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HomeMy WebLinkAbout12-03-1997 Staff Reports I s 1 SARATOGA CITY COUNCIL RI i EXECUTIVE SUMMARY NO. d- AGENDA ITEM S 7 MEETING DATE: December 3, 1997 CITY MGR. ORIGINATING DEPT. City Clerk SUBJECT: CORPORATION REPRESENTATIVE TO SMALL CLAIMS COURT Recommended Motion(s): Adopt resolution. Report Summary: The Small Claims Division of the Municipal Court requires that cities pass a resolution each December appointing representatives to the court. The required annual resolution is attached; it is similar to that passed last year. Fiscal Impacts: The City expects to recover a small but significant amount of money as a result of small claims court procedures. Moreover, the mere threat of Small Claims Court is enough to persuade many individuals to pay their fines. The alternative to the Court would be prosecution by the City Attorney Office, which would cost much more. Although the amount recovered may be small, it is probably worth while to continue prosecuting cases in Small Claims Court. If we did not do so, more and more individuals would refuse to pay their fines, resulting in a greater revenue loss to the City. Follow Up Actions: An authorization form will be sent to the court. Consequences of Not Acting on the Recommended Motions: The City would not be able to pursue cases in Small Claims Court. I gg SARATOGA CITY COUNCIL 1 q EXECUTIVE SUMMARY NO.: X f 0 AGENDA ITEM: (S/A MEETING DATE: December 3, 1997 ORIGINATING DEPA MENT: ommunity Environment CITY MANAGER: I EPARTMENT HEAD: SUBJECT: UP 97 -012; Immanuel Lutheran Church /One World Montessori School 14103 Saratoga Avenue Appeal of a Planning Commission Use Permit approval to utilize existing classroom space at the Immanuel Lutheran Church for temporary operation of a Montessori school. RECOMMENDED MOTION Uphold the Planning Commission's decision and deny the appeal. REPORT SUMMARY At the October 22, 1997 public hearing, the Planning Commission considered a Use Permit proposal from One World Montessori School to use existing classrooms at the Immanuel Lutheran Church on Saratoga Avenue. The Planning Commission visited the property, and reviewed staffs analysis and recommendation. At the public hearing the Commission took lengthy public testimony from the applicants' representative, parents and teachers of the children who would attend the school, and neighbors of the Church. The Commission then voted 5 -0 to approve the Resolution with conditions (Siegfried absent). Facility Background In 1972 the existing Church was granted a Use Permit (UP -210) which allowed a special school for learning disabled students. The enrollment was limited to 15 students and they were permitted to have an outdoor play yard with hours of operation limited to 9:00 a.m. to 4:00 p.m. In 1972 the Church buildings consisted of the Fellowship Hall and adjacent educational wing which totaled 8,500 sq: ft. Then in 1978 the Church was granted approval to add a new wing and nursery which totaled 9,200 sq. ft. (UP -387). The staff report stated that "the existing buildings will be used as educational, office and nursery facilities and that the main addition to the Church would "not be used as an educational facility Use Permit approvals will generally run with the land/facility, unless otherwise stated in the permit. Any intensification of an approved use requires a new Use Permit. Immanuel Lutheran Church/One World Montessori Appeal Page 2 Traffic The estimated number of morning and afternoon/evening trips based on an enrollment of 145 students is 90 trips. These 90 trips will be spread over one and a half hours in the morning and over six and a half hours in the afternoon/evening. It has be determined by the City's Engineering Technician, that based on current vehicle counts and Level of Service information, the additional trips will not affect the existing Level of Service on this portion of Saratoga Avenue. Because the Level of Service would not be affected staff determined that we could not ask the applicant to make significant road and traffic improvements other than striping a left turn lane. There is an existing paved area adjacent to the southbound lane where cars could queue up while waiting to enter the parking lot. The northbound lane is also a wide enough to accommodate a left turn pocket. To conclude, traffic on Saratoga Avenue is a serious concern, however staff has determined that these additional trips spread throughout the day will not present a significant change to current traffic service levels. ISSUES At the public hearing the Commission discussed concerns regarding the amount of additional traffic on Saratoga Avenue. After a thorough discussion the Commission concluded that the Use Permit could be supported for a short period of time running from December 1997 through June of 1998. The intent of the limited six month approval was to allow the Montessori school time to find a permanent facility, as the applicant has expressed that their lease was going to expire in December and they needed to find a temporary location immediately while they continued their search for a permanent facility. This is not an ideal location for them either as is does split their campus into two facilities. Other conditions that the Planning Commission imposed in order to address concerns of the surrounding neighbors include: granting the permit exclusively to One World Montessori with the intent that if the Church choose to lease the facility any other school within the six month period an entirely new application would be required. prohibiting traffic on Seagraves Way and requiring parents to display placards in their cars which indicate that they are parents of the school, requiring the school to provide a traffic monitor on site during peak traffic times, requiring the school to develop a traffic striping plan in consultation with the City Engineering Division to help mitigate traffic on Saratoga Avenue, and limiting the hours of operation from 7:30 a.m. to 6:30 p.m. 8 i f Immanuel Lutheran Church/One World Montessori Appeal Page 2 PUBLIC NOTICE 1,000 A project notice was mailed to property owners within a MO ft. radius of the subject parcels and published in the Saratoga News. FISCAL IMPACTS None. CONSEQUENCES OF NOT ACTING ON THE RECOMMENDED MOTIONS If the City Council reverses the Planning Commission's approval motion and approves the appeal, the applicants will not locate the school at the Immanuel Lutheran Church facility. FOLLOW UP ACTIONS A Resolution will be prepared and scheduled for adoption at the next regular City Council meeting reflecting the Council's action. ATTACHMENTS 1. Planning Commission minutes dated October 22, 1997 2. Staff Report dated October 22, 1997 (with attachments) 3. Letters submitted to City Council 4. Plans, Exhibit "A" heather \ccmemo \immannuel I Planning Commission Minutes Page 3 October 22, 1997 site that is currently occupied by one older home. It is in an R -1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. Community Development Manager Walgren presented the staff report emphasizing that staff was satisfied that three legal lots did exist and that every committee affected by this project had reviewed the request. The consensus of the Commissioners was that there was still enough concern for Lot 2 so they could not approve it. COMMISSIONERS KAPLAN/BERNALD MOVED TO ADOPT THE MITIGATED NEGATIVE DECLARATION FOR LOTS 2, 3 AND 4. APPROVED 5/0. COMMISSIONERS BERNALD/KAPLAN MOVED TO CONTINUE THE PUBLIC HEARING FOR LOT 2 TO NOVEMBER 12. APPROVED 5/0. COMMISSIONERS KAPLAN/BERNALD MOVED TO APPROVE RESOLUTION DR -97 -027. APPROVED 5/0. COMMISSIONERS KAPLAN/BERNALD MOVED TO APPROVE RESOLUTION UP -97 -015. APPROVED 5/0. COMMISSIONERS BERNALD/KAPLAN MOVED TO APPROVE RESOLUTION DR -97 -040. APPROVED 5/0. COMMISSIONERS BERNALD/MURAKAMI MOVED TO APPROVE RESOLUTION UP -97 -009. APPROVED 5/0. 2. UP -97 -012 (APN 397 -25 -095) IMMANUEL LUTHERAN CHURCH/ONE WORLD MONTESSORI, 14103 SARATOGA AVENUE; Request for Use Permit Approval to utilize 8 existing classrooms and two multi purpose rooms on two floors of the Immanuel Lutheran Church for the One World Montessori school pursuant to Chapter 15 of the City Code. Approximately 145 students would attend. A play area would be set up in an adjacent parking lot during the week. The parcel is 3.24 acres in size with 114 parking spaces, located in an R -1- 20,000 zoning district. Walgren presented the staff report recommending conditional approval of this request for i f Planning Commission Minutes Page 4 October 22, 1997 one year. The Public Hearing was opened at 8:09PM. Rebecca Keith, applicant and founder of the school, provided background on their request and how they came to consider moving to Saratoga from Cupertino. Commissioner Murakami questioned and was told that 9 out of the 145 students enrolled were Saratogans. Commissioner Pierce asked and was advised that school was in session all year, with summer classes being shortened. He also asked whether the school could commit to a specified time limit for the permit. They advised him that they really wanted two years, but would settle for anything they could get. Commissioner Bernald asked about other events taking place after school hours and was told that that would be kept to a minimum, possibly two. She also spoke of the extra traffic. The following speakers addressed the Commission: Samuel Fisher, 14227 Worden Way, Saratoga, believed traffic and noise would be greatly increased and that property values would be lowered. Joanne Martens of 14069 Loma Rio Drive advised that 98% of the neighbors were opposed to this permit. Issues were safety, traffic and the welfare of the children: A petition was handed to James Walgren. Craig Stanley of 6027 Evanstone Place, San Jose, spoke of the school's consideration of changing the playground location to the Saratoga Avenue lot. LaVerna Loken of 19962 Wellington Court, Saratoga spoke in favor of the school. Ron Loken of 19962 Wellington Court also approved of this permit. Told the Commissioners that the school was paying the Church for use of the facilities. I ;u Adrian Abate of 14050 Loma Rio Drive, Saratoga mentioned the increased noise. She asked what the hours of operation would be and exactly how long the school would be there. Michael Andres of 14065 Saratoga Avenue objected to the permit. Planning Commission Minutes Page 5 October 22, 1997 Larry Fine of 14075 Saratoga Avenue objected to the increased traffic and mentioned Measure G. Johanna Keith of 915 '/2 Guamero Street, city unknown, said that this would benefit the community. Fiona Rodrigues, 14098 Loma Rio Drive, objected to the increased use of the church facility. Nick Earle of 14965 Jerries Drive objected to increased traffic and that it would go past Saratoga High School on Herriman which was already heavily used. Jim Gasiewski of 15845 Glen Una Drive, Saratoga, reported that his children attended the school and that they were extremely happy with their schooling. Gwen Jacobs of 14091 Saratoga Avenue lives next to the church, objected to the g objected traffic which would be created as she cannot enter her driveway as it is now, and told of a serious accident she and her family suffered because of the traffic in front of her house. Anita Patel of 19413 Blythe Court in Saratoga objected to the increased noise and lack of safety for the children. Pu -Chan Hsu was in favor of the permit as was happy with the schooling provided. Coleen Wagner of 12861 Pierce Road in Saratoga wanted the school there, but as with other Saratogans, had concerns. CHAIR PATRICK CALLED FOR A BREAK AT 9:30PM. Daniel Witt of 20220 John Drive, Cupertino, spoke highly of the education his children were receiving from the school. Lindsay Cunningham of 20230 John Drive in Cupertino was pleased with the school's philosophy and education. Gena Kraft of 20631 Forge Way in Cupertino thought there should be additional lights on Saratoga Avenue to alleviate present and future traffic problems and that allowing this permit would bring additional funds to the community. Planning Commission Minutes Page 6 October 22, 1997 Jeanette Montoto of 824 Abbott Avenue in Milpitas, the elementary administrator, spoke highly of the school's commitment to the community and to the children. Nadko Toyoshima of 12342 Walden Court in Saratoga was in favor of the school permit. Shin -Ming Liu of 20288 Knollwood Drive in Saratoga was in favor of the school permit. Kathy Segura of 1528 Hudson Street, city unknown, spoke in favor of the use permit. David Krall of 340 Schroeder Street in Sunnyvale wanted the school to be given a chance. Lola Ross of 1638 Tyler Park Way in Mt. View was pleased with the school. David Parry of 4635 Catalina Drive, city unknown, spoke in favor of the permit. Karen Bamberg of 14843 Swarthmore Drive in Saratoga was happy with her children's education at the school. Richard Johnson of 13226 Glen Brae Drive, Saratoga, would welcome the school to Saratoga. James Chouw of 13336 Ronnie Way, Saratoga, was in favor of this permit. Stephanie Salvadore of 14050 Loma Rio Drive in Saratoga was in favor of this permit. Mihir Mohanty of 18890 Woodleigh Court in Saratoga was also in favor. Roberta Sheridan of 128 Ada Avenue, Mt.View, was happy with the school. Vivek Pathela of 12426 Titus Avenue in Saratoga was concerned about increased traffic in Saratoga. Paula Bloom of 14150 Squirrel Hollow Lane in Saratoga has lived in Saratoga for many years and was concerned with traffic and safety along the major thoroughfares. Jim Griffin of 14170 Squirrel Hollow Lane spoke of the same concerns mentioned above. COMMISSIONERS KAPLAN/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:45PM. Commissioners Pierce and Bernald did not think that the traffic on Saratoga Avenue Planning Commission Minutes Page 7 October 22, 1997. would be more impacted than it already was. Commissioner Kaplan and Chair Patrick discussed their concerns for traffic. Then, after briefly discussing the use permit and their support for education, the Commissioners all agreed: to allow the use permit for the six months from January to June, to require student's parents to display q p lacards in their cars, placards to require the school to provide a crosswalk monitor for peak hours, and to limit the permit to One World Montessori School. COMMISSIONERS BERNALD/PIERCE MOVED TO APPROVE RESOLUTION UP -97 -012 WITH THE ABOVE CONDITIONS. APPROVED 5/0. 3. DR -97 -048 UP -97 -009 (APN 397 -22 -044 023) SARATOGA FEDERATED CHURCH, 20390 PARK PLACE; Request for Design Review approval to add 356 sq. ft. to the lower level, 932 sq. ft. to the main level and 2,342 sq. ft. to the upper level of the existing 31,906 sq. ft. Saratoga Federated Church for a total floor area of 35,527 sq. ft. pursuant to Chapter 15 of the City Code. The added floor area is necessary to improve the circulation within the building, to bring the building up to current fire and handicapped requirements, and to provide additional meeting room space. Use Permit approval is required to amend the previous Use Permit, to allow the total height of the structure to exceed the allowable limit for the district, and to allow the floor area to be increased. The parcel is 87,000 sq. ft. in size, located in an R- 1- 10,000 zoning district. Walgren presented the staff report. The Public Hearing was opened at 10:55PM. The applicant's ,representative, Paul Davis, architect, signified his agreement with the staff report. There was a brief discussion about the windows and roofing by the Commissioners.. COMMISSIONERS MURAKAMI /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:05PM. COMMISSIONERS KAPLAN/MURAKAMI MOVED TO APPROVE i II I STAFF REPORT WITH ATTACHMENTS l 1 REPORT TO THE PLANNING COMMISSION 1 Application No. /Location: Up-97-012; 14103 Saratoga Avenue Applicant /Owner: Immanuel Lutheran Church/ One World Montessori School Staff Planner: Heather Bradley Date: October 22, 1997 APN: 397 25 095 Director Approval: ili IR MF.T.IIPm 4•I'llairii t, III g-- m il,.. T 1 C-\- 1 111 1111- 111..... 1 i i_ 1.17 I I e i Frei MAN DR 4 V I Ap Ei ‘41 K a J S. a Alk ti 1 ZAPPELLI A4 gf.' 1 II %it �l! m v.1� 1' N. 11E g 111 gill r rr l' Ilt t ,4 ..„.Al lim Ij J DUl3MM Cf 4n 1 5----1 4 11111.14 ge,...,,, _slit, .t 41 i i to- s i is N.,.. .7-06m 4K iv Arli Er Air AO* 1 K Pt I i File No. UP -97 -012; 14103 Saratoga Ave. EXECUTIVE SUMMARY CASE HISTORY Application filed: 9/08/97 Application complete: 10/1/97 Notice published: 10/8/97 Mailing completed: 10/9/97 Posting completed: 10/2/97 PROJECT DESCRIPTION Request for Use Permit approval to allow One 'World Montessori to utilize existing classroom space at the Immanuel Lutheran Church for operation of their school, pursuant to Chapter 15 of the City Code. The subject parcel is 3.24 acres sq. ft. located within an R -1- 20,000 zoning district. STAFF RECOMMENDATION Approve the Use Permit application with conditions by adopting Resolution UP -97 -012. ATTACHMENTS 1. Staff Analysis 2. Resolution UP -97 -012 3. Letter from applicant dated titled Attachment "A" 4. Letter sent to neighbors from applicant dated October 15 1997 5. One World Montessori School Brochure 6. Correspondence 7. Plans, Exhibit "A" 1 I File No. UP -97 -012; 14103 Saratoga Ave. STAFF ANALYSIS ZONING: R -1- 20,000 GENERAL ATION: Quasi Public Facility MEASURE G: Not Applicable PARCEL SIZE: 3.24 acres AVERAGE SITE SLOPE: Not Applicable GRADING REQUIRED: Not Applicable MATERIALS AND COLORS PROPOSED: Not Applicable PROPOSAL CODE REQUIREMENT/ ALLOWANCE LOT COVERAGE: No change 45% HEIGHT: No change 26 ft. SIZE OF STRUCTURE: Church: 17,700 sq. ft. (no change) 17,700 (existing Use Permit) SETBACKS: (all existing) Front: 42 ft. Front: 30 ft. Rear: 115 ft. Rear: 35 ft. Right Side: 153 ft. Right Side: 15 ft. Left Side: 155 ft. Left Side: 15 ft. PROJECT DISCUSSION The applicants are requesting Use Permit approval to locate One World Montessori School in the existing classroom facilities at the Immanuel Lutheran Church. Approximately 145 students would attend from pre school through 6 grade, ranging in age from 18 months to 12 years. The school is currently operating at a site in Cupertino leased from the Cupertino Union School District. Their lease expires in December as the School District is taking back the classrooms for its own use. Eight classrooms and two multi purpose rooms would be utilized by the School on two floors of the existing Church, totaling 7,667 square feet. Additionally, a portion of the adjacent lower parking lot would be used for a playground and play equipment. Parking The parking lot currently has spaces for 114 cars while the required number for Church services is 72. The parking requirement for schools is one space per each employee, which would be a maximum of 20 spaces for the school. With the elimination of 20 spaces for the playground 94 spaces would still be available for parking. l File No. UP -97 -012; 14103 Saratoga Ave. Traffic With the use of this existing facility as a school, weekday traffic during peak travel times on Saratoga Avenue will be affected. As stated in the applicants letter, the school will be open from 7:30 a.m. to 6:30 p.m. and access will be limited to Saratoga Avenue with no additional traffic on Seagraves Way. Additionally, the drop -off and pick -up times are staggered throughout the day so that there will not be a rush of all parents entering the facility at exactly the same times every day. It is estimated that there are 90 parents with children in the school and as many as 15 of them actually work at the school. It is also estimated that there are a total of 17 employees (including parents) who would work at the facility. Peak travel times, as counted in November 1995, were between 7:45 a.m. and 8:45 a.m. with 966 cars and between 2:45 p.m. and 3:45 p.m. with 1,196 cars. Children will generally be arriving at the school between 7:30 when the school opens, and 9:00 when classes start. In the afternoon the children will be picked up anywhere from 12:00 to 6:30 p.m. In addition, this portion of Saratoga Avenue is wider than other areas and would allow for parents heading south to pull over, if necessary, while they enter the parking lot. The road is also wide enough to allow for cars to pass on the right while parents heading north wait to pull into the parking lot. There is sufficient parking on -site to accommodate the peak number of parents and adequate circulation within the parking lot (two driveways on Saratoga Avenue) which should eliminate the potential situation of cars waiting on Saratoga Avenue while the driveway clears. The City Engineering Division also has plans to re -strip Saratoga Avenue within the next month so Staff has included a condition in the Resolution that the applicant hire a traffic engineer to develop a stripping plan prior to the commencement of classes at the facility. This plan would be for a left turn or stacking lane in the northbound lane to mitigate the situation of cars backing during peak hours. Interestingly, the number of average daily trips measured in June of 1995 when school was out of session was 12,721 while in November it was 12,852, not significantly different. The only thing that changed was that the peak times went from 11:00 to 12:00 a.m. and 5:00 to 6:00 p.m. in the summer to 7:45 a.m. to 8:45 a.m. and 2:45 p.m. to 3:45 p.m. in the fall. This would seem to indicate that possibly the same people are using Saratoga Avenue regardless of whether they are bringing kids to school or not. 7I Correspondence Staff has received comments from residences in the surrounding neighborhood expressing concerns with increased traffic, noise and lights during the evening hours. As previously discussed, traffic will be impacted but staff does not feel it is a substantial impact. Further, the access on Seagraves will be blocked so that no additional traffic will be entering that neighborhood. The noise of children in the play yard will be during daytime hours in which ambient noise levels will likely rise above typical levels created by the children. In addition the school will only have small groups of 5 to 12 children outside with their teachers at any one time. Conclusion The proposed use of classrooms at the Immanuel Lutheran Church for One World Montessori School does conform to each of the findings set forth in Section 15- 55.070 of the City Code, and I '1 File No. UP -97 -012; 14103 Saratoga Ave. staff has assessed concerns with increased traffic and noise and found them to be of minimal impact. If the Commission is concerned with any aspects of this proposal they can include conditions of approval limiting the nature of the operation in whatever ways are considered reasonable. If the Commission feels that Staffs analysis of the traffic impacts are not inclusive of all the issues they can continue the item in order to give the applicant the opportunity to have a detailed traffic impact analysis prepared. Staff is therefore recommending approval of the Use Permit. The Planning Commission retains continuing jurisdiction over any approved Use Permit and can always call a permit up for review if unforeseen problems arise in the future. Staff has also included a condition in the Resolution that the Use Permit will be reviewed by Planning the Plannin Commission within one year of commencement of classes to ensure that the school is maintaining a good relationship