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HomeMy WebLinkAbout11-04-1998 City Council packetPublic hearings will start promptly at 8:00, when the Council will move from whatever item it is considering at that time to public hearings. Note: Devices to assist the hearing impaired are now available in the lobby. TIME: Wednesday, November 4, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:30 Pledge of Allegiance 1. ROLL CALL 2. CEREMONIAL ITEMS AGENDA SARATOGA CITY COUNCIL A. Resolution commending Karen Ceppos for Service on Library Commission 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 30. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS B. COMMUNICATIONS FROM COMMISSIONS None C. WRITTEN COMMUNICATIONS None 5. CONSENT CALENDAR These items will be acted upon in one motion for each section unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. However, items in Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which the hearing was closed. Those items are not subject to public discussion at this meeting because the City Council Agenda 2 November 4, 1998 vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. A. Previously Discussed Items None. 1 0 B. New Items 1) Planning Commission Actions, 10/28 Note and file. 2) Resolution declaring Weeds a Public Nuisance and setting Public Hearing for December 3 3) Memo Authorizing Publicity for Upcoming Hearings No new hearings scheduled for November 18. 4) Approval of Check Register 5) Agreement with Maze and Associates to Provide Auditing Services for FY 1997 -98 and 1998 -99 6) Resolution prohibiting U -Turns on Fruitvale Avenue C. CLAIMS AGAINST THE CITY None. 6. PUBLIC HEARINGS 8:00 pm. A. Proposed Formation of Underground Utility District Number 8 (Saratoga Avenue between Fruitvale Avenue and Baroni Court) (continued from September 2) Recommended Action: Open hearing; continue to November 18. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications c. I° 0 D E 1 City Council Agenda 3 November 4, 1998 7. OLD BUSINESS A. Final Map Approval, Tr. 9101 located at 13480 Saratoga Avenue (Owner: Fitzsimmons) 8. NEW BUSINESS None. 9. ROUTINE MATTERS (Note: City Attorney will be excused at this point if no longer needed.) A. Approval of Minutes 10/21 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting No items scheduled for November 10; recommend cancellation of meeting. B. Other 11. CITY MANAGER'S REPORT City Council Agenda 4 November 4, 1998 12. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Peter Gonda at 408/868 1221. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA Title II] WHEREAS, Karen Ceppos has served on the Library Commission since February 1993, and WHEREAS, she has participated in a number of important matters considered by the Commission in its work of increasing the City's and the Council's awareness of and attention to the Library, and NOW, THEREFORE, BE IT RESOLVED, that KAREN CEPPOS is hereby commended and thanked for her years of service on the Library Commission. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 4th day of November, 1998, by the following vote: AYES: NOES: ABSENT: ATTEST: City Clerk RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING KAREN CEPPOS Mayor z DATE: Wednesday, October 28, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Commissioners Bernald, Kaplan, Martlage, Page, Patrick and Chair Pierce Absent: Commissioner Murakami Staff: Director Walgren, Assistant Planner Ratcliffe, Minutes Clerk Torrez Pledge of Allegiance Minutes October 14, 1998 Oral Communications This portion of the meeting is reserved for persons desiring to address the Commission on any matter not on the agenda. Speakers are limited to three minutes. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 23, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. DR -98 -035 (397 -40 -003) REYES, 14742 Via de Marcos; Request for Design Review approval to add 166 sq. ft. to the first floor, and 510 sq. ft. to the second floor of an existing 5,384 sq. ft. single -story residence on a 51,600 (net) sq. ft. lot. Maximum building height is proposed to be 20 ft. The site is located within an R -1- 40,000 zoning district. APPROVED 6 -0. PUBLIC HEARINGS CITY OF SARATOGA PLANNING COMMISSION ACTION NIINUTES 2. UP -98 -010 V -98 -014 (379 -25 -041) AHMADIAN, 14031 Saratoga Ave.; Request for Use Permit approval to construct a 400 sq. ft. detached garage in the rear yard setback as close as 4 ft. from the rear and side property lines. Variance approval is requested to allow a second floor dormer window to be built to the edge of the existing building line at 4 ft. from the neighboring property line where 11 ft. is the required setback and to allow a small addition off the rear to match the existing building line at 4 ft. where 6 ft. is required. The Variance also includes a request to allow a chimney to be located two feet from the Planning Commission Action Minutes Page 2 October 28, 1998 property line where three feet is required. The plans include a 339 sq. ft. addition to the second floor and a 112 sq. ft. addition to the first floor of the existing 1,446 sq. ft. residence. The site is 7,500 sq. ft. located in an R 20,000 zoning district. (CONTINUED FROM 10/14/98 TO RE ADVERTISE PROJECT). APPROVED 5 1 (BERNALD OPPOSED). 3. DR 036 (510 001) BEAN, 15310 Pepper Lane; Request for Design Review approval to demolish an existing single -story residence and accessory structure and construct a 6,240 sq. ft. single -story residence with a maximum height of 26 ft. on a 51,870 (net) sq. ft. lot. An existing 88 sq. ft. basement is to remain. The site is located within an R -1- 40,000 zoning district. (CONTINUED FROM 10/14/98 AT THE APPLICANTS' REQUEST). APPROVED 6 -0. 4. DR -98 -020 (397 -27 -020) PARDEN, 20434 Walnut Ave.; Request for Design Review approval to demolish an existing 1,282 sq. ft. single -story residence and construct a new 2,256 sq. ft. two -story residence with a 698 sq. ft. basement on a 9,372 sq. ft. lot. The existing 560 sq. ft. garage is to remain. The proposed maximum building height is 26 ft. The site is located within an R -1- 10,000 zoning district. APPROVED 6 -0. 5. DR -97 -001, BSA -98 -015 V -98 -013 (517 -14 -080) EL- KAREH, 20887 Kittridge Road; Request for Design Review and Building Site approval to construct a 4,742 sq. ft. two -story residence with a maximum height of 26 ft. on a vacant 5.07 net acre lot. A 20 ft. wide private road would be constructed to access the subject property and a second lot beyond this property. Variance approval is also requested to allow the new structure to be located within required building setbacks, as measured from the edge of the private access road right -of -way. The site is located within a Hillside Residential zoning district. DENIED 5 -1 (PIERCE OPPOSED). 