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HomeMy WebLinkAbout02-09-1999 Staff Report SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3 /00 AGENDA ITEM 3 MEETING DATE: February 9,1999 CITY MANAGER: .l ORIGINATING DEPT: Administrative Services DEPT. HEAD: Q(�(.f(.(/l/ SUBJECT: Year 2000 Project Update RECOMMENDED MOTION(S): Accept and file this report. REPORT SUMMARY: This report is the first in a series of updates to the City Council on the City's progress in dealing with the Year 2000 (Y2K) issue. The City of Saratoga, like every other governmental agency, business entity, and individual in the world, is confronted with the Y2K problem in its computer systems. Fortunately, our problem is smaller than many other cities since we are a limited service city. We do not provide water, sewer, power, health, fire protection, transportation, or education services, and we contract out many of our basic services such as police protection. Certainly we have a strong interest in coordinating with the agencies that provide these services to ensure continued service to the City and the citizens of Saratoga, but we do not have direct responsibility for dealing with their Y2K issues. Furthermore, the systems which the City does have responsibility for updating are largely turn- key packages purchased "off the shelf'. We do not have any software which was designed in house by a team of programmers writing code. This makes our Y2K problem a little easier because the software vendors are dealing with the problem. These systems include the Microsoft Office products and the HTE financial system. We are working very closely with our software and hardware vendors to ensure minimal Y2K disruption to the City, but again, we do not have direct responsibility for programming solutions to the problem. Finally, being a limited service city with minimal resources, we do not provide some services which other cities may provide, further limiting our Y2K exposure. For example, the City does not maintain a computerized Geographic Information System (GIS), a centralized traffic controller, or an electronic security system. This certainly does not mean that the City does not have Y2K issues; we do. City staff has been addressing these problems since 1998, and has made considerable progress, but we still have a lot of work to do in the coming months. Following is a summary of systems which have been addressed, followed by our plan for the remainder of the project through December 31, 1999 and beyond. PROJECT STATUS: HTE FINANCIAL SYSTEM The first area we focused attention on was the software that supports our financial system. The financial package was purchased from HTE, a software developer that specializes in government systems with thousands of customers throughout the country. The financial system processes payroll, accounts payable, accounts receivable, cash receipts, business license, and general ledger. When the system was purchased in 1997, we knew it was not Y2K compliant. The agreement was that HTE would upgrade the software when the Y2K version was available. The version 5.0 has been out for some time, and in January, we upgraded our HTE software to be Y2K compliant. After the upgrade, we issued almost a thousand business licenses that expire in January 2000, so we know that at least that part of the system is Y2K compliant. The financial system is driven by an IBM AS 400, which was also purchased in 1997. We will be required to make some upgrades to the hardware, and we have been discussing this with HTE. Any upgrades will be made this spring. BUILDING PERMITS We know that the GTS building permit processing software is not Y2K compliant. When we purchased the HTE financial system, we also purchased their land use module which HTE had programmed to be Y2K compliant. We have been preparing for the transition from the old GTS permit processing system to the new HTE land use module, and are nearly ready to go live with the new HTE module. We asked HTE to schedule the City for implementation of the module as quickly as possible, and expect it to be completed in March. ACTIVITY REGISTRATION The Park and Recreation activity registration software has been identified as not compliant. HTE recently acquired the vendor that originally developed the activity registration software, and will provide the City with an upgrade to HTE's Y2K compliant version. After the land use module is implemented, we will turn our attention to the upgrade of HTE's ParkSoft activity registration module. We would expect it to be completed in the late spring before summer registration begins. NOVELL SERVER The City uses a Novell server which is not compliant. The main purpose of the Novell server is to support the old GTS building permit software and the Park and Recreation activity