with the neighborhood and complying with the conditions of the Use Permit. RECOMMENDATION Approve the application with conditions by adopting Resolution UP -97 -012. III, 14103 SARATOGA AVENUE CONDITIONAL USE PERMIT APPLICATION ATTACHMENT "A" I' PROJECT OVERVIEW This application requests approval of a Conditional Use Permit for use of existing classrooms located at Immanuel Lutheran Church for 145 children. The proponent is nonprofit One World Montessori School, which provides educational programs for children from 18 months through 12 years of age. Currently operating on a public school campus leased from the Cupertino Union School District, nonprofit One World Montessori has lost its lease due to class size reduction in the public schools and demographic trends that have left many public schools filled to capacity. During the summer of 1996 California legislation was passed mandating the reduction of class size in grades K -3, to be phased in over a three year period of time. One of the resulting impacts is that school districts are reclaiming and reopening school sites leased by private schools and child care centers, like One World Montessori. In One World's case, despite a fourteen year history at the current site, the school has been given until the end of the 1997 calendar year to relocate. Without a new location, the school will be forced to close. In addition to causing a significant disruption to the lives and education of local children should the school cease to exist, the severe shortage of quality child care in the Santa Clara Valley would be further exacerbated. Immanuel Lutheran Church has existing classrooms that are perfectly suited for use by One World Montessori. The school currently serves 200 children, from approximately 160 families, between the ages of 18 months and 12 years. In addition to traditional academics the school is committed to offering a complete Montessori education, excellent child care, foreign languages, classes in the arts and parent education. Its nonprofit status allows tuition rates to be kept low. Many of the school's current students have been a part of the One World Montessori family since infancy. The school has established a broad based, excellent reputation and is the only school in the Santa Clara Valley that offers a Montessori curriculum through the sixth grade. Since a site suitable for its entire enrollment is not available locally, the school plans to place a portion of its students at Immanuel Lutheran Church and a portion at another site in Santa Clara. While this is not the best possible solution to the school's situation, it is better than the alternative, which is to discontinue service altogether. The shortage of quality child care and schools in the area is a regional problem that will require local, neighborhood solutions such as the one embodied in this proposal. The significant shortage of quality child care in Santa Clara County is well known, and is at the forefront of public discussion. The better private schools in the area are full with waiting lists, and many public schools p hook are filled to capacity. Because of state regulations, zoning issues and an extremely tight local commercial real estate market, it has been very difficult for One World Montessori to find an alternate site. The almost complete lack of available school sites on a regional basis makes it even more important that suitable locations like Immanuel Lutheran Church be permitted by local governments to be utilized particularly since the buildings that will be utilized were originally conceived, permitted and built as a school. The shortage of school site is a crisis which will likely get more severe in coming years given current demographic trends. 1 Solutions to this crisis must come from the community as a whole, and will require political leadership and courage to overcome "not in my backyard" sentiments that are sometimes found whenever schools are proposed in residential areas. Use of the Immanuel Lutheran Church classrooms for a school presents an opportunity for the community to contribute to a long -term solution that will provide direct benefits to Saratoga residents especially children. The precedent has certainly been set in Saratoga for schools located in residential areas, as many are located in residential zones. Behind the scenes of One World Montessori is a committed staff and arent body, many of P Y Y whom are Saratoga residents, who are determined to keep the school thriving. The parent body is composed of professional individuals representing many of the high -tech industry's major companies, educators, entrepreneurs, artists, and full time parents. FACILITY DESCRIPTION The classrooms envisioned for use by One World Montessori at Immanuel Lutheran Church include eight classrooms on two floors with a total of 3,061 square feet, and two large multi- purpose rooms totaling 4,066 square feet, with an adjoining parking lot that is approximately 3/4 acre that is suitable for a playground during the week when school is in session; on Sundays the area will be available for parking. The age breakdown of the enrollment is anticipated to be as follows: Class Infant 16 Preschool 52 Elementary 77 The preschool portion of the facility will be licensed by the California Department of Social Services, and will be located on the bottom floor of Fellowship Hall. The elementary Y school will be located on both floors of the classroom building, and the infant program in the nursery on the top floor of Fellowship Hall, as depicted in the following diagrams: a 2 PARKING As delineated in the attached site plan, the applicant proposes to use a portion of the existing parking lot for a playground. Playground equipment will be installed on a section of parking lot adjacent to the bottom floor of classrooms, in back of the church in an area rarely used for parking at any time, including during church services. Twenty parking spaces will be eliminated leaving 114 spaces on the property, which is more than adequate pursuant to city parking regulations. While the remainder of the lower parking lot will be used at times for recreational activities, it will be available for parking during Sunday church services. Based on a review of parking regulations and conversations with planning staff, required parking for this site should be calculated based on sanctuary seating, as this is the predominant use. Since One World Montessori and Immanuel Lutheran Church will be using the facility at different times during the week, their uses will not overlap. In addition, the classrooms and Fellowship Hall are for use by those attending church, so they should not be in addition to the sanctuary parking requirements. Calculation of parking requirement Regulation: Schedule of off street parking spaces 15- 35.030(h): Places of public assembly, including religious institutions, theaters, lodge halls, auditoriums and mortuaries: One space for each four seats or one space for each forty square feet of floor area usable for seating if seats are not fixed, plus one space for each two employees. Calculation: One seat two linear feet of pew seating. 484 feet of pews 242 seats, plus 37 choir seats 279 seats 4 employees 72 parking spaces required. 114 provided lac r„ CONDITIONAL USE PERMIT This application requests City of Saratoga's approval for a 145 student Montessori school within the existing structure of Immanuel Lutheran Church. Operating hours shall be from 7:30 a.m. to 6:30 p.m., Monday through Friday. APPLICABLE ORDINANCES Findings Pursuant to Saratoga Municipal Code 1.) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the sife is located. Immanuel Lutheran Church is extremely well located for the proposed use. Pursuant to the Zoning Ordinance, school use is allowed at the proposed site with a conditional use permit. The proposed use will be in classroom buildings originally conceived, designed and built for educational use. Traffic impact will be negligible, due to the fact that the site is located on Saratoga Avenue. The site and facility are wholly adequate, in their existing forms, to accommodate the proposed use. The grounds are adequate in size to provide for ample recreation areas, and the facility will accommodate the proposed number of children with minor modifications, primarily consisting of the addition of fencing around a portion of the playground to meet regulations set forth by the California Department of Social Services (DSS), which will license the preschool portion of the facility. The DSS has strict regulations relative to the facility and grounds, all of which Immanuel Lutheran Church and One World Montessori School will satisfy. These facts make it perfectly suited for use as a private school. 2.) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor be materially injurious to properties or improvements in the vicinity. Due to the location of the church and the size of the grounds, there are very few properties in the immediate vicinity. Due to the site's location on Saratoga Avenue, traffic generated by the use will be barely noticeable. Arrival and departure times are widely staggered, with students arriving at school between 7:30 and 9:00 a.m. and departing between noon and 6:30 p.m. The school is closed completely for one week in the spring and two weeks in December, and during the summer months enrollment is a small fraction (20 -30 of the school year enrollment. After school and weekend events are limited to a few per year, and could be further limited as a condition of approval. With respect to noise, given the fact that One World operates a true Montessori program, small groups of 5 -6 children are outside with their teachers at various times during the day. Gardens are planned throughout the campus and adjacent to many classrooms, and learning activities are regularly conducted outside. Therefore, there are no traditional "recess" times where the entire school population is outside as a large group. Real estate experts state that homes located near schools are often more desirable for buyers, and therefore more valuable. There is no evidence that home values suffer from being located near a school. l i l 8 i 3.) That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance. Pursuant to the Zoning Ordinance school use is allowed, with a conditional use permit, at the proposed site. The proposed use will be in classroom buildings originally conceived, designed and built for use as a school. SUMMARY By allowing use of the existing classroom buildings at Immanuel Lutheran Church to be fully utilized, the City of Saratoga will be promoting more desirable living and working environments for the residents of Saratoga by offering additional quality day care and elementary school services to the community. It is exactly this type of local, long term solution that will serve to alleviate the severe shortage of classroom space in the Santa Clara Valley. APPENDICES Appendix A One World Montessori Brochure f 9 OCT -16 -1997 10:31 HILLSBOROUGH SCHOOL 11`y770CJ1 I r tJL I One World Montessori School, Inc. 20220 Suisun Drive, Cupertino, CA. 95014 (408) 255 -3770 Date: October 15, 1997 To: Neighbors of Immanuel Lutheran Church, 14103 Saratoga Ave From: Rebecca Keith, One World Montessori RE: Use of existing classroom buildings for a school Dear Neighbors of Inunanuel Lutheran Church; As you may know, nonprofit One World Montessori School is proposing to make use of existing classrooms on the grounds of hnmanuel Lutheran Church. We are currently operating on the Eaton School Campus, which we lease from the Cupertino Union School District. We have lost our lease due to class size reduction in the public schools and demographic trends that have created a severe shortage of classroom space throughout the area. One of the impacts resulting from class size reduction is that school districts are reclaiming and reopening school sites leased by private schools, such as One World Montessori In our case, despite a fourteen year history at the current site, the school has been given until the end of 1997 to relocate. Without a new location, the school will be forced to close. In addition to causing significant disruption to the lives and education of local children, this would further exacerbate the severe shortage of quality child care in the area. Project Overview Immanuel Lutheran Church has existing classrooms which are perfectly suited for use by One World Montessori In addition to traditional academics, the school is committed to offering a complete Montessori education, excellent child care, foreign languages, classes in the arts and parent education. Its nonprofit status allows tuition rates to be kept within reach of most families. Many of the school's current students have been a part of the One World Montessori family since infancy. The school has established a broad based, excellent reputation and is the only school in the Santa Clara Valley that offers a Montessori curriculum from eighteen j OCT- 16-1997 10:31 HILLSBOROUGH SCHOOL 714998017 months through the sixth grade. Since a site suitable for its entire enrollment is not available locally, the school plans to place a portion of its students at Immanuel Lutheran Church and a portion at another site in Santa Clara. While this is not the best possible solution to the school's situation, it is better than the alternative, which is to discontinue service altogether, as our extensive site search has turned up no other possibility. We anticipate this arrangement to be temporary while we build a permanent campus that can accommodate the school's entire population. The shortage of quality child care and schools in the area is a regional problem that will require local, neighborhood solutions such as the one embodied in our ro sal. The significant shortage of quality P Po q t3' child care in Santa Clara County is well known, and is at the forefront of public discussion. The better private schools in the area are full with waiting lists, and many public schools are filled to capacity. Because of state regulations, zoning issues and extremely tight local commercial real estate market, it has been very difficult for One World Montessori to find an alternate site. The almost complete lack of available school sites on a regional basis makes it even more important that suitable locations like Immanuel Lutheran Church be utilized particularly since the buildings that will be utilized were originally conceived, permitted and built as a school. The shortage of schools sites is a crisis which will likely get more II severe in coming years given current demographic trends. Facility Description The classrooms envisioned for use by One World Montessori at lmmanuel Lutheran Church include eight classrooms on two floors with a total of 3,061 square feet, and two a multi -purpose -purpose rooms totaling 4,066 square feet. There is an adjoining parking with approximately 3/4 of an acre that is suitable for a playground during the week when school is in session; on Sundays that area will be available for parking. The age breakdown of the enrollment is anticipated to be as follows: Class Infant 16 Preschool 52 Elementary 60 I OCT -16 -1997 10:32 HILLSBOROUGH SCHOOL ri.ev =01s, r• L 1 ii The preschool portion of the facility will be licensed by the California Department of Social Services, and will be located on the bottom floor of the Fellowship Hall. The elementary school will be located on both floors of the classroom building, and the infant program in the nursery on the top floor of the Fellowship Hall. Due to the site's location on Saratoga Avenue, traffic generated by the use should be barely noticeable. Arrival and departure times are widely staggered, with students arriving at school between 7:30 and 9:00 a.m. and departing between noon and 6:30 p.m. The school is dosed completely for one week in the spring and two weeks in December. During the summer months, enrollment is a small fraction (2096 -30%) of the school year enrollment. After school and weekend events are limited to a few per year. Access to the school would be via Saratoga Avenue only, as we plan to block off the Seagraves Way entrances during the week. The noise generated by the children's outdoor activities should not be significant because One World operates a true Montessori program, wherein groups of 5 -12 children are outside with their teachers at various times during the day. Gardening and other learning activities will be conducted outside during morning and afternoon work periods. The infant community, elementary and primary groups will utilize the outdoors on different schedules, so there will be no "recess" times when the entire school population is outside together. The playground is planned to be in the lower parking lot, although it could be moved to the upper lot adjacent to Saratoga Avenue if that would be more amenable to the neighbors. We wish to do everything we can to be good neighbors and are looking forward to working together. If you have any questions or concerns, please give us a call at (408) 255 3770. Sincerely, Rebecca Keith, Founder I P1 u if• ik 1 .4, ".t .-r= 1, r. 0104 Z.. .1,'' l 1 4 0 6 i. 1., 0 4. 4 i l' 4 4 4 0 0 1.„ ,..y l 1 One World Montessori School, Inc. 20220 Suisun Drive Suite A 011: Cupertino, CA 95014 (408) 255-3770 II 1 I I 1 3 •P I 0 mETHOD 77 j,' ,'*•,,,Z. ;',•,.'1:71t ORI r'" ''''I''''''''-;t::;,:i '''''''il (1 •:k tt''}!..i,,.;?".;;;L-4:ii,,./...f,:+1.."RA THE M°NrESS =:.1,.. i :e t7, A .cd; 1:,, ---t 4 001. -nagi- ....-...24 r..... d montessori,) 0 eWorl matessari-4 Since.19-79' n p 1 0 v idi ng a complete h .7. I itted to, elient earning ,i comm orates 'an the arts founded e l ses in we a i.i ducation is ,L.. education that inc lancmage as ‘World Dr. Maria Montessori w The Montessori theory of e integrity of the environment, fote.ign i s One and educator. t for the integ e Over the Y ear an sands ot clinnT317',17`Y-',',,s,s: a biding respect developed ed a aeve op unique d parent education= d th an i has educate ou 11. Montessori montessor- r th ei r i r: f as we 1 student. Dr. was an Italian develop 'heir enriched the li or we- .1„......--,,, individual psychiatrist, and natural philosopher, r' excellent concept o their own u p o n a deep f e d u a c n a heir responsibility I world Monte prit-saons, ot.. awareness of their One d I govemm- while fostering an a 0 World is dedicated traditional ducition ....,i'.. interest, w unity. he alternative (C) h Montessori q *A:: c.,,,,,1 d t I o that .1_ s i ng the each _L-hito.uecome -,.7:.,1 for the well-being allows children to children an d humahitY• schools by u L. ,-,2 flit eaen Li.° liai--:' own speed, dream for c .1_ ht, The-oule-ls nm.-of,w ,t'l Montessori's b according eingo f t h e t c o o m m iius00 7. erson, aw-_-.i-,,,, Ph d sell-reliant P ....f. monteSSOTAf,' :v- to manifesting capacities an na independent, -r oneWorki, an from 11 e- achieve a :le '7 he or she wan_ ts with the tools necessary ILEARNING den c hildr e n the c IF and -make-i.upoN115 festing Mon N aca am provides al develop a $ense, c 7,4' .7 c,.„... 5,4:7 ,,,..7:,,,,•:,:;..t A t CHILD their goals, saciet i l- P li• 2 z :•:...---;.°,.t.:',.*.F-`;:S".'il+1 RF0 EVERY' 1; contributio tr° --t.:• "i„ ,,i„,, 7z.l. ENwitoNmENT ____-r2 M-We; 01 ,w3, ,,T year Trug ..,...7„„ Al w ith our .L-u..9,•-,.. -IiableinfTw0,,....1 '....,,ruon&wl _,,t ava ;...s,i. 6-surnmeveRci/ '”:V.'i...."... -^'''-1.:! I:mount, ;,..ns s. ..t-,,-; S „`!..5S eSS's; ',L., shown thacq, Montessori range 0 "iuiv --.7.., s- t ,.!-.,1 One World Monte a 6 children with a wide r ing 'i- -i and l rare i learning environ ment for c individual attention earn ri thildterrconsistently ,...;-n:ii-ihr-r^..,,,,,,,,...4 t 0;;.. :7montesso- 7..-4,;,-iheir-pecn.‘„ -Th=r--,;.....',3 The school's in regar of a bility, is 4-r.''--..:., c i hr' higner. learning; A and abilities. child, regar o ,'-•-$:.;-.:...-x siginDea-n- l' p intercbvt. 4 j,!, ,1--a ideal al because every allow children t sChoolsin the areas•°-- nairditions; ..,,::':-.';,l program is i e School provides an and t o -:;:%t.. .A.....` interperso ..;"t e',".' :4* icipate. and abilities, iladePcuuFe',,___.......;' a bilit y '7,-- -,:i ,:i1 able to part similar interests an i their time als with simi en( i fskin 1•••:.?4.'.•:-ti leadership, and learning •I 1.!....'.-.‘+-i;‘' --;-•-•,r-. find individuals -i-: •PL'Ir.`..4.7 v,,,, i ...1,c:most: 4.,-.. n .,.....„14°.....4...t.tr are...taloa as ..,.7,,vtfia,44..„-$ learn from an al for their i both is optimal -4.: Montes ,nrr rirOgia+++.,"; B„,-,N",n -..,..E', nt that appeal to groupings spend d i i d u a 1 r.montes- r ,-t -term, ,.'•i•-, mater apP 1 4:-:'-tr_ '-s--mlintang'.4Trk.,,--.-."1 ,,.,-17,:z.-z-,v--a,11. h u o ta VI'Vc•-•;'-'errectiv n 'l l- !-'''''.t,i,..4"%t',..--•1.T-.1 development. Di s well as those w and 1 A 4". l'gy ..,...1: 0. .1.A I 4 ..C.4 ,4 si Ial."' learners, a ortive ncor;t5i.,..;'-,.....-4-- and teach ifted and titive, su pportive 1 t v f i- 41 -..7, 4 -A. -,..,Lit't-,,=0-'-eti,-'k..i,:,..;:-....,,- .,.'z- .,:-.,.,Qn,;_°-„4:?...,t in an envi gifted continue ticr4.t!....-1. 'it 411 ,-e..iiiiaten-CQn s ..„1, .„4. i.-,7...,u,,,,iiiatiral the m child. I 1 ‘,..,...,,,Anntessotf. 7jraain.ax. .4,c°“'"' ent for every :=1' 7-- -.-""4 -77- .11" hiirheily.yels°41..., .--1„,,R,,,iitntip,,,.c.-;•.,'74,4 nurturing environment learning mater 4ititistk.d.14T higher c-4,-;?,-:.:-::44 -,i'4.,--.,-,-.=-Y-r,,,z,....1.- e'-,-,',Tf•-t,.74, environment ikc e a r n --„VI.;:,,,,`74, ftaiiithin_se542 ...„..;w 4,^".- -__111,rrrvist ,,...ettrou, .......w--7_ ‘..,,t-,. 4=1 fl iddle. The result is a non pe ....7 ...4 :i;t1: ii:Mint4s(P.„.„!,...:.° aie,•izlizi'ilDe-r-te•-• 1 „.1r.:1 t.e.1".14' s stmt. k."`"tkherl)Pc" 'Iiifr6relrig-10-tA,-' .---..Arinms,lek,:feri and. :-Z.,,--i*,..-....:ty ..V,:,,, 1 rter!ti9P, .77.1*641';',iiiFis4i, amoiVIn a rk -4, 5 k- 4,44,CY •lz 11: r^nijaa.,,::,,,,,"'-',",4 .,..........,,...7 g-mesq' ,Thl,tkIN;;Aftlit“.41c-- 4,,,- a tb---74W.uw.um..ilnin v..k -:-'-:-..;,--i-,...;-,t __.4— tai,„.....A ,,,.......,,------icestecrn,."e---1 bsitiye.•',,.se ,:imixip, -t *ir- i ---At.,,',1#ist,..(Icv49P.-P- .‘..--,„.,0.e.t--°\Zeitiln.-...r.V.' -34 t.... ,,.-..,,f-.' ixe.lii-ixi'iit.',z5,--7. ,---4,*riagyAr.k ,;14 ma i :.1111P.f*rlYtt7r',A.14,1kie,04.51:411.,..,*__ 1 r ..,-*.-t4,-.444.,3_44 witivahuditT d eve l op -LhiiL iituque.51.3 y it to P: tiericetr -"1-ii";-,2-',3 h e l ps ,,-thern. tp:CEpe___ j,, 4„,,,,,--..; -,-,.in,,s44" .-.....'"--,..-q .............-.ur -gualizalh- f 4 t..4e.hiile,4‘4" 'I, -,"..:.•,V,,, --....a.,=.