6. DR -96 -070 BSA -98 -014 (517 -14 -087) EL- KAREH, 20897 Kittridge Road; Request for Design Review and Building Site approval to construct a 7,194 sq. ft. two story residence with a maximum height of 26 ft. on a vacant 7.72 net acre hillside lot. A 20 ft. wide private road would be constructed to access the subject property and one other lot. The site is located within a Hillside Residential zoning district. DENIED 5 -1 (PIERCE OPPOSED). 7. UP -98 -009 V -98 -015 (386 -46 -008) PECK, 12550 Paseo Cerro; Request for Use Permit approval to construct a 528 sq. ft. garage, with a maximum height of 12 ft. located within the rear yard setback, 6 ft. from the rear property line. A Variance is also requested to allow a 6 ft. setback from the side property line. The site is 10, 920 sq. ft. and is located in the R- 1- 10,000 zoning district. APPROVED 5 -1 (PATRICK OPPOSED). a Planning Commission Action Minutes Page 3 October 28, 1998 DIRECTOR ITEMS COMMISSION ITEMS Minor modification of approved Tentative Subdivision map: BOISSERANC FRANKLIN AVENUE COMMUNICATIONS Written City Council Minutes dated October 7, 1998 Notices for Planning Commission Meeting of November 10, 1998 ADJOURNMENT AT 10:30 P.M. TO NEXT MEETING Tuesday, November 10, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA Subtotal TOTAL O:UANICE \CERTIFY A/P CHECKS: A76381- A76485 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 PAYROLL CHECKS: B23940-B23961 26 -0a -98 $318,334.23 $7,534.01 169,743.61 2,333.47 5,558.87 14,127.29 10,234.00 13,289.37 980.00 10,847.00 26,010.97 $571,458.81 $7,534.01 $325,868.24 $0.00 $0.00 $169,743.61 $0.00 $0.00 $2,333.47 $5,558.87 $14,127.29 $10,234.00 $13,289.37 $980.00 $0.00 $0.00 $10,847.00 $0.00 $0.00 $0.00 $26,010.97 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $578,992.82 77,519.40 $656,512.224 Prepared by: mill Jo k)eike/v Date: (7 2 614/c /1 Approved by: Date: Fund Date Manual Void Fund Name 10/23/98 Checks Checks Total Subtotal TOTAL O:UANICE \CERTIFY A/P CHECKS: A76381- A76485 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 PAYROLL CHECKS: B23940-B23961 26 -0a -98 $318,334.23 $7,534.01 169,743.61 2,333.47 5,558.87 14,127.29 10,234.00 13,289.37 980.00 10,847.00 26,010.97 $571,458.81 $7,534.01 $325,868.24 $0.00 $0.00 $169,743.61 $0.00 $0.00 $2,333.47 $5,558.87 $14,127.29 $10,234.00 $13,289.37 $980.00 $0.00 $0.00 $10,847.00 $0.00 $0.00 $0.00 $26,010.97 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $578,992.82 77,519.40 $656,512.224 Prepared by: mill Jo k)eike/v Date: (7 2 614/c /1 Approved by: Date: PREPARED 10/22/1998, 10:00:48 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 AMOK 0000482 A A TECHNOLOGY 809517 809527 809560 809573 809660 0001543 2043 2043A ALVAREZ, MARTIN 001139 001023 0000054 BOISE CASCADE 001018 18593 10/16/1998 001019 18593 10/16/1998 001020 18593 10/16/1998 001021 18593 10/16/1998 001022 18593 10/16/1998 0001443 BEALS LANDSCAPE ARCHITECTURE INC #1 EXPENDITURE APPROVAL LIST PAGE 1 AS OF: 10/23/1998 001 1065- 613.60 -06 