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HomeMy WebLinkAbout08-05-1998 City Council packet1 :35 3. Public 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. AGENDA BARATOGA CITY COUNCIL TIME: Wednesday, August 5, 1998 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Special Meeting for the Purpose of Closed Sessions Administration Conference Room 6:30 p.m. Pursuant to Government Code 54957: PUBLIC EMPLOYEE APPOINTMENT Title: Finance Director and pursuant to Government Code 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Larry I. Perlin Employee organization: Saratoga Employees Association; Saratoga Management Organization Special Meeting for the Purpose of Library Commission Interviews: 6:45 Bethel; 6:55 Gipstein; 7:05 Lynch Mayor's Report on Closed Session. 7:30 Pledge of Allegiance 74/ 1. ROLL CALL 7: 32 2. CEREMONIAL ITEMS A. Resolution appointing Donald Korn to Hakone Foundation Board of Trustees B. Administration of Oath of Office to Mr. Korn DID REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 31. 7: 7: i/o 7 :i/ 7:45' 7� �7 'City Council Agenda 2 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS eg1 B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS 5. CONSENT CALENDAR B. New Items meeting August 19. A. Previously- Discussed Items 1) Resolution on Neogy Appeal Twit 1:' August 5, 1998 1) Letter from Christina Gulrich concerning various code enforcement issues 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. 1) Planning Commission Actions, 7/22 Note and file. v 2) Appointment of Jim Staliman as City Representative to A nll CMA Bicycle Advisory Committee 1 3) Memo Authorizing Publicity for Upcoming Hearings No 0:00 City Council Agenda 5) Resolution designating the Intersection of Aloha Ave. and Romina Ave. as a 3 -Way Stop Intersection 3 August 5, 1998 4) Village Valet Parking Ordinance (second reading and adoption) and Resolution setting Fee 6) Approval of Check Register Approval of Animal Licensing Agreement between Humane Society and other Jurisdictions 8) Final Acceptance and Notice of Completion for Hakone Gardens Restrooms, CIP No. 9704 9) Final Map Approval for Tr. 7424, 3 lots at Peach Hill Road (Owner, Dimanto /Ablamis)(8D88- 005.01) and authorization for Mayor to execute Subdivision Improvement Agreement 10) Final Map Approval for Tr. 8561, 2 lots at Madrone Hill Road (Owner, Dimanto /Ablamis)(8D88- 005.02) and authorization for Mayor to execute Subdivision Improvement Agreement 11) Approval of Amendment to Weed Abatement Agreement with County of San $a Clara 4 044A- 1 :512 C. CLAIMS AGAINST THE CITY 60 @OA' #q. 1) Claim of Haghshenas concerning damage caused by falling tree Recommended Action: Reject claim. 6. PUBLIC HEARINGS 8:00 pm. A. Public Hearing on Proposed Formation of Underground Utility District Number 8 (Saratoga Avenue between Fruitvale Avenue and Baroni Court) (continued from June 3) Recommended Actionn Continue to September 2. f:OZ 04 City Council Agenda B. Landscaping and Lighting District LLA -1 1) Public Hearing on Proposed Assessments for FY 98 -99 (continued from July 15) le del-_ Y :3/ s:4 Aqiw 4er 4 August 5, 1998 5 .v 2) Declaration of lowest responsible Bidder and Award of Maintenance Contract to Diablo Landscape Management in the amount of $4,090 per month g5: C. Zoning Ordinance Amendments (first reading and introduction) Proposed amendments include revisions to the Building Floor Area and Average Site Slope definitions, the Building Floor Area Reduction requirements, the Administrative Design Review and Accessory Structure Review process, and the Sign Ordinance. New regulations would include a restriction on the number of wood burning fireplaces allowed and the creation of a creek protection setback for new construction. In addition, amendments are being proposed to the Lot Impervious Coverage requirements to match the language of the Measure G initiative. The proposed amendments have been determined to be categorically exempt from the requirements of the California Environmental Quality Act. Recommended Action: Introduce ordinances by title only, waiving further reading. City Council Agenda 5 August 5, 1998 t; ?JV D. Weed Abatement Resolution Confirming Report and UU Assessment of Weed Abatement Charges Recommended Action: Adopt resolution. y 36 r 9 E. 6D*' IDS 71i€52 3 4-t 0 oPia Appeal of denial of request for modification of Design Review and Use Permit approval to redevelop and expand the Argonaut Shopping Center by adding approximately 10,000 sq. ft. to the existing Safeway Supermarket, renovating the existing Center buildings and constructing two new free- standing buildings. The modification request is to allow the free standing building approved for Pad B at the southeast corner of Saratoga Sunnyvale Road and Blauer Drive to be separated from the overall project approval so that they may proceed with construction of that building independent of the overall project. The conditions of approval required that construction of the free- standing buildings occur simultaneously with the renovation of the Center, in order to ensure that the renovation did occur. Applicant /appellant, Saratoga Courtyards, LLC (DR96 -056.1 and UP96 -016.1 (APN393 -01 -024, 025, 026, 027, 028 393- 02 -003) 054 7. 7; SS 8° City Council Agenda 6 August 5, 1998 1;513 10. A. A. Agenda items for future adjourned meetings: (Note: The purpose of listing the following agenda items 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.) 1) August 11 A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications OLD BUSINESS None. 2, JL5J4- 7 -t t v i L NEW BUSINESS None. 1 O ROUTINE MATTERS (Note: City Attorney will be excused at this point if no longer needed.) 11 A. Approval of Minutes 7/15; 7/21 J 0 p CITY COUNCIL ITEMS -Joint Meeting with Sheriff and Public Safety Commission Report on Sheriff's Activities for FY 1997 -98 Preview of Sheriff's Activities for FY 1998 -99 Ordinance on Sleeping in Vehicles Public Safety Commission Work Plan Adult Business Ordinance Supplementary Code Enforcement Staffing through COPS funding Staffing for Public Safety Commission -LOU and MOU Amendments 2) October 27 Quarterly Review of Projects and Programs Recreation Department Cost Recovery Plan -Joint Meeting with Saratoga Union School District q 1 q Z3 City Council Agenda 7 August 5, 1998 B. Other f CITY MANAGER'S REPORT t /I 1,v04-04 S 5-v- G'e't' e(cxg_ f---X y ZtJ'f_at2. 3r Y Zty/U, 012 I� f pm, 12. ADJOURNMENT to next meeting at 7:00 p.m. on Tuesday, August 11, at Adult Cal4e 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] SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: August 5, 1998 A CITY MANAGER: ORIGINATING DEPT.: City Clerk DEPT. HEAD: SUBJECT: Third Amendment to Weed Abatement Agreement RECOMMENDED MOTION(S): Approve amendment. REPORT SUMMARY: The attached letter from the County Fire Marshal's Office explains their need to adjust weed abatement program fees. Staff believes that this request is reasonable and will enable us, to continue a valuable program. FISCAL IMPACTS: None upon City. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of agenda. FOLLOWUP ACTIONS: Staff will return signed agreement to County. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): County would be unable to continue program. ATTACHMENTS: Letter from Fire Marshal with amendment to agreement. County of Santa Clara Environmental Resources Agency Fire Marshal's Office Santa Clara County Fire Department County Government Center. East wing 70 west Hedding Street. 7th Floor San Jose, California 95110-1705 (408) 299 -3805 FAX 279 -8537 June 26, 1998 Mr. Larry Perlin City Manager City Manager's Office City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Re: Proposed Amendment to Adjust Weed Abatement Program Fees Dear Mr. Perlin, Santa Clara County began providing weed abatement services to local jurisdictions in the late 1970's in order to address the issue of public fire safety in a cost effective manner. Since then, we have been fortunate to create partnerships with twelve jurisdictions and one private corporation to provide timely weed and brush abatement services and thereby reduce fire danger. The economy of scale employed by this Program and our efforts to keep administrative costs to a minimum have allowed us to provide these services to your residents at minimal cost. In fact since 1983 we have only requested one Program fee increase. That increase was implemented for the 1996/1997 weed abatement season with the full support of our jurisdictional partners. In 1996 we set the Program fees at 120% of the weed abatement contract costs, and further agreed to maintain that fee for a period of two years. Now in 1998, it is time to revisit the Program fees and make adjustments to cover the actual costs of implementation and administration of the Program for the upcoming 1998/1999 season. Beginning with the start of the 1998/1999 weed abatement season in September 1998 we propose to raise our Program fees to 130% of the weed abatement contract costs. This increase will cover the increased costs of the Program administration. A proposed amendment to our agreement for weed abatement services is provided in Attachment A. Our Program administrative costs have risen for several reasons. First, we will have experienced two successive salary and benefit increases since the 1996/1997 weed abatement season. These increases reflect the negotiated labor union contract costs. In addition, we have reclassified our weed abatement entry level supervisor position in order to provide the appropriate level of management administration necessary to continue efforts to further streamline the weed abatement process and maintain cost effectiveness and minimize staff turnovers. Our two weed abatement vehicles which are ten years old also need replacement this upcoming year, and the new vehicles will be more costly. Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh. James T. Beall Jr.. S. Joseph Simitian County Executive: Richard Wittenberg Attachments In response to comments received from the public, and in an effort to streamline our Program we have decided to reduce the time a parcel remains on the Program from four years to two years. On a county -wide basis, this results in a 48% reduction in the number of parcels on the Program. However, we anticipate the Program will abate nearly the same number of parcels county -wide on an annual basis. Costs would only be incurred by the property owner if they choose not to maintain their property according to the minimum fire safety standards and the County provides weed abatement services. In keeping with the procedures of the current Program, if a property owner provides their own abatement, they are not assessed a fee for our inspection services. For your reference we have provided Attachment B which summarizes the number of parcels inspected, number of parcels abated and the average cost per parcel including Program fees for weed abatement services in your jurisdiction for the 1996 and 1997 seasons. Attachment C provides an accounting of the Weed Abatement Program on a county -wide basis for the same period of time. Even with the proposed fee adjustment, we believe the benefits realized by the economy of scale still allow our services to be competitive. Please let us know if we can provide any assistance as you carry the amendment forward to your City Councils for approval. Considering our desire to provide uninterrupted service, we suggest the approval process by your Council and our Board of Supervisors be completed this summer. Please return (3) three signed copies of the amendment to my attention by September 1, 1998. If you do not wish to continue contracting with the County for weed abatement services, we would appreciate being notified of your decision by August 1, 1998 so that we may inform our Board of Supervisors and make any necessary adjustments to the Weed Abatement Program. We anticipate our Board will take action on the amendments August 18, 1998. If you have questions, please don't hesitate to contact me at (408) 299 -3805 ext. 207. We thank you for your support will look forward to working with you. Sincerely, r Judy Satf Sr. Deputy Fire Marshal Attachment A: Proposed Amendment Attachment B: Jurisdictional Summary Attachment C: County -wide Summary cc: Richard Wittenberg, County Executive Leode G. Franklin, Director Peter Ng, Financial and Administrative Services Manager Lauren Harvey, Management Analyst THIRD AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara (County) and the City of Saratoga (City) previously entered into on November 2, 1981, as amended on May 9, 1981, February 15, 1983, and January 14, 1996 is hereby amended to increase the charge for the County's program costs to administer the Weed Abatement Program. IT IS AGREED between the parties as follows: 1. Statement of Costs Section 6. of the Agreement shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the 10th day of August of each year, which shall include the County's administrative costs of 130 of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the Weed Abatement Program. 2. Duration of Agreement Section 13. of the Agreement shall be amended to read as follows: The Agreement became effective on the date of execution and shall run until the governing body of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of September of any year, by giving notice to the other party not less than 10 days prior to the date of termination. The increased charge for the County's administration costs shall be effective commencing with the Fiscal Year 1999 weed abatement season. Except as modified herein, all other terms and conditions of the Agreement remain the same. SANTA CLARA COUNTY CITY OF SARATOGA Leode G. Franklin, Director Environmental Resources Agency August 18, 1998 Approved as to form and legality: James E. Lewis, Deputy County Counsel Date Attachment A Proposed Amendment Attachment B Saratoga Jurisdictional Summary FY 1996 Actual FY 1997 Actual Parcels Inspected' 681 272 Parcels Abated 79 57 Avg. Cost/Parcel including Program fee $179 $254 Attachment B Saratoga Jurisdictional Summary Attachment C County -wide Summary FY 1996 Actual FY 1997 Actual Beginning Balance $14,546 ($53,449) Revenues 343,717 497,162 Expenses: Staffing 157,867 180,607 Abatement Contract 202,107 252,323 General 41,740 48,237 Interest 9,998 20,412 Total Expenses 411,712 501,579 Surplus (Deficit) (67,995) (4,417) Ending Balance (53,449) (57,866) Attachment C County -wide Summary SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM tO 0 MEETING DATE: August 5,1998 CITY MANAGER: ORIGINATING DEPT.: City Clerk DEPT. HEAD: SUBJECT: Confirmation of Report and Assessment of Weed Abatement Charges RECOMMENDED MOTION(S): Adopt resolution. REPORT SUMMARY: FISCAL IMPACTS: Under State and local laws, local governments routinely abate the seasonal fire hazards of weed growth on undeveloped property. For the County and several cities, including Saratoga, this weed abatement program is administered by the County Fire Marshal's Office. In many cases, property owners find it convenient to have government take care of weed removal and to pay through a property tax lien. This past year, the County performed weed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totalled $15,940.08. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. None upon City if resolution is passed. City may be liable for work performed by contractor for any assessments not levied. ADVERTISING, NOTICING AND PUBLIC CONTACT: Weed Abatement Office has mailed notice to property owners and published notice of hearing. FOLLOWUP ACTIONS: None; this is the last City action in the weed abatement cycle. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): See Fiscal Impacts. ATTACHMENTS: Resolution with list of assessments. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES WHEREAS, at a regular meeting held on August 5, 1998, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Ch. 7 of the Saratoga City Code, and WHEREAS, the City Council, having heard said report and all objections thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, BE IT RESOLVED, that the 1998 Weed Abatement Assessments report, City of Saratoga, prepared by the Fire Marshal of Santa Clara County, which report is attached hereto as Exhibit "A" and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit "A" is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof, and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 5th day of August, 1998, by the following vote: AYES:. NOES: ABSENT: ATTEST: City Clerk Mayor 14195 CHESTER AV 14510 SOBEY RD SARATOGA 14812 GYPSY HILL RD 15209 BLUE GUM CT LUTHERIA WY SARATOGA 14961 VIA DE MARCOS EDENCREST LN SARATOGA MT EDEN RD SARATOGA MT EDEN RD SARATOGA 22122 MT EDEN RD MT EDEN RD SARATOGA 21272 CHIQUITA WY CHADWICK CT SARATOGA PARAMONT DR SARATOGA ELVA AV SARATOGA CANYON VIEW DR TOLLGATE RD SARATOGA DORENE CT SARATOGA ,HEBER WY SARATOGA ,14185 TEERLINK SARATOGA 13957 ALBAR CT SARATOGA 7/24/98 J API 397 -01 -057 397 -03 -074 397 -04 -112 397-08 -082 397-24-022 397 -40-020 503 -13-033 503 -13-039 503 13-059 503 13-115 503- 13-127 503 -15 -060 503 15-067 503- 19-067 503 -27 -081 503 -28-008 503 -28 -123 503 -31 -055 503- 31-065 503 31-076 503 -31 -087 SARATOGA- SUNNYVALE RD 366 20-033 PIERCE RD SARATOGA 503 30-002 14150 DORENE CT SARATOGA 503-31-054 1998 WEED ABATEMENT ASSESSMENTS BY THE COUNTY OF SANTA CLARA FOR THE CITY OF SARATOGA OWNER PACIFIC GAS AND ELECTRIC CO SALCEDO, ALFREDO L GAUDREAU, DANIEL A NASRIN DION, C N TRUSTEE ETAL HORVATH, FRANK J DAGMAR MOORE, ELLEN D TRUSTEE MOROYAN, HRAYR H VERA Y HORVATH, FRANK J DAGMAR HORVATH, FRANK DAGMAR HORVATH, FRANK J DAGMAR HORVATH, FRANK J DAGMAR IRANY, FRED Z CHRIS ETAL WILLIAMS, PHILIP C DEBORAH WONG, HARRY K TR ETAL TOUGAS, DORIS G BERNARD E ISIDORO, FRANK W MERNA L MEHRANY, M ETAL LAND -CALL LIMITED WALKER, THOMAS E SUSAN FAN, SHERMAN S LILY L COTRAN, FADI NAWAL SHENG, NIN -CHUN ROUNDA ALFF, WILLIAM H DENNY V SEIFERT, MICHAEL E ALICIA J ADDRESS 111 ALMADEN BLVD. 100 DAWN LN 14510 SOBEY RD 3160 E DESERT INN 3-518 15209 BLUE GUM CT 5731 HILLBRIGHT CIRCLE 1816 WHITE OAKS RD 15209 BLUE GUM CT 15209 BLUE GUM CT 15209 BLUE GUM CT 1941 CALIFORNIA ST 21 13937 VLSTA REGINA 21272 CHIQUITA WY 1536 QUEENSTOWN CT 20604 WARDELL RD 15041 PARK DR 105 DOVER CT 1802 CHENEY DR 1134 LUTTLEOAK CL 14150 DORENE CT 11543 COUNTRY SPRING CT 14900 VINTNER CT 14185 TEERLINK 13957 ALBAR CT SIIx SAN JOSE WAVERLY SARATOGA LAS VEGAS SARATOGA SAN JOSE CAMPBELL SARATOGA SARATOGA SARATOGA MOUNTAIN VIEW SARATOGA SARATOGA SUNNYVALE SARATOGA SARATOGA LOS GATOS SAN JOSE SAN JOSE SARATOGA CUPERTINO SARATOGA SARATOGA SARATOGA STATE ZIP CA 95113 OH 45690 -9138 CA 95070 -0056 NV 89121 -3875 CA 95070 -6268 CA 95123 -4220 CA 95008-7124 CA 95070 -6268 CA 95070 -6268 CA 95070-6268 CA 94040 -2000 CA 95070 -4865 CA 95070 -4259 CA 94087 -4442 CA 95070-3719 CA 95070-6421 CA 95032 -3816 CA 95128 -3608 CA 95129 -0000 CA 95070 -9727 CA 95014 -5116 CA 95070 -9712 CA 95070 -9735 CA 95070 -9718 TAX ROLL AMT $275.97 $427.75 $289.48 $455.40 $392.80 $31458 $382.80 $628.32 $325.60 $325.60 $31240 $382.80 $127.60 525520 Page 1 $422. $18327 $382.80 $1,80520 $49.56 538280 $301.08 $29920 $25520 $272.80 ST1118 13947 ALBAR CT SARATOGA 13927 ALBAR CT SARATOGA 21761 HEBER WY SARATOGA SARABILLS DR SARATOGA HAYMEADOW SARATOGA 21175 BANK MILL RD 21200 CHIQUITA WY VINTAGE LN SARATOGA MASSON CT SARATOGA 21503 SARATOGA HEIGHTS DR 21519 SARATOGA HEIGHTS DR 21775 CONGRESS HALL LN 21770 CONGRESS HALL LN 21764 CONGRESS HALL LN 21756 CONGRESS HALL LN 21771 CONGRESS HALL LN 14930 VINTNER CT 22183 VILLA OAKS LN 15100 PEPPER LN, SARATOGA AEI 503 -31 -088 503 -31 -090 503-31 -100 503 -53-061 503- 55-053 503 55-064 503 -66 -010 503 -72 -012 503 -72 -014 503 -72-025 503 -72 -027 503- 72-034 503 75-008 503 -75 -009 503 -75-010 503- 75-017 503 -75-018 503-78 -026 510- 03-009 1998 WEED ABATEMENT ASSESSMENTS BY THE COUNTY OF SANTA CLARA FOR THE CITY OF SARATOGA OWNER HWANG, LILY L JOSEPH J CAMPAGNA, RUBY PALMER, WILLIAM CHARLENE DHAKA. VIR A MOHINI PERSSON, JONAS JENNIFER D KIM, KI Y CHANG, MU T UN M SAFFARIAN, JALIL UU, BILL S SHU -FENG TANIGUCHI, BEN T SACHIKO SAFFARIAN, JAUL HSU. FU -CHIEH ADELA C DAVIS, ANTHONY M ISHBEL LALLY, JAMES P LYNN JEPSEN, REBECCA A HOWE, FREDERICK MARY S ZARNEGAR, SAMSON UPPAL, INDERJIT S PARAMJIT K PERAZZO ELEANOR K AND ADDRESS 13966 ALBAR CT 3064 RIVERA DR 21761 HEBER WY 580 ARASTRADERO RD 105 101 PRIMROSE WY 21175 BANK MILL RD 21200 CHIQUITA WY 21519 SARATOGA HEIGHTS DR 13443 ALVARADO CT 21503 SARATOGA HEIGHTS DR 21519 SARATOGA HEIGHTS DR 21775 CONGRESS HALL LN 21770 CONGRESS HALL LN 21764 CONGRESS HALL LN 2427 LANDINGS CL 6366 CAMINO DE LA COSTA 14930 VJNTNER CT 22183 VILLA OAKS LN PO BOX 2222 iTT1L SARATOGA BURLINGAME SARATOGA PALO ALTO PALO ALTO SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA BRADENTON LA JOLLA SARATOGA SARATOGA SARATOGA STATE DE CA 95070 -9718 CA 94010 -5834 CA 95070 -9700 CA 94306 -3944 CA 94303 -3047 CA 95070 CA 95070 -4259 CA 95070 -5758 CA 95070 -5201 CA 95070 -5758 CA 95070 -5758 CA 95070 -9714 CA 95070 -9714 CA 95070 -9714 FL 34209 CA 92037 -6525 CA 95070 -9712 CA 95070 -9766 CA 95070 TAX ROLL AMT $918.65 $765.60 $255,20 $162.62 $p.80 $89S5 $28.16 $897.60 $382.80 $27.03 $25520 $87.30 $386.99 $220.00 $325.60 $174.90 $525.18 $382.80 7/24/98 Page 2 $45120 TOTAL 815,940.08 EXECUTIVE SUMMARY NO. MEETING DATE: August 6, 1997 ORIGINATING DEPT.: City Clerk Recommended Motion: Adopt resolution. Report Summary: Fiscal Impacts: Follow Up actions: SARATOGA CITY COUNCIL AGENDA ITEM CITY MGR. APPROVAL SUBJECT: Confirmation of Report and Assessment of Weed Abatement Charges Under State and local laws, local governments routinely abate the seasonal fire hazards of weed growth on undeveloped property. For the County and several cities, including Saratoga, this weed abatement program is administered by the County Fire Marshal's Office. In many cases, property owners find it convenient to have government take care of weed removal and to pay through a property tax lien. This past year, the County performed weed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totalled $14,677.17. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. None upon City if resolution is passed. City may be liable for work performed by contractor for any assessments not levied. None; this is the last City action in the weed abatement cycle. Consequences of Not Acting on the Recommended Motions: See Fiscal Impacts. Attachments: Resolution with list of assessments. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES WHEREAS, at a regular meeting held on August 6, 1997, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Ch. 7 of the Saratoga City Code, and WHEREAS, the City Council, having heard said report and all objections thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, BE IT RESOLVED, that the 1997 Weed Abatement Assessments report, City of Saratoga, prepared by the Fire Marshal of Santa Clara County, which report is attached hereto as Exhibit "A" and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit "A" is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: August 6, 1997 ORIGINATING DEPT.: City Clerk (7 SUBJECT: Confirmation of Report and Assessment of Weed Abatement Charges Recommended Motion: Adopt resolution. Report Summary: Under State and local laws, local governments routinely abate the seasonal fire hazards of weed growth on undeveloped property. For the County and several cities, including Saratoga, this weed abatement program is administered by the County Fire Marshal's Office. In many cases, property owners find it convenient to have government take care of weed removal and to pay through a property tax lien. This past year, the County performed weed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totalled $14,677.17. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. Fiscal Impacts: Follow Up actions: SARATOGA CITY COUNCIL CITY MGR. APPROVAL ;41y. None upon City if resolution is passed. City may be liable for work performed by contractor for any assessments not levied. None; this is the last City action in the weed abatement cycle. Consequences of Not Acting on the Recommended Motions: See Fiscal Impacts. Attachments: Resolution with list of assessments. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES WHEREAS, at a regular meeting held on August 6, 1997, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Ch. 7 of the Saratoga City Code, and WHEREAS, the City Council, having heard said report and all objections thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, BE IT RESOLVED, that the 1997 Weed Abatement Assessments report, City of Saratoga, prepared by the Fire Marshal of Santa Clara County, which report is attached hereto as Exhibit "A" and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit "A" is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of August, 1997, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk Mayor 12206 VISTA ARROYO CT TED AV COX AV COX AV COX AV 14153 TEN ACRES C1' 14195 CHESTER AV 18908 TEN ACRES RD 14510 SOBEY RD 14478 SOBEY RD 14812 GYPSY H1T.L RD LUTHERIA WY 14553 VIA DE MARCOS 14961 VIA DE MARCOS EDENCREST LN MT EDEN RD MT EDEN RD 22122 MT EDEN RD PIERCE RD 21272 CH1QU1TA WY 21097 COMER DR PARAMONT DR ELVA AV CANYON VIEW DR 07/25/97 7/25/97 S1TuS APE 5AR4TOGA- SUNNYVALE 366- 20-033 21441 TOLL GATE RD PIERCE RI) 14150 DORENE CT DORENE CT 14152 DORENE CT TBERUNK WY 12:33 $408 279 8537 SCC /ERA 1997 WEED ABATEMENT ASSESSMENTS BY THE COUNTY OF SANTA CLARA FOR THE CITY OF SARATOGA 366-48-011 386-53-027 393 17-004 393 -17 -005 393 17-006 397 -01 -054 397 -01 -057 397 -03-032 397 -03 -074 397 04-022 397-04 -112 397 24-022 397 -40-016 397-40 -020 503- 13-033 503- 13-039 503- 13-059 503- 13-115 503- 14-022 503 -15-060 503 17-067 503- 19-067 503 27-081 503 -28-008 503-28 -124 50330 -002 503-31 -054 503-31 -055 503-31-056 503 -31 -061 TAX ROLL. AMT 5250.10 5112.20 5336.60 5183.74 510.21 5390.02 $173.45 5370.00 5112.20 5210.41 $561.00 5336.60 5270.01 520546 90 5539.80 5289.74 5289.74 5498.63 5224.40 5244.27 5224.40 5366.13 $318.58 5392.70 5112.20 5647.72 5336.60 5341.29 $224.29 5145.72 $nn$ HEBER WY 50331 -065 14185 TEERLINK 503 -31 -076 13957 ALBAR CT 50331 -087 13947 ALBAR CT 503 -31 -088 ALBAR CT 503 -31 -090 21761 HEBER WY 503-31-100 SARAI-IILLS DR 503-53 -061 21185 TAYMEADOW DR 503 -55 -047 TOLL GATE RD 503-55-053 21175 BANK MILL RD 503 55-064 TOLL GATE RD 503-62 -017 21200 CHIQUITA WY 503 66-010 14760 MASSON CT 503 72 008 VINTAGE LN 503-72-012 503 -72 -014 21503 SARATOGA HEIGHTS 503-72 -025 LAND ONLY 503 -72-027 21775 CONGRESS HALL LN 503 -72 -034 21537 SARATOGA HEIGHTS 503 -72 -036 21770 CONGRESS HALL LN 503 75-008 21764 CONGRESS HALL LN 503 75-009 21756 CONGRESS HALL LN 503 75 010 21771 CONGRESS HALL LN 503 75 14930 VINTNER CT 503- 75-018 13575 DEER TRAIL CT 503- 78-014 DEER TL 503- 78-023 TAX ROLL AMT TOTAL 003 Page 1 IAX ROLL AMT 5261.71 5168.30 $233.65 5791.63 5112.20 $168.30 5133.06 5112.20 5369.40 581.15 5112.20 5151.80 5112.20 5578.36 5112.20 524.50 5112.20 560.99 5166.30 $466.91 $224.29 5217.32 5233.68 $350.57 575.28 521.44 514677.17 Grace E. Cory Deputy City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Ms. Cory: keg lv Arlene J. Noodlem F. RICHARD ARLENE J. NOODLEMAN 20420 Pierce Road Saratoga, California 95070 Re: A.P.N: 393 -01 -040 Please be advised that we specifically do not approve of any appeal to modify the design review and use permit approval for this project. Specifically, we are against splitting the development of the smaller parcel away from the development of the larger shopping center project. We agree with the Council that both projects should only proceed simultaneously. Also, we would like to suggest to the City Council that every effort be made to encourage this project to move forward without further delay, since the current shopping center is an eyesore. Sincerely, F. Richard Noodleman, M.D. M.D. July 28, 1998 Grace E. Cory Deputy City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Ms. Cory: F. RICHARD ARLENE J. NOODLEMAN 20420 Pierce Road Saratoga, California 95070 Re: A.P.N: 393 -01 -040 Please be advised that we specifically do not approve of any appeal to modify the design review and use permit approval for this project. Specifically, we are against splitting the development of the smaller parcel away from the development of the larger shopping center project. We agree with the Council that both projects should only proceed simultaneously. Also, we would like to suggest to the City Council that every effort be made to encourage this project to move forward without further delay, since the current shopping center is an eyesore. Sincerely, F. Richard Noodleman, M.D. Arlene J. Noodlem keg M.D. July 28, 1998 Grace E. Cory Deputy City Clerk. City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Dear Ms. Cory: Please be advised that we specifically do not approve of any appeal to modify the design review and use permit approval for this project. Specifically, we are against splitting the development of the smaller parcel away from the development of the larger shopping center project. We agree with the Council that both projects should only proceed simultaneously. Also, we would like to suggest to the City Council that every effort be made to encourage this project to move forward without further delay, since the current shopping center is an eyesore. Sincerely, keg Re: A.P.N: 393 -01 -040 F. Richard Noodleman, M.D. F. RICHARD ARLENE J. NOODLEMAN 20420 Pierce Road Saratoga, California 95070 Arlene J. Noodlem M.D. July 28, 1998 AUG -05 -98 WED 15:32 MEYERS,NAVE,RIBACK &SILV, FAX NO. 510 351 4481 RESOLUTION NO. 98- A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1998 -1999 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 18th day of March, 1998, said Council adopted its Resolution No. 98 -05, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1998 -1999" for the City of Saratoga Landscaping and Lighting Assessment District LLA 1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Acct and by said Resolution No. 98 -05; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 98 -0.5, including (1) plans and specification of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of thc District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to thc requirements of said Act, appointed Wednesday, the 5th day of August, 1998, at the hour of 8:00 p.m. of said day in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1998 -1999, and directing said Clerk to give notice of said hearing as. required by said Act; i P. 02/05 HUU US yd WED 15:33 MEYERS, NAVE, RIBACK &SILV FAX NO. 510 351 4481 P 03/05 WIIEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, and that the notice and ballot required by Article XIIID, Section 4(c) and (d) of the California Constitution, were mailed to all property owners of rccord subject to the assessment at least 45 days prior to the date of the public hearing on the proposed assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Oerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to or in favor of, said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, submitted ballots with the Clerk of said City at or before the conclusion of said hearing, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and WHEREAS, at the conclusion of the public hearing the City Clerk did tabulate all returned ballots; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. Thai the tabulation of ballots returned to the City Clerk indicates that with the exception of Zones protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any "/.ones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1998 -1999, do not represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article XIIID, Section 4(c). The tabulation of ballots returned to the City Clerk indicates that the protests against the proposed increase in assessments for Zones do represent a majority protest. pursuant. to Streets and Highways Section 22630.5 or Article XIIID, Section 4(e) and the proposed assessments and improvements for Zones as set forth in the Engineer's Report are modified accordingly. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the 2 AUG -05 -98 WED 15 :33 MEYERS, NAVE, RIBACK &SILV. FAX NO. 510 351 4481 P.04/05 maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting Assessment District LLA -1 and the boundaries thereof benefitted and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and any zone thereof and the general location of said District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they hereby are, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it hereby is, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 98 -05, and also the boundaries of any zones therein and the lines and dimensions of each lot. or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. 8. That the assessment of the total amount of the costs and expenses of said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same hereby is, finally approved and confirmed. 3 Nu4 wr.0 15;63 fItYtNb,NHVL,K1bAUM1LV. h1X NU. blU db1 44tf1 r. uDiub 9. That said Engineers Report for Fiscal Year 1998 -1999 be, and the same hereby is, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a pit thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and the date thereof. 11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hcrcinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order heretofore duly adoptcd or made by this Council. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of August, 1998, by the following vole: ATTEST: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK August 5, 1998 1: \W PD\M NRS W\273\RES98\98.LLA 4 MAYOR AUG -05 -98 WED 15 :32 MEYERS, NAVE, RIBACK &SILV. FAX NO. 510 351 4481 RESOLUTION NO. 98- A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1998 -1999 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 18th day of March, 1998, said Council adopted its Resolution No. 98 -05, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1998 1999" for the City of Saratoga Landscaping and Lighting Assessment District LLA 1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Acct and by said Resolution No. 98 -05; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all thc matters and things called for by the provisions of said Act and said Resolution No. 98 -0 including (1) plans and specification of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to thc requirements of said Act, appointed Wednesday, the 5th day of August, 1998, at the hour of 8:00 p.m. of said day in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1998 -1999, and directing said Clerk to give notice of said hearing as. required by said Act; 1 P. 02/05 HUI. Wt:U 15;.3.3 CIEYEKS, NAVt, K 1 SACK &S 1 LV. FAX NU. 51 U 551 44th WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, and that the notice and ballot required by Article XIIID, Section 4(c) and (d) of the California Constitution, were mailed to all property owners of rccord subject to the assessrn ent at least 45 days prior to the date of the public hearing on the proposed assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to or in favor of, said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, submitted ballots with the Clerk of said City at or before the conclusion of said hearing, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and WHEREAS, at the condusion of the public hearing the City Clerk did tabulate all returned ballots; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the tabulation of ballots returned to the City Clerk indicates that with the exception of Zones protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones tlterein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1998 -1999, do not represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article XIIID, Section 4(c). The tabulation of ballots returned to the City Clerk indicates that the protests against the proposed increase in assessments for Zones do represent a majority protest pursuant. to Streets and Highways Section 22630.5 or Article XIIID, Section 4(e) and the proposed assessments and improvements for Zones as set forth in the Engineer's Report are modified accordingly. 2 r. uiiuD 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the AUG -05 -98 WED 15:33 MEYERS, NAVE, R I BACK&S I LV. FAX NO. 510 351 4481 P.04/05 maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting Assessment District LLA -I and the boundaries thereof benefitted and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and any zone thereof and the general location of said District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they hereby are, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it hereby is, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 98 -05, and also the boundaries of any zones therein and the lines and dimensions of each lot. or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. 8. That the assessment of the total amount of the costs and expenses of said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same hereby is, finally approved and confirmed. 3 Hull U8 J8 WED 18:33 MEYERS, NAVE, R1BACK &SILV. FAX NO, 510 351 4481 9. That said Engineer's Report for Fiscal Year 1998 -1999 be, and the same hereby is, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and the date thereof. 11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hcrcinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order heretofore duly adopted or made by this Council. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of August, 1998, by the following vote: A TfES'1': AYES: NOES: ABSENT: ABSTAIN: CITY CLERK August S, 1998 1: \W I'D\M NRS W\273\RES98\9S. LLA 4 MAYOR F. US /Ub AUG -05 -98 WED 15 32 MEYERS, NAVE, RIBACK &S1LV. FAX NO. 510 351 4481 P. 02/05 RESOLUTION NO. 98- A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1998 -1999 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DTSTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1 62 6r) WHEREAS, on the 18th day of March, 1998, said Council adopted its Resolution No. 98 -05, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1998 1999" for the City of Saratoga Landscaping and Lighting Assessment District LLA 1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Acct and by said Resolution No. 98 -05; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution Nn. 98 -0.5, including (1) plans and specification of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 5th day of August, 1998, at the hour of 8:00 p.m. of said day in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1998 -1999, and directing said Clerk to give notice of said hearing as. required by said Act; huu -u� wtU 15; J3 rit YtNS, NAVh, K 1 SACK &S I LV FAX NU. b l U .3b1 44131 r. usi ub WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and C :ertificates on file with said Clerk, and that the notice and ballot required by Article XIIID, Section 4(c) and (d) of the California Constitution, were mailed to all property owners of rccord subject to the assessment at least 45 days prior to the date of the public hearing on the proposed assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to or in favor of, said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, submitted ballots with the Clerk of said City at or before the conclusion of said hearing, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and WHEREAS, at the condusion of the public hearing the City Clerk did tabulate all returned ballots; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the tabulation of ballots returned to the City Clerk indicates that with the exception of Zones 2 3a protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any pones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1998 -1999, do not represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article 3C1110, Section 4(c). The tabulation of ballots returned to the City Clerk indicates that the protests against the proposed increase in assessments for Zonc27 do represent a majority protest pursuant. to Streets and Highways Section 22630.5 or Article X1110, Section 4(e) and the proposed assessments and improvements for Zones2l4- as set forth in the Engineer's Report arc modified accordingly. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the 2 AUG -05 -98 WED 15 33 MEYERS, NAVE, RIBACK &SILV. FAX NO. 510 351 4481 P.04/05 maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting Assessment District LLA -1 and the boundaries thereof benefitted and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indic.ates by a boundary line the extent of the territory included in said District and any zone thereof and the general location of said District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they hereby are, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it hereby is, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be madc as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 98 -05, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of and within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. 8. That the assessment of the total amount of the costs and expenses of said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same hereby is, finally approved and confirmed. 3 1W ae wtu i5:66 n YERS,NAVE,R1BACK &S1LV FAX NO. 510 351 4461 t' 05 /U5. 9. That said Engineers Report for Fiscal Year 1998 1999 be, and the same hereby is, finally adopted and approved as a whole. 10. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and the date thereof. 11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hcrcinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order heretofore duly adoptcd or made by this Council. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of August, 1998, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK August S, 1998 \W PD\M NRS W\273\RES98 \9S.LLA 4 MAYOR CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 27 28 28 (second mailing) 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 29 60 29 7 5 30 1 0 1 0 27 28 28 (second mailing) CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 29 60 29 7 5 30 1 0 1 0 27 28 28 (second mailing) CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 29 60 29 7 5 30 1 0 1 0 27 28 28 (second mailing) CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 29 60 29 7 5 30 1 0 1 0 27 28 28 (second mailing) CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 29 60 29 7 5 30 1 0 1 0 27 28 28 (second mailing) 29 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 60 29 7 5 30 1 0 1 0 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 27 28 28 (second mailing) 31 6 7 2 16 3 4 0 16 7 +1 =8 1 +2 =3 0 29 60 29 7 5 30 1 0 1 0 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE kS OR UNSIGNED 27 31 6 7 1 2 28 16 3 4 Q`�' 0 28 (second 16 7 +1 =8 1 +2 =3 0 mailing) 29 60 29 7 5 30 1 0 1 0 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING A MEMBER OF THE HAKONE FOUNDATION BOARD WHEREAS, the Saratoga City Council, at the request of the President of the Hakone Foundation Board of Trustees, wishes to fill vacancies on that Board. NOW, THEREFORE, BE IT RESOLVED, THAT THE following appointment to the Hakone Foundation Board is made for a term of four years: Donald H. Korn The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 5th day of August, 1998, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Hakone Foundation Attn: Betsy Cory, Deputy City Clerk In action taken by the Hakone Foundation Board at the July 27 meeting the name of DONALD H. BORN is submitted as a candidate for a four -year term on the Board. Information regarding this candidate is being sent you by Marge Bunyard. Cathy Foscato Secretary July 28, 1998 Post Office Box 2324, Sar Califomia 95070 -0324 408/741 -4994 SENT BY DONALD FL KORN CFA PRIt4C Al. Enclosures Mr. Ronald Duman Trustee 21241 Canyon View Drive Saratoga, CA 95070 Re: Hakone Foundation Dear Ron: 7 -28 -98 7 :43 TANDEM COMPUTER 408 868 1280;# 2/ 3 DHK ASSOCIATES MANAGEMENT CONSULTING 333 N. SAN ANTONIO ROAD LOS ALTOS. CA 94022 July 10, 1998 It was a pleasure to have the opportunity to talk with you. I appreciated the chance to Team more about the Hakone Foundation, and to express my interest in the possibility of serving as one of the Trustees. Many thanks, also, for sending me the additional information via fax. I am very impressed with the Foundation's work. Moreover, I was deeply moved by Jack Tomlinson's essay on "The Story of Hakone Japanese Gardens," and the spirituality, sense of beauty, and veneration of tradition that it conveys. I liked getting Japanese perspective on the utility of bamboo and the way of tea, as Tomlinson so gracefully expressed it. Pursuant to our conversations, I am enclosing a one -page synopsis of my background and experience, including memberships in non -profit organizations. For brevity, I omitted details of some background I have in negotiations (in merger and acquisition work, in arbitration, and otherwise). In our telephone conversation. I mentioned only briefly some contacts, e.g., those I have made at Stanford and the Hoover Institution as a result of my consulting work. Please let me know if you want more information on any aspect. I believe that my executive and consulting experience and contacts gathering and analyzing facts, negotiating for project funding, organizing and managing a qualified team, drawing and presenting conclusions and recommendations to an influential audience, and negotiating agreeable implementation terms and conditions, both in business situations plus as a member of several non profit organizations -have provided me with the ability and temperament to be highly useful and effective as a Trustee of Hakone Foundation. Donald and Nancy Lesser are friends. Should you wish additional names of persons who know me well, personally and/or professionally, I shall be happy to provide them to you. Thank you for your attention and consideration. Sincerely, Donald H. Korn, CFA 650- 941 -0355 SOT BY 7 -28 -98 7:43 TANDEM COMrU I CK IVO uvM) saver w, Donald H. Korn is Principal of the management consulting firm, DHK ASSOCIATES. His practice focuses on issues in contemporary investment management, valuation, and technology commercialization. A Chartered Financial Analyst, he has more than 30 years of experience in conducting techno economic studies, investment research, and complex valuations on behalf of institutional, corporate, and government clients, domestic and international (the latter including several Japanese fines). He has prepared expert testimony, including legislative testimony, and testified as an expert financial witness. Prior to forming DHK ASSOCIATES in 1986, he was a senior vice president of a subsidiary of John Hancock in Boston, involved in pension fund investment management. Earlier, he was a senior management consultant with Arthur D. Little, Inc. (ADL), in Cambridge, MA, typically working with the Board and/or CEO or CFO of client organizations. Before joining ADL, he was an investment analyst in Boston, where he began his business career under the tutelage of Paul Cabot (the legendary treasurer of Harvard College) and other partners at State Street Research Management, then engaged in the management of several mutual funds and the Harvard University endowment funds. Born in New Orleans, he attended Tulane University, and received B.S. and M.S. degrees in chemical engineering. He did further graduate work at Massachusetts Institute of Technology, where he was an Atomic Energy Commission Fellow, and received an M.S. degree in nuclear engineering. While at MIT, he completed coursework in Industrial Management at the Sloan School, and in Labor Relations at Harvard Business School (HBS). After graduation, he remained in the Boston area to join the staff of State Street Research. He became a member of the Boston Security Analysts Society (constituent of the Financial Analysts Federation, FAF), and subsequently undertook the series of Institute of Chartered Financial Analysts (ICFA) examinations required to receive the CFA professional designation. During this period he completed his military obligations as a Reserve Officer attached to an R&D Unit in the area. Later, he attended the resident Investment Management Workshop sponsored by FAF at HBS. He and his wife, Lyndalee, have three children, all of whom were raised in Wellesley, Massachusetts. (While residing in Wellesley, he served for a period as unpaid Treasurer of a small, specialized private non profit school in the area, and assisted in its fund- raising efforts.) The Korns moved to Los Altos, California in 1990 (as the grown children were relocating elsewhere). While continuing his consulting practice, Korn also served during 1994-95 as part -time CFO for a small Silicon Valley start-up. Mr. Korn has been a guest lecturer at the Sloan School at M.I.T. and the Wharton School at the University of Pennsylvania. He is coauthor of several books including Acquisition and Ceporate Devglopment (Heath, 1981) and The Bank Director's Handbook (Auburn House, 1986); and co- contributor to Readings on Strategic Management (A. Hax, Ed., Ballinger, 1984). His professional articles have appeared in Financial Analysts Journal, Pensions Investment Age, Public Utilities Fortnightly, and Sloan Management Review. He serves as a Public Arbitrator for NASD Regulation, Inc.; and is a member and former Director of The Boston Security Analysts Society, Inc., member of the Financial Accounting Policy Committee of the Association for Investment Management and Research (AIMR, the successor organization comprising the FAF and ICFA), MIT Club of Northern California, The Princeton Club of New York, The Security Analysts of San Francisco, and Tau Beta Pi national engineering honor society. Prepared for Hakone Foundation 7/98 04 sAR9r 4 Printed on recycled paper. TO: FROM: DATE: v UMW ©2 0 'ECOg3 c: Christina Gulrich 12308 Walden Court Saratoga, CA 95070. MEMORANDUM Mayor and Members of the City Council James Walg July 31, 1998 SUBJECT: Response to Gulrich Letter 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200 ommunity Development Director The City Manager has forwarded the attached letter to me for response. The signage described in the letter at Prospect High School is not permitted by Saratoga Ordinance. Signage related to classroom activities at the school are not subject to local jurisdiction regulations, but these described signs do not appear to be related to school activities. COUNCIL MEMBERS: Stan Bogosian Paul E. Jacobs Gillian Moran Jim Shaw Donald L. Wolfe I have directed the City's Community Service Officer to contact the School and/or the sign solicitors to have these signs removed. If this approach is not effective, the solicitors will be cited and the signs will be removed by the City. The Saratoga City Council 13777 Fruitvale Saratoga, CA 95070 Dear City Council: Please either place a "No Soliciting" sign on the comer wire fence of Prospect High School at Lawrence Expressway or create an Ordinance for the prohibition of the proliferation of "Bulletin Board" advertising signs on the said wire fence. And, in addition, please request the City of San Jose to take the same action with their wire fence which is located on the opposite comer of Lawrence Expressway and Prospect. Prospect High School is closed for the Summer or so I thought, but the YMCA and the Church of Ascension both have their huge advertising signs on the school wire fence at the comer of Lawrence Expressway and Prospect. The Church of Ascension advert was there all last month advertising and soliciting for spaces for their June Flea Market. However, they now have a huge sign posted advertising their IR& Flea Market. The corners on the Saratoga and San Jose side of Lawrence Expressway at Prospect should be prohibited from all advertising permanently. I travel Prospect Road morning and evening each day, and I find it extremely offensive that I am bombarded daily with "bulletin board" advertising signs that should have been prohibited by the Saratoga City Council years ago. (However, since school is out, it has diminished somewhat) And, I have written the City Council numerous times requesting that something be done by the City Council about the proliferation of these trashy "Bulletin Board" advertising signs being placed on either comer of Saratoga and San Jose at Lawrence Expressway at Prospect. But to date the Council has done nothing to stop the problem; consequently, I have to assume that the Council has turned a blind eye to the problem. Furthermore, I have observed that the Saratoga High School campus on Highway 9 has had no such trashy "Bulletin Board" advertising signs of any kind on their Campus. Therefore, I believe it is only fair that the rules which govern Saratoga High School and other areas of Saratoga should also prevail at this end of the City. Advertising should be done in the local newspapers and not on the City's entrances into our community. Therefore, I request that the Saratoga City Council take action and either create an Ordinance prohibiting "Bulletin Board" advertising signs at the Lawrence Expressway and Prospect comers or place a "No Solicitation" sign on the Prospect High School fence. And in addition, I recommend that you request the City of San Jose to take the same action with their wire fence which is located on the opposite corner of Lawrence and Prospect. I request that a reply to this letter be forthcoming from the City Council and not the City Manager. Your sincerely. Christina Gulrich 12308 Walden Court Saratoga, CA 95070 June 30, 1998 JUL -31 -98 FRI 10:12 EYERS, NAVE, R I BACK &S I LV, FAX NO. 510 351 4481 P. 02/08 5 RESOLUTION NO. 98 RESOLUTION OF TIME CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION RELATING TO DESIGN REVIEW APPROVAL DR -97 -060, NEOGY; 22665 GARROD ROAD WHEREAS, Neogy, the applicant had made an application for design review approval to construct a new 6489 square foot two -story residence with a maximum height of 26 feet on a 4.48 acre parcel; and WHEREAS, on May 27, 1998, the Planning Commission of the City of Saratoga held a duly noticed public hearing on said application at which all interested parties were given a full opportunity to be heard and to present evidence and following the conclusion thereof, the Planning Commission voted to deny the application; and WHEREAS, the denial by the Planning Commission has been appealed to the City Council by the applicant; and WHEREAS, on July 15, 1998, the City Council conducted a de novo public hearing on the appeal, which included a review of the entire design review permit application, at which time any person interested in the matter was given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Planning Commission relative to the application, and all written and oral evidence presented to the City Council in support of and in opposition to the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: Section 1. By split vote of the City Council (Councilmember Moran voting in opposition) the appeal from the Planning Commission is hereby granted, to wit: the applicant has met the burden of proof required to support the application and the following findings have been determined: -The height, elevations and placement on the site of the proposed residence, when considered with reference to: (i) the natute and location of residential structures on adjacent lots and within the neighborhoods; and (ii) community view 1 JUL -31 -98 FRl 10:12 f1EYERS,NAVE,RI8ACK &SILV FAX NO 510 351 4481 sheds will avoid unreasonable interference with views and privacy impacts on adjacent properties. The design also minimizes intensely habited rooms on the western portion of the structure, minimizing privacy impacts. -The natural landscape will be preserved insofar as practicable by designing structures to fallow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be keeping with the general appearance of neighboring developed areas and undeveloped areas. Beyond pool excavation, no further grading will be permitted. -The proposed residence in relation to structures on adjacent lots, and to the surrounding region, will minimi e the perception of excessive bulk and will be integrated into the natural environment, in that the structure's design incorporates elements which minimize the perception of bulk and integrate the residence into thc surrounding environment by facade articulation, relatively dark exterior materials and colors, and by its very large front yard setback. -The proposed residence will be compatible in terms of bulk and height with (i) existing residential structures on adjacent lots and those within the immediate neighborhood and within thc same zoning district; and (ii) the natural environment; and shall not (i) unreasonably impair the light and air of adjacent properties nor (ii) unreasonably impair thc ability of adjacent properties to utilize solar energy, in that the height of the residence is compatible with surrounding residences in the neighborhood. -The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. -The proposed residence will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15- 45.055. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of N'eogy for Design Review approval be and the same is hereby granted subject to the following conditions: 1. The development shall be located and constructed as shown on Exhibit "B incorporated by reference. In particular, the applicant shall use medium to dark earthtones and materials, all of which shall be non- reflection. 2. Prior to the arrival of any construction equipment, the applicant shall install tree protective fencing as required by the City Arborist, meaning five (5) ft. chain link tree protective fencing )mounted on two -inch galvanized pipe, driven two feet into the ground) shown at the dripline of each tree as 2 F, U3 /U8 JUL -31 -98 FR 1 1012 MEYERS, NAVE, R I BACK &S 1 LV, FAX NO. 510 351 4481 P. 04/08 recommended by the Arborist for trees 2, and 5 13. The fences are to remain in place for the duration of the project. They may be relocated only for the hand exavation of excess fill as required by the City Arborist. 3. Prior to submittal for Building or Grading Pen the following shall be submitted to Planning Division staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page. b. The Project Engineering Geologist shall clearly identify the controlling fault and fault type and provide seismic design parameters for use by the Project Structural Engineer (as required by the 1997 Uniform Building Code). c. The project consultants shall consider providing options for slope stabilization or fill slope mitigation to ensure the long -term stability of the residential structures and driveway. d. The Project Geotechnical Engineer shall provide recommendations for minimum steel reinforcement for residential foundations and retaining walls. Typical pier design criteria for other projects in the area require a minimum of 4 No. 5 bars vertical with No. 3 ties (or spiral) and a minimum I6 -inch diameter pier. The owner (applicants) shall pay any outstanding fees associatcd with the City Geotechnical Consultant's review of the Project. The owner (applicants) shall enter into an agreement holding the City of Saratoga harmless from any claim of slope instability, slides, slope failure, or other soil- related and/or erosion related conditions. e. f. 4. Prior to issuance of a Zoning Clearance, the applicant shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project. No new fence or wall shall exceed six feet in height and no fence or wall located within arty required front yard shall exceed three feet in height. 6. Fences and walls shall comply with the HR district fencing requirements contained in Article 15- 29.020 of the City Code. 7. No ordinance protected tree shall he removed without first obtaining a Tree Removal Pennit, with the exception of gees 1 and 3, for which the City 3 JUL -31 -98 FRI 10:13 MEYERS, NAVE, RIBACK &S1LV. FAX NO, 510 351 4481 P. 05/08 Arborist has determined a replacement value of $2,643; replacement trees equaling this value must be planted on site prior to Final Occupancy approval. 8. All requirements of the City Arborist's report, dated December 17, 1997, shall be met. This includes, but is not limited to: a. Prior to issuance of a Zoning Clearance, the site plans shall be revised to indicate the following: The arborist report shall be attached, as a separate plan page, to the plan set and all applicable measures noted on the site and grading plan. Trees 1 and 3 shall be removed. The root collars of trees 2, 4 -8, and 13 shall be excavated by hand by a professional experienced with this procedure, such as an ISA certified arborist or qualified landscape contractor. The finished root collar clearing must leave all 5 -6 buttress roots visible to 12" away from the trunk. To prevent soil slippage after these excavations, app1ic.ants must install dry layed cobble stones without a footing on the new Cut, slope up hill from those tree trunks in which an 18 inch or greater depth of soil must be retained. Any grading (including scraping and leveling) to be done within 12 linear feet of tree 2 shall be done with hand tools and a wheelbarrow. Any portion of the new driveway within 12 feet of this tree shall be constructed of pervious materials. Base rock containing granite fines is not sufficiently pervious and must be used as a base material. Special conditions are imposed on tree 4: If more than one -third of this tree's canopy is removed to make room for the new construction, the full value of the tree shall be forfeited and tree replacement requirements shall be increased to include on 36 -inch box and one 48 -inch box native tree). To compensate for the removal of trees 1 and 3, applicants shall be required to plant an additional two 36 inch box native replacement trees elsewhere on the site. All retained trees shall be protected by fencing as described in condition 2 of Section 1 of this Resolution. Fencing shall be 4 JUL -31 -98 FRI 10:13 MEYERS,NAVE,RIBAOK &SILV. FAX NO. 510 351 4481 P.06/08 inspected by planning staff prior to the issuance of any building permits and shall remain in place until construction is completed. A silt fence shall be installed at the top of the slope to prevent any excavated soil from moving down slope. This silt fence shall be inspected by planning staff prior to the issuance of any building permits and shall remain in place until construction is completed. The discharge from the drainage system must be directed away from the trunk of any tree down slope or be discharged a minimum of 100 feet from the trunk of any tree located downslope. Prior to issuance of a Zoning Clearance the applicant shall submit to the City, in a form acceptable to the Community Development Director, security in the amount of $22,499 pursuant to the report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. 9. The following shall be completed prior to issuance of Building or Grading Permits: Prior to the issuance of a grading permit, more specific geotechnical design criteria shall be provided for the proposed swimming pool once the foundation type is selected, including recommended active pressures for pool ways, drainage recommendations, and relief valves. Prior to issuance of a grading permit, the Project Geotechnical Engineer shall review and approve all geotechnical design aspects of the details site development plans (i.c., site preparation and grading and design parameters for the proposed construction) to ensure that geotechnical recouunendatioris have been properly incorporated. The results of these inspections and the as built conditions of the project shall be described by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review. 10. The following shall be completed prior to Final Occupancy approval: Assuming the removal of trees 1 and 3 and substantial damage to tree 4, native replacement trees equal to $8,012 (equivalent to one 48 -inch box and three 36 -inch box native replacement trees) shall be planted on site. Planning staff shall inspect these trees 5 JUL i1 313 1 {l 1U :13 MEYERS,NAVE,RIBACK &SILV. FAX NO. 510 351 4481 N.0l /08 prior to approval. Should more than one -third of the canopy of tree 4 be removed, additional native replacement trees equal to $5,648 (equivalent to one 36 -inch box and one 48 -inch box native replacement trees) shall he planted on site. The City Arborist shall inspect the site to verify compliance with tree protective measures. Upon a favorable site inspection, and approval by the Community Development Director the bond shall be released. Planning staff shall inspect the site to verify that the plantings prescribed in the submitted landscape plan have been satisfactorily installed. 11. Roof covering shall be fire retardant, Uniform Building Code Class "A" prepared or built -up roof. 12. Early Warning Fire Alarm System shall be installed and maintained in accordance with the provisions of Article 16 -60 City of Saratoga. 13. Early Warning Fire Alarm System shall have documentation relative to the proposed installation and shall be submitted to the Fire District for approval. 14. Automatic sprinklers shall be installed in newly constructed attached garages (3 heads per stall). The applicant is to contact the San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. 15. Automatic sprinklers are required for the new residential dwelling. A 4 -head calculated sprinlder is required. Documentation of the proposed installation and all calculations shall be submitted to the Fire District for approval. The sprinkler system must be installed by a licensed contractor. 16. All driveways shall have a minimum 14 foot wide width plus 1 foot shoulders. Driveway shall have a minimum inside radius of 21 feet. 17. 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. 18. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any .proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 6 JUL -31 -98 FRI 10:14 IlEYERS,NAVE,RIBACK &SILV. FAX NO. 510 351 4481 P.08/08 19. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section -2. Construction must. he commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of 1998 by the following vote: AYES: NOES ABSENT: ATTEST: City Clerk MSR:tmc:apn July 19. 1998 1: \W PD\MN IBS W\2 73\R.ES98\NEOGY,98 7 Mayor DATE: Wednesday, July 22, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Page and Patrick Absent: Commissioner Murakami Staff: Director Walgren, Planning staff Crowley Pledge of Allegiance Minutes July 8, 1998 APPROVED WITH CHANGES 5 -0 (PAGE ABSTAINED). Oral Communications None. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 1998. Technical Corrections to Packet CONSENT CALENDAR PUBLIC HEARINGS CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES s.a 6) 1. DR -97 -050 SD -95 -008.1 (503 -49 -044) PINN BROTHERS, Trinity Place Subdivision, Lot 8 (formerly 20875 Saratoga Hills Road); Request for Design Review approval to construct a new 4,450 sq. ft. one -story single family residence on Lot 8 of the Trinity Place subdivision pursuant to Chapter 15 of the City Code. Modification of the approved subdivision map is also requested to allow the proposed residence to access off Trinity Avenue instead of Saratoga Hills Road. The lot is 40,128 sq. ft. in size and is located within an R -1- 40,000 zoning district. SD -95 -008.1 APPROVED 6 -0; DR -97 -050 APPROVED 5 -1 WITH CONDITIONS (PIERCE OPPOSED);? 2. DR -97 -051 SD -95 -008.2 (503 -49 -043) PINN BROTHERS, Trinity Place Subdivision, Lot 9 (formerly 13995 Trinity Avenue); Request for Design Review approval to construct a new 4,740 sq. ft. two -story single family residence on Lot 9 of the Trinity Place subdivision pursuant to Chapter 15 of the Planning Commission Action Minutes Page 2 July 22, 1998 City Code. Modification of the approved subdivision map is also requested to allow the proposed residence to access off Saratoga Hills Road instead of Trinity Avenue. The lot is 59,042 sq. ft. in size and is located within an R -1- 40,000 zoning district. SD -95 -008.2 APPROVED 6 -0; DR -97 -051 APPROVED 4 -2 WITH CONDITIONS (BERNALD, KAPLAN OPPOSED). 3. DR -98 -032 (503 -21 -009 012) NAVID, 15041 15072 Saratoga Sunnyvale Road; Request for Design Review approval to construct 15 single family residences, ranging in size from 3,870 sq. ft. to 4,345 sq. ft., pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the City Planning Commission in August 1996. The lots range in size from 15,113 sq. ft. to 20,775 sq. ft. and are located within an R- 1- 12,500 zoning district. APPROVED 6 -0 WITH CONDITIONS. DIRECTOR ITEMS Walgren reviewed results of the appeals of the Jayakumar and Neogy projects heard at the 7/15/98 City Council meeting. The joint meeting with Planning Commission and the City Council to be held 9/8/98 was discussed. Walgren raised the matter of action minutes versus verbatim minutes of the Commission meetings. COMMISSION ITEMS Martlage had attended a meeting of the Bicycle Advisory Committee and reported that a letter would be forthcoming from Parks Recreation stating they want to work with the Planning Commission regarding bicycle and equestrian trails. COMMUNICATIONS Written City Council Minutes dated July 1 and July 7, 1998 ADJOURNMENT AT 9:15 P.M. TO NEXT MEETING Wednesday, August 12, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADDING ARTICLE 4 -80 TO CHAPTER 4 OF THE SARATOGA MUNICIPAL CODE RELATING TO VALET PARKING The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. The City Council of the City of Saratoga hereby adds Article 4 -80 to Chapter 4 of the Saratoga Municipal Code to read as follows: Sections: 4- 80.010 4- 80.020 4- 80.030 4- 80.040 4- 80.050 4- 80.060 4- 80.070 4- 80.080 4- 80.090 4- 80.100 4- 80.110 4- 80.120 4- 80.130 4- 80.140 4- 80.150 ORDINANCE NO. 71- Article 4 -80 Valet Parking Service 6 Definition of Valet Parking Service Definition of Valet Parking Loading Zone Definition of City Manager Operation Allowed Only in Valet Parking Loading Zone Permit Required Application for Permit; Fee Receipt and Determination by City Manager Liability Insurance Qualifications of Parking Valets; Permits Transferability of Permit Authority of City to Designate Street Parking Locations and Times Suspension or Revocation of Permit Appeals to City Council Violation of Article; Penalties Annual Review 1 4- 80.010 Definition of "Valet Parking Service." As used in this Article, the term "valet parking service" means the business of using the city streets for the purposes of loading and unloading passengers to and from vehicles and for the parking of those vehicles. 4- 80.020 Definition of "Valet Parki g Loading Zone." As used in this Article, the term "valet parking loading zone" means a public place along side the curb of the street or elsewhere, designated by the City as a valet parking/loading zone and reserved exclusively for the use of valet parking service and persons using such service. 4- 80.030 Definition of "City Manager." As used in this Article, the term "City Manager' means the City Manager or his designee. 4- 80.040 Operation Allowed Only in Valet Parking Loading Zone. A valet parking service shall only be operated in connection with a designated valet parking loading zone. 4- 80.050 Permit Required. (a) No person shall engage in the business of operating a valet parking service in the City without first obtaining a permit pursuant to this Article. (b) Any person desiring to operate a valet parking service for which a permit is required under the provisions of this Article shall also apply for and obtain a business license pursuant to Article 4 -05 of this Chapter and pay the license fee specified in Section 4- 05.100. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Article. 4- 80.0650 Application for Permit: Fee. (a) Any person desiring to obtain a permit shall make application therefor to the City Manager, which application shall contain the following information: 2 (1) The name, age, business address and residence of the applicant if a natural person; if a corporation, its name, date and place of incorporation, address of its principal office, and the names of its principal officers together with their respective addresses; if a partnership, association or other unincorporated entity, the names of the partners or persons comprising the association or company, with the place of business and residence of each. (2) The experience of the applicant in the provision of valet parking service and whether or not any such similar permit, or license held by the applicant or any of the principals of the applicant has ever been revoked, and if so, the circumstances of such revocation. (3) The uniform or insignia to be used to designate the employees of the applicant. (4) The street number and location of the place or places desired by the applicant as valet parking loading zones. (5) Whether the applicant or any of its principal officers or any of its employees have ever been convicted of a felony, or the violation of any narcotic or other penal law involving moral turpitude. (6) Such further information as the City Manager may require. (b) The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. 4- 80.070 Receipt and Determination by City Manager. (a) Upon receipt of the completed application and other documents and the fee as required in Section 4- 80.060, the City Manager shall conduct such investigation as he deems appropriate to determine whether a permit should be issued. (b) In making his determinations, the City Manager shall take into consideration the number of valet parking services already in operation, the number of valet parking loading zones already designated, and whether existing services and zones are adequate to meet the public need, the probable,effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. 3 4- 80.080 Liability Insurance. (a) No permit shall be issued or continued in operation, and no person shall operate any valet parking service in the City unless and until there is in full force and effect a motor vehicle liability insurance policy or policies insuring such owner and covering each employee thereof, and unless and until such owner shall file with the City Clerk a written certificate or certificates of insurance showing that such policy or policies are in full force and effect and that an endorsement has been issued to each such policy or policies therein cited that the same shall not be canceled and no reduction in the amount of coverage shall be made except upon thirty days' prior written notice to the City. Such policies shall insure the owner and any other person loadingiunloading and/or driving or parking a vehicle in the course of operating the valet parking service, against loss from the liability imposed on any of them by law for injury to, or death of, any person or damage to property, arising from or growing out of the operation of such service, with coverage limits of not less than one million dollars ($1,000,000.00) in public liability coverage for death or injury in any one occurrence, and property damage coverage of not less than one hundred thousand dollars ($100,000.00) in such amount as approved by the City Manager. (b) In addition to the insurance required under Paragraph (a) of this Section, the owner shall also furnish to the City, at his own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City for consultants or contractors. Such policy or policies shall be maintained in full force and effect in accordance with said insurance standards during the entire term of the permit. 4- 80.090 Qualifications of Parking Valets: Permits. (a) It shall be unlawful for any person to act as a valet for a valet parking service in the City unless he fulfills the following requirements: (1) Holds a current, active (not suspended or revoked) motor vehicle operator's license from the State; (2) Is at least eighteen years of age. (b) It shall be the obligation of the owner or permit holder to engage only such parking valets as fulfilling the above requirements. 4 4- 80.100 Transferability of Permits. No permit, issued pursuant to this Article, shall be sold, assigned or otherwise transferred, and any attempted sale, assignment or transfer shall invalidate the permit. 4- 80.110 Authority of City to Designate Street Parking Locations and Times. (a) The City reserves the right to determine and designate appropriate street locations and times for the operation valet parking services. (b) Once the City has determined and designated appropriate street locations and times for the operating of valet parking services, the service shall be limited to parking or loading vehicles only at those street locations and time. (c) The City may add, modify or eliminate street locations and times authorized for the operating of valet parking services, at any time, for any reason. 4- 80.120 Suspension or Revocation of Permit. (a) Any valet parking service permit issued under this Article may be suspended or revoked by the City Manager for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee to comply with the provisions of this Article, or any other provision of this Code, or any condition of such permit. City Manager or his designee be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to City Council. (b) The holder of a valet parking service permit shall be given prompt notice of the intention to suspend or revoke his permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the City Manager or his designee and be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council. 5 4- 80.130 Appeals to City Council. Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the applicant or permittee in accordance with the procedure set forth in Section 2- 05.030 of this Code. 4- 80.140 Violation of Article: Penalties. The violation of any provision contained in this Article, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4- 80.120 for revocation or suspension of the permit or any proceedings under Article 4 -05 of this Chapter to revoke a business license by reason of the same violation. 4- 80.150 Annual Review. Commencing in June 1999, and in June of every year thereafter, the provisions of this Article shall be reviewed and a separate report made to the City Council by the City Manager at a public hearing, setting forth an analysis of the effectiveness of the valet parking service operations, including whether the public convenience and necessity require the continuation of the valet parking service operations and/or whether the provisions of this Article should be modified or repealed. 6 SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day of 1998, by the following vote. AYES: NAES: ABSENT: ATTEST: City Clerk July 2, 1998 MSR:apn J: \WPD\MNRS W\273 \ORD.98 \yALETPAR.98 Mayor RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE SCHEDULE OF FEES AS ADOPTED IN RESOLUTION 98 -21 WHEREAS, on July 1, 1998, the City Council adopted Resolution No. 98 -21 establishing a schedule of fees for various applications, permits, extensions, renewals, services and other matters enumerated therein, and WHEREAS, the City Council desires to amend Resolution 98 -21 with respect to certain fees in connection with Valet Parking Service Permits. NOW, THEREFORE, City Council of the City of Saratoga does resolve as follows: The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 5 day of August, 1998, by the following vote: AYES: NOES: AB SENT: ATTEST: City Clerk RESOLUTION NO. 1. The amended fees set forth in the attached Exhibit A are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each permit applied for. No application for any such permit shall be deemed filed or complete until all required fees have been paid in full to the City. 2. Except as amended, Resolution 98 -21 shall remain in full force and effect. 3. This Resolution shall become effective on September 4, 1998, and shall be applicable to all such permits which are issued by the City from and after the effective date hereof. Mayor CITY OFSARATO =SCHEDU ective Julyx1>; CODE REFERENCI UBJECI E EDESCRIPTIOI §4- 55.050(c) Massage establishments §4- 55.080(f)(1) Massage establishments §4- 55.090(e) Massage establishments Permit application fee $750 Permit for managing employee $350 Permit for massage practitioner $350 Examination fee As set by Examiner Background investigation /finger prints As set by Sheriff Appeal hearing fees Permit denials $500 Permit suspensions /revocations $1,500 Annual permit renewal $375 Annual permit renewal, managing $175 employee Annual permit renewal, practitioner $175 Section 4- 60.050(b) Motion Picture Filming Permit application fee $500 Section 4- 65.030(5)(b) Recyclers Permit application fee $300 Section 4- 65.060 Recyclers Permit renewal fee $150 §4- 80.050(b) Valet Parking Permit Application Fee $300 §7- 05.200 Garbage disposal charge Lien administrative $100 §7- 05.210 Garbage disposal charge Special assessment $50 §7- 20.200(c) 3 Years Dog License Spay /Neutered $25 No $75 §7- 20.200(c) 1 Year Dog License Spay /Neutered $10 No $25 §7- 20.200(c) 3 Years Cat License Spay /Neutered $12 No $45 §7- 20.200(c) 1 Year Cat License Spay /Neutered $5 No $15 Late Penalty $20 Page 2 Exhibit "A" EXECUTIVE SUMMARY NO. MEETING DATE: AUGUST 5,1998 ORIGINATING DEPT.: PUBLIC WORKS SARATOGA CITY COUNCIL ADVERTISING, NOTICING, AND PUBLIC CONTACT: Nothing additional. FOLLOW UP ACTIONS: A work order will be issued to install the sign and markings. ATTACHMENTS: Motor Vehicle Resolution. AGENDA ITEM CITY MANAGER: DEPT. HEAD: SUBJECT: Amending Resolution No. MV -160 making Aloha Ave./Komina Ave. a three -way stop intersection RECOMMENDED MOTION(S): Move to adopt the amending Motor Vehicle Resolution No. MV -160.1 designating the intersection of Aloha Ave./Komina Ave. as a three -way stop intersection. REPORT SUMMARY: The attached amended Motor Vehicle Resolution, if adopted would establish a three -way stop intersection at Aloha Ave./Komina Ave.. Presently, the intersection is a two -way stop intersection with stop signs controlling south -bound Aloha Ave. and east -bound Komina Ave.. The proposal would add north- bound Aloha Ave. as a stop controlled leg of the intersection, eliminating any confusion of right -of -way. FISCAL IMPACTS: Approximately $100.00 in labor and materials for the City to install the signs and markings to add this leg of the intersection as a stop controlled segment of street. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The Resolution would not be adopted and the intersection would remain as is. RESOLUTION NO MV -160.1 RESOLUTION DESIGNATING THE INTERSECTIONS OF SIXTH STREET AND OAK STREET; KOMINA AVENUE AND OAK STREET; THIRD STREET AND OAK STREET; KOMINA AVENUE AND ALOHA AVENUE; ALOHA AVENUE AND KOMINA AVENUE; VICKERY AVENUE AND ALOHA AVENUE AS STOP INTERSECTIONS The City Council of the City of Saratoga hereby resolves as follows: SECTION I: The following intersections in the City of Saratoga are hereby designated as stop intersections: NAME OF STREET DESCRIPTION Sixth Street Komina Avenue Third Street Komina Avenue Aloha Avenue Aloha Avenue Lomita Avenue ATTEST: City Clerk All vehicles traveling on Sixth Street southwest bound shall stop before entering Oak Street. All vehicles traveling on Komina Avenue northwest bound shall stop before entering Oak Street. All vehicles traveling on Third Street southeast bound shall stop before entering Oak Street All vehicles traveling on Komina Avenue southeast bound shall stop before entering Aloha Avenue All vehicles traveling on Aloha Avenue southwest bound shall stop before continuing straight or entering Komina Avenue All vehicles traveling on Aloha Avenue northeast bound shall stop before continuing straight or entering Komina Avenue. All vehicles traveling on Lomita Avenue northwest bound shall stop before continuing straight or entering Aloha Avenue. This section shall become effective at such time as the proper signs and /or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the day of 1998, by the following vote: AYES: NOES: ABSENT: MAYOR JUL -21 199 8 15:40 The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The following intersections in the City of Saratoga are hereby designated a stop intersections: NAME OF STREET Sixth Street Komina Avenue Third Street Komina Avenue Aloha Avenue Lomita Avenue CITY OF SARATOGA /ADMIN. RESOLUTION NO. MV-160 RESOLUTION DESIGNATING THE INTERSECTIONS OF SIXTH STREET AND OAK STREET; KOMINA AVENUE AND OAK STREET; THIRD STREET AND OAK STREET; KOMINA AVENUE AND ALOHA AVENUE; ALOHA AVENUE AND KOMINA AVENUE; VICKERY AVENUE AND ALOHA AVENUE AS STOP INTERSECTIONS This section shall become effective at such time as the .proper signs and /or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Sarartoga at a regular meeting held on the second day of October, 1985, by the following vote: AYES: Councilrenbers Callan, Hlava and Mayor Clevenger NOES: None ABSENT: Councilnnembers Fanelli and Moyles ATTEST: r L. City Clerk 408 868 1280 P.02/82 DESCRIPTION All vehicles traveling on Sixth Street southeast bond shall stop before entering Oak Street. All vehicles traveling on Komina Avenue northwest boudn shall stop before entering Oak Street. All vehicles traveling on Third Street southeast bound shall stop before entering Oak Street. All vehicles traveling on Komina Avenue southeast bound shall stop before entering Aloha Avenue. All vehicles traveling on Aloha Avenue southwestbound shall stop before continuing straight or entering Komina Avenue. All vehicles traveling on Lomita Avenue northwest bound shall stop• before continuing straight or entering Aloha Avenue. TOTAL P.02 .y am ,/l'S dQ1 �r rJt41 s )cr L 6/0S' V /yl/s �j a iswQ'Sd./ r(), sTh Sc't 17 9339 ��r f �s�1 Ay) e ys a1 'so y.PGi Fund Fund Name Date 7/17/98 Date l 7/31/98 Void I Checks Manual Checks Total Subtotal PAYROLL CHECKS: TOTAL O:\JANICE \CERTIEY NP CHECKS: A75494- A75618 75665- A75712 VOID CHECK #A75536 A75051 1 GENERAL 100 COPS -SLESF 110 Traffic Safety 150 Streets Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing &Comm 290 Recreation 292 Facility Ops 293 Theater Surcharge 300 State Park 310 Park Devlpmnt 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 31- Jul -98 $85,102.42 73,516.34 602.18 3,118.93 14,225.89 58,401.56 5,635.91 1,550.00 12,050.64 135.20 103.50 $84,830.12 (250.00) $1,272.42 $170,954.96 300.00 $300.00 $0.00 $147,283.00 $0.00 $602.18 2,537.00 $5,655.93 10,484.36 $24,710.25 61.04 $58,462.60 $0.00 1,846.14 (225.00) $7,257.05 1,800.00 $3,350.00 $0.00 $0.00 2,791.00 $14,841.64 $135.20 $0.00 $0.00 60.00 $60.00 73,766.66 $0.00 $0.00 $103.50 $0.00 $0.00 $0.00 $0.00 $0.00 $254,442.57 $178,476.32 ($475.00) $1,272.42 $433,716.31 33,716.3t Prepared by: Date: V Yg Approved by: Date: PREPARED 07/16/1998, PROGRAM: GM339L CITY OFSARATOGA 9:54:09 EXPENDITURE APPROVAL LIST PAGE 1 AS OF: 07/17/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000003 A M MOTOR SUPPLY 80522 004898 18155 07/09/1998 001 -1035- 512.30 -01 AUTOMOTIVE SUPPLIES 42.17 VENDOR TOTAL 42.17 0000009 ABAG PLAN CORPORATION 21191906 004854 07/09/1998 001- 1040 513.40 -60 SETTLE CLAIM 184.26 VENDOR TOTAL 184.26 0000010 ABAG POWER PURCHASING POOL 8G0041 004985 07/15/1998 001- 1060 513.40 -23 NTRUL GAS THRU POWER POOL 300.00 VENDOR TOTAL 300.00 0000005 ALLIANCE FRANCAISE OF S.C.V. 1024 004832 07/07/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0001042 ALTRANS 96 -SC -08 004920 18340 07/09/1998 150 5010 552.40 -70 4TH QTR DRAW ON VTA 45,904.20 VENDOR TOTAL 45,904.20 0001457 ARCUS DATA SECURITY, INC 0355169 004891 07/09/1998 001 1030 511.40 -42 2ND QTR '98- MICROFILM FEE 90.00 VENDOR TOTAL 90.00 0000005 ASIMOS, GEORGE 004973 07/15/1998 290- 6005- 445.04 -00 CLASS REFUND 178.00 VENDOR TOTAL 178.00 0000034 AUTOMATIC RAIN 7022370 -00 004895 18251 07/09/1998 001- 3030 532.30 -01 LANDSCAPE MATERIAL EQUIPT 517.24 VENDOR TOTAL 517.24 0000005 GALLON, PAULA 1075 004833 07/07/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0001460 BAUER DESIGN ILLUSTRATION 3409 004893 07/09/1998 260 5015 552.40 -40 CREEK BROCHURE DESIGN 2,056.75 0000043 BAY AREA SERVICE CENTER VENDOR TOTAL 2,056.75 IU PREPARED 07/16/1998, 9:54:09 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000043 BAY AREA SERVICE CENTER 9562 004902 07/09/1998 0001078 BAY TELECOM IN- 800493 004912 IN000168 004942 IN000373 004943 INB000475 004944 INB000517 004945 0000052 7/98 0001422 BOOK PUBLISHING COMPANY 0000704 BURNS, LORI 6/23/98 004964 004980 0000005 CALOIARO, DOMINIK 004987 0000005 CASAS, CAROLYN 004975 0000071 CELLULAR ONE (408)406 -9851 004960 (408)406 -9852 004961 (408)406 -9853 004962 0000005 CHANG, MEI -TEH 004835 BOGOSIAN, STAN 004820 CHECK /DUE DATE 07/09/1998 07/13/1998 07/13/1998 07/13/1998 07/13/1998 07/14/1998 07/14/1998 07/14/1998 ACCOUNT NO EXPENDITURE APPROVAL LIST PAGE 2 AS OF: 07/17/1998 ITEM DESCRIPTION 001 1055 513.40 -14 REPAIR RADIO VENDOR TOTAL 001 1050 513.40 -20 TELEPHONE SYSTEM REPAIRS 001 1050 513.40 -20 TELEPHONE SYSTEM REPAIRS 001 1050 513.40 -20 TELEPHONE SYSTEM REPAIRS 001- 1050 513.40 -20 TELEPHONE SYSTEM REPAIRS 001 1050 513.40 -20 TELEPHONE SYSTEM REPAIRS 21799 004894 18583 07/09/1998 001 1030 511.40 -41 CITY CODE SUPP. 07/07/1998 290- 6005- 445.04 -00 CLASS REFUND 07/06/1998 001 1005-511.20 -01 EXPENSE ALLOWANCE -JULY 98 07/15/1998 290- 6005- 445.02 -00 CAMP REFUND VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL 07/14/1998 001 1045 513.40 -01 MILEAGE FOR MEETING 07/15/1998 07/15/1998 290 6005- 445.01 -00 SPORTS LEAGUE REFUND 001 1045 513.40 -02 LUNCH FIN.DIR.ORAL BOARD VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL 001 2010 522.40 -20 CELLULAR PHONE -JUNE '98 001 2010 522.40 -20 CELLULAR PHONE -JUNE '98 001 2010 522.40 -20 CELLULAR PHONE -JUNE '98 VENDOR TOTAL VENDOR TOTAL EXPENDITURE AMOUNT 112.50 112.50 127.50 12.99 65.00 127.50 30.00 362.99 CHECK 75488 .00 1,188.31 1,188.31 13.23 64.09 77.32 495.00 495.00 84.00 84.00 62.75 56.76 13.68 133.19 142.00 142.00 HAND- ISSUED 250.00 250.00 PREPARED 07/16/1998, PROGRAM: GM339L 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 CHANG, MEI -TEH 0000005 CHAPMAN, MARK 004834 07/07/1998 290 6005- 445.02 -00 CLASS REFUND 94.00 0001462 CHILDCRAFT EDUCATION CORP. 593191000 004914 07/09/1998 290 6005 564.30 -01 SUPPLIES FOR SUMMER CAMPS 84.59 0000434 COTTON, SHIRES AND ASSOCIATES INC 55829 004885 07/09/1998 170- 9010 622.40 -13 EASTERN END -VILLA OAK LN MAY /JUN '98 004933 18070 07/10/1998 250- 4020 542.40 -10 GEOLOGY REVIEWS 0000005 CRAIG, LINDA 2402 004950 07/13/1998 290 6005- 445.02 -00 CLASS REFUND 0000005 EASTMAN, LINDA 004838 9:54:09 EXPENDITURE APPROVAL LIST PAGE 3 AS OF: 07/17/1998 VENDOR TOTAL 94.00 VENDOR TOTAL 84.59 0000083 CITY OF MONTE SERENO 6 -30 -98 004892 07/09/1998 260 5005 552.40 -70 4TH QTR SOLID WASTE -DUES 8,242.78 VENDOR TOTAL 8,242.78 0000091 COMMONWEALTH CREDIT UNION 005017 07/16/1998 001 0000 210.20 -01 7/16/98 PAYROLL 813.60 VENDOR TOTAL 813.60 VENDOR TOTAL VENDOR TOTAL 602.18 9,335.87 9,938.05 149.00 149.00 0000005 CUTHBETSON, JAMES 004836 07/07/1998 290- 6005- 445.04 -00 CLASS REFUND 84.00 VENDOR TOTAL 84.00 0000005 DEACY RUSSELL, KAREN 004837 07/07/1998 290 6005- 445.04 -00 CLASS REFUND 56.00 VENDOR TOTAL 56.00 00001161 DELTA MICROIMAGING, INC. 004532 004855 18337 07/09/1998 250- 4015 542.40 -42 MICROFILMING -BLDG DEPT. 1,566.18 VENDOR TOTAL 1,566.18 07/07/1998 290 6005- 445.04 -00 CLASS REFUND 71.00 PREPARED 07/16/1998, 9:54:09 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 07/17/1998 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 EASTMAN, LINDA 0000144 ELECTRICAL DISTRIBUTORS 880467 004874 07/09/1998 180- 3040 532.40 -15 LIGHTING FIXTURES BEACHMP 935.28 0000150 EVANS WEST VALLEY SPRAY 28073 004873 07/09/1998 150- 3005 532.40 -15 WEED CONTROL ALONG RDSIDE 3,250.00 0000005 FELLER, ANNA 004839 07/07/1998 290 6005- 445.04 -00 CLASS REFUND 5.00 0000155 2214 2067 2122 FITZPATRICK BARRICADE 004906 17966 07/09/1998 004907 17966 07/09/1998 004908 17966 07/09/1998 0000005 FORTE, KATHY 004840 07/07/1998 290- 6005- 445.02 -00 CLASS REFUND 188.00 0000164 GARDENLAND POWER EQUIPMENT 253486 004876 17941 07/09/1998 253485 004877 17941 07/09/1998 150- 3005 532.30 -01 STREET MAINT.