- 1 -1-1)-'-'4"--*-- I NFANT TODDLER PROGRAM An essential aspect of Montessori Education is developing awareness of the interrelatedness of all life and humanity's responsibilities toward it. This is addressed on the Primary level through exposure to the different forms of life and caring Dr. Montessori had a special for their needs. Children also participate in a peace education i vision for the very young program, learning to listen actively, communicate positively, child, and we manifest this and create compromise and solutions. in our infant communit7 program. Here, children 18 THE ELEMENTARY PROGRAM to 36 months learn to care for themselves and interact with one another and their environment in an atmosphere of loving support and respect. Materials and In the Elementary program (grades 1 -6), the focus is on equipment are especially designed to help little muscles developing the whole child through interaction with an develop coordination, helping the child gain independence interdisciplinary curriculum, designed specifically to meet and self esteem. Special attention is given to the development the needs of children at this stage of development. This is of expressive and comprehensive language skills. Parents are implemented through use of extensive timelines which allow given ample opportunities for individual and group the child to discover the interrelatedness of all living things. instruction during this exciting time of accelerated growth. Subject matter includes: anthropology history THE PRIMARY PROGRAM biology life science music other fine arts geography Spanish Montessori believed that all children carry within them the language person they are to become. For them to develop to their mathematics utmost potential, freedom to choose activities within an environment especially designed to help them fulfill their Children are divided into mixed age groupings to foster peer needs is essential. One World's Primary Program (ages 2.5- teaching and spontaneous group interaction. The teacher 6) provides such an environment, making accessible focuses on helping the children discover and fulfill their materials that allow the child to interact with as many maximum potential, acting as a catalyst as they learn aspects of the world as possible, scaled down to his /her academic skills and to use their time effectively and wisely. size. The materials often contain within them a control of This grouping nurtures the feeling of a community consisting error so the child can self- correct without adult of teachers, students intervention. The children learn through doing, and parents. Here, experiencing the joy of individual discovery and mastery students are able to on their own terms, at their own speed. g row not only --�i_ 41 L 3 academically but also 4 emotionally, socially i' and spiritually. I I� DIVERSE_ I FINE ARTS One World provides a sense of community and belonging Through an extensive fine arts program, children experience for the wide variety of families that participate in the school. the opportunity to express themselves in many ways. Our diversity allows students the opportunity to experience Exposure to a wide variety of artistic media enriches school different cultures, customs and religious practices, life and, for some children, encouraging children to welcome, rather than fear, diversity. lifelong interests may develop 1 as they discover innate talents. ej Students are encouraged to a' express themselves through r Irv% drama, music and dance. Q Many opportunities are =r r- i provided to perform, both for 3-'7.44 I' one another and for their S parents. In addition, A t )10 st udents participate in i u p through the Triton r. 1 i 1 iii s Museum of Art and the San r Jose Children's Theater. STAFF The staff at One World Montessori is dedicated to promoting E DUCATION FOR PEACE international understanding, peaceful conflict resolution, and a sense of community. An important aspect of the Montessori Method is the relationship between adult and child. There are no "teachers" at One World Montessori, there are "directors" or "directresses," whose role is to guide and direct One World is firmly rooted in Montessori's philosophy for the child, rather than simply lecture. Directors "kindle the the creation of a more peaceful world. Through it, the school provides children with the tools they need to recognize, flame of interest," then step back in order to allow the child the joy and growth that comes from exploration and understand, and express their emotions in acceptable ways discovery. There are two fully qualified Montessori directors and to resolve conflict through empathy and compromise. Music, quiet moments in the peace garden, and guided in each primary classroom. All other staff members are opportunities for conflict resolution at the classroom peace trained early childhood education professionals. tables are concrete experiences which reinforce these ideals. Elementary classrooms include both Montessori and traditionally trained elementary teachers. A majority of the staff has been employed with One World for more than five years, and many for more than ten. As testament to their faith in the program, many of their children attend the school. I OCT 16 1997 October 16, 1997 PLAwN11La utPT. Fiona Rodrigues 14098 Loma Rio Dr. Saratoga, CA 95070 867 -4213 City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Mr. James Walgren: I am submitting this letter to challenge the use permit application submitted by Immanuel Lutheran /One World Montessori Elementary School for the following reasons: 1. Commercial use in a residential zone area 2. Proposed use violates regulations and /or restrictions 3. Proposed use will create an attractive nuisance 4. Adequate supply of comparable facilities in the immediate area (with availability) 5. Increased use of city services with no or minimal corresponding income 6. A direct encrouchment on privacy 7. Greatly increases use of property a.m. and p.m., Monday- Sunday 8. Current usage will facilitate high percentage of non residents i I j I 9. Increased noise 10. Overflow traffic to residential neighborhoods 11. Increased traffic on Saratoga Ave. /Seagraves Ave. /Loma Rio Dr./ Jerries Dr. /Herriman Rd. and other Saratoga city streets For the above reasons, I feel that an impact study should be initiated to fully explore how this facility will affect our neighborhood. At this time, I also request to be included on the mailing list regarding this issue. Thank you for your time and consideration. Sincerely, Fiona Rodrigues 3 i /5_yy OCT 1 -76z, P L4NNuAIU DEPT 0 74 i r t r 6- ty tg ji 11 14 -'e-fee-A 0 e ••"70 ;6Z-Wrd :6 :s- a414_ 41' ra-te4 IL(■0 -e A a-e-/4.,d a- -A0 1 II I --PLet_ C l l VGA A...e4e0_4" depizod-e4*,v--, jekot, y t7X(et,2__ ©Pi I ,I RESOLUTION NO. UP -97 -012 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA One World Montessori/ Immanuel Lutheran Church 14103 Saratoga Avenue WHEREAS, the City of Saratoga Planning Commission has received an application for a one year Use Permit approval to utilize exiting classrooms at the Immanuel Lutheran Church for temporary use by the One World Montessori school for 145 students. WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission finds: a. That the proposed school is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district. b. That the proposed school and the conditions under which it would be maintained will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impacts. c. That the proposed school will comply with each of the applicable provisions of the Zoning Ordinance. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, and other exhibits submitted in connection with this matter, UP -97 -012 the application of One World Montessori/Immanuel Lutheran Church for one year Use Permit approval be and the same is hereby granted subject to the following conditions: 1. The classrooms shall be located and utilized as shown on Exhibit "A incorporated by reference. 2. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time, modify, delete or impose any new conditions of the permit to preserve the public health, safety, and welfare. This Use Permit is non transferable. 3. This Use Permit shall expire in June 1998 at the end of the Spring session. 4. The school facility is limited to a capacity of 150 students, with operating hours limited to 7:30 a.m. to 6:30 p.m. Monday through Friday. 5. The applicant shall hire a traffic consultant to develop a stripping plan, in coordination with the City Engineering Division, which will mitigate traffic in the northbound lane of •1 Saratoga Avenue by adding a left turn lane or stacking lane. This shall be done prior to the commencement of classes at the school. File No. UP -97 -012; 14103 Saratoga Avenue 6 Access to the school facility is limited to Saratoga Avenue only, Monday through Friday. Parking lot access from Seagraves Way shall have a movable barricade to prevent access to the parking lot except by Fire District and Public Safety personnel. 7. The school shall issue placards for parents to place in their vehicles while bringing their children to, or picking their children up from school. 8. A "traffic monitor" shall be available on site during peak morning drop -off and afternoon pick -up hours. 9. The gate near the existing classroom and parking lot shall not be less than 14 feet in width and shall be controlled by a remote digital transmitter. Subject to the requirements of the Saratoga Fire District. Details shall be shown on the Building plans. 10. All building and construction related activities shall adhere to New Development and Construction Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. 11. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. II 12. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. I i k i File No. UP -97 -012; 14103 Saratoga Avenue PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 22nd day of October 1997 by the following roll call vote: AYES: Bernald, Kaplan, Murakami, Patrick, Pierce NOES: None ABSENT: Siegfried Chair, P1 g ommission ATTEST: 'it Pa Commission 1 I I LETTER SUBMITTED AT THE :PUBLIC HEARING Immanuel Lutheran Church g Saratoga j 14103 Saratoga Avenue Saratoga, California 95070 408- 867 -0822 RECEIVED October 22, 1997 OCT 2 21997 Planning Commission of the City of Saratoga 13777 Fruitvale Avenue PLANNING DEPT. Saratoga, CA 95070 0 f Dear Planning Commission Members: We are in favor of a 2 -year lease arrangement with the One World Montessori School on the following grounds: 1. This proposed temporary use is consistent with the design and purpose of our facility. About 20 years ago, we held a small special education weekday school in the currently proposed space. We want to continue to make our space available as a service t� the community. The traffic flow in and out of the parking lot can be managed to avoid impacting homes on Seagraves, Jerries Drive and June Way. Any noise impact to our neighbors will be reduced by establishing the play area in a gated and fenced upper parking lot at the corner of Seagraves and Saratoga Ave. The noise from passing traffic will exceed that of the small groups of children using the play area. Our church council very carefully investigated the One World Montessori School and found them to be neat, well- organized, fiscally sound, and quiet. They are a first class private school. 2. This use is consistent with our mission as a benevolent society in Saratoga. Our worshipping community is concentrated within a 5 mile radius of the church with the purpose of serving Saratoga first and the neighboring communities in which we live, work and go to school. Immanuel Lutheran has always endeavored to share our facilities and benevolent giving. We have opened our doors to numerous other non profit community groups including: the Red Cross Blood Drive, Polling Stations, the Boy Scouts, prayer groups, local charities, Alcoholics Anonymous and several others. Some make a donation toward the maintenance of the facility. Others do not. We have averaged $1000 per week in benevolent giving which exceeds $1.5 million throughout our history here. All such funds received go toward maintaining the campus or benevolent causes. We believe that we should be permitted to continue functioning as other churches in the community, who also use their campuses for purposes for which the property was zoned, approved and built. 3. While we understand that there will be minor inconveniences associated with having a day school meet Monday through Friday, the greater good is served by permitting this use. We have endeavored over the course of 33 years to be good neighbors. Our neighbors have told us that we have been successful in this endeavor. Currently, we are taking our neighbor's concerns into consideration so that the greater good may be achieved. We have and will continue to welcome comment from our neighbors which will help us minimize any unfavorable impact on their properties. With the weekday closing of parking lot entrances off Seagraves Ave, and the re- striping of the widened portion of Saratoga Ave. To include a left -turn lane, we believe traffic flow will not be impeded. The greater good is that a quality private school with 90 families and their children (many families living in Saratoga) will be allowed to continue operation temporarily on our campus, while they are preparing their own permanent campus elsewhere. Without this current proposed use, they will likely have to close. We humbly urge the granting of a conditional use permit for the One World Montessori School to use the Immanuel Lutheran Church Campus for a period of up to two years. Thank you for diligently considering this matter. Respectfully submitted: I Bill Avery, President, for the Immanuel Congregation `And his name shall be called Immanuel, which means, God with us. Matt. 1:23 f i I I PETITION AGAINST IMMANUEL LUTHERAN CHURCH PERMIT FOR ONE WORLD MONTESSORI ELEMENTARY SCHOOL/DAYCARE II I NAME ADDRESS PHONE 173 j 6z 1 �0 �5 (W Y catA,ev l"0 8'6 7 0 Mr, 4M C re tiirfer Jr. IIlga *(T rvIe<SDr, /7 l 9:2 o� n //ks k/i4c t ?Z 2 Q 56- -.zo3 i 2 H 79"Y 11.c5 f ”�/.S P v n.0 n v`Q [5�n7 5// 1 3/7 0 6f v e gC7 a.00 l d -r- -/-cr y QaJ 7 7 7 /44.4 d i al ri• aOOy Alv i /rte 77) e07 d'lr -4. 416 7 40, at u a c PI 7 p� G -i► ke-Pyhju "Aa4A, MY. -Fi h- T, maw- 7 1 J kcy Ps 0 r, gr6 -7 4 9 (j 441 s 4 V 6777 91 f WSJ �i a 4„,,949 7' 7 Cx iy,eo 211 I C e 1� i I PETITION AGAINST IMMANUEL LUTHERAN CHURCH PERMIT FOR ONE WORLD MONTESSORI ELEMENTARY SCHOOL/DAYCARE NAME ADDRESS PHONE ci b1/24 "fr r6 164 ML4 \Ciktinou 1 1-114 iltv r6)*(91 f .t4 fJf7` �i-, /L /zI )/i -a C a-, 7 c// 5 54zw thAdetty �"l3zJ -E /4 41 6 t ).-73n( al ry v -tic lad' 1 torn-(A_ R2.1 a Pk 34 cfv Cf 1 �%��70 X67 -675S" U iM avici C..aro( /y/76 5 /l v /low,fam-''or, 5673`/,577 1: rr 2/74-1'17 /4y, /e l rh ?47 77 Y' f .2 rrte w 7 f a,svi l L9DS K in-ma fin r. '7111-.22/e i ,174 "9 g-‘ -OeS 46 FWAL I NIMIr r i M /1 h- Iht,.eA l c id S 11- o IoW g67 42_ to j --x(3 re)vt_e_10- 640 l, e IN3 1ei/i/t e ,0 54AAJLQ. 7- Q5 4 A e 47v PETITION AGAINST IMMANUEL LUTHERAN CHURCH PERMIT FOR ONE WORLD MONTESSORI ELEMENTARY SCHOOL /DAYCARE NAME ADDRESS PHONE d L *v' ;efb Ac 6i' 7 --V& 2 WWI t D Rld !J/2. 5C) -1� �'5�7� 3° G k 4/0 G Jao� 1 �1s�i" x'67- s`7�s3 241(-fr)ti C- J �,dw /1 04 c. 970 St4T /Yd (io Jam. Sara 95e 7 /--e6 ce Yuan Kwe; i-r u (4076 Loma_ Rio Dr,v' o,k-c r 3'070 e67-6741 aii fit Low.et.0 g67-673 7 _e41 05 409 X; d 772 e Dritt igeti-fe f q-- _p ---&,,/?.---49dN Oef t /-4fAx-)(--- 0/1-i- 4 d S //J0, e6 ir 1 .rkzifo4 037 ,sr 464, 8491- 9 ,A l q 5' r e. Poi/b0 06 -o (90 c'y telah-r 14wqm,ja-riblegino g67-27j, 1/4 1( PETITION AGAINST IMMANUEL LUTHERAN CHURCH PERMIT FOR ONE WORLD MONTESSORI ELEMENTARY SCHOOL /DAYCARE NAME ADDRESS PHONE j A, zia 5/ ka-frui-14, -4 accc i /17 j 862-or-/9/ 11,/ �q- et‘ ci 7- q3 4 a A .I. r 4 !IAA L 1 K.1- 1 o 7 1 4 Cifq 2 7-otfl u PETITION AGAINST IMMANUEL LUTHERAN CHURCH PERMIT FOR ONE WORLD MONTESSORI ELEMENTARY SCHOOL/DAYCARE NAME ADDRESS PHONE A rl-f J r 817_0=2_3 z r- PETITION AGAINST IMMANUEL LUTHERAN CHURCH PERMIT FOR ONE WORLD MONTESSORI ELEMENTARY SCHOOL/DAYCARE NAME DDRESS PHONE 1 /02 •,4 rd� j .r 9 PC7 3 0 7 b j 1- I4 /al 1 '1 LovEt- e'r. R6IS -R6!2, r 4 (Z ,.u11f�LI A LL /IUI �i 61 A LLt/1 2-2-g L 47 -26 Pf2Vre 11 P llif C(40 VA-1/ EOP ti a 4 /Fr/J/ 2o& N4 r er a `l f W .ktA9/0-1.4.A, 2-1-y It.tu4ALAA-et a F0 30,740 64 `v i! I ADDITIONAL LETTERS 1 1 November 14, 1997 Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Council Members: We are writing in support of One World Montessori School's conditional use permit (UP97 -012) for temporary relocation to Immanuel Lutheran Church, 14103 Saratoga Avenue. As you may know, One World was notified unexpectedly less than a year ago that its current lease will be terminated by Cupertino Union School District, which needs the space to implement class -size reduction. Since then, it has conducted an exhaustive search for a new site, but has been hampered by the tight real- estate market and by State regulations that make vacant commercial space unsuitable for a school. It has gotten approval for financing, and is awaiting consideration by the Planning Commission in a nearby community, for a permanent home. It is also actively seeking alternate sites as a back -up. One World is a not for -profit corporation. Its Administrators are professional teachers, not business people. While they have operated the school successfully for many years, they and the staff they employ are truly motivated by their students' interest, not by financial considerations. We appreciate the neighbors' concern about existing traffic congestion on Saratoga Avenue. However, One World is unlike many other schools in that a large percentage of students and teachers is on a staggered day -care schedule, with drop -off and pick -up times spread throughout the commute and mid -day hours. Also, One World is small compared to most public schools, and would cause a very small percentage increase in traffic on Saratoga Avenue. Thus, we believe the impact on overall traffic will be muted and will not jeopardize the neighbors' or the children's safety. Our experience has been consistent with the well publicized difficulties parents face in finding high- quality child care and elementary- school programs that meet their children's individual needs. It would be a distressing reflection on all our local communities if One World were forced to suspend operation in January for lack of a site. Our daughter, age eleven, started at One World when she was four. One World guided her growth for seven years both academically and as an individual. Although One World's approach to education is non competitive, she was accepted and began this fall at Castilleja School, a highly regarded middle and high school for girls in Palo Alto. In researching post -One -World options for our daughter, we contacted and visited schools from Palo Alto to Los Gatos. In the process, we reinforced our impression that One World is a valuable, and in some ways unique, resource for families in Santa Clara Valley. Our son, age seven, entered One World's "Infant Community" before he was two. He began second grade this fall, and we hope he'll complete his elementary education at One World, which is like an extended family to us. Your decision will have a major impact on the life of our son and of many other children at One World now and in the future. Thank you for giving it your thoughtful consideration. Sincerely, A la D. Grindon es Morton 20607 Paradise Drive, Cupertino, CA 95014 II I i 1 November 5, 1997 l f Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 1 I Dear Council Members: Members of the community surrounding the Church have the opinion that the decision by made b Immanuel Lutheran Commission did not follow findings of fact. For City Planning other reasons, we areappealing this, and several regarding Immanuel Lutheran Church's Application Commisions Decision, use permit. Pp cation for a conditional In reviewing the city regulations for issuanc me in particular draw a of this use permit, let y Findings for issuance of use e permit that 15- 55.070(b) (b) "That the proposed location of the condit use following: the g conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements i n the vicinity." Every commissioner on the panel confirmed that safety and traffic problems on Saratoga Ave a there are existing additional 350 -400 cars per day would not Y t felt t an tal public health, safety or welfare of the surrounding coommun t th disagree. To our knowledge. a ltY• We completed. Therefore n g recent impact study has yet to be findings of fact is neglig granting this use permit without current Furthermore, this decision -was made ignoring the fact that o f the surrounding community signed and 98% in submitted petitions stating their opposition to the granting of this permit. Thank you for your time and consideration on this matter. Date: Sun, 23 Nov 1997 14:55:57 -0800 From: Marcia Fariss Marcia @Gizmology.com> To: City Council Members <saratoga @statenet.com> Subject: Lutheran Church rental for daily classes Mayor Moran, City Council Members, Unfortunately I will be unable to attend the Dec. 3 meeting as I will be out of town. It is my understanding that one of the agenda topics is the neighbors' appeal of the Planning Commission decision to approve a 6 month lease of the Lutheran Church to a private elementary school. My only concern is traffic congestion. It is obvious that Saratoga Avenue traffic between 8 AM and 8:45 AM is already nearly at gridlock. Significantly contributing to the work commute congestion is the "drop off" of the St. Andrews and Sacred Heart students. Southbound Saratoga Avenue traffic is already backed up almost to Lawrence Expressway in the morning; Saratoga Avenue cannot really absorb any more traffic during the morning commute. Therefore, solely on the basis of additional traffic congestion, I oppose the Planning Commission's approval of the Lutheran Church's leasing their classrooms. IF there is a way to delay the (Montessori School's morning class time such that it TOTALLY avoids the morning commute time, then I would support a 6 month trial lease. If the school is not willing to delay the start time of their morning classes till at least 9:30 AM, then I feel that the lease should be denied. Thank you for considering my opinion. Marcia Fariss Saratoga Glen Place II I III i I I TO: City Council Saratoga, California Saratoga, California November 24, 1997 STATEMENT TO CITY COUNCIL OF SARATOGA PERTAINING TO THE HEARING DECEMBER 3, 1997, D 1 ti' J ON USE PERMIT APPEAL, UTILIZATION OF FACILITIES NOV 2- 4 947 IMMANUEL LUTHERAN CHURCH AT 14103 SARATOGA AVENUE (AT SEAGRAVES WAY), SARATOGA, AS SCHOOL PREMIgf[�� SARATOGA 14iAp: R:GdR's op'p'ICE 'I 1. Notice is hereby given that the undersigned reserves all rights to challenge the subject project in a court of law on the issues described below. 2. I object to the issuance of the subject use permit as follows: (a). The original permit to build class rooms and multi purpose rooms on the church premises was granted concomitant with assurances given by the church community that the facilities in the future were not to be used as a school other than a Sunday school. With such assurances, no objection was made by me to the issuance of the original facilities permit. Issuance of any school permit now is in direct contradiction to representations originally made by the church community. (b) Granting of a school use permit at this location is a de facto rezoning without proper proceedings. Such proceedings should include full consideration of the following neighborhood issues: (1) adverse environmental impact; (2) adverse automobile traffic density and hazard impact; (3) adverse automobile exhaust pollution impact; (4) adverse noise impact; and (5) consequential adverse property value impact. (c) Granting of a school use permit at this facility is in direct contradiction to representations of the church community that a school was not to be established in the future at these facilities, leading to the anticipation by nearby residents of a continuation of their right to quiet and peaceful enjoyment of domicile and a residential quality of life. Utilization of the facility as a daily school will cause personal injury to my health and welfare and will cause monetary devaluation of my adjacent residential property. (d) The proposed school is not an official or sponsored activity of the church community, but rather is a separate and private enterprise and the letting or renting of church premises in such circumstances represents a quasi commercial encroachment into a wholly residential neighborhood. (e) An overwhelming proportion of the residents of the affected neighborhood opposes the estab- lishment of a school at this location. 