COMPUTER RELATED ITEMS 001 -1065- 613.60 -06 COMPUTER RELATED ITEMS 001 1065- 613.60 -06 COMPUTER RELATED ITEMS 001- 1065- 613.60 -06 COMPUTER RELATED ITEMS 001 1065- 613.60 -06 COMPUTER RELATED ITEMS 3,920.82 99.59 105.00 121.24 442.74 VENDOR TOTAL 4,689.39 0000006 A TO Z NURSERY 1001492 001001 18104 10/16/1998 001 3030 532.30 -01 REPLACEMENT PLANTS ETC 115.84 VENDOR TOTAL 115.84 0000092 ABAG COMP SHARED RISK POOL 9/1 -12/31 000977 10/16/1998 001- 0000 210.20 -01 QTRLY PREMIUM 22,625.17 VENDOR TOTAL 22,625.17 0000010 ABAG POWER PURCHASING POOL 8J0041 001082 18450 10/20/1998 001 1060 513.40 -23 PURCHASE NATURAL GAS 3,400.00 VENDOR TOTAL 3,400.00 10/22/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 10/16/1998 292- 6020 462.03 -01 TO RENTAL INCOME 95.00- VENDOR TOTAL 205.00 0001541 BARTEL, T. J. 100 001026 10/19/1998 290- 6005 564.40 -10 COACH'S FEE 500.00 VENDOR TOTAL 500.00 0000005 BAY AREA ASSEMBLY 325 001060 10/20/1998 001 1040 413.05 -00 REFUND BUSINESS LIC. 70.00 VENDOR TOTAL 70.00 0001078 BAY TELECOM B009411 000989 18567 10/16/1998 001- 1050 513.40 -20 REPAIRS TO PHONE SYSTEM 95.00 VENDOR TOTAL 95.00 000993 18561 10/16/1998 310 9010 622.40 -10 SERVICES 8/26- 9/25/98 3,275.00 VENDOR TOTAL 3,275.00 1 IN PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000054 BOISE CASCADE 061527 061527 -1 061527 -2 061527 -3 0000954 BOYAN, PATRICE 91 0000056 95455 95456 95457 0000005 4708 0000682 CHIAO, LINME 001069 001055 18568 001056 001057 001058 BRIDGE WIRELESS 000998 000999 001000 0000005 BUCKNER, KATHRYN 0000005 CINTRON, DUANE 2004 001065 CHECK /DUE DATE 10/19/1998 10/19/1998 10/19/1998 10/19/1998 001027 10/19/1998 290 6005 564.40 -10 COACH'S FEE 10/16/1998 10/16/1998 10/16/1998 CITY OF SARATOGA -PETTY CASH 001087 10/20/1998 001088 10/20/1998 0000091 COMMONWEALTH CREDIT UNION 001047 10/19/1998 ACCQUNT NO 001 1050 513.30 -01 150- 3005 532.30 -01 250- 4010 542.30 -01 250- 4015 542.30 -01 001 1035 512.40 -14 001 1035 512.40 -14 001- 1035 512.40 -14 EXPENDITURE APPROVAL LIST AS OF: 10/23/1998 ITEM DESCRIPTION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 10/20/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL INSTALLATION 2 -WAY RADIO INSTALLATION 2 -WAY RADIO INSTALLATION 2 -WAY RADIO VENDOR TOTAL 2030 001063 10/20/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 0001523 CALISTOGA MOUNTAIN SPRING WATER CO. 08J0019822873 001017 18370 10/16/1998 001 1060 513.40 -15 RENTAL WATER FILTER SYS VENDOR TOTAL VENDOR TOTAL 10/20/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 290 6005 564.30 -01 EXPENSES PD PETTY CASH 290-6010 564.30 -01 EXPENSES PD PETTY CASH VENDOR TOTAL EXPENDITURE AMOUNT 159.57 53.01 47.28 2.68 262.54 550.00 550.00 368.48 39.00 39.00 446.48 325.00 325.00 37.83 37.83 39.00 39.00 50.00 50.00 5.00 47.27 52.27 001 0000 210.20 -01 10/22/98 PAYROLL 3,437.00 VENDOR TOTAL 3,437.00 PAGE 2 HAND-ISSUED 1 PREPARED 10/22/1998, 10:00:48 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 0000091 COMMONWEALTH CREDIT UNION 0000108 DATA TICKET, INC.: 7714 000994 10/16/1998 001 1040 452.01 -00 PARKING CITATION 9/98 193.80 0000116 DELTA MICROIMAGING, INC. 004563 000974 10/16/1998 004859 000975 10/16/1998 250- 4015 542.40 -42 MICROFILM 250- 4015 542.40 -42 MICROFILM VENDOR TOTAL 0000121 DEPARTMENT OF TRANSPORTATION 