response Times P1 - 1 hr or less P1 - 1 hr or less" .. SJ response times couid be P2 ~ 1 hr or less P2 - 2 hrs or less" less given the number of P3 ~ 2 hrs or less P3 ~ 4 hrs or less" officers dedicated to our cities wkends/hol - 1/4/8" 7 Holidays 13 14 -- -- other: 1 City Staff/Council Time Commitment 12 hrs + per month ? hr per month 2 Type of relationship JPA - can withdraw with 6-12 months notice Contract - can withdraw with 6 months notice e . 1/15/2004 e e . ... [~--f~]~~l '" (~(~ i U J í L \..:::/L-....' 0~ /7,\ 10) /r¿;\ [;¡FJr:~Ui r 0 ~¿930ì!s-~¿b '0~2]~ c:..._~ '/\.LE i\\'E>~I~E ~. S.:\;~.·\TOGA. CA1.JFOENIA HGC70 ~ (408) 8G8-1:200 ('OL\('IL ;\íE:ì1BEHS "',,"., 'r-;":I-,L{',-:Z:. January 22,2004 Stan Bogosian i<.ath1eeri King Norrnen Kline Nick SÎreit Ann V¡/aftonsmith Deborah Biggs Executive Director Silicon Valley Animal Control Authority 2340-A Walsh Ave. Santa Clara, CA 95050 Dear Deborah, This letter is to notify you and the Silicon Valley Animal Control Authority Board ofthe City of Saratoga's intention to withdraw from SV ACA effective June 30, 2004. Due to recent rising operational and shelter plan costs, our City Council has determined contracting with the City of San Jose for animal control services is the most cost effective way of providing such services to our residents. Further, under the current JP A terms, the City of Saratoga is entitled to a proportional share of SV ACA's financial assets as of June 30, 2004. We look forward to coming to an amenable agreement as to the amount we are due. Thank you for providing excellent service to our residents over the last 3 years or so. The City Council wishes you and your board the best in continuing your operations and building your shelter. Sincerely, '. DAVE ANDERSON City Manager Cc: City Council Assistant City Manager City Attorney .. . . . ) SARA TOGA CITY COUNCIL MEETING DATE: January 21, 2004 AGENDA ITEM: ' 1 ORIGINATING DEPT: City Manager's Office CITY MANAGER:&~¿:;:;? .. DEPT HEAD: PREPARED BY: SUBJECT: City Council Policies RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: At the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document The Council Subcommittee presented a draft Policy tothe City Council on December 17,2004, At that meeting the Council discussed the Policy and gave direction back to the Subcommittee for corrections andlor clarification to the Policy. ' The attached Policy includes Council direction from December 17th. FISCAL IMPACTS: , ' NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Council would not have an approved "Council Policy" document. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Draft Council Policies RESOLUTION NO. 03- POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICY PERTAINING TO NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL WHEREAS, it is critical to the successful operation of any public or private organization and agency, that rules, standards, or norms be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of rules, standards or norms by a City Council will promote under -standing and trust among members of the City Council and City Staff concerning their roles, responsibilities, and expectations for the operation of the City; and WHEREAS, periodic review will assist each new member of the City Council to better understand their responsibility and role as a Councilmember. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Saratoga, State of California, that policy pertaining to Norms of Operation and Rules of Order and Procedure for City Council is hereby established as follows: CITY COUNCIL NORMS OF OPERATION Section 1. OPERATION OF CITY COUNCIL MEETINGS A. City Council Meetings shall be run following the outline listed in Section 6.B. of this document. Each item shall be introduced by the Mayor, followed by a staff report and either a public hearing or public comment period. After close of public comments, the City Council will deliberate the matter following Roberts Ru1es of order. The Mayor may entertain a general discussion of the item before a motion is offered. B. The Mayor may place an item anywhere on the agenda. Two City Council members may place an item on the agenda. C. A single City Council Member may place on item on the agenda under City Council Member Items. Items under this manner shall have a limited stàff report, if appropriate. No significant resources (more than three hours of staff time) shall be used by staff until the Council gives direction on the item. The Mayor shall determine when three hours of effort has been utilized. D. If an item appears again in a future Council meeting, it shall be heard under Old Business. Items placed under public hearings shall only be those that are defined by law as requiring a special notice and a public hearing or those called by City Council on its own volition. 