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HomeMy WebLinkAbout10-21-1998 City Council packetPublic hearings will start promptly at 8:00, when the Council will move from whatever item it is considering at that time to public hearings. Note: Devices to assist the hearing impaired are now available in the lobby. TIME: Wednesday, October 21, 1998 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Mayor's Report on Closed Session. 7:30 Pledge of Allegiance 14. ROLL CALL 2. CEREMONIAL ITEMS AGENDA SARATOGA CITY COUNCIL Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Name of Case: San Francisco Baykeepers et al. vs. State Water Resources Control Bd., City of Saratoga et al. 7:00 in Administration Conference Room, 13777 Fruitvale Avenue A. Introduction of New Employees: Linda Burke, City Manager's Office B. Resolution commending Oliver Wright for Service as Interim Finance Director C. Resolution commending Charlene Low for Service on Finance Commission 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 16. 4. COMMUNICATIONS FROM COMNIISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS B. COMMUNICATIONS FROM COMMISSIONS None. City Council Agenda 2 October 21, 1998 C. WRITTEN COMMUNICATIONS 5. CONSENT CALENDAR These items will be acted upon in one motion for each section unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. However, items in Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which the hearing was closed. Those items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. A. Previously- Discussed Items None. B. New Items 1) Letter from City of Angels Camp requesting financial support for legal costs incurred in Fukuda v. City of Angels Camp 1) Planning Commission Actions, 10/14 Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings No new hearings scheduled for November 4. 3) Resolution authorizing City to submit an Application for a Grant from Office of Traffic Safety 4) Approval of Check Register 5) Award of Construction Contract for Annual Concrete Repair Project 6) Award of Construction Contract for Civic Theater Lighting System (report to be delivered next week) 7) Final Map Approval for Tract 9101 located at 13480 Saratoga Ave. (Owner: Fitzsimmons) 8) Quarterly Report on City's NPDES Activities Letter from Water Quality Control Board City Council Agenda 3 October 21, 1998 C. CLAIMS AGAINST THE CITY None. 6. PUBLIC HEARINGS 8:00 pm. A. Vessing Road Assessment District Protest hearing (continued from September 2) Recommended Action: Open hearing; continue to February 3, 1999. r 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral C M communications 7. OLD BUSINESS None. 8. NEW BUSINESS A. Appointment of John Cherbone as Acting Director of Public Works 9. ROUTINE MATTERS (Note: City Attorney will be excused at this point if no longer needed.) A. Approval of Minutes -10/7 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the meeting of October 27.) City Manager Evaluation Quarterly Program and Project Review Process for handling Written Communications City Council Agenda 4 October 21, 1998 B. Other 11. CITY MANAGER'S REPORT 12. ADJOURNMENT to next meeting at 6:00 p.m. on Tuesday, October 27, in Adult Care Center, 19655 Allendale Avenue. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Peter Gonda at 408/868 -1221. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA Title II] WHEREAS, Oliver (011ie)Wright served the City of Saratoga as Interim Finance Director from March 1998 through September 1998, and WHEREAS, 011ie brought to this assignment valuable experience in both the public service and in private business, and WHEREAS, 011ie worked effectively with department heads and other members of the management team on interdepartmental projects and programs, and WHEREAS, 011ie was particularly effective in continuing the implementation of the City's new financial system, assisting in the preparation of the Fiscal Years 1998 -99 and 1999 -00 Budgets, and managing the Finance department during this difficult time, and WHEREAS, 011ie accomplished all this with tremendous good humor which made working with him a pleasure for the staff, the Finance Commission, and the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby commend 011ie Wright for the dedication and enthusiasm he has given the City of Saratoga and wishes him continued success and professional satisfaction in his future endeavors. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 21 day of October, 1998, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk 2,s Clitg of ;Saratoga flOLqIofl RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING OLIVER WRIGHT Mayor RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING CHARLENE LOW WHEREAS, Charlene Low has served on the Finance Commission since December 1992, and WHEREAS, she has participated in a number of important matters considered by the Commission in its work of increasing the City's and the Council's awareness of and attention to financial matters, and NOW, THEREFORE, BE IT RESOLVED, THAT CHARLENE LOW is hereby commended and thanked for her years of service on the Finance Commission. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 21' day of October 1998, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk Mayor 2G EXECUTIVE SUMMARY NO. MEETING DATE: OCTOBER 21, 1998 ORIGINATING DEPT.: CITY MANAGER RECOMMENDED MOTION(S): REPORT SUMMARY: FISCAL IMPACTS: SARATOGA CITY COUNCIL AGENDA ITEM CITY MANAGER: DEPT. HEAD: SUBJECT: Letter from City of Angels (Angels Camp) requesting financial contribution in Fukuda v. City of Angels Camp None. Determine whether to make a financial contribution to the City of Angels to help defray that city's legal expenses in the subject case. Attached is a letter received from the City of Angels (Angels Camp), which was sent to all California cities, requesting financial assistance to help offset legal expenses incurred in a case which is now before the State Supreme Court, Fukuda vs. City of Angels Camp. At issue is whether an administrative agency has the burden of proof in mandamus proceedings challenging an agency action. At Wednesday's meeting, the City Attorney will discuss the case with you and explain its relative importance to Saratoga. The Council should then determine whether or not to make a financial contribution to the City of Angels Camp to help that City offset its legal expenses which, as the letter states, constitutes a significant portion of their general fund budget. Depends on Council's action. If the Council decides to make a contribution, there are sufficient funds in the Council's contingency budget to do so. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N /A. FOLLOW UP ACTIONS: Again, depends on Council's action. ATTACHMENTS: Letter from City of Angels dated September 21. Mayor TAD FOLENDORF Vice Mayor JACK JOHNSON Councilmembers WARREN AMBROSE DEBBIE PONTE DONNA GRIFFIN September 21, 1998 Sincerely yo Tad Folendorf Mayor CITY of ANGELS Incorporated in 1912 Post Office Box 667 584 South Main ANGELS CAMP, CALIFORNIA 95222 Phone (209) 736 -2181 Fax (209) 736 -0709 All City Mayors RE: FUKUDA V. CITY OF ANGELS CAMP Dear Fellow Mayors: The City of Angels, also known as Angels Camp, located in the Sierra Nevada foothills, is a small community of less than 3,000 people. For the past six years we have been reluctant participants in a lawsuit that has now been elevated to the Supreme Court. The outcome of this case will have long term impacts on every City and County in the State of California. If we prevail in this battle, it will be a victory for all cities and counties. This is a case about whether an administrative agency has the burden of proof in mandamus proceedings challenging an agency action. The Attorney General's Office, League of California Cities and the California State Association of Counties have all written letters in support of our position. The cost of litigation will exceed $200,000, which equates to over 20% of our annual general fund budget. This fight is a fight for your benefit as well as ours. This letter is an urgent plea for financial support to allow us to continue to fight this battle and protect the legal rights of government entities in California. Enclosed is the "Legal Advocacy Committee Report" of August, 1998, regarding the case. We ask that you consider the potential impact to your community if this ruling is allowed to stand and join with us in this pivotal battle. H O M E O F THE JUMPING FROG -7 L Administrator TIMOTHY A. SHEARER City Engineer WEBER /GHIO City Attorney RICHARD MATRANGA Who Has the Burden of Proof in Actions Challenging Administrative Actions: The Agency or The Challenger? Fukuda v. City of Angels Camp, 63 Cal. App. 4th 1426, 74 Cal. Rptr. 2d 731 (3d Dist. May 19, 1998). Case Description: This is a case about whether an administrative agency has the burden of proof in mandamus proceedings challenging an agency action. See generally Cal. Civ. Proc. Code 1094.5. The Third District Court of Appeal held that an agency which dismissed an employee continues to shoulder :he burden of proof even after a trial court finds in its favor. In this case. the Angels Camp City Council and a hearing officer sustained a decision by the chief of police to terminate a police officer for violating department policy. The fired officer then took the city to superior court, where the court ruled that the city had the burden of proving its findings with preponderance of evidence. The court of appeal affirmed the trial court judgment and found that, in cases involving fundamental, vested rights, the city had the burden of proving that the preponderance of the evidence supported the.city's findings. This is at odds with previous cast law. See Drummey v. State Bd. of Funeral Directors, 13 Cal. 2d 75, .87 P.2d 848 (1939); Chamberlain v. Ventura County Civil Sere Comm'n, 69 Cal. App. 3d 362,138 Cal. Rptr. 155 (1977). Those cases place the burden of proof on the complaining party to show that the agency decision is contrary to the weight of the evidence. 12 Case Status: The League joined a letter written by the Califurata State Association of Counties suprnrt:nc Angels Camps petition for review and, in the alternative. asking fir decertification from publication. The Ietter was filed on Jul 20. 19 Legal Advocacy Committee Report August 19 DATE: Wednesday, October 14, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA a TYPE: Regular Meeting Roll Call Pledge of Allegiance Minutes September 23, 1998 Oral Communications CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and Chair Pierce Absent: None Staff: Director Walgren 5 6( This portion of the meeting is reserved for persons desiring to address the Commission on any matter not on the agenda. Speakers are limited to three minutes. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 9, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. UP -98 -010 (379 -25 -041) AHMADIAN, 14031 Saratoga Avenue; Request for Use Permit approval to construct a 400 sq. ft. detached garage at 15 ft. in height in the rear yard setback as close as 2 ft. from the rear and side property lines. The plans also include a 339 sq. ft. addition to the second floor and a 112 sq. ft. addition to the first floor of the existing 1,446 sq. ft. residence. The site is 7,500 sq. ft. and is located in an R -1- 20,000 zoning district. (CONTINUED TO 10/28/98 AT THE RECOMMENDATION OF STAFF TO READVERTISE PROJECT) APPROVED 7 -0. 2. DR -98 -036 (510 -03 -001) BEAN, 15310 Pepper Lane; Request for Design Review approval to demolish an existing single -story residence and accessory structure and construct a 6,240 sq. ft. single -story residence with a maximum height of 23 ft. 8 in. on a 55,070 sq. ft. lot. An existing 88 sq. ft. basement is to remain. The site is located within an R -1- 40,000 zoning district. (CONTINUED TO 10/28/98 AT THE REQUEST OF THE APPLICANT) APPROVED 7 -0. Planning Commission Action Minutes Page 2 October 14, 1998 3. UP -98 -012 (517 -18 -042) SO, 20650 Montalvo Heights Drive; Request for Use Permit approval to allow a 12 ft. tall "recreation room" structure to be located within a required rear yard setback. The property is 1.14 acres and is located within an R -1- 40,000 zoning district. APPROVED 7 -0. PUBLIC HEARINGS 4. UP -98 -011 (503 -24 -009) KAMKAR/CANCELLERI, 14445 Big Basin Way; Request for Use Permit approval to open a gourmet grocery market with sales of import and specialty beer and wines (no onsite consumption is proposed). The building is 2,700 sq. ft. and is located in the Commercial Historic 1 zoning district. APPROVED 7 -0. 5. F -98 -002 (503 -15 -059 503 -15 -064) HOUSE, 13320 13340 Old Oak Way (Lots 10 11); Request for approval to construct a fence to enclose more than 4,000 sq. ft. of site area. Total sq. ft. of both lots is 10 acres. The site is located within a Hillside Residential zoning district. APPROVED 5 -2 (KAPLAN AND PATRICK OPPOSED). 6. DR -98 -022 (397 -11 -047) TZOU, 15030 Oriole Road; Request for Design Review approval to demolish an existing 1,015 sq. ft. residence and construct a new 4,509 sq. ft. home, 26 feet from natural grade, on a 30,971 sq. ft. lot. The lot is located in an R -1- 40,000 zoning district. APPROVED 4 -3 (KAPLAN, MURAKAMI AND PATRICK OPPOSED). 