146709 001101 18449 10/20/1998 150 3015 532.40 -15 MTC TRAFFIC CONTROL 7/9B 1,270.35 0000138 ECONOMY LUMBER 64210 001100 18107 10/20/1998 001 3030 532.30 -01 PARKS MATERIALS 11.15 0000144 77198 771100 ELECTRICAL DISTRIBUTORS 001015 18705 10/16/1998 001016 18705 10/16/1998 001 1060 513.40 -14 ELECTRICAL SUPPLIES 001 1060 513.40 -14 ELECTRICAL SUPPLIES VENDOR TOTAL 0000146 ENGINEERING DATA SERVICE I980906 001013 10/16/1998 250- 4010 542.40 -40 ADV PUBLIC NOTICES -9/23 I980906 -A 001014 10/16/1998 250- 4010 542.40 -40 ADV PUBLIC NOTICES -10/14 0001002 FEDEX 4- 659 -57890 4- 666 -20610 0000155 4220 4281 4426 98 -2915 000996 001005 FITZPATRICK BARRICADE 000979 18109 000980 18109 000981 18109 000982 18109 0000159 FRY'S ELECTRONICS 10/16/1998 10/16/1998 10/16/1998 10/16/1998 10/16/1998 10/16/1998 EXPENDITURE APPROVAL LIST PAGE 3 AS OF: 10/23/1998 001 1020 511.30 -01 MAIL SERVICES 001- 1040 513.40 -21 MAILING FEES 150 3015 532.30 -01 TRAFFIC CONTROL SUPPLIES 150- 3015 532.30 -01 TRAFFIC CONTROL SUPPLIES 150- 3015 532.30 -01 TRAFFIC CONTROL SUPPLIES 150- 3015 532.30 -01 TRAFFIC CONTROL RENTALS VENDOR TOTAL 193.80 VENDOR TOTAL 1,478.55 114.29 1,592.84 VENDOR TOTAL 1,270.35 VENDOR TOTAL 11.15 613.96 25.98 639.94 303.42 536.85 840.27 22.50 15.50 VENDOR TOTAL 38.00 91.58 30.85 1,227.56 405.40 VENDOR TOTAL 1,755.39 PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 4 AS OF: 10/23/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000159 FRY'S ELECTRONICS 2923071 000983 10/16/1998 150- 3015- 532.30 -01 MOTOROLA TALKABOUT 97.37 VENDOR TOTAL 97.37 0000160 FUNG, CHUNG 25 001037 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE 7.50 VENDOR TOTAL 7.50 0001542 G L M 5/13/98 000990 10/16/1998 180 3040 532.40 -15 REPAIR WALL PD #3 265.00 VENDOR TOTAL 265.00 0000164 GARDENLAND POWER EQUIPMENT 264310 001002 18100 10/16/1998 001 3030 532.30 -01 GARDENING SUPPLIES 11.79 VENDOR TOTAL 11.79 0000005 GOEL, MANOJ 4461 001067 10/20/1998 290 6005- 445.04 -00 CLASS REFUND 34.00 VENDOR TOTAL 34.00 0000613 GREEN VALLEY RECYCLING CO INC 9/98 001098 200015 10/20/1998 260 5015 552.40 -10 STREET SWEEPING 9/98 6,163.38 8/98 001099 200015 10/20/1998 260 5015 552.40 -10 STREET SWEEPING 8/98 5,205.41 VENDOR TOTAL 11,368.79 0001546 GREG MILANO 001134 10/21/1998 290 6010 564.30 -01 MISC ITEMS FOR WHH 39.19 VENDOR TOTAL 39.19 0000181 H.T.HARVEY ASSOCIATES 0898 -9207 001096 10/20/1998 700- 9010 622.40 -13 QUARRY CREEK WETLANDS 4,805.80 VENDOR TOTAL 4,805.80 0000194 HUDTLOFF, DIANA L. 29 001031 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE 2,015.98 VENDOR TOTAL 2,015.98 0000197 HUMANE SOCIETY OF 1198SARA 001111 10/20/1998 001 2025 523.40 -10 SHELTER SERVICES 11/98 1,251.50 1198SARA 001110 10/20/1998 260 5005 552.40 -10 FIELD SERVICES 11/98 2,758.50 VENDOR TOTAL 4,010.00 PREPARED 10/22/1998, 10:00:48 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 0000197 HUMANE SOCIETY OF 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS 15991 001081 18744 10/20/1998 001- 3030 532.40 -14 IRRIGATION REPAIRS 15946 001080 10/20/1998 150- 3025 532.40 -15 IRRIGATION REPAIRS VENDOR TOTAL.