1 ( . . . . .. e e . . , E. In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete its business, there will be a three-minute ]jmitation on comments by the public except for app]jcants and appellants at public hearings or as otherwise provided by law. ill order to effectively enforce this rule, the City Clerk wiJI monitor the time for each speaker with an electronic timer. The timer wj1J beep at the one- minute remaining POÜlt, and again at the three-minute point. If there are more than twenty (20) identified speakers for one item at the beginning of the public comment period or public hearing, the Mayor may adjust the three-minute time down to two minutes per speaker. F. Closed sessions of the C,ity Council shall generally be conducted prior to the 7:00 p.m. business portion of regular meetings. Ifnecessary, Closed Sessions not completed prior to the 7:00 p.m. business portion wiJI be considered at the conclusion of the business portion ofthe meeting, or as otherwise determined by the City Council. Special Council Meeting may be called by the Mayor with proper public notice. , G. Members of Council should not engage in debate with a member of the pub]jc or Staff at Council meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Any concerns by a member of Council over the behavior or work of a City employee during a Council meeting should be directed to the City Manager privately to ensure the concern is resolved. H. Prior to the close of the public hearing or comment period Councilmembers may ask questions of anyone in the audience. The public hearing and comment period are the times for Council to receive evidence. Once the hearing or comment period is closed, the Council deliberates based on that evidence. While Council may eject to re-open a hearing or comment period (assume no prejudice to the rights of an applicant or appellant) it should make every effort to get all the information it needs while the hearing or comment period is still open. If the Council asks questions after the final presentation of the applicant/appellant in a permit-related hearing the Council would need to provide the applicant/appellant with an opportW1Ìty to rebut the answers to the questions. While these rules need not apply as strictly to hearings where due process is less of an issue (i.e., an ordinance amendment) a uniform set of rules for all pub]jc hearings and comment periods is desirable.. , ' 1. The Mayor may, with Council concurrence, schedule Council review of agenda items out of their prescribed order on the printed agenda if a large number of the public are present to speak on agenda item. Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF A. There shall be mutual respect from both Staff and Councilmembers of their respective roles and responsibiJities when and if expressing criticism in public session. B. City Staff shall acknowledge the Council as policy makers and the City Council shall acknowledge Staff as administering the Council's policies. 2 · .. C. All written requests for information or questions by City CounciImembers to Staff shall be e directed to the City Manager, City Attorney, City Clerk, or Department Managers (wit h a copy to the City Manager). All complaints should be submitted to the City Manager or, if a compJaint concerns the City Manager, to the City Attorney. D. All written informational material requested by individual Councilmembers shall be submitted by Staffto all Councilmembers with the notation indicating which Councilmember requested the information. E. Council shall not attempt to coerce Staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. F. . Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the City Council with a comment as to which Staff person will be assisting the Mayor in preparing a response. The Mayor's response, in addition to the original communication, will be submitted to the City Council for their information. G. The City Clerk shall not open mail addressed to an individual CounciImember unless requested to do so by tbe CounciImember. H. Individual Councilmembers shall not direct Staff to initiate any action or prepare any report e tbat is significant in nature or initiate any project or study. All such direction shall be provided by the City Manager or by action of a majority of the City Council at a City Council meeting. CounciImembers may ask for limited resources and information for items tbat are on an agenda as long as any information is distributed to aJI City CounciImembers Section 3. CITY COUNCIL RELATIONSHIP WITH CITY COMMISSIONS AND OTHER BODIES A. Members oftbe City Council should not attempt to influence or publicly criticize commission recommendations, or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Members of Council that attempt to strongly influence commission positions on an item may prejudice or hinder their role in reviewing the commission's recommendation as a member oftbe City Council. B. Individual Councilmembers shall have the right to attend meetings but shall refrain from speaking or becoming involved in the meeting's discussions. If asked a question, the CounciImember person should indicate that he/she can only provide a personal opinion and does not speak for the Council as a whole. e 3 '. . . . ~ C. If a member of the City Council appears before another governmental agency or organization except as member of outside agency appointed by the City Council to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council (if any). Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL HANDLING OF LITIGA nON AND OTHER CONFIDENTIAL INFORMATION A. City Councilmembers shall keep all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager. . B. All negotiations and other contacts concerning matters that have come before the City Council in closed session (including, but not limited to, property acquisition or disposal, a pending claims or litigation, and/or employee negotiations) with the other party and/or party's agents or other representatives shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation unless the City Council has directed that a specific Council member to assist staff in negotiations. Except as authorized above, no Councilmember who has participated in any closed session shall have any contact or discussion with the other party or its agents or representatives concerning the matter under consideration except during public meetings of the City Council. All public statements, information and press re]eases shall be hand]ed exclusive]y by the City's designated spokesperson. Section 5. BUSINESS OF THE CITY COUNCIL A. Seating Arrangement ofthe Citv Council- The Mayor shall be seated at the center of the five members of the City Council. The Vice Mayor shall be seated to the right ofthe Mayor. The Councilmember with the most seniority shall be seated to the left of the Mayor and the remaining Councilmember shall be seated to the far left of the Mayor. The outgoing Mayor shall be seated to the far right of the Mayor. When there is no outgoing Mayor the remaining Councilmembers shall be seated based upon length of service on the City Council with the most senior member seated to the far right of the Mayor. In the case of members having been elected at the same time, seniority shall be determined by the number of votes received at the election. The highest vote getter shall be considered senior and so on. The City Clerk shall arrange nameplates at the Council dais at all Council meetings to assure this seating arrangement is followed. B. Citv Council Reorganization - On non-election years the City Council shall hold a special meeting on the second Tuesday of December. The floor shall be open to nominations for the purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections shall be made by a majority vote ofthe Councilmembers present at the meeting. 4 f . The Mayor and Vice Mayor sha1l assume the duties of their respective offices immediately upon election. The Mayor and Vice Mayor sha1l serve a one-year term at the pleasure of the Council. On election years the City CouncjJ sha1l meet at a regular scheduled meeting next fo1lowing the meeting at which the declaration of the election resuJts was made pursuant to Section 10262 or 10263 of the Elections Code and choose one ofits members as Mayor, and one of its members as Vice Mayor. (Government Code Section 36801). , . C. Mayor and Council Roles - The Mayor shaJJ act as the primary spokesperson and official representative of the City Council, unless such n:sponsibility is delegated by the Mayor, or otherwise assigned by a majority vote ofthe City Council. The Mayor shaJJ preside at all regular, adjourned, and special meetings of the City CouncjJ, including joint meetings with commissions and closed sessions. The Mayor shall execute aJJ official City documents, warrants and correspondence approved by City Council. The Mayor shaJJ serve a~ the primary contact for the City Manager to provide direction and advice regarding routine planning and operational issues (i.e. meeting schedules, dispositions of correspondences, etc.) Nothing in this section is intended to suggest that the position of Mayor wields formal power or authority in excess of the other members of the City Council. Rather, the person serving as Mayor is to be recognized as the leader of the CouncjJ, or first among equals. The Vice Mayor shall serve and perform the functions as Mayor in the absence of the duly elected Mayor. D. Counci1 Committee/Agency Assignments Every December immediately following the City CouncjJ reorganization the Mayor shall . announce that new appointments for Committeel Agency Assignments are necessary. A list of committee/agency assignments shaJJ be given to each Councilmember and each Councilmember shall provide the City Clerk with a list of the Committeel Agency Assignments in which the CouncjJmember is interested. The Mayor shall propose appointments for Council approval at the City Council meeting immediately foJJowing the reorganization. E. Ex Parte Communications An Ex Parte Communication occurs when a Council member receives information from a member of the public outside of a public meeting concerning a matter to be heard by the City Council. Ex Parte communications are an inherent part ofthe City of Saratoga's commitment to a1lowing City residents ample opportunity to consuJt with elected officials both inside and outside of public meetings. At the same time, the City is committed to the principle that the business of the public should be conducted in public, to ensure that citizens are afforded the opportunity to participate in the making of decisions that affect their lives, and the means to evaluate choices made by the City and its officers. Where a City CouncjJmember has received information outside of a public meeting that the Councilmember believes has a bearing on the decision and that is not reflected in the staff report presented to the Council and the public, the Councilmember should provide that information to the rest of the CouncjJ and the public fo1lowing the staff report and . prior to beginning of public testimony on the matter. This will a1low the public and other 5 , . e . " members ofthe Council to consider the information in forming their views on the decision at hand. In addition, persons affected by the decision will also have the opportunity to know the evidence on which the decision is to be based and have an opportunity to comment on it