- A 150- 3015 532.30 -01 TRAFFIC CONT. B 150- 3015 532.30 -01 TRAFFIC CONT. B 001 3030 532.30 -01 GARDENING SUPPLIES 001- 3030 532.30 -01 GARDENING SUPPLIES VENDOR TOTAL 71.00 VENDOR TOTAL 935.28 VENDOR TOTAL 3,250.00 VENDOR TOTAL 5.00 VENDOR TOTAL VENDOR TOTAL 47.90 182.56 164.54 395.00 VENDOR TOTAL 188.00 174.17 14.81 188.98 0000005 GATES, ELMER 004982 07/15/1998 290 6005- 445.04 -00 CLASS REFUND 24.00 VENDOR TOTAL 24.00 0000853 GILMORE ENVELOPE CORPORATION 29739f 004816 18563 07/07/1998 001 1050 513.30 -01 #10 REGULAR CITY ENVELOPE 694.75 VENDOR TOTAL 694.75 0001223 GITTENS, WILLIAM 004965 07/15/1998 290 6010 564.40 -10 REFEREE FEES 262.00 VENDOR TOTAL 262.00 PREPARED 07/16/1998, 9:54:09 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 07/17/1998 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 0001223 GITTENS, WILLIAM 0000005 HIGASHIHARA, RYUZO 004918 0000005 HIGASHIHARA, RYUZO 004976 0000005 HOEM, SHARON 004972 HUMANE SOCIETY OF 983 004979 0000197 07/09/1998 290- 6005- 445.04-00 CLASS REFUND VENDOR TOTAL 07/15/1998 290- 6005- 445.02 -00 CAMP REFUND VENDOR TOTAL 07/15/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL 07/15/1998 260 5005 552.40 -10 EMERG. RESPONSE CALLS VENDOR TOTAL 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS 15445 004875 07/09/1998 150- 3025 532.40 -14 REPAIR IRRIGATION SYSTEMS VENDOR TOTAL 40.00 40.00 84.00 84.00 71.00 71.00 275.59 275.59 917.37 917.37 0000201 ICMA RETIREMENT TRUST 005015 07/16/1998 001 0000 210.20 -01 7/16/98 PAYROLL 762.46 VENDOR TOTAL 762.46 0001467 INTERNAL REVENUE SERVICE 004947 07/13/1998 001 -0000- 210.20 -01 FED TAXES FOR 2ND QTR '98 43.65 VENDOR TOTAL 43.65 0000005 IRVING, PATRICIA TRNSFRD 004949 07/13/1998 290- 6005- 445.04 -00 CLASS REFUND 59.00 VENDOR TOTAL 59.00 0000208 JACOBS, PAUL 7/98 005020 07/16/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -JULY 98 250.00 VENDOR TOTAL 250.00 0001264 JEFFERS, JAMES A. JUNE 004936 07/10/1998 150- 3005 532.40 -16 INSPECTOR FEES 1,370.00 6/29 -7/10 004825 07/07/1998 250 4010 542.40 -10 TREE INSPECTIONS 180.00 0 PREPARED 07/16/1998, 9:54:09 PROGRAM: GM339L 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 0001264 JEFFERS, JAMES A. JUNE 004937 07/10/1998 250- 4020 542.40 -16 INSPECTOR FEES 1,150.00 VENDOR TOTAL 2,700.00 0000211 JENKINS, TRACY 004968 07/15/1998 290 6010 564.40 -10 REFEREE FEES 324.00 VENDOR TOTAL 324.00 0000005 KAMEYA, KENJI 004917 07/09/1998 290-6005- 445.04 -00 CLASS REFUND 40.00 VENDOR TOTAL 40.00 0000005 KERNS,ROHIN 004971 07/15/1998 290- 6005- 445.04 -00 CLASS REFUND 104.00 VENDOR TOTAL 104.00 0000005 KLEIMAN, ANN 004983 07/15/1998 290 6005- 445.04 -00 CLASS REFUND 24.00 VENDOR TOTAL 24.00 0001391 KOVACH, SONIA M. 6/27 6/30 005018 07/16/1998 001 1040 513.40 -10 PROF. SVCS FINANCE DEPT. 435.00 VENDOR TOTAL 435.00 0000005 LEKASHMAN, KAREN 004841 07/07/1998 290- 6005- 445.04 -00 CLASS REFUND 71.00 0000245 6/98 6/98 6/98 LEWIS, HOWARD 004939 18073 004938 18073 004940 18073 0000005 LIN -LI, JANE 004974 07/10/1998 07/10/1998 07/10/1998 001- 3035 532.40 -16 150- 3005 532.40 -16 250- 4020 542.40 -16 EXPENDITURE APPROVAL LIST AS OF: 07/17/1998 VENDOR TOTAL 71.00 INSPECTOR FEES INSPECTOR FEES INSPECTOR FEES 07/15/1998 290 6005- 445.02 -00 CAMP REFUND 0000005 LING, SOPHIA 004981 07/15/1998 290 6005 445.04 -00 CLASS REFUND 277.50 450.00 450.00 VENDOR TOTAL 1,177.50 VENDOR TOTAL VENDOR TOTAL 149.00 149.00 41.00 41.00 PAGE 6 PREPARED 07/16/1998, 9:54:09 PROGRAM: GM339L CITY OF SARATOGA 0000005 LING, SOPHIA 0001455 MARK O'SULLIVAN 6/16/98 004831 0000267 MAZE ASSOCIATES 5/27/98 -A 004826 5/27/98 -8 004827 5/27/98 -C 004828 0000272 PL259 PL260 PL261 PL262 07/07/1998 07/07/1998 07/07/1998 METRO PUBLISHING INC. 004957 07/14/1998 004958 07/14/1998 004959 07/14/1998 005013 07/15/1998 0000274 MEYERS, NAVE, RIBACK SILVER 199806 -219 004883 07/09/1998 199806 -212 004878 07/09/1998 199806 -216 004879 07/09/1998 199806 -217 004880 07/09/1998 199806 -218 004881 07/09/1998 199806 -219 004882 07/09/1998 EXPENDITURE APPROVAL LIST PAGE 7 AS OF: 07/17/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000258 LYONS, LEILANI 34 004929 07/10/1998 290-6005 564.40 -10 INSTRUCTOR FEES 40.50 07/07/1998 290-6010-564.40 -10 CHAPERONE TEEN EXCUR WEEK 55.25 001 1040-513.40 -10 PROGRESS BILLING 001 1040 513.40 -10 ACCOUNTING SRVCS -133 HAS 001 1040 -513.40 -10 MILEAGE 250 4010 542.40 -40 LEGAL NOTICES 4/29/98 250- 4010 542.40 -40 LEGAL NOTICES 4/29/98 250- 4010 542.40 -40 LEGAL NOTICES 5/13/98 250 4010 542.40 -40 LEGAL NOTICES 5/27/98 001 0000 210.20 -01 LITIGATION SVCS FOR 6/98 001 1025 511.40 -11 LEGAL SVCS FOR JUNE 98 001 1025-511.40 -12 LITIGATION SVCS FOR 6/98 001 1025 511.40 -12 LITIGATION SVCS FOR 6/98 001 1025 511.40 -12 LITIGATION SVCS FOR 6/98 001 1025 511.40 -12 LITIGATION SVCS FOR 6/98 VENDOR TOTAL 40.50 VENDOR TOTAL 55.25 533.75 9,592.00 440.04 VENDOR TOTAL 10,565.79 43.13 33.75 56.25 121.88 VENDOR TOTAL 255.01 222.50- 6,849.57 725.00 3,544.50 62.50 525.00 VENDOR TOTAL 11,484.07 0000005 MILLER, REBECCA 3605 004948 07/13/1998 290 6005- 445.02 -00 CLASS REFUND 168.00 VENDOR TOTAL 168.00 0000005 MONTANARI, JILL 004916 07/09/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 VENDOR TOTAL 50.00 0001470 MORAN, BRADY 004967 07/15/1998 290- 6010 564.40 -10 SCOREKEEPER FEES MAR-JUNE 607.50 VENDOR TOTAL 607.50 PREPARED 07/16/1998, 9:54:09 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM339L AS OF: 07/17/1998 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 0001470 MORAN, BRADY 0000282 MORAN, GILL /AN 7/98 004822 07/06/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -JULY. 98 CHECK 75490 0000293 NATIONAL SANITARY SUPPLY 017002494069 005010 07/15/1998 947171 005011 07/15/1998 017002584923 004884 18151 07/09/1998 0000005 O'NEIL, CHARLES VENDOR TOTAL .00 0000283 MUNICIPAL RESOURCE CONS. 6 -19 -98 004819 07/07/1998 001 1040 513.40 -10 SALES TAX -AUDIT SRVC '97 500.00 VENDOR TOTAL 500.00 0000005 MUNRO, KAREN 004842 07/07/1998 290 6005-445.02 -00 CLASS REFUND 149.00 VENDOR TOTAL 149.00 0000292 NATIONAL PLAN COORDINATOR 005016 07/16/1998 001 0000 210.20 -01 7/16/98 PAYROLL 458.92 VENDOR TOTAL 458.92 001 1060 513.30 -02 SUPPLIES 678.65 001- 1060 513.30 -02 CREDIT RETURN 28.96- 001- 3030 532.30 -01 SUPPLIES FOR PRK RESTROOM 5.87 VENDOR TOTAL 655.56 0000005 NICKOLS, ESTHER 004843 07/07/1998 290- 6005- 445.03 -00 CLASS REFUND 69.00 VENDOR TOTAL 69.00 0000294 NORMAN PAUL PRINT CENTER 981343 004817 17997 07/07/1998 001- 1050 513.40 -41 BUSINESS CARDS -JIM JEFFER 96.05 VENDOR TOTAL 96.05 0000297 0. C. MCDONALD 7235 004813 07/07/1998 001 1060 513.40 -14 FACILITY REPAIRS 756.67 VENDOR TOTAL 756.67 0000005 O'CONNOR, MARY 004984 07/15/1998 290 6005- 445.04 -00 CLASS REFUND 48.00 VENDOR TOTAL 48.00 250.00 250.00 PREPARED 07/16/1998, PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000005 O'NEIL, CHARLES 004915 07/09/1998 0000300 OFFICE DEPOT CREDIT PLAN 004872 07/07/1998 0000302 ORCHARD SUPPLY HARDWARE 6/26/98 6/26/98 6/26/98 6/26/98 0000306 PACIFIC 868 -9099 868 -9497 237- 271 4652319 868 -9497 237- 271- 4652319 867 -8550 741 -2271 741 -1527 867 -8550 741 -2271 741 -1527 BELL 004857 004858 004862 004863 004864 004868 004859 004860 004861 004865 004866 004867 0000607 PCI CLEAN FUELS INC 14146 004924 07/10/1998 1073 004925 18157 07/10/1998 0001400 PINN BROS. CONSTRUCTION 2079 004909 07/09/1998 2079- 004910 07/09/1998 0000005 POOLE, JAMES 2234 004941 9:54:09 EXPENDITURE APPROVAL LIST PAGE 9 AS OF: 07/17/1998 CHECK /DUE DATE 004955 17990 07/14/1998 004956 17990 07/14/1998 004953 17931 07/14/1998 004954 17931 07/14/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/09/1998 07/10/1998 ACCOUNT NO ITEM DESCRIPTION 292 0000 260.00 -00 RENTAL DEPOSIT REFUND 290- 6005- 445.02 -00 CLASS REFUND 001- 1060 513.30 -02 001- 1060 513.30 -02 001- 3030 532.30 -01 150- 3005 532.30 -01 001 1050 513.40 -20 001 1050 513.40 -20 001 1050 513.40 -20 001 1050 513.40 -20 001 1050 513.40 -20 001- 1050 513.40 -20 001 2005 521.40 -20 001 2005 521.40 -20 001- 2005 521.40 -20 001 2005 521.40 -20 001 2005 521.40 -20 001 2005 521.40 -20 VENDOR TOTAL 001 1050 513.30 -01 MIN. PYMT ON ACCT #6001 VENDOR TOTAL BLDG MTC SUPPLIES ON -TIME PMT DISCOUNT PARKS- SUPPLIES STREETS SUPPLIES VENDOR TOTAL DID LINES SR. CENTER ALARMS SUPERTRUNK DID LINES SR. CENTER ALARMS SUPERTRUNK EMERGENCY XEROX EMP. EMERGENCY EMERGENCY XEROX EMP. EMERG.# VENDOR TOTAL 001 1035 512.40 -14 CNG REPAIR SERVICE 001 1035 512.30 -20 CNG VEHICLE FUEL VENDOR TOTAL 150 3005 532.40 -14 STREET REPAIR -END OF TAOS 150 3005 532.40 -15 STREET REPAIR -END OF TAOS VENDOR TOTAL VENDOR TOTAL EXPENDITURE AMOUNT 300.00 300.00 CHECK 75493 .00 142.19 9.25- 271.58 48.65 453.17 2,080.67 35.22 712.94 3,708.70 35.33 361.27 443.49 18.16 16.39 270.13 35.24 31.76 7,749.30 177.00 804.96 981.96 1,615.25 516.00 2,131.25 84.00 84.00 HAND- ISSUED 272.42 272.42 PREPARED 07/16/1998, 9:54:09 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 07/17/1998 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 POOLE, JAMES 0000327 PROFESSIONAL FLEET SERV. 62197 004886 17972 07/09/1998 001 1035 512.40 -14 REPAIR FLEET TIRES 381.04 62333 004887 17972 07/09/1998 001 1035 512.40 -15 MAINTAIN FLEET TIRES 566.19 VENDOR TOTAL 947.23 0000333 R.V. CLOUD COMPANY 2608 005019 17940 07/16/1998 001 3030 532.30 -01 PURCHASE IRRIGATION EQ 82.19 VENDOR TOTAL 82.19 0000334 REED GRAHAM, INC. 370154 004896 18196 07/09/1998 150- 3005 532.30 -01 AC AND OIL 108.91 370231 004897 18196 07/09/1998 150- 3005 532.30 -01 AC AND OIL 128.50 VENDOR TOTAL 237.41 0000335 REEVE, PAULA 004931 07/10/1998 001 2005 521.40 -05 EMA MEETING MILEAGE 12.60 004932 07/10/1998 001 2005 521.30 -01 EMA MEETING SUPPLIES 7.21 VENDOR TOTAL 19.81 0001456 ROOF ROOFING R #66210 -1 004830 07/07/1998 001 -1040- 413.05 -00 SUPPL. BUSINESS LICENSE 9.81 R*66210 004829 07/07/1998 250- 4015- 422.01 -00 801r BLDG PERMIT REFUND 53.82 VENDOR TOTAL 63.63 0000341 S.A.S.C.C. 004911 07/09/1998 001 7005 573.40 -15 SENIOR CENTER REPAIRS 1,754.58 VENDOR TOTAL 1,754.58 0000342 S.C.A.C. TV FOUNDATION 520 004946 07/13/1998 001 7010 571.40 -70 2ND QTR 1998 PAYMENT 16,594.06 VENDOR TOTAL 16,594.06 0000005 SAKHUJA, MANJU 004847 07/07/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0000344 SAN JOSE BLUE PRINT 6507156 004963 07/14/1998 250- 4010 542.40 -41 ZONING MAP 37.51 6493397 004921 07/10/1998 310 -9010- 622.40 -10 SCHOOL SITE AERIAL COPIES 15.26 VENDOR TOTAL 52.77 PREPARED 07/16/1998, 9:54:09 PROGRAM: GM339L 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 0000344 SAN JOSE BLUE PRINT 0000347 SAN JOSE CONSERVATION CORPS 2174 004928 07/10/1998 150- 3025 532.40 -15 WEEDING MEDIANS 2,727.00 0000346 SAN JOSE WATER COMPANY 6/29/98 004992 07/15/1998 7/8/98 004991 07/15/1998 6/29/98 004990 07/15/1998 6/29/98 004993 07/15/1998 6/29/98 004994 07/15/1998 6/29/98 004995 07/15/1998 6/29/98 004996 07/15/1998 6/29/98 004997 07/15/1998 6/29/98 004998 07/15/1998 0000005 SETO, KOICHIRO EXPENDITURE APPROVAL LIST PAGE 11 AS OF: 07/17/1998 001 1060 513.40 -22 BUILDINGS 001 3030 532.40 -22 PARKS /OPEN SPACE 150- 3025 532.40 -22 MEDIANS /PARKWAYS 180- 3040 532.40 -22 LDSCP /LGHT 180- 3040 532.40 -22 LDSCP /LGHT 180- 3040 532.40 -22 LDSCP /LGHT 180 3040 532.40 -22 LDSCP /LGHT 180 3040 532.40 -22 LDSCP /LGHT 180- 3040 532.40 -22 LDSCP /LGHT VENDOR TOTAL 2,727.00 VENDOR TOTAL 590.61 4,892.99 1,085.90 12.27 24.54 12.27 38.36 266.29 179.92 7,103.15 0000352 SARATOGA BUILDERS 004871 07/09/1998 150- 3005 532.40 -14 RETAINING WALL REPAIRS 1,927.14 VENDOR TOTAL 1,927.14 0001473 SARATOGA MEDICAL CLINIC 1749100 005009 07/15/1998 001 1045 513.40 -02 PRE -EMPL. PHYSICAL -AMARO 130.00 VENDOR TOTAL 130.00 0000005 SARATOGA ROTARY 004848 07/07/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0000356 SARATOGA TREE SERVICE 1196 004900 17942 07/09/1998 150- 3005 532.40 -15 RAISE EL QUITO PK TREES 960.00 VENDOR TOTAL 960.00 0000005 SASO, TOM 004989 07/15/1998 290- 6005- 445.01 -00 SPORTS LEAGUE REFUND 200.00 VENDOR TOTAL 200.00 0000005 SETO, ESTHER 004849 07/07/1998 290- 6005- 445.04 -00 CLASS REFUND 84.00 VENDOR TOTAL 84.00 PREPARED 07/16/1998, 9:54:09 PROGRAM: GM339L 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 SETO, KOICHIRO 004919 0000005 SHAH, DEVANG 004844 0000365 7/98 0000005 3406 0001459 1157 SHAW, JAMES 004823 SHEPARD, P. 005012 SIGN CITY 004890 0000005 SLOAN, JOANNA 004978 0001451 SPORTIME 40514000 -01 004970 0001458 SPRINT 6/18/98 005021 0000378 STAPLES, INC. FL10926012 005004 FL000674001 005005 FL109 ?6001 005006 6333 005007 37678 005008 07/15/1998 07/15/1998 07/15/1998 07/15/1998 07/15/1998 0000379 STATE BOARD OF EQUALIZATION EXPENDITURE APPROVAL LIST PAGE 12 AS OF: 07/17/1998 07/09/1998 290- 6005- 445.04 -00 CLASS REFUND 52.00 VENDOR TOTAL 52.00 07/07/1998 290- 6005- 445.04 -00 CLASS REFUND 29.00 VENDOR TOTAL 29.00 07/06/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -JULY 98 CHECK 75491 VENDOR TOTAL .00 07/15/1998 290 6005- 445.04 -00 CLASS REFUND 89.00 VENDOR TOTAL 89.00 07/09/1998 001 3030 532.30 -01 ADOPT -A -PARK SIGNS 235.96 VENDOR TOTAL 235.96 07/15/1998 290- 6005- 445.04 -00 CLASS REFUND 24.00 VENDOR TOTAL 24.00 07/15/1998 290 6010 564.30 -01 HOCKEY STICKS -V.B. SYSTEM 450.18 VENDOR TOTAL 450.18 07/16/1998 001 1050 513.40 -20 LONG DISTANCE 208.46 VENDOR TOTAL 208.46 001 2010 522.30 -01 ENG. SUPPLIES- BROKEN 001 2010 522.30 -01 REPLACEMENT 001 2010 522.30 -01 COMM. DEV. SUPPLIES 001 2010 522.30 -01 COMM. DEV. SUPPLIES 001 2010 522.30 -01 COUPON 6.70- 6.70 82.21 367.75 10.00- VENDOR TOTAL 439.96 250.00 250.00 C. PREPARED 07/16/1998, 9:54:09 EXPENDITURE APPROVAL LIST 'PAGE 13 PROGRAM: GM339L AS OF: 07/17/1998 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 DGMT 57- 425004 004952 18159 07/14/1998 001- 1035 512.30 -21 2ND QTR '98 DIESEL TAX 0000384 73436 73445 STEVENS CREEK QUARRY, INC. 004869 07/09/1998 004870 07/09/1998 0000005 STOLZ, JUNE TRNSFRD 004951 0000125 THE DINI GROUP 6/98 004934 18071 07/10/1998 6/98 -A 004935 18071 07/10/1998 0000409 TUCKER, BEVERLY 004969 0001415 U.S. BANK 377201 004814 37720 -A 004815 VENDOR TOTAL 150- 3005-532.40 -15 STORM DAMAGE REPAIR- 2/11 150- 3005 532.40 -15 STORM DAMAGE REPAIR -2/24 07/13/1998 290 6005-445.02 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL 001 3035-532.40 -16 INSPECTOR FEES 250- 4020 542.40 -16 INSPECTOR FEES 07/15/1998 290- 6005 564.30 -01 PURCHASES FOR SUMMER CAMP VENDOR TOTAL 07/07/1998 400 8015- 733.70 -03 6/1 -12/1 LIBRARY 07/07/1998 730 -8005- 733.70 -03 6/1 -12/1 PARKING DISTRICT 166.09 166.09 7,986.58 625.00 8,611.58 87.00 87.00 0000005 STRONG, ALLAN 004845 07/07/1998 290- 6005- 445.04 -00 CLASS REFUND 98.00 VENDOR TOTAL 98.00 VENDOR TOTAL 1,247.50 1,197.50 2,445.00 0000798 THE LIPMAN COMPANY (TLC) 7/9/98 005014 07/15/1998 001 0000-210.20 -01 SECTION 125 INVOICES 1,380.32 VENDOR TOTAL 1,380.32 0000396 THOMAS' CLEANING SERVICE 1900 004926 07/10/1998 180 3040 532.40 -15 VPD #3 LDSCP MTC ZONE 24 1,650.00 VENDOR TOTAL 1,650.00 VENDOR TOTAL 161.87 161.87 135.20 103.50 238.70 0000480 UNISTRUT NORTHERN CA 392564 004888 07/09/1998 150- 3015 532.30 -01 TRAFFIC CONTROL SUPPLIES 1,275.03 PREPARED 07/16/1998, 9:54:09 PROGRAM: GM339L 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 0000480 UNISTRUT NORTHERN CA EXPENDITURE APPROVAL LIST PAGE 14 AS OF: 07/17/1998 VENDOR TOTAL 1,275.03 0000591 US GAMES U867505 004930 07/10/1998 290- 6010 564.30 -01 SPORTS EQUIP 72.02 VENDOR TOTAL 72.02 0000426 WEST COAST BLDG, SERVICE 21817 004986 17991 07/15/1998 001 1060 513.40 -15 JANITORIAL SVCS FOR JUNE 495.00 VENDOR TOTAL 495.00 0000715 WEST STAR DISTRIBUTING, INC 223124 -00 004903 07/09/1998 001 1055 513.40 -14 SIGNAL LAMP 67.09 VENDOR TOTAL 67.09 0000429 WEST VALLEY SANITATION DISTRCIT MS0639 004913 07/09/1998 260 5015 552.40 -10 NON -POINT SOURCE PROGRAM 47,826.44 VENDOR TOTAL 47,826.44 0001410 WESTERN TRACTION COMPANY 1391603 004901 07/09/1998 150- 3020 532.40 -10 JUNE RENTAL FEE LOADER 2,165.00 VENDOR TOTAL 2,165.00 0001443 WILLIAM J. BEALS 98 -12, 1 004922 18561 07/10/1998 310 -9010- 622.40 -10 LANDSCAPE ARCH. SERVICES 6,584.40 98 -12, 2 004923 18561 07/10/1998 310- 9010 622.40 -10 LANDSCAPE ARCH. SERVICES 5,450.98 VENDOR TOTAL 12,035.38 0001429 WILLIAMS, DAWN 004966 07/15/1998 290 6010 564.40 -10 REFEREE FEES 54.00 VENDOR TOTAL 54.00 0000005 WOESTE, VICTORIA 004977 07/15/1998 290- 6005- 445.04 -00 CLASS REFUND 31.00 VENDOR TOTAL 31.00 0000438 WOLFE, DONALD 7/98 004824 07/06/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -JULY 98 CHECK 75492 0001390 WRIGHT, OLIVER L. C. VENDOR TOTAL .00 250.00 250.00 PREPARED 07/16/1998, 9:54:09 EXPENDITURE APPROVAL LIST PAGE 15 PROGRAM: GM339L AS OF: 07/17/1998 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 0001390 WRIGHT, OLIVER L. 6/98 004899 07/09/1998 001 1040 513.40 -10 PROF. SVCS AS INTER. F/D 10,219.00 VENDOR TOTAL 10,219.00 0000440 XEROX CORPORATION 062940821 004850 07/09/1998 001 1055 513.40 -30 5100A COPIER -MO. LEASE 1,927.50 062572539 004851 07/09/1998 001- 1055 513.40 -30 5100A COPIER -MO. LEASE 1,927.50 600130281 004852 07/09/1998 001 1055 513.40 -30 4 DC220 COPIERS-MO. LEASE 773.60 600134372 004853 07/09/1998 001 1055 513.40 -30 4 DC220 COPIERS-MO. LEASE 773.60 VENDOR TOTAL 5,402.20 0000005 YOUNG, MARY 004846 07/07/1998 290-6005-445.04-00 CLASS REFUND 59.00 VENDOR TOTAL 59.00 0000443 ZEE MEDICAL SERVICE 66247679 004818 07/07/1998 001 3030 532.30 -01 FIRST AID SUPPLIES 31.99 66247678 004905 17939 07/09/1998 001 3030 532.30 -01 FIRST AID SUPPLIES 60.81 66247678 004904 17939 07/09/1998 150- 3005 532.30 -01 FIRST AID SUPPLIES 60.81 VENDOR TOTAL 153.61 TOTAL EXPENDITURES 254,442.57 GRAND TOTAL 1,272.42 255,714.99 PREPARED 07/30/1998, 9:12:56 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 07/31/1998 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 0001476 AMERICAN MGMT. ASSOCIATION 010139772300 005034 07/22/1998 250- 4010-542.40 -10 SEMINAR ON CUSTOMER SRVC 139.00 0000907 AMERICAN PUBLIC WORKS ASSOCIATION 606811 005070 07/28/1998 001- 3035 532.30 -31 "MANAGING TRENCH CUTS" VENDOR TOTAL 0000005 AZULE GARDENS 497 005067 07/23/1998 001- 1040 413.05-00 REFUND BUSINESS LICENSE VENDOR TOTAL 0000005 BLOCK, ROBERT 005029 07/22/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 0000005 CHAN, TIMOTHY 005032 07/22/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 0000005 CLASSIC KITCHENS 66513 005066 07/23/1998 001 1040- 413.05 -00 REFUND BUSINESS LICENSE VENDOR TOTAL 0000041 COATE, BARRIE D. 98/909 005076 07/28/1998 250- 4010- 444.02 -00 ABORIST FEES FOR JUNE VENDOR TOTAL 0000108 DATA TICKET, INC. 7260 005063 07/23/1998 001 1040 452.01 -00 DAILY PARKING PROCESSING 7337 005087 07/28/1998 001- 1040 513.40 -10 JUNE 98 -DAILY PARKING PRO VENDOR TOTAL 0000854 DE PARADES, RICK 005065 07/23/1998 001 1045 513.40 -01 REIMBURSE TUITION VENDOR TOTAL 139.00 VENDOR TOTAL 25.00 25.00 120.00 120.00 50.00 50.00 50.00 50.00 45.00 45.00 2,409.91 2,409.91 151.30 153.00 304.30 113.42 113.42 0000120 DEPARTMENT OF CONSERVATION 005068 07/23/1998 250- 4015- 422.01 -00 SMIP FEES 2ND QTR '98 1,718.14 VENDOR TOTAL 1,718.14 0 PREPARED 07/30/1998, 9:12:56 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000120 DEPARTMENT OF CONSERVATION 0000121 CHECK /DUE DATE DEPARTMENT OF TRANSPORTATION 14611 005041 17968 07/23/1998 0000005 DESHPANDE, ANNAYYA 005027 07/22/1998 0000122 DIABLO LANDSCAPE MAINTENANCE 30664 -13 005054 07/23/1998 30664 -1 005042 200006 07/23/1998 30664 -2 005043 200006 07/23/1998 30664 -3 005044 200006 07/23/1998 30664 -4 005045 200006 07/23/1998 30664 -5 005046 200006 07/23/1998 30664 -6 005047 200006 07/23/1998 30664 -7 005048 200006 07/23/1998 30664 -8 005049 200006 07/23/1998 30664 -9 005050 200006 07/23/1998 30664 -10 005051 200006 07/23/1998 30664 -11 005052 200006 07/23/1998 30664 -12 005053 200006 07/23/1998 30665 005055 07/23/1998 30694 005078 18253 07/28/1998 0000612 7256L 54818L 7288L 54809L 54808L DMS INC 005081 005073 005074 005071 005072 07/28/1998 07/28/1998 07/28/1998 07/28/1998 07/28/1998 0000146 ENGINEERING DATA SERVICE I980601 005023 07/22/1998 I980603 005022 07/22/1998 0000005 FINNIGAN, BETH 005030 07/22/1998 ACCOUNT NO EXPENDITURE APPROVAL LIST PAGE 2 AS OF: 07/31/1998 ITEM DESCRIPTION 150- 3015 532.40 -15 ELECTRIC /TRAFFIC CTRL VENDOR TOTAL 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 150- 3025 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040-532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040-532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 180- 3040 532.40 -14 LANDSCAPE MAINTENANCE 180 3040 532.40 -15 MO. MAINT /KERWIN RANCH VENDOR TOTAL 001 3030 532.40 -15 ANNUAL MOWING OF BEAUCHAM 150- 3025 532.40 -15 MEDIANS 150- 3025-532.40 -15 MEDIANS 180- 3040 532.40 -15 BONNET WAY 180 3040 532.40 -15 BEAUCHAMPS VENDOR TOTAL 001- 1030 511.40 -10 LEGAL NOTICES 250- 4010 542.40 -40 PLAN. COMM. MTNG 6/24/98 VENDOR TOTAL 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL EXPENDITURE AMOUNT 1,139.53 1,139.53 300.00 300.00 285.00 35.00 75.00 150.00 75.00 50.00 50.00 50.00 75.00 75.00 150.00 295.00 850.00 61.00 240.00 2,516.00 535.00 858.00 282.00 204.00 102.00 1,981.00 231.96 371.31 603.27 50.00 50.00 HAND- ISSUED PREPARED 07/30/1998, 9:12:56 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 07/31/1998 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 FINNIGAN, BETH 0001474 FISCHER, CHRISTINE 005025 0000005 42760 GERVOLINO, MARK 005037 07/22/1998 001 1045 513.40 -02 HOTEL REIMB.PWD INTERVIEW VENDOR TOTAL 07/23/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 0000179 GTE WIRELESS CUSTOMER CARE 482 -8631 005062 17937 07/23/1998 260 5015 552.40 -20 CELLULAR PHONE USE VENDOR TOTAL 0000181 H.T.HARVEY ASSOCIATES 0698 -8913 005077 07/28/1998 700 9010- 622.40 -13 QUARRY CREEK RESTORATION 60.00 0000005 HSING, JENNIE 43106 005039 0000005 KILLIAN, LUCIE 005031 0000248 LINVILLE, DIANE 005033 0000005 LOMAN, JERI 1067 005040 0000255 LUNA, DWAINE 005106 c. 07/23/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 07/22/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 07/22/1998 290 6005-564.40 -10 RE -ISSUE FOR LOST CK75051 VENDOR TOTAL 07/23/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 07/29/1998 290 6010 564.40 -51 DJ FOR TEEN DANCE 6/5/98 VENDOR TOTAL 82.14 82.14 50.00 50.00 61.04 61.04 VENDOR TOTAL 60.00 300.00 300.00 50.00 50.00 225.00 225.00 300.00 300.00 350.00 350.00 0000287 MCDOWELL ASSOCIATES, INC. DOCS96856 005089 18078 07/28/1998 250- 4020 542.40 -10 CITY SURVEYOR SERVICES 1,430.00 VENDOR TOTAL 1,430.00 PREPARED 07/30/1998, 9:12:56 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 07/31/1998 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 0000287 MCDOWELL ASSOCIATES, INC. 0000005 ORNELAS, GUSTAVO 005028 0001007 PASCON 6 -5 005083 07/28/1998 310 9010 622.40 -10 BATHROOM PROJ HAKONE 2,291.00 VENDOR TOTAL 2,291.00 0000607 PCI CLEAN FUELS INC 1082 005056 18157 07/23/1998 001 1035 512.30 -20 CNG VEHICLE FUEL 424.68 0000005 PICAZO, JEAN 42360 005038 0000333 R.V. CLOUD COMPANY 2619 005084 0000344 SAN JOSE BLUE PRINT 6444710 005082 07/22/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 VENDOR TOTAL 424.68 07/23/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0000330 PUBLIC EMPL RETIRE FUND 0452 005035 07/23/1998 001- 0000 210.20 -01 PERS P/R ENDING 7/16/98 1,207.81 VENDOR TOTAL 1,207.81 0000005 QUICK RESPONSE FIRE SYSTEMS 490 005024 07/22/1998 001 1040 413.05 -00 REFUND OVERPYMT BUS. LIC 55.00 VENDOR TOTAL 55.00 07/28/1998 001- 3030 532.30 -01 IRRIGATION SUPPLIES /PARKS 1,731.31 VENDOR TOTAL 1,731.31 0000713 ROBERT AVILES DESIGN 7 -28 -98 005104 18239 07/29/1998 310 9010 622.40 -10 COMPLETION OF PLANS 500.00 VENDOR TOTAL 500.00 0001085 SAFE MOVES 4 005069 07/28/1998 100 2030 523.40 -10 BIKE SAFETY EDUC. PROGRAM 300.00 VENDOR TOTAL 300.00 07/28/1998 150- 3005 532.30 -01 GENERAL PLAN MAPS 10.83 VENDOR TOTAL 10.83 PREPARED 07/30/1998, 9:12:56 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 07/31/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT NO NO NO DATE NO ITEM DESCRIPTION 0000344 SAN JOSE BLUE PRINT 0000368 SIGNAL MAINTENANCE, INC. 34604 005057 17932 07/23/1998 150- 3015 532.40 -15 INTERSECTION MAIN. 824.22 34735 005058 07/23/1998 150- 3015 532.40 -14 INTERSECTION MAIN. 540.18 34670 005059 07/23/1998 150- 3015-532.40 -14 INTERSECTION MAIN. 150.00 34671 005060 17933 07/23/1998 150- 3015 532.40 -14 INTERSECTION MAIN. 1,200.00 VENDOR TOTAL 2,714.40 0000375 SOUTH BAY METRO OFFICIALS SBMOA 698 005091 18423 07/28/1998 290 6005 564.40 -10 REFEREE FEES —ADULT SOFTBA 537.84 VENDOR TOTAL 537.84 0000382 STATE OF CALIFORNIA 005026 07/22/1998 001 0000 210.20 -01 TAX DEPOSIT 7/16/98 574.00 VENDOR TOTAL 574.00 0000716 STEVENS CREEK DODGE DOCS96856 005085 07/28/1998 001 1035-512.40 -15 LABOR PARTS #89 DODGE 1,147.49 VENDOR TOTAL 1,147.49 0000390 T.A.K.'S EQUIPMENT REPAIR 003978 005061 18156 07/23/1998 001 1035-512.40 -15 MAINTENANCE SMALL EQUIP 296.74 VENDOR TOTAL 296.74 0000591 US GAMES 273939 005103 18655 07/29/1998 290 6010 564.30 -01 PRO FOOTBALL TABLE —WHH 696.03 U849704 005105 18649 07/29/1998 290- 6010 564.30 -01 POTATO SACKS FOR CAMPS 37.27 VENDOR TOTAL 733.30 0001482 VALLEY SLURRY SEAL CO. 9216 005088 07/28/1998 150 3005 532.40 -10 97 PAVEMENT MAINT. 68,476.90 VENDOR TOTAL 68,476.90 0000715 WEST STAR DISTRIBUTING, INC 2220 005079 07/28/1998 001- 1055 513.40 -14 SIGNAL LAMP LENS 79.39 2224i7-00 005080 07/28/1998 001 1055 513.40 -14 HYDROLIC OIL 21.22 VENDOR TOTAL 100.61 0001410 WESTERN TRACTION COMPANY 1106301 005075 18442 07/28/1998 001 1035- 612.60 -05 JCB 2145 SITEMASTER 4x4x4 75,908.16 c• VENDOR TOTAL 75,908.16 EXPENDITURE HAND— ISSUED AMOUNT PREPARED 07/30/1998, 9:12:56 PROGRAM: GM339L 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 0001410 WESTERN TRACTION COMPANY 0001483 WILLDAN ASSOCIATES 003037 005102 EXPENDITURE APPROVAL LIST PAGE 6 AS OF: 07/31/1998 07/28/1998 250 4020 542.40 -10 GRADING PLAN CHECKS VENDOR TOTAL 0000440 XEROX CORPORATION 063596680 005064 18321 07/23/1998 001 1055-513.40 -30 MONTHLY LEASE 5100A 6/98 1,927.50 VENDOR TOTAL 1,927.50 0000005 ZWEIG, GAIL BOYD 1054 005036 07/23/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL TOTAL EXPENDITURES GRAND TOTAL 4,416.00 4,416.00 50.00 50.00 178,476.32 178,476.32 Subtotal TOTAL O:VANICE \CERTIFY 1 100 110 150 160 170 180 250 260 270 290 292 293 300 310 400 410 420 700 710 720 730 740 800 810 830 990 31- 1u1 -98 A/P CHECKS: A75619- A75663 A75664 A75713- A75801 GENERAL COPS -SLESF Traffic Safety Streets Roads Transit Dev Hillside Repair LLA Districts Dev Services Environmental Housing &Comm Recreation Facility Ops Theater Surcharge State Park Park Devlpmnt Library Debt Civic Cntr COP Leonard Rd Quarry Creek Heritage Prsvn Cable TV PD #2 PD #3 Deposit Agency Deferred Comp Payroll Agency SPFA PAYROLL CHECKS: B23589 -23687 B23688 -23722 $313,444.90 $30,244.59 1,858.00 1,355.00 5,863.00 5,517.00 12,776.55 36,185.11 108.00 331.26 $341,145.71 $72,784.02 $87,217.26 594.39 4,066.73 1,585.20 $81,811.66 $120.96 $343,810.45 $0.00 $0.00 $2,452.39 $0.00 $0.00 $1,355.00 $9,929.73 $7,102.20 $0.00 $48,961.66 $108.00 $0.00 $0.00 $0.00 $0.00 $0.00 $331.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $120.96 $414,050.69 Prepared by: Date: I 3/ -9 a Approved by: Date: 87,217.26 81,811.66 ,0 79. Fund Date Date Void Manual Fund Name 7/17/98 7/31/98 Checks Checks Total Subtotal TOTAL O:VANICE \CERTIFY 1 100 110 150 160 170 180 250 260 270 290 292 293 300 310 400 410 420 700 710 720 730 740 800 810 830 990 31- 1u1 -98 A/P CHECKS: A75619- A75663 A75664 A75713- A75801 GENERAL COPS -SLESF Traffic Safety Streets Roads Transit Dev Hillside Repair LLA Districts Dev Services Environmental Housing &Comm Recreation Facility Ops Theater Surcharge State Park Park Devlpmnt Library Debt Civic Cntr COP Leonard Rd Quarry Creek Heritage Prsvn Cable TV PD #2 PD #3 Deposit Agency Deferred Comp Payroll Agency SPFA PAYROLL CHECKS: B23589 -23687 B23688 -23722 $313,444.90 $30,244.59 1,858.00 1,355.00 5,863.00 5,517.00 12,776.55 36,185.11 108.00 331.26 $341,145.71 $72,784.02 $87,217.26 594.39 4,066.73 1,585.20 $81,811.66 $120.96 $343,810.45 $0.00 $0.00 $2,452.39 $0.00 $0.00 $1,355.00 $9,929.73 $7,102.20 $0.00 $48,961.66 $108.00 $0.00 $0.00 $0.00 $0.00 $0.00 $331.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $120.96 $414,050.69 Prepared by: Date: I 3/ -9 a Approved by: Date: 87,217.26 81,811.66 ,0 79. PREPARED 07/16/1998, 12:36:02 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 07/17/1998 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 0000007 AAA RESTAURANT 54748 000039 07/15/1998 001- 1060 513.40-15 INSPECTION FEE -COMM. CNTR 149.35 VENDOR TOTAL 149.35 0001123 ABAG POWER 199807B 000049 07/15/1998 001 1060-513.40 -23 BUILDINGS 3,609.00 ABAGSARATO 000046 07/15/1998 001 3030 532.40 -23 PARKS 254.00 199807 000047 07/15/1998 150- 3005 532.40 -23 STREETLIGHTS 393.00 199807A 000048 07/15/1998 150- 3015 532.40 -23 TRAFFIC SIGNS 1,465.00 199807C 000050 07/15/1998 180 3040 532.40 -23 LLA -1, ZONE VS 560.00 199807D 000051 07/15/1998 180- 3040 532.40 -23 LLA -1, ZONE 24 795.00 VENDOR TOTAL 7,076.00 0001471 BLUE GOLD FLEET 000035 07/15/1998 290 6010 564.40 -51 TKTS FOR TEEN EXCURSION 139.00 VENDOR TOTAL 139.00 0000054 BOISE CASCADE 523331 000042 07/15/1998 001 1050 513.30 -01 OFFICE SUPPLIES 108.36 565819 000043 07/15/1998 001 1050 513.30 -01 CENTRAL SUPPLIES 53.63 VENDOR TOTAL 161.99 0000717 CALIFORNIA PARK AND RECREATION 98/99 000009 07/10/1998 001 1015 511.30 -30 RENEWAL P &R COMMISSION 150.00 VENDOR TOTAL 150.00 0000682 CITY OF SARATOGA -PETTY CASH 000040 07/15/1998 290 6005 564.30-01 MISC. EXPENSES 139.28 VENDOR TOTAL 139.28 0000091 COMMONWEALTH CREDIT UNION 000054 07/16/1998 001- 0000 210.20 -01 7/16/98 PAYROLL 3,254.40 VENDOR TOTAL 3,254.40 0000092 COMP SHARED RISK POOL 000025 07/15/1998 001 0000 210.20-01 SHARED RISK POOL PREMIUM 22,546.25 VENDOR TOTAL 22,546.25 0000790 CROWLEY, JUDI GENE'S MKT 000020 07/14/1998 001 1015-511.30 -01 REIMBURSE FOOD FO 64.77 VENDOR TOTAL 64.77 r• PREPARED 07/16/1998, 12:36:02 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 07/17/1998 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 0000790 CROWLEY, JUDI 0000165 GARROD FARMS 26 000003 07/09/1998 290 6005 564.40 -10 INSTRUCTOR FEES FY 98/99 700.00 VENDOR TOTAL 700.00 0001223 GITTENS, WILLIAM 000038 07/15/1998 290- 6005 564.40 -10 REFEREE FEES 108.00 VENDOR TOTAL 108.00 0000192 HOFFMAN, ERIC 52 000006 07/09/1998 290- 6005 564.40 -10 INSTRUCTOR FEES FY 98/99 696.00 0000194 HUDTLOFF, DIANA L. 29 000007 07/09/1998 290 6005 564.40 -10 INSTRUCTOR FEES FY 98/99 1,561.95 0000197 HUMANE SOCIETY OF 798SARA 000023 898SARA 000024 798 SARA 000021 898 SARA 000022 0000213 JOBS AVAILABLE 814139 000033 0001391 KOVACH, SONIA M. t• 07/15/1998 07/15/1998 07/15/1998 07/15/1998 001 2025 523.40 -10 SHELTER SERVICE FOR 7/98 001 2025 523.40 -10 SHELTER SERVICE FOR 8/98 260 5005 552.40 -10 FIELD SERVICE FOR 7/98 260 5005 552.40 -10 FIELD SERVICE FOR 8/98 07/15/1998 001 1045 513.40 -40 OSII SECRETARY TO CM VENDOR TOTAL 696.00 VENDOR TOTAL 1,561.95 VENDOR TOTAL 8,020.00 0000201 ICMA RETIREMENT TRUST 000056 07/16/1998 001 0000 210.20 -01 7/16/98 PAYROLL 3,049.83 VENDOR TOTAL 3,049.83 0000211 JENKINS, TRACY 000034 07/15/1998 290- 6005 564.40 -10 REFEREE FEES 54.00 VENDOR TOTAL 54.00 VENDOR TOTAL 1,251.50 1,251.50 2,758.50 2,758.50 43.20 43.20 0000222 KANEN TOURS 8/24 000018 18653 07/13/1998 290- 6005 564.40 -51 SR TRIP RENO 8/24 25 1,649.50 VENDOR TOTAL 1,649.50 PREPARED 07/16/1998, 12:36:02 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 07/17/1998 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 0001391 KOVACH, SONIA M. 6/27 -7/10 000053 07/16/1998 001 1040 513.40 -10 PROF. SVCS ACCTNG DEPT. 1,740.00 VENDOR TOTAL 1,740.00 0000005 KRUMMEL, SUZANNE MISC 000017 07/13/1998 290 6005 564.30 -01 REIMBURSE CAMP SUPPLIES 35.94 VENDOR TOTAL 35.94 0001271 LOWERY, BOB 000037 07/15/1998 290 6005 564.40 -10 REFEREE FEES 54.00 VENDOR TOTAL 54.00 0000273 MEYER, GREG KAYAK ELKHORN 000031 07/15/1998 290 6005 564.40 -10 INSTRUCTOR FEES 96.00 VENDOR TOTAL 96.00 0000002 MICCICHI MASONRY 66454 000019 07/14/1998 001 1040 413.05 -00 REFUND BUSINESS LICENSE 45.00 VENDOR TOTAL 45.00 0001297 MOBILASTICS 36 000008 07/09/1998 290 6005 564.40 -10 INSTRUCTOR FEES FY 98/99 556.00 VENDOR TOTAL 556.00 0001154 NAPA VALLEY WINE TRAIN 9/3 000016 18659 07/13/1998 290- 6005 564.40 -51 SR TRIP WINE TRAIN PASSES 2,565.00 VENDOR TOTAL 2,565.00 0001472 NATIONAL FIRE PROTECTION AGENCY 0146299 000028 07/15/1998 250- 4015 542.30 -30 CITY MEMBERSHIP 115.00 0000292 NATIONAL PLAN COORDINATOR 000055 07/16/1998 001- 0000 210.20 -01 7/16/98 PAYROLL 1,835.69 0000294 NORMAN PAUL PRINT CENTER VENDOR TOTAL 115.00 VENDOR TOTAL 1,835.69 0000600 NBS- GOVERNMENT FINANCE GROUP 8113 000002 07/09/1998 420- 8020 733.70 -03 ADMINISTRATIVE FEES 331.26 VENDOR TOTAL 331.26 PREPARED 07/16/1998, 12:36:02 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 07/17/1998 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 0000294 NORMAN PAUL PRINT CENTER 981432 000045 07/15/1998 001 1050 513.40 -41 CITY MEMO'S W /LETTERHEAD 311.42 VENDOR TOTAL 311.42 0001469 PETERSON, BRIAN 000036 07/15/1998 290 6005 564.40 -10 SCOREKEEPER FEES 22.50 VENDOR TOTAL 22.50 0000323 POSTMASTER 000011 18656 07/10/1998 290-6005 564.40 -21 POSTAGE FALL GUIDE 1,650.00 VENDOR TOTAL 1,650.00 0000326 PRINCIPAL MUTUAL N75964 -1 000030 07/15/1998 001 0000 210.20 -01 LIFE INSURANCE -7/98 672.55 VENDOR TOTAL 672.55 0000593 PUB EMP RETIREMENT SYSTEM 501437 000015 07/10/1998 001 0000 210.20 -01 LONG TERM CARE 22.16 VENDOR TOTAL 22.16 0000338 ROYAL COACH TOURS 000032 18677 07/15/1998 290 6005 564.40 -51 BUS FEE FOR SR. TRIP 9/3 625.38 VENDOR TOTAL 625.38 0000099 SANTA CLARA COUNTY JULY 1998 000044 07/15/1998 001 0000 202.10 -01 BUS TICKET REIMBURSEMENT 43.00 VENDOR TOTAL 43.00 0000701 SANTA CLARA COUNTY 9821 000027 07/15/1998 001 2015 523.40 -10 LAW ENFORCEMENT SERV.7 /98 204,833.33 VENDOR TOTAL 204,833.33 0000606 SKILLPATH SEMINARS 8/10/98 000010 07/10/1998 001 1045 513.40 -01 SUPERVISING SEMINAR 199.00 VENDOR TOTAL 199.00 0001461 STATE OF CALIFORNIA 001857 000014 07/10/1998 250- 4015 542.40 -13 REFUND 845 OVERPMT 5,748.00 0000395 THE PRUDENTIAL INS. COMPANY VENDOR TOTAL 5,748.00 PREPARED 07/16/1998, 12:36:02 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 07/17/1998 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 0000395 THE PRUDENTIAL INS. COMPANY 000026 07/15/1998 001 0000 210.20 -01 DENTAL INSURANCE 7/98 2,140.85 0000398 TLC 5975 000029 07/15/1998 001- 0000 210.20 -01 SECTION 125 ADMIN. FEES 175.00 0000088 UNITED STATES POSTAL SERVICE 20990014 -7/98 000041 07/15/1998 001 1050 513.40 -21 ADD POSTAGE TO MACHINE 1,000.00 0000715 WEST STAR DISTRIBUTING, INC 199227 -00 000012 07/10/1998 221834 -00 000013 07/10/1998 001 1035 512.60 -05 580 -0 LOADER 001 1035 512.60 -05 580 -0 LOADER CREDIT VENDOR TOTAL 2,140.85 VENDOR TOTAL 175.00 VENDOR TOTAL 1,000.00 65,OS8.26 1,190.75- VENDOR TOTAL 63,867.51 0000432 WHITLINGER, TENNIS 14 000004 07/09/1998 290- 6005 564.40 -10 INSTRUCTOR FEES FY 98/99 870.00 VENDOR TOTAL 870.00 0000433 WILKINS, LARRY 50 000005 07/09/1998 290- 6005 564.40 -10 INSTRUCTOR FEES FY 98/99 1,254.00 VENDOR TOTAL 1,254.00 0000440 XEROX CORPORATION 600138437 000052 07/15/1998 001 1055 513.40 -30 JULY LEASE OF COPY EQUIPT 773.60 VENDOR TOTAL 773.60 TOTAL EXPENDITURES 341,145.71 GRAND TOTAL 341,145.71 PREPARED 7/30/98, 14:33:38 PROGRAM GM314L CITY OF SARATOGA ACCOUNTS PAYABLE BY FUND/DUE DATE PAGE 1 FUND 001 GENERAL FUND DATE VENDOR VENDOR VOUCHER INVOICE ACCOUNT DUE NO NAME NO NO NO AMOUNT 7/22/1998 5 MISCELLANEOUS VENDOR A/P 000085 001-1005-511.30-01 200.00 7/22/1998 146 ENGINEERING DATA SERVICE 000061 1980601 001-1030-511.40-10 58.29 7/22/1998 374 SOURCE SERVICES CORP. 000063 151652 001-1020-511.10-03 420.00' 7/22/1998 382 STATE OF CALIFORNIA 000065 001-0000-210.20-01 2,293.82 7/22/1998 717 CALIFORNIA PARK AND RECREATION 000066 002292 001-1045-513.40-40 60.00 7/22/1998 941 CPRS 000084 001-1045-513.30-01 55.00 7/22/1998 1475 SARATOGA PARADE COMMITTEE 000086 001-1005-511.40-70 1,000.00 7/22/1998 1477 G. NEIL COMPANIES 000064 001-1045-513.30-31 104.98 7/22/1998 TOTAL 4,192.09 CUMULATIVE TOTAL 4,192.09 7/28/1998 3 A M MOTOR SUPPLY 000102 83662 001-1035-512.30-01 23.30 7/28/1998 34 AUTOMATIC RAIN 000144 7022966-00 001-3030-532.30-01 75.13 7/28/1998 162 G. N. RENN, INC. 000143 411567 001-1035-512.30-20 587.94 000149 413204 001-1035-512.30-20 1,134.64 7/28/1998 164 GARDENLAND POWER EQUIPMENT 000101 254920 001-3030-532.30-01 50.72 7/28/1998 231 KIRK, ROBERT 000098 386800 001-1060-513.30-02 67.67 7/28/1998 294 NORMAN PAUL PRINT CENTER 000110 981492 001-1050-513.40-41 126.36 7/28/1998 306 PACIFIC BELL 000095 868-9497 001-1050-513.40-20 35.92 000096 867-8550 001-2005-521.40-20 140.28 000097 237-271-4652 001-1050-513.40-20 366.27 7/28/1998 329 PUB. EMP. RETIREMENT SYSTEM 000145 7-23-98 001-0000-210.20-01 13,268.71 7/28/1998 330 PUBLIC EMPL RETIRE FUND 000089 001-0000-210.20-01 4,831.24 7/28/1998 374 SOURCE SERVICES CORP. 000147 154489 001-1020-511.10-03 525.00 7/28/1998 388 VRS MARKING 000107 23952 001-1015-511.30-01 30.61 7/28/1998 405 TRACTOR EQUIPMENT SALE COMPANY 000109 115287-00 001-1035-512.30-01 16.50 7/28/1998 414 UNUM LIFE INS. CO. OF AMERICA 000146 7-17-98 001-0000-210.20-01 1,062.23 7/28/1998 593 PUB EMP RETIREMENT SYSTEM 000100 520442 001-0000-210.20-01 22.16 7/28/1998 665 SLAUGHTERBECK FLOORS 000088 072498 001-1040-413.05-00 55.00 7/28/1998 907 AMERICAN PUBLIC WORKS ASSOCIAT 000106 001-3030-532.30-30 450.00 7/28/1998 1391 KOVACH, SONIA M. 000148 001-1040-513.40-10 2,835.00 7/28/1998 1479 CAREER TRACK, INC 000092 001-1045-513.40-01 149.00 7/28/1998 1481 ICMA-MEMBERSHIP RENEWALS 000139 001-1020-511.30-30 198.82 7/28/1998 TOTAL 26,052.50 FUND 001 TOTAL 30,244.59 PREPARED 7/30/98, 14:33:38 PROGRAM GM314L CITY OF SARATOGA ACCOUNTS PAYABLE BY FUND/DUE DATE FUND 150 STREETS&ROADS SPEC RV FND DATE VENDOR VENDOR VOUCHER INVOICE ACCOUNT DUE NO NAME NO NO NO 7/28/1998 334 REED GRAHAM, INC. 000141 371496 000142 372268 7/28/1998 932 SPRAY MART 000108 47586 7/28/1998 1363 VELASCO, MICHELLE 000104 21 000105 13 7/28/1998 1480 CALIFORNIA SURVEYING DRAFTIN 000140 150-3005-532.30-01 150-3005-532.30-01 150-3005-532.40-10 150-3005-532.30-01 150-3005-532.30-01 150-3005-532.30-01 7/28/1998 TOTAL FUND 150 TOTAL AMOUNT 64.85 66.86 265.16 25.55 3.65 168.32 594.39 594.39 PAGE 2 PREPARED 7/30/98, 1433.38 PROGRAM GM314L CITY OF SARATOGA 7/30/1998 765 BRADLEY, HEATHER 000165 ACCOUNTS PAYABLE BY FUND/DUE DATE FUND 250 DEVELOPMENT SRV SP RV FND DATE VENDOR VENDOR VOUCHER INVOICE ACCOUNT DUE NO NAME NO NO NO 7/22/1998 146 ENGINEERING DATA SERVICE 000057 1980603 000058 1980603- 7/22/1998 294 NORMAN PAUL PRINT CENTER 000083 7/22/1998 1264 JEFFERS, JAMES A. 000059 7/28/1998 41 COATE, BARRIE D. 000090 98/926 7/28/1998 54 BOISE CASCADE 000099 703452 250-4010-542.40-40 250-4010-542.40-40 250-4015-542.30-01 250-4010-542.40-10 7/22/1998 TOTAL CUMULATIVE TOTAL 250-4010-444.02-00 250-4010-542.30-01 7/28/1998 TOTAL CUMULATIVE TOTAL 250-4010-542.30-01 7/30/1998 TOTAL FUND 250 TOTAL AMOUNT 709.79 246,73 987.37' 200.00 2,143.89 2,143.89 1,784.97 124.16 1,909.13 4,053.02 13.71 13.71 4,066.73 PAGE 3 PREPARED 7/30/98, 14:33:38 PROGRAM GM314L CITY OF SARATOGA ACCOUNTS PAYABLE BY FUND /DUE DATE FUND 260 ENVIRONMNTL PRG SP RV FND DATE VENDOR VENDOR VOUCHER INVOICE ACCOUNT DUE NO NAME NO NO NO 7/22/1998 1478 CARPENTER PRINTING 000062 53014 260 5015 552.40 -40 7/22/1998 TOTAL CUMULATIVE TOTAL 7/29/1998 179 GTE WIRELESS CUSTOMER CARE 000151 482 -8631 260 5015 552.40 -20 7/29/1998 TOTAL FUND 260 TOTAL AMOUNT 1,524.16 1,524.16 1,524.16• 61.04 61.04 1,585.20 PAGE 4 PREPARED 7/30/98, 14:33:38 PROGRAM GM314L CITY OF SARATOGA FUND 290 RECREATION SPEC REV FUND DATE VENDOR VENDOR DUE NO NAME 7/22/1998 5 MISCELLANEOUS VENDOR A/P 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/22/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 7/28/998 7/28/1998 7/28/1998 7/28/1998 7/28/1998 165 GARROD FARMS 192 HOFFMAN, ERIC 194 HUDTLOFF, DIANA L. 248 LINVILLE, DIANE 310 LONGTHON, PAULETTE 370 SKATEWORLD 408 TREVISAN, CHRISTOPHER 433 WILKINS, LARRY 589 SARATOGA LANES 1392 MAGUIRE, JOSEPH 5 MISCELLANEOUS VENDOR A/P 47 BETTS, THOMAS A. 200 ICE CHALETS, INC. 273 MEYER, GREG 359 SAXTON HEINRICHS, KIM 360 SCHARPF, PATRICIA 422 WADA, ISAO 432 WHITLINGER, TENNIS 433 WILKINS, LARRY 000133 461 GREENBROOK, GAYLE 000136 466 KUHN, BRIAN 000119 587 SKYHAWKS SPORTS ACADEMY 000129 690 STEVE SILVER PRODUCTIONS, INC 000091 1392 MAGUIRE, JOSEPH 000118 1427 SUPPORTA, LISA 000116 1464 GOLDEN GATE THEATRE GROUP SALE 000093 000094 ACCOUNTS PAYABLE BY FUND /DUE DATE VOUCHER NO 000076 000077 000078 000079 000080 000081 000082 000067 000072 7/16/98 000071 7/16/98 000075 000060 1822 000074 000070 000073 000068 000069 000120 000121 000122 000123 000124 000125 000126 000127 000128 000131 000132 000138 000134 000112 000114 000087 000113 000115 000111 000117 000135 INVOICE NO ACCOUNT NO 290 6005- 445.02 -00 290 -6005- 445.04 -00 290- 6005- 445.04 -00 290- 6005- 445.02 -00 290- 6005- 445.04 -00 290- 6005- 445.02 -00 290- 6005- 445.04 -00 290- 6005 564.40 -10 290- 6005 564.40 -10 290- 6005 564.40 -10 290- 6005 564.40 -10 290- 6005 564.40 -41 290- 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -10 7/22/1998 TOTAL CUMULATIVE TOTAL 290 6005- 445.04 -00 290 6005- 445.04 -00 290- 6005- 445.04 -00 290- 6005- 445.02 -00 290 6005- 445.04 -00 290 6005- 445.04 -00 290- 6005- 445.04 -00 290 6005- 445.02 -00 290- 6005- 445.04 -00 290 6005- 445.02 -00 290 6005- 445.02 -00 290 6005- 445.02 -00 290 6005 564.40 -10 290- 6005 564.40 -10 290 6005 564.40 -10 290- 6005 564.40 -05 290- 6005 564.40 -10 290- 6005 564.40 -10 290- 6005 564.40 -10 290 6005 564.40 -10 290- 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -10 290 6005 564.40 -51 290 6005 564.40 -10 290 6005 564.40 -10 290- 6005 564.40 -51 290- 6005 564.40 -51 7/28/1998 TOTAL CUMULATIVE TOTAL AMOUNT 94.00 99.00 104.00. 