registration. As soon as the replacement programs for these two systems are implemented on the City's other servers, the Novell server will be retired. CouncilReport 2 YEAR 2000 METHODOLOGY: In addition to the hardware and software systems discussed above, there is a plethora of issues which need to be addressed as the millennium approaches. The basic methodology that we will follow to figure out where our Y2K risks lie and what we need to do about them is: Inventory computer hardware, software, peripherals, other equipment, external systems, and services provided by others. Evaluate what items have Y2K problems. Identify what we can repair. Specifying how we are going to address each problem. Prioritize. Carry out the Y2K plan. Test all systems. Prepare a contingency plan. Attachment A to this report is the general work plan we will follow in carrying out our Y2K project. WORKSTATIONS Hardware The City has about 45 workstations, and the Bios on each workstation will have to be tested. Fortunately, the City generally purchased PC's in groups, with two brands of PC's dominating the inventory. This makes our hardware testing and repairing somewhat easier since once we determine the procedure for one machine, we will be able to duplicate it for a number of machines. Software The software which resides on each workstation will have to be inventoried, tested, and repaired as well. The PC based software which the City uses is fairly standard, and generally consists of Microsoft Office products along with standard software for email, electronic calendars, internet access, mailing lists, virus scanners, and the like. We will take an inventory of every piece of software on each workstation, and follow documented procedures for repairing each program. SERVERS The City has a variety of servers which support the PC network, primary domain controller, email /calendar, and telephone system. These are in addition to the Novell server and the AS400 discussed earlier. The strategy for testing and repairing the servers will be similar to that described above for the PC workstations, although these will be more difficult due to the much greater complexity of both the hardware and the server software. During the Y2K project, we have already determined that the City will retire the Novell server, make some upgrades to the AS400, and combine the primary domain controller and email/calendar server. CouncilReport 3 OTHER EQUIPMENT Other equipment which the City will need to analyze include (but is not limited to) printers, hubs and switches, fax machines, copiers, stamp machine, and gas dispenser. We will seek confirmation from vendors as to the status of each piece of equipment. CONTRACTORS, VENDORS, THIRD PARTY ADMINISTRATORS, ETC. Very often, the City systems interface with other business systems to exchange data outside the organization. For example, the City uses a PC workstation to electronically transfer funds between banking institutions, and our system must be able to communicate with the bank's system. It is crucial that we test not only our own systems, but ensure that our vendors are prepared as well. We have begun working with various vendors (such as our bank and the PERS system) but quite a lot of work remains to be done. The strategy we will follow will be similar to the "inventory, evaluate, repair" strategy for in -house systems, but will involve a great deal more communication with and reliance on outside parties. Attachment B is a form we developed to assist staff in inventorying all system which could potentially be affected (other than PC workstations), the impact the system would have on the City if it was not compliant, and the recommended contingency plan. CONTINGENCY PLANNING: The City plans to prepare a contingency plan for responding to problems that arise as the year 2000 draws near. We will conduct a risk analysis of our own internal functions using the form at Attachment B, and will develop a detailed contingency plan to ensure that City operations will continue smoothly. Additionally, the City will be involved in intergovernmental emergency planning involving police, fire, schools, utilities, and other local and state agencies. FISCAL IMPACT: Staff has estimated the cost to complete this project at $25,000. The City's MIS department consists of just one person who does not have all the expertise nor the time to complete this large and critical project. We believe we could contract with an individual or firm to assist in the hardware and software testing and repairing for an amount not to exceed $16,000, or about $300 per workstation. Additionally, we have identified seven workstations (approximately 15% of our inventory) that are more than five years old. It would take considerable effort to bring these workstations into compliance, so it