and, if need be, to rebut it. This approach allows all members ofthe public access to elected officials and to the rationale for decisions made by those officials. F. Issuing Proclamations and Commendations A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or event. Proclamations are prepared for signature by the Mayor. They may be presented at a City Council meeting ?r at an event or meeting outside the City Council meeting. A commendation is prepared at the discretion of the Mayor. A commendation may be issued for accomplishments such as: · Athletic/academic accomplishments · Act of heroism · Youth Accomplishments · A Community Organization's Citizen of the Year · A Community Organization's Business Person ofthe year · Outgoing elected officials · Outgoing City Commissioners Commendations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS , ' A. Time of Meetings Regular meetings of the City Council shall be held on the first and third Wednesday of each month in the Civic Theater commencing at 7:00 p.m. Special meetings shall be held as necessary and convenient on the second or fourth Tuesday of the month commencing at 7:00 p.m. or at such other time as may be necessary or convenient. B. Order of Agenda The following is the usual order of agenda items for regular Council meetings. The Mayor with the concurrence of Council can change the order in which items on the agenda are heard. . Open Session - The Mayor opens the meeting in the Administration Conference Room at City Hall, to allow the public an opportunity to comment on closed session items before the Council adjourns to Closed Session, as required by law. Commission interviews are also done at this time. . Joint Meeting with Citv Commissions - Reserved time for Commission members to meet with the City Council for their yearly update. 6 · Closed Session - Immediately following open session, the Council adjourns to closed session in the Administration Conference Room at City Hall. Start times may vary depending on volume of closed session items and the estimated time required to conduct the closed session. The items are listed on the agenda as required by law, however this meeting is not open to the public. · Mavor's Report on Closed Session - The Mayor is required to announce any action taken during closed session before reconvening to the open session of the regular meeting. · Call to Order - the Mayor calls the regular meeting to order. · Pledge of Allegiance - The Mayor may lead or call upon a member of the public or staff to lead the pledge. · Roll Call - A quorum constituting 3 of the 5 members of the Counci] is required to conduct any Council meeting. The City Clerk calls the roll. · Report of Posting of the Agenda - The City Clerk reports on the posting of the agenda as . required by law. · Oral Communications - During this portion, any persons who wish to address the City Council on a subject not on the agenda may do so. Oral communications are not intended as the means for debate or decision-making, but only for making a presentation in person. Comment shall be limited to three minutes for members of the public who wish to speak · Communications from Citv Commissions - Reserved time for Commission Chairs, or designated representative, to report information to the City Council or request direction. · Council Direction to Staff -Reserved time for the City Council to request follow up on Oral/Commission Communications. . · Announcements - Reserved time for the Mayor to make special announcements. · Ceremonial Items-These items include presentation of proclamations, commendations, appointments, administration of Oath of Office and special introductions. · Special Presentations - reserved time for groups, agencies, persons to speak to the Council on special items. · Consent Calendar-These items are routine and non-controversial items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Councilmember. Any member of the public may speak to an item on the Consent Calendar, or request the Mayor remove an item for discussion. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. · Public Hearings - There are two kinds of public hearings, those required by law and those called by the City Council of its own volition. In either event, the purpose is to provide an opportunity for all interested persons to be heard. Applicantsl Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements · Old Business - These are general items, which have been considered by the Council at a previous meeting. · New Business - These are general items, which have not been previously considered by the Council. 7 . > . . . ,. ... e e e · Council Reports on 'Committees- Provides members of the Council an opportunity to report on agency/commission assigrunents. · City Councilmember Items - Provides members of the Council· an opportunity to introduce discussion/action on items not currently before the Council for consideration. · Citv Manager Items - City Manager or City Attorney may bring up other items of interest or make announceme:Qts under this section. · Adiournment-The Mayor may adjourn the meeting to a date specific. Ifno date. specific is announced, the next meeting will be the next regularly scheduied Council meeting. C. Disruptive Comments and/or Conduct No person who addresses the Council shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct ofthe CoUhcil meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation ofthis rule shall be grounds for terminating the citizen's comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, also shall be grounds for removal from the meeting. Council shall not be beHigerent or make disparaging commentary toward the speaker. Nothing in this section shaH prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules. If a member ofthe public fails to follow these rules after being warned once, the Council may bar that individual from further testimony for the evening or remove the person from the meeting. The above foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 3'd day of December, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk 8 ~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: C J¿;:;:./ PREPARED BY: Lode Tinfow DEPTHEAD~J¿~~ . SARATOGA CITY COUNCIL MEETING DATE: January 21, 2004 AGENDA ITEM: , SUBJECT: Adopt Revised Neighborhooil Traffic Management Program (NTMP) RECOMMENDED ACTION(S): Approve the revised Neighborhood Traffic Management Program process and adopt the attached document. DISCUSSION: The first version of the Neighborhood Traffic Management Program, or NTMP for short, was developed by a consultant and adopted by City Council in August 2001. Since that time, staff and the Public Safety Commission have worked with one neighborhood-known as El Quito South-through the process. Traffic calming devices were installed in their neighborhood in . March 2003 and a follow-up meeting with area residents was held in December2003. The residents are very pleased with the outcome ofNTMP, and report a significant reduction in both vehicle speeds and, in most cases, vehicle volume on their streets. . In working through the process described in the August 2001 document, staff discovered the document contained conflicting information and that the process needed modification to work in some instances. Last spring, staff postponed starting any new NTMPs until a thorough review of the document could be completed. Staff solicited input fì:om Saratoga Fire Department, Santa Clara County Fire Department, the Public Safety Commission, Traffic Engineer Sohrab Rashid and the El Quito South residents. The revised document reflects staffs experience and all input provided from these sources. Some significant changes include the following: · · · · · . · Changing the process from two phases to three phases Phase I now includes petition signing, traffic data collection and the initial community meeting Phase II now includes the assignment of a Public Safety Commissioner to work through the process with staff and the neighborhood The document has been reformatted to be clearer Conflicting information has been removed or clarified The flow chart is no longer included in the document At their meeting on December 11,2003, the Public Safety Commission was given a copy of the then-current version for their review. The PSC provided comments and approved the document at their meeting on January 8, 2004. The final revised version ofNTMP is attached to this report. FISCAL IMPACTS: NTMP Program fimds are budgeted in the Public Safety Traffic Engineering budget as part of the five-year CIP budget. Each year $50,000 is allocated for support of capital improvements. A balance of$190,550 remains for the 2001-06 period. . FOLLOW UP ACTION(S): If approved, staff will begin distributing the attached document to interested parties. In addition, four neighborhood groups have expressed interest in participating in the NTMP process and staff will begin working with the first in the queue. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Safety Commission was notified that Council would be considering approval ofthe NTMP at this meeting. ATTACHMENTS: . Attachment A: Copy of final revised NTMP document ~ . e e , · · · <k SARATOGA CITY COUNCIL Cf &~ ¿p/ ~~ MEETING DATE: January 21, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: DEPT HEAD: ~ PREPARED BY: John Ch'erbone SUBJECT: Discussion of Park User Agreements RECOMMENDED ACTION(S): Accept report and provide direction to staff. REPORT SUMMARY: User Agreements: Currently the City has executed User Agreements with three organized yoúth sports groups A YSO, Saratoga Little League, and Saratoga Pony League. These User Agreements were developed specifically for the use of Congress Springs Park. The agreements have been very successful in promoting the safe and equitable use of that park and staff would like to develop a generic use agreement that can be executed at any of our City Parks based on the successful Congress Spring model. , . Presently there are sports user groups using City parks without the appropriate mechanisms in place to manage their use. Groups such as CYSA and EI Quito Little League use the same process for reserving a park that one uses to rent a barbecue area for the afternoon. The same is true for A YSO or Saratoga Little League when they want to use a park other than Congress Springs. User agreements would benefit the City and the user groups by putting in writing the maintenance responsibility of each party, restrictions on the use of the park (such as parking and rain restrictions), and dates and times during the year they have rights of use. The agreements could also be extended to sport user groups that contract through the Recreation Department. Use Fees: The Congress Springs Parks Agreements separate the total user fee charged to organized sport groups into two separate