94.00 94.00 104.00 36.00 490.00 696.00 1,561.95 255.75 1,110.00 220.00 883.20 1,382.29 289.80 760.00 8,273.99 8,273.99 84.00 39.00 39.00 94.00 39.00 39.00 39.00 94.00 39.00 94.00 84.00 152.00 30.00 1,064.00 60.00 29.30 146.25 28.13 137.60 180.00 210.00 1,056.00 180.00 731.40 11,914.50 1,288.00 2,380.00 240.00 2,398.00 2,398.00 25,307.18 33,581.17 PAGE 5 Cr, PREPARED 7/30/98, 14:3338 PROGRAM GM314L CITY OF SARATOGA FUND 290 RECREATION SPEC REV FUND DATE VENDOR VENDOR VOUCHER INVOICE ACCOUNT DUE NO NAME NO NO NO 7/29/1998 7 2 9/1 9 98 7/29/1998 7/29/1998 7/29/1998 7/29/1998 7/29/1998 7/29/1998 5 MISCELLANEOUS VENDOR A/P 20 ALPINE AWARDS 409 TUCKER, BEVERLY 636 RAGING WATERS 638 KIDS KAB 641 SANTA CRUZ BEACH BOARDWALK 682 CITY OF SARATOGA-PETTY CASH 1445 GREAT AMERICA ACCOUNTS PAYABLE BY FUND/DUE DATE 000150 257 000164 000158 92138 000153 1-217116 000154 1-217118 000155 1-217141 000160 000161 000162 0082337 000163 000152 98-0892 000156 000157 000159 290-6005-564.40-51 290-6010-564.40-51 290-6005-564.30-01 290-6005-564.30-01 290-6005-564.30-01 290-6005-564.30-01 290-6005-564.30-01 290-6010-564.40-51 290-6010-564.40-10 290-6005-564.40-51 290-6010-564.40-10 290-6005-564.30-01 290-6005-564.40-51 290-6010-564.40-10 7/29/1998 TOTAL FUND 290 TOTAL AMOUNT 110.00 290.00 221.41' 41.50 41.50 41.50 80.60 389.09 290.00 225.00 290.00 52.10 9.24 522.00 2,603.94 36,185.11 PAGE 6 PREPARED 7/30/98, 14:33:38 PROGRAM GM314L CITY OF SARATOGA 7/28/1998 5 MISCELLANEOUS VENDOR A/P 000130 000137 ACCOUNTS PAYABLE BY FUND/DUE DATE FUND 292 FACILITY OPS SPEC REV FND DATE VENDOR VENDOR VOUCHER INVOICE ACCOUNT DUE NO NAME NO NO NO 292-0000-260.00-00 292-0000-260.00-00 7/28/1998 TOTAL FUND 292 TOTAL TOTAL ALL FUNDS AMOUNT 58.00 50,00 108.0g 108.00 PAGE 7 72,784.02 i User: WILLIAMSJ Host: SARASRVR Class: 192.0.0.90 Job: QSYSPRT PREPARED 07/30/1998,.14:38:55 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 07/31/1998 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 0000003 A M MOTOR SUPPLY 83662 000102 18098 07/28/1998 001 1035 512.30 -01 VEHICLE PARTS 23.30 0000005 ABC BUSES 257 000150 07/29/1998 290- 6005 -564.40 -51 BUS FEE FOR BEACH ADVENTU 110.00 0000020 ALPINE AWARDS 92138 000158 18674 07/29/1998 290- 6005 564.30 -01 TROPHIES FOR MENS BSKTBAL 221.41 0000907 AMERICAN PUBLIC WORKS ASSOCIATION 000106 07/28/1998 001- 3030 532.30 -30 MEMBERSHIP FOR P.W. ASSOC 0000034 AUTOMATIC RAIN 7022966 -00 000144 0000047 BETTS, THOMAS A. 000134 0000005 BOGART, DIANE 000123 0000054 BOISE CASCADE 703452 000099 0000765 BRADLEY, HEATHER 000165 0001480 CALIFORNIA SURVEYING DRAFTING VENDOR TOTAL 07/28/1998 001-3030 532.30 -01 LANDSCAPE MATERIALS VENDOR TOTAL 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 07/28/1998 290 6005- 445.02 -00 CAMP REFUND VENDOR TOTAL 07/28/1998 250- 4010 542.30 -01 SUPPLIES FOR PLANNING DEP VENDOR TOTAL 07/30/1998 250- 4010 542.30 -01 PARKING PERMIT MILEAGE VENDOR TOTAL 23.30 VENDOR TOTAL 110.00 VENDOR TOTAL 221.41 VENDOR TOTAL 450.00 450.00 75.13 75.13 30.00 30.00 94.00 94.00 124.16 124.16 13.71 13.71 0000717 CALIFORNIA PARK AND RECREATION 002292 000066 07/22/1998 001- 1045 513.40 -40 REC PROG. COORDINATOR AD 60.00 VENDOR TOTAL 60.00 PREPARED 07/30/1998, 14:38:55 PROGRAM: GM339L 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 0001480 CALIFORNIA SURVEYING DRAFTING 000140 07/28/1998 150- 3005 532.30 -01 DIGI ROLLER VENDOR TOTAL 0001479 CAREER TRACK, INC 000092 18683 07/28/1998 001 1045 513.40 -01 REG. FEE FOR WKSHOP 8/28 0001478 CARPENTER PRINTING 53014 000062 07/22/1998 260 5015 552.40 -40 CREEK BROCHURE PRINTING 1,524.16 0000005 CHUI, MARGARET 000125 07/28/1998 290- 6005- 445.04 -00 CLASS REFUND 0000682 CITY OF SARATOGA -PETTY CASH 000156 07/29/1998 000157 07/29/1998 0000041 COATE, BARRIE D. 98/926 000090 0000005 COX, MELANIE 000127 0000941 CPRS 0000005 DIAKO, YOICHI 000124 0000005 DOUGLASS, STEPHEN 000121 EXPENDITURE APPROVAL LIST AS OF: 07/31/1998 07/28/1998 290 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL 1,524.16 VENDOR TOTAL 290- 6005 564.30 -01 MISC ITEMS FOR CAMPS 290- 6005 564.40 -51 ESCORT LUNCH VENDOR TOTAL 07/28/1998 250- 4010- 444.02 -00 ABORIST FEES FOR JULY 98 VENDOR TOTAL 07/28/1998 290- 6005- 445.02 -00 CAMP REFUND VENDOR TOTAL 000084 07/22/1998 001- 1045 513.30 -01 1SET STUDENT SECT. LABELS VENDOR TOTAL 07/28/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL 168.32 168.32 149.00 149.00 39.00 39.00 52.10 9.24 61.34 1,784.97 1,784.97 94.00 94.00 55.00 55.00 39.00 39.00 39.00 39.00 PAGE 2 PREPARED 07/30/1998, 14:38:55 PROGRAM: GM339L 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 DOUGLASS, STEPHEN 0000005 EDWARD SIPPLE 000138 0000146 ENGINEERING DATA SERVICE 2980601 000061 07/22/1998 I980603 000057 07/22/1998 I980603- 000058 07/22/1998 0000005 FONG, SUSIE 000080 0000162 G. N. RENN, INC. 411567 000143 413204 000149 0001477 G. NEIL COMPANIES 000064 0000165 GARROD FARMS 000067 0000005 GLIEVER, LISA 000126 EXPENDITURE APPROVAL LIST AS OF: 07/31/1998 07/28/1998 290 6005- 445.02 -00 CAMP REFUND 152.00 001 1030 511.40 -10 LEGAL NOTICES 250 4010 542.40 -40 7/8/98 PL. COMM. MTNG 250- 4010 542.40 -40 7/22/98 PL. COMM. MTNG VENDOR TOTAL 152.00 58.29 709.79 246.73 VENDOR TOTAL 1,014.81 07/22/1998 290 6005- 445.04 -00 CLASS REFUND 94.00 VENDOR TOTAL 94.00 07/28/1998 001 1035 512.30 -20 GAS, DIESEL,PETR. PRODUCT 587.94 07/28/1998 001 1035 512.30 -20 GAS,DIESEL,PETRO.PRODUCTS 1,134.64 VENDOR TOTAL 1,722.58 07/22/1998 001 1045 513.30 -31 COMPLIANCE POSTERS 104.98 VENDOR TOTAL 104.98 0000164 GARDENLAND POWER EQUIPMENT 254920 000101 18100 07/28/1998 001 3030 532.30 -01 GARDENING SUPPLIES 50.72 VENDOR TOTAL 50.72 07/22/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 490.00 VENDOR TOTAL 490.00 07/28/1998 290- 6005- 445.04 -00 CLASS REFUND 39.00 VENDOR TOTAL 39.00 0001464 GOLDEN GATE THEATRE GROUP SALES 000093 18661 07/28/1998 290- 6005 564.40 -51 TICKETS FOR SR TRIP 11/1 2,398.00 000094 18666 07/28/1998 290- 6005 564.40 -51 2ND GRP. FOR SR TRIP 11/1 2,398.00 VENDOR TOTAL 4,796.00 PAGE 3 PREPARED 07/30/1998, 14:38:55 PROGRAM: GM339L CITY OF SARATOGA 0001464 GOLDEN GATE THEATRE GROUP SALES 0001445 GREAT AMERICA 000159 18672 07/29/1998 290 6010 564.40 -10 TKTS FOR AMUSEMENT PARK 0000192 HOFFMAN, ERIC 7/16/98 000072 0000194 HUDTLOFF, DIANA L. 7/16/98 000071 0000200 ICE CHALETS, INC. 000112 0001264 JEFFERS, JAMES A. 000059 0000631 KIDS KAB 0000231 KIRK, ROBERT 386800 000098 EXPENDITURE APPROVAL LIST PAGE 4 AS OF: 07/31/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT VENDOR TOTAL 0000461 GREENBROOK, GAYLE 000136 07/28/1998 290 6005 564.40 -10 INSTRUCTOR FEE 180.00 0000179 GTE WIRELESS CUSTOMER CARE 482 -8631 000151 07/29/1998 260 5015 552.40 -20 CELL PHONE CHARGES 61.04 07/22/1998 290 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 07/22/1998 290 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 0001481 ICMA- MEMBERSHIP RENEWALS 000139 07/28/1998 001 1020 511.30 -30 ICMA MEMBERSHIP RENEWAL 198.82 07/22/1998 250-4010 542.40 -10 TREE INSPECTION 7/13 -7/24 VENDOR TOTAL 000163 07/29/1998 290 6005 564.40 -51 CHARTER VANS FOR SC. CAMP VENDOR TOTAL 07/28/1998 001 1060 513.30 -02 3 OVERHEAD PROJ. BULBS VENDOR TOTAL 522.00 522.00 VENDOR TOTAL 180.00 VENDOR TOTAL 61.04 696.00 696.00 1,561.95 1,561.95 1,064.00 1,064.00 VENDOR TOTAL 198.82 200.00 200.00 225.00 225.00 67.67 67.67 PREPARED 07/30/1998, 14:38:55 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 07/31/1998 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 0000231 KIRK, ROBERT 0001391 KOVACH, SONIA M. 000148 0000466 KUHN, BRIAN 000119 0000248 LINVILLE, DIANE 000075 0000310 LONGTHON, PAULETTE 1822 000060 18658 07/22/1998 290 6005 564.40 -41 LAYOUT,DESIGN -FALL GUIDE VENDOR TOTAL 0001392 MAGUIRE, JOSEPH 000069 07/22/1998 290 6005 564.40 -10 INSTRUCTOR FEES 000118 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 0000273 MEYER, GREG 000114 0000005 MICHAEL POPEK 000164 0000005 MORSE, MADELEINE 000082 0000005 MORTON, DAYNA 000120 07/28/1998 001 1040 513.40 -10 PROF.SVCS ACCT.DEPT -7/13 VENDOR TOTAL 07/28/1998 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 07/22/1998 290- 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL VENDOR TOTAL 2,835.00 2,835.00 731.40 731.40 255.75 255.75 1,110.00 1,110.00 760.00 2,380.00 3,140.00 0000005 MCLAUGLIN, MARY LYNNE 000137 07/28/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 VENDOR TOTAL 50.00 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 60.00 VENDOR TOTAL 60.00 07/29/1998 290 6010 564.40 -51 MISC ITEMS FOR TEEN EXCUR 290.00 VENDOR TOTAL 290.00 07/22/1998 290- 6005- 445.04 -00 CLASS REFUND 36.00 VENDOR TOTAL 36.00 07/28/1998 290 6005- 445.04 -00 CLASS REFUND 84.00 PREPARED 07/30/1998, 14:38:55 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 07/31/1998 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 MORTON, DAYNA VENDOR TOTAL 84.00 0000294 NORMAN PAUL PRINT CENTER 981492 000110 07/28/1998 001 -1050 513.40 -41 P.W. BUSINESS CARDS 126.36 000083 07/22/1998 250- 4015 542.30 -01 BLDG. PERMIT DOC /RECEIPTS 987.37 VENDOR TOTAL 1,113.73 0000005 O'DONNELL, CI CI 000130 07/28/1998 292- 0000 260.00 -00 BLDG.RENTAL DEPOSIT REFND 58.00 VENDOR TOTAL 58.00 0000005 OLSEN, CRAIG 000079 07/22/1998 290- 6005- 445.02 -00 CLASS REFUND 94.00 VENDOR TOTAL 94.00 0000306 PACIFIC BELL 868 -9497 000095 07/28/1998 001 1050 513.40 -20 SR CENTER ALARMS 35.92 237 271 -4652 000097 07/28/1998 001 1050 513.40 -20 SUPERTRUNK 7/7/98 366.27 867 -8550 000096 07/28/1998 001 2005 521.40 -20 EMERGENCY RESPONSE 140.28 VENDOR TOTAL 542.47 0000005 PAVLEY, NANCY 000081 07/22/1998 290- 6005- 445.02 -00 CLASS REFUND 104.00 VENDOR TOTAL 104.00 0000593 PUB EMP RETIREMENT SYSTEM 520442 000100 07/28/1998 001 0000 210.20 -01 LONG TERM CARE CORY /BRADL 22.16 VENDOR TOTAL 22.16 0000329 PUB. EMP. RETIREMENT SYSTEM 7 -23-98 000145 07/28/1998 001- 0000 210.20 -01 HEALTH INS. PREM. 8/98 13,268.71 VENDOR TOTAL 13,268.71 00003301 PUBLIC EMPL RETIRE FUND 000089 07/28/1998 001 0000 210.20 -01 PERK P/R ENDING 7/16/98 4,831.24 VENDOR TOTAL 4,831.24 0000636 RAGING WATERS 0082337 000162 18670 07/29/1998 290- 6010 564.40 -10 20 TICKETS FOR WATERSLIDE 290.00 VENDOR TOTAL 290.00 PREPARED 07/30/1998, 14:38:55 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE NO NO NO DATE 0000636 RAGING WATERS 0000334 REED GRAHAM, INC. 371496 000141 372268 000142 0000005 RENO, KIM 000078 0000005 REYNOLDA, EILEEN 000077 07/28/1998 07/28/1998 07/22/1998 07/22/1998 0000005 RUKHALA MONUMENT CO. 000085 07/22/1998 0000641 SANTA CRUZ BEACH BOARDWALK 98 -0892 000152 18671 07/29/1998 0000589 SARATOGA LANES 000068 07/22/1998 0001475 SARATOGA PARADE COMMITTEE 000086 07/22/1998 0000359 SAXTON HEINRICHS, KIM 000087 07/28/1998 0000360 0000370 SKATEWORLD SCHARPF, PATRICIA 000113 000115 07/28/1998 07/28/1998 EXPENDITURE APPROVAL LIST PAGE 7 AS OF: 07/31/1998 ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO DESCRIPTION AMOUNT 150 3005 532.30 -01 STREET REPAIR PRODUCTS 150 3005 532.30 -01 STREET REPAIR PRODUCTS 290 6005- 445.04 -00 CLASS REFUND 290 6005 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL 001- 1005 511.30 -01 CONTRIBU. ROUTE 85 MEMORL VENDOR TOTAL 290 6010 564.40 -10 PARK WRISTBANDS FOR CAMP VENDOR TOTAL 290 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 001 1005 511.40 -70 98 SARATOGA PARADE SUPP. VENDOR TOTAL 290 6005 564.40 -05 MILEAGE FOR JULY 98 VENDOR TOTAL 290 6005 564.40 -10 INSTRUCTOR FEE 290- 6005 564.40 -10 INSTRUCTOR FEE 64.85 66.86 131.71 104.00 104.00 99.00 99.00 200.00 200.00 290.00 290.00 289.80 289.80 1,000.00 1,000.00 29.30 29.30 146.25 28.13 VENDOR TOTAL 174.38 PREPARED 07/30/1998, 14:38:55 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM339L AS OF: 07/31/1998 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 0000370 SKATEWORLD 000074 07/22/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 220.00 VENDOR TOTAL 220.00 0000587 SKYHAWKS SPORTS ACADEMY 000129 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 11,914.50 VENDOR TOTAL 11,914.50 0000665 SLAUGHTERBECK FLOORS 072498 000088 07/28/1998 001 1040 413.05 -00 BUSINESS LICENSE REFUND 55.00 VENDOR TOTAL 55.00 0000374 SOURCE SERVICES CORP. 151652 000063 07/22/1998 001 1020 511.10 -03 J.DANIELS SALARY 7/7 -7/10 420.00 154489 000147 07/28/1998 001 1020 511.10 -03 TEMP. OFFICE SUPPORT 525.00 VENDOR TOTAL 945.00 0000932 SPRAY MART 47586 000108 07/28/1998 150- 3005 532.40 -10 REPAIRS TO PAINT SPRAYER 265.16 VENDOR TOTAL 265.16 0000005 SRIVATSA, ANJALIA 000076 07/22/1998 290 6005- 445.02 -00 CLASS REFUND 94.00 VENDOR TOTAL 94.00 0000382 STATE OF CALIFORNIA 000065 07/22/1998 001 0000 210.20 -01 TAX DEPOSIT 7/16/98 2,293.82 VENDOR TOTAL 2,293.82 0000690 STEVE SILVER PRODUCTIONS, INC 000091 18678 07/28/1998 290- 6005-564.40 -51 TICKETS FOR SR TRIP 12/10 1,288.00 VENDOR TOTAL 1,288.00 0000005 STRONG, ALLAN 000122 07/28/1998 290- 6005- 445.04 -00 CLASS REFUND 39.00 VENDOR TOTAL 39.00 0001427 SUPPORTA, LISA 000116 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 240.00 VENDOR TOTAL 240.00 PREPARED 07/30/1998, 14:38:55 PROGRAM: GM339L 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 0001427 SUPPORTA, LISA 0000005 TALLMAN, KRISTY 000128 07/28/1998 290 6005- 445.04 -00 CLASS REFUND 39.00 0000405 TRACTOR EQUIPMENT SALE COMPANY 115287 -00 000109 07/28/1998 001 1035 512.30 -01 DRAIN COCK 16.50 0000408 TREVISAN, CHRISTOPHER 000070 07/22/1998 290 6005 564.40 -10 INSTRUCTOR FEES 883.20 0000409 TUCKER, BEVERLY 1- 217116 000153 18675 1- 217118 000154 18675 1- 217141 000155 18675 000160 000161 0000414 UNUM LIFE INS. CO. OF AMERICA 7 -17 -98 000146 07/28/1998 001- 0000 210.20 -01 LTD INSURANCE 8 -98 1,062.23 0000005 UYESUGI, ILENE 000131 0001363 VELASCO, MICHELLE 21 000104 13 000105 0000381 VRS MARKING 23952 000107 0000422 WADA, ISAO 000111 07/29/1998 07/29/1998 07/29/1998 07/29/1998 07/29/1998 EXPENDITURE APPROVAL LIST PAGE 9 AS OF: 07/31/1998 290 6005 564.30 -01 CAMPGROUND RESERV. FEES 290 6005 564.30 -01 CAMPGROUND RESERV. FEES 290 6005 564.30 -01 CAMPGROUND RESERV. FEES 290 6005 564.30 -01 MISC ITEMS FOR CAMPS 290 6010 564.40 -51 MISC ITEMS FOR CAMPS 07/28/1998 290- 6005- 445.02 -00 CAMP REFUND VENDOR TOTAL 07/28/1998 150- 3005 532.30 -01 PURCHASE OF 7 MAILING BXS 07/28/1998 150 3005 532.30 -01 PURCHASE OF 1 SHIPPING BX VENDOR TOTAL 07/28/1998 001 1015 511.30 -01 NAMEPLATE FOR CHUCK PAGE VENDOR TOTAL 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 39.00 VENDOR TOTAL 16.50 VENDOR TOTAL 883.20 VENDOR TOTAL 594.19 VENDOR TOTAL 1,062.23 VENDOR TOTAL 41.50 41.50 41.50 80.60 389.09 94.00 94.00 25.55 3.65 29.20 30.61 30.61 137.60 137.60 PREPARED 07/30/1998, 14:38:55 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 10 AS OF: 07/31/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000422 WADA, ISAO 0000005 WAN, ANNA 000132 07/28/1998 290- 6005-445.02 -00 CAMP REFUND 84.00 VENDOR TOTAL 84.00 0000432 WHITLINGER, TENNIS 000117 07/28/1998 290 6005 564.40 -10 INSTRUCTOR FEE 180.00 000135 07/28/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 210.00 VENDOR TOTAL 390.00 0000433 WILKINS, LARRY 000073 07/22/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 1,382.29 000133 07/28/1998 290 6005 564.40 -10 INSTRUCTOR FEE 1,056.00 VENDOR TOTAL 2,438.29 TOTAL EXPENDITURES 72,784.02 GRAND TOTAL 72,784.02 'User: WILLIAMSJ Host: SARASRVR Class: 192.0.0.90 Job: QSYSPRT EXECUTIVE SUMMARY NO. MEETING DATE: August 5, 1998 ORIGINATING DEPT: OFFICE 0 f 4 E CITY MANAGER SUBJECT: Renewal of Animal Licensing Agreement with The Humane Society of Santa Clara Valley. RECOMMENDED MOTION(S): Authorize the City Manager to execute the agreement with the Humane Society of Santa Clara Valley for licensing services. REPORT SUMMARY: SARATOGA CITY COUNCIL Paula Reeve, Administrative Analyst The Cities of Campbell, Cupertino, Milpitas, Monte Sereno, San Jose, Saratoga, Sunnyvale, and the Town of Los Gatos executed a one year contract from July 1, 1997, through June 30, 1998, with the Humane Society of Santa Clara Valley to provide animal licensing services. In preparation for this year's renewal, the Humane Society has recommended several changes to the existing Animal Licensing Agreement. City Attorney Mike Riback has reviewed the proposed changes and found them to be legally acceptable. These changes include the following: 1. Section 2, Term: The existing contract requires the participating Cities of Campbell, Santa Clara, San Jose, Milpitas, Monte Sereno, Saratoga and the Town of Los Gatos (City Unit) to renew the agreement annually. The proposed language does not require the jurisdictions to go through this exercise every year, but instead contains an escape clause. 2. Sections 6(E),11 12, Withdrawal: The original language gave the cities a very limited amount of time to react to the withdrawal of one or more jurisdictions. Therefore, the language has been changed to reflect that a minimum 30 day prior written notice shall be given to the Humane Society and each city before a jurisdiction may withdrawal from the contract. This will allow The Humane Society and the City Unit enough time to coordinate the effective date of withdrawal, and the resulting increased Unit Charges.. 3. The only other change reflects the addition of the City of Cupertino to the contract. FISCAL IMPACTS: The formula utilized to develop the Humane Society's operating costs for licensing services remains unchanged. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City of Saratoga would be required to contract for animal licensing services with a separate provider, and would loose the economies of scale derived from participating in the joint animal licensing contract with other jurisdictions in Santa Clara County. FOLLOW UP ACTIONS: A copy of the signed agreement will be forwarded to The Humane Society of Santa Clara Valley. ATTACHMENT: 1. The Humane Society Animal Licensing Agreement Among the Cities of Milpitas, Santa Clara, San Jose, Campbell, Cupertino, Monte Sereno, Saratoga and the Town of Los Gatos. ANIMAL LICENSING AGREEMENT AMONG THE HUMANE SOCIETY OF SANTA CLARA VALLEY, THE CITY OF MILPITAS, THE CITY OF SANTA CLARA, THE CITY OF SAN JOSE, THE CITY OF CAMPBELL, THE CITY OF CUPERTINO, THE TOWN OF LOS GATOS, THE CITY OF MONTE SERENO, AND THE CITY OF SARATOGA TABLE OF CONTENTS Page RECITALS 1 SECTION 1. PURPOSE 2 SECTION 2. TERM 2 SECTION 3. NAME OF LICENSING PROGRAM 2 SECTION 4. SERVICES PROVIDED 2 SECTION 5. ANIMAL LICENSING RESOURCES AND PROGRAM COSTS 3 SECTION 6. PROGRAM FUNDING 4 SECTION 7. INCENTIVE PAYMENT 6 SECTION 8. DISBURSEMENT OF EXCESS FEES AND QUARTERLY REPORTING 6 SECTION 9. PAYMENTS 7 SECTION 10. NEW PARTIES TO THIS AGREEMENT 7 SECTION 11. CITY UNIT MEMBERS WITHDRAWING 8 SECTION 12. TERMINATION OF AGREEMENT 8 SECTION 13. SEGREGATED PROGRAM FUNDS AND DUTY TO MAINTAIN RECORDS 9 SECTION 14. ASSIGNMENT 9 SECTION 15. INDEPENDENT CONTRACTOR RELATIONSHIP /NO EMPLOYEE BENEFITS 10 SECTION 16. INDEMNIFICATION 10 SECTION 17. INSURANCE 10 SECTION 18. NONDISCRIMINATION 10 SECTION 19. GIFTS 11 SECTION 20. COMMUNICATIONS 11 SECTION 21. GOVERNING LAW 11 SECTION 22. VENUE 11 SECTION 23. COMPLIANCE WITH ALL LAWS 11 SECTION 24. OWNERSHIP OF MATERIALS 12 SECTION 25. WAIVER 12 SECTION 26. CONFLICT OF INTEREST 12 SECTION 27. MISCELLANEOUS 12 EXHIBIT "A" 1 EXHIBIT "B" 1 EXHIBIT "C" 1 ANIMAL LICENSING AGREEMENT AMONG THE HUMANE SOCIETY OF SANTA CLARA VALLEY, THE CITY OF MILPITAS, THE CITY OF SANTA CLARA, THE CITY OF SAN JOSE, THE CITY OF CAMPBELL, THE CITY OF CUPERTINO, THE TOWN OF LOS GATOS, THE CITY OF MONTE SERENO, AND THE CITY OF SARATOGA THIS AGREEMENT is hereby made and entered into this 1st day of July, 1998 (the "EFFECTIVE DATE by and among the HUMANE SOCIETY of Santa Clara Valley, a California non- profit public benefit corporation (hereinafter "HUMANE SOCIETY the CITY OF MILPITAS, a municipal corporation (hereinafter "MILPITAS the CITY OF SANTA CLARA, a municipal corporation (hereinafter "SANTA CLARA"), the CITY OF SAN JOSE, a municipal corporation (hereinafter "SAN JOSE the CITY OF CAMPBELL (hereinafter "CAMPBELL the CITY OF CUPERTINO (hereinafter "CUPERTINO the TOWN OF LOS GATOS (hereinafter "LOS GATOS"), the CITY OF MONTE SERENO (hereinafter "MONTE SERENO"), and the CITY OF SARATOGA (hereinafter "SARATOGA MILPITAS, SANTA CLARA, SAN JOSE, CAMPBELL, CUPERTINO, LOS GATOS, MONTE SERENO, and SARATOGA are sometimes hereinafter referred to collectively as "CITY UNIT." RECITALS WHEREAS, MILPITAS, SANTA CLARA, and SAN JOSE, previously have entered into an Animal Licensing Agreement among themselves and the HUMANE SOCIETY, dated June 25,1996; and WHEREAS, Section 10 of that Animal Licensing Agreement, contemplates the addition of new parties to the agreement; and WHEREAS, the COUNTY OF SANTA CLARA (hereinafter "COUNTY has ceased the provision of all animal licensing services to the incorporated cities located within the COUNTY; and WHEREAS, SAN JOSE has maintained the personnel, equipment and materials needed to provide certain animal licensing services to its residents and those of the other Cities within the CITY UNIT; and WHEREAS, to achieve a substantial reduction in operating costs while maintaining existing service levels, CITY UNIT desires HUMANE SOCIETY to provide certain animal licensing services to the residents of CITY UNIT under the terms and conditions set forth below. NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Animal Licensing Agreement Page 1 of 22 Rev.07 /01 /98 SECTION 1. PURPOSE. The purpose of this AGREEMENT is to set forth the manner in which HUMANE SOCIETY shall provide certain animal licensing services to CITY UNIT and to replace that Animal Licensing Agreement among MILPITAS, SANTA CLARA, SAN JOSE and the HUMANE SOCIETY, dated June 25,1996. SECTION 2. TERM. The term of this AGREEMENT shall be in effect from the EFFECTIVE DATE until terminated as defined in either Section 6(E) or Section 12. SECTION 3. NAME OF LICENSING PROGRAM. The licensing services program shall be named the "South Bay Animal Licensing Program" (hereinafter the "PROGRAM SECTION 4. SERVICES PROVIDED. HUMANE SOCIETY shall provide the following animal licensing services (hereinafter the "SERVICES to the residents of CITY UNIT in the same manner and to the same degree for each City within the CITY UNIT: A. Maintain current dog and cat licensing and /or registration files, including without limitation, dog and cat licenses and /or registrations issued and delinquent renewals. B. Issue new and renewal dog licenses and /or dog license tags to dog owners who fulfill the applicable dog license application requirements, all as may be required by applicable laws and ordinances. C. Issue new and renewal cat licenses and /or cat license tags and /or cat registrations to cat owners who fulfill the applicable cat license application and /or registration requirements, if any, all as may be required by applicable laws and ordinances. D. Answer licensing questions by telephone, mail or in person and refer other animal control questions to the appropriate agency. E. Establish a service desk at the HUMANE SOCIETY, 2530 Lafayette Street, Santa Clara, California, or such other location which HUMANE SOCIETY may designate from time to time, where persons may apply for a dog or cat license and /or registration, or other animal license or registration as may be required by applicable laws or ordinances. HUMANE SOCIETY may designate another location for the service desk which is central to the residents of CITY UNIT. HUMANE SOCIETY may establish procedures whereby persons may apply for or renew Animal Licensing Agreement Page 2 of 22 Rev.07 /01 /98 licenses for dogs, cats or other animals through the mail. If HUMANE SOCIETY establishes a mailing procedure, then HUMANE SOCIETY shall provide license applications to CITY UNIT and each city of CITY UNIT may designate and maintain locations in its city where persons may obtain these license applications at no cost to the person. HUMANE SOCIETY may distribute license applications to veterinary offices and pet shops and at other appropriate locations. SECTION 5. ANIMAL LICENSING RESOURCES AND PROGRAM COSTS. A. The HUMANE SOCIETY shall be responsible for hiring the personnel, leasing the office space, and purchasing or leasing the materials, supplies, furniture, and telecommunications, postal, and other equipment (excepting only computers, printers and software identified in paragraph B, below) reasonably necessary to provide the SERVICES listed in SECTION 4. All costs reasonably necessary to provide the SERVICES, including the maintenance, repair and upgrade of the computer hardware and software identified in B, below, shall be the PROGRAM COSTS. The HUMANE SOCIETY may use the PROGRAM COSTS to calculate the UNIT CHARGES, discussed below in SECTION 7. In addition, it is presumed that the PROGRAM COSTS include but are not necessarily limited to: 1. The DIRECT COSTS which are attributable to the PROGRAM, such as the cost for personnel, license tags, renewal mailer forms, supplies, utilities, rent, postage and telecommunications; 2. The PROGRAM'S share of the HUMANE SOCIETY'S Management and General Cost Allocation; and 3. A REINVESTMENT PAYMENT. The REINVESTMENT PAYMENT shall be 3.5% of the total of DIRECT COSTS and the PROGRAM'S share of the HUMANE SOCIETY'S Management and General Cost Allocation. The REINVESTMENT PAYMENT shall be fixed at the time the OPERATING BUDGET is accepted in accordance with SECTION 7. The REINVESTMENT PAYMENT shall be used by the HUMANE SOCIETY for reinvestment in the CITY UNIT's Animal Licensing and Animal Services operations pursuant to Section 30652 of the California Food and Agricultural Code. B. Use of SAN JOSE Computer Hardware and Software. 1. SAN JOSE shall allow the HUMANE SOCIETY to use SAN JOSE's computer equipment and software, as set forth in EXHIBIT "A" entitled "SAN JOSE's COMPUTER EQUIPMENT" for the purpose of providing SERVICES for so long as the HUMANE SOCIETY provides SERVICES to SAN JOSE under this AGREEMENT. 2. HUMANE SOCIETY shall use all reasonable care, skill and caution in operating, using and maintaining SAN JOSE's COMPUTER EQUIPMENT. Animal Licensing Agreement Page 3 of 22 Rev.07 /01 /98 3. SAN JOSE shall pay for ordinary, routine maintenance, repairs and hardware /software upgrades to SAN JOSE's COMPUTER EQUIPMENT. HUMANE SOCIETY shall promptly report to SAN JOSE the need for any such maintenance, repairs, or hardware /software upgrades to SAN JOSE'S COMPUTER EQUIPMENT. HUMANE SOCIETY shall reimburse SAN JOSE for the costs of any maintenance, repairs or hardware /software upgrades at the time of the final disbursement of PROGRAM FEES in excess of UNIT CHARGES in accordance with SECTION 9, below, only if the UNIT CHARGES collected cover HUMANE SOCIETY's necessary and reasonable costs incurred to provided the SERVICES. 4. HUMANE SOCIETY shall pay to SAN JOSE any costs and expenses for any maintenance or repairs necessitated by HUMANE SOCIETY's abusive, unsafe or otherwise inappropriate or improper use of SAN JOSE'S COMPUTER EQUIPMENT within thirty (30) days of the date of an invoice from SAN JOSE for the payment of these costs or expenses. 5. HUMANE SOCIETY and SAN JOSE shall meet at least once every twelve (12) months to conduct an inventory and inspection of SAN JOSE'S COMPUTER EQUIPMENT. SECTION 6. PROGRAM FUNDING. A. Service Units. The PROGRAM'S SERVICE UNITS are a sum of 1. The license renewals which are sent out by the HUMANE SOCIETY and returned by residents with payments; and The new license applications submitted by residents with payments and processed by the HUMANE SOCIETY. B. Base Volume. The PROGRAM'S BASE VOLUME for the next fiscal year is equal to the total number of SERVICE UNITS projected for the end of the year at the time the proposed annual operating budget is presented in accordance with SECTION 6.D. below. C. Unit Charges. A unit charge shall be and include the amount that each city of CITY UNIT shall be charged by the HUMANE SOCIETY for each of the PROGRAM'S SERVICE UNITS generated by their residents. The HUMANE SOCIETY shall establish annually two unit charges at the time the operating budget is presented in accordance with SECTION 6D below. The two UNIT CHARGES shall be the BASE VOLUME UNIT CHARGE and the EXCESS BASE VOLUME UNIT CHARGE. 1. Base Volume Unit Charge. The BASE VOLUME Unit Charge is the per SERVICE UNIT charge which if the HUMANE SOCIETY achieves the BASE VOLUME in SERVICE UNITS by the end of the year, all of the PROGRAM COSTS contained in the adopted annual OPERATING BUDGET will be recovered. Animal Licensing Agreement Rev.07 /01 /98 Page 4 of 22 2. Exceed Base Volume Unit Charge. The EXCEED BASE VOLUME Unit Charge is the per SERVICE UNIT charge which each City of CITY UNIT shall pay when the number of SERVICE UNITS generated for the entire CITY UNIT in a given fiscal year exceeds the BASE VOLUME. D. Presentation of the Annual Operating Budget and Unit Charges. On or before May 31 of each year, HUMANE SOCIETY shall provide each city of CITY UNIT with a projected operating budget, including without limitation personnel expenses, an estimate of projected revenue from SERVICE UNITS for the upcoming fiscal year, the BASE VOLUME UNIT CHARGE and the EXCEED BASE VOLUME UNIT CHARGE to be used during the next fiscal year, the direct costs attributable to the PROGRAM, and a Management and General Cost Allocation using the same methodology as the main "Animal Services Agreement" with the CITY UNIT. The projected operating budget shall be based on ending the upcoming fiscal year with the same number of total licenses in the data base for each CITY UNIT member as projected for the end of the current fiscal year when the projected operating budget is presented. HUMANE SOCIETY may adjust the operating budget, including personnel expenses, from time to time as may be reasonably required in HUMANE SOCIETY's determination, provided that any such adjustment shall not have a significant adverse impact on the SERVICES provided to the residents of CITY UNIT. E. Withdrawal Adjustment. Notwithstanding SECTION 12 below, if a city of CITY UNIT decides to withdraw from this AGREEMENT after HUMANE SOCIETY presents to CITY UNIT the unit charges for the upcoming fiscal year for certain PROGRAM SERVICE UNITS set forth in SECTION 6, and before the next July 31, then: Animal Licensing Agreement Page 5 of 22 Rev.07 /01 /98 1. On or before the next June 30, the withdrawing city of CITY UNIT shall give at least thirty (30) days' prior written notice to HUMANE SOCIETY and the other cities of CITY UNIT of: a. Its decision to withdraw from this AGREEMENT; and b. The effective date of its decision, which date shall be on or before the next June 30; and 2. On or before the next June 30 following its receipt of the notice of withdrawal, HUMANE SOCIETY shall present to CITY UNIT revised UNIT CHARGES for PROGRAM SERVICE UNITS adjusted to reflect the withdrawal of the withdrawing city. The revised unit charges shall become effective on July 1 and remain in effect until the end of that fiscal year. SECTION 7. INCENTIVE PAYMENT. As an incentive payment, the HUMANE SOCIETY shall receive 25% of any positive difference when for each city of CITY UNIT, AMOUNT A, defined below, is subtracted from AMOUNT B, defined below. If for any given city of CITY UNIT, there is no positive difference between AMOUNT A and AMOUNT B, there is no incentive payment. Any incentive payment received by the HUMANE SOCIETY shall be used by the HUMANE SOCIETY for reinvestment in THE PROGRAM pursuant to Section 30652 of the California Food and Agricultural Code. For any city of CITY UNIT, AMOUNT A is the city's planned total PROGRAM revenues from SERVICE UNITS minus the city's planned total BASE VOLUME Unit Charges from SERVICE UNITS for the upcoming fiscal year presented with the operating budget. For any city of CITY UNIT, AMOUNT B is the city's PROGRAM revenues from SERVICE UNITS, minus the city's paid UNIT CHARGES from SERVICE UNITS for the fiscal year just completed. SECTION 8. DISBURSEMENT OF EXCESS FEES AND QUARTERLY REPORTING. A. The fiscal year for the PROGRAM shall begin on July 1 and end on June 30 of each year. The fiscal quarter shall end, respectively, on September 30, December 31, March 31 and June 30 of each year. B. Disbursement of Excess PROGRAM Fees. If the cumulative aggregate amount of fees received from PROGRAM SERVICE UNITS from the residents of a city of CITY UNIT exceeds the UNIT CHARGES charged to the city as set forth in SUBSECTION 6C, above, HUMANE SOCIETY shall disburse that excess amount to the city quarterly with the quarterly combined activity report and income statement discussed in SECTION 8C, below. For the last quarterly report of the fiscal year or the June 30 report, the HUMANE SOCIETY may retain any incentive payments earned in calculating the final quarterly disbursement amount. C. Quarterly Reporting. The HUMANE SOCIETY shall submit a quarterly combined activity report and income statement for the PROGRAM to each city of CITY UNIT. These reports shall be submitted to CITY UNIT within thirty (30) days following the end of a fiscal year quarter, except for the last quarter which shall be due within thirty (30) days of when HUMANE SOCIETY closes the PROGRAM's books after the end of the fiscal year. The quarterly report shall include the following year -to -date information for each city, as of the end of each quarter in a format similar to the one set forth in Exhibit "B" entitled South Bay Y -T -D Financial Report. 1. The total number of SERVICE UNITS generated. If the total number of SERVICE UNITS generated for the CITY UNIT exceeds the BASE VOLUME, the HUMANE SOCIETY shall show the number in each category for each city. 2. The total PROGRAM revenue collected. Animal Licensing Agreement Page 6 of 22 Rev.07 /01 /98 3. The total UNIT CHARGES charged at or below the BASE VOLUME and above the BASE VOLUME. 4. The PROGRAM fees collected over UNIT CHARGES, the amount already reimbursed in previous quarters and the amount to be reimbursed for the immediately preceding quarter. 5. The final quarterly report shall include a statement of incentive payment deductions from the final quarterly payment. SECTION 9. PAYMENTS. A. Payments to HUMANE SOCIETY. Payments to HUMANE SOCIETY from each city of CITY UNIT shall be due and payable within thirty (30) days from the date of invoice from HUMANE SOCIETY. Payments from a city of CITY UNIT that are not received by HUMANE SOCIETY within said thirty (30) day period, shall be deemed delinquent without demand or notice to the city involved. Five percent (5 of any and all delinquent amounts owed to HUMANE SOCIETY will be added as a late payment penalty to the original payment amount and will be payable to HUMANE SOCIETY together with the delinquent payment. If HUMANE SOCIETY is owed an amount under this AGREEMENT by a city and the amount is delinquent, HUMANE SOCIETY may deduct amounts owed to HUMANE SOCIETY by that city under this AGREEMENT from any payment HUMANE SOCIETY makes to that city under this AGREEMENT. B. Payments from HUMANE SOCIETY. HUMANE SOCIETY shall make ongoing quarterly disbursements of excess PROGRAM fees collected over UNIT CHARGES within thirty (30) days of the close of a quarter, except that the final quarterly and annual clean -up payment shall be within thirty (30) days of when the HUMANE SOCIETY closes the PROGRAM's books for the fiscal year just completed. SECTION 10. NEW PARTIES TO THIS AGREEMENT. The HUMANE SOCIETY may provide the SERVICES to other cities who become parties to this AGREEMENT and accept all of the terms and conditions of this AGREEMENT in force at the time the CITY UNIT becomes a party to this AGREEMENT. Cities who wish to join and participate in this AGREEMENT shall be charged the additional direct costs incurred by HUMANE SOCIETY to incorporate the city into the PROGRAM when the expenditures primarily benefit the joining city. Otherwise, PROGRAM costs incurred shall be shared by HUMANE SOCIETY and CITY UNIT, including the joining city, in accordance with the terms and provisions of this AGREEMENT. Animal Licensing Agreement Page 7 of 22 Rev.07 /01 /98 SECTION 11. CITY UNIT MEMBERS WITHDRAWING. Any city of CITY UNIT shall have the right to withdraw from this AGREEMENT, without cause, by giving not less than sixty (60) days written notice to HUMANE SOCIETY and the other cities of CITY UNIT. Withdrawal by a city of CITY UNIT shall not terminate this AGREEMENT, as to the HUMANE SOCIETY and the other cities of CITY UNIT. PROGRAM fees collected in excess of UNIT CHARGES for the withdrawing city through the effective date of the withdrawal will be paid to the withdrawing city with the next quarterly payment. The calculation for an INCENTIVE PAYMENT shall be made based on the year -to -date performance at the time the withdrawing city leaves the PROGRAM. If an INCENTIVE PAYMENT has been earned, it shall be deducted from the next quarterly payment. SECTION 12. TERMINATION OF AGREEMENT. A. This AGREEMENT may be terminated upon the occurrence of any of the following events: 1. Upon written consent of both the CITY UNIT and the HUMANE SOCIETY. 2. By either the CITY UNIT or the HUMANE SOCIETY immediately upon notice to the other if the other breaches any material obligation under this AGREEMENT and such breach remains for at least thirty (30) days following written notice thereof to the breaching party. 3. Immediately upon written notice by the CITY UNIT to HUMANE SOCIETY, if HUMANE SOCIETY has a receiver appointed for all or substantial part of its business or assets, if the HUMANE SOCIETY is named as a debtor in a proceeding in the United States Bankruptcy Court or if HUMANE SOCIETY ceases its non profit operations. 4. Upon at least sixty (60) days' prior written notice by CITY UNIT to HUMANE SOCIETY of its desire to terminate this AGREEMENT without cause. B. Upon the effective date of any termination of this AGREEMENT, HUMANE SOCIETY's obligation to provide SERVICES to CITY UNIT under this AGREEMENT shall cease and CITY UNIT's obligation for the HUMANE SOCIETY to retain UNIT CHARGES for SERVICE UNITS processed after the effective date of the termination shall cease, provided the parties shall have any and all remedies available under law for any breach of this AGREEMENT and may renegotiate a new AGREEMENT for the provision of Animal Licensing Services. C. In the event the contract is terminated by CITY UNIT for the convenience of CITY UNIT before the completion date (June 30, 1998), HUMANE SOCIETY will be reimbursed for termination costs of commitments made in good faith to accomplish this AGREEMENT. These costs may include, but are not limited to, non recoverable lease commitments for office space and equipment. HUMANE SOCIETY SHALL follow prudent, business practices in negotiating leases and shall not be bound to negotiate leases coterminous with this AGREEMENT. Animal Licensing Agreement Page 8 of 22 Rev.07 /01 /98 D. Any termination costs incurred as set forth in Section 12B, will be reimbursed to the extent possible through a deduction from the final reimbursement of PROGRAM FEES in excess of UNIT CHARGES collected as of the effective date of the termination. SECTION 13. SEGREGATED PROGRAM FUNDS AND DUTY TO MAINTAIN RECORDS. A. HUMANE SOCIETY shall account for and maintain adequate records to separately record and track all licensing fees, refunds to residents, quarterly payments to CITY UNIT members and funds transferred to reimburse the HUMANE SOCIETY general fund for HUMANE SOCIETY costs associated with the PROGRAM. The HUMANE SOCIETY shall maintain accurate records of all revenues and expenses of the PROGRAM including any transactions to and from the PROGRAM bank account all in accordance with generally accepted accounting principals. B. HUMANE SOCIETY shall keep for a minimum period of three (3) years from the termination date of the AGREEMENT, or such longer period as may be required by law, itemized and detailed work records, ledgers, books of accounts, invoices, vouchers, canceled checks and other documents evidencing or relating to the performance of the SERVICES and revenues and expenses for the PROGRAM. C. Any documents required to be maintained by the HUMANE SOCIETY pursuant to this AGREEMENT shall be made available to the CITY UNIT for inspection or audit at any reasonable time during regular business hours upon written requests by CITY UNIT, or its designated representatives, during the term of this AGREEMENT. Unless an alternative is mutually agreed upon by the parties hereto, the records shall be available at the HUMANE SOCIETY's address indicated for receipt of notices in this AGREEMENT. Upon request, HUMANE SOCIETY shall provide copies of such documents to the CITY UNIT for inspection at the City Hall designated by the CITY UNIT, when it is practical to do so. D. If the CITY UNIT has reason to believe that any of the HUMANE SOCIETY's documents relating to this AGREEMENT may be lost or discarded due to a dissolution, or cessation of the HUMANE SOCIETY corporation or its operation, the CITY UNIT may, by written request by the CITY. UNIT, or its designated representatives, require that custody of copies of the records maintained by the HUMANE SOCIETY for the PROGRAM and SERVICES be given to the CITY UNIT. At the discretion of the CITY UNIT, these documents may be maintained by the CITY UNIT at the City Hall designated by the CITY UNIT. The CITY UNIT shall grant access to these records to any party authorized by the HUMANE SOCIETY, the HUMANE SOCIETY's representatives or the HUMANE SOCIETY's successor -in- interest, if any; or as required by law. SECTION 14. ASSIGNMENT. The HUMANE SOCIETY shall obtain the CITY UNIT's prior written consent before utilizing any contractors, subcontractors, or other agents to perform any of the SERVICES under this AGREEMENT. No. party to this AGREEMENT shall assign or transfer any interest in this AGREEMENT, nor the performance of any obligations hereunder, without the prior written consent of Animal Licensing Agreement Page 9 of 22 Rev.07 /01 /98 the other parties hereto. Any attempt by a party to so assign or transfer any interest, right, duty or obligation arising hereunder shall be void and of no effect. SECTION 15. INDEPENDENT CONTRACTOR RELATIONSHIP /NO EMPLOYEE BENEFITS. HUMANE SOCIETY shall not be construed as the partner, legal representative or employee of CITY UNIT for any purpose whatsoever or as the agent of CITY UNIT, except for the limited purpose of performing SERVICES and operating the PROGRAM in accordance with this AGREEMENT and any city ordinances. Neither party shall act or attempt to act or represent itself directly or by implication as having any such status or relationship. HUMANE SOCIETY shall have the relationship of independent contractor for each City of the CITY UNIT and the CITY UNIT. Except as specifically provided in this AGREEMENT, each party shall be solely responsible for all obligations and liabilities pertaining to the business, activities and facilities of that party. As an independent contractor, HUMANE SOCIETY shall obtain no rights to retirement benefits or other benefits which accrue to CITY UNIT's employees and HUMANE SOCIETY on behalf of itself and any and all of its employees, directors, shareholders, contractors, subcontractors, assignees, transferees and other agents, hereby expressly waives any claim it may have to any such rights. SECTION 16. INDEMNIFICATION. HUMANE SOCIETY shall defend, with counsel approved by CITY UNIT, indemnify and hold harmless CITY UNIT, its officers, employees and agents against any and all claims, actions, loss, liability or expense (including attorneys' fees) resulting in any way from SERVICES performed under this AGREEMENT due to any alleged or actual, willful or negligent acts (active or passive) or omissions by HUMANE SOCIETY's officers, employees or agents. The acceptance of SERVICES and duties by CITY UNIT shall not operate as a waiver of such right of indemnification. SECTION 17. INSURANCE. HUMANE SOCIETY shall procure and maintain at its own expense the insurance policies set forth in EXHIBIT "C" entitled "Insurance." All policies, endorsements, certificates and /or binders shall be subject to approval by CITY UNIT. These requirements are subject to amendment or waiver if so approved by CITY UNIT. HUMANE SOCIETY agrees to provide CITY UNIT with a copy of all said policies, certificates and /or endorsements before SERVICES are provided under this AGREEMENT and to maintain such policies, certificates and /or endorsements in full force and effect during the term of this AGREEMENT. SECTION 18. NONDISCRIMINATION. HUMANE SOCIETY shall not discriminate, in any way, against any person on the basis of age, sex, race, color, ancestry, religious creed, national origin, sexual orientation, age, physical or mental disability, medical condition, marital status or denial of family care leave in connection with or related to the performance of this AGREEMENT. Animal Licensing Agreement Page 10 of 22 Rev.07 /01 /98 SECTION 19. GIFTS. A. The HUMANE SOCIETY knows that each city of the CITY UNIT has prohibitions against the acceptance of gifts by a CITY UNIT officer or designated employee. B. The HUMANE SOCIETY shall not offer any CITY UNIT officer or designated employee gifts prohibited by the Code of Ethics or Municipal Code of each city of the CITY UNIT. C. The offer or giving of any gift prohibited by a Code of Ethics or a Municipal Code shall constitute a material breach of the AGREEMENT by the HUMANE SOCIETY. In addition to any other remedies the CITY UNIT may have in law or equity, the CITY UNIT may terminate this AGREEMENT for such breach as provided in Section 12A2 of this AGREEMENT. SECTION 20. COMMUNICATIONS. Any notices permitted or required under this AGREEMENT shall be deemed to have been received when delivered in person or on the third (3rd) business day after the date on which mailed, by registered or certified mail, postage prepaid, and addressed to the party for whom intended at the address set forth below its signature at the end of this AGREEMENT and to the attention of the individual who executed the AGREEMENT for such party. SECTION 21. GOVERNING LAW. The law governing this AGREEMENT is that of the State of California. SECTION 22. VENUE. In the event that suit shall be brought by any party to this AGREEMENT against another party, the parties agree that the venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. SECTION 23. COMPLIANCE WITH ALL LAWS. A. The HUMANE SOCIETY shall comply with all applicable laws, rules, policies, regulations, codes and ordinances of the federal, State and CITY UNIT governments in the performance of the SERVICES and all of its duties and obligations under this AGREEMENT. B. Without limiting in any way the provisions of the preceding subsection 23A, the HUMANE SOCIETY shall comply fully with the Public Records Act, California Government Code Sections 6250, et seq., in the same manner that the CITY UNIT complies with this law with regard to records maintained by the HUMANE SOCIETY on behalf of CITY UNIT which relate to the SERVICES and the PROGRAM. The HUMANE SOCIETY shall consult and coordinate with the CITY UNIT prior to responding to any formal request under the Public Records Act for records related to or generated pursuant to this Agreement. Nothing in this Section shall be construed to Animal Licensing Agreement Page 11 of 22 Rev.07 /01 /98 create any obligation on the part of the HUMANE SOCIETY to produce the books and records of the HUMANE SOCIETY not otherwise subject to the Public Records Act. SECTION 24. OWNERSHIP OF MATERIALS. All reports, documents or other materials provided to the CITY UNIT by the HUMANE SOCIETY shall upon delivery thereof become the property of the CITY UNIT, without restriction or limitation upon their subsequent use by the CITY UNIT; provided, however, that database software programs or other data organization methods, except those listed in Exhibit "A" over which San Jose retains ownership, used by the "HUMANE SOCIETY in preparing the report, document or other material provided to the CITY UNIT by the HUMANE SOCIETY shall remain the exclusive property of the HUMANE SOCIETY, without restriction or limitations upon their use. SECTION 25. WAIVER. Waiver by a party of any breach or violation of any term or condition of this AGREEMENT by another party shall not be deemed to be a waiver by that party or another party hereto of any other term or condition herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by a party hereto of the performance of any obligation or duty by another party shall not be deemed to be a waiver of any term or condition of this AGREEMENT. SECTION 26. CONFLICT OF INTEREST. The HUMANE SOCIETY certifies that to the best of its knowledge, no CITY UNIT employee or officer of any public agency has any pecuniary interest in the business of HUMANE SOCIETY and that no person associated with the HUMANE SOCIETY has any interest that would conflict in any manner or degree with the performance of this AGREEMENT. HUMANE SOCIETY represents that it presently has no interest and shall not acquire an interest, direct or indirect, which could conflict in any manner or degree with the provisions of California Government Code §87100 "The Fair Political Practices Act") and following; and, certifies that it does not know of any facts which constitute a violation of said provisions. HUMANE SOCIETY will notify CITY UNIT if a conflict arises. SECTION 27. MISCELLANEOUS. A. Entire Agreement. This AGREEMENT, including all EXHIBITS attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may be modified only by a written amendment duly executed by the parties to this AGREEMENT. B. Interpretations. In construing or interpreting this AGREEMENT, the word "or" will not be construed as exclusive and the word "including" will not be limiting. The cities of CITY UNIT agree that this AGREEMENT will be fairly interpreted in accordance with its terms without any strict construction Animal Licensing Agreement Page 12 of 22 Rev.07 /01 /98 in favor of or against HUMANE SOCIETY or CITY UNIT and any ambiguity will not be interpreted against HUMANE SOCIETY. C. Invalid Provisions. If any provision of this AGREEMENT shall be held illegal, invalid or unenforceable, in full or in part, such provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the other provisions of this AGREEMENT will not be affected thereby and shall remain in full force and effect to the fullest extent possible. D. Further Documents. The cities of CITY UNIT shall, upon request, sign and deliver such other documents as may be reasonably required to carry out the intent and provisions of this AGREEMENTS. E. Calculations. For all calculations and accounting required under this AGREEMENT, generally accepted accounting principles and practices shall be employed. F. Due Dates. If a due date set forth in this AGREEMENT falls on a weekend or holiday recognized by HUMANE SOCIETY and all cities of CITY UNIT, then the due date shall be deemed to fall on the next business day. G. Counterpart Execution. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE. Animal Licensing Agreement Rev.07 /01 /98 [SIGNATURES START ON NEXT PAGE] Page 13 of 22 ATTEST: GRACE E. CORY City Clerk APPROVED AS TO FORM: CITY OF SARATOGA MICHAEL S. RIBACK City Attorney City Manager [SIGNATURES CONTINUE ON NEXT PAGE] Address: 13777 Fruitvale Avenue, CA 95070 Saratoga, CA 95070 Animal Licensing Agreement Page 20 of 22 Rev.07/01/98 SAN JOSE'S SOUTH BAY ANIMAL LICENSING EQUIPMENT AND SOFTWARE Quantity Item/Description SERVER SYSTEM EXHIBIT A 1 HP Netserver LC 5 /100 Model 2100 (Serial #SSG61542246) 32mb Ram Keyboard SCS1-2 4x CD -Rom drive 2.1 gb Fast SCS1-2 Hard Drive 1 HP 10 Base T /10 Base 2 PCI Lan Adapter #J2970AABA 2 HP 16mb Parity Simms Memory Module #D2297AABA 1 HP 2.1 gb Fast SCS1-2 Hard Drive (Serial #SGB00031245) 1 HP SureStore Tape 2000e (2gb) #C 1520GABA 1 Ergo Super VGA 14" display (Serial #KR54267618) 1 Mouse COMMUNICATIONS 1 US Robotics SPORTSTER FAX 14.4 external, v.32bis 1 Cabeltron HUB w/12 ports, 10 Base T CLIENT SYSTEMS 5 Dell PMMX233 /GN /MT #Dell 18418969 32mb RAM 2.1 gb Hard Drive 14x32 CD 2mb Video Windows 95 Mouse Keyboard 06/26/98 A 1 1 Microsoft Office 97 full set of media and documentation 5 Microsoft Select Office 97. 5 Ethernet Cat5 Interface cards 5 AST Vision 4L 501180 -001 14" SVGA color monitors Serial 333 G 7000 E 24976 Serial 318 RT 000 E 20553 Serial 322 RT 000E 23996 Serial #323 RT000E21009 Serial 331 G 7000 E 21902 1 Isobar surge protector 8 outlets PRINTERS 1 HP Laser Jet 4 600DPI (Serial #JPBX 016670) 1 High Speed Impact Printer (6 part) Epson DSX 8000 Serial OVZO 022800 1 Intel Netport Express XL Print server for Windows NT SYSTEM SOFTWARE 1 Microsoft Windows NT 4.0 Server (CD -Rom) 1 Cheyenne ArcServe (Tape Backup (NML) Software) 1 Gupta SQLBase NLM (5 user) 1 Gupta Quest Report Writer 1 MS Office (Word, Excel, Powerpoint, Mail) with 3 additional user packages 1 Oceal Isle ReachOut Communications 1 Mapinfo, SQLDataLink, StreetMap 1 Chameleon/CMS Software License 06/26/98 A-2 it SBMONTH XLS 4/15/98 EXHIBIT "B" SOUTH BAY FINANCIAL REPORT JULY 1, 1997 MARCH 31, 1998 OTRYTD. A B C D E F G H I 1 Milpitas Santa Clara San Jose Campbell Los Gatos Saratoga Monte Sereno South Bay 2 Items YTD YTD YTD YTD YTD YTD YTD YTD 3 SERVICE UNITS 4 Adopted Budget Base Volume 37,200 5 Base Volume Service Units 1,116 2,002 22,951 680 610 758 109 28,226 6 Exceed Base Volume Service Units 0 0 0 0 0 0 0 0 7 Total Service Units (5 +6) 1,116 2,002 22,951 680 610 758 109 28,226 8 City Percent Total Service Units 3.95% 7.09% 81.31% 2.41% 2.16% 2.69% 0.39% 100.00% 9 10 FEES RECEIVED 815,363 $24,638 8335,863 $12,192 $11,088 $14,527 82,063 $415,734 11 City Percent Total Fees 3.70% 5.93% 80.79% 2.93% 2.67% 3.49% 0.50% 100.00% 12 UNIT CHARGES 13 Base Volume Unit Charge $7.86 $7.86 87.86 87.86 87.86 87.86 87.86 14 Charges from Base Vol. Service Units (5 *13) $8,772 815,736 $180,395 $5,345 $4,795 $5,958 $857 $221,858 15 Exceed Base Volume Unit Charge 81.02 51.02 $1.02 $1.02 51.02 51.02 81.02 16 Charges from Exceed Base Svc Units (6 •15) $0 $0 $0 $0 $0 $0 50 $0 17 TOTAL UNITCHARGES(14 +16) 88,772 815,736 8180,395 85,345 84,795 85,958 8857 8221,858 18 19 YTD FEES ABOVE UNIT CHGS. (10 -17) 86,591 $8,902 $155,468 $6,847 $6,293 $8,569 $1,206 8193,876 20 YTD REIMBURSED PREVIOUS QTRS. $4,030 $5,337 $95,359 $4,642 $3,962 $5,834 $522 $119,686 21 YTD REIMBURSE CURRENT QTR (19 -20) $2,561 $3,565 $60,109 $2,205 $2,331 $2,735 $684 $74,190 22 SOUTH BAY INCENTIVE CALCUALTION -3 Adopted 24 Program Fees 520,956 531,074 8458,297 815,615 813,963 818,202 52,497 5560,604 l.5 Program Costs $10,859 $18,670 $240,276 $7,581 $6,529 $7,068 $1,237 $292,220 '.6 Program Fees Less Costs (24 -25) 810,097 $12,404 $218,021 $8,034 $7,434 511,134 $1,260 1 $268,384 !7 YTD :8 Program Fees (10) $15,363 524,638 5335,863 512,192 511,088 514,527 52,063 I 5415,734 '.9 Program Costs (17) $8,772 $15,736 $180,395 $5,345 $4,795 $5,958 $857 1 $221,858 10 Program Fees Costs (28 -29) $6,592 $8,901 $155,468 $6,848 $6,293 $8,568 $1,206 $193,875 11 YTD less Adopted 12 Difference [Fees Costs] (30 -26) ($3,505) ($3,503) ($62,553) ($1,186) ($1,141) ($2,566) (854) ($74,509) 13 Incentive Percentage 25% 25% 25% 25% 25% 25% 25% 25% 14 Incentive Amount 32 *33 if Row 32 >0 $0 $0 80 80 50 50 80 $0 15 TOTALCOST(17 +34) 58,772 515,736 5180,395 55,345 54,795 55,958 $857 5221,858 16 Add SJ Software /Hardware Costs $0 $0 ;7 (To San Jose Only, per contract) 18 REIMBURSE QTR End (21- 34 +36) $2,561 $3,565 $60,109 $2,205 $2,331 $2,735 $684 1 $74,190 19 UNIT MEASURES .0 Average Fee Revenue Per Svc Unit (10/7) $13.77 $12.31 $14.63 $17.93 $18.18 $19.16 i $18.93 $14.73 .1 Average Cost Per Svc Unit (35/7) 87.86 $7.86 $7.86 $7.86 $7.86 57.86 1 $7.86 $7.86 .2 Difference Unit Fee -Cost (40 -41) $5.91 $4.45 $6.77 $10.07 $10.32 $11.30 511.07 $6.87 .3 PROCESSING PERFORMANCE 4 Turnaround Time (Work Days) Qtr's End 21 it SBMONTH XLS 4/15/98 EXHIBIT "B" SOUTH BAY FINANCIAL REPORT JULY 1, 1997 MARCH 31, 1998 OTRYTD. INSURANCE EXHIBIT "C" HUMANE SOCIETY', at HUMANE SOCIETY's sole cost and expense, shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by HUMANE SOCIETY, it's agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The coverage described in Insurance Services Office Form Number GL 0002(Ed. 1173) covering Commercial General Liability together with Insurance Services Office Form Number GL 0404 covering Broad Form Comprehensive General Liability; or that described in Insurance Services Office Commercial General Liability coverage "occurrence Form Number CG 0001, including X, C, U where applicable; and 2. The coverage described in Insurance Services Office Form Number CA 0001 (Ed. 6/92) covering Automobile Liability, Code 1 "any auto," or Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also include Code 8 "hired autos" and Code 9 "nonowned autos and 3. Worker's Compensation insurance as required by the California Labor Code and Employers Liability Insurance; and 4. Veterinary Professional Liability Errors and Omissions. B. Minimum Limits of Insurance HUMANE SOCIETY shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, subject to a general aggregate of $1,000,000; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of $1,000,000 per accident; and 4. Professional Liability Errors and Omissions $1,000,000 General Aggregate Limit. C. Deductibles and Self- Insured Retentions Any deductibles or self insured retentions must be declared to, and approved by CITY UNIT. At the option of CITY UNIT, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects CITY UNIT, it's officers, employees, agents and contractors; or HUMANE SOCIETY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in amount specified by CITY UNIT. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages a. Each city of the CITY UNIT, it's officers, employees, agents and contractors are to be covered as additional insureds as respects: Liability arising out of activities performed by or on behalf of, HUMANE SOCIETY; products and completed operations of HUMANE SOCIETY; premises owned, leased or used by HUMANE SOCIETY; and automobiles owned, leased, hired or borrowed by HUMANE SOCIETY The coverage shall contain no special limitations on the scope of protection afforded to each city of the CITY UNIT, it's officers, employees, agents and contractors. b. HUMANE SOCIETY's insurance coverage shall be primary insurance as respects each city of the CITY UNIT; it's officers, employees, agents and contractors. Any insurance or self- insurance maintained by each city of the CITY UNIT, it's officers, employees, agents or contractors shall be excess of HUMANE SOCIETY's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies by HUMANE SOCIETY shall not affect coverage provided each City of the CITY UNIT; it's officers, employees, agents, or contractors. d. Coverage shall state that HUMANE SOCIETY's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. All Coverages Each insurance policy required by this AGREEMENT shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days' prior written notice has been given to CITY UNIT. E. Acceptability of Insurers Insurance is to be placed with insurers acceptable to CITY UNIT. F. Verification of Coverage HUMANE SOCIETY shall furnish each city of the CITY UNIT with certificates of insurance and with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Proof of insurance shall be mailed to the following addresses or any subsequent addresses as may be directed in writing by CITY UNIT: G. Subcontractors CITY OF SAN JOSE Risk Manager 152 N. Third Street, Ste. 904 San Jose, CA 95112 -5509 CITY OF SANTA CLARA City Clerk 1500 Warburton Avenue Santa Clara, CA 95050 CITY OF MILPITAS City Clerk 455 E. Calaveras Blvd. Milpitas, CA 95035 CITY OF CAMPBELL City Clerk 70 North First Street Campbell, CA 95008 CITY OF CUPERTINO City Clerk 10300 Torre Avenue Cupertino, CA 95014 TOWN OF LOS GATOS Town Clerk PO Box 973 Los Gatos, CA 95031 CITY OF MONTE SERENO City Clerk 18041 Saratoga /Los Gatos Rd Monte Sereno, CA 95031 CITY OF SARATOGA City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 HUMANE SOCIETY shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM l'`�- 2 MEETING DATE: AUGUST 5,1998 CITY MGR: ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: SUBJECT: Hakone Gardens Restrooms, C.I.P. No. 9704 Final Acce Completion Follow Up Actions: tance and Notice of Recommended Motion(s): Move to accept the project as complete and authorize staff to record the Notice of Completion for the construction contract. Report Summary: All work on the Hakone Gardens Restrooms project, C.I.P. No. 9704, has been completed by the City's contractor, Pascon, and inspected by Building and Public Works staff. The final construction contract amount was $91,801, which is 2.6% above the awarded contract amount of $89,510. The increased cost was due mainly to miscellaneous upgrades and modifications to the original restroom plan. In order to close out the construction contract and begin the one year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30 day Stop Notice period for the filing of claims by subcontractors or material providers may commence. Fiscal Impacts: The ten percent retention withheld from previous payments to the contractor will be released 30 days after recordation of the Notice of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient funds to cover the entire cost of the construction contract. Staff will record the Notice of Completion for the construction contract and release the contract sureties and retention thirty days thereafter. Consequences of Not Acting on the Recommended Motions: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. Advertising, Noticing and Public Contact: Nothing additional. Attachments: 1. Notice of Completion. ATTEST: Recording requested by, and to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 Grace E. Cory, Deputy City Clerk Gov. Code 40814 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed to be performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 5th day of August, 1998. Contract Number: N/A Contract Date: September 17, 1997 Contractor's Name: Pascon Contractor's Address: P.O. Box 188, Saratoga, CA 95071 Description of Work: Hakone Gardens Restrooms, C.I.P. No. 9704 This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on information or belief, and as to those matters that he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on 19 CITY OF SARATOGA BY: Larry I. Perlin City Manager SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: AUGUST 5,1998 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: SUBJECT: Final Map Approval for Tract No. 7424 (3 lots at Peach Hill Road), Owner: Dimanto /Ablamis. Recommended Motion(s): 1. Move to adopt Resolution No. SD 88- 005.01 granting final map approval of Tentative Map Application No. SD 88 -005 for three lots at Peach Hill Road. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 88- 005.01 which, if adopted, will grant final map approval for three lots located at Peach Hill Road. 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 88 -005, have been completed or will be completed concurrent with development of the three 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- $71,389 in Engineering Fees and $9,315 in Park Development Fees 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 88- 005.01 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SD 88 -005 approving the tentative map with conditions. REPORT TO THE PLANNING COMMISSION FROM: Lisa Welge DATE: 10/26/88 APPLICATION NO. LOCATION: SD -88 -005; Peach Hill Madrone Hill Roads APPLICANT /OWNER: He i s s/ DiMan t o APN: 517 -22 -077, 517 -23 -035, 036 037 PLNG. DIR. APPRV fA\I RO °Si55'�. 24 FEET WIDE "PRIVATE DRIVE" i 'b SO TO LOTS I B2 AMPS E.,PS SE ���TTT j per 1.118 ]3 b ::39,5212.' AREA 17,925 SO FT -L i "31• a :O 88'88' 316000' L"0 LO AT' A•62 lo 95 'y-/-1:',17E L.70 5I' N65 W 62. S0' 26,43 -2•. tile F4./ 2,2 STARE STARE w 0 20 JY 300.0o LOT 2 6.204 ACRES 270,245 SQ. FT. GROSS 252,449 S0. FT. NET N•32 OW 4.40 °M'52 L•2240' 3. 30 00 •47 °2x21" L •24 .0' 7.4000' i 1°2.11("*" N30 0•'0/'W 2479' 4N0 EAE 1.10 00' 4. 11 °00'00'_, 336 4110' (5,, S28.5Ef] W 44.23' (*SEREST FOR 40730437 SLOPE RIGHTS- 218 -M -178 10 '"7"0:,;* 3101' G P .:!Nr•; 5 OP PROPOSED DEDICATION 1 (r25 9� FOR STREET w3roXT v r• 2 T 9 jo FO STR 305750 1 e.s �4 /O .4,..4:2.02002,6C 4B 80 D N V s'' Si..,---- 1 6 I M 14' 54%4' rn R• SI Re 4 24'01 L •110 75' LOT 1 4.617 ACRES 201,115 S0. FT. GROSS 200,526 S0. FT. NET '75,0611 DRIVE' E. PSE &SLOPE EASEMENT 4' AREA ;589 SO 1.32 00 A 1552 z4' 1.6!] 32' 0' F ,2713 1 S :I N O 28'50 W 00 SO'F6ULT SET- 6CA LONE 1.15200' 4•22 1.52.13' D, sTINCTIVE BORDER 0 3.1 [AE •3.51 0 i 3* 07 6� 4.11 CLE OT ASSOCIATES PROJECT 3D 224, 13 E „yet, o L� 3.40 OW •24 41'31" 2595' �R• 7500' 59 .3 L•9!. Ed 22 STAKE 20-5 /86 80 (1'.5 1 21.74' (�'•e •i• LEGEND and NOTES s 90 53556 539 Distinctiv e Border 8 3. MONUMENT FOUND 1' IRON PIPE UNLE35 NOTED 1 %IRON PIPE SET 115 2134, DENOTES PUS` IC SERVICE "52 MCAT DENOTES ENE 501 NCT ACCESS E•SE RENT DENOTES PRIVATE SANITARY 5EN(3 (•5E3ENT DENOTES 01311NCT■VE E01DER DENOTES SLOPE EASEMENT A L L DIMENSIONS ARE SHOWN IN FEET 4NO DECIN6L5 THEREOF THE OI3T 1 VE BORDEN 1001(•TES T3E 60UMOA3T OF1•30 SUe01V10E0 eT THIS *4P 1•PPRONI 10.024 6( u1E 50 F26.1 NE 4481 PCL. 2 PM 427 -M- 24 7, DiMANTO et al 7. 33056 CENTERLINE 64•1202I21•TE TRACE DF 11* AL FAULT PER C LEAN •SSOCI•222 PROJECT No 224.1 r- 30' F•DLT SET •ACA LINE R/S 218-M -17 18 SPECIAL SEWER NOTE SANITARY SEWER LATERALS WITHIN PRIVATE DRIVE one /or PS. S. E. TO81 MAINTAINED BY FUTURE OWNERS OF LOTS 1 AND 2 AND NOT BY WEST VALLEY SANITATION DISTRICT. BASIS OF BEARINGS THE BEARING OF N 89 39'10'W FOR THE SOUTHERLY LINE OF PARCEL 2,A5 SHOWN ON THAT RECORD OF SURVEY AS RECORDED IN BOOR 218 OF MAPS, PAGES 17 AND 18, SANTA CLARA COUNTY RECORDS WAS TAKEN AS THE BASIS OF BEARINGS AS SHOWN HEREON. 13 12 SECTION LINE TRACT NO.7424 RADIAL BEARING TABLE •e•RIN• ©e© 5 34.08'07" E 5 32 °37'48" w 5 44•46 E QD 11 5 27 °48'07 E Q S 63 E 0.0 5 53°08'07" E Q•© 5 59°51 N 89 w BEING A SUBDIVISION OF PARCEL I AS SHOWN ON THAT PARCEL MAP AS RECORDED IN 8008 473 OF MAPS, PAGE 24 AND LYING WITHIN THE CITY OF SARATOGA, SANTA CLARA CO. CALIFORNIA JMH WEISS, INC. CIVIL ENGINEERS AND PLANNERS SAN JOSE SCALE 1 60' AUGUST 1995 S MUET 2 1 0 E 2 SHUTS JM3 31¢8 AYES: NOES: ABSENT: ABSTAIN: ATTEST: RESOLUTION NO. SD 88- 005.01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 88- 005.01 PEACH HILL ROAD(DIMANTO /ABLAMIS) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Three parcels as shown on that certain Parcel Map prepared by JMH Weiss, Inc. dated August, 1995, and filed with the City Clerk of the City of Saratoga on August 5, 1998, are approved as THREE (3) 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 88- 005.01 AGREEMENT, made and entered into this day of 1998, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and W. Leslie Pelio, A Married Man As His Sole And Separate Property, 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 Peach Hill Road and Madrone Hill Road situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 88- 005.01 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 JMH Civil Engineering, Inc. 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 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 $63,600.00 of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the total amount of said bond to be in the sum of 636,000.00 and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be Six Hundred Thirty -six Thousand Dollars($ 636,000.00 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 5 ($100,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the following endorsement: "Other insurance the coverage afforded by this insurance shall be primary coverage to the full 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 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 Forty -one Thousand One Hundred Sixty Dollars 41,160.00) 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 7 CITY OF SARATOGA, a Municipal Corporation By: By: By: Mayor (Owner, if different from Subdivider) Acknowledged. Acknowledged. Acknowledged. Acknowledged. RESOLUTION NO. BD -88 -005.3 RESOLUTION APPROVING MODIFICATION OF TENTATIVE MAP TO ALLOW THE FILING OF A PHASED FINAL MAP 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 modification approval of five lots, all as more particularly set forth in File No. SD -88 -005 of this City; and WHEREAS, this Advisory Agency hereby finds that the proposed modification to an approved 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 modified 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 September 9, 1992, being hereby made for further particulars; and WHEREAS, this body has heretofore received the Categorical Exemption prepared for this modification to an approved 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 modified 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 modified tentative map for the hereinafter described subdivision, which map is dated January 1988, and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. All conditions and requirements of Resolution SD -88 -005 shall L remain in full force and effect. 2. Lots 14 and 5 shall be recorded as Phase 1 and lots /1, 2, and 3 recorded as Phase 2. 3. Timing of required improvements shall be determined by the City Engineer as deemed necessary for each phase of the development. No work on either phase shall take place until a Final Map has been recorded and permits issued for that phase. 4. Construction access shall be limited to the streets accessing each individual phase, i.e. Phase 1 shall be accessed via Peach Hill Road and Phase 2 via Madrone Hill Road. Pilo No. 8 D 88- 005.3; Nadrona Hill Peach Hill Roads 5. Subdivision level improvements shall be limited to road construction and providing necessary public health and safety services and utilities. Individual lot development shall be reviewed by the Planning Commission on a case -by -case basis at the time an application for Design Review approval is made. Design Review applications shall be required for each lot. -6. The City Arborist shall prepare a tree preservation plan for each phase of the development prior to the issuance of any grading, building, and /or demolition permits. This plan shall address only those trees affected by the subdivision improvements. Tree preservation plans for individual lots shall be prepared at the time Design Review applications are made. Prior to Final Map approval the applicant shall submit to the City, in a for acceptable to the Planning Director, security in an amount deemed sufficient by the Planning Director, pursuant to a report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. This security shall be released at the time subdivision improvements are accepted by the City, upon the City Arborist's finding that all tree preservation measures have been properly followed. 8. No ordinance protected tree shall be removed without obtaining a tree removal permit to do so, with the exception of any tree located within the proposed road right -of -ways. These trees may be removed once a Final Map is recorded and proper grading, building and /or demolition permits are issued. 9. 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. 10. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court challenging the City's action with respect to the applicant's project. Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Pile No. 8D- 88- 003.3; Hadrone Hill i Peach Hill Roads section 2. Conditions must be completed by October 23, 1992 or October 23, 1993, if a third and final one -year extension to the map is granted, or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 9th day of September, 1992, by the following vote: AYES: BOGOSIAN, FORBES, MORAN NOES: FAVERO ABSENT: CALDWELL ATTEST: Secretary, P anning Commission The foregoing conditions are hereby accepted: Signature of applicant Date memo.pc \88 005 Chair, nin Commission g mmission N/A Provided Provided Provided Plans. on Final Map. on Final Map. on Improvemen 2. Submit "Irrevocable Offer of Dedication" to provide ft. half- street on Madrone Hill Rd. and Peach Hill Rd. 3. Submit "Irrevocable Offer of Dedication" to provide easements, as required. RESOLUTION NO. SD -88 -005 RESOLUTION APPROVING TENTATIVE MAP OF DiManto APN 517 -22 -077, 513 -23 -035, 036, 037 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 -88 -005 of this City, and WHEREAS, this Advisory Agency hereby finds 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 is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated 10/26/88 being hereby made for further particulars, and WHEREAS, this body has heretofor received and considered the (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. 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, 1988 and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. Improve Madrone Hi Road and Peach Hill Road to City Standards. (Deferred Improvement Agreement, DIA) for a 25 Provided on Improvement Plans. Provided on Improvment Plans Acknowledged. Acknowledged. SD -88 -005; Peach Hill and Madrone Hill Roads Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to street, storm sewer or watercourse, including the following: a. Storm sewer trunks with necessary manholes. b. Storm sewer laterals with necessary manholes. c. Storm drain inlets, outlets, channels, etc. 6. Construct access road 18 ft. wide plus 1 ft. shoulders using a designed section with a minimum of 2 -1/2" asphalt concrete on 6 inch aggregate base from Piedmont Road and Peach Hill Road to within 100 ft. of proposed dwellings. Slope of access road shall not exceed 15% without adhering to the following: a. Access roads having slopes between 15% and 17% shall be surfaced using 4" P.C. Concrete rough surfaced using 4" aggregate base. Slopes in excess of 15% shall not exceed 50 ft. in length. b. Access roads having slope in excess of 17 -1/2% are not permitted. Note: The minimum inside curve radius shall be 21 ft. The minimum vertical clearance above road surface shall be 15 ft. Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. Storm runoff shall be controlled through the use of culverts and roadside ditches. 7. Preservation of rock walls may require slopes steeper than 17- v- 1/2% and width narrower than 18 ft. in some locations. Acknowledged. 8. Construct Standard Driveway Approaches. Acknowledged. 9. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6" aggregate base. Acknowledged. 10. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the City Engineer. Acknowledged. 11. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. Acknowledged. 12. Watercourses must be kept free of obstacles which will change, retard or prevent flow. 13. Protective planting required on roadside cuts and fills. 7 Acknowledged. Plans submitted and approved. Fees Paid. N All securities provided. Evidence provided. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. SD -88 -005; Peach Hill and Madrone Hill Roads 14. Obtain Encroachment Permit from the Department of Engineering for driveway approaches or pipe crossings of City street. 15. Engineered Improvement Plans required for: a. Storm Drain Construction. b. Access Road Construction. 16 Pay Plan Check and Inspection Fees as determined from Improvement Plans. 17. Enter into "Deferred Improvement Agreement" for the required improvements marked "D.I.A." (18, Post bond to guarantee completion of the required improvements. 19. Submit satisfactory evidence of access from Mendelsohn Lane to subdivision. 20. Lots 2, 3, 4, and 5 shall be provided with access roads and driveways with an all- weather surface capable of sustaining the weight of fire apparatus, 35,000 lbs., prior to the issuance of any building permits. 21. The required fire hydrant installations shall be tested and accepted by the fire district prior to the issuance of any building permit. 22. Driveways shall meet City standards with minimum 14 ft. of width with 1 ft. shoulders. Provide a minimum of 21 ft. inside turn radius. 23. Provide 15 ft. of vertical clearance over all driveways and access roads, removing all limbs, wires, or other obstacles. 24. Cul -de -sac shall meet City minimum standards for radius. 25. Property is located in a potentially hazardous fire area. Prior to issuance of building permit remove combustive vegetation as specified. Fire retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ord. 16- 20.210 and Uniform Fire Code, Appendix E). 26. Construct driveway 14 ft. minimum width, plus one foot shoulders" using double seal coat 0 S or better on 6" Aggregate Base from public street or access road to proposed dwelling. Slope of driveway shall not exceed 12 1/2% without adhering to the following: Acknowledged and shown on Improvement Plans. Acknowledged. Acknowledged and approved by Fire Department. SD -88 -005; Peach Hill and Madrone Hill Roads a. Driveways having slopes between 12 1/2% to 15% shall be surfaced using 2 1/2" of A.C. on 6" of aggregate base. b. Driveways having slopes between 15% and 17% shall be surfaced using 4" of PCC concrete rough surfaced on 4" Aggregate Base and shall not exceed 50 feet in length. Note: Driveways with greater slopes or longer length will not be accepted. 27. Construct a turn around at the proposed dwelling site having a 32 ft. inside radius. Other approved type turn around must meet requirements of the Fire Chief. Details shall be shown on plans. Lots 3 and 4 shall be provided with on -site fire truck turnarounds that are within 150 ft. of all portions of the exterior walls of the first floor of any buildings. 28. Provide a parking area for two emergency vehicles at proposed building site or as required by the Fire Chief. Details shall be shown on building plans. Provided On Improve- 29. Extension of existing water system adjacent to site is required. m ent Plans Plans are to show location of water mains and fire hydrants. 30. Fire hydrants in all hazardous fire areas as designed pursuant to the Saratoga City Code shall be located so that no part of any residential structure shall be further than five hundred feet from at least one hydrant and the fire protection system shall be so designed and charged with water under pressure so that each hydrant for residential fire protection shall deliver no less than 1,000 gpm of water. Water storage or other availability shall be such that for any one hydrant of the system, the 1,000 gpm minimum shall be maintained for a sustained period of two hours (Ordinance No. 14- 30.040(c). An exception from this condition is made for Lot #4, per the following criteria: a. A 10,000 gallon gravity flow tank for fire protection and a 2 -1/2" wharf hydrant, both located as per Fire Chief. b. System to be reviewed and approved by the Central Fire Protection District prior to issuance of building permits. c. System to be monitored and inspected annually by the Central Fire Protection District. d. Installation of the Early Warning System connected to the Saratoga Fire District (per Section 16- 60/16 -60 -E) 9 Acknowledged. Provided on Improve- ment Plans. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Geotechnical Plan 3a ReView Letter .submitted: SD -88 -005; Peadh Hill and Madone Hill Roads e. Subdivision to be served by hydrants flowing 1,000 gallons per minute. f. House on Lot #4 to be fully sprinkled in accordance with Central Fire District standards. 31. Developer to install 3 hydrants that meet Central Fire' District's specifications and as required by the Subdivision Ordinance. Hydrant to be installed and accepted prior to issuance of building permits. 32. Construct three (3) passing turnouts 10 feet wide and 40 feet long as required by Fire Department. Details shall be shown on plans. 33. Access roadways for Fire Apparatus (20 feet of unobstructed` width) required per Section 10.207, 1979 Uniform Fire Code. Exceptions to this conditions only to be allowed as approved by the Fire Chief. Eucalyptus trees on access road from Madrone Hill to be saved if possible. 34. A sanitary sewer connection will be required. 35. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health standards. A bond should be posted to ensure completion of work. Contact the District Sanitarian for final inspection upon completion. 36. Domestic water shall be supplied by San Jose Water./ 37. In accordance with Santa Clara Valley Water District Ordinances 85 -1 and 87 -3, the owner shall show any existing well(s) on the plans. The well(s) shall be properly registered with the District and either maintained or abandoned in accordance with District standards. Improperly constructed or abandoned wells can be a hazard and may be a source of groundwater contamination. We request that wells be sealed in accordance with District standards unless they are to be used for the proposed development. In this case, they should only be used after proper testing and inspection. Please call Mr. David Zozaya at 265 -2600, ext. 382 for information regarding permits and the registering of or abandonment of any wells. We request written confirmation from the developer or his engineer regarding the existence of any wells and their proposed disposition. Geotechnical update and plan review The project geotechnical consultant should inspect current site conditions, review the recommendations given in the existing subdivision geotechnical reports and modify /update the geotechnical recommendations (as 10 v" Acknowledged. Acknowledged. Acknowledged. Acknowledged. Easement on Final Map. Acknowledged. Acknowledged. Acknowledged. Agreement provided. SD -88 -005; Peadh Hill and Madrone Hill Road 40. Geotechnical Field Inspection The project geotechnical consultants should inspect and approve all site preparation and grading, all excavations for residential foundations and retaining walls prior to the placement of concrete and /or steel and all excavations for site drainage improvements. Letters describing the results of these inspections and the as -built conditions of the project should be submitted to the City Engineer for review prior to final approval. 41. House locations and driveway designs to be reviewed and approved by Saratoga Fire District. 42. Design Review Approval required on project prior to issuance of permits. Scenic impacts of homes on viewshed shall be reviewed at the time of design review. needed) for the proposed development. The consultant should also review and approve the geotechnical aspects of all development plans. The results of the geotechnical update and plan review should be submitted to the City Engineer for review prior to approval of the Final Subdivision Map. 39. Supplemental Geotechnical Investigations As recommended by the project geotechnical consultants, supplemental geotechnical investigations and /or recommendations for final design parameters for residential foundations and retaining walls should be completed prior to final design of homes and retaining walls. The results of this additional work should be reviewed and approved by the City Engineer and Geologist prior to issuance of building permits for individual lots. 43. Landscape buffer requried to be placed on Lot #3 along driveway`' and in scenic easement. Scenic easement on Lot #3 (approximately 100 ft. by 20 ft.) to be shown on Final Map with restriction on removal of trees. 44. Any modifications to the Site Development Plan shall be subject to Planning Commission approval. 45. Design of new or rehabilitated retaining walls along the minimum access road serving Lots 1 -3 shall be stone or a material similar in appearance as approved by the Planning Director. 46. No lots can be resubdivided. This information shall be recorded`' against the title so subsequest owners of th property will be aware of this restriction. Applicant shall record a use restriction agreement for the*" preservation and maintenance of the rock work including the walls lining the access road, the stone foot bridge and turn 11 SD -88 -005; Peach Hill Madrone Hill Roads around area. Section 1. Applicant shall sign the agreement to these condition within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of October, 1988 by the following vote: AYES: Commissioners Guch, Harris, Kolstad, Burger, Tappan NOES: None ABSENT: Tucker, Siegfried ATTEST: P nn Secretary, la n Commission mmission The foregoing conditions are hereby accepted: Signature of Applicant Date 12 Chair, Planning Comm -sion SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM S C 0 MEETING DATE: AUGUST 5,1998 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: SUBJECT: Final Map Approval for Tract No. 8561 (2 lots at Madrone Hill Road), Owner: Dimanto /Ablamis. Recommended Motion(s): 1. Move to adopt Resolution No. SD 88- 005.02 granting final map approval of Tentative Map Application No. SD 88 -005 for two lots at Madrone Hill Road. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 88- 005.02 which, if adopted, will grant final map approval for two lots located at Madrone Hill Road. 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 88 -005, have been completed or will be completed concurrent with development of the two 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 $52,683 in Engineering Fees and $9,315 in Park Development Fees 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 88- 005.02 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SD 88 -005 approving the tentative map with conditions. REPORT TO THE PLANNING COMMISSION FROM: Lisa Welge DATE: 10/26/88 APPLICATION NO. LOCATION: SD -88 -005; Peach Hill Madrone Hill Roads APPLICANT /OWNER: He i s s/ DiMan t o APN: 517 -22 -077, 517 -23 -035, 036 037 PLNG. DIR. APPRV n 0 50' 1+ 419 79' (1282 OA 355: 330 Sn' A8 2%3" PER R/S 218 P17 GONE -PN 473 P24 og, NOT RESET MISSING 2 R 3 TNIS NAP TO CORRECT ONIB5108 AND WILL SET 32 11110 111 1 P BASIS OF BEARINGS THE BEARING OF N 32 00 FOR THE CENTERLINE OF MAORONE MILL ROAD, AS SHOWN ON THAT RECORD OF SURVEY AS RECORDED IN BOON 218 OF MAPS, PAGES 17.8018, SANTA CLARA COUNTY RECORDS WAS T•NEN AS THE BASIS OF BEARINGS AS SHOWN HEREON. 9 E 10 564 LOT 2 2.95 ACRES 128 633 SO. FT. 118191 SO. FT. NtT 10' PSE, I to E A AND PRIVATE DRIVE ARIA. 837 SO FT e 1 22 JN's4 L.4450 8.2000 6121'1 TOT• p PS[ R•32 �o ,3o.Sa .F a e 9 431 33 Ij•`Il �A�y L.44 a —r• Hiss P 01,1 "OR j2 _7eF1 o M1 J A FA 5 AS Ati Z.4 PRIVATE DRIVE FOR LOTS I, 2, AREA• A48] SO FTAND 3 AND P.S.E, PSSE. a EAE R.3200: L.sos' 5 7 CORNER RE- ESTABLISHED 1''64 87 REFERENCE FROM RS 218 P 17 A "--10' PSIE. B SLOIPE EASEMENT LIMIT15 OF PRIVATE DRIVE: P.SE., PSSE. AND IEAE. Y ,P 1 0042 50 Ui11,015,0 �FREA: A "G. 10' PS E a^ B SLOPE EASEMENT LOT LINE 13 rt OF 24' FOOT WID LOT I 5.26 ACRES 229,009 SO. FT. GROSS 215,966 SO. FT. NET 5T 9 C .2 I 9 5 PROPOSED LOT LINE B CENTERLINE OF 24 PRIVATE DRIVE PS E., PSSE B EAE F CENTERL,NE AND APPRORINATE TRAZE F a KRIM. PER CLEAR. B ASSOCIATES PROJECT NO 22.1 80RDER f O p`' F `00 ‘,.10' DETAIL ENTERLINE OF AN E3ISTING 40 RIGHT OF WAY FOR STREET PURPOSES 18006 (391 OR •191 A59;� 2185' 1: t -04E• O fOP E V .59/ q1 O P GE GN3 t 41°051.5 EE DETAIL SPECIAL SEWER NOTE SANITARY SEWER MAINS AND LATERALS WITHIN PRIVATE DRIVE AND PSSE TD BE MAINTAINED BY FUTURE OWNERS OF LOTS 1 2 B 3 AND MOT BY WEST AIALLEY SANITATION DISTRICT. DISTINCTIVE BORDER 3. O PSE 5E EAE PSSE 5° 433 Dal.' a v5 '6 v CY -OA 4 4 LEGEND 8 NOTES 7 91, /•1' PROPOSED OEOCATION FOR �f` STR[ET PlMtl5E5 ro N! AC 4,J01 SR FU "59 0095(0 MONUMENT POLAND 04" IRON PIPE UNLESS NOTE 01 3:" IRON PIPE SET 1 1. 5 2 5 3 4 DENOTES PuBLIC SERVICE EASEMENT DENOTES SLOPE EASESIENT DENOTES ENER4ENCT •CCE 55 EA SE RENT DENOTES PR BTE S•NIIAR. SEWER EASEMENT DENOTES 015TVNCTI VE 00RDER DENOTES MOM INNEN5100 •11 0181551085 ARE SNOwN IN FEET •NO DECIMALS TNENEO7 THE OISTINC TINE 8OROEN 113012 •TES THE SOUND•NT OF LAND 5280101010 ST TH188AR. I A RRRO0INATELT 12.637 ACRE51. TRACT NO. 8 561 BEING A SUBDIVISION OF ALL OF PCL.3 AND A PORTION OF PCL, 2 OF THAT RECORD OF SURVEY AS RECORDED IN BOOR 218 OF MAPS, PAGES 17 AND 18, AND PCL. 2 OF PARCEL MAP AS RECORDED IN BOON 4730F MAPS, PAGE 24 AND LYING WIT818 CITY OF SARATOGA, SANTA CLARA CO. CALIFORNIA JMH WEISS, INC. CIVIL ENGINEERS —LAND PLANNERS SAN JOSE SCALE I =6O' AUGUST 1995 0 4061 88EET 2 OF 3 SHEETS J80 3166 The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Three parcels as shown on that certain Parcel Map prepared by JMH Weiss, Inc. dated August, 1995, and filed with the City Clerk of the City of Saratoga on August 5, 1998, are approved as TWO (2) 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: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk RESOLUTION NO. SD 88- 005.02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 88- 005.02 MADRONE HILL ROAD(DIMANTO /ABLAMIS) Mayor MAY -13 -1998 11:M L1 1 T ur SHKH 1 UUH 1 CONTRACT FOR THE IMPROVEMENT OF SD 88- 005.02 AGREEMENT, made and entered into this day of 1998, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and "Murray H. Woods 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 Peach Hill Road and Madrone Hill Road situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 88- 005.02 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 JMH Civil Engineering, Inc. 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, ,w 1 MRY -13 -1998 11:05 LIIY ur SHXHIUUH 2 1CJ0 1..T1 WHEREAS, the City Council of said City did on the day of 199 adopt a Resolution approving 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 bond or bonds, money or negotiable bonds, in form to be approved by MKT 11•YJJ t,.tii ur orncniuun 3 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 $56,700.00 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 $567,000.00 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 Five Hundred Sixty -seven Thousand Dollars ($567, 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 resulting from any of the above said acts or omissions of NMI 1.X"'1770 il•YJJ i .+rnv 4 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 1'IH7 13 1770 11 •170 1 ur mrrrcr1 i uur+ 5 -.w -va v w coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the following endorsement: coverage afforded by this insurance shall the full limits of liability stated in the assured has other insurance against the policy, that other insurance shall be excess the entire face value of this policy shall payment." 