3. In view of the foregoing, I ask the council to deny the issuance of a use permit for a school on a temporary or any other basis at the Immanuel Lutheran Church property at Saratoga Avenue and Seagraves Way. 4. I ask for favorable action and offer my thanks in advance to the Council for its careful and judicious consideration of my statement. A. E. TARTT, Property Owner 14183 Saratoga Avenue Northwest corner of Saratoga Avenue and Seagraves Way Saratoga, California 95070 (408) 867 -1614 A. E. TARTT 14183 Saratoga Avenue Saratoga, California 95070 -5420 (408) 867 -1614 November 24, 1997 SPECIAL POWER OF ATTORNEY To whom it may concern: I hereby grant to my daughter, Kathryn Maguire Linthicum, special power of attorney and authorization to act in my interest and as my representative before the City Council, City of Saratoga, in the matter of appeal to issuance of a use permit for a school in the facilities at Immanuel Lutheran Church at 14103 Saratoga Avenue, Saratoga, California. A. E. Tartt i Temple W. Neumann 14939 Jerries Drive Saratoga, Calif. 95070 November 24, 1997 Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 Subject: Dec. 3, 1997 Hearing on Appeal of Use Permit for Montessori School at Immanuel Lutheran Church, Saratoga. Dear Sirs: WE ARE LONG TIME RESIDENTS OF SARATOGA AND URGE YOU TO REVERSE THE APPROVAL OF THE SUBJECT USE PERMIT. We live on Jerries Dr. which is a residential street. Jerries Dr. dead -ends on Herriman on one end and (through its continuation streets, Loma Rio and Seagraves) with Saratoga Ave. on the other. These two connections are the ONLY ways into or out of Jerries Dr. At the close of the school day at Saratoga High School, traffic leaving the school currently backs up for a block or more, including blocking the exit from Jerries Dr. to Herriman, as it encounters the boulevard stop where Herriman enters Saratoga Ave. That leaves residents on Jerries Dr. only the connection where Seagraves enters Saratoga Ave. for entrance or exit from out homes. The City has now approved the subject Use Permit for another school located exactly at that intersection! This is preposterous! THAT PERMIT SHOULD BE REVOKED! Not only does the approval of this Use Permit represent an inconvenience to residence, it also represents a distinct danger related to the limitation of access of emergency and service vehicles to this residential area. Furthermore, it is unreasonable to assume that all traffic in and out of the Montessori school will use Saratoga Ave. exclusively. Parents coming from Cupertino (the location of most of the families using this school) will find the short-cut down Herriman and Jerries Dr. to be preferable to Saratoga Ave. There are many families with small children living on Jerries Dr. and its continuation streets (Loma Rio and Seagraves). Families on these streets have had to privately post speed warning signs because of cars exceeding the speed limit on these residential streets. The City has seen fit to place their electronic speed trailer on these streets as well in order to slow the trafic. These actions have been necessary even before the City's approval of the Montessori school. The conditions will only worsen if the school is permitted to open. Please be informed that we are personally strong supporters of high quality education, and particularly of private school education. We strongly support the existence of such schools in Saratoga, and the benefits they bring to our community..: Education is not the issue. Safety and the preservation of the residential nature of our neighborhood, is. The proposed school is simply not appropriate for the intended location. Please reverse the approval previously granted for this Use Permit. As an additional matter, we were disappointed in the presumptive actions on the part of the City in the approval process for this use permit. Although clearly impacted by the issue of the school, for the several reasons outlined above, we were never officially informed about the pending action by the City. Concerned residents, living closer to the church than we do, informed us of the pending action. We were out of town at the time of the approval meeting and therefore could not attend, but were signers on the petition circulated by concerned residents. It appears to us that the approval process provided less than a full and open disclosure to all effected residents, that this lack was premeditated in the interest (on someone's part) of getting the permit approved before residents could mount significant objections, and before full consideration was given to all of the possible effects of this action. We are pleased that the matter is now being reviewed by the full Council and hopeful that that action will take into account the significant_ negative impact on a major residential neighborhood. Sincerely, 7 ,704 Mr. and Mrs. Temple W. Neumann 1 i Al i IIII 13479 Beaumont Ave. Saratoga, CA 95070 Nov. 23, 1997 Gillian Moran City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Dear Ms. Moran, We are writing to protest the permit given to One World Montessori to relocate their school to Immanuel Lutheran Church. This brings no benefit to Saratoga but will contribute to the already heavy traffic on Saratoga Ave. We are unable to attend the Dec. 3 council meeting so hope that this letter will suffice to make our views known. Sincerely, Alice S. Patrick David K. P ick I November 22, 1997 1 City of Saratoga r Gillian Morari I 13777 Fruitvale Ave: Saratoga,.Ca 95070 Dear. Mayor; 1 Our house is located At 14280 Saratoga Ave I am not in favor of. the One World Montessori relocating their school to Immanuel Lutheran Church. 1 My reason is primarily. the increased traffic on Saratoga Ave. which'is already r heavy too often: On certain days I can't get out of my driveway without waiting for several minutes. More traffic will only make, this situation worse.' I have always'supported any action approved by the, City Council or the Planning Commission. Houses on both sides on me have been enlarged with m'y, approval._ However, not being able to back, out of'my driveway without long delays is becoming a problem. I feel this school will only add to the problem g p i Your consideration of my opinion on this matter will be greatly appreciated.'. •Regard Dan W.: Floyd: h 14280 Saratoga Ave 4 .Yr tr. J A Y M. B -L 00 M, D. D. S. Saratoga City Council 13777 Fruitvale Ave. Saratoga, Ca. 95070 October 26, 1997 Dear Council Members: As 25 -year residents of Squirrel Hollow we are very concerned about the impact a school at Immanuel Lutheran Church would have on our quality of life. With 145 children at the school there would be between three and four hundred additional car trips onto Saratoga Avenue and into our neighborhood. Traffic has already grown exponentially on. Saratoga•Avenue with.the.opening of Highway 85. On Thursday and Friday evenings the cars are often backed up Saratoga Avenue from the Fire Station downtown to Herriman. Trying to make a left turn onto Saratoga Ave. from Seagraves can be a dangerous maneuver because one can not see past the line of cars on the right to check for oncoming traffic. Neighbors on La Paloma tell of their street being used by impatient and often speeding cars trying to circumvent the traffic light downtown. The fact that the school would be open from 7:30 in the morning until 6:30 at night is a further concern. That makes for traffic all day long no breaks for residents. Currently, there are two churches using the Immanuel buildings, that means two different church groups accessing church facilities at different times. Adding a school would certainly maximize the use of the facilities almost non -stop from early in the morning until well into the evening at least six days a week! We are very disappointed that Immanuel Lutheran did not attempt to meet with any of the neighbors prior to their decision to invite an existing school to locate to their church. Then when the Planning Commission hearing notice was sent to us, it was very misleading. It indicated only that the school wanted a use permit for a preschool of 145 children. There was no mention of an elementary school or full time day care. It is our understanding that Immanuel wants its own school at the Saratoga Ave. location after One World Montessori has found permanent quarters. If that is the case, it is really imperative that issues are resolved now! We are angry that the needs of a school from outside Saratoga take priority over the needs of local residents who have worked long and hard to buy and maintain homes here. We moved to Saratoga for the beauty, peace, nice neighborhoods, etc. and find it very distressing that in one evening, without any impact studies, the decision was made that noise and traffic will not be major problems for the neighbors of Immanuel Lutheran Church. Changes have been coming to Saratoga so quickly over the last few years. Not all changes are good ones! We hope that you, the Saratoga City Council, will reconsider the Planning Commission's decision and ask for an impact study on traffic, noise, and suitability of Immanuel's location for a school. One's home should be a refuge from the stresses of the outside world. Please don't allow those stresses to be brought right to our doorstep in the way of further traffic and noise. Thank you for your consideration. truly y ou s ,84-o---„„i 1 4 5 1 5 S o B a s c o m A v e n u e L o s -G_u t o s C A 9 -5 -0 3 2 4 0 8— 3 5'6 6 1 0 -6 1 r s l 1 rr4 V riY•31.:".i.:!.. ti, c '..{..•...14". ,t, _:141:.:..... 7 f a r J 4F ti._h(s '_'N. AjCI'd 1 s. F j a L f. ,.1...,,,V-:,7. _,4 1 c.t• z i slt oY•1fb4 0.1._____ 4 S 4r �a r WSJ -,t. r7. wt:._ r.. i l'''- .1 III; 0 O j oft Less i 111111-1 fliers/ 1- lJce j I I et r `I� .t ti Fellowship Hall 1�M ?t l /_,,iY ..�F7 i �'/'3R 9 fi e :-'1.1 ash •4 d f A .:114 _J• 117/// �/1 h s t 1\. ...04. c 1,.` t e t a, t., >I� _�F� h' /:r .1'r g:ij :7'1 ..-..4:: e Nursery p TMA I'-.':•..:: 'k' aJY f 17 r j !.'O C l9t +uev� a.l dr� A j `fir r 7 M .s= s2�: -,4., 1 ...ii.dbo-r--- �i& 3J L L i j .I V L L h i J I a r is „1-..., 4 ,7 f x araTa+aA AverW6 A q Hu tier of students in each holding. Fellowship Hall 52 Preschool S s Nursery 16 Infants r R,J Clas 77 Elementary ft 7 1 E E 1 E3 1T A Total 145 ii�ee���+ 1 Q I l% N I _______I _____________I _.____________1 I 1 I I 169 sq ft 4 f Classroom #2 iI I i I j 1 I Class room #3/5 Class room #4 349 sq ft i 355 sq ft i ii i 1I j I l 1 1 Class room #6 1 169sgft j 1 f r I IMMANUEL LUTHERAN CHURCH 14103 Saratoga Ave Saratoga CA 95070 Upper Level Classroom Building Sheet 1 If 77 1 1. f7 Clas mvm#e 2 mm�n j i j 1_ rd L LI_______ IMMANUEL LUTHERAN CHURCH 14103 Sa Saratoga CA Lower Level 95070 Classroom Sheet 2 D cc. o o II I i 0 J 71\ I 1 Upper Fellowshi p Hall I 2214sgft 2 I 1 1 j X11! 1 Ili I ill .1 1 if I L II I IMMANUEL LUTHERAN CHURCH 14103 Saratoga Ave Saratoga CA 95070 Upper Level Fellowship Hall Sheet 3 y s J I F i --7 Lower 1852 sq Fellowship ft Hall i 1 F L��ml ill iuuhlu IMMANUEL LUTHERAN CHURCH 14103 Saratoga Ave Saratoga CA 95070 Lower Level Fellowship Hall Sheet 4 II 14969 Jerries Drive Saratoga, CA 95070 November 26, 1997 Mayor. City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Use Permit for One World Montessori I support the appeal to overturn the use permit granted to the Immanuel Lutheran Church for the Montessori school I am against granting the permit for two reasons: (1) increased traffic and (2) a faulty review decision process by the Planning Commission. Those of us who live on Jerries, Gerneil Ct. and June Way rely on Herriman Av. as our primary access to Saratoga Av. With no stoplight at that intersection, it is a always a risky move to get on to Saratoga Av. During school hours the backup from the intersection sometimes reaches down Herriman to the Saratoga Creek bridge which blocks our ability to even get on to Herriman. Any increased traffic on Saratoga will compound an already serious problem. It is obvious to me that many of the prospective students coming from Cupertino will use the most direct route to get to school: turn off of Saratoga Sunnyvale in front of the High School and use Herriman to get to school. Thus we in the immediate neighborhood get a double penalty- additional difficulty accessing Saratoga Av and further restriction getting out of our neighborhood to go anywhere. My second objection is the inadequate analysis of this matter by the Planning Commission, Chapter 15 of the City Code concerns Zoning. It includes the purposes of zoning regulations and the responsibilities of the Planning Commission to carry them out. I have listed five of these purposes which I consider to be of relevance to this issue: a) control physical development of the City, in such a manner to preserve it as a residential community c) foster a harmonious, convenient, workable relationship among land uses d) minimize traffic congestion I) facilitate appropriate location of community facilities and institutions o) protect and enhance real property values within the City To issue a use permit, the Planning Commission is charged with determining if the proposed location is in accord with the Zoning Ordinance and the conditions under which it would be operated will not be detrimental to the public health, safety or welfare or injurious to property or improvements in the vicinity. I attended the Planning Commission hearing on this permit and in my opinion the Commission did not perform a review which came close to considering the points specified in the City Zoning Ordinance. Instead the Commission listened to about one hour of objections from the neighbors after which it decided the comments had become redundant. After a break, the proponents presented their case for the permit which was based primarily on the benefits and attributes of the Montessori educational program. There was no cutoff time placed on the applicants although their statements were very redundant. In the discussion which followed several members appeared to vote for the permit mainly because of the educational program which they admired. Increase in traffic was acknowledged, but its overall impact would be indistinguishable. There was no consideration to the other zoning considerations I listed above. I conclude that the Commission did not do a reasonable evaluation. I recommend that the City Council consider the points the Commission should have addressed. Sincerely, Sam Mitchell Immanuel Lutheran Church of Saratoga 14103 Saratoga Avenue Saratoga, California 95070 408 867 -0822 November 21, 1997 Planning Commission of the City of Saratoga 13777 Fmitvale Avenue Saratoga, CA 95070 Dear Planning Commission Members: We, the Immanuel Lutheran Church of Saratoga Council, representing our 764 members, are in favor of the approval of the resolution as passed by the Saratoga Planning Commission on October 22, 1997. Some of our neighbors have appealed your decision on the basis of several concerns. Noise There will be some level of increased in noise during the weekdays, as small groups of supervised children will have recess time. Safety Parents bringing their children to school and childcare represent the slight increase in traffic. We do not believe this is high -risk type of traffic. Saratoga Avenue is designed to be a major traffic artery and that is one of the reasons that six churche's are located on Saratoga Avenue. We do not feel that this increase in traffic will significantly impact traffic patterns and safety between 7:30 a.m. to 9:00 a.m. and from 12:00 noon to 6:30 p.m. Use of Our Church Campus We strongly feel this is proper use of our Church Campus. However, we do not have any long range plans to have a school of this size. There has been interest to restart the school we once had that served a small number of students that were disabled in their ability to learn in a regular school type setting. Our school did not exceed fifty students. We required One World to file for a use permit because of their size. One World is a type of school that needs and deserves a chance to survive. Their survival or demise is now dependent on this decision and comes down to a matter of days during this holiday season, not months. Our classrooms are available and meet the requirement for the school without additional construction other than a tan bark playground area. Having One World using our facility is the type of outreach that Immanuel Lutheran Church feels is within the mission of our Church. We do make our facilities available midweek from time to time to community, non -profit organizations. Such groups are generally less than 50 persons. We humbly urge the approval of the conditional use permit as defined in the resolution passed by the Saratoga Planning commission, for the One World Montessori School to use the Immanuel Lutheran Church of Saratoga Campus. Respectfully submitted: Bill Avery, President, for the Immanuel Congregation `And his name shall be called Immanuel, which means, God with us. Matt. 1:23 Immanuel Lutheran Church of Saratoga 14103 Saratoga Avenue Saratoga, California 95070 408 867 -0822 October 22, 1997 O Planning Commission of the City of Saratoga O 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Planning Commission Members: We are in favor of a 2 -year lease arrangement with the One World Montessori School on the following grounds: 1. This proposed temporary use is consistent with the design and purpose of our facility. About 20 years ago, we held a small special education weekday school in the currently proposed space. We want to continue to make-our space available as a service to the community. The traffic flow in and out of the parking lot can be managed to avoid impacting homes on Seagraves, Jerries Drive and June Way. Any noise impact to our neighbors will be reduced by establishing the play area in a gated and fenced upper parkng lot at the corner of Seagraves and Saratoga Ave. The noise from passing traffic will exceed that of the small groups of children using the play area. Our church council very carefully investigated the One World Montessori School and found them to be neat, well- organized, fiscally sound, and quiet. They are a first class private school. 2. This use is consistent with our mission as a benevolent society in Saratoga. Our worshipping community is concentrated within a 5 mile radius of the church with the purpose of serving Saratoga first and the neighboring communities in which we live, work and go to school. Immanuel Lutheran has always endeavored to share our facilities and benevolent giving. We have opened our doors to numerous other non -profit community groups including: the Red Cross Blood Drive, Polling Stations, the Boy Scouts, prayer groups, local charities, Alcoholics Anonymous and several others. Some make a donation toward the maintenance of the facility. Others do not. We have averaged $1000 per week in benevolent giving which exceeds $1.5 million throughout our history here. All such funds received go toward maintaining the campus or benevolent causes. We believe that we should be permitted to continue functioning as other churches in the community, who also use their campuses for purposes for which the property was zoned, approved and built. 3. While we understand that there will be minor inconveniences associated with having a day school meet Monday through Friday, the greater good is served by permitting this use. We have endeavored over the course of 33 years to be good neighbors. Our neighbors have told us that we have been successful in this endeavor. Currently, we are taking our neighbor's concerns into consideration so that the greater good may be achieved. We have and will continue to welcome comment from our neighbors which will help us minimize any unfavorable impact on their properties. With the weekday closing of parking lot entrances off Seagraves Ave, and the re- striping of the widened portion of Saratoga Ave. To include a left -turn lane, we believe traffic flow will not be impeded. The greater good is that a quality private school with 90 families and their children (many families living in Saratoga) will be allowed to continue operation temporarily on our campus, while they are preparing their own permanent campus elsewhere. Without this current proposed use, they will likely have to close. We humbly urge the granting of a conditional use permit for the One World Montessori School to use the Immanuel Lutheran Church Campus for a period of up to two years. Thank you for diligently considering this matter. Respectfully submitted: Bill Avery, President, for the Immanuel Congregation "And his name shall be called Immanuel, which means, God with us. Matt. 1:23 4-6 z <to Korve Engineering MEMORANDUM TO: Craig W. Stanley, One World Montessori VIA FAX: 323 -1484 FROM: Dennis Struecker, Korve Engineering DATE: December 1, 1997 SUBJECT: One World Montessori Saratoga PROJECT NO. 497108X0 Introduction This memorandum has been prepared to document the results of our traffic analysis conducted for the proposed accommodation of 145 children in the existing classrooms at the Immanuel Lutheran Church in Saratoga, located at 14103 Saratoga Avenue. The purpose of this analysis is to generally assess the effect of the project on Saratoga Avenue and the immediate access to the project. Project Access Access to the site will be provided via the church's existing driveway on Saratoga Avenue. Parents driving to the site will not be able to use either of the church's two driveways on Seagraves Avenue. These driveways will be blocked off during school drop -off and pick -up periods. This restriction in access is intended to minimize access through the surrounding residential neighborhood. Data Collection Three day, 24 -hour hose counts were performed on Saratoga Avenue in front of the Immanuel Lutheran Church on the Tuesday, Wednesday, and Thursday of the week of November 17, 1997. Saratoga High School was in session at the time of the traffic counts. The tabulation sheets for these traffic counts are attached to this memorandum. In addition, travel time runs for various routes to and from the project site to Saratoga Sunnyvale Road were conducted on Thursday, November 20,1997. Trip Generation The Institute of Transportation Engineers (ITE) Trip Generation Manual, Fifth Edition was used to estimate the number of trips that the proposed project will generate. A trip generation analysis was conducted for a projected 145 student enrollment using the ITE Trip Generation Manual's "private school" land -use. For the private school land -use, the ITE Trip Generation Manual has separate peak hour estimates for the PM peak hour of the generator and the PM peak hour of adjacent street traffic. According to the ITE Trip Generation Manual, the AM