fees, a Maintenance Fee and a Use Fee. ;./ ..., The Maintenance Fee is based on the additional park maintenance that is required above the normal maintenance practices that would be employed absent the impacts of the particular sport being played. For example, baseball and soccer each have different needs and place different demands on a park's infrastructure, thus they have different maintenance fees. Each year this fee has the ability to go up or down based on the actual maintenance costs during the use period. · The Use Fee for baseball and soccer use at the City's parks is $25/hr (resident) and $40/hr (nonresident). These fees are listed in the adopted City Fee Schedule (AYSO, Saratoga Little League, and Saratoga Pony, will not pay Use Fees at Congress Springs Park until the end ofthis year whert their donation agreements expire; which waive the Use Fee in lieu of the donations given towards the Congress Springs Park Improvement Project). The Maintenance Fee has had full support by all the user groups since its inception because of its fair and equitable manner in which it is determined. However, the Use Fee has not enjoyed the same level of support. Staff continues to receive concernS from the user groupS regarding the amount ofthe Use Fee. After the current fee schedule was adopted, staff discovered some holes in the fee arrangement in connection to turf use. The only parks which have a fee for the use of open turf areas is El Quito and Congress Springs Parks. For example, A YSO or other groupS that use the open turf area at Kevin Moran Park can do so without paying a fee. This is also true for the other City parks that have flat turf areas. · Conclusion: Staff requests that City Council direct staff to work with the Parks and Recreation Commission on the following issues: 1) develop a User Agreement based on the Congress Springs model which the City can execute at the other City parks when appropriate, and 2) analyze the adopted Fee Schedule as it relates to park usage and bring back recommendations to City Council in conjunction with the Fiscal Year 04/05 budget. FISCAL IMPACTS: None at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): The current park fees and use agreements remain as is. ALTERNATIVE ACTlON(S): · 200 · · · , , None. FOLLOW UP ACTION(S): Staff and the Parks and Recreation Commission wil1 submit a report to City Council in the future for discussion. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Sample Congress Springs Park User Agreement. 30f3 , - AGREEMENT CONCERNING USE OF CONGRESS SPRINGS PARK . THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ("City"), and AMERICAN YOUTH SOCCER ORGANIZATION- REGION 27 ("A YSO"), is made with reference to the following facts:· A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park ("the Park"), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. A YSO has regularly utilized the Park for the conduct of games and practices during its season and desires to continue such use. C. A YSO and Saratoga Little League Baseball, Inc. ("Little League"), jointly own equipment installed within the snack shack. D. City and A YSO desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use. A YSO shall inform City as to the approximate starting and ending dates of its soccer season. Such notice shall be furnished to City at least thirty (30) days . prior to the commencement of the season. A YSO shall be entitled to the exclusive use of the turf fields and snack shack seven days per week during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: (a) Turf field set up and maintenance as follows: o Fertilization (prior to beginning of regular season and during regular season) o Thatching (prior to beginning of regular season) o Core aeration and plug pickup (prior to beginning of regular season) o Field rolling (prior to beginning of regular season) o Broadleafweed control o Slit aeration - 1 time per month during regular season o Overseed field (1 x or as needed) o Field mowing - 2 times per week during regular season o Irrigation and maintenance ofthe turf field irrigation system as needed. o Cut out worn turf areas. oRe-sod worn turf areas. e · · · -.. o Convert field for usage by Little League Baseball and Pony League Baseball, including but not limited to: o Level field o Roll field o o A YSO shall make arrangements with City for a preseason inspection of the turf fields, at which time A YSO shall advjse the City of any objections to the condition thereof. (b) Providing utility services for the snack shack. (c) Removal of trash from the trash containers in the Park. (d) Maintenance of the restrooms within the snack shack and the exterior ofthe building. (e) Maintenance and changing oflocks on the snack shack doors. 3. Responsibilities of A YSO. A YSO shall be responsible for the following: (a) Maintenance of the interior ofthe snack shack and repair of the equipment within the snack shack owned by Little League and A YSO, together with general custodial care of the snack shack interior and general dean-up ofthe restrooms and storage room within the snack shack building. (b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Damage or injury resulting directly or indirectly from soccer balls exiting the park onto Highway 85, during A YSO practice or games. If it is determined that a ball is willfully kicked onto Highway 85, A YSO's season will be forfeited. If a ball is kicked over in the course of normal use, it is the responsibility of AYSO to contact the City of the occurance. (d) All soccer field lines and markings are to be painted with approved athletic field marking paint on all soccer fields by A YSO or their representative. A YSO will not be allowed to use chemicals or any oils to burn in any lines or markings in the turf grass fields. Rotation of goals in connection to field layout to be scheduled prior to the season and approved by Public Works Department. (c) Installation of goal posts prior to commencement of regular playing season. (g) Removal of goal posts at end of season. (h) Field markings. ·. 