7. DR -98 -016 (386 -54 -041) LIOU/WU, 20161 Cherry Lane; Request for Design Review approval to remodel and add a second story to an existing 1,956 sq. ft. single -story residence. The proposal is for a 3,117 sq. ft. residence with a maximum building height of 23 ft. on a 10,160 sq. ft. lot. The site is located within an R- 1- 10,000 zoning district. APPROVED 7 -0. DIRECTOR ITEMS DR- 97- 047/AR -97 -028 LIN, 13670 Beaumont Avenue Holiday Public Hearing Schedule Circulation Element Update Planning Commission Oral Board Appointment COMMISSION ITEMS Planning Commission Action Minutes Page 3 October 14, 1998 COMMUNICATIONS Written City Council Minutes dated September 16 and September 22, 1998 Notices for Planning Commission Meeting of October 28, 1998 ADJOURNMENT AT 9:30 P.M. TO NEXT MEETING Wednesday, October 28, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL MEETING DATE: October 21, 1998 CITY MANAG ORIGINATING DEPT.: CITY MANAGER Prepared By: AGENDA ITEM S745 3 SUBJECT: Resolution Authorizing the City to Submit an Application for an Office Of Traffic Safety Grant RECOMMENDED MOTION(S): Pass a Resolution authorizing the City Manager or his appointee to submit an application for a grant from the Office of Traffic Safety for the purpose of funding a Saratoga Youth Bicycle Safety Education Program. REPORT SUMMARY: As a requirement of the application process for funds from the Office of Traffic Safety of the State of California, an applicant city is required to pass a resolution authorizing the City Manager and/or his/her staff to apply for these grant monies. The City, through the recommendation of the Bicycle Advisory Committee, had requested funding from the Office of Traffic Safety for a Saratoga Bicycle Safety Program. In June of 1997, the City received notice that our request had been tentatively approved and funds would be distributed once they became available from the Federal Level. Since that time, the City has worked with the Office of Traffic Safety and submitted a final application for funding. The resolution being requested tonight is simply a portion of the application that is required of us in order for the funds to be granted and distributed. The City will be receiving $21,000 for this Bicycle Safety Program. The Bicycle Advisory Committee and staff have been working with ALTRANS to fold this Safety Education Program into the K -12 Trip Reduction Program. Since the K -12 program is already established in the schools, this is an appropriate vehicle to incorporate our Bicycle Safety Programs as alternative transportation options are being taught to our Youth. FISCAL IMPACTS: If the resolution is passed, the application can be submitted and the City will receive $21,000 for the Bicycle Safety Education Program. ADVERTISING, NOTICING AND PUBLIC CONTACT: None CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): If the resolution is not passed, the City's application will be considered incomplete and the City will not receive the grant money for the program. FOLLOW UP ACTIONS: Staff will forward the resolution to the Office of Traffic Safety. ATTACHMENTS: 1. Copy of the proposed resolution. 2. Copy of the application submitted to the Office of Traffic Safety for the Bicycle Safety Program. A RESOLUTION OF THE COUNCIL OF THE CITY OF SARATOGA APPROVING A GRANT APPLICATION TO THE OFFICE OF TRAFFIC SAFETY OF THE STATE OF CALIFORNIA FOR THE PURPOSE OF FUNDING SARATOGA YOUTH BICYCLE SAFETY EDUCATION PROGRAM. WHEREAS, an application for Project Funds for the Bicycle Safety Program has been prepared and submitted to the California Office of Traffic Safety; and WHEREAS, the City Council authorizes the City Manager to submit the application for a grant to fund a bicycle safety program "Grant and WHEREAS, the City desires to accept a Grant of $21,000, which has been awarded to the City of Saratoga; and WHEREAS, the City will work with ALTRANS, a transportation management association who will implement the program, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Saratoga that the grant application for the Project is hereby approved and the City Manager is authorized to execute the agreement on behalf of the City of Saratoga. PASSED AND ADOPTED by the Council of the City of Saratoga this 21st day of October, 1998, by the following vote. AYES: NOES: ABSENT: Attest: Betsy Cory, City Clerk RESOLUTION NO. Don Wolfe, Mayor State of California Business, Transportation Housing Agency OFFICE OF TRAFFIC SAFETY PROJECT NUMBER PS9815 PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE Saratoga Bicycle Safety Education Program 2. NAME OF APPLICANT AGENCY City of Saratoga 3. AGENCY UNIT TO HANDLE PROJECT City Manager's Office 5. PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 6 tines.) This project's goal is to improve safe bicycle riding conditions on the roads in Saratoga This goal will be met by accomplishing two objectives: 1. Bicycle safety education activities will be provided by ALTRANS at nine local elementary and middle schools. These activities are designed to teach and encourage safe riding techniques and increase the confidence of younger riders and their parents. 2. Bicycle traffic and safety signs will be installed at critical intersections, alerting motorists and bicyclists to up- coming road conditions. The City of Saratoga The City Manager's Office will be monitoring the progress through its Bicycle Advisory Committee and Public Works Department. Other committees such as the Saratoga Public Safety Commission and the School Resources Officers, will assist and provide input in the implementation of this project To evaluate the effectiveness of this project, in addition to progress reports from ALTRANS and above committees, bicycle related collisions will be closely monitored and reports will be compiled and presented to all the involved entities. Parents and staff at schools will be encouraged to correspond with the city regarding the usage levels of bicycles among students and alert the city of specific road conditions that would improve bicycle safety. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $21,000.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR NAME: IRENE JACOBS TITLE: SENIOR ADMIN. ANALYST ADDRESS: 13777 FRUITVALE AVENUE SARATOGA, CA 95070 NAME: MARY Jo WALKER TITLE: FINANCE DIRECTOR ADDRESS: 13777 FRUrrvALE AVENUE SARATOGA, CA 95070 PHONE: 408- 868 -1215 t o ag (Date) PHONE; 408 -868 -1200 (Date) 4. PROJECT PERIOD Month Day Year From: 10/1/98 To: 12/30/99 B. AUTHORIZING OFFICAL OF APPLICANT AGENCY NAME: LARRY PERLIN TITLE: CITY MANAGER ADDRESS: 13777 FRUITVALE AVENUE SARATOGA, CA 95070 PHONE: 408-868 -1200 —1:141144111:4*-- D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: CITY OF SARATOGA ADDRESS: CITY MANAGER'S OFFICE 13777 FRtmvAtE AVENUE SARATOGA, CA 95070 OTS -38A (Rev 5/98) Eyedin Zonobi. ALTRANS SCHEDULE A PROJECT No: PS9815 PROJECT DESCRIPTION PAGE I BACKGROUND A. GENERAL CHARACTERISTICS: The City of Saratoga, located on the West side of Santa Clara County, is approximately 12 sq. miles and has 30,161 residents. Within the city boundaries, there are nine K -8 schools with nearly 2,500 students. None of these schools have buses; therefore a large population of students are dependent upon private automobiles and bicycles to meet their transportation needs. B. STREETS AND HIGHWAYS: Saratoga contains 118 miles of streets and serviceable roads and approximately 8 miles of state highway. The major streets are: Big Basin/Saratoga Avenue/Saratoga -Los Gatos Road/Sunnyvale- Saratoga Road, Herriman Sunnyvale- Saratoga Road, Fruitvale Allendale, Saratoga Highway 85, Saratoga Fruitvale, City Limits Highway 9 from Los Gatos, Highway 9 from Congress Springs, Saratoga Avenue, Sunnyvale- Saratoga Road C. OPERATING DEPARTMENTS: Public Works Department/City Manager's Office D. EXISTING SYSTEMS: None PROBLEM STATEMENT: In the past four years, Saratoga has had more than 70 reported automobile bicycle incidents (approximately 18 collisions per year). According to the Office of the City Engineer, some of these collisions could have been avoided, if the bicyclists were more knowledgeable about safe bicycle riding and the involved motorists were aware of the presence of bicycle riders. The addition of State Highway 85 has increased the volume of vehicular traffic by 65% along a major arterial through Saratoga. There are three schools, a community college, library, community center, post office and other public facilities along this arterial within 1/2 mile of Highway 85. Also, every weekday, long lines of cars are formed by the parent drivers delivering their kids to school in the morning and collecting them in the afternoon. The auto trips to K -12 schools and to the community college, combined with the daily traffic flow can contribute to the risk of automobile bicycle collisions. In order to reduce the risk of automobile- bicycle collisions, the city is planning to implement Bicycle Safety Programs at the K -8 schools and improve safe bicycle riding conditions on Saratoga Roads. The Office of Traffic Safety (OTS) uses a statewide collision ranking system to help establish funding priorities for California cities. For comparison purposes all cities are assigned to one of the seven population categories. Cities of similar population are compared to determine their vehicle fatal and injury collision rates "per- thousand population" and "per- thousand -daily vehicle miles -of- travel In addition to a composite rate, separate rates are computed for the following collision types: total fatal and injury, alcohol- involved, pedestrian- involved, bicycle involved, speed as the primary collision factor, nighttime, and hit- and -run. Data from the Statewide Integrated Traffic Records System (SWITRS) for non -CHP collisions is used to establish the rankings. The city of Saratoga 'per thousand daily vehicle miles travel" ranking for hit- and -run fatal and injury collisions is 4 of 100 cities in its population category. This means 96 cities of similar size had a lower hit- and -run fatal and injury collision rate. 4 of 100 identify the city with the highest collision rate. 100 of 100 identify the city with the lowest collision rate. The city of Saratoga "per 1,000 population" ranking for alcohol- involved fatal and injury collisions is 3 of 100 cities in it's population category. This means 97 cities of similar size had a lower alcohol involved fatal and injury collision rate. 4 of 100 identify the city with the highest collision rate. 100 of 100 identify the city with the lowest collision rate. INTERSECTIONS January 1, 1997 to December 31, 1997 Total Night Bike Bike 15 Rt 9 (Big Basin): N 3 3 97/100 2 1 Saratoga Sunnyvale Rd: Seagull Ave 2 28/100 2 Speed Rt 9: Saratoga/Gatos Rd Sunnyvale Rd 2 Nighttime (9pm -3am) 2 47/100 Fruitvale Ave: Saratoga Ave 2 86/100 1 1 Baylor Ave: E. Quito Rd 2 1 1 Saratoga Sunnyvale Rd Wardell 1 1 Saratoga Sunnyvale Rd: Verde Vista Ln 1 1 Saratoga Ave: George Whalen WV 1 1 Goleta Av: Seagull Way 1 1 Damon Ln: Teerfink Way 1 1 SCHEDULE A OTS -38A (Rev 5/98) Eyedin Zonobi. ALTRANS PROJECT No: PS9815 PROJECT DESCRIPTION PAGE 2 Saratoga's 1996 population was 28,000 100 cities in California have a population between 30,181 and 214,951. *Average of all collision categories. OTS uses a DUI Arrest Ranking system to determine DUI arrest rates for cities. The arrest rate is developed by dividing a city's total number of DUI arrests by the city's estimated average number of licensed drivers for one year. The Department of Justice provides DUI arrest data. Arrest totals do not include arrests made by CHP. PROJECT GOALS: TOP TEN BICYCLE COLLISION I ATTEMPTS TO SOLVE THE PROBLEM: In the past, the city has tried to host sporadic bicycle rodeos and safety programs at a few schools. In addition, a printed city map, showing bicycle routes, has been designed and made available to residents. 1. To reduce bicycle fatalities and injuries among children under the age of 15 by 50% from the calendar 1997 base year total of 6 to 3 by September 30, 1999 and by an additional 33% from 3 to 2 by December 30, 1999. 2. To increase bicycle helmet compliance for children under the age of 15 by 22% from the 1997 -year base survey rate of 70% to 90% by September 30, 1999, and by an additional 5% points from 90% to 95% by December 30, 1999. Per 1000 Daily Vehicle Miles of Travel Per 1000 Population Total Fatal and Injury 41/100 38/100 Alcohol Involved 97/100 97/100 Pedestrian 93/100 94/100 Bicycle 28/100 27/100 Speed 13/100 13/100 Nighttime (9pm -3am) 45/100 47/100 hit- and -run 91/100 86/100 Composite* 42/100 40/100 SCHEDULE A OTS -38A (Rev 5/98) Eyedin Zonobi. ALTRANS PROJECT No: PS9815 PROJECT DESCRIPTION PAGE 2 Saratoga's 1996 population was 28,000 100 cities in California have a population between 30,181 and 214,951. *Average of all collision categories. OTS uses a DUI Arrest Ranking system to determine DUI arrest rates for cities. The arrest rate is developed by dividing a city's total number of DUI arrests by the city's estimated average number of licensed drivers for one year. The Department of Justice provides DUI arrest data. Arrest totals do not include arrests made by CHP. PROJECT GOALS: TOP TEN BICYCLE COLLISION I ATTEMPTS TO SOLVE THE PROBLEM: In the past, the city has tried to host sporadic bicycle rodeos and safety programs at a few schools. In addition, a printed city map, showing bicycle routes, has been designed and made available to residents. 1. To reduce bicycle fatalities and injuries among children under the age of 15 by 50% from the calendar 1997 base year total of 6 to 3 by September 30, 1999 and by an additional 33% from 3 to 2 by December 30, 1999. 2. To increase bicycle helmet compliance for children under the age of 15 by 22% from the 1997 -year base survey rate of 70% to 90% by September 30, 1999, and by an additional 5% points from 90% to 95% by December 30, 1999. OTS -38A (Rev 5/98) Eyedin Zonobi. ALTRANS SCHEDULE A PROJECT No: PS9815 PROJECT DESCRIPTION PAGE 3 3. To install bicycle traffic and safety signs at critical intersections and roads, alerting motorists and bicyclists to up- coming road conditions. PROJECT OBJECTIVES: 1. To provide information and educational materials to the local media to increase community awareness of traffic safety. 