would be more efficient to replace them at this time rather than spend time and money to repair them now, just to replace them in a year or two. The cost for replacing seven workstations is approximately $9,000. Staff will assume responsibility for project management, inventorying the systems, coordinating with outside parties, and for contingency planning. Staff will also assist in the hardware and software testing and repairing to the extent possible as time allows. Funding is available in the general fund contingency reserve. $200,000 was appropriated in the contingency reserve for fiscal year 1998 -99, and none of it has been used this fiscal year. CouncilReport 4 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): It is fairly certain that existing staff will not be able to complete this project in the time which remains. Although staff will be able to mitigate a majority of the problems which could arise with the current funding, the consequences of not addressing this issue as quickly and thoroughly as possible could be very serious. FOLLOW UP ACTIONS: Direct staff to return with a resolution amending the fiscal year 1998 -99 budget, appropriating $25,000 for the Y2K project. Direct staff to report quarterly to the City Council on the status of the Y2K project. ATTACHMENTS: Attachment A Year 2000 Work Plan Attachment B Inventory of Systems Potentially Effected CouncilReport 5 CITY OF SARATOGA Year 2000 Work Plan The approaching millennium change has called into question the ability of all automated systems to correctly handle dates beyond the year 2000. Many systems will be unable to deal with the millennium transition without intervention. Preparation for the year 2000 transition will prevent disruption in operation of the City of Saratoga's systems. The following work plan has been developed to ensure complete Year 2000 Compliance. Step 1: Y2K Compliance Kickoff meeting: [Complete for February 28] Assemble a Y2K team Define the purpose of the team and each member's role Refine the City of Saratoga's definition of Y2K compliance Identify goals, set preliminary schedule and plan to regularly review Y2K progress. Step 2: Inventory all systems and applications. Compile a list of all hardware, software, peripherals, systems, applications and data that could be affected by Y2K dates. Include external systems or organizations that affect the internal systems (for example, data shared with third parties, employee pension funds,etc.) [Complete by March 31] Step 3: Assess risks and prioritize affected systems. [Complete by March 31] Step 4: Formalize and begin Y2K testing and remediation strategy. [Complete by March 31] Identify a testing team (in -house or out source), develop testing plans, and determine requirements for each system. Acquire and identify fixing and testing tools and resources (BIOS tools for PC's, application- testing software, vendor patches, Y2K consultants). Step 5: Determine the Y2K- compliance status of vendors, distributors, suppliers and large customers who may have a direct impact on the City of Saratoga. [Complete by March 31] Step 6: Contact vendors for certificates of compliance. [Complete by April 30] Step 7: Carry out compliance testing and compliance verification testing on systems. Check all computer hardware, firmware, operating system and software applications to determine or confirm if they meet Year 2000 compliance standards. [Initiate by April 1, complete by May 31] Step 8: Implement fixes and retest. Verify correct operation. [Complete by June 30] Step 9: Non- compliant systems: Identify potential solutions, their cost, schedule and ripple effects. [Complete by July 31] Step 10: Prepare a disaster recovery plan. [Complete by September 30] Develop a temporary solution for mission critical applications in case of unforeseen system failures. Establish a SWAT team to get mission critical systems and applications back up and running immediately if they fail. Step 11: Sign off on acceptance of compliant systems from the responsible Y2K team member, depai (Anent manager, and vendor contact, if applicable. [Complete by September 30] Step 12: Maintain Y2K Compliance. Ensure no non compliant applications are introduced. [Ongoing] ATTACHMEN A Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K Y2K CITY OF SARATOGA INVENTORY OF SYSTEMS POTENTIALLY AFFECTED (NOT INCLUDING PC HARDWARE AND SOFTWARE) SYSTEM DESCRIPTION LOCATION MODEL/VERSION VENDOR NAME AND ADDRESS VENDOR CONTACT DEPARTMENT CONTACT IS THIS SYSTEM Y2K COMPLIANT? IF YES, ATTACH LETTER OF COMPLIANCE FROM VENDOR IF NOT COMPLIANT, WHAT STEPS ARE BEING TAKEN TO MAKE IT SO RECOMMENDED WORK AROUND IF SYSTEM IS NOT ABLE TO BE BROUGHT INTO COMPLIANCE? IMPACT ON THE CITY IF SYSTEM IS NOT BROUGHT INTO COMPLIANCE HOW WOULD YOU RATE THE IMPACT TO THE CITY IF