4. Rental charge. In consideration for the additional maintenance and other e services provided by City, as hereinabove described, and for the exclusive use of the Park, A YSO shall pay a rental charge to City in the amount of $ for each season during the term of this Agreement. Such rental charge shall be due and payable on December I st. 5. Park Use Policy. The Park Supervisor shall have full authority to regulate the use of the park, including, but not limited to, regulation of field layouts and imposing field "rest" periods during the sea~on, which is contingent upon the condition of the park and fields as determined by the Public works Director or appointed designee to ensure the long term health ofthe park. 6. Rainy Day Policy. During periods of inclement weather, authorized users of the facility fields are required to cancel games or practices if it is raining or if the field, as determined by our Parks Supervisor, is deemed to be in an unplayable condition at game I practice time. During periods of unstable I questionable weather conditions, the Public Works Department will determine the playability ofthe fields at the park. Ifthe fields are closed due to the above conditions, a sign will be posted at the park stating "Field Closed Today". This policy should be publicized by A.Y.S.O. and made available to all A.Y.S.O. field users. 7. Penalties for field use violations. Field abuse (unauthorized use, as stated in this agreement, including but not limited to condition number 5, Park use Policy) may . result in a penalty or fine, as determined by the Director of Public Works. This will be in the form oflost as follows: 1 st Penalty during season: 1 week 2nd Penalty during season: 1 month 3rd Penalty during season: Remainder of season 8. Indemnification of City. A YSO agrees to indemnifY, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by A YSO, or from the performance by A YSO of its obligations under this agreement. 9. Insurance Requirements. A YSO shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with A YSO's use and maintenance of the park, turf fields, and snack shack, and the performance of the obligations hereunder by A YSO, its agents, representative or employees. . e e . . . (a) Minimum Limits of Insurance. AYSO shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of$I,OOO,OOO per accident. .. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provlSlons: 1. General Li~bility Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of A YSO. The coverage sþall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. A YSO's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self· insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of A YSO' s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. , ' d. A YSO's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by A YSO for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. F (c) Acceptability of InsUrers. Insurance is to be placed with insurers with a e Bests' rating of no less than A: VIT. (d) Verification of Coverage. A YSO shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before A YSO may make use of the park, fields or snack shack. The City· reserves the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on . A YSO may cancel this Agreement by giving written notice to City not less than sixty (60) days prior to the commencement of its season. City may cancel this Agreement by giving written notice to AYSO not less than one hundred twenty (120) days prior to the date on which the annual rental charge specified in Paragraph 4 would otherwise be due and payable. Provided, however, if City determines A YSO is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving ofwntten notice to A YSO to correct the violation, .- within thirty (30) days, A YSO has not made the necessary correction. .. 11. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 12. Cancellation of prior agreement. This Agreement supercedes and cancels the prior agreement executed between City, A YSO, and other parties dated , and the same is hereby declared to be of no further force or effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, a municipal corporation By Attest City Clerk e e e . '> ¡Soccer Tasks and Hoursl TASK: FIELD SET-UP · Set Up · Fertilize · Thatch Field (debris box) · Aerate Field & Plug Pick-Up · Roll Field REGULAR SEASON · Slit Aerate (Ix a month) Aug-Nov · Overseed field Ix during season POST SEASON · Cut Soil out of barren area · Square-up area (goal out) · Core areate & top dress & fertilize field · Roll Field TOTAL HOURS: (AT $21.00) MATERIALS: · Resod Area (assume 10,000 sf@ $0.75) · Top Soil · Fertilizer TOTAL HOURS PLUS MATERIALS HOURS: 16 (8 hrs for 2 people) 1 16 (8 hrs for 2 people) 17 4 8 4 32 16 25 4 143 $3,003.00 $7,500.00 $ 500.00 $ 800.00 $11,803.00