2. To present an average of 2 assemblies per quarter to include at least 7 Saratoga elementary school students through December 30, 1999 reaching 2,500 pupils. 3. To conduct at least 5 bicycle rodeos by September 30, 1999, and an additional 2 bicycle rodeo by December 30, 1999 4. To conduct a press conference or media event by December 30, 1998, to kick -off or publicize the grant by December 15, 1998 METHOD OF PROCEDURE: Phase I: Design Phase October 13, 1998 to January 15, 1999) During this phase, we will design the presentation material, develop the execution team, and form a schedule. At the conclusion of this phase, the team and the schools are expected to be ready for the bicycle training. The following activities will be completed: 1. We will organize the bicycle safety material and prepare the visual aide and instructional material and instructional methods for students in different grades. 2. We will also define responsibilities of the execution team. The team members will be trained on the subject and briefed of their responsibilities. 3. A schedule will be developed for reaching all K -8 schools in the City of Saratoga. This effort will involve working with the school officials in allocating space and time for each school for the training. Phase II: Implementation Phase January 18 to December 30, 1999 1. The training team members will go to each school and conduct bicycle safety assemblies in K -8 schools. Each school will be visited according to the schedule developed during Phase I. 2. Bicycle rodeos will be conducted one per school, on a Saturday morning or any other convenient school day, in which trained instructors provide hands -on cycling safety education to participants. The goal of these tours is to train cyclists on fundamental bike safety skills, and familiarize the students with potential hazards that they may face as the ride to and from school each day. 3. The training team will distribute bicycle safety literature to increase public awareness. 4. The bicycle safety and traffic signage work will also complete during this phase. The signage efforts will include: Big Basin/Saratoga Avenue/Saratoga -Los Gatos Road/Sunnyvale- Saratoga Road Herriman Sunnyvale- Saratoga Road Fruitvale Allendale Saratoga Highway 85 City Limits Highway 9 from Los Gatos Highway 9 from Congress Springs Saratoga Avenue Sunnyvale Saratoga Road Phase III: Community Involvement We will prepare public information through flyers and public service announcements to coincide with the Saratoga K -12 Trip Reduction Program the bicycle safety program. Articles on the project goals, progress and bicycle safety will be published in the Saratoga News, which is distributed to every household in the city on a monthly basis. Phase IV: Data Collection and Analysis Phase January 1 to December 30, 1999 During this phase, we will gather and analyze statistical data and activity logs relating to the project goals and objectives and incorporate them into quarterly reports. This phase may overlap other phases as it involves filing forms that need to be submitted on quarterly basis. METHOD OF EVALUATION Using the data compiled in Phase III, the project manager will evaluate how well the project goals and objectives were accomplished. The following questions will be addressed: 1. Where total bicycle fatality and injury collisions among children under the age of 15 decreased by 50% from the calendar 1997 base year total of 6 to 3 by September 30, 1999 and by an additional 33% from 3 to 2 by December 30, 1999 2. Was bicycle helmet compliance for children under the age of 15 increased by 22% from the 1997 year base survey rate of 70% to 90% by September 30, 1999, and by an additional 5% points from 90% to 95% by December 30, 1999? 3. Were bicycle traffic and safety signs installed at critical intersections and roads? 4. Was the information and educational materials provided to the local media to increase community awareness of traffic safety? 5. Was an average of 2 assemblies per quarter presented to include at least 7 Saratoga elementary school students through December 30, 1999 reaching 2,500 pupils? 6. Were at least 5 bicycle rodeos conducted by September 30, 1999 and additional two rodeos by December 30. 19O()' 7. Was a press conference or media events conducted by December 30, 1998, to kick -off or publicize the grant by December 15, 1998? 8. Was the project cost effective? 9. Were all activities outlined in the Method of Procedures performed in accordance with the project agreement? STATEMENT OF INTENT: The city of Saratoga has considered the operational costs of this program, and it is the intent of this community to implement a Bicycle Safety Program developed by ALTRANS at its elementary and middle schools. The city intends to absorb the entire cost of this program after the expiration date. ADMINISTRATIVE SUPPORT: Safety is of great importance in the City of Saratoga. Bicycle safety has become an issue of even greater importance since we started the implementation of the K -12 Trip Reduction Program within the city, and several schools in Cupertino this past year. City Council, staff and residents are very supportive of the Bicycle Safety Education Program. A City Council resolution will be submitted in October 1998. OTS -38A (Rev 5/98) Eyedin Zonobi, ALTRANS SCHEDULE A PROJECT No: PS9815 PROJECT DESCRIPTION PAGE 4 AGENCY CONTRIBUTION: Our agency will be contributing the cost of the labor to install the signs and any costs associated with the administration of the contract for this project, Public Works Dept. Labor costs FY -1 FY -2 $2,500 $500 OTS -38A (Rev 5/98) Eyedin Zonobi, ALTRANS SCHEDULE A PROJECT No: PS9815 PROJECT DESCRIPTION PAGE 5 COST CATEGORY FISCAL YEAR ESTIMATES FY-1 10/1/98 FY-2 10/1/99 12/31/99 FY-3 FY-4 TOTAL COST TO PROJECT 'i'- 9/30/99 Positions And Salaries 6 2 2000 875 6,000.00 2,coa00 2,625.00 875.00 11,5cO.00 (1) ALTRANS Bicycle Safety Instructor 9 months cg $3,33333 per month x 2096 3 months $3,333.33 per month x 2096 (1) ALTRANS Bicycle Coordinator 9 months Q $2,916.67 per month x 1096 3 months $2,916.67 per month x 1096 total: Employee Benefits 1296 1,380.00 Category Sub-Total 12880.00 B.:::, 4. i 4 :q4Ag;f:',77t;i:: .77 ,ZR44::::.":7':::::: :a7.54.A7.4447.4 OTS Summit 1,000 infi,7 ri 1,000.00 Category Sub-Total 1,000.00 5 1,000.00 Category Sub-Total SCHEDULE B PAGE 1 DETAILED BUDGET ESTIMATE PROJECT NO. PS9815 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO PROJECT FY -1 10/1/98 9/30/99 FY-2 10/1/99 12/31/99 FY-3 FY-4 ti: NOt4 ENCU OP ERT Category Sub Total E -CITHER:DIRECT:COSTS: .:4 Materials Assemblies+ Rodeos Materials Signs 3,620.00 3,500A0 3,520.00 3,500.00 Category Sub -Total 7,120.00 7,120.00 F 1 L..- C a t e g o r y S u b T o t a l PROJECT TOTAL 1 10,sso.00 1 1 0 3 4 0 0 0 1 1$ 21,000.00 SCHEDULE B PAGE 2 DETAILED BUDGET ESTIMATE PROJECT NO. PS9815 OTS-3Bd(Rev.10V97) FICA 6.25% $375.00 $164.06 $125.00 $54.68 Medicare 1.45% $87.00 $38.06 $29.00 $12.69 FUTA 0.80% $48.00 $21.00 $16.00 $7.00 SUTA 3.40% $204.00 $89.25 $68.00 $29.75 ETT 0.10% $6.00 $2.63 $2.00 $0.88 TOTALS 12.00% $720.00 $315.00 $240.00 $105.00 $1,035.00 $345.00 $1,380.00 SCHEDULE B a' OTS -38B -1 (Rev 5/98) Eyedin Zonobi, ALTRANS PROJECT No: PS9815 BUDGET NARRATIVE PAGE 1 The City of Saratoga will need $21,000 to implement the bicycle safety education program. The funds will be used as follows: PERSONNEL COSTS $12,880 A team of 2 ALTRANS staff members will carry out the bicycle safety education activities: A certified Bicycle Safety Instructor and a Bicycle Coordinator. FY -1 FY -2 (1) ALTRANS Bicycle Safety Instructor $6,000 $2,000 (1) ALTRANS Bicycle Project Coordinator $2,625 $875 Employee Benefits 12% $1,035 $345 FY I FY -1 $6,000.00 $2,625.00 TRAVEL EXPENSE $1,000 OTHER DIRECT COSTS $7,120 The city will spend $3,500 to purchase bicycle traffic signs. ALTRANS will purchase the following: FY -2 FY -2 $2,000.00 $875.00 The City of Saratoga will absorb the cost of labor for installing bicycle traffic signs. This includes in -state travel to OTS Summit and any other extra travel costs. CONTRACTUAL SERVICES None NON EXPENDABLE PROPERTY None OTS -38B -1 (Rev 5/98) Eyedin Zonobi, ALTRANS SCHEDULE B -1 PROTECT No: PS9815 BUDGET NARRATIVE PAGE 2 2,000 Bicycle safety literatures by "From A to Z by Bike" 60 cents per book postage of 10 cents per book: $1,400 Cones, Ropes, Safety Vests, Bike Stand, Signs, Posters, misc. materials: $2,220 PROGRAM INCOME None No program income will be generated from this project. STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS -33 (Rev 4/98) ACCEPTANCE OF CONDITIONS COMPANY ORGANIZATION NAME CITY OF SARATOGA, COMMUNITY ENVIRONMENT AGENCY The following are included herein and constitute a part of this Agreement: (b) OTS -38 Schedule A Schedule A -1 Schedule B Page 1 Project Description Administrative Support Contribution Detailed Budget Estimate Schedule B -1 Schedule C OTS -33 STD. 21 Budget Narrative Quarterly Evaluation Data Acceptance of Conditions and Certifications Drug -Free Workplace Certification Page 1 of 2 I. TERMS AND CONDITIONS It is understood and agreed by the Project Director and Authorizing Official that any grant received as a result of this Agreement is subject to all federal and state regulations governing grants and to those controls expressed in the California Traffic Grant Program Manuals which include, but are not limited to: (a) Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project Director to the Office of Traffic Safety by January 31, April 30, July 31, and October 31, during each year of project operation; (b) OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a grantee fails to comply with any term or condition of the grant contract or program guidelines (Volume II, Chapter 3.9). This may include. but is not limited to, the following: Failure to submit acceptable and timely reimbursement claims; Failure to submit acceptable and timely quarterly performance reports; and Failure to submit an acceptable and timely Schedule C (Quarterly Evaluation Data (OTS -38g) (c) If, during the term of the grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the grant award upon written notice to the project director. (d) By October 31, "continuing" projects must submit a September 30 claim and a written justification to support carrying forward prior year Unexpended funds. September 30 claims and written justifications, supporting the carrying forward of prior year unexpended funds, submitted after November 30, will not be processed. The prior claim (i e June 30) will be considered the year -end claim in order to close out the federal fiscal year ending September 30. In addition, prior year unexpended funds will be deobligated and allocated to new projects. (e) All documentation required to request a project revision (i.e., time extensions, budget category changes, and etc.) must be submitted to OTS prior to the effective date of change(s). For example: OTS will not consider a request for a grant period time extension unless all necessary paperwork is submitted prior to the existing grant termination date. Prior approval is required for all project revisions (Volume II, Chapter 3.8). No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. GENERAL CERTIFICATIONS II. EQUAL OPPORTUNITY ASSURANCE Pursuant to the requirements of Title VI provisions of the Civil Rights Act of 1964, the certifying applicant acting through its chief administrative officer, desiring to avail itself of the benefits of Chapter 1, Title 23, United States Code, and as a condition to obtaining the approval of the Secretary of Transportation and Governor of California of any highway safety projects as provided for in Title 23, United States Code, Section 105(a), hereby gives its assurance that all provisions of Equal Opportunity Assurance with regard to the Highway Safety Program will be complied with fully. III. MINORITY AND WOMEN BUSINESS ENTERPRISE (a) "Policy. It is the policy of the Office of Traffic Safety and the certifying applicant that minority and women business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MWBE requirements of 49 CFR Part 23 apply to this agreement." "MWBE Obligation. The certifying applicant or its contractor agrees to ensure that minority and women business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement In this regard the certifying applicant and all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority and women business enterprises have the maximum opportunity to compete for and perform contracts. The certifying applicant and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts." IV. SECTION 504. REHABILITATION ACT OF 1973 Pursuant to Section 504 of the Rehabilitation Act of 1973, no qualified handicapped person shall, because of a certifying applicants facilities are inaccessible to or unusable by, handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity funded under the Highway Safety Act of 1966 (U.S. Code, Title Section 23, Section 402 et. seq.). V. HATCH ACT All employees of this certifying applicant whose principal employment is in connection with any Highway Safety Project financed in whole or in part by loans or grants under the Highway Safety Act of 1966 have been made aware of the provisions of Section 12(a) of the Hatch Act [S.U.S.C. 118k(a)]. VI. NON DUPLICATION OF GRANT FUND EXPENDITURE The certifying applicant has no ongoing or completed projects under agreement with TOPICS, CCCJ (LEAA), HEW, or other Federal fund sources, which duplicate or overlap any work contemplated or described in this Traffic Safety Project. It is fiuther agreed that any pending or proposed request for other Federal grant finds which would duplicate or overlap work under this Traffic Safety Project, will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal fund expenditures subsequently determined by audit will be subject to recovery by the Office of Traffic Safety. VII. LOBBYING RESTRICTIONS The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than SI 0,000 and not more than $100,000 for each such failure. VIII. RECYCLING At intervals designated by the State, contractor shall certify in writing, under penalty of perjury, the minimum, if not exact, percentage of recycled content of materials, goods or supplies offered or products used in the performance of the contract, pursuant to the requirements of Public Contract Code Section 10223. Contractor may certify that the product contains zero recycled content. Definitions of recycled content are contained in Public Contract Code Sections 12161 and 12200. CERTIFICATION We, the officials named below, hereby swear that we are duly authorized legally, to bind the contractor or grant recipient to the above described conditions and certifications. Executed on the date and in the county below, and is made under penalty of perjury under the laws of the State of California. PROJECT DIRECTOR'S NAME IRENE JACOBS DATE EXECUrED /0 f q (y PROJECT DIRECTOR'S SIGNATURE TITLE SENIOR ADMINISTRATIVE ANALYS AUTHORIZING OFFICIAL'S NAME LARRY PERLIN DATE EXECUTED TITLE CITY MANAGER /D' AUTHORIZING OFFICIAL'S SIGNATURE 114 aditiv EXECUTED IN THE COUNTY OF Santa Clara, CA EXECUTED IN THE Cowry OF Santa Clara, CA Page 2 of 2 State of California DRUG WORKPLACE CERTIFICATION STD.21 (New 11 -90) COMPANY /ORGANIZATION NAME CITY OF SARATOGA The contractor or grant named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. The above named contractor or grant recipient will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by government Code Section 8355(a). 