peak hour of the generator and adjacent street traffic generally coincide. Based on our traffic count data, the PM peak hour of adjacent street traffic on Saratoga Avenue also generally coincides with the PM peak hour of the generator. The school is forecast to generate 135 morning peak hour trips and 88 afternoon peak hour trips. Peak hour inbound and outbound splits have also been taken from the ITE Trip Generation Manual. Morning peak hour trips are forecast to enter and exit the proposed site at a 63 %/37% ratio and trips occurring during the afternoon peak hour are forecast to enter and exit the proposed site at a 43 %/57% ratio. Trip generation statistic summaries are presented in Table 1. Table 1 Trip Generation Land -Use Students Daily Peak Hour Trips Inbound/Outbound Trips Splits AM PM AM PM Private School 145 435 135 88 85/50 38/50 Trip Distribution The Saratoga Avenue count data demonstrates that daily eastbound traffic volumes are slightly higher than daily westbound traffic volumes. Approximately 51% of daily traffic travels eastbound and 49% travels westbound. The count data also demonstrates higher eastbound use on Saratoga Avenue during the morning and afternoon peak hours, when student drop -off and pick- up will be occurring. In the morning peak hour, approximately 63% of traffic travels eastbound and o peak hour, approximately 37 /o travels westbound. In the afternoon pea pp Y 52% of traffic travels eastbound and 48% travels westbound. Table 2 illustrates the average daily and peak hour traffic volumes on Saratoga Avenue. Table 2 Saratoga Avenue Directional Volumes Condition Volumes Eastbound Westbound Total Daily 6,489 (51 6,243 (49 12,732 Morning Peak Hour 628 (63 367 (37 995 Afternoon Peak Hour 515 (52 466 (48 981 As indicated in Table 1, the project is expected to generate approximately 435 daily trips. This increase in daily volume represents a 3.4% increase in the existing daily volumes as shown in Table 3. Table 3 Saratoga Avenue Daily Traffic Condition Existing Volume Project Generated Existing With Increase due to Volume Project Volume Project Volume Daily 12,732 435 13,167 3.4 The trip distribution of project generated traffic is assumed to follow the general directional splits that occur on Saratoga Avenue. Table 4 presents the estimated trip assignment at the project driveway during both the morning and afternoon peak hours. Table 4 Project Trip Assignment Condition Entering Driveway Exiting Driveway Left from Right from Left to Right to Saratoga Saratoga Saratoga Saratoga Morning Peak Hour 54 31 31 19 Afternoon Peak Hour 20 18 26 24 i Saratoga Avenue /Access Driveway Analysis The project access driveway on Saratoga Avenue has been analyzed to determine operating conditions with the presence of turning movements in to and out of the driveway. The access driveway and Saratoga Avenue were treated as an unsignalized intersection with the driveway being the stop controlled approach. The intersection was analyzed using the methodology of the Transportation Research Board's 1994 Highway Capacity Manual, using the Highway Capacity Software (HCS) program. With this methodology a level of service (LOS) is assigned based on total vehicle delay experienced at the intersection. Intersection LOS definitions are illustrated in Table 5. Table 5 Level of Service Definitions Unsignalized Intersections II Level of Service Total Vehicle Delay (sec/veh) Description of Traffic Condition A 0 -5.0 Insignificant Delays B 5.1 -10.0 Minimal Delays C 10.1 -20.0 Acceptable Delays D 20.1 -30.0 Tolerable Delays E 30.1 -45.0 Significant Delays F >45.0 Excessive Delays S ource: Highway Capacity Manual, Transportation Research Board Special Report No. 209, Washington D.C., 1994. Directly in front of the project driveway, Saratoga Avenue consists of two travel lanes, on- street bike lanes in both directions, and roadway space adequate to accommodate buses in each direction. Westbound vehicles turning right into the driveway have sufficient room to merge out of the through lane before making the righttum. It has been noted during field investigations that eastbound through vehicles have sufficient room to proceed without stopping behind eastbound vehicles turning left into the driveway due to the extra bike lane and bus storage roadway to the right of the travel lane. Although observations have demonstrated that through vehicles will pass vehicles turning left into the driveway, the eastbound direction was treated as a single left/through shared lane during our analysis to remain conservative. Table 6 presents the results of the intersection analysis at the access driveway and the queue lengths expected for movements entering and exiting the driveway. The term '95% Queue Length' used in Table 6 indicates that the queue for the particular movement will not exceed the value listed for 95% of the peak hour. Queues are not expected to accumulate at the driveway since the volumes on Saratoga Avenue provide adequate gaps to allow vehicles to cross to and from the driveway. As indicated in Table 6, the maximum queue will be one vehicle or less. Table 6 Intersection Level of Service Condition Overall Minor Movement Exit to Saratoga Left from Saratoga (Enter) LOS' Delay LOS' Delay 95% LOS' Delay 95 Queue Queue Length Length Morning Peak Hour A 0.8 C 14.7 0.7 A 3.5 0.1 Evening Peak Hour A 0.6 C 11.6 0.6 A 3.8 0.0 Level of Service 2 Total Vehicle Delay (seconds/vehicle). Neighborhood Traffic Project traffic from Saratoga Sunnyvale Road will find a more direct connection to Saratoga Avenue at the Saratoga Avenue /Saratoga Sunnyvale Road intersection than through the neighborhood. Montessori School has agreed to block off two church driveways on Seagraves Way during drop -off and pick -up times. This leaves the Saratoga Avenue driveway as the only access to and from the site. Therefore, inbound traffic through the neighborhood would have to turn left from Seagraves Way onto Saratoga Avenue to access the site. Outbound traffic would already be on Saratoga Avenue and would be expected to remain so. Seagraves Way leads to a windy residential area with several roadways leading to cul -de -sacs. Herriman Avenue could be used as an alternate route to Saratoga Sunnyvale Road. A travel time comparison was conducted to determine the likelihood of using these routes. Travel times were recorded to and from the access driveway to just north of the Saratoga Sunnyvale Road/Herriman Avenue intersection via three routes: Saratoga Avenue to Saratoga Sunnyvale Road, Saratoga Avenue to Herriman Avenue to Saratoga Sunnyvale Road, and Saratoga Avenue to Herriman Avenue via Seagraves Way to Saratoga Sunnyvale Road. Both Saratoga Avenue and Saratoga Sunnyvale Road have posted speed limits of 35 miles per hour. Herriman Avenue and the residential roadways are 25 mile per hour roads with a 20 mile per hour posted speed limit at the sharp turn near Lannoy Court. Average travel times indicate that using I I the Saratoga Avenue route to the project site is on average 15 seconds faster than using Herriman Avenue as a cut through route and 38 seconds faster than cutting through the neighborhood via Seagraves Way (3:08/3:23/3:46). Using the Saratoga Avenue route from the project site is on average 2 seconds faster than using Herriman Avenue as a cut through route and 27 seconds faster than cutting through the neighborhood via Seagraves Way (2:52/2:54/3:19). In addition to the benefit of faster average travel times on Saratoga Avenue, Montessori School has agreed to put placards on parents' vehicles to enforce the school's agreement not to drive on neighborhood streets. Conclusions Traffic forecast to be generated by the proposed project was not found to result in any capacity problems on Saratoga Avenue or the access driveway. The access driveway is expected to operate at an overall level of service A with the addition of project traffic. LOS A is indicative of operations with minimal delay. Project generated traffic is not expected to access the surrounding neighborhood as cut through routes. Access driveway restrictions on Seagraves Way, faster Saratoga Avenue travel times, and an agreement by Montessori School to ask parents not to drive through the neighborhood are contributing reasons that neighborhood traffic should not be affected by the accommodation of 145 children in the existing classrooms at the Immanuel Lutheran Church in Saratoga. j ii From THE BAYME3RICS GROUP PHONE No. 1 510 232 1272 Nov. 25 1997 11: 1r w'I rr�i TArL`B lacsttona eer4 in runt a R$,$,pv YY WW �1�1 of E LU�I y aaehor cloudy tfASAtmA 4118 Counter M1015 1•23i. 2.1:8 8 it 1 t 1 Gatos 11/18/0r ti►tawel Ch I "Ns crowd aipfit Ail at 2 wr !0 AM ammo ammo Dale t Tuesday ay 180 12 :f3 104 435 PR r 122 s 436 831 eat 12s4S 110 104 238 1:00 214 1 0 1:15 87 371 109 367 8 1: 0 at 17 1:45 r 106 $6 x 176 2 :00 192 2:15 102 441 102 333 sr 0 1 180 2:30 120 106 220 796 2145 r SO 200 3:00 s 142 4 87 102_ 3 :30 0 119 936 3:45 102 112 102 a 11r 4100 R 212 6s1S 116 90 207 851 93 4 :30 127 4143 r 86 136 202 5:00 5 9 a 77 286 131 554 s 208 820 513D a 133 212 rr 5:45 s 127 6100 53 70 143 204 6:15 293 10? 653 i 196 6s0 1F0 177 746 6:3 64 134 19 0 17 1 7s0 186 95 42 e 347 171 7 :30 r 106 r 16 533 7:45 a 34 69 148 8:00 36 188 8:15 41 8:30 41 118 57 392 8:45 a 50 69 910 s8 I 9100 s los 9115 34 16T $1 182 tog 349 9130 a 41 58 92 9:45 34 43 10:00 30 6 1 tasty 118 a 36 141 72 259 10:30 a 3 35 60 10:45 35 a 11100 22 50 62 11:15 a 1S 3 62 47 112 11 :30 7 13 13 28 11 :45 20 6 11 42 17 17 Totals 20 3.335 i Spt ft X 47.6 44.8 S2 $53 2 7,441 pay Totals 3.355 4,128 Day splits 44.8 7.483 ss.x 1 Peak Hour 11 :00 2:30 11tO0 5:00 Votuaa 17 469 11:00 3x 6 Factor 19 534 30 956 0.21 0.86 0.22 0.93 0.33 0.87 j !ANUS Ram Data Fite: SARATOGA Pea 1 From THE BRYMETRICS GROUP PHA NO. 1 51U l r w y» 1 yi BA73313712Xes3 1113LPIZO anaouacrus LAaatienc Saratoga In from of E Luthor6 941411314 SOT Mat 1 Ysethar 2 Cloudy 1`48 NUR 11/19/97 1 Dates Counter 1 81015 MIN Mond Interval CA 1 C1: 2 ammo Day Nsdmidsy Bonin AN PH Al PN AR P11 12200 a 21 122 615 8 36 115 418 16 37 237 896 12:15 8 127 10 99 18 226 12230 2 126 8 114 10 260 12:45 3 103 10 90 13 193 1 200 11 16 108 430 8 20 93 363 19 36 201 793 1115 0 125 5 89 3 214 1 :30 3 98 4 84 7 182' 1245 2 99 3 97 5 196 2200 3 11 113 451 4 3 84 462 7 19 197 893 2:15 4 10a 1 104 5 214 I 2 :30 0 108 2 120 2 228 2:45 6 122 1 132 5 254 3200 3 7 122 532 3 9 124 676 6 16 246 1,008 3:15 8 174 6 95 8 269 3 :30 2 138 0 106 2 244 3 :45 0 98 4:00 4 14 118 373 3 16 106 497 0 249 6:15 3 7 28 224 870 2 136 5 222 4:30 3 as 2 124 5 212 4265 4 81 7 131 11 212 5100 5 62 110 347 4 38 132 501 4 100 242 848 5215 12 70 6 129 18 207 5:30 16 92 a 120 24 212 I 5245 29 67 20 120 49 187 1 6200 40 225 74 295 10 80 134 492 50 109 200 757 6;15 29 81 2T 204 56 185 6230 74 70 23 130 97 200 6:45 82 70 20 124 102 194 7200 110 563 60 207 32 160 97 410 142 723 157 617 I I 7215 154 53 35 135 189 188 7130 135 60 4? n-2 182 152 7:65 164 34 46 86 210 120 6200 170 600 48 201 56 374 69 256 226 975 117 457 I 8 :15 162 35 87 68 249 103 8130 160 49 115 69 273 118 8:65 108 69 117 50 225 119 i 9200 138 438 ST 213 112 381 59 225 250 819 116 438 9:15 2 1 47 92 59 213 108 9:30 91 57 178 104 9245 92 60 as 50 175 110 10:00 104 392 48 140 93 360 48 130 197 752 88 270 10 :15 82 2? 05 35 167 62 10230 106 39 94 21 200 66 10:45 100 2? 88 27 188 54 11290 100 507 27 66 86 418 25 73 186 925 53 139 11:15 98 11 116 22 214 33 1 11230 187 22 108 It 295 34 11249 122 6 108 13 230 19 Totals 2,856 3,733. 1,899 4,213 4755 8,016 I Split 60.1 46.6 39.9 53.4 I 1 Day Totals 6,589 6,182 12.771 Day Splits S1.6 48,4 Peak Our 7245 2:45 8230 4215 8:15 2:45 Votuas 656 556 436 523 999 1.013 rector 0.96 0_BO 0.93 0.96 0.91 0.96 I I i JAWS Raw Data Filet SARATOGA P egs 2 From THE BAYMETR I CS GROUP PHONE No. 1 510 232 1 CZ NOV. 177 r 1.1.. trr u.,...) DA7 IC8 TRAF3'IC Ean80VAC86 Location: 8ar4tog4 in front of I tutlara 6164100A AD? baather 3 Cloudy triter 1 Counter 81018 1:1131 24418 oa+o: 11/20/97 rites awed interval pt 1 begin AN POI AM 2 S PA AN 00l6i11S0 PN trey Tlwr,�r 12 00 10 12:15 0 32 102 469 8 41 126 448 18 73 226 911 12: 7 6 140 17 121 24 234 12 :45 9 114 6 103 12 243 i :00 15 10 94 3 77 22 19 111 414 7 16 ar 35 198 791 12 15 i 109 1130 2 104 3 83 4 2 03 1:65 1 90 s 108 7 2 1 2:00 0 6 104 468 1 7 100 405 1 108 2:15 2 112 1 13 22 873 3 2 :30 3 116 113 5 204 2 :45 1 2 60 5 135 1 1O4 240 3:00 1 5 127 469 4 12 115 488 5 17 242 95? 3 0 146 3,30 4 112 1 258 0 104 2 729 2 233 3 :45 4 92 2 132 6 224 4:00 3 10 90 376 3 11 111 514 6 21 201 890 1:15 4:30 3 05 1 12 4 2 105 4145 2 01; 5 169 6 22 9 390 5 :00 10 68 92 38 138 569 16 106 230 910 9115 12 04 9 146 21 230 5 :30 as 6 132 32 5:45 20 76 17 152 32 7 37 6000 20 214 75 287 17 97 133 499 14 311 209 786 6 :15 66 87 18 129 64 216 6,30 66 59 29 133 94 192 6 :45 74 33 104 107 170 7:00 110 568 62 236 40 172 112 444 150 740 174 680 7 :15 121 65 39 118 160 183 7 :30 147 64 45 124 192 188 7:45 190 45 48 90 238 135 8:00 191 616 42 150 71 358 80 268 z62 974 122 418 8 :15 170 61 86 69 256 110 8,30 136 33 98 63 234 06 8x45 119 34 103 56 222 90 9:00 136 459 38 185 90 326 56 208 226 785 94 393 1 9115 104 38 65 56 169 96 9:30 107 73 79 58 186 131 9145 112 36 92 38 204 74 i 10300 102 376 54 157 109 354 60 128 211 730 96 265 10:15 92 37 76 I; 10:30 98 37 83 o 168 7 10:45 84 29 19 170 170 6 48 11:00 49 81 380 26 75 103 452 23 78 184 832 49 153 11 :15 100 19 118 21 218 40 11 :30 96 14 98 18 f96 32 i i 11:45 103 16 133 16 236 32 1 Totals 2.753 3,636 1,886 4,619 4,637 8,055 Split 59.4 45.1 40.6 54.9 I 1 1 Day Total* 6,389 6,303 12.692 Day :Rafts- 50,3 49.7 Peak Now 7030 2:30 11:00 5 :00 7 :45 2:45 Veho 698 525 452 568 940. 973 Factor 0.91 0.90 0.65 0.93 0.94 0.94 I ,ANUS Rau Oeta Fila: SARATOOA nos 3 From THE BRYMETR I CS GROUP PHONE No. 1 510 232 1d t2 note. 1 r 11 inw i r is 1 B 13L TRICE T311PPZC 323130U32C331 Location! brans, IR free, of Luther's MAMA MT MO! 1 U.acher i Cloudy 1`iii 2Ni8 86te: 11/21/97 Counter N1015 Fits [non,J lnterwi ch I at 2 116010 AM q1 �B18ED Der t ftldpr AN Mt AN PM 12:00 8 28 87 661 10 40 12, 443 18 fro 212 11114 1 12 :15 5 118 id 108 19 226 12:30 10 134 4 00 19 224 12:45 5 102 7 120 i8 222 1:00 4 CI 99 404 2 7 107 413 6 20 206 817 1 :15 6 95 2 9S 8 190 1 :30 2 96 1 98 3 192 1:45 1 116 z 113 3 229 2:00 1 7 103 460 3 10 89 419 i IT 192 879 2:15 0 110 0 118 0 228 2:30 3 120 4 110 T 230 2 :45 3 127 3 102 6 229 3400 0 6 139 503 1 7 109 305 1 13 240 1,008 3:15 c 134 3 122 7 256 1 3 :30 0 118 0 126 0 244 3045 a 112 3 148 5 260 4 :00 2 12 104 348 0 6 108 482 8 10 212 8b0 4 115 2 82 3 110 5 192 4:30 3 90 1 126 4 224 4 :45 S 84 2 138 7 222 5 800 9 65 96 340 6 41 162 605 IS 106 228 943 5 :15 10 94 s 148 15 242 5:30 16 78 10 138 26 216 5:45 30 72 20 157 50 221? 6:00 27 213 77 257 17 108 161 557 44 321 238 814 6 :15 50 66 32 145 82 211 6 :30 70 56 23 117 93 173 6:45 66 58 36 136 102 192 7 :00 104 520 63 263 34 180 137 625 138 700 200 668 d 7:15 124 62 49 103 14'3 170 7 :30 136 58 48 82 184 140 7 145 156 57 49 101 205 158 8 :00 184 606 48 177 68 346 82 286 252 972 130 463 8415 183 48 79 89 262 137 8130 117 48 105 58 222 106 5 :45 122 33 114 57 236 90 9 :00 130 456 43 190 80 346 44 207 210 802 87 397 9 :15 104 40 62 57 196 105 9:30 110 51 80 51 190 102 9 :45 112 48 94 55 206 103 10100 98 388 60 215 84 354 45 175 182 742 105 390 10 :15 92 64 76 47 168 91 10130 94 57 90 49 184 106 l i 10:45 104 54 104 34 288 88 11:00 116 411 46 134 88 439 32 93 204 850 78 227 11:15 03 34 115 26 198 60 11 :30 115 23 137 16 252 39 11 :45 97 31 99 19 196 50 Totals 2,725 3,732 1,004 4,610 4,629 8,342 Split X 58.9 44.7 41.1 55.3 Day Totals 6,457 6,514 12,971 Day Split. 49.8 50.2 Peak Hour 7,30 2:30 10:45 S :00 8:00 3 :00 1 Volume 659 520 444 605 971 1.008 I Factor 0.90 0.96 0.81 0.93 0.93 0.97 JAMUS Ram Data Fits: nun= Page 4 HCS: Unsignalized Intersections Release 2.1c. AM.HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville,- FL 32611 -2083 Ph: (904) 392 -0378 Streets: (N -S) Access Driveway (E -W) Saratoga Avenue Major Street Direction.... EW Length of Time Analyzed... 15 (min) Analyst NEM Date of Analysis 11/25/97 Other Information AM Peak Hour Two -way Stop controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 0> 1 0 0' 1 1 0 0 0 0> 0 0 Stop /Yield N N Volumes 54 628 367 31 31 19 PHF .95 .95 .95 .95 .95 .95 Grade 0 0 0 MC's SU /RV's CV's PCE's 1.10 1.10 1.10 Adjustment Factors Vehicle Critical Follow -up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 l HCS: Unsignalized Intersections Release 2.1c AM.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 386 Potential Capacity: (pcph) 883 Movement Capacity: (pcph) 883 Prob. of Queue -Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 419 Potential Capacity: (pcph) 1082 Movement Capacity: (pcph) 1082 P=ob. of Queue -Free State: 0.94 TH Saturation Flow Rate: (pcphpl) 1700 Major LT Shared Lane Prob. of Queue -Free State: 0.90 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 1120 Potential Capacity: (pcph) 238 Major LT, Minor TH Impedance Factor: 0.90 Adjusted Impedance Factor: 0.90 Capacity Adjustment Factor due to Impeding Movements 0.90 Movement Capacity: (pcph) 215 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap* Delay Length. LOS Delay Movement (pcph). (pcph) (pcph)(sec /veh) (veh) (sec /veh) SB L 36 215 302 14.7 0.7 C 14.7 SB R 22 883 EB L 63 1082 3.5 0.1 A 0.3 Intersection Delay 0.8 sec /veh HCS: Unsignalized Intersections Release 2.1c PM.HCO Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611 -2083 Ph: (904) 392 -0378 Streets: (N -S) Access Driveway (E -W) Saratoga Avenue 1 Major Street Direction EW Length of Time Analyzed 15 (min) Analyst NEM Date of Analysis 11/25/97 Other Information PM Peak Hour Two -way Stop controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes 0> 1 0 0' 1 1 0 0 0 0> 0 0 Stop /Yield N N Volumes 20 515 466 18 26 24 PHF .95 .95 .95 .95 .95 .95 Grade 0 0 0 MC's SU /RV's CV's PCE's 1.10 1.10 1.10 Adjustment Factors Vehicle Critical Follow -up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 1 p HCS: Unsignalized Intersections Release 2.1c PM.HCO Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB 1 Conflicting Flows: (vph) 491 Potential Capacity: (pcph) 781 Movement Capacity: (pcph) 781 Prob. of Queue -Free State: 0.96 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 510 Potential Capacity: (pcph) 980 Movement Capacity: (pcph) 980 Prob. of Queue -Free State: 0.98 TH Saturation Flow Rate: (.pcphpl) 1700 Major LT Shared Lane Prob. of Queue -Free State: 0.97 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 1064 Potential Capacity: (pcph) 256 Major LT, Minor TH Impedance Factor: 0 Adjusted Impedance Factor: 0.97 Capacity Adjustment Factor due to Impeding Movements 0.97 Movement Capacity: (pcph) 247 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec /veh) (veh) (sec /veh) SB L 30 247 369 11.6 0.6 C 11.6 SB R 28 781 EB L 23 980 3.8 0.0 A 0.1 Intersection Delay 0.6 sec /veh SARA TOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM Ag II MEETING DATE: December 3, 1997 CITY MGR. dwirp: ORIGINATING DEPT.: Administrative Services, Peter Gonda j SUBJECT: Ratification of a Memorandum of Understanding between the City and the Saratoga Employees Association for the period covering July 1, 1997 through June 30, 1999. Recommended Motion(s): Approve Resolution No. 85 -9.107 ratifying a Memorandum of Understanding (MOU) between the City and the Saratoga Employees Association (SEA) for the period covering July 1, 1997 through June 30, 1999. Report Summary: Attached hereto is a Resolution which, if adopted, would approve Exhibit "A the proposed MOU-tentatively agreed to by the City and members of the SEA. The terms of the MOU can be summarized as follows: Two -year agreement for the period covering July 1, 1997 through June 30, 1999; 3% wage increase effective September 1, 1997, and a 3% wage increase effective July 1, 1998; Salary adjustments for new and broad -banded classifications created during the reorganization as incorporated in the schedule of salaries for non management employees attached hereto as Exhibit "B"; New provisions for dental coverage including City -paid full plan premium for family coverage and a reduction of $5 to $45 /month for single employee coverage; Addition to the MOU of the City's Section 125 flexible benefits plan; Addition of Columbus Day as a recognized holiday; Addition of call -back and meal allowance provisions affecting maintenance division employees. The MOU as agreed to will be signed by SEA representatives in advance of the City Council meeting on December 3, 1997. Fiscal Impact(s): During the first year of the MOU, the wage and benefits appropriations will increase by approximately $50,000 $60,000. During the second year, the increase will be approximately $60,000 $70,000. Actual figures will be calculated and provided at the City Council meeting on December 3, 1997. Follow Up Action(s): Return to Council with a resolution amending the adopted budgets to increase appropriations for wages and benefits in accordance with the -terms of the MOU. Consequences of Not Acting on the Recommended Motion(s): If not approved, there will no longer be a tentative agreement between the City and the SEA, resulting in further negotiations, as directed by Council. 1 Attachments: 1. MOU, Exhibit "A" 2. Salary Ranges for Non Management Employees, Exhibit `B" 'I I 2 ii EXHIBIT "A" ri CITY OF SARATOGA Memorandum of Understanding on Wages, Employee Benefits and Conditions of Employment Table of Contents Page I. INTRODUCTION 1 II. GENERAL CONDITIONS 1 A. Personnel Rules and Regulations /Existing Benefits Continued 1 B. City Council Approval 1 C. Total Agreement 1 D. Validity of Memorandum 2 E. City Rights 2 III. SALARY ADMINISTRATION 2 IV. PROBATION 3 V. PROMOTION 3 VI. LAY -OFF POLICY 3 VII. WORKING CONDITIONS 4 VIII. FAIR LABOR STANDARDS ACT AND OVERTIME POLICY 4 IX. CALL OUT PAY 5 X. STANDBY PAY 5 XI. MEAL REIMBURSEMENT 5 XII. PRODUCTIVITY /GOALS 5 XIII. BENEFITS 6 A. Benefits Allowance 6 B. Health Insurance 6 C. Deferred Compensation 7 D. Life and Accidental Death Insurance 7 E. Long Term Disability 7 F. Dental Insurance Plan 8 G. Section 125 Plan 8 H. Commercial Licenses and Heavy Equipment 8 XIV. LEAVE TIME 8 A. Annual Leave Time 8 B. Holidays 9 C. Jury Duty Leave 10 D. Military Leave 10 E. Workers' Compensation 10 1. Industrial Injury Leave 10 2. Workers' Compensation Medical Appointments 11 F. Maternity Leave 11 G. Leave Without Pay 11 H. Exempt Employees 11 XV. RETIREMENT (PERS) 11 XVI. UNIFORM AND CLOTHING ALLOWANCE 12 XVII. TUITION REIMBURSEMENT 12 XVIII. GRIEVANCE PROCEDURE 12 XIX. SCOPE OF AGREEMENT 13 XX. RATIFICATION 13 1 I Exhibit "A" CITY OF SARATOGA: MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS AND CONDITIONS OF EMPLOYMENT I. INTRODUCTION This Memorandum of Understanding (MOU), or "Agreement dated December 3, 1997, is between the City of Saratoga through its designated representatives, hereinafter referred to as "City" and the Saratoga Employees Association (SEA), hereinafter referred to as "Association." The Memorandum of Understanding complies with the provisions of the Meyers- Milias- Brown Act of California, as contained in Section 3500, et seq., of the Government Code of the State in that the employer employee representatives noted herein did meet in good faith and did reach an understanding on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution No. 509 -2 relating to employer employee relations, and Resolution No. 489 -2, establishing the procedure for meeting and conferring with recognized employee organizations. II. GENERAL CONDITIONS A. Personnel Rules and Regulations/Existing Benefits Continued This Memorandum of Understanding does not propose any modifications or changes in the provisions of City Resolution 85 -9, or of existing benefits, as amended, unless a specific reference is made herein to a modification or addition to the conditions of these regulations. B. City Council Approval City Council approval of the terms of the Memorandum of Understanding is incorporated in Resolution 85 -9.107 which becomes the effective date of the Memorandum of Understanding when passed by the City Council. 