5. In "Other insurance the be primary coverage to declarations. If the loss covered by this insurance only, after have been exhausted by 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 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 Thirty -five, Thousand One Hundred Twenty -two Dollars 35,122.00) to be applied by City to the payment of expenses to be incurred by City for engineering and r1 MHY- 1i-1' J 11;10b L I I T ur S MICM I UUH 6 Y(,JO 1 Yi V J�V 1. V 1• w 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. PINT 1J 1770 11 YJD 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 .tit ur Jnl[niuun 7 CITY OF SARATOGA, a Municipal Corporation By: By: By: Mayor Subdivider (Owner, if different from Subdivider) TOTAL P.08 to RESOLUTION NO. BD-SS -005.3 RESOLUTION APPROVING NODIPI ATIO7 07 TENTATIVE MAP TO ALLOW THE FILING 07 A PHASED FINAL MAP 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 modification approval of five lots, all as more particularly set forth in File No. SD -88 -005 of this City; and WHEREAS, this Advisory Agency hereby finds that the proposed modification to an approved 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 modified 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 September 9, 1992, being hereby made for further particulars; and WHEREAS, this body has heretofore received the Categorical Exemption prepared for this modification to an approved 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 modified subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHERSAB, 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 modified tentative map for the hereinafter described subdivision, which map is dated January 1988, and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. All conditions and requirements of Resolution SD -88 -005 shall v remain in full force and effect. Acknowledged. 2. Lots 04 and 5 shall be recorded as Phase 1 and lots 01, 2, and 3 recorded as Phase 2. Acknowledged. Acknowledged. Acknowledged. 3. Timing of required improvements shall be determined by the City Engineer as deemed necessary for each phase of the development. No work on either phase shall take place until a Final Map has been recorded and permits issued for that phase. 4. Construction access shall be limited to the streets accessing each individual phase, i.e. Phase 1 shall be accessed via Peach Hill Road and Phase 2 via Madrone Hill Road. File Ho. 8 D- 88- 403.3; Kaftans Hill i Peach Hill Roads 5. Subdivision level improvements shall be limited to road construction and providing necessary public health and safety services and utilities. Individual lot development shall be reviewed by the Planning Commission on a case -by -case basis at the time an application for Design Review approval is made. Design Review applications shall be required for each lot. 6. The City Arborist shall prepare a tree preservation plan for v each phase of the development prior to the issuance of any grading, building, and /or demolition permits. This plan shall address only those trees affected by the subdivision improvements. Tree preservation plans for individual lots shall be prepared at the time Design Review applications are made. Prior to Final Map approval the applicant shall submit to the City, in a form acceptable to the Planning Director, security in an amount deemed sufficient by the Planning Director, pursuant to a report and recommendation by the City Arborist to guarantee the maintenance and preservation of trees on the subject site. This security shall be released at the time subdivision improvements are accepted by the City, upon the City Arborist's finding that all tree preservation measures have been properly followed. 8. No ordinance protected tree shall be removed without obtaining a tree removal permit to do so, with the exception of any tree located within the proposed road right -of -ways. These trees may be removed once a Final Map is recorded and proper grading, building and /or demolition permits are issued. 9. 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. 10. Applicant agrees to hold City harmless from all costs and held expenses, including the liability attorney's fees incurred ity connection the thCCity'ss defense of its actions in any proceeding brought in any State or Federal Court challenging the City's action with respect to the applicant's project. Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. 1 Nile No. 8D- B1- 0oS.3; 1adrone Rill i Peach Sill Roads Section 2. Conditions must be completed by October 23, 1992 or October 23, 1993, if a third and final one -year extension to the map is granted, or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AJD ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 9th day of September, 1992, by the following vote: AYES: BOGOSIAN, FORBES, MORAN 1O18: FAVERO ABSENT: CALDWELL ATTEST: Secret aryy,, P arming Commission The foregoing conditions are hereby accepted: Signature of applicant Date msmo.pc \88 005 Chair, P1 in g Commission -N A Provided Provided Provided Plans. on Final Map. on Final Map. on Improvemen WHEREAS, this body has heretofor received and considered the (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. 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, 1988 and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: 1. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. 2. Submit "Irrevocable Offer of Dedication" to provide for a 25 ft. half- street on Madrone Hill Rd. and Peach Hill Rd. 3. Submit "Irrevocable Offer of Dedication" to provide easements, as required. RESOLUTION NO. SD -88 -005 RESOLUTION APPROVING TENTATIVE MAP OF DiManto APN 517 -22 -077, 513 -23 -035, 036, 037 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 -88 -005 of this City, and WHEREAS, this Advisory Agency hereby finds 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 is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff Report dated 10/26/88 being hereby made for further particulars, and Improve Madrone Hill Road and Peach Hill Road to City Standards. (Deferred Improvement Agreement, DIA) Provided on Improvement Plans. Provided on Improvment Plans. Acknowledged. Acknowledged. SD -88 -005; Peach Hill and Madrone Hill Roads Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by the City Engineer, as needed to convey storm runoff to street, storm sewer or watercourse, including the following: a. Storm sewer trunks with necessary manholes. b. Storm sewer laterals with necessary manholes. c. Storm drain inlets, outlets, channels, etc. 6. Construct access road 18 ft. wide plus 1 ft. shoulders using a designed section with a minimum of 2 -1/2" asphalt concrete on 6 inch aggregate base from Piedmont Road and Peach Hill Road to within 100 ft. of proposed dwellings. Slope of access road shall not exceed 15% without adhering to the following: a. Access roads having slopes between 15% and 171 shall be surfaced using 4" P.C. Concrete rough surfaced using 4" aggregate base. Slopes in excess of 15% shall not exceed 50 ft. in length. b. Access roads having slope in excess of 17 -1 /2% are not permitted. Note: The minimum inside curve radius shall be 21 ft. The minimum vertical clearance above road surface shall be 15 ft. Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. Storm runoff shall be controlled through the use of culverts and roadside ditches. 7. Preservation of rock walls may require slopes steeper than 17- 1/2% and width narrower than 18 ft. in some locations. Acknowledged. 8. Construct Standard Driveway Approaches. Acknowledged. 9. Construct Driveway Approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat oil and screenings or better on 6" aggregate base. Acknowledged. 10. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the City Engineer. Acknowledged. 11. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. Acknowledged. 12. Watercourses must be kept free of obstacles which will change, retard or prevent flow. 13. Protective planting required on roadside cuts and fills. 7 Acknowledged. Plans submitted and approved. Fees Paid. N/A All securities provided. Evidence. provided. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. SD -88 -005; Peach Hill and Madrone Hill Roads 14. Obtain Encroachment Permit from the Department of Engineering for driveway "approaches or pipe crossings of City street. 15. Engineered Improvement Plans required for: a. Storm Drain Construction. b. Access Road Construction. Pay Plan Check and Inspection Fees as determined from Improvement Plans. 17. Enter into "Deferred Improvement Agreement" for the required improvements marked "D.I.A." Post bond to guarantee completion of the required improvements. 19. Submit satisfactory evidence of access from Mendelsohn Lane to subdivision. 20. Lots 2, 3, 4, and 5 shall be provided with access roads and driveways with an all- weather surface capable of sustaining the weight of fire apparatus, 35,000 lbs., prior to the issuance of any building permits. 21. The required fire hydrant installations shall be tested and accepted by the fire district prior to the issuance of any building permit. 22. Driveways shall meet City standards with minimum 14 ft. of width with 1 ft. shoulders. Provide a minimum of 21 ft. inside turn radius. 23. Provide 15 ft. of vertical clearance over all driveways and access roads, removing all limbs, wires, or other obstacles. 24. Cul -de -sac shall meet City minimum standards for radius. 25. Property is located in a potentially hazardous fire area. Prior to issuance of building permit remove combustive vegetation as specified. Fire retardant roof covering and chimney spark arrestor details shall be shown on the building plan. (City Ord. 16- 20.210 and Uniform Fire Code, Appendix E). 26. Construct driveway 14 ft. minimum width, plus one foot shoulders` using double seal coat 0 S or better on 6" Aggregate Base from public street• or access road to proposed dwelling. Slope of driveway shall not exceed 12 1 /28 without adhering to the following: Acknowledged. Acknowledged and approved by Fire Department. Acknowledged and shown on Improvement Plans. SD -88 -005; Peach Hill and Madrone Hill Roads a. Driveways having slopes between 12 1 /2% to 15% shall be surfaced using 2 1/2" of A.C. on 6" of aggregate base. b. Driveways having slopes between 15% and 17% shall be surfaced using 4" of PCC concrete rough surfaced on 4" Aggregate Base and shall not exceed 50 feet in length. Note: Driveways with greater slopes or longer length will not be accepted. 27. Construct a turn- around at the proposed dwelling site having a 32 ft. inside radius. Other approved type turn around must meet requirements of the Fire Chief. Details shall be shown on plans. Lots 3 and 4 shall be provided with on -site fire truck turnarounds that are within 150 ft. of all portions of the exterior walls of the first floor of any buildings. 28. Provide a parking area for two emergency vehicles at proposed building site or as required by the Fire Chief. Details shall be shown on building plans. Provided on Improve- 29. Extension of existing water system adjacent to site is required. ment Plans Plans are to show location of water mains and fire hydrants. 30. Fire hydrants in all hazardous fire areas as designed pursuant to the Saratoga City Code shall be located so that no part of any residential structure shall be further than five hundred feet from at least one hydrant and the fire protection system shall be so designed and charged with water under pressure so that each hydrant for residential fire protection shall deliver no less than 1,000 gpm of water. Water storage or other availability shall be such that for any one hydrant of the system, the 1,000 gpm minimum shall be maintained for a sustained period of two hours (Ordinance No. 14- 30.040(c). An exception from this condition is made for Lot #4, per the following criteria: a. A 10,000 gallon gravity flow tank for fire protection and a 2 -1/2" wharf hydrant, both located as per Fire Chief. b. System to be reviewed and approved by the Central Fire Protection District prior to issuance of building permits. c. System to be monitored and inspected annually by the Central Fire Protection District. d. Installation of the Early Warning System connected to the Saratoga Fire District (per Section 16- 60/16 -60 -E) 9 Acknowledged. Provided on Improve- ment Plans. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Geotechnical Plan 38 Review Letter .submitted: SD -88 -005; Peach Hill and Madone Hill Roads e. Subdivision to be served by hydrants flowing 1,000 gallons per minute. f. House on Lot 14 to be fully sprinkled in accordance with Central Fire District standards. 31. Developer to install 3 hydrants that meet Central Fire District's specifications and as required by the Subdivision Ordinance. Hydrant to be installed and accepted prior to issuance of building permits. 32. Construct three (3) passing turnouts 10 feet wide and 40 feet long as required by Fire Department. Details shall be shown on plans. 33. Access roadways for Fire Apparatus (20 feet of unobstructed`r width) required per Section 10.207, 1979 Uniform Fire Code. Exceptions to this conditions only to be allowed as approved by the Fire Chief. Eucalyptus trees on access road from Madrone Hill to be saved if possible. 34. A sanitary sewer connection will be required. 35. Existing septic tank(s) must be pumped and backfilled in accordance with Environmental Health standards. A bond should be posted to ensure completion of work. Contact the District Sanitarian for final inspection upon completion. 36. Domestic water shall be supplied by San Jose Water. 37. In accordance with Santa Clara Valley Water District Ordinances 85 -1 and 87 -3, the owner shall show any existing well(s) on the plans. The well(s) shall be properly registered with the District and either maintained or abandoned in accordance with District standards. Improperly constructed or abandoned wells can be a hazard and may be a source of groundwater contamination. We request that wells be sealed in accordance with District standards unless they are to be used for the proposed development. In this case, they should only be used after proper testing and inspection. Please call Mr. David Zozaya at 265 -2600, ext. 382 for information regarding permits and the registering of or abandonment of any wells. We request written confirmation from the developer or his engineer regarding the existence of any wells and their proposed disposition. Geotechnical update and plan review The project geotechnical` consultant should inspect current site conditions, review the recommendations given in the existing subdivision geotechnical reports and modify /update the geotechnical recommendations (as 10 tV Acknowledged. Acknowledged. Acknowledged. Acknowledged. Easement on Final Map. Acknowledged. Acknowledged. Acknowledged. Agreement provided. SD -88 -005; Pead Hill and Madrone Hill Road needed) for the proposed development. The consultant should also review and approve the geotechnical aspects of all development plans. The results of the geotechnical update and plan review should be submitted to the City Engineer for review prior to approval of the Final Subdivision Map. 39. Supplemental Geotechnical Investigations As recommended by the project geotechnical consultants, supplemental geotechnical investigations and /or recommendations for final design parameters for residential foundations and retaining walls should be completed prior to final design of homes and retaining walls. The results of this additional work should be reviewed and approved by the City Engineer and Geologist prior to issuance of building permits for individual lots. 40. Geotechnical Field Inspection The project geotechnical consultants should inspect and approve all site preparation and grading, all excavations for residential foundations and retaining walls prior to the placement of concrete and /or steel and all excavations for site drainage improvements. Letters describing the results of these inspections and the as -built conditions of the project should be submitted to the City Engineer for review prior to final approval. 41. House locations and driveway designs to be reviewed and approved by Saratoga Fire District. 42. Design Review Approval required on project prior to issuance of 0- permits. Scenic impacts of homes on viewshed shall be reviewed at the time of design review. 43. Landscape buffer requried to be placed on Lot #3 along driveway and in scenic easement. Scenic easement on Lot #3 (approximately 100 ft. by 20 ft.) to be shown on Final Map with restriction on removal of trees. 11 44. Any modifications to the Site Development Plan shall be subject to Planning Commission approval. 45. Design of new or rehabilitated retaining walls along the minimum access road serving Lots 1 -3 shall be stone or a material similar in appearance as approved by the Planning Director. 46. No lots can be resubdivided. This information shall be recorded against the title so subsequest owners of th property will be aware of this restriction. Applicant shall record a use restriction agreement for the''' preservation and maintenance of the rock work including the walls lining the access road, the stone foot bridge and turn SD -88 -005; Peach Hill Madrone Hill Roads around area. Section 1. Applicant shall sign the agreement to these condition within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of October, 1988 by the following vote: AYES: Commissioners Guch, Harris, Kolstad, Burger, Tappan NOES: None ABSENT: Tucker, Siegfried ATTEST: Secretary, landing Commission The foregoing conditions are hereby accepted: Signature of Applicant 12 Chair, Planning Comm j Sion Date CLAIM AGAINST (NAME OF CITY OR "TOWN) C' City of Saratoga, 13777 Fruitvale Avenue, Saratoga CA 95070 Please return to: City/ Town Clerk, (address) COMPLETE 77IE FOLLOWING, ADDING ADDFI7ONAL SHEETS AS NECESSARY. 1. CLAIMANT'S NAME (Print): ZCIn re 4 W 1 S LP H t, 5 2. CLAIMANT'S ADDRESS: 1 5 r7C O eui I d I�� I 9 4_ C. (Street or P.O. Box Number City State Zip Code) 3. AMOUNT OF CLAIM S 8 c HOME PHONE t ic 8) 3 Cf5 -c (Attach Copies of bills /estimates) WORK PHONE IF AMOUNT CLAIMED IS MORE THAT 810,000 INDICATE WHERE JURISDICTION RE STS: Municipal Court Superior Court 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1 AND 2 (PRINT): (Name) (Street or P.O. Box Number) (Qty State Zip Code 5. DATE OF INCIDENT: 9 9/ 9 3 TIME OF INCIDENT: LOCATION OF INCIDENT: f rr ✓1 /if K uS r la 7%( pc r^c `i 6. DESCRIBE THE INCIDENT OR ACCIDENT INCLUDING YOUR REASON FOR BELIEVING THAT THE CITY IS L,IABLE FOR YOUR DAMAGES: G i f f rc h G, 5 /=c, /LC- Y► Over hand G roil Fence Qt nc. 24 urrl c r i 1 lire `S l 7. DESCRIBE ALL DAMAGES WHICH YOU BELIEVE YOU HAVE INCURRED AS RESU}.T OF THE INCIDENT: mo ron c nGQ Br'Gcc h a tf f r c(410748 d c v w r i✓I r hl -hc i w,rrc �v 5crce i i PAZ Turn' 4r e kX97e3eef 8. NAMES(S) OF PUBLIC EMPLOYEE(S) CAUSING THE DAMAGES YOU ARE CLAIMING: /111. 14 le44 j Signature of Claimant Date 5 /IcPis Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fine or both. 11/91 ABAG PLAN Corp. CM1 -1 Now Claims must be Qled within 180 days of incident. See Government Cock Section 900 st se%, May 7, 1998 Mr. and Mrs. Abbas Haghshenas 15500 Quito Road Saratoga, Ca. 95070 RE: Repair Estimate for Damage due to Fallen Branch SCOPE OF WORK Cut and removal of two sections of damaged iron fence Installation of new iron face to match existing Removal of damaged gutter. Installation of new gutter and paint Repair the broken stucco on west wall Re -paint west wall Replacement of two broken sprinkler heads Total Estimate of Repair: Thank You, Annette Stelk Date Accepted: By: RAR Construction 610 University Avenue Los Gatos, CA 95030 License #349615 Phone 408 -354 -5727 Fax 408 -395 -5312 $4,880.00 Ska-i Cl J By: +'5c)c 1 re Were. Vc imp n5 c O W% k7144 SCiZL/ i -11 35c -cc V71 Iu EXECUTIVE SUMMARY NO. MEETING DATE: AUGUST 5, 1998 ORIGINATING DEPT.: CITY MANAGER SARATOGA CITY COUNCIL AGENDA ITEM 6 CITY MANAGER: DEPT. HEAD: SUBJECT: Landscaping Lighting Assessment District LLA -1 Approval of Engineer's Report and Confirmation of Assessments for FY 98 -99 RECOMMENDED MOTION(S): At the conclusion of the Public Hearing, direct the City Clerk to tabulate the ballots and report the results. Afterwards, move to adopt the Resolution ordering the improvements and confirming the assessments for FY 98 -99. REPORT SUMMARY: At your meeting, you will conclude the public hearing originally opened on June 17 to consider the proposed assessments for the LLA -1 for FY 98 -99. The notice of the public hearing was previously published in the Saratoga News and in addition, property owners within certain zones of the district were mailed separate notices along with a postcard ballot and other information required by Proposition 218. At the June 17 hearing, the City Clerk reported the preliminary results of the balloting for each of the four zones in which a vote is being conducted. These preliminary results are summarized in the attached table (Attachment 1). Because less than half of the property owners within Zones 27 and 28 returned their ballots, the City Council decided to continue the public hearing to allow additional time for those property owners who did not return a ballot to do so. Thus, property owners within these two zones now have until the close of the hearing on Wednesday to return their ballots, or to change a ballot already submitted. At the close of the hearing, the Council must act on the results of the voting, however it turns out, since the deadline for transmitting the final assessment roll to the County Auditor is Monday, August 10. FISCAL IMPACTS: A copy of the staff report for the June 17 meeting is attached. The preliminary assessment schedule attached thereto is still valid except for the figures for Zone 30. It does not appear likely that the one property owner in that proposed zone will change his mind with respect to being annexed into the District, so it appears Zone 30 will need to be dropped from the final assessment schedule. The. Resolution the Council will need to act upon at the close of the public hearing will be presented to you at the meeting. The City Attorney's office is drafting the Resolution in such a way that it will accommodate all possible outcomes of the voting in Zones 27 and 28. If the voting in Zone 27 goes against the proposed assessment of $80.84, it will be recommended that the City Council approve a reduced assessment of $64.24 which would allow for a continuation of the landscape maintenance of this area at an acceptable, albeit reduced, level reflecting the $514.60 which would not be collected to sustain the full level of service throughout the year. Next year, it would be necessary to again try to increase the assessment in this Zone through another ballot process. However if this were to be turned down again at that time, then the City Council would need to seriously consider abandoning Zone 27 and terminating the landscape maintenance therein. Of more concern is the balloting in Zone 28, the Kerwin Ranch Landscape District. The 16 property owners in this new zone are being asked to approve an assessment of $229.94 for FY 98 -99 to continue the maintenance of the perimeter landscaping installed by the developer along Fruitvale and Saratoga Ayes. and maintained by the developer through June 30 of this year, (see attached letter dated July 20). If the voting in Zone 28 goes against the proposed assessment, the City Council will be faced with the hard choice of deciding whether to terminate the landscape maintenance of this area, or absorb it into the City's maintenance program at an annual cost of roughly $3,500. Hopefully, the results of the balloting in Zone 28 will forego the need for the City Council to consider these alternatives. In addition to confirming the assessments for FY 98 -99 for the LLA -1, the City Council is also being asked to award a one year extension of the monthly landscape maintenance contracts to the firm currently providing these services. A more detailed discussion of this is contained in the companion staff report which appears next on your agenda. This ultimately depends on the results of the balloting in Zones 27 and 28, and whether the City Council decides to assume responsibility for any of the costs of landscape maintenance not currently covered by the City. Beyond this, the costs associated with servicing the remainder of the District are recovered by the annual assessments levied against the properties in the District. ADVERTISING, NOTICING AND PUBLIC CONTACT: As noted above. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City Council must adopt the Resolution ordering the improvements and confirming the assessments for FY 98 -99. If this is not done, the assessment roll will not be able to be transmitted to the County Auditor by August 10 and the revenues needed to support the District's activities in FY 98 -99 will not be collected. FOLLOW UP ACTIONS: A copy of the Resolution and the assessment roll will be transmitted to the County Auditor by August 10. ATTACHMENTS: Preliminary tabulation of ballots as of June 17. Staff report from June 17. Letter to Kerwin Ranch property owners dated July 20. 1998 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT PROPOSITION 218 BALLOT TALLY BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 27 31 6 7 2 28 16 3 4 0 29 60 29 7 5 30 1 0 1 0 EXECUTIVE SUMMARY NO. MEETING DATE: JUNE 17, 1998 ORIGINATING DEPT.: CITY MANAGER RECOMMENDED MOTION(S): REPORT SUMMARY: SARATOGA CITY COUNCIL AGENDA ITEM tD CITY MANAGER: DEPT. HEAD: SUBJECT: Landscaping Lighting Assessment District LLA -1: Public Hearing and tabulation of ballots to consider proposed assessments for FY 98 -99 Conduct the required public hearing. At the close of the hearing, direct the City Clerk to tabulate the ballots and report the results. Afterwards, direct staff accordingly. At your meeting, you will be conducting the required public hearing to consider the proposed assessments for the LLA -1 for FY 98 -99. The notice of the hearing was published in the Saratoga News. Additionally, property owners within certain zones were mailed separate notices of the hearing along with a postcard ballot and other information required under Proposition 218. The zones for which ballots will be counted and the reasons for the balloting in these zones are as follows: Zone 27 (Cunningham Place /Glasgow Court Landscape District) This is a new Zone created by merging the current zones 14 (Cunningham Place) and 18 (Glasgow Court) which the Council ordered last year. Eventually, zone 10 (Tricia Woods) will be combined into the new zone as well so that all three zones will share equally in the cost of maintaining the landscaping along the east side of Saratoga Sunnyvale Road between Miljevich Dr. and Blauer Dr. However, until zone 10 retires its accumulated deficit from prior years, it will remain as a separate zone. The ballot issues which the property owners in the new zone 27 are voting on are: 1) whether to approve an increase in next year's annual assessment from $69.78 and $64.24 for zones 14 and 18 respectively, to $80.84 for the combined zone 27; and 2) whether to authorize a maximum annual assessment of $120 in FY 99 -00 along with a 5% maximum adjustment in subsequent years, above which only higher future proposed assessments would need to be voted on. At the conclusion of the public hearing, the Council should direct the City Clerk to tabulate and report the results of the balloting. Only those ballots returned by the close of the hearing will be counted. Since the proposed assessments are the same for all properties in any one zone, each ballot within each zone is given equal weight. Thus, voting will be determined by simple majority of the ballots cast within each zone. After the results of the balloting are reported, the Council should direct staff accordingly. This could range from proceeding with the preliminary assessments for each zone as proposed in the Engineer's Report, to adjusting some of the assessments downward, to canceling some of the assessments altogether. Depending on what the Council directs, the Resolution confirming the assessments for FY 98 99 will be prepared, and the Engineer's Report amended as necessary, for your meeting on July 1. FISCAL IMPACTS: None at this time. Eventually, the costs associated with administering and servicing the District will be recovered by the assessments levied against the properties in the District. ADVERTISING, NOTICING AND PUBLIC CONTACT: As noted above. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The public hearing would not be held. In that event, the renewal process for the assessment district could not proceed. FOLLOW UP ACTIONS: Depending on Council's decisions, the Resolution confirming assessments for FY 98 99 will be prepared and the Engineer's Report amended as necessary for the Council meeting of July 1. ATTACHMENTS: 1. Notices mailed to property owners. 2. Preliminary assessment proposals as per Engineer's Report. 3. History of LLA -1 assessments. 4. Majority Protest Procedures for LLA -1 adopted via Resolution No. 97 -21 on May 21, 1997. Duration of Assessments Reason for Assessment Assessments may be levied annually at a rate not exceeding that described under Rules for Spreading Assessment (Exhibit 1 enclosed herein), until 1) this entire district is dissolved or the within referenced parcel is detached from the district by City Council action, or 2) a proposal to increase assessments, beyond those allowed in the Rules for Spreading Assessment, is approved by vote of the affected property owners. This assessment is proposed to be levied to provide the work and improvements described in Exhibit "A" attached to the Resolution of Intention enclosed herein. This work specially benefits the parcels assessed therefor since 1) the work is adjacent to the neighborhoods within which said parcels are located, and results in a) helping to identify, distinguish and enhance these neighborhoods, including the entrances thereto; b) helping to improve the quality of life in these neighborhoods by reducing the potential for graffiti, eliminating dust and litter, providing sound attenuation, eliminating the potential for blight, and providing added security and safety through lighting and an added City presence; and 2) in the absence of this assessment district, the work and improvements would not be otherwise accomplished by the City. Basis of Assessment Calculation The amounts of the proposed assessments have been calculated in accordance with the Rules for Spreading Assessment (Exhibit 1 enclosed herein). Summary of Assessment Ballot Procedures The enclosed ballot should be completed by indicating support for or opposition to the proposed assessment and the proposed Rules for Spreading Assessment (copy enclosed), and should-be mailed or hand delivered to the address printed thereon, to arrive no later than the close of the public testimony portion of the public hearing, Wednesday, June 17, 1998. At the public hearing, the City shall tabulate the ballots. The City shall not impose any assessment in any zone where the number of ballots received in opposition to the proposed assessment exceeds the number of ballots received in support of the proposed assessment, weighing these assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each ballot is submitted. In the absence of a negative vote, the City may impose an assessment that is less than the proposed assessment amount. Any owner of property subject to an assessment may, prior to the conclusion of the public testimony portion of the public hearing, submit, change or withdraw an assessment ballot with the Clerk. In the event that more than one of the record' owners of an identified parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the identified parcel shall be allocated to each ballot submitted in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record, as established to the City's satisfaction by documentation submitted by those record owners. TABLE 1 MAXIMUM ASSESSMENTS FOR FISCAL YEAR 1998 -1999 MAXIMUM ZONE ASSESSMENT 2 50.00 3 60.00 6 75.00 11 50.00 16 90.00 22 50.00 25 $325.00 26 $475.00 TABLE 2 MAXIMUM ASSESSMENTS FOR FISCAL YEAR 1999 -2000 MAXIMUM ZONE ASSESSMENT 27 $120.00 28 $300.00 29 $100.00 30 $2,000.00 To: Members and friends of Tollgate Homeowners' Association From: President, Tollgate Homeowners' Association The contents of this letter you have received from the city of Saratoga is the formal follow up to our earlier request for your input on landscaping and maintenance. Please read the contents carefully and send in your formal vote for or against the city assuming the duties of maintaining our common area at Big Basin Way and Tollgate. The dollar amounts (around $70 per year) are estimated at this point, and future increases will allow for inflation so that we do not have to vote on the assessment district issue each and every year. The vast majority of our members voted in favor of this assissment method, and I endorse it personally in that the burden will shifted off us individually. We can always terminate the contract if that is our wish in the future. Thanks for your prompt return of the ballot. Gary Engelking, President THA particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 17th day of June, 1998, at the hour of 8:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 868 -1216. 2 MSRdsp March 28, 1997 1: \WPIAMNRSW 1273\RF.S971FXA•LI.A.97 Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, inducting trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, Ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenanc es,.induding the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. Zone 16 (Beauchamps Landscape District) Provides for landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision; Tract 7763. Zone 17 (Sunland Park Landscape District) Provides for landscape maintenance along the Quito Road frontage of Tracts 976 and 977. Zone 22 (Prides Crossing Landscape District) Provides for periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Titus Avenue and along Cox Avenue between the Route 85 overcrossing and Saratoga Creek. includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938 and 1996). Zone 24 (Village Commercial Landscape and Lighting District) Provides for routine maintenance of Village Parking Districts 1 -4, Big Basin Way landscaping and street lighting. Zone 25 (Saratoga Legends Landscape District) Provides for landscape maintenance along the Saratoga Sunnyvale Road frontage, and pedestrian pathways within Tract 8896. Zone 26 (Bellgrove Landscape and Lighting District) Provides for common area landscape maintenance and lighting associated with Tract 8700. Zone 27 (Cunningham Place /Glasgow Court Landscape District) See description for Zone 10.. Zone 28 (Kerwin Ranch Landscape District) Provides for landscape maintenance along the Fruitvale and Saratoga Ayes. Frontages of Tracts 8559 and 8560. Zone 29 (Tollgate Landscape and Lighting District) Provides for maintenance of the common area landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946 and 5001. Zone 30 Provides for 25% of the operational costs for the traffic signal at the Saratoga Sunnyvale Road /Pierce Road intersection. RECORD OWNER(S) SIGNATURE(S) RECORD OWNER(S) SIGNATURES) ZONE 29 BALLOT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1998 -1999 ZONE 30 BALLOT EXISTING ASSESSMENT 0.00 PROPOSED ASSESSMENT 70.34 SUPPORT PROPOSED ASSESSMENT OPPOSE PROPOSED ASSESSMENT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1998 -1999 EXISTING ASSESSMENT 0.00 PROPOSED ASSESSMENT $1,665.00 SUPPORT PROPOSED ASSESSMENT OPPOSE PROPOSED ASSESSMENT CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 98 -99 ZONE 7A ZONE 7B ZONE 9 ZONE 10 ZONE 11 ZONE 12 OF PARCELS 470 292 48 9 250 9 FACTOR 0.1284 0.0798 0.0131 0.0025 0.0683 0.0025 (1) EXPENDITURES 1001 WAGES 5 1,822.74 5 1,132.43 $242.41 545.45 5 1,262.55 545.45 (2) Public Works Dir. 456.26 283.47 46.60 8.74 242.69 8.74 Public Works Svcs. Mgr. 796.98 495.15 81.39 15.26 423.93 15.26 Office Specialist II 569.49 353.81 58.16 10.91 302.92 10.91 Park Maint. Leadworker 56.26 10.55 293.00 10.55 Park Maint. Worker II 2001 BENEFITS $546.82 $339.73 572.72 513.64 5378.76 $13.64 (3) Public Works Dir. 136.88 85.04 13.98 2.62 72.81 2.62 Public Works Svcs. Mgr. 239.10 148.54 24.42 4.58 127.18 4.58 Office Specialist II 170.85 106.14 17.45 3.27 90.88 3.27 Park Main. Leadworker 16.88 3.16 87.90 3.16 Park Maint. Worker II 4010 GENERAL CONTRACTS 4011 LEGAL SERVICES $64.19 539.88 56.56 51.23 534.14 51.23 (4) 4013 ENGINEERING SERVICES Engineer's Report New Parcel Charge 4014 REPAIR SERVICES 4015 MAINTENANCE SERVICES 5540.00 $405.00 $900.00 5900.00 (6) INDIRECT COST ALLOCATION TOTAL EXPENDITURES ESTIMATED PROPERTY TAXES CARRYOVER FROM FY 97 -98 TOTAL TO ASSESS CARRYOVER NOT ASSESSED CARRYOVER TO FY 99 -00 NET TO ASSESS PRELIMINARY ASSESSMENT MAX ALLOWABLE ASSESSMENT LLA9899P 5789.92 5490.76 580.67 515.13 5420.17 515.13 (5) 789.92 490.76 80.67 15.13 420.17 15.13 4040 ADVERTISING 564.19 539.88 56.56 5 1.23 534.14 51.23 (7) 4022 WATER 52,005.00 5700.00 51,065.00 5275.00 (8) 4023 POWER 55,775.00 50.00 50.00 50.00 50.00 50.00 (9) Controllers Streetlights 5,775.00 SUB -TOTAL $9,062.87 52,042.68 52,953.92 51,181.67 54,094.77 51,251.67 5906.29 5204.27 5295.39 5118.17 5409.48 5125.17 (10) x x x x 59,969.16 52,246.94 53,249.31 51,299.84 54,504.25 51,376.84 516,530.00 55,120.00 (11) 522,918.12 (52,873.06) (5451.00) ($3,150.00) ($2,208.00) (51156.00) (12) (529,478.96) 50.00 53,700.31 54,449.84 $6,712.25 52,532.84 (51,860.93) (5668.79) (13) 529,478.96 50.83 (14) (50.00) 50.83 53,700.31 52,588.91 56,712.25 51,864.05 (50.00) 50.00 577.09 5287.66 526.85 $207.12 (15) 550.00 (16) CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 98 -99 EXPENDITURES 1001 WAGES Public Works Dir. Public Works Svcs. Mgr. Office Specialist II Park Maint. Leadworker Park Maint. Worker II 2001 BENEFITS Public Works Dir. Public Works Svcs. Mgr. Office Specialist II Park Maint. Leadworker Park Maint. Worker 11 4010 GENERAL CONTRACTS 4011 LEGAL SERVICES 4013 ENGINEERING SERVICES Engineer's Report New Parcel Charge 4014 REPAIR SERVICES 4015 MAINTENANCE SERVICES 4040 ADVERTISING 4022 WATER 4023 POWER Controllers Streetlights OF PARCELS FACTOR INDIRECT COST ALLOCATION TOTAL EXPENDITURES ESTIMATED PROPERTY TAXES CARRYOVER FROM FY 97 -98 TOTAL TO ASSESS CARRYOVER NOT ASSESSED CARRYOVER TO FY 99 -00 NET TO ASSESS PRELIMINARY ASSESSMENT MAX ALLOWABLE ASSESSMENT LLA9899P ZONE 26 ZONE 27 94 31 0.0257 0.0085 5474.72 5156.56 91.25 30.09 159.40 52.57 113.90 37.56 110.17 36.33 $142.42 546.97 27.38 9.03 47.82 15.77 34.17 11.27 33.05 10.90 5108.43 $12.84 $4.23 5157.98 552.10 157.98 52.10 511,700.00 $12.84 53,600.00 5600.00 600.00 0.00 $1,395.00 54.23 5515.00 SUB -TOTAL 516,700.79 52,282.52 5124,183.13 510.13 50.00 52,505.77 50.00 580.83 5475.00 SUBTOTAL 3661 1.0000 (1) 525,639.00 (2) 53,554.00 56,208.00 54,436.00 57,135.00 54,306.00 57,691.70 (3) 51,066.20 $1,862.40 $1,330.80 52,140.50 $1,291.80 5108.43 56,153.00 (5) 56,153.00 50.00 50.00 530,200.00 5500.00 514,435.00 $38,956.00 5665.00 538,291.00 51,670.08 5228.25 512,418.31 (10) $18,370.87 52,510.77 5136,601.44 570,355.00 518,381.00 55.00 $88,005.00 (510.13) 52,505.77 (521,758.56) (53,864.27) 573,680.07 548,05 7.24 5500.00 (4) (6) (7) (8) (9) Notes for Assessment Schedule 1. The Factor for each Zone represents the number of parcels in each Zone as a percentage of the total number of parcels in the District. 2. Wages include 5% of Public Works Director, 10% of Public Works Services Manager, 10% of Office Specialist 11, 15% of Parks Maintenance Leadworker, and 10% of Park Maintenance Worker 11. Wages are spread to each zone per the factor. 10% of wages for Parks Maintenance Leadworker are spread proportionately to landscape districts only. The remaining 5 plus wages for the Park Maintenance Worker 11, are assigned to Zone 24 only. 3. Benefits are estimated at 30% of wages and are spread the same as wages. 4. Legal Services are fixed at $500 and are spread to each Zone per the factor. 5. Engineer's Report charges are spread to each Zone per the factor. New Parcel Charges are assigned to those Zones in which new parcels have been added from the previous year. 6. Maintenance Services are the proposed landscape maintenance costs for landscape districts as bid on April 7, 1998. 7. Advertising is spread to each zone per the factor. 8. Water is estimated annually for landscape districts based on historical usage. 9. Power is estimated for both landscaping and street lighting districts based on historical usage. 10. Indirect Costs are determined from the City's Indirect Cost Allocation model and are spread to each zone per the factor. Preliminary estimate is 10% of direct costs. 11. Property Tax revenues are estimated annually for the original 7 Zones of the District. 12. Carryover from FY 97 -98 is calculated from the audited fund balance figures for FY 96 -97 projected through the end of FY 97 -98. 13.Carryover Not Assessed represents a portion of the negative carryover balances for those Zones in a deficit position. The amounts not assessed are covered by the available fund balance. 14.Carryover to FY 99 -00 represents the projected surplus for each Zone at the end of FY 98 -99. 15. Preliminary Assessment is the Net to Assess for each Zone divided by the number of parcels, except for Zone 24. 16. Maximum Allowable Assessment represents what the property owners in each Zone have approved via their assessment ballots. ZONE DATE FY FY FY FY FY FY FY FY CREATED 88 -89 89 -90 90-91 91 -92 92 -93 93 -94 94-95 95 -96 0 (7C) 4/16/80 $21.66 821.66 814.64 873.56 849.72 872.64 (1) 1 4/16/80 81 13.54 8105.94 895.12 $101.54 862.20 $90.32 877.68 833.88 2 4/16/80 829.66 832.00 834.62 $36.50 85.98 $18.15 8118.68 840.04 3 4/16/80 823.06 846.82 $13.14 815.36 825.80 845.21 825.26 832.52 4 4/16/80 81.86 81.86 $1.60 82.10 823.84 80.00 80.00 80.00 5 4/16/80 84.98 84.98 86.24 86.40 80.00 80.00 80.00 80.00 6 4/16/80 810.60 $10.60 88.62 $8.58 $0.00 $0.00 825.40 852.50 7 (7R) 4/16/80 82.64 82.64 83.78 $4.26 86.88 80.00 $10.88 80.00 8 (VPD #1) 4/16/80 8330.36 8117.20 80.00 8133.36 80.00 80.00 (1) 9 5/4/83 8113.74 8157.20 $136.74 8144.82 8138.82 8161.30 8169.92 8201.02 10 4/18/84 8234.70 8435.80 8348.74 8385.38 8371.12 8326.17 8442.58 8337.98 11 4/18/84 88.04 $8.76 89.58 810.72 811.32 815.48 819.02 813.86 12 4/17/85 $168.04 8188.04 8209.84 $222.60 8242.42 8203.01 8380.00 8307.22 13 4/17/85 83.60 83.60 83.70 83.16 80.00 80.00 83.46 811.24 14 4/17/85 8114.48 $152.48 8137.56 8148.72 8192.74 8110.10 8264.58 8193.40 15 4/17/85 $83.76 $126.18 8102.60 3100.72 898.90 $227.39 8202.04 8146.92 16 4/16/86 83.22 83.22 859.88 $40.56 $45.16 842.58 854.40 840.80 17 4/15/87 87.70 87.70 88.72 88.66 80.00 85.06 825.20 8213.18 18 4/15/87 86.08 $135.18 8154.56 8164.94 888.10 80.00 80.00 8104.50 19 (VPD #2) 4/19/89 81,851.00 81,520.30 85,243.00 86,969.76 813,620.00 (1) 20 (VPD #3) 4/19/89 86,412.00 $6,414.00 814,092.00 818,770.62 821,252.35 (1) 21 (VPD #4) 4/19/89 80.00 8977.78 82,933.00 85,406.00 814,385.56 (1) 22 4/17/91 836.00 80.00 813.21 822.58 821.68 23 5/1/91 8110.00 (2) 24 8/3/94 80.00 80.00 25 7/1/97 26 7/1/97 27 7/1/98 28 7/1/98 29 7/1/98 30 7/1/98 (1) Zones 0, 8, 19, 20 21 merged to create Zone 24. (2) Zone detached on 5/20/92. (3) Zone detached in FY 96 -97. (4) Zones 14 18 merged to create Zone 27. LLA -HI STORY SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 ANNUAL ASSESSMENT HISTORY MAJORITY PROTEST PROCEDURES FOR SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT The following procedures have been adopted by the Saratoga City Council for the purpose of conducting this majority protest procedure. These procedures are intended to comply with Article XIIID of the California Constitution. Where no specific procedures are imposed by Article XIIID, these procedures comply with the requirements of the Landscaping and Lighting Act of 1972, other relevant statutory requirements, or basic principles of due process in order to ensure the integrity of the process. 1. The notice and ballot required by Article XIIID, Section 4(c) and (d) shall be mailed to all property owners of record subject to the assessment at least 45 days prior to the date of public hearing on the proposed assessment or increase in the assessment. The list of property owners of record shall be prepared by using the Santa Clara County equalized assessment roll as of the preceding March 15. 2. Ballots must be returned to the City Clerk. The ballots may be returned by persons other than the property owner. 3. Only original ballots, not copies, will be accepted. 4. The City Clerk may issue duplicate or replacement ballots to property owners (for instance where the original is lost or not delivered to the current owner) if the owner is able to provide sufficient evidence of ownership, such as a deed or property tax bill. In order to avoid multiple ballots being returned for a single property, the City Clerk shall maintain a log of all duplicate ballots issued. 5. Ballots may be returned until the close of the public hearing. Any person who has previously returned a ballot may withdraw his or her ballot or change his or her vote prior to the close of the public hearing, upon providing sufficient proof that he or she is the property owner of record or the authorized agent who cast the ballot. 