2. Establish a Drug -Free Awareness Program as required by government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) Any available counseling, rehabilitation and employee assistance programs, and (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355 (c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug -free policy statement, and (b) will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL'S NAME LARRY PERLIN DATE EXECUTED CONTRACTOR OR GRANT RECIPIENT SIGNATURE TITLE CITY MANAGER FEDERAL I.D. NUMBER 946030039 CERTIFICATION EXECUTED IN THE COUNTY OF Santa Clar 1/05/1998 IARY ROAD iT DIR SECONDARY ROAD REPORT 7. COLLISIONS INVOLVING BICYCLISTS LOCATION DETAILS AND VICTIM DATA CUMULATIVE 01/01/1997 THRU 12/31/1997 :NDALE AV I FRUITVALE AV 06/31/1997 1930 SAT IMPROP TURN BICY HNBD 1 BICY OTHER VIS 43 M IN NY 6 W SRGTA /LOS GATOS RD 04/01/1997 1629 TUE R -O -N AUTO DRVR HNBD 1 BICY OTHER VIS 43 F .OR AV 2 E QUITO RD DATE MO /DY /YR BASIN i4 N 3 02/23/1997 1318 SUN OTHER HAZ DRVR HNBD 1 BICY OTHER VIS 29 F :MAR DR I SCOTLAND DR 06/02/1997 1526 MON OTHER HAZ BICY HNBD UN LN I TEERLINK NY 09/22/1997 1830 MON TINE DAY PRIMARY PARTY AT FAULT CLSN FACTOR TYPE •SDP1 SDP2 09/10/1997 1840 WED STOP SGNISIG DRVR HNBD 2 PASS SEVERE INJ M BICY OTHER VIS 37 N ITVALE AV 30 N MONTAUK DR 10/24/1997 0830 FRI INPROP DRVNG BICY HNBD ITVALE AV I SARATOGA AV 10/21/1997 1407 TUE IMPROP TURN DRVR HNBD ITVALE AV BO S SARATOGA AV 10/03/1997 1636 FRI IMPROP TURN BICY HNBD ETA AV B9 W SEAGULL WY 10/23/1997 1430 THU R -O -W AUTO BICY IMPU ICE RD 10 N TERLINK WY 04/06/1997 1600 SUN NOT DRIVER 10 N SARATOGA /GATOS RD 12/30/1997 1360 TUE OTHER HAZ DRVR HNBD 10 H SARATOGA /SNYVL RD 08/1'2/1997 1010 TUE TOO CLOSE BICY HNBD VICTIMS KLD INJ NCIC CA431a PAGE-t, 1 DATA TYPE EXT OF AGE SEX 1 BICY OTHER VIS 10 F 1 BICY SEVERE INJ 43 :1\ BICY OTHER VIS 29 1 BICY OTHER VIS (111 1 BICY OTHER VIS 6) F 1 BICY OTHER VIS 64 M BICY OTHER VIS 46 M 1) BICY COMP PAIN 20 M i/05/1998 REPORT 4. MOTORCYCLE, HOPED, BICYCLE, AND PEDESTRIAN COLLISIONS AND VICTIMS BY HOUR OF DAY NCIC CA4310 PAGE 2 CUMULATIVE 01/01/1997 THRU 12/31/1997 'ERIOD M O T O R C Y C L E M 0 P E D B I C Y C L E P E D E S T R I A N COLLISIONS VICTIMS COLLISIONS VICTIMS "I VICTIMS COLLISIONS VICTIMS FAT INJ P00 KLD INJ FAT INJ P00 KLD INJ FAT INJ PDO KLD INJ FAT INJ P00 KLD INJ •0069 1 1 •0169 •0269 •0359 -0459 -0569 •0659 •0759 I 1 1 •0859 1 1 1 1 1 1 1 -0959 1 -1069 1 2 2 1 1 1169 2 2 1 1 -1259 1 1 1 1 -1359 1 2 2 -1459, 2 2 1 1 1659 3, cart.- 4 4� 1 1 YY105 p�.a 1659 2 2 c�n\ U '0-44 SC "I 1759 3 8 J -1859 2 3 -1959 1 1 -2059 -2169 -2259 2369 OWN TAL 6 2 9 19 1 20 8 1 8 /05/1998 ARY ROAD T DIR SECONDARY ROAD REPORT 7. COLLISIONS INVOLVING BICYCLISTS LOCATION DETAILS AND VICTIM DATA CUMULATIVE 01/01/1997 THRU 12/31/1997 DATE TIME DAY PRIMARY PARTY. AT FAULT NO /DY /YR CLSN FACTOR TYPE •SDP1 SDP2 N 3 07/29/1997 1660 TUE IMPROP DRVNG BICY 08/17/1997 1110 SUN WRONG SIDE BICY HNBD TOGA AV 0 N GEORGE WHALEN WY 09/23/1997 0800 TUE WRONG SIDE BICY HNBD TOGA SNNYVL RD I SEAGULL WY 10/31/1997 1648 FRI LANE CHANGE DRVR HNBD TOGA /SNNYVL RD I SEAGULL AV 09/27/1997 1028 SAT R -0 -W AUTO DRVR HNBD A /SUNNYVALE RD I VERDE VISTA LN 01/22/1997 1230 WED WRONG SIDE BICY HNBD TELL 2 E SARATOGA /SNNYVL RD 08/22/1997 1116 SUN IMPROP TURN BICY HNBD 1 N 3 NCIC CA4310 PAGE. 2 VICTIMS V I C T I M D A T A KLD INJ TYPE EXT OF INJ AGE SEX 1 BICY OTHER VIS 37 F 1 BICY OTHER VIS (7)M 1 BICY COMP PAIN 1 BICY OTHER. VIS 53 M 1 BICY SEVERE INJ 42 M 1 BICY OTHER VIS 22 F 1 BICY COMP PAIN 32 M y ........m 4 (Subtotal $147,059.91 $454.65 $0.00 $0.00 147,514. PAYROLL CHECKS: B23910- B23939 TOTAL Date: /0/ 3/9S Prepared by: PAM t /2/ Approved by: Date: O:UANICE\CERTlFY 1 GENERAL $54,762.94 $454.65 100 COPS -SLESF 110 Traffic Safety 880.97 150 Streets Roads 1,246.96 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 4,905.72 260 Environmental 2,189.01 270 Housing &Comm 54,926.74 290 Recreation 4,950.51 292 Facility Ops 1,033.00 293 Theater Surcharge 300 State Park 310 Park Devlpmnt 22,164.06 400 Library Debt 410 Civic Cntr COP 420 Leonard Rd 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA 13- Oct -98 AIP CHECKS: A76246- A76381 $55,217.59 $0.00 $880.97 $1,246.96 $0.00 50.00 $0.00 $4,905.72 $2,189.01 $54,926.74 $4,950.51 $1,033.00 $0.00 $0.00 22,164.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fund I Manual Fund Name I 10/9/98 Checks l Checks Total (Subtotal $147,059.91 $454.65 $0.00 $0.00 147,514. PAYROLL CHECKS: B23910- B23939 TOTAL Date: /0/ 3/9S Prepared by: PAM t /2/ Approved by: Date: O:UANICE\CERTlFY 1 GENERAL $54,762.94 $454.65 100 COPS -SLESF 110 Traffic Safety 880.97 150 Streets Roads 1,246.96 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 4,905.72 260 Environmental 2,189.01 270 Housing &Comm 54,926.74 290 Recreation 4,950.51 292 Facility Ops 1,033.00 293 Theater Surcharge 300 State Park 310 Park Devlpmnt 22,164.06 400 Library Debt 410 Civic Cntr COP 420 Leonard Rd 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA 13- Oct -98 AIP CHECKS: A76246- A76381 $55,217.59 $0.00 $880.97 $1,246.96 $0.00 50.00 $0.00 $4,905.72 $2,189.01 $54,926.74 $4,950.51 $1,033.00 $0.00 $0.00 22,164.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED 10/07/1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000006 A TO 2 NURSERY MON3001222 000946 18104 10/06/1998 001 3030 532.30 -01 REPLACEMENT PLANTS /MIX 56.56 0000007 AAA RESTAURANT 57403 000810 18669 09/29/1998 001 1060 513.40 -15 INSPECTIONS -COM. CENTER 75.00 0001536 AIR FLIGHT SERVICE 030146 000959 0000005 BAKER, KATHY 5112 000827 0000040 BANDA, MASANKO 000905 0001078 BAY TELECOM B009269 000825 0000054 BOISE CASCADE 10/07/1998 310 9010 622.40 -10 AERIAL BLOWUPS FOR PARKS 09/29/1998 290 6005- 445.07 -00 CLASS REFUND VENDOR TOTAL 10/06/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 09/29/1998 001 1050 513.40 -20 REPAIRS TO PHONE SVC VENDOR TOTAL 56.56 VENDOR TOTAL 75.00 0000005 ABC COOLING HEATING SERVICES 66969 000870 09/29/1998 001 1040 413.05 -00 REFUND BUS. LICENSE 0/P 45.00 VENDOR TOTAL 45.00 0000011 ABLE RIBBON TECHNOLOGY 082745 000928 18565 10/06/1998 001 1050 513.30 -01 PRINTER /COPIER RIBBONS 147.72 VENDOR TOTAL 147.72 VENDOR TOTAL 817.38 817.38 0000014 AIRTOUCH PAGING M7- 044044 000919 18712 10/06/1998 001 1060 513.40 -30 OCTOBER PAYMENT 16.69 VENDOR TOTAL 16.69 0000864 AMSTERDAM PRINTING LITHO 145302 000840 09/29/1998 290- 6005 564.30 -01 100 PENS ASSORTED COLORS 135.20 VENDOR TOTAL 135.20 VENDOR TOTAL 65.00 65.00 268.00 268.00 95.00 95.00 PREPARED 10/07/1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000054 BOISE CASCADE 641363 000925 10/06/1998 250 4010 542.30 -01 OFFICE SUPPLIES /COM DEV 22.18 841526 000926 10/06/1998 250- 4010 542.30 -01 OFFICE SUPPLIES /CM OFFICE 110.92 841526 000927 10/06/1998 250- 4010 542.30 -01 OFFICE SUPPLIES /WHH 178.04 VENDOR TOTAL 311.14 0001532 BOYD BILT ENTERPRISES 6470 000877 09/29/1998 270 7015 572.60 -02 OAK STORAGE CABINET 3,090.00 VENDOR TOTAL 3,090.00 0000704 BURNS, LORI 000971 10/07/1998 001 1045 513.40 -02 ORAL BOARD LUNCH /REFRESH. 69.16 VENDOR TOTAL 69.16 0001533 C. B. HANNEGAN 10/1/98 000886 09/30/1998 001 1045 513.40 -03 CATERED 8110 FOR STAFF AND CHECK S: 76246 VENDOR TOTAL .00 0000065 CAMPBELL UNION SCHOOL DISTRICT 8503 000941 10/06/1998 110 2020 523.40 -70 XING GUARD W QUITO /POLLAR 880.97 VENDOR TOTAL 880.97 0000005 CARR, JIM 4268 000828 09/29/1998 290- 6005- 445.04 -00 CLASS REFUND 68.00 VENDOR TOTAL 68.00 0000005 CAZEL, JANET 3966 000829 09/29/1998 290- 6005- 445.03 -00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0000071 CELLULAR ONE 4069851 000967 10/07/1998 001 2010 522.40 -20 CELL PHONE CHARGES 63.19 4069852 000968 10/07/1998 001 2010 522.40 -20 CELL PHONE CHARGES 56.68 4069853 000969 10/07/1998 001 2010 522.40 -20 CELL PHONE CHARGES 56.68 VENDOR TOTAL 176.55 0000078 CHA 000920 10/06/1998 001 0000-210.20 -01 3RD QTR. CONTRIBUTION 204.75 VENDOR TOTAL 204.75 0001531 CHU, MARGARET 454.65 454.65 ti PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 3 AS OF 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001531 CHU, MARGARET 41502 000845 09/29/1998 292-0000-260.00-00 RENTAL DEPOSIT REFUND 300.00 41502 000846 09/29/1998 292- 6020 462.03 -01 RENTAL DEPOSIT REFUND 95.00 VENDOR TOTAL 205.00 0000682 CITY OF SARATOGA -PETTY CASH PISANI 000915 10/06/1998 001 1045 513.40 -03 SODAS /NAPKINS 10.56 HEALEY 000916 10/06/1998 001 1045 513.40 -03 SODA /NAMETAGS /ICE 11.35 HOFFMAN 000911 10/06/1998 290 6005 564.40 -51 ESCORT LUNCH 11.27 TUCKER 000912 10/06/1998 290- 6005 564.30 -01 SOFT DRINKS 1.20 POPEK 000913 10/06/1998 290 6010 564.30 -01 POSTERS 26.40 HEINRICHS 000914 10/06/1998 290 6010 564.30 -01 PHOTOS 9.19 VENDOR TOTAL 69.97 0000041 COATE, BARRIE D. 98/995 000917 10/06/1998 250- 4010 444.02 -00 ABORIST FEES 1,932.54 VENDOR TOTAL 1,932.54 0000005 COFFEE STOP 43724 000903 10/05/1998 001- 1040 452.01 -00 OVERPAYMENT PARKING CIT. 20.00 VENDOR TOTAL 20.00 0000091 COMMONWEALTH CREDIT UNION 000963 10/07/1998 001 0000 210.20 -01 10/8/98 PAYROLL 3,437.00 VENDOR TOTAL 3,437.00 0000005 CORNBLEET, HARRY 000930 10/06/1998 290 6005- 445.04 -00 CLASS REFUND 19.00 VENDOR TOTAL 19.00 0001537 COYOTE CREEK RIPARIAN STATION 228 000948 10/06/1998 260 5015 552.40 -10 BROCURE CREATION 1,120.00 229 000949 10/06/1998 260 5015 552.40 -10 BROCHURE DISTRIBUTION 1,008.00 VENDOR TOTAL 2,128.00 0000790 CROWLEY, JUDI 000826 09/29/1998 250 4010 542.30 -01 REIMBURSE OFFICE SUPPLIES 137.86 VENDOR TOTAL 137.86 0000005 DAVIS, ALISON 000934 10/06/1998 290- 6005- 445.04 -00 CLASS REFUND 72.00 VENDOR TOTAL 72.00 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA 0000005 DAVIS, ALISON 0000005 EL CAMINO ROOFING 0000005 FLORSHEIM, MARY 3745 000831 09/29/1998 290-6005-445.03-00 CLASS REFUND 0000005 FOLK, DAISY 4878 000832 09/29/1998 290-6005-445.04-00 CLASS REFUND EXPENDITURE APPROVAL LIST PAGE 4 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000120 DEPARTMENT OF CONSERVATION 7-8-9/98 000887 10/01/1998 250-4015-422.01-00 SMIP FEES 3RD QTR 1998 1,756.33 VENDOR TOTAL 1,756.33 0000005 DEVENYNS, VICKI 4114 000847 09/29/1998 290-6005-445.04-00 CLASS REFUND 118.00 VENDOR TOTAL 118.00 0000005 DUNLAP, MARY 4755 000830 09/29/1998 290-6005-445.03-00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0000005 EASTMAN CONTRACTING, INC. 67020 000871 09/29/1998 001-1040-413.05-00 REFUND BUS. LICENSE 0/P 45.00 VENDOR TOTAL 45.00 67028 000894 10/01/1998 001-1040-413.05-00 REFUND BUSINESS LICENSE 45.00 VENDOR TOTAL 45.00 0000146 ENGINEERING DATA SERVICE 1980810 000809 09/29/1998 001-1030-511.40-10 PUBLIC HEARING NOTICES 261.88 VENDOR TOTAL 261.88 0000150 EVANS WEST VALLEY SPRAY 28837 000818 18108 09/29/1998 001-3030-532.40-15 APPLY PESTICIDE/HERBICIDE 125.00 VENDOR TOTAL 125.00 VENDOR TOTAL VENDOR TOTAL 74.00 74.00 89.00 89.00 0000162 G. N. RENN, INC. 418881 000902 18099 10/05/1998 001-1035-512.30-20 GASOLINE RELATED ITEMS 791.77 VENDOR TOTAL 791.77 PREPARED 10/07/1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000162 G. N. RENN, INC. 0000911 GALINDO, RAY 9/23/98 000808 0000005 GALVIN, TOM 000935 0000164 262176 262634 262635 GARDENLAND POWER EQUIPMENT 000815 18100 09/29/1998 000816 18100 09/29/1998 000817 18100 09/29/1998 09/29/1998 001 1065 513.40 -01 REIMBURSE EXPENSES 578.42 VENDOR TOTAL 578.42 10/06/1998 290 6005- 445.04 -00 CLASS REFUND 14.00 VENDOR TOTAL 14.00 001 3030 532.30 -01 GARDENING SUPPLIES 001- 3030 532.30 -01 GARDENING SUPPLIES 001 3030 532.30 -01 GARDENING SUPPLIES VENDOR TOTAL 71.81 57.40 17.67 146.88 0000165 GARROD FARMS 000908 10/06/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 420.00 VENDOR TOTAL 420.00 0000005 GEISEL, RHODA 4504 000973 10/07/1998 290 6005- 445.04 -00 CLASS REFUND 109.00 VENDOR TOTAL 109.00 0000169 GHAFOURIFAR, 2AHRA 000909 10/06/1998 290 6005 564.40 -10 INSTRUCTOR FEE 225.00 VENDOR TOTAL 225.00 0000005 GLIEVER. LISA 000931 10/06/1998 290- 6005- 445.04 -00 CLASS REFUND 