* 0000200 ICE CHALETS, INC. 54 001044 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 0000201 ICMA RETIREMENT TRUST 001048 10/19/1998 001 0000 210.20 -01 10/22/98 PAYROLL -DEF COMP VENDOR TOTAL 0000544 JACOBS, IRENE 000995 10/16/1998 001 1045 513.40 -01 REIMBURSE CONFERENCE EXP VENDOR TOTAL 0000209 JAMELLO, NANCY 30 001053 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 0001264 JEFFERS, JAMES A. 9/30/98 001104 18760 10/20/1998 001 3035 532.40 -16 PW INSPECTION 9/98 9/30/98 001105 18760 10/20/1998 150- 3005 532.40 -16 PW INSPECTION 9/98 10/98 000976 10/16/1998 250- 4010 542.40 -10 TREE INSPECTIONS 9/30/98 001103 18760 10/20/1998 250- 4020 542.40 -16 PW INSPECTION 9/98 VENDOR TOTAL 0000213 JOBS AVAILABLE 820139 001003 10/16/1998 001 1045 513.40 -40 9/98 AD FOR PSO VENDOR TOTAL 0001521 JOE COTA 23 001135 18596 10/21/1998 270- 7015 572.60 -02 PYMT #3- HAKONE CARETAKER VENDOR TOTAL 0000218 JONES, LYNDA R. 10/11/98 000978 10/16/1998 001 1005 511.40 -10 CITY COUNCIL MINUTES EXPENDITURE APPROVAL LIST PAGE 5 AS OF: 10/23/1998 VENDOR TOTAL 57.00 257.78 314.78 190.00 190.00 4,035.83 4,035.83 150.00 150.00 931.88 931.88 60.00 1,080.00 260.00 930.00 2,330.00 46.00 46.00 2,177.00 2,177.00 200.00 200.00 PREPARED 10/22/1998, 10:00:48 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 0000218 JONES, LYNDA R. 0000219 JONES, MIKE 59 001032 0000929 KOEHLER, PETER 64 001030 0001391 KOVACH, SONIA M. 10/5 -10/16 001046 KRUMMEL, MARIAN 63 001033 0000233 0000466 KUHN, BRIAN 31 001043 LACKE, DAVE 98 001025 0001540 0000267 MAZE ASSOCIATES EXPENDITURE APPROVAL LIST PAGE 6 AS OF: 10/23/1998 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 10/19/1998 290-6005 564.40-10 INSTRUCTOR FEE VENDOR TOTAL 10/19/1998 001 1040 513.40 -10 ACCT'G SERVICES 22 1 /2HRS VENDOR TOTAL 10/19/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 10/19/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 10/19/1998 290- 6005 564.40 -10 COACH'S FEE VENDOR TOTAL 240.00 240.00 262.50 262.50 675.00 675.00 247.50 247.50 775.60 775.60 500.00 500.00 0000245 LEWIS, HOWARD 9/98 001108 18759 10/20/1998 001- 3035 532.40 -16 PW INSPECTION 9/98 90.00 9/98 001118 10/20/1998 150- 3005 532.40 -16 PW INSPECTIONS 9/98 1,740.00 9/98 001107 18759 10/20/1998 250 4020 542.40 -16 PW INSPECTION 9/98 187.50 VENDOR TOTAL 2,017.50 0000248 LINVILLE, DIANE 80 001042 10/19/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 94.50 VENDOR TOTAL 94.50 0000005 MASON, DAWN 2040 001062 10/20/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 nc PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 7 AS OF: 10/23/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000267 MAZE ASSOCIATES 10/4/98 001004 10/16/1998 001 1040 513.40 -10 PROGRESS BILLING 6/98 1,300.50 VENDOR TOTAL 1,300.50 0000274 MEYERS, NAVE, RIBACK SILVER 199809 -107 001073 10/20/1998 001- 1025 511.10 -03 RETAINER FEE 9/98 3,150.00 199809 -107 -1 001074 10/20/1998 001 1025 511.40 -11 LEGAL SERVICES 9/98 9,194.42 199809 -107 -2 001075 10/20/1998 001 1025 511.40 -11 CREDIT FOR PERS PMT 222.50- 199809 -103 001076 10/20/1998 001 1025 511.40 -12 LITIGATION SERVICES 9/98 8,616.29 199809 -104 001077 10/20/1998 001 1025 511.40 -12 LITIGATION SERVICES 9/98 62.50 199809 -105 001078 10/20/1998 001- 1025 511.40 -12 LITIGATION SERVICES 9/98 3,680.63 199809 -106 001079 10/20/1998 001 1025 511.40 -12 LITIGATION SERVICES 9/98 630.00 VENDOR TOTAL 25,111.34 0000005 MILLER, GAIL 43578 001064 