6. The City Clerk may begin a preliminary tabulation of ballots prior to the public hearing as necessary to allow for a complete and timely final result at the public hearing. The tabulation shall be conducted by the City Clerk and any staff or contractors, as authorized by the City Clerk, necessary to complete the task. At the conclusion of the tabulation, the City Clerk shall certify the accuracy of the count. 7. All ballots received by the City Clerk prior to the public hearing shall remain 12. If the final tabulation of the ballots shows that a majority protest exists, the Council shall not impose the increased assessments. If no majority protest exists, the Council may adopt a resolution confirming the assessment for the following fiscal year. The resolution shall be forwarded to the County for inclusion on the county assessment roll. MSR:dsp F: \W PD\MNRSW\273\RES97\PROTEST.PRC 3 Printed on recycled paper. July 20, 1998 MT ©2 0 IV 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200 SUBJECT: Assessment Proposal for Perimeter Landscape Maintenance Services Dear Kerwin Ranch Property Owner, COUNCIL MEMBERS: Stan Bogosian Paul E. Jacobs Gillian Moran Jim Shaw Donald L. Wolfe Earlier this year, you were mailed information concerning a proposal to levy an annual assessment against your property for the purpose of maintaining the perimeter landscaping abutting the Kerwin Ranch subdivision. This is the landscaping that was installed along the Fruitvale and Saratoga Ayes. frontages of your neighborhood by the developer of the subdivision. Up until this time, this landscaping has been maintained by the developer, however the developer's obligation to maintain the landscaping expired on June 30. When the Kerwin Ranch development was originally approved by the City, it was anticipated that the responsibility for maintaining landscaping would pass from the developer to the 16 property owners within the subdivision at the conclusion of the developer's required maintenance period. This was to have been accomplished through annexation of the properties into the City's Landscaping Lighting Assessment District. In fact, the developer agreed to waive his right, along with the rights of the successor owners of the 16 lots within the subdivision, to be annexed into the District. However, Proposition 218, passed by the voters in November of 1996, appears to have nullified the developer's original commitment to the City. Instead, the property owners must now first approve their being annexed into the District through a balloting process. The materials you were previously mailed included general information about the Landscaping Lighting Assessment District, the balloting process, and the ballot itself. The deadline for returning ballots was originally June 17. However since fewer than half of the property owners within the development returned their ballots by that date, the City Council decided to extend the deadline to Wednesday, August 5, at which time the City Council must complete the tabulation of the ballots. This will be done at a Public Hearing scheduled for that evening at 8:00 p.m. in the City Council Chambers, 13777 Fruitvale Avenue. Specifically, you are being asked whether or not you would like for the City of Saratoga, through its Landscaping Lighting Assessment District, to continue providing for the maintenance of the perimeter landscaping bordering the Kerwin Ranch neighborhood through a private contractor. The annual cost to each property owner for the City to do this over the coming year is $229.94, an amount which would be levied as an assessment against each property and added to the property tax bills. This cost not only covers the cost of the monthly maintenance contract, but includes the cost of water and power for irrigation systems, and City administrative costs. These administrative costs amount to Tess than $15 of the total. Additionally, you are being asked to approve a maximum annual assessment of $300 for the fiscal year beginning July 1, 1999, along with a 5% maximum adjustment in subsequent years, above which only higher future proposed assessments would need to be voted on. Because each property owner's assessment would be the same, everyone's vote will be weighted equally. Thus, the results of the balloting will be determined by simple majority of those voting. If the number of votes received in opposition to the assessment proposal exceed the number of votes received in support thereof, then the City Council will have no choice but to abandon this proposal. In that event, the City would be unable to continue providing for the maintenance of these landscape improvements and it would be left up to the property owners to figure out for themselves how to accomplish the continuing maintenance assuming that is what is desired. The choice is completely up to you. Whatever your opinions, please register your vote on the assessment proposal and the continuation of these services by the City by completing and returning the enclosed pre- stamped postcard ballot by the close of the Public Hearing on August 5. Even if you previously returned your ballot, you are encouraged to do so again, particularly if you wish to change your prior vote. Thank you for your consideration of this important issue which directly affects your property. If you have any questions about this letter, the enclosed materials, or the postcard ballot, please call me directly at (408) 868 -1213. Sincerely, Larry I. Perlin City Manager enclosures Postcard Ballot Proposed budget (Assessment Schedule) for Zone 28 with explanatory notes CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 98 -99 EXPENDITURES 1001 WAGES Public Works Dir. Public Works Svcs. Mgr. Office Spedalist II Park Maint. Leadworker Park Maint. Worker II 4010 GENERAL CONTRACTS 4011 LEGAL SERVICES 4013 ENGINEERING SERVICES Engineer's Report New Parcel Charge LLA9B99P ZONE 28 OF PARCELS 16 FACTOR 0.0044 KEAI/Af gA,vcti ZONE 29 ZONE 30 SUBTOTAL TOTAL 60 1 77 3,738 0.0161 0:0003 561.79 5228.96 53.88 5294.62 525,933.62 (2) 15.46 57.31 0.97 573.74 53,627.74 27.01 100.10 1.70 5128.81 56,336.81 19.30 7153 1.21 592.04 54,528.04 0.01 0.02 50.02 57,135.02 54,306.00 2001 BENEFITS 518.54 568.69 51.16 588.39 57,780.09 (3) Public Works Dir. 4.64 17.19 0.29 522.12 51,088.32 Public Works Sva. Mgr. 8.10 30.03 0.51 538.64 51,901.04 Office Specialist 1I 5.79 21.46 0.36 $27.61 $1,358.41 Park Maint. Leadworker 0.00 0.01 $0.01 52,140.51 Park Maint. Worker II 51,291.80 50.00 5108.43 52.18 58.06 50.14 510.37 5510.37 (4) $139.77 5522.22 26.77 99.22 113.00 423.00 58.68 1.68 7.00 $670.67 $127.67 5543.00 56,823.67 (5) 56,280.67 5543.00 (1) 4014 REPAIR SERVICES 50.00 50.00 4015 MAINTENANCE SERVICES 51,920.00 53,000.00 $1,500.00 56,420.00 536,620.00 (6) 4040 ADVERTISING 52.18 58.06 50.14 510.37 5510.37 (7) 4022 WATER 51,200.00 51,200.00 515,635.00 (8) 4023 POWER 50.00 538,956.00 (9) Controllers 50.00 5665.00 Streetlights 50.00 538,291.00 SUB -TOTAL 53,344.45 53,835.98 51,513.99 58,694.42 5132,877.55 INDIRECT COST ALLOCATION $334.44 5383.60 5151.40 5869.44 513 287.76 (10) TOTAL EXPENDITURES 53,678.89 54,219.58 51,665.39 59,563.87 5146,165.31 ESTIMATED PROPERTY TAXES $0.00 570,355.00 (1 1) CARRYOVER FROM FY 97 -98 50.00 50.00 50.00 50.00 588,005.00 (12) TOTAL TO ASSESS 53,678.89 54,219.58 51,665.39 59,563.87 (512,194.69) CARRYOVER NOT ASSESSED 50.00 (53,864.27) (13) CARRYOVER TO FY 99-00 50.00 573,680.07 (14) NET TO ASSESS 53,678.89 54,219.58 51,665.39 59,563.87 557,621.11 PRELIMINARY ASSESSMENT 5229.93 570.33 51,665.39 51,965.65 (15) MAX ALLOWABLE ASSESSMENT (16) Notes for Assessment Schedule 1. The Factor for each Zone represents the number of parcels in each Zone as a percentage of the total number of parcels in the District. 2. Wages include 5% of Public Works Director, 10% of Public Works Services Manager, 10% of Office Specialist II, 15% of Parks Maintenance Leadworker, and 10% of Park Maintenance Worker IL Wages are spread to each zone per the factor. 10% of wages for Parks Maintenance Leadworker are spread proportionately to landscape districts only. The remaining 5 plus wages for the Park Maintenance Worker II, are assigned to Zone 24 only. 3. Benefits are estimated at 30% of wages and are spread the same as wages. 4. Legal Services are fixed at $500 and are spread to each Zone per the factor. 5. Engineer's Report charges are spread to each Zone per the factor. New Parcel Charges are assigned to those Zones in which new parcels have been added from the previous year. 6. Maintenance Services are the proposed landscape maintenance costs for landscape districts as bid on April 7, 1998. 7. Advertising is spread to each zone per the factor. 8. Water is estimated annually for landscape districts based on historical usage. 9. Power is estimated for both landscaping and street lighting districts based on historical usage. 10.Indirect Costs are determined from the City's Indirect Cost Allocation model and are spread to each zone per the factor. Preliminary estimate is 10% of direct costs. 11. Property Tax revenues are estimated annually for the original 7 Zones of the District. 12.Carryover from FY 97 -98 is calculated from the audited fund balance figures for FY 96 -97 projected through the end of FY 97 -98. 13.Carryover Not Assessed represents a portion of the negative carryover balances for those Zones in a deficit position. The amounts not assessed are covered by the available fund balance. 14.Carryover to FY 99 -00 represents the projected surplus for each Zone at the end of FY 98 -99. 15. Preliminary Assessment is the Net to Assess for each Zone divided by the number of parcels, except for Zone 24. 16. Maximum Allowable Assessment represents what the property owners in each Zone have approved via their assessment ballots. EXECUTIVE SUMMARY NO. MEETING DATE: AUGUST 5,1998 ORIGINATING DEPT.: PUBLIC WORKS Recommended Motion41: SARATOGA CITY COUNCIL AGENDA ITEM (D 8 CITY MGR.: PREPARED BY• SUBJECT: Monthly Landscape Maintenance Services Award of Monthly Maintenance Contract 1. Move to declare Diablo Landscape Management, Inc. of San Jose to be the lowest responsible bidder on the project. 2. Move to award a monthly maintenance contract to Diablo Landscape Management, Inc. in the amount of $4,090 per month Report Summary: Bids for the Monthly Landscape Maintenance Services were opened on April 7. A list of the areas which will receive maintenance services are attached (Attachment 1). A total of six contractors submitted bids and a summary of the bids received is also attached (Attachment 2). The bid was broken down into four items. A bidder had the choice of bidding on all or any of the four bid items. Diablo Landscape Management, Inc. of San Jose, which is currently working for the City, submitted the lowest bids on all four bid items for a total of $4,090 per month. 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 April 7. However, staff has experienced some past dissatisfaction with the quality of maintenance services provided by Diablo. Because of this dissatisfaction, staff held a meeting with Diablo to discuss the various problems with their past performance. The meeting concluded with a clear understanding that Diablo would need to provide a higher level of service in order for them to continue working for the City. Although Diablo was certain in it's ability to raise the level of service provided to the City, staff will closely monitor the future performance of Diablo to make certain the City continuously receives the level of service expected. It is therefore recommended that the Council declare Diablo Landscape Management, Inc. of to be the lowest responsible bidder on the project, and award the attached monthly maintenance contract (Attachment 3) to this firm in the amount of their bid. Fiscal Impacts: Funding for this work is programmed in the adopted budget in Activity 3025 (Medians and Parkways) Account No. 4515 (Maintenance Services), Activity 3030 (Parks/Open Space) Account No. 4515 (Maintenance Services), and Activity 3040 (Landscape and Lighting District) Account No. 4515 (Maintenance Services). The adopted budget contains sufficient funds to cover the contract. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: Diablo Landscape Management, Inc. will not be declared the lowest responsible bidder and a monthly maintenance 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. Attachments: 1. List of Maintenance Areas. 2. Bid Summary. 3. Monthly Maintenance Contract. REQUEST FOR LANDSCAPE SERVICES LL &A MAINTENANCE Please submit a proposal for maintenance of the following LL&A (Landscape, Lighting Assessment) Districts in the City of Saratoga. The scope of work and frequencies can be found in article II (Specific Conditions) of the Landscape Maintenance Specifications section in your Contract Documents. A. Zone #1 Manor Dr. Landscape District, Project 1782 Manor Dr. median strip and circle area. Along Sunnyvale/Saratoga Rd. up to railroad tracks. B. Zone #2 Fredericksburg Landscape District, Project 1780 Landscape parkway along Cox Ave. northside, between Glen Arbor Ct. and Rodeo Creek. C. Zone #3 Greenbriar Landscape District, Project 1781 Parkway landscaping along northside of Cox Ave. between Seagull Wy. And Southern Pacific railroad tracks. Landscaping on Guava Ct. along Southern Pacific railroad right of way. Landscaping along Goleta Ave. adjacent to the Azule Park site, and the 85 pedestrian overcrossing. D. Zone #9 McCartysville Landscape District, Project 1783 Landscaping along east side of Sunnyvale/Saratoga Rd. between Cox Ave. and the Southern Pacific railroad tracks. E. Zones #10 Tricia Woods Landscape District, Project 1785 14 Cunningham Place Landscape District, Project 1788 18 Glasgow Ct. Landscape District, Project 1792 Landscaping along east side of Sunnyvale/Saratoga Rd. between Miljevich Dr. and Blauer Dr. F. Zone #11 Arroyo de Saratoga Landscape District, Project 1784 Median Landscape on Via Monte Dr. at Saratoga Ave. Corner Landscape area southside of Via Monte Dr. at Saratoga Ave. Median landscape on Via Arriba at Via Monte. G. Zone #12 Leutar Ct. Landscape District, Project #1786 Landscape area on Leutar Ct. adjacent to Southern Pacific railroad right o f way. Ii. Zone #15 Bonnet Way Landscape District, Project #1789 Landscaping along soundwall on Bonnet Wy. Including small median island. L Zone #16 Beauchamps Landscaping District, Project #1790 Landscaped entrance to Beauchamps development at Beauchamps Ln. and Prospect Rd. J. Zone #17 Sunland Park Landscape District, Project #1791 Landscaping along eastside of Quito Rd. from McCoy Ave to just north of Baylor Ave. K. Zone #22 Prides Crossing Landscape District, Project #1796 Landscaping along south side of Prospect Rd. between Titus Ave. and Covina Ct. Landscaping along Cox Ave., both sides of the street, from Glen Brae Dr. to Saratoga creek. Landscaped area on Glen Brae Dr. adjacent to Congress Springs Park. L. Zone #27 Kerwin Ranch Landscape District, Project Landscaping along east side of Fruitvale Ave. starting at Wildcat creek and continuing onto Saratoga Ave. to Lisa Marie Ct. REQUEST FOR LANDSCAPE SERVICES ZONE #26 BELLGROVE LANDSCAPE DISTRICT. Please submit a proposal for the maintenance of the above mentioned LL&A (Landscape, Lighting and Assessment) District located in the City of Saratoga. The scope of work and frequencies can be found in article II (Specific Conditions) of the Landscape Maintenance Specifications section in your Contract Documents, with the exception of INSPECTION OF PLAYGROUND AND PAR COARSE EQUIPMENT; Contractor will conduct weekly safety inspections of all Playground and Par coarse equipment while on the premises to conduct other maintenance tasks. Contractor will fill out and sign an inspection check list provided by the City, and fax a copy of that check list back to the city offices within 24 hr's of inspection. All safety questions or concerns are to be reported to the City either in person or by telephone immediately. REQUEST FOR LANDSCAPE SERVICES SARATOGA CIVIC CENTER Please submit a proposal for maintenance of the following landscaped area's surrounding the Civic Center complex in the City of Saratoga. The scope of work and frequencies can be found under article two (Specific Conditions) in the Landscape Maintenance Specifications section of your Contract Documents. Community Center: This includes the rear patio area located behind the building, as well as all landscaping surrounding the front and sides. Civic Theater City Hall; All landscaping surrounding these buildings, as well as the inner courtyard, and parking lot plantings. Warner Hutton House: All surrounding landscaping including, perennials and roses. REQUEST FOR LANDSCAPE SERVICES MEDIAN MAINTENANCE Plesie submit a proposal for maintenance of the following landscaped medians in the City of Saratoga. The scope of work and frequencies are as follows: Monthly weeding and irrigation check, quarterly pruning and clearance of shrubs and trees, applications of fertilizer and pre emerge herbicide twice per year (spring/fall), pest control as needed. In addition where applicable all traffic control measures must meet Cal -Trans requirements. Fruitvale Ave. (From San Marcos Rd. to Burgundy Wy.) Fruitvale Ave. (From Allendale Ave. to Saratoga Ave.) Allendale Ave. Saratoga Ave. (From Fruitvale Ave. to Quito Rd.) This median includes both sides at Dagmar Dr. Sunnvvale/Saratoea Rd. (From S.P. Tracks to Hwy.9) Prospect Rd. (From Titus Ave. to Saratoga creek) DIABLO LANDSCAPING, INC. ENVIRONMENTAL CARE, INC. NEW IMAGE LANDSCAPING CO. ITEM ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1. Zone 1 Manor Drive 1 LS N/A $110.00 N/A $198.00 N/A NO BID CITY OF SARATOGA BID SUMMARY: MONTHLY LANDSCAPE MAINTENANCE SERVICES BID OPENING DATE: APRIL 7,1998 Zone 2 Fredricksberg 1 LS N/A $110.00 N/A $190.00 N/A NO BID Zone 3 Greenbrier 1 LS N/A $110.00 N/A $194.00 N/A NO BIp Zone 9 McCartysville 1 LS N/A $45.00 N/A $580.00 N/A NO BID Zone 10 Trica Woods 1 LS N/A $150.00 N/A $586.00 WA NO BID Zone 14 Cunningham Place Zone 18 Glasgow Court Zone 11 Arroyo de Saratoga Zone 12 Leuter Court Zone 15 Bonnet Way Zone 16 Beauchamps 1 LS N/A $160.00 N/A $95.00 N/A NO BID Zone 17 Sunland Park Zone 22 Prides Crossing Zone 27 Kerwin Ranch 2. Zone 26 Bellgrove 3. Saratoga Civic Center 4. Medians and Parkways 1 LS 1 LS 1 LS 1 LS WA $75.00 N/A $391.00 N/A NO BID 1 LS N/A $75.00 N/A $579.00 N/A NO BID 1 LS NIA $160.00 N/A $393.00 N/A NO BID TOTAL ITEM 1 $1,385.00 $3,886.00 N/A •J 1 LS 1 LS 1 LS WA $75.00 WA $97.00 N/A NO BID N/A $75.00 N/A $190.00 N/A NO BID N/A $240.00 N/A $393.00 N/A NO BID N/A $975.00 N/A $2,998.00 N/A $1,950.00 N/A $690.00 N/A $823.00 N/A NO BID N/A $1,040.00 N/A $1,856.00 N/A NO BID CITY OF SARATOGA BID SUMMARY: MONTHLY LANDSCAPE MAINTENANCE SERVICES BID OPENING DATE: APRIL 7, 1998 DMS HORTICULTURAL SERVICES SHIMADA LANDSCAPE, INC. GLM LANDSCAPES ITEM ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1. Zone 1 Manor Drive 1 LS N/A $322.00 N/A NO BID N/A NO BID Zone 2 Fredricksberg 1 LS N/A $580.00 N/A NO BID WA NO BID Zone 3 Greenbrier 1 LS N/A $282.00 N/A NO BID N/A NO BID Zone 9 McCartysville 1 LS N/A $295.00 N/A NO BID N/A NO BID Zone 10 Trica Woods 1 LS N/A $460.00 N/A NO BID N/A NO BID Zone 14 Cunningham Place Zone 18 Glasgow Court Zone 11 Arroyo de Saratoga 1 LS N/A $60.00 N/A NO BID N/A NO BID Zone 12 LeuterCourt 1 LS N/A $125.00 N/A NO BID N/A NO BID Zone 15 Bonnet Way 1 LS N/A $218.00 N/A NO BID WA NO BID Zone 16 Beauchamps 1 LS N/A $110.00 N/A NO BID N/A NO BID Zone 17 Sunland Park 1 LS N/A $506.00 N/A NO BID N/A NO BID Zone 22 Prides Crossing 1 LS N/A $750.00 N/A NO BID N/A NO BID Zone 27 Kerwin Ranch 1 LS N/A $345.00 N/A NO BID N/A NO BID TOTAL ITEM 1 $4,053.00 N/A N/A 2. Zone 26 Bellgrove 3. Saratoga Civic Center 4. Medians and Parkways 1 LS WA $2,666.00 N/A $2,494.00 N/A $6,500.00 1 LS WA $1,340.00 N/A $935.00 N/A $4,500.00 1 LS N/A $1,600.00 N/A NO BID N/A NO BID -,J CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS MONTHLY LANDSCAPE MAINTENANCE SERVICES THIS CONTRACT, made this 5th day of August 1998 by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Diablo Landscape Management, Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused to be prepared in the manner prescribed by law, specifications and other contract documents, for the work herein described and shown, and has approved and adopted these contract documents and specifications 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 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 a lowest responsible bidder and has duly awarded to the Contractor a contract for certain 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, and apparatus; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to perform all of the designated work for the City of Saratoga in conformity with the 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. 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 liabilities and other insurance; for all fees or royalties or other expenses 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 the work, all according to the contract specifications, instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Contract for Public Works 4. Hold Harmless Clause 5. Specifications consists of the following: 6. Insurance Certificates 7. Prevailing Wage Rates 8. City of Saratoga DBE Requirements AWARDED BY CITY COUNCIL: CITY OF SARATOGA: Date: ATTEST: In case of any conflict between this Contract and any other part of 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. City Clerk The foregoing Contract is approved as to form this day of 19 Contract No. City Attorney Funds Verified: Finance Director By CONTRACTOR: Diablo Landscape Management, Inc. Titl eVice President /General Mgr. License No. #637988- C27 Tax ID or SSN #94- 2499431 EXECUTIVE SUMMARY NO: SARATOGA CITY COUNCIL MEETING DATE: August 5,1998 CITY MANAGER: ORIGINATING DEPARTMENT: s mmunity Development PREPARED BY: James Walgr ommunity Development Director SUBJECT: AGENDA ITEM: CD DR -96 -056.1 UP -96- 016.1; Saratoga Sunnyvale Road Blauer Drive SARATOGA COURTYARDS, LLC /ARGONAUT ASSOCIATES RECOMMENDED MOTION: Affirm the Planning Commission's determination and deny the appeal. REPORT SUMMARY: Description: Appeal of Planning Commission denial of a request to allow the free standing Pad B building to be separated from the overall Argonaut Shopping Center approval. Request for modification of Design Review and Use Permit approvals previously granted to redevelop and expand the Argonaut Shopping Center. The approved plans included adding approximately 10,000 sq. ft. to the existing Safeway Supermarket, renovating the existing Center buildings and parking lot and constructing two new free standing buildings. The modification request is to allow the free standing building approved for Pad B at the southeast corner of Saratoga Sunnyvale Road and Blauer Drive to be separated from the overall project approval so that they may proceed independently with construction of that building. Discussion: The renovation and expansion of the Argonaut Shopping Center was approved by the Planning Commission in February 1997. This approval was "called -up" for review and affirmed by the City Council in March 1997. The Council noted the importance of the project to the community in their decision to also go on record in support of the Center improvements. While the expansion and renovation of the existing structures was strongly supported, the proposed Pad A free standing building across the parking lot from the existing structures and fronting Saratoga Sunnyvale Road was a concern with some of the Councilmembers who felt it may set a negative precedent (City Council March 1997 minutes attached). The Pad A free standing building is physically attached to the Argonaut Shopping Center. The Pad B building is across Blauer Drive from the Center. Pad B was originally submitted with the overall redevelopment proposal and the application was approved, in whole, per the attached plan set marked Exhibit "A In December 1997 representatives of the Argonaut Associates requested Planning Commission re consideration of staff's determination that the Pad B building was truly integral and part of the overall project approval. This was an informal request and was heard as a Commission Item at the end of a regularly scheduled public hearing meeting. The Planning Commission rejected their request to separate the Pad B building from the overall project approval and directed staff accordingly. The property was then sold and the new owners submitted a formal request to the Planning Commission via a modification application (DR -96 -056.1 UP -96- 016.1) to allow construction of the Pad B building be go forward independent of the overall project. The Building Permits for the overall Center have been temporarily put on hold by the owners of the Center and the new owners of Pad B were, and are, concerned that their project is being held up by factors that are beyond their control. The Planning Commission heard this request at their July 8 public hearing. Following discussion, the Commission voted unanimously to deny the request. Commissioners noted their frustration with the poor condition of the Center and the lack of progress with the renovation plans. The general consensus of the Planning Commission was that if Pad A or B was separated from the overall project approval and built, there could no assurances that the Center renovations would occur. Recommendation: Staff agrees with the applicants that the Pad B building is distinctly different from the Pad A building, and the overall Center, in that it is both physically separated and now separately owned. However, the Planning Commission has been consistently clear to the owners of Pad B that it was considered to be integral to the overall project approval. Based on the Planning Commission's determination, staff is recommending that the appeal be denied and that the request to modify the overall project approval to allow the Pad B building to be constructed independent of the Argonaut Shopping Center be rejected. 2 If the appeal is denied, the applicants could then either: Wait until permits are issued for the entire Argonaut Shopping Center and then begin construction of the Pad B building, or Wait until the Argonaut Shopping Center permits expire and then file a new independent application. FISCAL IMPACTS: Minimal to the City delay in collecting Pad B building permit and construction tax fees. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of this appeal hearing was published in the Saratoga News and was mailed to property owners within a 500 ft. radius of the Argonaut Shopping Center. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: If the City Council approves the appeal request to separate Pad B, the applicant/appellant would be issued building permits and allowed to commence construction. Staff would prepare a Resolution acknowledging the City Council's decision for the next available meeting, which would include a proportionate degree of Center improvement requirements (e.g. construction of the new medians along Blauer Drive). FOLLOW UP ACTIONS: A Resolution will be prepared and scheduled for the next available Council meeting memorializing the City Council's decision. ATTACHMENTS: 1. Appellant Correspondence 2. Planning Commission minutes dated July 8, 1998 3. Planning Commission Resolution DR -96 -056.1 UP -96 -016.1 4. City Council minutes dated March 19, 1997 5. Approved Argonaut Shopping Center Plans, Exhibit "A" 3 Mayor Donald Wolfe Vice Mayor Jim Shaw Council Member Stan Bogosian Council Member Paul Jacobs Council Member Gillian Morgan City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor and Council Members: S i itat GOT COURTYARDS July 30, 1998 LLC As the President of Saratoga Courtyards, LLC, I am requesting that the City council approve the modification of the design review and use permit approvals provided in Resolution 97 -17, to allow development of my separate parcel, Pad B, and that the city council instruct the planning and building departments to issue the appropriate grading and building permits for Pad B. Approval should be granted because Pad B is a separate parcel, with its own parking and utilities, separated from the Argonaut Shopping Center by a city street, Blauer Drive. I, the owner of Pad B, have no ownership interest in the Argonaut Shopping Center, and have no control or influence over the timing or manner of Argonaut Associates' development of the center. The use permit conditions set forth in Resolution 97 -17, see Item "A" attached, do not provide that pad B must be developed simultaneously with the center, and delaying the development of Pad B will not in any way ensure that the overall renovation of the center will occur. I have met all of the conditions for the issuance of a building permit for Pad B. The only impediment is the Planning Commission's unwarranted refusal to allow me to proceed. It is simply unreasonable for the City to hold the development of my parcel, Pad B, hostage, pending the development of my neighbor's project. I understand that the Planning Commission wants Pad B to be developed simultaneously with the Center. This appears to be nothing more than their subjective belief, unsupported by the permit approvals that are in place for Pad B and the Center. Saratoga Courtyards 1855 Park Avenue, San Jose, California 95126 July 30, 1998 Page Two I chi COURTYARDS LLC Staff, in its report to the Planning Commission dated July 8, 1998, agrees with me that Pad B is distinctly different from the Pad A building and the Center, as it is physically separated and separately owned. I do take strong exception to the statement in the report that the Planning Commission has been consistently clear to me that the development of Pad B must be part of the overall approval for the Center. That is not a condition of the use permit, nor, to my knowledge, is it stated in the record for approval of the permit. Up until the denial of this application by the Planning Commission, it has been my understanding, based on the conditions of approval I have received from the City of Saratoga, that the approvals of these separate parcels were not linked Resolution 97 17 Resolution 97 -17, approving the design review application and the conditional use permit application, was passed by the City Council on April 2, 1997. A copy of the resolution is enclosed as Item "A It should be noted that the use permit is only necessary to allow the expansion of the Safeway supermarket. Pad B alone does not need a use permit for the use I plan to build. Pad B is not asking for any design review changes and is ready to proceed with approved plans per the original Exhibit A resolution site and architectural plans. When I bought Pad B in March of 1998, I read and relied on the Resolution's conditions of approval. There is no condition stating that permits must be issued simultaneously. Quite to the contrary, the conditions state that either one or the other party can proceed once it has met the conditions of the resolution. For instance, Section 3, paragraph 12.d on page 6 provides that, "prior to the issuance of any permits for construction activity on either property, the owner (applicant) shall submit an improvement plan depicting the proposed layout and landscaping of the new median islands to the Public Works Director for review and approval Likewise, paragraph 12.f on the same page requires the posting of a performance bond for improvements, "prior to the issuance of any permits for construction activity on either property Either does not mean both. Either is the opposite of both. The Resolution provides that these conditions can be met by either party, not that they must be met by both Pad B and the Center. I must follow this resolution. The only reasonable interpretation of these conditions is that the development of separate parcels can proceed separately. I am ready to do so. As staff confirms and as I state below, I have met all of the conditions of the use permit and have submitted all the necessary plans and documentation for a building permit. Saratoga Courtyards 1855 Park Avenue, San Jose, California 95126 July 30, 1998 Page Three COURTYARDS LLC The Planning Commission Findings At its July 8, 1998. meeting, in denying my application to modify the design review and use permit approval the Planning Commission passed a Resolution, with only one finding: The Planning Commission finds that it is critical to the original project approval that all of the Argonaut Shopping Center improvements happen simultaneously to ensure that the overall renovation of the Center does occur. This finding is completely contrary to the facts surrounding the Center and Pad B, and contrary to the plain meaning of Resolution 97 -17. The Planning commission did not and cannot recite any specific facts that support their denial of my application. Resolution 97 -17 does not require or even suggest simultaneous development, and no other records or conditions as to the Center and Pad B approvals support such a proposition. The facts are clear. I own Pad B and am not involved in the ownership or development of the Center in any way. Pad B is a separate parcel, with separate utilities, parking and street access. The development of Pad B, or the City's denial of my right to use my property for its intended purpose, will not meet the Planning Commission goal, to "ensure that the overall renovation of the Center does occur I understand that the Planning Commission would like the Center and Pad B to develop at the same time. But delaying Pad B will not speed up the Center; it will only damage the owners of Pad B. I have a tenant who has signed a lease and can occupy the office building on Pad B as soon as I can build. The owners of the Center, who already have tenants and receive income from the Center, are not influenced by what might be happening with my project on Pad B. They have their own agenda, which the City can influence on its own, through the building approval process. As to Saratoga's concern about architectural continuity, Argonaut Associates agrees that they will pursue the same architecture as Pad B. This assurance is given in a letter, dated May 18, 1998 from the Center's owner, and a copy is enclosed here as Item `B The City simply has no rational basis for holding the development of Pad B hostage to the renovation of the Center. Not only does it violate my property rights; it is simply ineffective to achieve the renovation of the Argonaut Shopping Center. Saratoga Courtyards 1855 Park Avenue, San Jose, California 95126 July 30, 1998 Page Four J a GO COURTYARDS LLC Pad B is Ready for Building Permit Approval Pad B is a separate parcel, under separate ownership, bordered by two public streets. If it were not subject to CUP 96- 016.1, it would not even need a use permit to construct the proposed office building. CUP 96 -016.1 was only necessary due to the expansion of Safeway, which is not any part of my development project. What I request is a modification of this use permit, to assign a proportionate degree of the improvement requirements to Pad B, and for the City Council to direct staff to issue a building permit for Pad B. Pad B has met all of the conditions of Resolution 97 -17. These include submitting complete construction plans, landscape plans, having dumpsters walled off and providing the appropriate fire alarm system. I am ready to post a performance bond for Pad B's proportionate share of the utility undergrounding and for street improvements, including replacement of the medians on Blauer Drive per original Exhibit A approval. A letter of verification from the insurance broker is attached as Item "C." Improvement plans for these medians have been submitted, as required by Section 3, paragraph 12.d of Resolution 97 -17. I have my CalTrans permit, which will expire in December 1998. As James Walgren confirms in out meeting, see my letter dated July 24, 1998, all of the conditions for approval have been met. A copy of this letter is attached here as Item "D Modification of the Design Review Approval is not necessary, nor am I asking for any. I stand ready to build the improvements on Pad B in accordance with Site Plan, Grading, Drainage and utility Plan, Floor Plan, Roof Plan and Elevations approved by the City Council as Exhibit A to resolution 97 -17. I understand that the Center has largely complied with the conditions of the use permit, and is expected to post bonds, fees and resolve redline building issues in the near future. Because fees and bonding for public improvements have to be prorated between the Center and pad B, as separate building permit applicants, the rational and reasonable course is to allow the development of Pad B now. I therefore respectfully request that the City council: 1. Reverse the decision of the Planning Commission and approve my request for modification of Use Permit 96 -016. Saratoga Courtyards 1855 Park Avenue, San Jose, California 95126 July 30, 1998 Page Five ml Enclosures s COURTYARDS LLC 2. Direct staff to prepare an amended Resolution for adoption at the next City Council meeting, which will contain conditions of approval only applicable to pad B and which will require pad B to contribute it proportionate share of fees and bonds for improvement requirements. 3. Direct staff to immediately issue grading and building permits for Pad B, once the modified conditions of approval are met. Sincerely, Morici Saratoga Courtyards 1855 Park Avenue, San Jose, California 95126 ITEM A RESOLUTION NO. 97- 17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION DR -96 -056; UP -96 -016; ARGONAUT ASSOCIATES SARATOGA SUNNYVALE ROAD AT BLAUER DRIVE WHEREAS, Argonaut Associates, the applicants, have applied for design review approval to redevelop and expand the Argonaut Shopping Center by renovating the existing commercial structures and constructing two new free standing buildings. Use permit approval is necessary to allow the existing 30,070 sq. ft. Safeway Supermarket to be expanded by 10,720 sq. ft.; and WHEREAS, on February 12, 1997, the Planning Commission of the City of Saratoga held a duly noticed public hearing on said application at which time all interested parties were given a full opportunity to be heard and to present evidence and following the conclusion thereof, the Planning Commission granted the application; WHEREAS, the granting by the Planning Commission has been appealed to the City Council by the applicant. WHEREAS, on March 19, 1997, the City Council conducted a de novo hearing on the appeal at which time any person interested in the matter was given a full opportunity to be heard; WHEREAS, the City Council reviewed and considered the staff report, minutes of proceedings conducted by the Commission relating to the application, and the written and oral evidence presented to the City Council in support of and in opposition to the appeal. NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga as follows: Section 1. Design Review Findings for DR -96 -056. 1 By split vote of the City Council (Councilmember Jacobs voting in opposition) the appeal from the Planning Commission is hereby denied, and the decision of the Planning Commission is affirmed to wit: The applicant has met the burden of proof required to support the design review application and the following findings have been determined: The height, elevations and placement on the site of the proposed new structures and the renovated existing structures, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy. The proposed new structures and the renovated existing structures in relation to the immediate neighborhood will minimize the perception of excessive bulk. The proposed new structures and the renovated existing structures will be compatible in terms of bulk and height with existing residential and commercial structures on adjacent lots and those within the immediate neighborhood and within the same zoning district, and will not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy. The proposed site development plan incorporates current grading and erosion control standards used by the City. The proposed new structures and the renovated existing structures are consistent with the Saratoga Commercial- Neighborhood zoning ordinance and all other applicable development regulations and design policies. Section 2. Conditional Use Permit Findings For UP -96 -016. By split vote of the City Council (Councilmember Jacobs voting in opposition) the appeal from the Planning Commission is hereby denied and the decision of the Planning Commission is affirmed to wit: The applicant has met the burden of proof necessary to support the application and the following findings have been determined: That the proposed supermarket expansion is in accord with the objectives of the Zoning Ordinance and the Saratoga General Plan. 2 That the proposed supermarket expansion would not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impacts. That the proposed supermarket expansion will comply with all other applicable provisions of the Saratoga Municipal Code. Section 3. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Argonaut Associates for design review approval and conditional use permit approval be and the same is hereby granted to the extent set forth above and only subject to the following conditions: 1. The development shall be located and constructed as shown on Exhibit "A" (incorporated by reference) except as otherwise modified by these conditions of approval. 2. Prior to submittal for Building or Grading Permit, the following shall be submitted to Community Development Department staff in order to issue a Zoning Clearance: a. Four (4) sets of complete construction plans and four (4) sets of engineered grading and drainage plans, all incorporating this Resolution as a separate plan page. b. Revised landscape plan indicating an effort to retain and incorporate as many existing healthy trees as possible. All landscaping per the approved/modified plan shall be installed. 3 c. Creek bank improvement plans for the northwest corner of the parking lot indicating the removal of the chain link fence along the creek to be replaced with half solid/half open wood fence, per Exhibit "A along the property line. A riparian enhancement plan shall also be prepared to remove non native planting and debris along the creek bank and revegetate the area with native plants. 3. Prior to installation of any new signs in the Argonaut Shopping Center, the applicants shall prepare a comprehensive sign design program for Community Development Director review and approval. 4. Pursuant to the applicant/owners' agreement with the neighboring property owners, the following maintenance requirements shall apply: a. All dumpsters shall be visually "walled-off" and gated, with the potential to be locked. b. Motion sensor triggered down- directed hooded light fixtures shall be installed and maintained along the north and east sides of the main building. c. Speed bumps shall be installed along the north and east sides of the parking lot. d. Masonry or precast soundwalls, not to exceed 8 ft. in height, shall be constructed along the north and east property lines. Final construction plans shall be subject to City Arborist review and approval. 5. Exterior colors and materials shall be medium earthtone as reviewed and approved by the Planning Commission, pursuant to the approved plans and material board. 6. Provide one fire hydrant capable of delivering no less than 1500 GPM. Said hydrant shall be located at or near the northeast corner of Saratoga Sunnyvale Rd. and Blauer Dr. The exact location shall be determined by the fire chief. 7. The two new free standing structures, one at the northeast and one at the southeast corner of Saratoga Sunnyvale Rd. and Blauer Dr., shall be provided with an early warning fire alarm system with a commercial fire alarm panel. Said alarm system shall be installed in accordance with current California State Fire Marshal, N.F.P.A., and Saratoga Fire District standards. 8. The two new free standing structures shall be equipped with an automatic fire sprinkler system. Said system shall be designed and installed in accordance with current California State Fire Marshal, N.F.P.A., and Saratoga Fire District standards and specifications. 9. The existing shopping center and Safeway grocery store shall be provided with an early warning fire alarm system with a commercial fire alarm panel. Said system shall be zoned and installed in accordance with current 4 California State Fire Marshal, N.F.P.A., and Saratoga Fire District standards. 10. The existing shopping center and Safeway grocery store automatic sprinkler system shall be retrofitted with a post indicator valve. The valves in the pit shall be eliminated. 