THE SYSTEM FAILS ON 1/1/2000? Low Impact Medium Impact Serious Impact CONTINGENCY PLAN TO ENSURE THIS SYSTEM HAS MINIMAL IMPACT ON 1/1/2000, EVEN IF YOU THINK IT WILL BE COMPLIANT Completed by Department Director Date ATTACHMENT B SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3U9t AGENDA ITEM w 8 4 01 MEETING DATE: February 3, 1999 CITY MGR.: 4/.!11-..,. ORIGINATING DEPT.: Recreation PREPARED BY: SUBJECT: Civic Theatre Lighting System Final Acceptance and Notice of Completion Recommended Motion(s): Move to accept the project as complete and authorize staff to record the Notice of Completion for the construction contract. Report Summary: The Civic Theater Lighting System project has been completed by the City's contractor, Schindler Electric, and inspected by. Building Division staff. The approved construction contract amount was $87,900 with authorization for change orders up to $8,000. During the construction phase $3,420 in change orders were executed bringing the final construction cost to $91,320. In order to close out the construction contract and begin the one year maintenance /warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30 day Stop Notice period for the filing of claims by subcontractors or material providers may commence. Fiscal Impacts: The ten percent retention withheld from payments to the contractor will be released 30 days after recordation of the Notice of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient funds to cover the cost of the construction. $75,000 will be expended from the Ticket Surcharge Fund, 293 -6015- 564 -6002, and $16,320 will paid from the Facility Maintenance budget, 001 1060 -513 -4010. Follow Up Actions: Staff will record the Notice of Completion for the construction contract and release the contract sureties and retention thirty days thereafter. Consequences of Not Acting on the Recommended Motions: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. Advertising, Noticing and Public Contact: Nothing additional. Attachments: 1. Notice of Completion. 4. Recording requested by, and to be returned to: City of Saratoga Recreation Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed to be performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 3 day of February, 1999. Contract Number: N/A Contract Date: October 21, 1998 Contractor's Name: Schindler Electric Contractor's Address: 1805 Little Orchard Street #120, San Jose, CA 95125 Description of Work: Civic Theater Lighting System This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on 19 CITY OF SARATOGA BY: Larry I. Perlin City Manager ATTEST: Susan Ramos, Deputy City Clerk Gov. Code 40814 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3 DI 7 AGENDA ITEM S G (6 MEETING DATE February 3, 1999 CITY MANAGER: O!„ ORIGINATING DEPT. City Manager PREPARED BY: City Clerk SUBJECT: Resolution changing the start time of Public Hearings at Regular City Council meetings to 7:30 p.m. in conjunction with the new start time of Regular Council meetings to 7:00 p.m. pursuant to Ordinance No. 71 -188. RECOMMENDED MOTION(S): Adopt the attached resolution. REPORT SUMMARY: At the Council meeting of January 20, 1999, the Council adopted Ordinance No. 71 -188, amending Section 2- 10.010 of the Municipal Code relating to regular meetings of the City Council. This ordinance changed the start time of regular Council meetings to 7:00 p.m. from 7:30 p.m. In conjunction with the adoption of this ordinance and the time change, Council directed staff to prepare a resolution changing the public hearing start time to 7:30 p.m. The proposed resolution is attached for your adoption. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: No legal advertising is required for this change. If new time is approved, future legal notices and agendas will reflect the new time. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The resolution will not be adopted and the proposed change for public hearing start time will not take place. The current public hearing start time of 8:00 p.m. would increase the time gap between the start of the regular meeting and the start of public hearings. FOLLOW UP ACTIONS: None ATTACHMENTS: Proposed resolution. RESOLUTION NO.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CHANGING THE START TIME OF PUBLIC HEARINGS AT REGULAR CITY COUNCIL MEETINGS TO 7:30 P.M. IN CONJUNCTION WITH THE NEW START TIME OF REGULAR COUNCIL MEETINGS TO 7:00 P.M. PURSUANT TO ORDINANCE NO. 71 -188 WHEREAS, the City Council adopted Ordinance No. 71 -188 changing the start time of regular Council meetings to 7:00 pm.; and WHEREAS, in conjunction with this change, the City Council is desirous in changing the start time of public hearings to 7:30 p.m. from the current 8:00 p.m. start time. BE IT FURTHER RESOLVED that this Resolution shall be deemed effective upon the effective date of Ordinance No. 71 -188. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that the start time for public hearings at regular Council meetings shall be 7:30 p.m. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 3rd day of February 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Jim Shaw, Mayor ATTEST: Susan A. Ramos, City Clerk SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 3 79Y AGENDA ITEM: v 4 MEETING DATE: February 3,1999 CITY MANAGER ORIGINATING DEPT: Community Development DEPT HEAD- SUBJECT: AZO -98 -002 AHPO -98 -001; CITY OF SARATOGA DESCRIPTION Consideration of proposed amendments to Chapters 13 and 15 of the Municipal Code Saratoga's Heritage Preservation and Zoning Ordinances, respectively. Amendments to the Heritage Preservation Ordinance would include changing the term Planning Director to Community Development Director and adding new language to the Permits section. The new regulations would allow the Heritage Preservation Commission the opportunity to review proposed changes to properties on the Heritage Resources Inventory list. The amendment to Chapter 15 is a revision to the P -A: Professional and Administrative Office District list of permitted uses. The new regulation would allow temporary pumpkin sales with the same restrictions as apply to the currently allowed sales of Christmas trees. The Planning Commission reviewed the proposed Heritage Preservation and Zoning Ordinance amendments at their December 9, 1998 regular public hearing meeting. The Commission unanimously recommended approval of the amendments to the City Council. REPORT SUMMARY Heritage Preservation Ordinance It is the desire of the Heritage Preservation Commission to update the Heritage Preservation Ordinance to include those properties listed on the Heritage Resources Inventory in the review process that currently applies to properties that are Designated Historic Resources. A Designated Historic Resource includes landmarks (structures), historic lanes and historic districts which have been designated pursuant to Section 13- 15.020, by application of the property owner or group of owners and adopted by Ordinance of the City Council. Modifications to these properties must be reviewed and approved by the Heritage Preservation Commission. Heritage Resource Inventory properties do not go through the formal designation process, but can be placed on the Heritage Resource Inventory by the Heritage Preservation Commission with or without approval from the property owner(s). Proposed modifications to these properties are not required to be reviewed by the Heritage Preservation Commission. However, it has been City staffs policy that any proposed modifications or additions to structures on the Heritage Resources Inventory be reviewed by the Heritage Preservation Commission. Since inclusion on the Heritage Resources Inventory may or may not be voluntary the recommendations of the Heritage Preservation Commission are advisory only. The changes proposed to the Heritage Preservation Ordinance will not affect the powers and duties of the Commission nor will it change the process for designation. However, these amendments will strengthen the current City policy by requiring per City Code that changes to Heritage Resource Inventory properties be reviewed by the Heritage Preservation Commission. Their role will remain advisory to the Community Development Director, Planning Commission and/or City Council. The City's current fee schedule includes an application fee for a Heritage Preservation Permit which applies to review of modifications to Designated Heritage Resources (designated through the process mentioned above). The Heritage Preservation Commission wishes to encourage more property owners to volunteer their properties for designation and has determined that this fee only serves to discourage property owners. The fee is minimal, in any given year it is collected only one or maybe two times, and would have a negligible impact on the Heritage Commission's and the City's budget. Zoning Ordinance The proposed amendment to Chapter 15 is a revision to the P -A: Professional and Administrative Office District list of permitted uses. The new regulation would be added to Section 15- 18.020 (e) allowing seasonal temporary pumpkin sales along with Christmas tree sales on a site not less than nine and one -half acres in size. RECOMMENDATION Introduce the attached corresponding draft Ordinances, and direct staff to schedule the second reading for the February 17, 1999 public hearing for adoption, either as prepared or as amended by the Council. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of the hearing was published in the Saratoga News. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The Heritage Preservation and Zoning Ordinance amendments would not be adopted. FOLLOW UP ACTIONS: Second reading and adoption of Ordinances will be scheduled for the March 3, 1999 City Council meeting. ATTACHMENTS 1. Draft Ordinance amending Chapter 14 of the Saratoga Municipal Code 2. Draft Ordinance amending Chapter 15 of the Saratoga Municipal Code 3. Draft Resolution amending the City of Saratoga Schedule of Fees ORDINANCE NO. 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CHAPTER 13 OF THE SARATOGA MUNICIPAL CODE, RELATING TO HERITAGE PRESERVATION The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. Section 13- 05.020, subsection (g), of Chapter 13 of the Saratoga Municipal Code is hereby amended to read as follows: "Article 13 -05 GENERAL PROVISIONS 13- 05.020 Definitions (g) Commission staff means Planning Community Development Director and/or his authorized representatives. SECTION 2. Section 13- 10.040, subsection (b), of Chapter 13 of the Saratoga Municipal Code is hereby amended to read as follows: "13- 10.040 Organization (b) Community Development Director shall act as secretary for Heritage Commission, SECTION 3. Sections 13- 20.020, 13- 20.040, 13- 20.050, 13- 20.060, section (a), 13- 20.070, 13- 20.080 are hereby amended and 13- 20.090 is hereby added to Chapter 13 of the Saratoga Municipal Code of Chapter 13 of the Saratoga Municipal Code, to read as follows: "13- 20.020 Applications Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Community Development Director, who shall forward the application to the Heritage Commission 13- 20.040 Heritage Commission action The Heritage Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application. .Upon receipt of the Heritage Commission's recommendations, the Planning-Community Development Director shall forward a copy thereof to the applicant. 13- 20.050 Issuance of Permit If the Heritage Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning-Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Commission recommends denial of the application, the Community Development Director shall notify the applicant that the requested permit will not be granted. 13- 20.060 Appeal (a) Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Commission delivers it recommendation to the Planning-Community Development Director. 13- 20.070 Criteria The Planning-Community Development Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall g g Y pp s a authorize issuance of a permit, if and only if, it is determined that: 13- 20.080 Hardship Notwithstanding section 13.20.070, the Playing- Community Development Director, on recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a historic landmark, heritage lane, or historic district, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding." 13- 20.090 Review of Changes to Properties listed on the Heritage Resource Inventory (a) Whenever any person desires to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a heritage resource inventory property, or to construct, alter, demolish, remove or relocate any building improvement or other structure upon any heritage resource inventory property, the proposal shall first be reviewed by the Heritage Commission prior to such work being commenced. (b) The Heritage Commission shall complete its review and issue a recommendation to the Community Development Director within thirty days after receipt of the application. Upon receipt of the Heritage Commission's recommendations, the Community Development Director shall forward a copy thereof to the property owner. The Heritage Commission's recommendation shall be advisory, only. SECTION 4. Sections 13- 25.040, subsection (b), of Chapter 13 of the Saratoga Municipal Code is hereby amended, to read as follows: 13- 25.040 Enforcement (b) The Planning-Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark, heritage lane, or historic district by any or all of the following means: SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of 1999, by the following vote. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk ORDINANCE NO. 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CHAPTER 15 OF THE SARATOGA MUNICIPAL CODE, RELATING TO TEMPORARY PUMPKIN SALES IN PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. Section 15- 18.020, of Chapter 15 of the Saratoga Municipal Code is hereby amended to read as follows: 15- 18.020 Permitted Uses Temporary sea sonal Chr istmas tree and pumpkin November (e P kin sales between No P P V and December 31 on a site not less than nine and one half acres in size. SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of 1999, by the following vote. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RESOLUTION NO. 98-21.