79.00 VENDOR TOTAL 79.00 0000720 GONDA, PETER RECEIPT 000960 10/07/1998 001 1045 513.40 -01 FOOD FOR LCF WORKSHOP 89.28 VENDOR TOTAL 89.28 0000005 GREYSTONE PERIPHERALS 2053 000872 09/29/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 0000005 GRIFFIN, BILL VENDOR TOTAL 50.00 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA 0000005 GRIFFIN, BILL 3911 000833 09/29/1998 290-6005-445.03-00 CLASS REFUND 0000005 HALEBLIAN, KATHLEEN 4182 000972 10/07/1998 290-6005-445.04-00 CLASS REFUND 0000005 HARPER, ROSEMARY 4279 000834 09/29/1998 290-6005-445.04-00 CLASS REFUND 0000005 HILGER, SUSAN 4117 000848 4117 000881 09/29/1998 09/30/1998 0000005 HUNTER, LORNA 4559 000835 09/29/1998 290-6005-445.04-00 CLASS REFUND EXPENDITURE APPROVAL LIST PAGE 6 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT VENDOR TOTAL 0000179 GTE WIRELESS CUSTOMER CARE 482-8631 000819 18743 09/29/1998 260-5015-552.40-20 CELL PHONE CHARGES 61.01 290-6005-445.03-00 CLASS REFUND 290-6005-445.03-00 CLASS REFUND VENDOR TOTAL 61.01 VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL 0000855 INFORMATION FOR PUBLIC AFFAIRS, INC 2886-10.98-99 000813 09/29/1998 001-1030-511.40-10 STATENET SERVICES 98/99 74.00 74.00 99.00 99.00 29.00 29.00 44.00 44.00 88.00 0001027 HUMAN BEHAVIOR ASSOCIATES 1554 000940 10/06/1998 001-1045-513.40-10 SAP SERVICES THRU 9-98 120.00 VENDOR TOTAL 120.00 29.00 29.00 0000201 ICMA RETIREMENT TRUST 000964 10/07/1998 001-0000-210.20-01 10/8/98 PAYROLL 4,026.23 VENDOR TOTAL 4,026.23 VENDOR TOTAL 600.00 600.00 0000005 JAGGARS, ANGIE 3843 000836 09/29/1998 290-6005-445.03-00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 7 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000005 JAGGARS, ANGIE 0001264 JEFFERS, JAMES A. 000888 10/01/1998 250- 4010 542.40 -10 TREE INSPECTION 9/21 -10/2 240.00 VENDOR TOTAL 240.00 0001521 JOE COTA 19 000895 18596 10/05/1998 270 7015 572.60 -02 PMT #2- HAKONE PROJECT 46,068.22 VENDOR TOTAL 46,068.22 0000005 JOHNSON, BARBARA 4805 000849 09/29/1998 290- 6005- 445.04 -00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0000005 JONES, SHARON 000932 10/06/1998 290 6005- 445.04 -00 CLASS REFUND 68.00 VENDOR TOTAL 68.00 0000220 JOSHI, BHARATI 5 000841 09/29/1998 290 6005 564.40 -10 INSTRUCTOR FEES 30.00 VENDOR TOTAL 30.00 0000005 KARREN, DANA 4743 000837 09/29/1998 290- 6005- 445.04 -00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0001529 KELLY MOORE PAINT CO. INC. 808347129 000889 18728 10/01/1998 001 1060 513.30 -02 PAINTING SUPPLIES 105.53 VENDOR TOTAL 105.53 0000005 KENNEY, ANN 4881 000838 09/29/1998 290- 6005- 445.04 -00 CLASS REFUND 36.00 VENDOR TOTAL 36.00 0001391 KOVACH, SONIA M. 9/19 -10/2 000970 10/07/1998 001 1040 513.40 -10 ACCT'G SERVICES 25 3/4 HR 772.50 VENDOR TOTAL 772.50 0000005 LEMMA, SABINE 2080 000883 09/30/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 VENDOR TOTAL 50.00 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 8 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000005 LEMMA, SABINE 0000005 3707 0000005 4801 LEYLAND, JOYCE 000839 0000005 LUCKENBIHL, FLOYD 3807 000850 0000258 LYONS, LEILANI 000907 MC DONOUGH, NANCY 000851 0000005 MC LAUGHLIN, JOHN 3801 000852 0000005 METTE, ROBERT 4399 000854 0000273 MEYER, GREG 000910 0000005 MILLER, JOANN 3993 000882 09/29/1998 290-6005-445.03-00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0000246 LIBERTY PEST CONTROL 84354 000890 18729 10/01/1998 001-1060-513.40-15 SPRAY FOR ANTS 265.00 VENDOR TOTAL 265.00 09/29/1998 290-6005-445.03-00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 10/06/1998 290-6005-564.40-10 INSTRUCTOR FEE 22.50 VENDOR TOTAL 22.50 0001530 MARCIEL, FRANCIS 2065 000843 09/29/1998 292-0000-260.00-00 RENTAL DEPOSIT REFUND 300.00 2065 000844 09/29/1998 292-6020-462.03-01 RENTAL DEPOSIT REFUND 72.00- VENDOR TOTAL 228.00 09/29/1998 290-6005-445.04-00 CLASS REFUND 36.00 VENDOR TOTAL 36.00 09/29/1998 290-6005-445.03-00 CLASS REFUND 148.00 VENDOR TOTAL 148.00 09/29/1998 290-6005-445.04-00 CLASS REFUND 39.00 VENDOR TOTAL 39.00 10/06/1998 290-6005-564.40-10 INSTRUCTOR FEE 24.00 VENDOR TOTAL 24.00 09/30/1998 290-6005-445.03-00 CLASS REFUND 44.00 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 9 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000005 MILLER, JOANN VENDOR TOTAL 44.00 0000005 MONTGOMERY, GLORIA 4727 000855 09/29/1998 290- 6005- 445.03 -00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0000005 MOREHOUSE, ALICIA 2089 000873 09/29/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 VENDOR TOTAL 50.00 0000005 MUHAWI, RAFIHA 3935 000856 09/29/1998 290- 6005 445.03-00 CLASS REFUND 74.00 VENDOR TOTAL 74.00 0000292 NATIONAL PLAN COORDINATOR 000965 10/07/1998 001 0000 210.20 -01 10/8/98 PAYROLL 2,220.11 000966 10/07/1998 001 0000 210.20 -01 10/8/98 PAYROLL 6,504.01 VENDOR TOTAL 8,724.12 0000293 NATIONAL SANITARY SUPPLY 017002851476 000945 18747 10/06/1998 001- 3030 532.30 -01 SANITARY /PAPER PROD /SUPPL 112.50 VENDOR TOTAL 112.50 0000005 NETTLEMAN, BRIAN 4417 000857 09/29/1998 290- 6005- 445.04 -00 CLASS REFUND 34.00 VENDOR TOTAL 34.00 0000005 NICOLAISEN, DORIS 4495 000858 09/29/1998 290 6005- 445.03 -00 CLASS REFUND 148.00 VENDOR TOTAL 148.00 0000294 NORMAN PAUL PRINT CENTER 982004 000952 18570 10/07/1998 001 1050 513.40 -41 PRINTING SERVICES 178.96 981689 000953 18570 10/07/1998 001- 1050 513.40 -41 PRINTING SERVICES 47.96 VENDOR TOTAL 226.92 0000295 NOVAKOVICH, MATT 9/23/98 000811 09/29/1998 001 3030 532.40 -15 HERITAGE ORCHARD MTC 20,000.00 VENDOR TOTAL 20,000.00 PREPARED 10/07/1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000295 NOVAKOVICH, MATT 0000005 NYBLOM, DONNA TRNSFRD 000859 09/29/1998 290- 6005 445.04 -00 CLASS REFUND VENDOR TOTAL 0000005 O'FLAHERTY, JEANETTE 4589 000860 09/29/1998 290 6005- 445.04 -00 CLASS REFUND 68.00 0000300 OFFICE DEPOT CREDIT PLAN 566153117985 000822 09/29/1998 001 1050 513.30 -01 TO CLEAR OLD BALANCES 289.81 0000005 OREGLIA, RACHEL 1066 000874 09/29/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 0000306 PACIFIC BELL 8689099 000823 8689497 000824 741 -1527 000853 09/29/1998 09/29/1998 09/29/1998 001- 1050 513.40 -20 DID LINES 001 1050 513.40 -20 SR CENTER ALARMS 001 -2005- 521.40 -20 EMP EMERGENCY NUMBER 0000607 PCI CLEAN FUELS INC 1102 000814 18748 09/29/1998 001- 1035 512.30 -20 CNG VEHICLE FUEL 0000005 QUAKENBUSH, CAROL 24.00 24.00 VENDOR TOTAL 68.00 VENDOR TOTAL 289.81 VENDOR TOTAL 50.00 VENDOR TOTAL VENDOR TOTAL 429.48 69.56 1.92 500.96 429.41 429.41 0000326 PRINCIPAL LIFE 000938 10/06/1998 001 0000 210.20 -01 10/98 -LIFE INSUR.#N75964 671.71 VENDOR TOTAL 671.71 0000395 PRUDENTIAL INSURANCE COMPANY 10/1/98 000936 10/06/1998 001 0000 210.20 -01 DENTAL INSURANCE 10/98 1,707.71 VENDOR TOTAL 1,707.71 0000593 PUB EMP RETIREMENT SYSTEM 000921 10/06/1998 001 0000 210.20 -01 LONG TERM CARE 9- 21/10 -5 22.16 VENDOR TOTAL 22.16 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 11 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000005 QUAKENBUSH, CAROL 4494 000861 09/29/1998 290 6005- 445.04 -00 CLASS REFUND 0000005 RAMIREZ, MARIO 4464 000891 10/01/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL 0000334 REED GRAHAM, INC. 379221 000899 10/05/1998 150- 3005 532.30 -01 STREET REPAIR PRODUCTS VENDOR TOTAL 0000005 REILLY, MARILEE 3753 000862 09/29/1998 290 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 0001491 ROTH CHIROPRACTIC 000944 10/06/1998 001 -1040- 413.05 -00 DR. ROTH MASSAGE TEST VENDOR TOTAL 0000005 ROUSE, BEVERLY 3711 000863 09/29/1998 290 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 0000341 5.A.S.C.C. 9/22/98 000812 09/29/1998 270- 7015 572.40 -70 GRANT FOR SASCC SUPPORT 0000344 SAN JOSE BLUE PRINT 6564507 000878 6564528 000879 6564703 6518454 6518454 6517593 000880 000958 000956 000957 09/30/1998 09/30/1998 09/30/1998 10/07/1998 10/07/1998 10/07/1998 0000495 SARATOGA EMPLOYEE ASSOCIATION 250- 4010 542.40 -41 TRAILS MAP 250 4010 542.40 -41 GEO. STABILITY MAP 250- 4010 542.40 -41 TRAILS- MASTER 270- 7015 572.60 -02 HAKONE GARDENS 310 9010 622.40 -10 WARNER HUTTON HOUSE 310 9010 622.40 -10 AERIALS OF SCHOOLS VENDOR TOTAL VENDOR TOTAL 58.00 58.00 0000333 R.V. CLOUD COMPANY 15101 000885 18749 09/30/1998 001 3030 532.30 -01 IRRIGATION SUPPLIES /PARKS 133.59 VENDOR TOTAL 133.59 34.00 34.00 25.33 25.33 74.00 74.00 75.00 75.00 74.00 74.00 5,750.00 5,750.00 24.14 43.84 109.87 18.52 18.52 15.26 VENDOR TOTAL 230.15 PREPARED 10/07/1998, 12:38:46 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 12 AS OF: 10/09/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000495 SARATOGA EMPLOYEE ASSOCIATION 000923 10/06/1998 001- 0000 210.20 -01 3RD QTR. MEMBERSHIP DUES 1,542.10 0000356 SARATOGA TREE SERVICE 1328 -A 000897 18750 10/05/1998 1328 000896 18750 10/05/1998 0000360 SCHARPF, PATRICIA 7 000842 09/29/1998 290 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 0000005 SEREGI, ALMA 000929 10/06/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL 0001535 SHADDOX, ERIN 000904 10/06/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 0000005 SHEPHERD, PAT 3910 000864 09/29/1998 290- 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 0000005 SIMMONS, MILDRED 3777 000865 09/29/1998 290- 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 0000005 SLEEK, MARLENE 000933 10/06/1998 290 6005- 445.04 -00 CLASS REFUND 0001458 SPRINT 363236520 000820 420210004 000821 09/29/1998 09/29/1998 001 3030 532.40 -15 TREE REMOVAL -PARKS 150- 3005 532.40 -15 TREE REMOVAL- STREETS 001 1050 513.40 -20 LONG DISTANCE PHONE SVC 001- 1050 513.40 -20 LONG DISTANCE PHONE SVC 0000379 STATE BOARD OF EQUALIZATION JULY -SEPT 98 000942 18106 10/06/1998 001 1035 512.30 -21 QRTLY. PYMT OF ST. DIESEL VENDOR TOTAL 1,542.10 VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL 970.00 1,175.00 2,145.00 37.50 37.50 44.00 44.00 432.00 432.00 74.00 74.00 74.00 74.00 68.00 68.00 194.01 5.94 199.95 151.04 151.04 PREPARED 10/07/1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 13 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000379 STATE BOARD OF EQUALIZATION 0000382 STATE OF CALIFORNIA 000962 0000005 SULLIVAN, JEANETTE 3710 000866 0000005 3714 0000005 TABLAK, MEREDITH 2070 000892 0000005 43117 0000404 TORREZ, IRMA 072 000961 0000005 4826 0000005 1055 SYTHE, JUNE 000867 THOMAS, HELEN 000875 TRIPP, HARRIET 000868 TROOP, JULIE 000893 0000412 UNITED WAY CHARITY 000922 10/07/1998 001 0000 210.20 -01 TAX DEPOSIT 10/8/98 P/R VENDOR TOTAL 09/29/1998 290- 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 09/29/1998 290 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 10/01/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 09/29/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 10/07/1998 250- 4010 542.40 -10 MINUTES CLERK PLANN. COM. VENDOR TOTAL 09/29/1998 290- 6005 445.03 -00 CLASS REFUND VENDOR TOTAL 10/01/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 10/06/1998 001 0000 210.20 -01 3RD QTR. CONTRIBUTION 3,209.47 -.3,209.47 74.00 74.00 74.00 74.00 50.00 50.00 50.00 50.00 0000798 TLC ADMINISTRATORS, INC 6512 000937 10/06/1998 001 0000 210.20 -01 SEC. 125 /ADMIN FEE -10/98 175.00 VENDOR TOTAL 175.00 VENDOR TOTAL 350.00 350.00 74.00 74.00 300.00 300.00 267.75 267.75 PREPARED 10/0//1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 14 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000412 UNITED WAY CHARITY 0001363 VELASCO, MICHELLE 11566239 000954 11436235 000955 0000005 WALSH, ANNE 000943 0000426 WEST COAST BLDG, SERVICE 22156 000939 18700 10/06/1998 001 1060 513.30 -02 JANITORIAL SERVICES 0001443 WILLIAM J. BEALS 3 000950 18561 10/07/1998 310 -9010- 622.40 -10 6/30 -7/28 LDSCP SERVICES 4 000951 18561 10/07/1998 310 9010 622.40 -10 7/31 -8/25 LDSCP SERVICES VENDOR TOTAL 0000437 WILTENS, JAMES 000906 0001525 9/98 0000005 4666 0000005 3758 WOLFE, ROBERTA 000898 WONG, PAULA 000876 WOODRUFF, HERB 000869 0001390 WRIGHT, OLIVER L. 9/98 000918 0000005 WYMAN, BETH 10/07/1998 001 2010 522.30 -01 HALLOWEEN SUPPLIES 10/07/1998 001 2010 522.30 -01 HALLOWEEN SUPPLIES VENDOR TOTAL 10/06/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL 10/06/1998 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 10/05/1998 001 1005 511.40 -10 COUNCIL MINUTES 9/22/98 VENDOR TOTAL 09/29/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL 09/29/1998 290- 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 10/06/1998 001- 1040 513.40 -10 PROFESSIONAL SRVC /SEPT 98 VENDOR TOTAL 38.00 8.87 46.87 21.00 21.00 495.00 495.00 10,027.96 11,284.94 21,312.90 6.25 6.25 200.00 200.00 74.00 74.00 148 .00 148.00 2,083.00 2,083.00 PREPARED 10/07/1998, 12:38:46 EXPENDITURE APPROVAL LIST PAGE 15 PROGRAM: GM339L AS OF: 10/09/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000005 WYMAN, BETH 3095 000884 09/30/1998 001 1015 511.40 -04 REIMBURSEMENT WK SHOP 80.00 VENDOR TOTAL 80.00 0000443 ZEE MEDICAL SERVICE 66249987 000924 10/06/1998 001 1050 513.30 -01 REPLENISH 1ST AID /CITY HL 64.41 66249986 -A 000901 18765 10/05/1998 001 3030 532.30 -01 FIRST AID SUPPLIES 46.63 66249986 000900 18765 10/05/1998 150- 3005 532.30 -01 FIRST AID SUPPLIES 46.63 VENDOR TOTAL 157.67 TOTAL EXPENDITURES 147,059.91 GRAND TOTAL 454.65 147,514.56 EXECUTIVE SUMMARY NO. MEETING DATE: OCTOBER 21,1998 ORIGINATING DEPT.: PUBLIC WORKS SARATOGA CITY COUNCIL AGENDA ITEM S CITY MGR: PREPARED BY: SUBJECT: Annual Concrete Repair Project Award of Construction Contract Recommended Motion(s): 3. Move to authorize staff to execute change orders to the contract up to $8,000. Advertising, Noticing and Public Contact: Nothing additional. 1. Move to declare Golden Bay Construction, Inc. of San Carlos to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Golden Bay Construction, Inc. in the amount of $80,953.50. Report Summary: Sealed bids for the Annual Concrete Repair Project were opened on October 15. A total of five contractors submitted bids and a summary of the bids received is attached (Attachment 1). Golden Bay Construction Inc. of San Carlos submitted the lowest bid of $80,953.50 which is 4.8% below the Engineer's Estimate of $85,000. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated September 23. It is therefore recommended that the Council declare Golden Bay Construction Inc. to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $8,000 to cover any unforeseen circumstances which may arise during the course of the work. Fiscal Impacts: Funding for this work is programmed in the adopted budget in Activity 3010 (Sidewalks and Trails) Account No. 4014 (Repair Services) and Activity 3005 (Street Maintenance) Account No. 4010 (Contract Services). The adopted budget contains sufficient funds to cover the contract and recommended change order amounts. Consequences of Not Acting on the Recommended Motions: Golden Bay Construction Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding the project due to the competitive nature of the current bids received. Follow Up Actions: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will most likely begin in November and last through the end of December. Attachments: 1. Bid Summary. 2. Construction Contract. 8 8 0 m D S 8 g 8 D Q m o 8 8 D D 8 8 z O 3 q f✓ NI ml m l r T 8 8 t p 8 8 s. 8 8 8 Z N 0 n 111 i) i) i) a of z 8 8 8 8 8 8 s O 8 8 8 O 8 8 8 O 8 8 8 8 8 8 8 8 8 M 8 Z0 m ry p0 Z A 8 8 8 8 8 s 8 8 8 8 8 8 8 2 I c7 0 0 n m y O 0 m 0 m O 0 s 0 2 H f) O 0 n 0 g m 4, ti CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION ANNUAL CONCRETE REPAIR PROJECT THIS CONTRACT, made this 21st day of October, 1998, by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Golden Bay Construction, Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted these contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (100) of the amount bid for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible .'bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director of Public Works or his authorized agent. 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Bidder's Bond or Bid Guaranty 4. Contract for Public Works Construction 5. Hold Harmless Clause 6. Performance Bond ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications "Changes and Extra Work the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 7. Labor and Material Bond 8. Plans 9. Specifications 10. Insurance Certificates 11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements In case of any conflict between this Contract the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. and any other part of AWARDED BY CITY COUNCIL: CITY OF SARATOGA: Date: October 21, 1998 ATTEST: CONTRACTOR: City Clerk The foregoing Contract is By approved as to form this day of Title 19 City Attorney Finance Office Date License No. Tax ID or SSN "Funds verified Contract No. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: OCTOBER 21, 1998 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: Report Summary: SUBJECT: Final Map Approval for Tract No. 9101 (5 lots at 13480 Saratoga Avenue), Owner: FitzsimmonslYamaoka Development. Recommended Motion(s): 1. Move to adopt Resolution No. SD 98 -001 granting final map approval of Tentative Map Application No. SD 98 -001 for five lots at 13480 Saratoga Avenue. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Attached is Resolution No. SD 98 -001 which, if adopted, will grant final map approval for five lots located at 13480 Saratoga Avenue. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 98- 001, have been completed or will be completed concurrent with development of the five lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $20,648.75 in Engineering Fees, $37,260 in Park Development Fees, and $500 towards future slurry seal required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Site Map. 2. Tract Map. 3. Resolution No. SD 98 -001 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SD 98 -001 approving the tentative map with conditions. REPORT TO THE PLANNING COMMISSION Applicant No./Location: SD -98 -001; 13480 Saratoga Avenue Applicant/Owner: FITZSIMMONS Staff Planner: Heather Bradley Date: May 27, 1998 389 -34- 003 APN: Department Head: 67/1) SARATOGA LIBRARY 13480 Saratoga Avenue ITEM 5 6 REFERENCES GRAPHIC SCALE NOTES ALL DIMENSi0NS 340" "EREON ARE ,N T AND DECIMALS n IN MET I 1 inch 4o rt THE AREA .YITHIN IHE DISTINCTIVE HORDE 514 Af,RE5. 511E EFFECT OF AN EASEMENT RECORDED N 5"01 :621 RAGE 366 OF OFFICIAL 915020'0 FOP :1 i.Eso :NI) EGRESS TO USE 44 TER THE E •AC' t rigs, ,I ,A,O EASEMENT 15 NOT DEFINED 0 "Ff552D 4 STANDARD CITE 00NUMENT 5 AL :fE MONUMENT "ER ;I', ()F SAP' 41.1 s BASIS OF BEARINGS THE BEARING NORTH "4'06'00' EA•S' r,F t11 .fN fPI.'N( ll R MA. a5 '>HL UPON 7H AI '.F s r 150 :545 4"'SH 445 PE OADEL` Ik MAT-5 A7 PAGE 4 5 03 Jl N:A 51.::. .'"N■A WA[ A1.F :;I Or, SARA TO F 5 1 S.F. N4 :0 :05 LEGEND DISTINCTIVE BORDER CENTERLINE EASEMENT UNE MONUMENT FOUND (A5 NO :ED) SET STANDARD 5i'. 'MONL,ME.NI MTH TAG 551_.E 51954 SET R101 40N(1MENT MTH TAG 85 E- 31954 N411 FOUND IA5 NO1ED1 2 55R0I5F 45554(55 RADIAI ANGLE POrNr RCI. ;NOI.,iSHMEN7 .11 AB051 .0.115 .4 A11.1 AVENUE A32 NO AS }.D :PL .E aa Oa 1 5011 t6E 3H V6 SARATOGA AANUE. TO BE DEDIr AFLU 50 THE COI Il i -,AP A TOGA 2, 1H15 NAP ARE pLFf.• 406.82' 00' R 40 2 24.004 S.F. 3 20,013 S 0 S TRACT NO. 9101 CONSISTING OF TWO (2) SHEETS BEING A PORTION OF LOTS 6 AND 7 AS SHOWN UPON THAT CERTAIN MAP ENTITLED 'BOYER TRACY RECORDED IN BOOK A' OF MAPS, AT PAGE 55 AND ALSO A PORTION OF THE QUITO RANCHO. RECORDS OF SANTA CLARA COUNTY CALIFORNIA. LYING WITHIN THE CITY OF SARATOGA, COUNTY Of SAN TA CLARA, STATE OF CALIFORNIA. SCALE: I' =40' DATE: AUGUST 1998 40 554'55'45 57 Cr,' Civil Engineering Associates Civil Engineers Planners Surveyors 1641 N First Street Suite 250 Son Jose. CA 95112 (408) 452 -1066 I T„,,4111I( ,T, BON NIE ,WA 'N AYES: NOES: ABSENT: ABSTAIN: ATTEST: RESOLUTION NO. SD 98 -001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 98 -001 13480 SARATOGA AVENUE (FITZSIMMONS YAMAOKA DEVELOPMENT) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 5 as shown on that certain map of Tract No. 9101, prepared by Civil Engineering Associates dated August, 1998, and filed with the City Clerk of the City of Saratoga on October 21, 1998, are approved as FIVE (5) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of 19 by the following vote: Deputy City Clerk Mayor 1 CONTRACT FOR THE IMPROVEMENT OF SD 98 -001 AGREEMENT, made and entered into this 5TH day of October 1998, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and L C BUILDING COMPANY, INC. subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 13480 Saratoga Avenue situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 98 -001 has been filed with the City Clerk of the City of Saratoga for presentation to the Council for its approval, which map is hereby referred to and by said reference incorporated herein; and WHEREAS Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovementioned subdivision, including, but without limiting the foregoing, the necessary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and specifications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Civil Engineering Associates Civil Engineer, approved by the City Engineer and now on file in the offices of the Clerk of said City and /or the City Engineer's Office of said City, and 2 WHEREAS, the City Council of said City did on the day of 199 adopt a Resolution approving pproving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and requiring as a condition precedent to the future acceptance of said offers of dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City's Subdivision Ordinance, as amended, of the City of Saratoga and in accord with the improvement plans and specifications on file as hereinabove referred to, and requiring as a condition precedent to the release of said final map for recordation that the Subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462(a) of the State of California, it is hereby agreed as follows: 1. Subdivider at this cost and expense shall construct all of the improvements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and specifications on file in the office of said City, for the construction of said improvements, in, for, or appurtenant to said subdivision, and all in compliance with the City's Subdivision Ordinance as amended and the laws of the State of California, and shall complete the same within one year from date hereof and shall maintain the same for a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent to recordation thereof, furnish to the City and file with the City Clerk a good and sufficient surety 3 bond or bonds, money or negotiable bonds, in form to be approved by the City Attorney, securing the faithful performance by Subdivider of all work and the construction of all improvements herein in this Agreement mentioned within time specified, and securing the faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in all events at least 13,200.00 of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the total amount of said bond to be in the sum of 132, 000.00 and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be One Hundred Thirty Two Thousand Dollars($ 132,000.00 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boards, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought by any and all person or persons because of or resulting from the doing by Subdivider or any and all things required of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors of any and all things required to be done by this contract, or arising or resulting from any dangerous or defective condition arising or 4 resulting from any of the above said acts or omissions of Subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destruction or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destruction, damage or removal is required or caused -by the plans or specifications or by direction of an officer, agent or employee of the City. 4. Subdivider shall, before the release of said final map by the City, and as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the City Attorney, and Subdivider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from Subdivider's operations and activities in the construction of any and all improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and /or arising or resulting from the doing or failure of Subdivider to do all things required to be done pursuant to this agreement. Said policies of insurance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence and property damage coverage accident addition coverage the full of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for each or occurrence. Said policies of insurance shall in contain the following endorsement: "Other insurance the afforded by this insurance shall be primary coverage to limits of liability stated in the declarations. If the assured has other insurance against the loss covered by this policy, that other insurance shall be excess insurance only, after the entire face value of this policy shall have been exhausted by payment." 5. In consideration of City allowing Subdivider to connect said subdivision to certain existing or proposed out -of -tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right -of -way for, and /or to construct, any out -of -tract storm sewer drainage pipe lines and appurtenances which might reasonably be necessary to drain said subdivision and carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero dollars 0 5 6. In consideration of City agreeing to accept, in accord with this agreement, the in -tract storm drain lines and facilities constructed or to be constructed by Subdivider within or outside of said subdivision in accord with the plans and specifications now on file with the City offices, including the streets and other easements in or beneath which said facilities lie, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero Dollars 0 7. Subdivider shall, before the release of said final map by the City and as a condition precedent to the recordation thereof, pay to the City the sum of Ten Thousand Nine Hundred Twenty Dollars 10,920.00) to be applied by City to the payment of 6 expenses to be incurred by City for engineering and inspection services to be performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be done and performed in accord with the within agreement, then and in that event, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same person, firm or corporation, then this agreement shall only be effective upon both the Subdivider and the Owner separately executing the same, and wherever the term Subdivider is used, the same shall include Owner and wherever the term Owner is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal representatives and assigns of Subdivider and Owner, and time is of the essence hereof, save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF SARATOGA, a Municipal Corporation By: By: Mayor By: ANN V. FITZS TINS (Owner, if different from Subdivider) Joseph J. Fitzsimmons (Owner, if different from Subdivider) Sub ivi der,. L C BUILDING COMPANY, Larry K. Ya aoka, President INC. RESOLUTION APPROION NO. VING TENTATIVE MAP OF Fitzsimmons/ Yamaoka Development; 13480 Saratoga Avenue WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga. for Tentative Map approval of five (5) lots, all as more particularly set forth in File No. SD -98 -001 of this City; and WHEREAS, this Advisory Agency hereby fmds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto; and the proposed subdivision and land use are compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated May 27, 1998 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the environmental Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA: and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence. NOW, THEREFORE, BE IT RESOLVED that the Tentative Map for the hereinafter described subdivision, which map is dated January 1998 and is marked Exhibit "A" in the herein above referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Completed by Surveyor. 