11. The existing shopping center and Safeway grocery store may need to be retrofitted with attic area separations. Said separations shall be installed in accordance with the current edition of the Uniform Building Code. 12. Subject to the review and approval of the Public Works Director, the following improvement requirements shall apply: a. All utility services to existing and new buildings on both properties shall be placed underground. b. Overhead utility lines along Saratoga Sunnyvale Road, fronting both properties, shall be placed underground. To accomplish this, the owner (applicant) shall agree to participate in a future Underground Utility District formed by the City to underground utility lines along Saratoga Sunnyvale Road. Further, the owner (applicant) shall contribute to the future Underground Utility District, the proportional cost of undergrounding the utilities along both properties, in relation to the total cost of the District, as determined by the Public Works Director prior to commencement of the underground construction. Prior to the issuance of any permits for construction activity on either property, the owner (applicant) shall post a performance bond or other acceptable security in an amount to be determined by the Public Works Director, but not to exceed $300,000, to guarantee the contribution to the future Underground Utility District. c. City standard curb, gutter and sidewalks shall be installed along the frontages of both properties. A bus turnout with but stop improvements including a bus shelter, as required by the Santa Clara Valley Transportation Authority, shall be installed along Saratoga Sunnyvale Road. Improvement plans depicting the above shall be submitted to the Public Works Director for review and approval prior to the issuance of any permits for construction activity on either property. d. Existing median islands on Blauer Drive shall be removed and replaced 5 with new landscaped median islands to be maintained by the owner (applicant). The owner (applicant) shall enter into an agreement with the City to provide for the maintenance of the median landscaping. Prior to the issuance of any permits for construction activity on either property, the owner (applicant) shall submit an improvement plan depicting the proposed layout and landscaping of the new median islands to the Public Works Director for review and approval. e. The southbound left turn egress from the main entry shall be eliminated/diverted. f. The owner (applicant) shall post a performance bond or other acceptable security in an amount to be determined by the Public Works Director to guarantee completion of the improvements described in paragraphs c, d and e above prior to the issuance of any permits for construction activity on either property. 13. The owner (applicant) shall retain permits from Caltrans, the City of Saratoga, and/or any other appropriate agencies prior to commencement of any work. 14. 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. An Urban Runoff Mitigation Plan shall be prepared and submitted for Community Development staff review and approval incorporating, to the degree feasible, stormwater infiltration measures. Examples of appropriate measures include: a. Schedule for regular parking lot cleaning. b. Previous paving materials at perimeter of parking lot to collect and drain sheet flow stormwater. c. Filtered storm drains at locations where stormwater may drain through garbage enclosures, and filtration systems built into storm drains wherever feasible. 15. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in 6 connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. 16. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 4. Construction must be commenced within 24 months or approval will expire. Section 5. All applicable requirements of the State, County, City and other Governmental entities must be met. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 2nd day of April, 1997, by the following vote: AYES: Councilmembers Bogosian, Jacobs, Shaw and Wolfe NOES: ATTEST: None ABSENT: Mayor Moran ABSTAIN: None Deputy City Clerk MSR:dsp 1: \WPD\MNRSW\273\RES97\ARGO.DEN 1 6 ayor 7 May 18, 1998 Uircctor of Planning City of Saratoga 13777 Fruitvale Avenue S :u:rluga, CA 95070 1)ate:__41.2 9J STORM LAND CO. ITEM B Ite: Building Permit !Bauer Saraloga_Suunyvalc (toad I)itCClor of Planning: It is the intention of Argonnut Associates, LI,C to continue to ptustrc the tucltileclttre that was '1iginally approved by tl►c planning commission and city council l n. the Argonaut Shopping ('enter. 1( is our understanding that this letter will be used to assist the developer of die filmier Paul in ielCttsing n building permit. Sincerely yours, AR(►UNAU7' ASSOCIATES. S, LLC 20 725 Valley Green Dr., Suite 200 Cupe►Iino, CA 95014 1703 (400) 2U7- 0402 FAX (400) npr; -It :101 1= -M/1I1 �trun�l:,i„rr,l 1)cnyncy Insurance Service, I nc. P.O. I3ox 6210 2185 The Alameda San Jose. California 95150 July 30, 1998 Saratoga Courtyards LLC 1855 Park Avenue San Jose, California 95126 Attn: Anthony Morici L)car 'Tony: Thanks for your past cooperation. Respectfully Anth Y T. Sortino mam ITEM C EMPSE SINCE 1930 Re: Saratoga Courtyards L,LC Property location: 13030 Saratoga Sunnyvale Rd. Saratoga, Ca. 95070 Our bond company has asked us recently if you still need to comply to the City of Saratoga. Please let me know as soon as possible as our carrier might be needing updated applications if this is not resolved soon. (408) 985-093(1 FAX: (408) 247 -9699 LIC. It has been some time since we got authorizalioon to issue a SIB Improvement I3ond liar the City of Saratoga. Bond amount $13,878.00 i Mr. James Walgren Associate Planner City of Saratoga 1.3777 Fruilvale Avenue Saratoga, ('A 95(17(1 Re: Pad II/Blaney Drive Saratoga- Sunnyvale Road Saratoga, ('alilbrnia 1)car James: t OGCA COURTYARDS ITEM D July 24, 1998 This is to confirm our meeting of.luly 24, 1998 at the City of Saratoga offices, whereby we discussed Pad 13. It is my underslanding from you that there are no additional conditions per Resolution 97 that need to he satisfied fi)r ('ad 13 except lilt the bonding reyuiretnertls. It has been agreed that the Mauer median and cut improvements will he bonded not built by Pad 13 ownership. I have enclosed a copy o f an engineer's estimate, see Item A attached, of approximately $13,000.00 which the Pad [3 ownership is willing to bond to. As we discussed, the scope of work for the physical improvements fall entirely within the scope and drawings the Argonaut Shopping Center, the large center. Pad 13 is not constructing I3lauer cut and median improvements. Since Ilse scope ol' work improvements will fall outside oflhc I'a(I 13 construe( 1011 work, I would like lo confirm that the ingress egress access ctrl into and oiit of the Pad 13 property on Rimier Drive will he telt in place. In addition, we also discussed that upon issuance of the building permit for Pad 11, I'ad 13 will bond to pay li)r it's lineal loolage share of the $300,0110.00 undergrounding of utilities li)r Saratoga- Sunnyvale Road as it relates to 101111 liltcrtl rootage. 7 Saratoga Courtyards 1855 l'ark Avenue, San Jose, California 95126 Mr. James Walgren July 24, 199E I'age I'wo Thank you Ibr your input. I would like to have the above confirmed as hurt it the condit it approved. nil I?nclosure sort a toua COURTYARDS Ifthere is anything lo t he contrary please nolily me immediately. Sincerely, Afilltol C.'. Mo II• Saratoga Courtyards 1 855 I'ark Avenue, San Jose, California 95126 Planning Commission Minutes July 8, 1998 Walgren presented the staff report. The public hearing was opened at 9:52 p.m. The applicant stated her agreement with the staff's recommendation Kaplan asked if the fireplaces are new or if they are pre -e ing. The public hearing was closed at 9:54 p.m. Murakami appreciated the cross section the addition shown on the plans and would be able to approve the project. Bernald, Patrick and Kaplan cou also approve. BERNAL Martlage liked the desig d felt it had a positive effect. Pierce would be e to approve the project. MARTLAGE MOVED TO APPROVE DR -98 -021; MOTION PASSED 6 -0. Walgren presented the staff memorandum. Morici said that Blauer Drive will be improved with landscaping and responded to Hawks' questions. Page 5 5. DR -96 -056.1 UP -96 -016.1 (APN 393 -01 -024, 025, 026, 027, 028 393 -02 -003) SARATOGA COURTYARDS, LLC /ARGONAUT ASSOCIATES, Saratoga Sunnyvale Road Blauer Drive; Request for modification of Design Review and Use Permit approval to redevelop and expand the Argonaut Shopping Center by adding approximately 10,000 sq. ft. to the existing Safeway Supermarket, renovating the existing Center buildings and constructing two new free standing buildings. The modification request is to allow the free standing building approved for Pad B at the southeast corner of Saratoga Sunnyvale Road and Blauer Drive to be separated from the overall project approval so that they may proceed with construction of that building independent of the overall project. The conditions of approval required that construction of the free standing buildings occur simultaneously with the renovation of the Center, in order to ensure that the renovation did occur. The public hearing was opened at 9:59 p.m. Anthony Morici, applicant, explained the background of the project, noting there are specific plans and building issues for Pad B, also that he has met with Public Works staff. Martlage asked if the seller of the property had disclosed the condition of the building. Denise Levy, Regan Lane, stated that the residents will be affected by changes at the Center and expressed concern about the types of businesses to be there as well as increased traffic. She wondered if traffic hours could be restricted. Pierce responded that that particular issue could not be addressed at this hearing. Chris Hawks, Blauer Drive, concurred that the residents will be affected by changes in the Center and by the retail businesses that will go in there. He felt that the application for Pad B should remain connected to Pad A (main center) and recommended denial of the project. Planning Commission Minutes July 8, 1998 The public hearing was closed at 10:14 p.m. Bernald did not like the proposed architecture. She shares the frustration that the project has not been completed and would not be able to vote in favor of the project at this meeting. Patrick expressed concern about the poor condition of the Center and said she would not vote in favor of the project, nor would she vote to approve separation of Pad A and Pad B. Martlage did not care for the design as it exists. As the original approval was granted previously and she is a new member of the Commission, she said she would probably abstain. Kaplan expressed dissatisfaction with the condition of the Center and said she could not vote to change something that had been voted on previously. Murakami agreed with the other Commissioners. Pierce felt there was no reason to change the project. KAPLAN MARTLAGE MOVED TO DENY DR -96 -056.1 UP- 96- 016.1; MOTION PASSED 5 -0 (MARTLAGE ABSTAINED). 6. DR -96 -056.2 UP -96 -016.2 (APN 393 -01 -024, 025, 026, 027 028) W OW /ARGONAUT ASSOCIATES, Saratoga Sunnyvale Road Blauer Drive; Request for edification of an approved project to remove or reduce a required soundwall between the Argonau hopping Center and adjacent properties to the north and east. Walgren presented the staff report. Bernald wondered if the Center has anything to say if the Corn ssion recommends the wall not be built, and if the City has liability. Walgren responded that the City would n. incur any liability as a result of waiving the soundwall at the neighbors' request. The public hearing was opened at 10:26 p.m. Robert Whitlow, applicant, represented sev- out of nine homeowners regarding the soundwall, all of whom felt the wall is not necessary, and that noise and ffic are not a problem. Neighbors also spoke in oppositio o the wall; they were concerned about people writing on the wall and wondered if the pedestrian access for the n ghborhood, currently at the northeast corner, would be maintained. Murakami asked why the had been no complaints when this was first brought to the Commission. Whitlow responded that he was .t aware that a wall would be built. Martlage was con rued about the RV path under the tree canopy and over the tree roots. T public hearing was closed at 10:40 p.m. Page 6 Denise Levy Regan Lane, commented that the only noise heard is from the air conditioners, which are located above roo evel and higher than the soundwall. She was opposed to a wall because it meant that trees would be remove,, and felt the wall would encourage problems with trash, rats and drainage. DENIAL OF MODIFICATION REQUEST SARATOGA COURTYARDS, LLC /ARGONAUT ASSOCIATES SARATOGA- SUNNYVALE ROAD BLAUER DRIVE WHEREAS, the City of Saratoga Planning Commission has received an application for modification of the Argonaut Shopping Center renovation and expansion approvals to allow the free standing building approved for Pad B at the southeast corner of Saratoga Sunnyvale Road and Blauer Drive to be separated from the overall project approval so that they may proceed with construction of that building independent of the overall project; and WHEREAS, the Planning Commission held a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and, WHEREAS, the applicant has not met the burden of proof required to support said application, and the following finding has been determined: The.Planning Commission finds that it is critical to the original project approval that all of the Argonaut Shopping Center improvements happen simultaneously to ensure that the overall renovation of the Center does occur NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Saratoga Courtyards, LLC /Argonaut Associates for modification approval is hereby denied. Section 2. 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 8 day of July 1998 by the following roll call vote: AYES: Chair Pierce, Commissioners Bernald, Kaplan, Murakami and Patrick NOES: None ABSENT: ABSTAIN: Commissioner Mar age ATTEST: RESOLUTION NO. DR -96 -056.1 UP -96 -016.1 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Chairperson,. Planning Commission City Council Minutes 3 March 19, 1997 B. City Council Review of Design Review approval to redevelop and expand the Argonaut Shopping Center by renovating the existing commercial structures and constructing two new free- standing buildings. Use Permit approval is necessary to allow the existing 30,070 sq. ft. Safeway Supermarket to be expanded by 10,720 sq. ft. The property is located at Saratoga Sunnyvale Rd. at Blauer Dr. in a Commercial Neighborhood zoning district. (DR96 -056, UP96 -016) (Applicant, Argonaut Associates) Interim Planning Director Walgren gave the staff presentation. Mayor Moran opened the Public Hearing at 8:17 p.m. Mr. Ed Storm, applicant, stated that this is the fourth revision of the building he has been asked to provide, and that he is making every effort to compromise in a reasonable fashion. He has met with the adjacent property owners and addressed their concerns. Mr. Jerome Kocir, 12855 Saratoga Sunnyvale Road, stated that he lives across the street from the shopping center. He noted that the City's statute provides that no maintenance can be done between 1:00 and 6:00 in the morning, and he alleged that maintenance has been going on at 4:00 a.m. Mr. Kocir reported that the corner of Pierce Road is a dangerous corner and should have a stop sign. Another concern expressed by Mr. Kocir is the slump in the road of Highway 9 off Pierce Road which Caltrans was supposed to have repaired five years ago. Mr. Ray Froess, 20225 Ljepava Road, stated he resides about two to three blocks from the subject site. He commented that the shopping center has been an eyesore for a long time, and he would like to see it cleaned up. He has reviewed the plans which he described as thoughtfully done. Ms. Betty H. Froess, 20225 Ljepava Drive, requested that the Council approve the applicant's plans for the much needed facelift of the shopping center. Mr. Dick Wood, 14694 Sycamore Grove, former President of the Saratoga Chamber of Commerce, state he is also active in the Saratoga Business Council and Team Saratoga, whose charter is to devise a plan to enhance the success of business. He expressed support for the applicant's plans and recommended that the Council approve the project. Ms. Sheila Arthur, Executive Director of Saratoga Chamber of Commerce, spoke on behalf of the Chamber's Board and recommended that the Council approve the project. Responding to Mayor Moran's question, Ms. Arthur stated that the Chamber has 390 members. Mr. Tom Hardy, 20486 Tricia Way, stated that his property abuts the shopping center. He noted that he had not had an opportunity to confer with the applicant, but requested a reasonable proviso be included to conserve trees as a buffer zone. Mr. Hardy agreed to Mayor Moran's request that he meet with the applicant and staff to address the issue. Mr. Alex Kessler, a Saratoga resident since 1975 and Saratoga business owner, stated that he and his family would like to see an improvement of the shopping center and requested the Council approve the plans. Referring to Mr. Hardy's concern, Mr. Storm stated that the plan includes preserving all trees in the shopping center. Mr. Storm explained that practical conditions and a financial burden resulting from existing leases at existing rates were the reason for appealing the $300,000 in offsite improvement costs. Mayor Moran closed the Public Hearing at 8:40 p.m. Councilmember Wolfe noted that the Planning Commission had done its City Council Minutes 4 March 19, 1997 job, but he also commended the cooperation of the developer in this case. He would be inclined to deny the applicant's appeal for the costs of undergrounding of utilities and the medians on Blauer Drive because of the traffic and safety impacts. WOLFE /JACOBS TO APPROVE DESIGN REVIEW AND USE PERMIT REQUESTS, AND DENY THE APPLICANTS' APPEAL OF THE REQUIREMENTS THAT THEY UNDERGROUND THE EXISTING UTILITY LINES ALONG SARATOGA- SUNNYVALE ROAD AND REPLACE THE BLAUER DRIVE MEDIANS. COUNCILMEMBER JACOBS NOTED HE SECONDED THE MOTION ONLY FOR DISCUSSION PURPOSES. Councilmember Jacobs analogized this item to a U.S. Supreme Court case which concluded that the city center in modern society has become the shopping center a community center, a place where the community congregates. He noted that Argonaut is, in its own way, a city center as The Village is. He expressed that the proposed improvements did not represent what he had in mind. He stated he was not in favor of the proposed site, not in favor of the proposed building at the corner site, and questioned what it would be used for. He noted that the design was just a plain stucco shopping center without character nor identity, and did nothing to enhance the community. He said he would be voting to return the plans to the Planning Commission. He noted that the Commission had asked the owner /builder to review other projects in the area and that was not done. Councilmember Bogosian commented that he would be supporting the motion, and that he would want to keep the undergrounding and median conditions intact. Mr. Walgren responded to Mayor Moran's questions regarding the signs and color tones. Mayor Moran inquired about Mr. Kocir's concerns regarding the stop sign at Pierce Road. Mr. Perlin responded that the only concern which Mr. Kocir raised that could be addressed is the issue of the hours in which the sweeping of the parking lot occurred. He said the intersection on Pierce Road would not be impacted in any way by this project. Councilmember Jacobs withdrew his second to the motion made earlier. WOLFE /SHAW TO UPHOLD THE PLANNING COMMISSION DECISION TO APPROVE THE DESIGN REVIEW AND USE PERMIT REQUESTS, AND TO DENY THE APPLICANT'S APPEAL OF THE REQUIREMENTS THAT THEY UNDERGROUND THE EXISTING UTILITY LINES ALONG SARATOGA- SUNNYVALE ROAD, AND REPLACE THE BLAUER DRIVE MEDIANS. PASSED 4 -1 (JACOBS OPPOSED). Mayor Moran declared a recess at 9:06 p.m. Upon reconvening, the same Councilmembers and staff were present. C. Appeal of denial of a request for an exemption from the floor area reduction requirement for buildings over 18 ft. in height. The request is in connection with a design review approval to construct a new 6,092 sq. ft., two -story single family residence on a 44,991 sq. ft. parcel. The property is located at 19825 Douglass Lane in the R -1- 40,000 zoning district. (DR96 -059, APN 397 -16 -150) (Appellant /applicant, Pinn Bros. Construction) Interim Planning Director James Walgren presented the staff report. Mayor Moran opened the Public Hearing at 9:24 p.m. Mr. Chuck Bommarito, Project Manager for Pinn Brothers Construction, presented exhibits depicting the predominance of two -story structures in the neighborhood. Another exhibit characterized the immediate neighbors who were contacted to express any concerns and who expressed support for the project. A third exhibit demonstrated photos of the site. He said the lot is surrounded on all four sides with mature trees, and the proposed home does not conflict with any of the trees. He noted that the design has plenty of support from staff and neighbors. MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 15, 1998 6:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:00 p.m. Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Names of cases: Warfel v. Saratoga; San Francisco Baykeepers et al. v. Saratoga; San Francisco Baykeepers et al. v. State Water Resources Control Bd. et al.; City of Saratoga v. West Valley- Mission Community College District; City of Saratoga v. Santa Clara County and CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) in three cases. Mayor's Report on Closed Session No actions taken. 7:30 Pledge of Allegiance Led by Paul Jacobs. 1. ROLL CALL 2. CEREMONIAL ITEMS 3. REPORT OF CITY CLERK ON POSTING OF AGENDA q A The meeting was called to order at 7:40 p.m. Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Staff members present were City Manager Perlin, City Attorney Riback, Community Development Director Walgren, and Deputy City Clerk Cory. A. Resolution appointing Planning Commissioner Chuck Page MORAN /SHAW MOVED TO ADOPT RESOLUTION 98 -24. Passed 5 -0. B. Administration of Oath of Office Mayor Wolfe administered the Oath of Office. C. "Spare the Aire Resolution MORAN /BOGOSIAN MOVED TO ADOPT THE RESOLUTION. Passed 5 -0. D. Introduction of new Public Works Director, Christine Fischer City Manager Perlin introduced Ms. Fischer, who expressed gratification at her appointment. Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 10. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS None. B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS None. 5. CONSENT CALENDAR A. Previously- Discussed Items None. B. New Items 1) Planning Commission Actions, 7/8 Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings Weed Abatement; Zoning Ordinance Amendments 3) Approval of Check Register City Council Minutes 2 July 15, 1998 4) Quarterly Report to Regional Water Quality Control Board on City NPDES Activity SHAW /MORAN MOVED TO APPROVE CONSENT CALENDAR. Passed 5 -0. C. CLAIMS AGAINST THE CITY None. Since the hour for.. public hearings had not yet been reached, Mayor Wolfe proceeded to items following public hearings on the agenda. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 7. OLD BUSINESS A. Village Valet Parking Ordinance (first reading and introduction) City Manager Perlin noted that the amendments requested by the Council had been made to the ordinance. MORAN /BOGOSIAN MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5 -0. 8. NEW BUSINESS None. 9. ROUTINE MATTERS A. Approval of Minutes 7/1; 7/7 BOGOSIAN /MORAN MOVED TO APPROVE THE MINUTES OF JULY 1. Passed 5 -0. JACOBS /BOGOSIAN MOVED TO APPROVE THE MINUTES OF JULY 7: Passed 5 -0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting Quarterly Review of Major Programs and Projects Commission Chair Reports Presentation from West Valley Sanitation District on Sewer System Rehabilitation Work Zoning Ordinance Amendments (part of quarterly review by James) Mountain Winery Update (part of quarterly review by James) LLA -1 Public Hearing Concerning Commission Chair Reports, City Manager Perlin stated that the issue of having such reports would be discussed, but the reports themselves would not be given until the quarterly meeting in October. No items were added to the agenda. B. Other Councilmember Moran noted that the Council and Planning Commission agendas were available on her Web site, the address of which is listed on the screen during meetings. 11. CITY MANAGER'S REPORT City Manager Perlin announced that he would be on leave on Friday, July 17. Since the hour of 8:00 p.m. had arrived, Mayor Wolfe returned to public hearings on the agenda. 6. PUBLIC HEARINGS A. Vessing Road Assessment District Protest Hearing (continued from 4/15) The public hearing was opened at 8:00 p.m. No one appeared to speak. City Council Minutes 3 July 15, 1998 SHAW /MORAN MOVED TO CONTINUE THE PUBLIC HEARING TO SEPTEMBER 2. Passed 5 -0. B. Landscaping and Lighting District LLA -1: Public Hearing on Proposed Assessments for FY 98 -99 (continued from 7/1) The public hearing was opened at 8:01 p.m. No one appeared to speak. BOGOSIAN /JACOBS MOVED TO CONTINUE THE PUBLIC HEARING TO AUGUST 5. Passed 5 -0. C. Consideration of Petition from Saratoga Vineyards Homeowners Association for Vehicle Code Enforcement on Private Streets by Sheriff's Department and Resolution making Provisions of the Vehicle applicable to Private Roads in Vineyard Area The public hearing was opened at 8:06 p.m. Frank Hedges, Director of the Vineyards Homeowners Association, requested Council approval of the resolution. He stated that speeding was a problem, and he wished to make it possible for the deputies to enforce the speed limit. He acknowledged the necessity for a traffic speed survey and signs setting the speed limit. He stated there were no speed bumps or inhibitors at present. No one further appearing to speak, the public hearing was closed at 8:09 p.m. City Manager Perlin stated that there would be no increased costs for the City to enforce the speed limits. There would also be no additional patrols required. He believed that when a few citations had been issued people would become aware that the speed limit was being enforced and would be more likely to obey it. BOGOSIAN /SHAW MOVED TO ADOPT RESOLUTION 98 -25. Passed 5 -0. D. Appeal of denial of request for Design Review approval to construct a new two story, single family residence, 4,043 sq. ft. in size, 25 ft. in height, on a 29,020 sq. ft. lot at 14265 Burns Way in the R -1- 15,000 Zoning District (APN 503 -23 -006; DR98 -007) (Appellant /applicant, Jayakumar) (continued from 6/17) City Manager Perlin noted that a letter had been received from Norm Matteoni concerning the appeal. Community Development Director Walgren reviewed the staff report. Councilmembers reported ex parte communications received. Norm Matteoni, attorney representing the Jayakumars, spoke in support of the appeal and submitted two elevations. Councilmember Jacobs mentioned a letter from a neighbor that a previous application for a two -story house on the site had been rejected by the Planning commission. Community Development Director Walgren stated his recollection was that in about 1991 an application for a two -story house had been abandoned before being reviewed by the Planning Commission. (Clerk's note: See clarification below.) The public hearing was opened at 8:30 p.m. Mr. Jayakumar, the appellant /applicant, spoke in favor of the project. Mrs. Jayakumar showed overhead projections of two -story homes in the area. Bala Balakrishnan, San Jose, was called to speak but yielded to another speaker. Tony Clark, Springer Ave., spoke in support of the project. In answer to Mayor Wolfe, he said he would not be able to see the proposed house. City Council Minutes 4 July 15, 1998 Mr. Balakrishnan was again called to speak and again yielded to another speaker. Paul McDonald, Springer Ave., spoke in support of the project. Dorothy Stamper, Marion Road, spoke against the project, as did Anne Kolb, Marion Road; Jim Renalds, Marion Road; Barbara Voester, Burns Way; and Kurt Voester, Burns Way. Community Development Director Walgren stated that the plans submitted to the Council were the same plans submitted to the Planning Commission. Concerning the 1991 application for a two -story house on the lot, he clarified that staff had recommended denial. However, the application was withdrawn before the Planning Commission made a final determination on it. The following people then spoke in support of the project: Nomita Shahani, Harper Dr.; Dan Wagoner; Namita Mehta; Usha Ramaswamy, Ridgecrest Ave.; Usha Arun, Fremont; John Baas, Martinez, who is a land -use planning consultant for the Jayakumars; Usha Karthikeyan, Oakland, who is an environmental consultant for the Jayakumars; and Ramkumar Viswanathan, Rossmere Ct. Brad Renn, Marion Road, stated that the house must be compatible with the neighborhood and fit on the lot. Jim Payne, Marion Road, spoke against the project. Bala Balakrishnan was called to speak but again yielded to another speaker. Mark Thomas Dumont, Carniel Ave., builder for the project, spoke in its support, as did Bala Balakrishnan, San Jose, employer of Indu Jayakumar. Roya Moazzami, Walnut Creek, owner of rental property on Burns Way, spoke in favor of sending the plans back to the Planning Commission for adjustments. Don Bernardo, Marion Road, recommended that the Jayakumars meet again with the neighbors. Willys Peck, Saratoga Avenue, believed the opinions of neighbors should be respected. Ilene Doppelt, Marion Road, spoke against the project. Norm Matteoni again spoke in favor of the project. He said the Jayakumars were willing to move the house six feet back, reduce the height to 23 feet, and eliminate the windows on the north side from the bedroom areas. No one further appearing to speak, the public hearing was closed at 10:15 p.m., and the meeting was then recessed until 10:3'0 p.m. Councilmembers discussed the project. Issues covered included the right of the property owner to design his own house while considering the contiguous neighbors, sensitivity to neighborhood heritage, property rights of neighbors, self- contained character of neighborhood, whether a two -story design is compatible with the neighborhood, need for affordable smaller housing in Saratoga, whether the design should be returned to the Planning Commission, whether the perception of compatibility must come from the neighbors, and whether the Planning Commission should consider it at a study session first. Community Development Director Walgren suggested that the hearing be continued to the August 12 Planning Commission hearing to avoid the necessity of repeating the legal noticing. Councilmember Jacobs asked that the Planning commission be provided with tapes of the Council meeting, particularly the Council discussion. MORAN /BOGOSIAN MOVED TO CONTINUE THE HEARING TO THE PLANNING COMMISSION City Council Minutes 5 July 15, 1998 MEETING ON AUGUST Z2 TO CONSIDER SUBSTANTIVE REDESIGN, NOT NECESSARILY ABANDONING TWO STORIES, BUT WITH THE CHANGES DISCUSSED AND ADDITIONAL POSSIBLE CHANGES, WITH THE JAYAKUMARS TO CONTINUE TO MEET WITH THE NEIGHBORS TO ENSURE COMPATIBILITY WITH THE NEIGHBORHOOD, AND WITH A POSSIBLE FUTURE PLANNING COMMISSION STUDY SESSION. Passed 5 -0. E. Appeal of denial of Design Review Approval to construct a new 6,489 sq. ft., two -story home on a vacant 4.48 acre lot at 22665 Garrod Road in the Hillside Residential Zoning District (DR97 060, APN503 78 038) (Applicant /appellant, Neogy) City Manager reported that an additional letter had been received from Martin Fenster and introduced Community Development Director Walgren, who reviewed the staff report. Councilmember Bogosian inquired as to whether the old quarry drainage had been included in the studies for the staff report. Community Development Director Walgren stated that the stability of the north slope was of concern, but the geologist said it could be safely developed. The public hearing was opened at 11:20 p.m. Martin B. Fenster, Big Basin Way, spoke as attorney for the appellant. He distributed computer renderings of the house as it would appear and spoke in favor of the project. Warren Heid, Big Basin Way, spoke as architect for the appellant. Rathin Neogy, Saratoga Vista, then spoke for his project. Community Development Director Walgren stated he believed the computer rendering accurately portrayed the project. Councilmembers discussed the colors of the house. Mr. Neogy then stated that he had looked at his site from a site on Pike Hill. The site is visible, he said, but not the area behind the oak tree. He expressed a willingness to modify the colors. No one further appearing to speak, the public hearing was closed at 12:00 midnight. Councilmembers discussed the visibility and bulk of the house. There was consensus that the location of the pool in front of the house was reasonable. BOGOSIAN /SHAW MOVED TO GRANT APPEAL WITH THE CONDITION THAT THE HOUSE BE IN EARTHTONE COLORS TO BE APPROVED BY STAFF AND ANY ROCK USED WILL BE IN SIMILAR EARTHTONE COLORS. Passed 4 -1 (Moran opposed). Councilmember Moran explained she felt the Council was not the proper forum, and the project should be returned to the Planning Commission. 12. ADJOURNMENT At 12:05 a.m. the meeting was adjourned to 7:00 p.m. on Tuesday, July 21, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Grace E. Cory Deputy City Clerk 1. Roll Call 6. Commission Chair Reports MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, July 21, 1998 7:00 p.m. PLACE: Adult Care Center, 19655 Allendale Ave. TYPE: Adjourned Regular Meeting 2. Report of City Clerk on Posting of Agenda A. City Manager: 1) Recruitment and Reorganization Issues 2) City Council Policy Manual 3) ALTRANS Project Update 4) New Volunteer efforts B. Community Development Department: The meeting was called to order at 7:00 p.m. Councilmembers Jacobs, Moran, Shaw and Mayor Wolfe were present; Councilmember Bogosian was absent. Staff members present were City Manager Perlin, Community Development Director Walgren, and City Clerk Cory. Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17. The notice of adjournment from the July 15 Council meeting was properly posted on July 16. 3. Oral Communications from the Public on Non Agendized Items None. 4. Presentation from West Valley Sanitation'District on Sewer System Rehabilitation Work and Septic System Abandonment Program Bob Reid, General Manager of the Sanitation District, reported on their current activities and plans for the future. He displayed a map showing drainage basins in Saratoga and noted that a number of sewers in Saratoga date from the early 1900's and require rehabilitation. He also explained how the District is funded without assessment districts or bonded debt. 5. Applicability of Measure G to California Novitiate (Sisters of Notre Dame) Property on Bohlman Road City Manager Perlin explained that the report from the City Attorney concluded that Measure G does not apply to the subject property. Bill Gorman introduced himself as a real estate agent with Coldwell Banker. Councilmember Shaw said he' was not sure whether Councilmember Bogosian's question had been answered. Councilmember Bogosian had believed that only a conditional use permit was required, but apparently design review is also required. Community Development Director Walgren replied that Councilmember Bogosian had been concerned whether the zoning district allowed a quasi public facility. He stated that such a facility was allowed. City Manager Perlin stated that the purpose of the reports was to improve interaction between commissions. There was consensus to ask the Commission Chairs to make reports starting at the October quarterly review. Councilmember Moran asked that this not be a permanent policy, but that the Council see how well it works. 7. Quarterly Program and Major Project Review City Manager Perlin noted that a written summary had been provided the Council for this review and asked that Councilmembers bring up any points they wished clarified. City Council Minutes 2 July 21, 1998 1) Zoning Ordinance Amendments 2) Downtown development roundtable 3) Circulation Element Update 4) Mt. Winery update 5) Adult Business Ordinance to be referred to Public Safety Commission 6) Measure G Implementation Policy C. Finance Department: 1) MIS Update 2) 5 -Year Financial Plan 3) Hillside Infrastructure Reserve Requirement D. Public Works: 1) Capital Projects Update a. Quarry Creek Wetlands Mitigation (Project 9109) b. Quito Road Bridge Replacements (Project 9111) c. ADA Improvements (Project 9302) d. Quito Rd. Sidewalk (Project 9501) 2) Park Development Projects Update a. Playfields Development b. Wildwood Park Restrooms c. Kevin Moran /Gardiner Park improvements d. Heritage Orchard Water Well e. Community Center Renovations 3) Saratoga Ave. Underground Utility District 4) Hakone Caretakers House renovation 5) Sr. Center Improvements 6) Civic Theatre Renovations 7) Prides Crossing Traffic Study 8) Infrastructure Report CIP Development 9) Pavement Management Program Work 10) Saratoga- Sunnyvale Rd. (ISTEA Project Relinquishment efforts) E. Recreation Department: 1) Friends of Warner Hutton House Update 2) Warner Hutton House attic conversion Concerning the Measure G policy, Councilmember Moran believed the Planning Commission should have a chance to discuss the policy at a study session to ensure they approve of it. Concerning the Community Center needs assessment, City Manager Perlin stated that the Saratoga Area Senior Coordinating Council would be included in the discussions. He believed the cost of the project could be anywhere from $250,000 to $1,000,000. Councilmember Moran felt Saratoga should be guided by financial realities. Concerning the reports in general, Councilmember Moran asked that it be noted when the proposed timetable has fallen behind. Councilmember Moran requested an update on action and progress to address issues brought up by consultant Judy Sweet. Councilmember Shaw requested a list of what tasks are assigned to which staff members since the reorganization. Concerning the policy manual, Councilmember Shaw felt that it was not a low priority. Councilmember Moran suggested that if Councilmembers have some policies in mind that should be higher on the priority list, those should be done first. Concerning the Zoning Ordinance amendments, Community Development Director Walgren reviewed the report. He showed a map of creeks under jurisdiction of the Santa Clara Valley Water District and reviewed the proposed requirement for a minimum 25 -foot setback from the creek bank, making regulations consistent for all property owners near creeks. He explained how the location of the bank is determined and stated that any structures previously built legally within the setback would be considered legal non conforming structures and could be upgraded. City Council Minutes 3 July 21, 1998 Community Development Director Walgren then explained the ordinance limiting new single- family construction to one woodburning fireplace and the definition of a two -car garage. He also explained the proposed changes in how driveways are considered in calculating impervious surface. The change would conform current ordinances to Measure G. Concerning title references, Councilmember Moran suggested that the code be worded in such a way that title changes would not have to be referenced wherever they occurred. 8. Self Evaluation of Previous Meeting July 15 Councilmember Shaw suggested that more discipline of speakers in hearings such as the Jayakumar appeal might be desirable. He suggested timing lights showing the speaker how much time remained. Mayor Wolfe stated he intended to let people be heard as long as he was Mayor. Councilmember Moran thanked City Manager Perlin for introducing the new Public Works Director and suggested this be done for other new department heads. 9. Agency Assignment Reports Councilmember Shaw noted the retirement of Olga MacFarlane, Executive Director of the Saratoga Area Senior Coordinating Council. Mayor Wolfe noted that an appeal has been filed with the Supreme Court on the Measure A sales tax increase lawsuit in which the Cities Association is involved. 10. Citizens Recognition None. 11. Other Memorial for those killed on Highway 85 In response to a letter from Assemblyman Jim Cunneen, there was consensus to provide $200 for the memorial. Staff was directed to inform Karin Dowdy. Blue Ribbon Panel Mayor Wolfe stated he intended to communicate with Saratoga citizens concerning his idea for a panel and hoped to obtain feedback. City Manager Review Consensus to conduct in September. Five -Year Plan Councilmember Shaw requested a timetable from the Finance Commission. City Manager Perlin stated the Commission would probably have done it at the last meeting if it had not been cancelled and would probably do it very soon. Councilmember Shaw suggested having a work session with the Commission if they are not sure of the Council's direction to them. 12. Adjournment At 8:45 p.m. the meeting was adjourned. Respectfully submitted, Grace E. Cory City Clerk CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA CA 95070 PHONE 408/868 -1200 FAX (408) 868 -1280 FAX TRANSMISSION DATE: 7/28/98 TO: Stan Bogosian, Paul Jacobs, Gillian Moran, Jim Shaw, Don Wolfe FROM: Betsy Cory DEPARTMENT: City Clerk TOTAL NUMBER OF PAGES SENT: 3 COMMENTS: This memo concerns upcoming meetings. We would like you to think about scheduling concerns so decisions can be made August 5. As you know, the City Council is scheduled to have a joint meeting with the Saratoga Union School District, the Los Gatos /Saratoga High School D' and the Parks and Recreation Commission on Tuesday, eptember 22 The High School District Board has informed me they will be unable to meet then due to the press of business at that time of year. Instead, they would like to invite the Council to meet with them at a Board meeting at Saratoga High School sometime in tie spring. The Saratoga Union School District will because of construction and other thi They would like to meet on Tuesday, for the quarterly review of program ctobe also be sable to meet n in September. (This is the date cts.) So for the September 22 meeting this leaves only the Parks and Recreation Commission to meet with the Council. The agendas for August 11 and October 27 will be placed on the August 5 agenda for discussion. In the meantime, please consider how you would like to handle these meetings. The current meetings calendar is attached for your reference. cc: City Manager IF YOU DO NOT RECEIVE ALL OF THIS TRANSMISSION, PLEASE CALL: BETSY AT (408) 868 -1269 /04 (i) APPROVED: REVISED: REVISED: CITY COUNCIL MEETING CALENDAR FOR 1998 1/7 Regular Meeting 1/13. Adjourned Meeting 1/21 Regular Meeting 1/27 Adjourned Meeting Quarterly 2/4 Regular Meeting 2/10 Adjourned Meeting- Sheriff, (Saratoga Fire District 2/18 Regular Meeting 2/24 Adjourned Meeting Planning Commission, Heritage Commission Regular Meeting Adjourned Meeting Cancelled Council Retreat Regular Meeting Adjourned Meeting- Hakone Foundation /Parks Rec. Commission /City Mgr. Evaluation 4/1 Regular Meeting 4/7 Adjourned Meeting- Finance Commission /Chamber of Commerce, SBDC, TEAM Saratoga 4/15 Regular Meeting 4/21 Adjourned Meeting Quarterly Budget, Program and Project Review 3/4 3/10 3/14 3/18 3/24 Program Review Public Safety Commission, 5/2 Town Hall Meeting 5/6 Regular Meeting 5/12 Adjourned Meeting -Youth 5/20 Regular Meeting 5/26 Adjourned Meeting -Brown 6/3 Regular Meeting 6/6 Youth Commission Interviews (Saturday) 6/9 Adjourned Meeting 6/17 Regular Meeting 6/23 Adjourned Meeting 7/1 Regular Meeting 7/7 Adjourned Meeting 7/15 Regular Meeting 7/21 Adjourned Meeting Quarterly Budget, Program and Project Review /City Attorney Evaluation 8/5 Regular Meeting 8/11 Adjourned Meeting Sheriff, Public Safety Commission 8/19 No Meeting Summer Recess 8/25 No Meeting Summer Recess Commission, Friends of WHH Act Workshop 12/17/97 1/7/98 3/12/98 9/2 Regular Meeting 9/8 Adjourned Meeting Planning Commission (and WVC�'Board 9/12 Town Hall Meeting 9/16 Regular Meeting 9/22 Adjourned Meeting- Saratoga Union School District and Los Gatos /Saratoga High School District /Parks Rec. Commission 10/7 Regular Meeting 10/13 Adjourned Meeting- Finance Commission 10/21 Regular Meeting 10/27 Adjourned Meeting Quarterly Budget, Program and Project Review 11/3 Election Day (City Council) 11/4 Regular Meeting 11/10 Adjourned Meeting 11/18 Regular Meeting 11/24 No Meeting- Thanksgiving Week 12/1 Adjourned Meeting Election Results and City Council Reorganization 12/2 Regular Meeting 12/8 Adjourned Meeting -SASCC 12/16 Regular Meeting 12/22 No Meeting- Christmas Week