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE SCHEDULE OF FEES AS ADOPTED IN RESOLUTION 98 -21 WHEREAS, on July 1, 1998, the City Council adopted Resolution No. 98 -21 establishing a schedule of fees for various applications, permits, extensions, renewals, services and other matters enumerated therein, and WHEREAS, the City Council desires to amend Resolution 98 -21 by deleting the permit fees in connection with applications for alteration, etc., of designated historic landmarks or property within a designated heritage lane or within a historic district. NOW, THEREFORE, City Council of the City of Saratoga does resolve as follows: 1. The permit fees in connection with applications for alteration, etc., of designated historic landmarks, or property within a designated heritage lane or within a historic district, are hereby repealed and deleted from the attached Exhibit A. No fees shall be charged for such applications. 2. Except as amended, Resolution 98 -21 shall remain in full force and effect. 3. This Resolution shall become effective on March 1, 1999, and shall be applicable to all such permit applications which are submitted to the City from and after the effective date hereof. The above and foregoing Resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the day of 1999, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk I Exhibit "A" CITY OF SARATOGA FEE L JULE Effective July 1, 1998 I I CODE REFERENCE SUBJECT I FEE DESCRIPTION I FEE Warner Hutton House Garden, Patio Gazebo $60 /Hr. House Garden $95 /Hr. RESIDENTS 10% DISCOUNT Reservation /security deposit $300 $300 Processing Fee $25 Non Profit Organizations Any facility 50% Discount of hourly rate Resident Non resident Community Garden Plot Water Usage Charge 75 75 Standard Fee 30 35 Senior Fee 25 35 Blaney Plaza Banner Fee $150 /wk $150 /wk Civic Theater Surcharge (effective 9/1/95) $1.00 per ticket sold Civic Theater Rehearsals $85 /day Civic Theater Performances $260 /day Partial use of stage $85 /day Move in /move out $40 /day Informal rehearsals $25 /day §13- 25.010 Heritage preservation Application for designation No charge Permit applicationioo $75 No charge Appeal fee $150 Measure G Application for election to No charge amend the General Plan. 'CALIFORNIA STATE GOVERNMENT CODE 66014: I Local Agency Fees Reproduction and subscription fees Not to exceed the estimated amount required to provide the service for which fee is levied as periodically determined by the Finance Director. Page 5 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 30 1 AGENDA ITEM O /T i MEETING DATE February 3, 1999 CITY MANAGER ORIGINATING DEPT. City Manager PREPARED BY City Clerk SUBJECT: Resolution of the City Council of the City of Saratoga Appointing a Real Property Negotiator and a Labor Representative. RECOMMENDED MOTION(S): Adopt the attached resolution. REPORT SUMMARY: The proposed resolution drafted by the City Attorney is before you to comply with recent changes to the Brown Act that went into effect January 1, 1999, through the passage of SB 139 (Kopp). Two of these changes require, 1) The disclosure of a labor representative, who will negotiate issues concerning salaries, salary schedules and fringe benefits, as directed by Council; and, 2) The disclosure of a real property negotiator, who will negotiate issues concerning real property, as directed by Council. It also requires the local body to designate or appoint its negotiator in an open and public meeting. FISCAL IMPACTS: None ADVERTISING, NOTICING AND PUBLIC CONTACT: No legal publication is required. Upon adoption of this resolution, the name of the appointed or designated negotiator will appear in subsequent agendas under the appropriate closed session item. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The resolution will not be adopted and the City will not be in compliance with the recent changes to the Brown Act. FOLLOW UP ACTIONS: None ATTACHMENTS: Proposed resolution. RESOLUTION NO.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING A REAL PROPERTY NEGOTIATOR AND A LABOR REPRESENTATIVE WHEREAS, pursuant to Section 54956.8 of the Government Code, the City Council of the City of Saratoga hereby appoints City Manager Larry Perlin as the designated Real Property Negotiator for negotiations concerning real property, as directed by the City Council; and WHEREAS, pursuant to Section 54957.6(a) of the Government Code, the City Council of the City of Saratoga hereby appoints City Manager Larry Perlin as the designated Labor Representative to negotiate issues concerning salaries, schedules and fringe benefits, as directed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the it y y City of Saratoga that this Resolution shall be deemed effective in accordance with applicable law. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 3rd day of February 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Jim Shaw, Mayor ATTEST: Susan A. Ramos, City Clerk