1. Prior to submittal of a Final Map to the City Engineer for examination, the owner (applicant) shall cause the propert t be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property comer locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point. or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required in Section 14- 40.020 of the Municipal Code, to the City Engineer for examination The Final Map shall contain all of the information required by Section 14- 40.030 of r' Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of submittal of the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. Fees Paid. Bond Posted. All easements offered on Final Map. Plans submitted and approved. Fees Paid. Agreement signed. All securities provided.9. Insurance provided. All utility provided. All permits Complete. commitments obtained. File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development e. One copy of any other map, document. deed. easement or other resource that will facilitate the examination process as requested by the City Engineer. 3. The owner (applicant) shall pay a Map Checking fee. as determined by the City Engineer. at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot comer either prior to recordation of a Final Map or some later date to be specified on a Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date. then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval. to guarantee the setting of interior monuments. 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights of way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. Appropriate traffic control signs shall be included in the improvement plans for the purposes of limiting subdivision ingress and egress to right turns only 7. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee. as determined by the Public Works Director, at the time Improvement Plans are submitted for review. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.055 of the Municipal Code, prior to Final Map approval. 11. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. 12. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to the Associate City Engineer. 13. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control. Board to obtain coverage under the State General Fees Paid. Acknowledged. Fees Paid. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development Construction Activity NPDES Permit. Satisfactory evidence of the filing of NOl shall be furnished to the Associate City Engineer. 14. The owner (applicant) shall pay $500.00 toward the future slurry seal of the new street created by the subdivision prior to Final Map approval. 15. The owner (applicant) shall underground all existing overhead utilities along the frontage of the subdivision. 16. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to Final Map approval. 17. All public and private improvements required for the project shall be completed and accepted for construction by the City Engineer, Planning Director. and/or the appropriate officials from other public agencies, including public and private utility providers. prior to issuance of building permits for any of the lots. 18. 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. 19. Notice of construction shall be distributed to all residents within 500 ft. of the property at least five calendar days prior to commencement of construction in such form as determined by the City Engineer. The applicant (owner) shall reimburse the City the full cost of providing such notice prior to receiving approval from the City Engineer to commence work on the project. 20. All requirements of the West Valley Sanitation District, San Jose Water Company, County Environmental Health Division, and the Santa Clara Valley Water District shall be met. 21. The owner (applicant) shall install one (1) fire hydrant that meets the Saratoga Fire District's specifications. Pursuant to the applicable Uniform Fire code. The hydrant shall be located within 500 feet from the residence and deliver no less than 1000 gallons per minute of water for a sustained period of two hours. 22. Future development of Lots 1 through 5 shall require Design Review approval. Building sites shall be consistent with the approved building envelopes and based on current Zoning Ordinance regulations and City policy. The location of any structures on Lots 1 -5 shall maximize tree preservation. 23. Home designs for Lots 1 through 5 shall be limited to single -story not to exceed 22 feet in height from natural grade. 24. Design Review approvals shall only be granted upon finding that the proposed structure is compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. 25. No grading or building pad improvement work shall take place on the individual lots until Design Review applications have been reviewed and approved by the Planning Commission. 26. The design of the proposed fence along Saratoga Avenue shall be modified to continue the Complete_and Approved. Security provided. Acknowledged. File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development identical design of the existing fence of the development to the right known as Kerwin Ranch. 27. Pursuant to the City Arborist's report dated March 13, 1998. all tree preservation requirements shall be met, prior to Final Map approval, including but not limited to: a. A project arborist certified by the International Society of Aboriculture shall be retained by the developer to (1) assist with the planning of all demolition that will occur within 10 feet of the dripline of any tree; (2) to provide on site supervision during demolition for the purpose of prevention or minimizing damage to trees that will be retained and (3) provide written progress reports to the City of these planning and supervision functions as they occur b. The storm drain parallel with the proposed boundary on Lot 2 shall be relocated toward the south (per the City Arborist's note on plan) by a minimum of 10 linear feet or a minimum of 30 feet from the trunk of tree #16. c. the proposed storm drain which parallels the east side boundary line shall be relocated to the west by 20 linear feet in order to preserve trees 5,6.7.8.9.10 and 11. d. No grading or excavation shall occur within 20 feet of the trunk of tree #22. e. Tree #27 shall be pruned to thin the crown and to reduce the end weight. particularly of horizontally inclined branches on the west side. f. Tree protective fencing shall be installed to protect retained trees from branch breakage and root damage. Fencing must be located at a radius of 10 times the trunk diameter. For those trees in which demolition will occur inside this protected area, the protective fence must be installed to provide the maximum protection feasible during demolition and relocated to the full extent immediately following demolition. Thus, it will likely be supervised by the project arborist. The fence must be chainlink, a minimum height of five feet, mounted on steel posts driven two feet into the ground. The fence must be in place prior to the arrival of demolition materials or equipment and must remain in place until the completion of all construction. Grading trenching and excavations shall be avoided within the protected zone (a radius of ten times the trunk diameter) unless approved in writing by this office. h. Tree #1 shall be removed due to its hazardous condition. Two 24" -box native trees shall be planted as replacement for removal of this tree, and can be incorporated into the required landscaping of future home plans. 28. The owner (applicant) shall submit to the City, in a fonn acceptable to the Planning Director, security in the amount of $14,632.00 (equivalent to 30% of total value of exceptional specimens and 25% of total value of fine specimens) pursuant to the report and recommendation by the City Arborist to guarantee the installation, replacement, maintenance, and/or preservation of trees on the subject site. This security deposit shall be released at the time of construction acceptance upon the City Arborist's finding that all tree protection measures have been adequately followed. 29. Subdivision construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils the public safety. The g. File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development City Engineer may grant an exemption upon his/her determination of an emergence. No construction work shall be permitted on legal holidays. Acknowledged. 30. The owner (applicant) shall, upon the City's request. defend. indemnify and hold the Cite and its officers, officials, boards. commissions, employees and volunteers harmless from and against any claim, action or proceeding to attack. set aside. void or annul this approval. or any of the proceedings, acts or determinations taken. done or made prior to such approval, which is brought within the time specified in Sec. 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense. but in such event. the City shall pay its own attorney's fees and costs. 31. 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. Acknowledged. expire. Section 1. Conditions must be completed within twenty-four (24) months or approval will Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. 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. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27 day of May, 1998. by the following vote: AYES: Commissioners Bernald, Kaplan, Murakami, and Chair Pierce NOES: None ABSENT: Commissioners Martlage, Patrick ATTEST: EXECUTIVE SUMMARY NO. MEETING DATE: OCTOBER 21, 1998 ORIGINATING DEPT.: CITY MANAGER RECOMMENDED MOTION(S): None required. REPORT SUMMARY: SARATOGA CITY COUNCIL AGENDA ITEM CITY MANAGER: DEPT. HEAD: SUBJECT: Letter from Regional Water Quality Control Board concerning submission of quarterly reports on the City's NPDES activities The Executive Officer of the Regiernal Water Quality Control Board has notified the City that it is no longer required to submit quarterly reports on the City's NPDES activities (see attached letter). Nineteen of these reports have been submitted since July, 1995 in response to previous concerns about the City's adherence to certain requirements of its NPDES Permit, and each of these reports has appeared on the City Council's agenda for review. As the Board now appears satisfied that the City is meeting its stormwater management obligations, they have waived the requirement for continued quarterly reporting in lieu of one annual report to be incorporated into the annual reporting that the City additionally performs as a co- permittee of the Santa Clara Valley Urban Runoff Management Program. The format and content of the supplemental annual reporting will be developed over the next two months in cooperation with Regional Board staff. Once approved, it will be brought back to the City Council for its review as well. In the meantime, the new reporting requirements should be seen as a positive development for the City in that it signals restored confidence and faith in the City's stormwater management program by the Board, and will reduce administrative efforts in connection with this program by allowing for a more efficient reporting process to occur. FISCAL IMPACTS: None directly. Indirectly, there will be a reduced administrative burden on City staff to manage and carry out its NPDES activities. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. However, interested parties have received copies of the Board's letter. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N /A. FOLLOW UP ACTIONS: Staff will be meeting with Regional Board staff over the next two months to develop additional annual reporting content and format to replace the previous quarterly reports. Upon approval by the Board, this will be brought back to the City Council for review. ATTACHMENTS: Letter from Executive Officer of the RWQCB dated September 21. California Regional Water Quality Control Board San Francisco Bay Region Peter M. Rooney Secretary for Environmental Protection Ms. Chris Fischer Director of Public Works City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Internet Address: http: /www.swrcb.ca.gov 1515 Clay Street, Suite 1400, Oakland, California 94612 Phone (510) 622 -2300 9..e. FAX (510) 622 -2460 Date: SEP 2 1 1998 File No. 2188.07 (JRW) Subject: Request to Report Annually on the Status of Activities at Saratoga Creek Dear Ms. Fischer: We have received your letter dated September 3, 1998, requesting to change reporting requirements from quarterly to an annual basis at the subject site. Since July 1995 the City has submitted 19 stormwater management quarterly reports which have been primarily focused on Saratoga Creek. This additional reporting requirement was the result of concern that the City had not adequately fulfilled its obligations as a co- permittee under the Santa Clara Valley Municipal National Pollutant Discharge Elimination System (NPDES) permit (Order No. 95 -180). Upon review of this matter it appears that annual reporting may now be acceptable and we hereby approve your request with the following conditions: 1) Board staff will meet with your staff by November 3, 1998 to discuss appropriate content and format of the proposed annual reporting; and, 2) By December 1, 1998, an acceptable draft of the proposed annual reporting format will be submitted to the Regional Board. Board staff are particularly interested in the area of evaluation of program results for continuous improvement activities. Please contact John West of my staff at (510) 622 -2438 to arrange for the follow -up meeting Recycled Paper Sincerely, cc: Trish Mulvey, CLEAN South Bay Don Whetstone, Friends of Santa Clara Creeks Michael Lozeau, Baykeeper Kelly Carroll, West Valley Clean Water Program Beau Goldie, SCVWD California Environmental Protection Agency -F6r Loretta K. Barsamian Executive Officer Pete Wilson Governor REPORT SUMMARY: SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM Q /"1 MEETING DATE: OCTOBER 21, 1998 CITY MANAGER: ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD: SUBJECT: Appointment of John Cherbone as Acting Director of Public Works RECOMMENDED MOTION(S): Move to concur with the City Manager's recommended appointment. The unfortunate departure of the City's recently hired Public Works Director again leaves this key management position vacant. In the interim, I am recommending the appointment of John Cherbone, Interim Public Works Services Manager (Associate Engineer), to serve as Acting Public Works Director. John has served the City since 1993, and is intimately familiar with most of the ongoing and long range activities and projects with which the department is involved. He has handled the full spectrum of land development processing activities, from plan checks to inspections, design and construction oversight of numerous capital projects, implementation of the City's Pavement Management Program, and most recently, has managed the daily operational and maintenance activities performed out of the Corporation Yard in the absence of the permanent Public Works Services Manager. Given John's past performance in each of these areas, I am confident in his abilities to lead the Department during this interim period of time until decisions about a permanent appointment can be made. As Municipal Code Section 2- 20.050(d) requires City Council concurrence with Department Head appointments, the recommendation to appoint John Cherbone as Acting Public Works Director is brought to you for that purpose with my full support. FISCAL IMPACTS: If the Council concurs with the recommended appointment, there will be an undetermined savings in wages and benefits from what is approved in the budget for the position of Public Works Director. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City Council would not concur with the recommended appointment. In that event, I would continue to search for another candidate to serve in this capacity who I would then again recommend to the City Council. FOLLOW UP ACTIONS: None required. ATTACHMENTS: Municipal Code Section 2- 20.050(d). 2- 20.020 2- 20.020 Compensation; employment benefits. The City Manager shall receive such compensation, expense reimbursement, vacation, sick leave and fringe benefits as established from time to time by the City Council. 2- 20.030 Manager to serve as City Clerk. The City Manager shall serve as City Clerk and shall be responsible for the performance of the functions of the office of City Clerk. 2- 20.035 Manager to serve as City Treasurer. The City Manager shall serve as City Treasurer and shall be responsible for supervising all of the activities of the Finance Director, implementation of the City's investment policy as adopted from time to time by the City Council, and such other duties and responsibilities as required by law to be performed by the City Treasurer. 2- 20.040 Absence or disability; Acting City Manager. The Assistant City Manager shall serve as Manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during his temporary absence or disability. In the event the City Manager's absence or disability extends over a two -month period, the City Council may, after the two-month period, appoint an acting City Manager. 2- 20.050 Powers and duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this Article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as adminis- trative head, and not as a limitation thereon, he shall have the following powers and duties: (a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code provisions and ordi- nances of the City, and be shall have the powers of a peace officer. He shall also see that all franchises, con- tracts, permits and privileges granted by the City Council are faithfully observed and the conditions, if any, thereof performed. (b) City Clerk functions. It shall be the duty of the City Manager to perform the statutory functions of City 16 Clerk. He may delegate the duties of this office to duly designated deputies. (c) Authority over employees. It shall be the duty of the City Manager, and he shall have the authority to con- trol, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads. (d) Power of appointment and removal. The City Manager shall have the duty to, and he shall appoint, employ, remove, promote and demote any and all officers and employees of the City, subject to all applicable provi- sions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such person- nel rules as may be adopted by resolution of the City Council, and subject further to the requirement that no department head shall be either employed or discharged without the consent of the City Council. (e) Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganiza- tion of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (t) Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary. (g) Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless he is excused therefrom by the Mayor individually, or the City Council. (h) Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. (i) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. (j) Expenditure control and purchasing. No expenditure shall be submitted to or recommended to the City council except on approval of the City Manager or his duly autho- rized representative, and he shall be responsible for the purchase of all supplies for all the departments and divi- sions of the City. (k) Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and to investigate any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City, and to see that all franchises MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 7 1998 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting aA Administration Conference Room 6:30 p.m. Special Meeting for the purpose of a Closed Session pursuant to Government Code Section 94956.9: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Name of Cases: San Francisco Baykeepers vs. Saratoga and Pursuant to Government Code Section 54956.9©: CONFERENCE WITH LEGAL COUNSEL POSSIBLE INITIATION OF LITIGATION IN ONE CASE. Mayor's Report on Closed Session Mayor Wolfe announced that the Council had added the West Valley litigation as an urgency matter to the agenda in closed session and that no actions were taken in closed session on any of the subjects discussed. 7:30 Pledge of Allegiance Led by Mr. Warren Lampshire, Saratoga Citizen of the Year and Chairperson of the Saratoga Parade. 1. ROLL CALL The meeting was called to order at 7:30 p.m. Council members present were Bogosian, Jacobs, Moran, Shaw, and Mayor Wolfe. Staff members present were City Manager Perlin, Community Development Director Walgren, and City Attorney Riback. 2. CEREMONIAL ITEMS A. Introduction of New Employees City Manager Perlin introduced Mr. Erik John Pearson as the City's new Assistant Planner in the Community Development Department; and Mr. Greg Milano as the City's new Recreation Program Coordinator in the Recreation Department. Mr. Pearson and Mr. Milano briefly addressed the Council, and Mayor Wolfe welcomed both employees to the City staff. B. Resolution honoring Oliver Wright for Services as Interim Finance Director Mayor Wolfe continued this item to a later date when Mr. Wright could be present at the meeting. C. Proclamation on Saratoga Library Days Mayor Wolfe read and presented a Proclamation proclaiming October 19 -25, 1998 Saratoga Library Days to Library Commission Chairperson Marcia Manzo. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Perlin announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 2, 1998 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Warren Lampshire reported on the Saratoga Parade held last week. He thanked the City staff, Council, and others for their cooperation and assistance, and presented a plaque of appreciation to the City Council Minutes 2 City which was accepted by Mayor Wolfe. Mayor Wolfe thanked Mr. Lampshire for his work. B. COMMUNICATIONS FROM COMMISSIONS None C. WRITTEN COMMUNICATIONS October 7, 1998 Councilmember Bogosian acknowledged a letter received from Mr. Vance dated 9/30/98 and a letter received today from Maxine Beck regarding leaf blowers. He stated that the community has a concern regarding this issue and noted that Ms. Beck's letter refers to what other cities are doing about this matter. 5. CONSENT CALENDAR A. Previously Discussed Items 1) Resolution 98-32 confirming denial of Addison appeal heard 9/16 2) Resolution 98-33 confirming grant of Douglass appeal heard 9/16 Councilmember Jacobs asked whether he should abstain from Item 5 -A -2 as he abstained from the discussion and voting of the item when it was considered by the Council on September 16, 1998. City Attorney Riback responded that it would be appropriate for Councilmember Jacobs to cast a vote on the issue. MORAN /SHAW MOVED TO ADOPT RESOLUTIONS 98 -32 and 98 -33. PASSED 5 -0. B. New Items 1) Personnel Resolutions a) Resolution 85 -9.116 implementing a Reorganization Plan and and authorizing Permanent Positions in the City Service b) Resolution 85 -9.117 amending City's Classification Plan 2) Ordinance 71 -186 setting dimensions standards for residential garages (second reading and adoption) 3) Memo Authorizing Publicity for Upcoming hearings No new hearings scheduled for October 21. 4) Approval of Check Register 5) Planning Commission Action Minutes, 9/23 Note and file. SHAW/BOGOSIAN MOVED TO APPROVE CONSENT CALENDAR ITEMS 5 -B -1 TO 5 -B -5. PASSED 5 -0. C. CLAIMS AGAINST THE CITY None 6. PUBLIC HEARINGS None 4. A. Oral communications (continued) and instructions to staff regarding actions on current oral communications None. 7. OLD BUSINESS None 8. NEW BUSINESS None City Council Minutes 3 October 7, 1998 9. ROUTINE MATTERS A. Approval of Minutes 9/16 9/22 The minutes of September 16, 1998, were amended as follows: Page 3, Item 6A, paragraph 8, "Moran/Shaw moved to close the Public Hearing (at 8:25 p.m.) Passed 4-0 (Jacobs absent.) Page 3, last paragraph Councilmember Shaw expressed concern with increasing the maximum amount cut allowed. MORAN /SHAW MOVED TO APPROVE THE MINUTES OF 9/16/98 AS AMENDED. PASSED 5 -0. MORAN /SHAW MOVED TO APPROVE THE MINUTES OF 9/22/98 AS WRITTEN. PASSED 5 -0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting October 13 meeting canceled. B. Other i. Councilmember Bogosian requested a date certain for the report on the Quarry Creek work being done, which he requested last month.. He said there are questions regarding water diversion and various issues for which he was awaiting responses. City Manager Perlin stated that the report would be on the October 27 Council agenda. ii. Mayor Wolfe announced that the Friends of the Library are holding a membership drive and provided a phone number for interested citizens to call. 11. CITY MANAGER'S REPORT i. City Manager Perlin recalled that Library Commission Chairperson Manzo had invited the Council to attend a workshop on October 20 for a presentation from the consultant who worked on the space analysis of the library. He asked if the Council were planning to attend the presentation, and if so, tonight's meeting would have to be adjourned to that meeting, and staff would have to advertise it as a joint meeting with the Library Commission. Councilmember Shaw indicated he planned to attend the meeting which he views as an informational meeting. Mayor Wolfe noted this would be an important event, but no Council action would be taking place. Councilmember Bogosian stated it was not necessary to have a meeting; however, the issue is of importance to the community. He planned to attend the workshop and encouraged the community to be present. CONSENSUS FROM THE COUNCIL WAS TO ATTEND THE MEETING AS INDIVIDUALS AND NOT AS A COUNCIL. ii. City Manager Perlin reported that applications for the City Clerk have been received and screened, and interviews are in the process of being scheduled for later this month. He indicated he would like for one Council member to participate in the oral panel. Councilmember Bogosian expressed he was uncomfortable with Mr. Perlin's request because the City Clerk position does not differ from any other City employee. He said this is the City Manager's responsibility and should be treated as any other position. Following discussion, Councilmember Shaw volunteered and was appointed by Mayor Wolfe to serve City Council Minutes 4 October 7, 1998 on the oral panel. iii. City Manager Perlin announced he had received a faxed invitation from the Santa Clara Valley Water District who is sponsoring a Water Walk Tour to five different job sites, including flood control channels, Rinconada Water Treatment Plant, injection wells, etc. iv. City Manager Perlin reported on the activities of the Recreation Department, announcing that the youth basketball league is underway. v. City Manager Perlin announced that each Tuesday night California Scholarship Federation students from Saratoga High School offer free tutoring at the Warner Hutton House Teen Center. 12. ADJOURNMENT The meeting was adjourned at 8:08 p.m. Respectfully submitted, Lynda Ramirez Jones Minutes Clerk