'C. Total Agreement All ordinances, resolutions, administrative regulations, departmental rules and regulations, personnel policies and procedures, and management rights not specifically altered by this Agreement shall remain in full force and effect. This Agreement sets forth the full and entire understanding of the parties for the period beginning 7/1/97 and continuing through 6/30/99, at which time the MOU terminates. All prior Memoranda of Understanding are superseded or terminated in their entirety. Except as specifically provided in this Agreement, it is agreed and understood that SEA waives its right, and agrees that the City shall not be required, to negotiate with respect to any subject or matter covered in this Agreement or with respect to any other matters within the scope of negotiations, during the term of this Agreement. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. No verbal statement or other amendments, except an amendment mutually agreed upon between the parties and in writing annexed to this Agreement designated as an amendment to this Agreement, shall supersede or vary the provisions in this Agreement. D. Validity of Memorandum Should any article, section, or portion of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, the court's decision shall only apply to the specific article, section, or portion of this Agreement directly specified in the decision, and the remainder of this Agreement shall not be affected by the decision. E. City Rights The City reserves, retains, and is vested with any management rights not expressly granted to the Association by this Agreement. These City rights include but are not limited to the right to: 1. Determine and modify the organization of City government and its constituent work units; 2. Determine the nature, standard, levels, and mode of delivery of City services; 3. Determine the methods, means, number, and kind of personnel by which services are provided; 4. Determine the procedures and standards for selection for employment and promotions; 5. Establish employee performance standards including, but not limited to, quality standards, and to require compliance with those standards; 6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline workers in accordance with applicable laws, the Personnel Ordinance and the Personnel Rules; and 7. Relieve employees from duty because of lack of work or lack of funds, or for inability to perform the job as required, subject to the Personnel Rules and Regulations. Nothing in this Article shall relieve the City of its obligation to meet and confer on the impact of the exercise of those rights which are mandatory subjects of bargaining under the MMBA. III. SALARY ADMINISTRATION Effective September 1, 1997, all classified pay ranges and salaries will be increased by 3.0% (three percent), and effective July 1, 1998, all classified pay ranges and salaries will be increased by 3.0% (three percent). The salary pay ranges for all applicable positions and 2 I classifications shall be as set forth in Exhibit "B" to Personnel Resolution No. 85- 9.107. The City of Saratoga classifies all miscellaneous positions according to duties and responsibilities, and a salary range is established for each job classification. There are eleven steps within each range, and new employees are customarily hired at the entry -level salary, or the "A" step of the range. All employees will be evaluated on their anniversary date and will be eligible to advance in their range as follows: An employee receiving a Standard evaluation will be awarded one step (2.5 two steps (5 will be awarded for an Above Standard evaluation (Above Standard rating in all categories); and three steps (7.5 will be awarded for an Exceptional evaluation (Exceptional rating in all categories). IV. PROBATION All employees are brought into the City under a twelve -month probationary period. During probation, employees may be evaluated by their supervisor every three months. At six months, a written evaluation will be prepared. If performance is standard or above, an employee will receive a one step (2.5 increase. Upon completion of the twelve -month probationary period, a written evaluation will be prepared. If performance is standard or above, an employee will receive another one step (2.5 increase. V. PROMOTION Promotion is the movement of an employee from one class to another class having a higher salary range. At the time an employee is promoted from one class to another, he or she shall receive at minimum a two step (5 salary increase. The effective date of the promotion will become the employee's new anniversary date. Determination of the amount of the increase will depend upon the employee's length of time in his or her current class, position in the salary range, and the date of last review. All promotional appointments shall be subject to a probationary period of one year. During this probationary period, an employee may receive a written evaluation by his or her supervisor every three months, but no less than every six months. At the completion of the probationary period, the employee is eligible for the following step increases (unless or until the top step of the range is reached): a one step (2.5 increase for a Standard evaluation, a two step (5 increase for an Above Standard evaluation (Above Standard rating in all categories), and a three step (7.5 increase for an Exceptional evaluation (Exceptional Ij rating in all categories). If the City determines that an employee subject to a promotional appointment does not pass probation, the probationary employee may be reinstated to the position from which he or she was promoted if that position is vacant and funded. If no vacancy exists, the employee may ask to be placed on a re- employment list. it VI. LAY -OFF POLICY In the event that there is an abolition of positions by the City Council due to lack of work, or of funds, an employee may be separated from employment with the City. If it becomes necessary to abolish a position, due to lack of work or of funds, the employee holding the 3 II position will be laid -off or demoted without disciplinary action. To the extent possible, employees subject to layoff shall be given a minimum notice of 14 calendar days. Layoffs will be made on a department by department basis. Layoffs shall be determined on a position basis. In the event that more than one person occupies the same classification in the same department, layoff shall be based on job knowledge, abilities, and performance history. All things being equal, the least senior employee shall be first subject to layoff. In addition to the elimination of a position, a lay -off can include reclassification to a position at a lower salary range, and/or a reduction in hours. II An employee who is laid -off or demoted in accordance with the City's layoff policy will be kept on a re- employment list for one year from the date of the layoff. This list will be used when a vacancy arises in the same or a lower class of position. Re- employment shall be based on seniority should more than one person in the same classification be laid off from the same department. Employees who are offered and refuse re- employment will be removed from the re- employment list. Employees re- employed in a lower class, or on a temporary basis, will continue to remain on the list for the higher position for one year. The City will extend medical insurance benefits for two months to an employee who has been laid -off. During this two month period, the City will continue to pay the previously established contribution for the employee's medical insurance premium. The City will also pay the employee 100% of the employee's accrued leave balance up to 320 hours and 50% of any accrued leave balance greater than 320 hours as of the date of layoff. This provision only applies to laid -off employees. VII. WORKING CONDITIONS The workday, workweek and work period are defined as follows: The workday begins at 12:01 a.m. and ends at midnight. The work -week begins at 12:01 a.m. on Saturday and ends at midnight on Friday. The work period is the two week period covered by each pay period. VIII. FAIR LABOR STANDARDS ACT AND OVERTIME POLICY Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the following way: Effective July 1, 1995, City agrees to include paid leave time taken as time worked for purposes of calculating eligibility for overtime pay for all permanent non exempt positions in the City service as listed in the City's administrative policies. Non- exempt employees are granted the eligibility for overtime pay for time worked in excess of 10 hours in one work day or 40 hours in one work week. Overtime compensation is computed at one and one -half times the employee's regular rate of pay. In addition, overtime compensation is computed at two times the employee's regular rate of pay for time worked in excess of 12 hours in one day or 60 hours in one work week. All overtime is to be approved in advance and in writing by the Department Head and accepted in writing by the employee. This written confirmation is to be turned in with the employee's time sheet for each pay period. The employee may choose to be compensated 4 i t it for overtime worked either by earning overtime pay or compensatory time off with the Department Head's approval. Overtime shall not be accumulated in units of less than fifteen minutes. If compensatory time is approved, it should be used within 90 days from when it is earned. The City Manager's approval is required for any employee to carry unused comp time beyond the 90 day period. Accumulated comp time may be paid off in cash at any time, at the City's discretion. Non exempt employees must be paid off in cash in full for any unused comp time up to 240 hours upon termination. IX. CALL OUT PAY Non- exempt employees who are called out to perform work of an emergency nature are compensated at the appropriate rate for a minimum two hours a for each occurrence, and pY a minimum three hours pay for each occurrence between 6 PM Friday and 6 AM Monday, and on holidays. Employees will be compensated from the time they leave their residence until their direct return home after being released from the assignment. X. STANDBY PAY ii Maintenance employees are compensated $10.00 for each Saturday, Sunday, or holiday assigned to stand -by status. XI. MEAL REIMBURSEMENT Ij Under certain conditions, the City will provide a meal or reimburse the cost of a meal up to $10 for employees who are required to work extended overtime or who are required to work on emergency call out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive hours during a scheduled work period or if the employee works in excess of four (4) hours during an emergency call out. Two meals will be provided if work is required in excess of eight (8) hours during an emergency call out. XII. PRODUCTIVITY /GOALS Employees and Management agree to cooperate and assist in improving productivity through assistance in developing: A. More positive work environment. B. Innovative techniques for improving operational activities. C. Increased accuracy. D. Methods to maximize time usage. E. More effective communication with the public and other departments. 5 I i XIII. BENEFITS A. Benefits Allowance All employees receive a benefits allowance which may be taken in cash and/or used for health insurance coverage, deferred compensation, additional life insurance, and/or additional long term disability insurance. The amount of the allowance is based upon the number of dependents that the employee enrolls in the City's PERS Health Program. The benefits allowance is as follows: Employee $284 /month Employee plus one dependent $384 /month Employee plus two or more dependents $484 /month For any employee who declines to accept coverage in the health plan program, evidenced by signing a waiver form, the City shall contribute a maximum benefits allowance of $142 per month. The benefit allowance for permanent part-time employees will be pro -rated in proportion to the number of hours worked. B. Health Insurance The City contracts with the California Public Employees Retirement System for the PERS Health Benefits Program. The types of health plans currently available to City of Saratoga employees include two statewide self insured, fee for service health plans (PERS -CARE and PERS CHOICE) and numerous health maintenance organizations. Employees may enroll in a PERS plan of their choice; however, some plans require that an employee live in a specific geographic area. The effective date of health coverage is the first day of the month following the date of enrollment. New hires have 60 calendar days from their appointment date to enroll in a health benefits plan. In addition to the benefits allowance, the City will pay the minimum PERS medical premium of $16 per month on behalf of all active employees enrolled in a PERS health plan. Employees who retire from the City of Saratoga and who are enrolled in a PERS- sponsored health plan at the time of separation are eligible to continue their coverage. Effective October 1, 1993, the City will contribute $1 per month towards the minimum premium for retirees. This amount will increase annually by 5% until it equals the $16 per month minimum premium for active employees. The balance of the total monthly premium shall be paid by the retiree. Upon separation of employment, employees will be notified in writing of their health care continuation rights. The COBRA group continuation coverage is provided through federal legislation (the Consolidated Omnibus Budget Reconciliation Act) and allows employees who are enrolled in a group health plan and who separate from employment, for reasons other than gross misconduct, to continue their group coverage for 18 months (Some employees and/or their family members may be eligible for additional months of coverage.) The cost to the enrollee is 102% of the applicable group gross premium rate, and the election for COBRA coverage must be made within 60 days following notification of eligibility. 6 C. Deferred Compensation The City provides employees the opportunity to contribute to IRS Section 457 deferred compensation plans. Employees may contribute to these plans an amount up to the maximum allowed by law. Contributions may come from employee's regular earnings through payroll deductions or from any unused portion of their benefits allowance. D. Life and Accidental Death Insurance The City provides for $25,000 of life and accidental death and dismemberment insurance for all miscellaneous employees. Employees may purchase additional insurance for themselves and/or cover their dependents; however, availability of the plan is subject to the carrier's minimum requirement of 10 enrollees. E. Long Term Disability Upon hire, the City offers a long term disability plan to provide an employee with income protection if the employee becomes totally disabled from a covered sickness, accidental bodily injury, or pregnancy. The City will pay 75% of an employee's full salary and maintain existing insurance benefits, subject to eligibility requirements, for the first six months of any long term disability. Thereafter the group insurance policy will cover two- thirds of the employee's salary up to a maximum payment of $2,000 per month. To be eligible for the City paid portion of long term disability benefits, the employee's total disability must be continuous for a period greater than 12 working days. This period shall be the minimum waiting period to determine eligibility. During this waiting period, an employee must use a minimum of one half of all accrued leave time while eligibility is determined. Eligibility for the City paid portion of disability benefits will commence after one half of all accrued leave time has been used or when the 12- day waiting period is over, whichever is later. Employees may choose to use the remaining portion of their accrued leave time to supplement the 75% of salary received until all leave time has been used but in no event shall this extend the time of receiving at least 75% pay for a period beyond six months. Employees who become pregnant will be entitled to long term disability benefits only for the period of time that the employee is actually disabled for work as with any other disability. No long term disability plan benefits will be paid for any period of total disability unless the employee is regularly seen and treated by a physician. Upon making a claim for long term disability benefits, an employee must provide a medical history statement and a physician's statement of disability. On return to work, a doctor's certificate is required which states that the employee has recovered fully and is able to perform regular work. Employees whose salaries exceed $3,000 per month are eligible to purchase additional long term disability insurance, however, availability of the plan is subject to the carrier's minimum requirement of enrollees. If the employee returns to work on a part-time basis during the first six months of a covered disability, the City will prorate disability benefits in proportion to the number of hours worked. 7 F. Dental Insurance Plan Effective January 1, 1998, the monthly benefits allowance provided for in section XIII A shall be increased by the following amounts to reflect the City's contribution towards a dental insurance plan: I Employee coverage $45 /month Employee 1 dependent Full plan premium Employee 2 or more dependents Full plan premium. Employees who decline coverage in the plan shall receive an additional benefits allowance of $25 per month. The benefits allowance for dental insurance for permanent part-time employees will be prorated in proportion to the number of hours worked. G. Section 125 Plan Effective January 1, 1997, employees shall have the option of enrolling in a Section 125 flexible benefits plan (Cafeteria Plan). Under the plan, employees may deduct from their earnings up to $1,200 per calendar year for health care reimbursement and/or $5,000 per calendar year for dependent care reimbursement. For the health care portion, these deductions allow employees to use pre -tax dollars to pay for eligible out -of- pocket expenses not covered 100% by insurance and not reimbursable by any other source. For the dependent care portion, employees (and their spouses, if married) with children may use pre -tax dollars to pay for eligible dependent care expenses. Under the plan, employees and their dependents also have the option of using pre -tax dollars, through payroll deductions, to pay for required premium contributions to City insurance plans. H. Commercial Licenses and Heavy Equipment Effective October 1, 1996, employees shall not be required to drive on -road vehicles with a gross vehicle weight in excess of 26,000 pounds. XIV. LEAVE TIME A. Annual Leave Time All regular employees will accrue annual leave time at the following rate: First 60 months. of employment 22 days (176 hours) per year 61st through 120th month 27 days (216 hours) per year 121+ months of employment 32 days (256 hours) per year All regular employees begin accruing annual leave time after their date of hire, but new employees are not eligible to use paid leave time during their first six months of employment with the City. Annual leave is to be used for all time off from work except 8 as for Jury Duty, Military Duty, Family, or Maternity Leave. All use of leave time is to be scheduled in advance and approved by the supervisor except in the case of illness or other emergency. On the first day of each absence due to illness, the employee shall notify his or her immediate supervisor within 30 minutes of the beginning of the workday, and call in each successive day unless prior notice has been given that a more lengthy sick leave absence is expected. In the event that an employee is absent from work due to illness for more than five consecutive working days, the employee must file a written statement from a physician certifying that 1) the employee's condition prevents him or her from performing the duties of the position, and 2) the employee is or will be sufficiently recovered from the illness to allow return to work on a specified date. When absence is for more than two work days but less than five, an employee may be required to file a physician's certificate at the discretion of the Department Head. In all cases, the costs for the doctor's visit only (and not accompanying medical treatment) as required, if not covered by the employee's insurance program, will be paid by the City. At the end of each calendar year, employees may carryover up to 12 days (96 hours) of accumulated leave earned during the calendar year. Each January the City will pay each employee for one -half of their accumulated leave balance in excess of 320 hours. This payout is a continuation of the current leave payout plan which considers half of the accumulated leave to be vacation leave and the other half to be sick leave. Upon termination of employment, half of an employee's accumulated leave will be considered to be vacation leave and will be paid out at the employee's regular rate of pay. When an employee voluntarily resigns from employment, no paid leave time will be granted between the time notice of resignation is given and the employee's last day of work. Upon retirement from the City, an employee has the option to consider the entire accumulated leave balance as sick leave for the purpose of additional service credit under PERS. If an employee does not choose this option, then half of the accumulated leave balance shall be considered as vacation leave for pay out purposes, and the other half as sick leave which shall be applied to additional service credit under PERS. B. Holidays All City employees observe the following paid holidays: (1) New Year's Day January 1 (2) Martin Luther King's Birthday 3 Monday in January (3) President's Day 3' Monday in February (4) Memorial Day Last Monday in May (5) Independence Day July 4 (6) Labor Day 1st Monday in September (7) Columbus Day 2n Monday in October (8) Veteran's Day November 11 (9) Thanksgiving Day 4t'' Thursday in November (10) Day after Thanksgiving Friday following Thanksgiving 9 I s i (11) Christmas Eve December 24 (12) Christmas Day December 25 (13) New Year's Eve December 31 If a holiday falls on a Sunday, the following Monday will be observed. If a holiday falls on a Saturday, the preceding Friday will be observed. In those years in which one of the Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the weekend and the Monday following the weekend shall be observed as holidays. If a holiday occurs during a period when an employee is taking paid leave, the holiday the weekend will not be charged against the employee's accrued leave. In order to receive holiday pay, an employee must be on the payroll on the last regularly scheduled work day preceding the holiday and the first regularly scheduled work day following the holiday. C. Jury Duty Leave Employees who are called for jury duty continue to receive full pay and benefits for that period of absence. Fees received for jury duty, less expenses, shall be remitted to the City. D. Military Leave An employee in a reserve component of the military forces of the United States is entitled to temporary military leave not to exceed 180 calendar days during any period of ordered duty for active _military training. An employee who has been employed by the City for at least one year immediately prior to the day on which the absence begins is entitled to receive full salary and benefits during the first 30 calendar days of such temporary military leave, in addition to whatever pay is received from the federal government for training. Pay for such purposes shall not exceed 30 days in any one fiscal year. i E. Workers' Compensation 1. Industrial Injury Leave This is leave for an on-the-job injury or illness. The City shall pay an employee's full salary for the first three consecutive workdays of absence due to any one injury or illness. In the event that such leave exceeds three consecutive workdays, the employee shall be entitled to workers compensation benefits as prescribed by law. In addition, the employee may use accumulated annual leave to supplement workers compensation benefits up to his or her full salary. Upon exhaustion of annual leave, an employee can choose to continue to receive benefits as if they were on long term disability pursuant to the long term disability provisions contained in Section XIII E, within the limits of the City's group insurance plan for long term disability. Any employee on Industrial Injury Leave will continue to receive full City paid insurance benefits (medical, life, and long term disability) up to 12 months from the date of injury. The employee will not continue to accrue annual leave after accumulated paid leave has been used up. In the event that an employee suffers an accident on the job, he or she must advise �f 10 I i j I. Ij I i the supervisor at once and fill out an employee claim form. An employee must indicate on their time card any time off taken due to an on-the- job injury or illness. III 2. Workers' Compensation Medical Appointments Upon return to work from an industrial injury leave, an employee shall provide a written statement from a doctor to his/her immediate supervisor stating that a specified number of appointments are necessary for workers' compensation approved treatment. This shall occur before the scheduling of treatment begins. F. Maternity Leave An employee with at least six months of service may request up to one hundred twenty (120) calendar days leave of absence for the purpose of childbirth or postnatal care. All requests for maternity leave must be written and shall be made to the employee's Department Head at least three (3) weeks prior to the requested date for the beginning of the absence. The request is subject to review and final approval by the City Manager. A physician shall verify the pregnancy at the City's request. The employee may elect to use accumulated leave during the maternity leave. Upon return from maternity leave, the employee will be reinstated to the position held at the time the leave was granted. The City will continue to pay its portion of the costs of the several benefits (benefits allowance, life and dental insurance, and any other benefits subsequently enacted) for the first ninety (90) days of maternity leave. The employee will pay the costs of these II benefits thereafter. G. Leave Without Pay Ij It is not the policy of the City to grant leaves of absence under most circumstances. In cases of hardship or for other good and sufficient reason, the City Manager may grant leaves of absence upon written request by the employee, for a period up to 90 days. The employee will not accrue any annual leave while on leave without pay and the leave period will be considered as discontinuous service. I H. Exempt Employees Exempt employees are paid on a salary basis. This agreement shall not be construed to permit or require weekly salary reductions affecting FLSA exempt employees, except as permitted under the FLSA XV. RETIREMENT (PERS) The City is a contracting agency of the Public Employees Retirement System (PERS). Regular employees become members immediately upon employment and become vested after five years. The City pays the 7% employee's contribution in addition to the City's contribution. The City through its contract with PERS provides for additional retirement benefits 11 I II, I 1 aj including one year final compensation, service credit at retirement for unused sick leave, survivor continuance, and survivor benefits if death occurs prior to retirement. I' XVI. UNIFORM AND CLOTHING ALLOWANCES Effective September 1, 1996, City maintenance employees shall receive an allowance of $350 (three hundred fifty dollars) per fiscal year for the purchase of pants, safety boots, and uniform cleaning. Three shirts per employee per year are purchased directly by the City, in colors designated by the Public Works Director. Community Service Officers shall receive an allowance of $500 (five hundred dollars) per fiscal year for purchasing and cleaning their uniforms. Building Inspectors shall receive an allowance of $150 (one hundred fifty dollars) per fiscal year for protective clothing. XVII. TUITION REIMBURSEMENT All regular employees of the City who have been employed continually for at least three months prior to the commencement of an approved or required course are eligible for the City's tuition reimbursement program. If the course(s) taken is job related, 100% reimbursement will be afforded for tuition, fees and books by the City up to a maximum of $250 per employee per year. The course(s) taken may be, but need not be in fulfillment of the requirements for a degree or certificate. Job relatedness will be determined by the Department Head and City Manager. If the course(s) is not specifically job related, reimbursement will be afforded for tuition, il fees and books by the City at 50 up to a maximum $250 per employee per year. Course(s) taken must be in fulfillment of the requirements for a degree or certificate. If an employee leaves the City voluntarily in less than one year following receipt of tuition reimbursement, a pro -rated payback will be deducted from the employee's final paycheck. Reimbursement will be afforded after successful completion of the course(s) requirements. Successful completion is defined as a "C" grade or a "Pass" on a pass -fail system. XVIII. GRIEVANCE PROCEDURE Definition: A grievance is defined as any dispute concerning the interpretation or application of this written MOU or work related problems. Step 1. The grievant shall discuss his or her written grievance with his or her immediate supervisor within five (5) working days following the event upon which the grievance is based or five (5) days following the day the grievant is aware of or should have been aware of the event upon which the grievance is based. A copy of all grievances filed with the immediate supervisor shall also be filed at the same time with the City Manager. The immediate supervisor shall answer the grievance in writing within three (3) working days of the discussion with the grievant. Step 2. If the grievant is not satisfied with the decision at Step 1, or if no decision is 12 received, the evant may appeal the decision in writing within five working days to the Y pp g 5 g Y Department Head. The Department Head will meet with the grievant within three (3) working days of his or her receipt of the grievance appeal and issue a written decision within three (3) working I' days of the grievance meeting. Step 3. If the grievant is not satisfied with the decision at Step 2, or if no decision is received, the grievant may appeal the decision in writing within five (5) working days to the City Manager. The City Manager will meet with the grievant within five working days of his or her receipt of the grievance appeal and issue a written decision within five (5) working days of the grievance meeting. Step 4. If the grievant is not satisfied with the written decision from the City Manager, or if no decision is offered, the SEA, on behalf of the grievant, may appeal the decision in writing within ten (10) working days to the City Council. The unit member may appear at the hearing with an SEA representative. Upon receipt of the grievance appeal, the City Council will review the matter and resolve it by final decision that will be binding and conclusive on all concerned. The Council will exert all reasonable efforts to complete its review and inform the employee of its decision within two weeks after receipt of the appeal. XIX. SCOPE OF AGREEMENT II This Memorandum of Understanding represents the entire and complete understanding reached between the representatives of the City of Saratoga and the representatives of the Saratoga Employees Association for the period designated and applies to all positions represented by the Saratoga Employees Association designated by the following classifications: Administrative Analyst I and II, Assistant Engineer, Assistant Planner, Associate Engineer, Associate Planner, Building Inspector, Building Maintenance Custodian, Community Services Officer, Deputy City Clerk, Facilities Coordinator, Facilities Maintenance Leadworker, Irrigation Specialist, Japanese Garden Specialist, Office Specialist I, II and III, Park Maintenance Leadworker, Park Maintenance Workers I and II, Plan Check Engineer, Public Services Assistant, Recreation Supervisor, Senior Building Inspector, Senior Engineering Technician, Street Maintenance Leadworker, Street Maintenance Workers I and II, Street Maintenance Specialist, Technology Coordinator. XX. RATIFICATION This Memorandum of Understanding is subject to ratification by a majority vote of the members of the Saratoga Employees Association. City Council adoption of Resolution No. 85 -9.107 and ratification by the SEA will put the terms of the Memorandum into effect. 13 i I Representatives of the Representatives of the City of Saratoga Saratoga Employees Association Larry I. Perlin, City Manager Richard Torres, President Date: Date: Art Hartinger, Liebert, Cassidy Frierson Rebecca Spoulos, Secretary Date: Date: Betsy Cory, Treasurer Date: Michael Berman, United Public Employees of California Date: 14 i i Exhibit "B" 4�F 'fig- `5•. y C t oara a „n Non Mana e mentSala Ran :(Se te 1997 Range Position A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step 102 Administrative Analyst I 3,256 3,337 3,421 3,506 3,594 3,684 3,776 3,870 3,967 4,066 4,168 114 Administrative Analyst II 3,669 3,761 3,855 3,951 4,050 4,151 4,255 4,361 4,470 4,582 4,697 114 Assistant Engineer 3,669 3,761 3,855 3,951 4,050 4,151 4,255 4,361 4,470 4,582 4,697 102 Assistant Planner 3,256 3,337 3,421 3,506 3,594 3,684 3,776 3,870 3,967 4,066 4,168 120 Associate Engineer 3,894 3,991 4,091 4,193 4,298 4,406 4,516 4,629 4,744 4,863 4,985 114 Associate Planner 3,669 3,761 3,855 3,951 4,050 4,151 4,255 4,361 4,470 4,582 4,697 62 Building Maintenance Custodian 2,187 2,242 2,298 2,355 2,414 2,474 2,536 2,600 2,665 2,731 2,800 114 Building Inspector 3,669 3,761 3,855 3,951 4,050 4,151 4,255 4,361 4,470 4,582 4,697 85 Community Service Officer 2,748 2,817 2,887 2,959 3,033 3,109 3,187 3,267 3,348 3,432 3,518 94 Deputy City Clerk 3,007 3,082 3,159 3,238 3,319 3,402 3,487 3,574 3,664 3,755 3,849 89 Facility Coordinator 2,860 2,932 3,005 3,080 3,157 3,236 3,317 3,400 3,485 3,572 3,661 94 Facility Maintenance Leadworker 3,007 3,082 3,159 3,238 3,319 3,402 3,487 3,574 3,664 3,755 3,849 89 Irrigation Specialist 2,860 2,932 3,005 3,080 3,157 3,236 3,317 3,400 3,485 3,572 3,661 94 Japanese Garden Specialist 3,007 3,082 3,159 3,238 3,319 3,402 3,487 3,574 3,664 3,755 3,849 65 Office Specialist I 2,253 2,309 2,367 2,426 2,487 2,549 2,613 2,678 2,745 2,814 2,884 76 Office Specialist II 2,514 2,577 2,641 2,707 2,775 2,844 2,915 2,988 3,063 3,140 3,218 87 Office Specialist III 2,803 2,873 2,945 3,019 3,094 3,171 3,251 3,332 3,415 3,501 3,588 94 Parks Maintenance Leadworker 3,007 3,082 3,159 3,238 3,319 3,402 3,487 3,574 3,664 3,755 3,849 69 Parks Maintenance Worker I 2,345 2,404 2,464 2,525 2,588 2,653 2,719 2,787 2,857 2,929 3,002. 84 Parks Maintenance Worker II 2,721 2,789 2,859 2,930 3,003 3,079 3,156 3,234 3,315 3,398 3,483 123 Plan Check Engineer 4,011 4,111 4,214 4,319 4,427 4,538 4,652 4,768 4,887 5,009 5,134 94 Public Services Assistant 3,007 3,082 3,159 3,238 3,319 3,402 3,487 3,574 3,664 3,755 3,849 76 Recreation Program Coordinator 2,514 2,577 2,641 2,707 2,775 2,844 2,915 2,988 3,063 3,140 3,218 98 Recreation Supervisor 3,129 3,207 3,287 3,370 3,454 3,540 3,629 3,719 3,812 3,908 4,005 119 Senior Building Inspector 3,852 3,948 4,047 4,148 4,252 4,358 4,467 4,579 4,693 4,811 4,931 114 Senior Engineering Technician 3,669 3,761 3,855 3,951 4,050 4,151 4,255 4,361 4,470 4,582 4,697 94 Street Maintenance Leadworker 3,007 3,082 3,159 3,238 3,319 3,402 3,487 3,574 3,664 3,755 3,849 89 Street Maintenance Specialist 2,860 2,932 3,005 3,080 3,157 3,236 3,317 3,400 3,485 3,572 3,661 69 Street Maintenance Worker I 2,345 2,404 2,464 2,525 2,588 2,653 2,719 2,787 2,857 2,929 3,002 84 Street Maintenance Worker II 2,721 2,789 2,859 2,930 3,003 3,079 3,156 3,234 3,315 3,398 3,483 114 Technology Coordinator 3,669 3,761 3,855 3,951 4,050 4,151 4,255 4,361 4,470 4,582 4,697 Exhibit "B" 'city! of a z r it If r J 4- e a met n-Sala "Ran e J 1 998 -M nage tt. !Y 9. s ul (July Range Position A Step B Step C Step D Step E Step F Step G Step H Step I Step J Step K Step 102 Administrative Analyst I 3,354 3,438 3,523 3,612 3,702 3,794 3,889 3,986 4,086 4,188 4,293 114 Administrative Analyst II 3,779 3,873 3,970 4,070 4,171 4,276 4,382 4,492 4,604 4,719 4,837 114 Assistant Engineer 3,779 3,873 3,970 4,070 4,171 4,276 4,382 4,492 4,604 4,719 4,837 102 Assistant Planner 3,354 3,438 3,523 3,612 3,702 3,794 3,889 3,986. 4,086 4,188 4,293 120 Associate Engineer 4,011 4,111 4,214 4,319 4,427 4,538 4,652 4,768 4,887 5,009 5,134 114 Associate Planner 3,779 3,873 3,970 4,070 4,171 4,276 4,382 4,492 4,604 4,719 4,837 62 Building Maintenance Custodian 2,253 2,309 2,367 2,426 2,487 2,549 2,613 2,678 2,745 2,814 2,884 114 Building Inspector 3,779 3,873 3,970 4,070 4,171 4,276 4,382 4,492 4,604 4,719 4,837 85 Community Service Officer 2,830 2,901 2,973 3,048 3,124 3,202 3,282 3,364 3,448 3,534 3,623 94 Deputy City Clerk 3,097 3,174 3,254 3,335 3,419 3,504 3,592 3,681 3,773 3,868 3,964 89 Facility Coordinator 2,946 3,020 3,095 3,173 3,252 3,333 3,416 3,502 3,589 3,679 3,771 94 Facility Maintenance Leadworker 3,097 3,174 3,254 3,335 3,419 3,504 3,592 3,681 3,773 3,868 3,964 89 Irrigation Specialist 2,946 3,020 3,095 3,173 3,252 3,333 3,416 3,502 3,589 3,679 3,771 94 Japanese Garden Specialist 3,097 3,174 3,254 3,335 3,419 3,504 3,592 3,681 3,773 3,868 3,964 65 Office Specialist I 2,321 2,379 2,439 2,499 2,562 2,626 2,692 2,759 2,828 2,899 2,971 76 Office Specialist II 2,589 2,654 2,720 2,788 2,858 2,929 3,002 3,078 3,154 3,233 3,314 87 Office Specialist III 2,887 2,959 3,033 3,109 3,187 3,266 3,348 3,432 3,518 3,605 3,696 94 Parks Maintenance Leadworker 3,097 3,174 3,254 3,335 3,419 3,504 3,592 3,681 3,773 3,868 3,964 69 Parks Maintenance Worker I 2,415 2,475 2,537 2,601 2,666 2,732 2,801 2,871 2,942 3,016 3,091 84 Parks Maintenance Worker II 2,803 2,873 2,945 3,019 3,094 3,171 3,251 3,332 3,415 3,501 3,588 123 Plan Check Engineer 4,131 4,234 4,340 4,449 4,560 4,674 4,791 4,910 5,033 5,159 5,288 94 Public Services Assistant 3,097 3,174 3,254 3,335 3,419 3,504 3,592 3,681 3,773 3,868 3,964 76 Recreation Program Coordinator 2,589 2,654 2,720 2,788 2,858 2,929 3,002 3,078 3,154 3,233 3,314 98 Recreation Supervisor 3,223 3,304 3,386 3,471 3,558 3,647 3,738 3,831 3,927 4,025 4,126 119 Senior Building Inspector 3,968 4,067 4,169 4,273 4,380 4,489 4,602 4,717 4,835 4,955 5,079 114 Senior Engineering Technician 3,779 3,873 3,970 4,070 4,171 4,276 4,382 4,492 4,604 4,719 4,837 94 Street Maintenance Leadworker 3,097 3,174 3,254 3,335 3,419 3,504 3,592 3,681 3,773 3,868 3,964 89 Street Maintenance Specialist 2,946 3,020 3,095 3,173 3,252 3,333 3,416 3,502 3,589 3,679 3,771 69 Street Maintenance Worker I 2,415 2,475 2,537 2,601 2,666 2,732 2,801 2,871 2,942 3,016 3,091 84 Street Maintenance Worker II 2,803 2,873 2,945 3,019 3,094 3,171 3,251 3,332 3,415 3,501 3,588 114 Technology Coordinator 3,779 3,873 3,970 4,070 4,171 4,276 4,382 4,492 4,604 4,719 4,837 SARATOGA CITY COUNCIL Q i EXECUTIVE SUMMARY NO. 2 q AGENDA ITEM Q/ .r MEETING DATE: December 3, 1997 CITY MANAGER /W I ORIGINATING DEPT.: Administrative Services SUBJECT: Proposed Replacement of Workstations Recommended Motion(s): Approve the replacement of existing workstations (panels, work surfaces and filing/storage capacity) in the Finance office in accordance with a plan provided by Space Designs, Inc. for $10,374.31. Report Summary: During the FY 1996 -97 annual audit and concurrent reorganization effort in the City of Saratoga, it became evident to the City's former Administrative Service Director that the use of space within the Finance office failed to deal with: (1) the critical need for additional filing and storage capacity, (2) the addition of one employee into the office area, and (3) important accomodations for persons with disabilities. The City's external auditors concurred with the observation that financial records would remain difficult to access without additional capacity and attention to organization. During the month of September 1997, bids for replacement work stations and filing systems were received from Space Designs, Inc. and Curtis Trading Company. Space Designs, Inc. offered the lowest bid of $10,374.31. The plan provided by Space Designs, Inc. (copy attached) illustrates how the concerns listed above would be addressed. In addition, a small table would fit in front of the safe for auditors or employees to use when working with documents in the Department. ADA- related accomodations would be provided in the form of the proposed handrail supports incorporated into the plan. Fiscal Impacts: Sources of funding: 270 9010- 6224010 3,899.94 001 1060 5134010 2,205.23 001 1055 613 -6004 4,269.37 Total $10,374.31 These funds have balances sufficient to absorb the expenditures as allocated above without affecting any other operational plans. Follow Up Action(s): Complete transaction and surplus existing workstations and filing systems. 1 Consequences of Not Acting on Recommended Motion(s): A $4,269.37 downpayment was made to secure filing and storage components. If Council chooses not to grant approval of this workstation replacement proposal in its entirety, the downpayment may be applied to a scaled -back approach to address these pressing concerns. i I Attachment(s): Space plan by Space Designs, Inc. II I it 2 1 Ut ,I c‘l J I I,J.11.) I U 1 IL.uV I hull v I 1■1. ii... 1‘.111 1 r,..5. i, I --of e 1011' •y ..anrdadad 11• 1 1' 111' .addric 2 1 .1 t 9'1' mi l( t t r 2'9' I -"Si l' t‘ A B 3 MEM i ea iI. 9 0 2 I i.---. I 1011 i i c•- i 10 i ti; yr 9'1* z1; I I 2 I 'I F 11 1 27* 72 12'4* I Plan Pg 1 of 1 OFFICE Outline Door/Opening .4-04.. Window Column ft Scale 1/8°.1" a CONNECTORS SLC I T-Connecter <I Wallsulp I Expanded COH IP Components HicISurf MIIIII•Wily or Enrico Snermn PwIr Pantie M ultl-way 0 I ATTACHED Dom PONENTe (Lotter on panel tun nInvation view vailable/ Worksurface 24• E",7:1 30* ,...■.1 Conference Return F Counter Cap r: car,thaver wi L. bracket 1:4= ad 2L brackets E:- :I Corner Center Clip 13 End Bracket Kit IP Ganging Plato to Pedestal or Drawer Worksurface Support Flipper, or Shell without Light with Light C=Z;) Tackboard 12 16 FREESTANDING COMPONENTS 1 ;Onward' under Iberian nom Lembersky Chi Incorporated. Cheeped. I 1 1 Chats IC:a Searft, WA (V 16 1) 1 I I 1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. a q4 I AGENDA ITEM e MEETING DATE: DECEMBER 3, 1997 CITY MANAGER: It d. ORIGINATING DEPT: Community Environment- DEPT. HEAD: Rebecca Spoulos, Code Enforcement i I SUBJECT: Council approval of Data Ticket, Inc., as the City's parking citation vendor I RECOMMENDED MOTION(S): Move to accept contract with Data Ticket, Inc., as the City's parking citation vendor, and increase bail amounts for selected parking ordinance violations. REPORT SUMMARY: Last year the City of Saratoga collected revenue from 862 parking citations. The total amount of receipts earned was $31,663. However, since the end of June 1997, the City has not been able to process parking citations issued by the Sheriff's department. The computer software program used in -house crashed, and the parking citation data was lost. Also, due to the recent re- organization, there has not been available staff to work on processing the tickets. This has caused a backlog of approximately 300 citations, at a value of approximately $14,000. The proposal to solve this dilemma is to contract out the parking citation operation to a private vendor as many cities do. A proposed agreement (attached) was developed by Data Ticket, Inc. which currently is under contract with the City to place our DMV liens. They also process tickets for the City of Cupertino. The agreement with Data Ticket, Inc. would include the following: All bail amounts (fees) will be collected at City Hall. Data Ticket, Inc. will send the. City a monthly invoice based on the amount of tickets processed by them each month. Processing charge is $1.35 per ticket with a minimum charge of 100.00 per month. Data Ticket, Inc. will send the County $5.00 per citation which is required for court and jail fees. Delinquent parking citation notices will be sent by Data Ticket, Inc., at an additional charge of 35% of the citation amount. Delinquent tickets automatically incur a. $15.00 penalty, so this charge will be taken from this fee. They will also place the DMV liens that becomes necessary. Contested citations will be handled by Data Ticket, Inc. They will provide a toll free 800 number for people to call or include an address where written appeals can be mailed. Should the ticket be contested beyond this first appeal step, a Hearing Officer will be sent by Data Ticket, Inc. to either Saratoga City Hall or Cupertino City Hall. The company will allow us to share the expense with Cupertino since we are neighboring cities. The cost for the Hearing Officer is $35.00 per hour for a minimum of 4 hours. The agreement is for one year, and can be automatically renewed yearly if desired. Data Ticket, Inc., will also clear the existing backlog of tickets. It is also proposed to raise the bail amounts on four parking ordinance violations in order to retain continuity throughout the bail schedule. By raising these fees, the City will be able to pay for the ticket processing, the County imposed fees, and the delinquent notice charges with no additional charges imposed on to the City. The attached schedule show the existing and proposed bail fees. FISCAL IMPACTS: Based on 1996 statistics, the City would initially pay Data Ticket, Inc., an estimated $400 under the agreement for processing the backlog of parking citations and an estimated $1200, annually for the processing service. Additionally, the City would pay 35% per citation for collection of delinquent fees, and for the DMV liens, It is estimated that the City would also pay a one time fee of $350 to implement the Hearing Officer program, and an annual cost of approximately $450 for the hearings. These costs would be recovered under the proposed bail schedule. ADVERTISING, NOTICITNG AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The contract would not be accepted. The status of the parking citations will remain unprocessed, and the City would lose all revenue on uncollected fees from outstanding parking citations, which is approximately $14,000 dollars. FOLLOW UP ACTIONS: The contract will be signed and an open purchase order will be sent to Data Ticket, Inc. All parking citations will be sent to the company for processing and collection. ATTACHMENTS: 1. Contract from Data Ticket, Inc. 2. Proposed Parking citation bail amounts 3. 1996 Parking Citation Revenue by Month NOV -21 -1997 15:38 DRTRTICKET DJ l�l AGREEMENT FOR PROCESSING PARKING CITATIONS A. This Agreement is made and entered into, in duplicate originals, between "Data Ticket, Inc." A California Corporation 9911 Larson Avenue, Suite A Garden Grove, California 92644 -1631 (hereinafter sometimes referred to as "COMPANY AND it CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CA Me /5 0/0 (hereinafter sometimes referred to as "PUBLIC ENTITY 3 al December, is made and entered into as of this rte, day of .Noveber 1997. The parties intend by this Agreement to provide for the processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California. ARTICLE I CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations which COMPANY shall receive from PUBLIC ENTITY. COMPANY will provide a reconciliation of the number of citations received from PUBLIC ENTITY. The PUBLIC ENTITY will be notified of discrepancies in citation counts received for processing. 1.2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by PUBLIC ENTITY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to PUBLIC ENTITY within seven (7) days for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the PUBLIC ENTITY as unprocessable. 1 n:users/aline /dailysara.doc I, �i. NOV -21 -1997 15 39 DATAT1CKET D» 1�11 II 1.3 Collection and deposit of funds: The PUBLIC ENTITY shall collect and deposit all funds at a financial institution designated by PUBLIC ENTITY. The PUBLIC ENTITY shall own the account and deposits shall be made directly into that account by the PUBLIC ENTITY. COMPANY shall have no right of withdrawal from such account. In accordance with Article IV hereof, The COMPANY will invoice the PUBLIC ENTITY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 12% (or lower if any statutes, rules or regulations prohibit this rate). 1.4 Identification of Registered Vehicle Owners: COMPANY shall make up to ten (10) requests to obtain the name and address of the registered vehicle owner from the California State Department of Motor Vehicles. The number of attempts made to obtain information from the appropriate out -of -state Department of Motor Vehicles for each respective out -of -state registered vehicle for which a parking citation has been issued but payment has not been rece ived within the required time period will be discretion of COMPANY. 1.5 Verification of Ownership: COMPANY will take reasonable measure to identify and verify registered vehicle owners. Such measure will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases. 1.6 Delinquency Notjces,: In accordance with State law COMPANY will generate a nd mail (presorted, first -class postage) no sooner than twenty -one (21) days of citation issuance date, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the California Vehicle Code, including, but not limited to, the lil following: A. The parking citation issuance date and number; B. The consequences of nonpayment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for their arrest; and C. The amount of fines and fees due and payable. 1.7 Registration Bolds: The COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to place a hold on vehicle registration having unpaid parking fines and l i fees due against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. 2 n:users /aline/dailysara.doc NOU -21 -1997 15:39 DATATICKET 714 D.)4 1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the California State Department of 0 or Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY. 1.9 Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an administrative hearing /court appearance. All contested citations will be forwarded to the hearing administrator or PUBLIC ENTITY within the prescribed time period so that the matter can be adjudicated. 1.10 Citations Disposed of by Heating /Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing /court action. Parking citations which are dismissed as a result of hearing /court action, will have the dismissal processed by the COMPANY promptly after receipt from the Hearing /Court. 1.11 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the PUBLIC ENTITY. COMPANY will promptly return any citation or facsimile properly requested by the PUBLIC ENTITY. COMPANY will maintain records indicating any suspension of citation as a result of PUBLIC ENTITY's request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the PUBLIC ENTITY. 1.12 Payments by U.S. Mail: The postmark date will be the criteria to establish any delinquent fees due. 1.13 Parking Citation System Master File Update: COMPANY will regularly update the parking citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE 11 PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of one (1) year. Closed citations will remain on -line for at least one (1) year, for research and statistical purposes. 3 n:userslallne /dairysera.doc NOV -21 -1997 15:40 DRTRT I CKET I I 2.2 Payments Processing: COMPANY shall process citation payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices -of- Intent.) "Partial Payments" are citations paid after the due date, or if the defendant has paid less than the amount of bail due. A Notice -of- Intent, or a postcard will advise defendant of late charges and /or incorrect bail. In such cases, COMPANY, in its discretion, may return the original check to the sender. "Court/Hearing Requests" are all requests for administrative /court hearings by defendants. These requests are sorted so that bail submitted is immediately posted, and if needed, the original citations are retrieved. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY for proper follow -up by the PUBLIC ENTITY. 2.4 Patching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citations payment documentation shall then be stored in a file room, for a period of one (1) year. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in triplicate, allowing one (1) copy for the PUBLIC ENTITY and one (1) copy for the COMPANY. All deposits shall be directly deposited into the PUBLIC ENTITY's designated bank account. PUBLIC ENTITY will supply deposit slips and endorsement stamp to COMPANY. COMPANY shall only have the capability to make deposits on l i behalf of the PUBLIC ENTITY. 4 1 n:userslalineldallysara.doc NOU -21 -1997 15 :40 DATATICKET r'1w SJ�; iDl 2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. This report will also provide information regarding the PUBLIC ENTITY's responsibility to the County for the Jail and Court fund if applicable. i 5 n:users/aline/dailysara.doc t i NOV-21-1997 15:40 DATATICKET 714 J.34 1J11 I it ARTICLE III GENERAL 3.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a nonjudicial nature. Inquiries of a judicial nature will be referred to the PUBLIC ENTITY for determination. 3.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without PUBLIC ENTITY's prior approval. 3.3 Use of Approved Forms: PUBLIC ENTITY shall have the right to reasonable approval of all forms, delinquency notices and correspondence sent by the COMPANY. Forms, delinquency notices and correspondence must conform to State and local law. 3.4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the PUBLIC ENTITY's jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by PUBLIC ENTITY at the COMPANY's location at reasonable times upon adequate prior notice to COMPANY. 3.5 Property of COMPANY: A. The parties hereto agree that COMPANY is the owner of and shall remain the owner of all its concepts, approaches, trade secrets, computer programs, experience, written procedures, forms, magnetic tapes, punch cards, and similar computer materials related to the activities conducted pursuant to this Agreement. B. Trade secrets shall include, without limitation, computer software and ideas included therein. C. During the term of this Agreement and the relationship of the parties, COMPANY may develop new and additional programs and /or methods of handling and processing data. All such subsequent developments, programs and methods are agreed to be the property of COMPANY. 3.6 Property of PUBLIC ENTITY: All documents, records and tapes supplied by PUBLIC ENTITY to COMPANY in performance of this contract is agreed to be and shall remain the sole property of PUBLIC ENTITY. COMPANY agrees to return same promptly to PUBLIC ENTITY no later than forty -five (45) days following notice to the COMPANY. The PUBLIC ENTITY shall make arrangements with COMPANY for the transmission of such data to the PUBLIC ENTITY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY's computer facilities to PUBLIC ENTITY's designated point of delivery, plus any open invoices. If termination of this Agreement is by 6 n:users/alineldaiysaru.doc NOV -21 -1997 15:41 DWI X1.4 DJy iJlr COMPANY and not based upon fault of PUBLIC ENTITY, COMPANY will waive all costs required by this paragraph. 3.7 COMPANY Files: COMPANY shall maintain master files on parking citations referred to it for processing under this Agreement. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. 3.8 Storage for PUBLIC ENTITY: ;I A. COMPANY agrees to store original citations for three (3) years, at which time they will be returned to PUBLIC ENTITY. COMPANY will have such information available on system or magnetic tape data for PUBLIC ENTITY's parking citations for a reasonable time period to permit PUBLIC ENTITY retrieval of such information. PUBLIC ENTITY relieves COMPANY of all liability costs associated with data released by PUBLIC ENTITY to any other person or entity using such data. B. Subsequent to the termination of the contract, COMPANY will return hard copy to the PUBLIC ENTITY. If requested, a magnetic tape of its processed data will be provided for a fee of Seventy -Five Dollars ($75.00) per magnetic tape. ARTICLE IV CONTRACT PRICE 4.1 Basis for Fee Structure: The fee structure hereinafter provided shall be based on the combined parking citation volume. 4.2 Basis of Fee Computation: The fee due and payable to COMPANY will be computed on a per parking citation basis and will be based on the issuance date of the citation. Each parking citation assigned to COMPANY for processing shall be utilized in computing the base for the total tee. Once the initial fee has been charged for a parking citation, no additional costs can be charged by COMPANY to pursue collection except as defined in Article III, Section 3.8b, Article IV, Section 4.4 and 4.5, of this Agreement 4.3 Rate: The fee for the term of this Agreement is: $1.35 per citation, with a $100.00 minimum charge per month. 4.4 Other Fees: COMPANY shall retain 3.5 percent (35 of payments for delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria: ql A. Citations for which the California State Department of Motor Vehicles has dropped the registration hold because of a transfer of ownership of non- renewal registration. 7 n:userslaline /dallysera.doc NOV -21 -1997 15:41 DATRTICKET 714 634 11? r.iJ /ice I B. Citations with out -of -state license plates. C. Any other problem or special citations which PUBLIC ENTITY so designates and refers to COMPANY under this Agreement. 4.5 Postal Rate Increases: The COMPANY will maintain auditable records to document the COMPANY's actual increase in postage costs associated with the mailing of delinquency notices for unpaid citation and for other mailings related to the processing of correspondence, etc., concerning any citations. COMPANY will be reimbursed for postal rate increases for presorted first -class mail on a per piece mailed basis. The increase will be effective on the date that the postal rate increase takes place. ARTICLE V REPORTS 5.1 Periodic Reports: COMPANY will submit reports to PUBLIC ENTITY promptly after the end of the month or other reporting period. The reports will provide activities relating to performance under this Agreement. Among the reports which COMPANY may generate are the following: A. Report of Revenue Collected for Period B. Report by Parking Citations Issued for Period C. A balanced summary report by issuing PUBLIC ENTITY providing the status of all parking citations at the beginning of the period, current period activity, and at the end of the period. D. A report by issuing Agency identifying registered vehicle owners with five (5) or more outstanding parking citations. E. A report by issuing Agency and officer identifying the parking citations issued, location, violation and bail imposed. 5.2 Microfiche: At PUBLIC ENTITY's sole cost and expense, COMPANY will provide all available reports on microfiche, if PUBLIC ENTITY so requests in writing. ARTICLE VI TERM OF CONTRACT AND APDITIONAL SERVICES 6.1 Term and Renewals: This Agreement shall be for an initial period of one (1) year commencing as of the last date of signature. Unless notice of termination is made in writing by either party to the other no less than thirty (30) days prior to the end of the scheduled term, this Agreement shall automatically renew for subsequent one (1) year periods. In conjunction with this automatic it extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. Unless PUBLIC ENTITY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the PUBLIC ENTITY gives notice of its rejection of these price adjustments, unless there is a 8 n:users/allne/dailysara.doc NOV- 21-1997 15:41 DPI (i4 JJ+ l�l r I 'il I I further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate. 6.2 Cance. Iatiort: Upon a material breach or upon sixty (60) days written notice to COMPANY, the PUBLIC ENTITY may cancel or terminate this Agreement. The COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the written termination notice provided by PUBLIC 'j ENTITY. 6.3 Exclusivity: PUBLIC ENTITY agrees to utilize only the services of COMPANY during the term of this Agreement for the processing of the citations referred to above. PUBLIC ENTITY agrees during the term of the Agreement to not directly or indirectly assist a competitor of COMPANY in the performance of the services provided by COMPANY under this Agreement, and never to divulge the trade secrets or property of COMPANY to any unauthorized person or entity. it This Non Disclosure obligation shall survive the termination of this Agreement. ARTICLE VII CONFIDENTIALITY 7.1 Material Confidential: PUBLIC ENTITY agrees to keep confidential the procedures, approaches, and trade secrets of the COMPANY. COMPANY agrees to keep confidential the data supplied it by PUBLIC ENTITY except if the same is delivered to or released to a third party or parties at the request of PUBLIC ENTITY or as reasonably anticipated in order to supply the herein services to PUBLIC ENTITY, e.g., delivery of information to Department of Motor Vehicles. COMPANY shall not be obligated to keep confidential techniques developed by COMPANY jointly with PUBLIC ENTITY regarding this subject of this Agreement. ARTICLE VIII CLAIMS AND ACTIONS 8.1 Reasonable Assistance of COMPANY: In the event any claim or action is brought against PUBLIC ENTITY relating to COMPANY's performance or services rendered under this Agreement, COMPANY shall render any reasonable assistance and cooperation which PUBLIC ENTITY might require. 8.2 PUBLIC ENTITY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY's performance of services rendered under this Agreement, COMPANY shall notify the PUBLIC ENTITY, in writing, within five (5) days, of said claim or action. ARTICLE IX SUBCONTRACTORS AND ASSIGNMENTS 9.1 Subcontracting: COMPANY is authorized to engage subcontractors, as permitted by law, at COMPANY's own expense.: g n:users /aline/daiysara.doc NOV -21 -1997 15:42 DATATICKET 714 5 4 i�ir r.i� lti 9.2 Assignments: This contract may not be assigned without the prior written consent of the PUBLIC ENTITY. ARTICLE X -INDEPENDENT COMPANY 10.1 COMPANY'S Relationship: COMPANY'S relationship to PUBLIC ENTITY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY's exclusive direction and control and shall be employees of COMPANY and not employees of the PUBLIC ENTITY. COMPANY shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither COMPANY nor any agent or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of PUBLIC ENTITY, and COMPANY hereby expressly waives any claim it might have to such rights. ARTICLE XI INSURANCE 11.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the term of this Agreement, the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the PUBLIC ENTITY and certificates of such insurance shall be delivered to the PUBLIC ENTITY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be canceled, reduced in coverage or limits or non- renewed except after thirty (30) days written notice has been given to the PUBLIC ENTITY. A. Comprehensive general liability insurance covering bodily and personal injury and property damage. Limits shall be in an amount of not less than $1,000,000 per occurrence. Such insurance policies shall name the PUBLIC ENTITY, its officers, agents and employees, individually and collectively, as additionally insured. Such coverage for additional insured shall apply as primary insurance and any other insurance or self- insured retention maintained by the PUBLIC ENTITY its officers, agents and employees shall be excess only and not contributing with insurance provided under said policy. 10 n:userslalineldailysara.doc NOU -21 -1997 15 42 DATATICKET 714 5j4 Should the above policy be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 -day written notice to the certificate holder named on the policy, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurance company, its agents or representatives. B. Comprehensive automobile liability owned, non -owned and hired vehicles with not less than One Million ($1,000,000) Dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above. C. Throughout the period of agreement COMPANY, at its sole cost, shall maintain in full force and effect a policy of worker's compensation insurance covering all of its employees as required by the labor code of the State of California. ARTICJ-E XII ENTIRE AGREEMENT 12.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally, and no modification or any claim of waiver of any of the provision shall be effective unless in writing and signed by both parties. 11 n:users/aline /daiysara.doe NOV -21 -1997 15:43 DRTRT ICKET j Z)i r ice• 1 r 12.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. 12.3 Notices to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first- class, addressed to the following: AS TO PUBLIC ENTITY: CITY OF SARATOGA AS TO COMPANY: DATA TICKET, INC. A California Corporation ATTENTION: MS. MARJORIE FLEMING 9911 LARSON AVENUE, SUITE A GARDEN GROVE, CALIFORNIA 92644-1631 kk I I 4 I IIII i 9 i n:users/aline /dallysara.doc 12 n:users/daiysara.doc TOTAL P.14 NOU -21 -1997 15: 38 DATAT I CKET i HEARING AGREEMENT This agreement between the City of Saratoga and Data Ticket, Inc. is for the usage of a Administrative Hearing Officer process designed to provide for the adjudication of parking citations. 1. Data Ticket is authorized to act as an agent for the Agency to adjudicate parking citations for a period of one year with automatic renewal. Either party may terminate this agreement with 60 days written notice. 2. The Agency will provide a mutually suitable arrangement for the collection of funds, and express authorization to do business on the Agency 's behalf with Department of Motor Vehicles in the United States and the violators. 3. Data Ticket will: provide and schedule Hearing Officers to respond to parking violators wishing to contest their citation over the phone or by mail; provide a Toll Free 800 number for the violators to call, correspond with violators and notify them of decisions; maintain records of dispositions, appeal paperwork, and deliver this information to the Agency to update its files; provide the Agency with management reports; use its best efforts to provide an orderly manner in which contested parking citations will be processed. 4. The Agency will compensate Data Ticket at a rate of $.35 per issued violation at the beginning of this agreement. This rate will be based upon the number of citations issued the previous year, with a minimum rate of $350.00 r In-person hearin s will be held every year. Y other month on site provided by P Y hearings Agency or neighboring Agency and will be invoiced at a minimum rate of $35.00 per hour for a minimum of four hours. This amount may be shared with neighboring Agencies using Data Ticket hearing services. The Agency ri will be responsible to pay the $25.00 Court filing fee, if the review and administrative adjudication decisions are overturned by the Court. 5. Data Ticket shall not be responsible for the Agency 's failure to provide fl correct or timely infraction information. 6. The terms of this document shall not be disclosed by the Agency, except as required by law, unless written agreement is given by Data Ticket. ACCEPTED: City of Saratoga 4 3.4 a Date Date n: fusers1sharon1ab408agr \saratoga.doc t4 :l +J City of Saratoga Dated 12/3/97 Proposed Parking Bail Schedule Prepared by Rebecca Spoulos Section Violation Description Proposed Bail Existing Bail 09- 15.050 Parking where prohibited (red zone) 40.00 40.00 09- 15.060 Parking in excess of time limit X40 00 35.00 09- 15.090 Parking in commercial zone 40.00 40.00 09- 15.100 Parking in passenger zone 40.00 40.00 09- 15.120 Parking in bus loading zone 255.00 255.00 09- 15.130 Parking in mail deposit 40.00 40.00 09- 20.030 Parking in prohibited areas City Hall I'r 40 00 35.00 09- 25- 020(b) Parking in excess of 72 hr on public street 55.00 55.00 09- 25.010(a) Repairing vehicle on public street 40.00 40.00 09- 25.030 Commercial vehicle on residential street longer than 20' or over 8' in height between hours of 2000 -0800. 105:00 55.00 09- 40.050 Commercial vehicle off truck route 105.00 105.00 10- 05.050 Parking on a sidewalk or ped. pathway 47 '40 oal 35.00 15- 12.160(b) Parking on private prop. over 120 hrs 55.00 55.00 15- 35.110(a) Parking for sale on a commercial lot 45.00 45.00 15- 35.110(b) Parking more than 1 car for sale private property 45.00 45.00 1996 Parking Citation Revenue by Month Month Dollars #Cites January 2,976.00 59 February 798.00 23 March 1,470.00 38 April 2,735.00 70 May 3,591.00 111 June 3,502.00 93 July 3,025.00 88 August 2,445.00 77 September 1,933.00 61 October 3,823.00 91 November 2,400.00 67 December 2,965.00 84 31,663.00 862