10/20/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 VENDOR TOTAL 50.00 0001297 MOBILASTICS 36 001034 10/19/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 486.20 VENDOR TOTAL 486.20 0000283 MUNICIPAL RESOURCE CONS. STR10012396 001071 10/20/1998 001 1040 513.40 -10 SALES TAX RECAPTURE 3 500.00 VENDOR TOTAL 500.00 0000005 MURDAUGH, DENISE 5232 001068 10/20/1998 290 6005- 445.04 -00 CLASS REFUND 10.00 VENDOR TOTAL 10.00 0000005 NAST, ROBERT 39326 001059 10/20/1998 250- 4010 444.02 -00 REFUND ARBORIST DEP 108.30 VENDOR TOTAL 108.30 0000292 NATIONAL PLAN COORDINATOR 001050 10/19/1998 001 0000 210.20 -01 10/22/98 PAYROLL 2,320.11 VENDOR TOTAL 2,320.11 0000293 NATIONAL SANITARY SUPPLY 017000859145 001137 18695 10/22/1998 001- 1060 513.30 -02 JANITORIAL SUPPLIES 1,690.35 VENDOR TOTAL 1,690.35 PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000293 NATIONAL SANITARY SUPPLY 0001452 NORTHCUT, JENNIFER 38 001045 0000296 9 0000956 0000302 9/26/98 9/26/98 9/26/98 9/26/98 NUDELMAN, PAMELA 001089 ONODERA, MIA 83 001029 ORCHARD SUPPLY 000987 000988 000985 000986 0000306 PACIFIC BELL 237 271 -4652 001054 0000005 PATAKY, STEVEN 0001545 POULLADA, SOFIA 0000330 PUBLIC EMPL RETIRE FUND CHECK /DUE DATE 10/19/1998 290- 6005 564.40 -10 COACH'S FEE HARDWARE 10/16/1998 10/16/1998 18096 10/16/1998 18096 10/16/1998 0000593 PUB EMP RETIREMENT SYSTEM 597728 001010 10/16/1998 ACCOUNT NO 5208 001070 10/20/1998 290 6005- 445.04 -00 CLASS REFUND EXPENDITURE APPROVAL LIST PAGE 8 AS OF: 10/23/1998 ITEM DESCRIPTION 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 10/20/1998 290- 6005 564.40 -10 CLASS REFUND VENDOR TOTAL VENDOR TOTAL 001 1060 513.30 -02 BLDG MTC SUPPLIES 001 1060 513.30 -02 BLDG MTC SUPPLIES- CREDIT 001- 3030 532.30 -01 PARKS SUPPLIES 150- 3005 532.30 -01 STREET SUPPLIES VENDOR TOTAL 10/19/1998 001 1050 513.40 -20 SUPERTRUNK MO. CHARGE VENDOR TOTAL 9001007 PASCON 6 -58 001119 C80036 10/20/1998 310 9010 622.40 -10 RETENTION RAKONE PROJ. VENDOR TOTAL VENDOR TOTAL 40 001041 10/19/1998 290- 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL 001 0000 210.20 -01 LONG TERM CARE PREMIUM VENDOR TOTAL EXPENDITURE AMOUNT 48.00 48.00 18.00 18.00 1,100.00 1,100.00 69.52 1.79- 12.93 7.01 87.67 351.73 351.73 7,572.00 7,572.00 10.00 10.00 160.80 160.80 22.16 22.16 HAND- ISSUED u! PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000330 PUBLIC EMPL RETIRE FUND 001011 10/08/1998 001140 10/22/1998 0000005 REDDY, ANITA 5193 001086 0000337 RIXON, JAC 10 001040 0001491 ROTH CHIROPRACTIC 1000 -1231- C 000984 0000338 ROYAL COACH TOURS 005630 -013 001083 18660 10/20/1998 005630 -010 001084 18684 10/20/1998 005630 -012 001085 18688 10/20/1998 0001544 RUSSELL, ANN 68 001028 0000341 S.A.S.C.C. 10/6/98 000992 CHECK /DUE DATE 10/20/1998 10/19/1998 10/16/1998 10/19/1998 10/16/1998 0000342 S.C.A.C. TV FOUNDATION 43784 000997 10/16/1998 0000346 SAN JOSE WATER COMPANY C 001123 10/20/1998 B 001122 10/20/1998 A 001121 10/20/1998 D 001124 10/20/1998 E 001125 10/20/1998 F 001126 10/20/1998 ACCOUNT NO EXPENDITURE APPROVAL LIST PAGE 9 AS OF: 10/23/1998 ITEM DESCRIPTION 001 0000 210.20 -01 P/R ENDING 10/8/98 001 0000 210.20 -01 PAYROLL ENDING 10/22/98 290 6005- 445.04 -00 CLASS REFUND 001- 1040 413.05 -00 EXAM -C. EDEN 290 6005 564.40 -10 COACH'S FEE VENDOR TOTAL VENDOR TOTAL 290 6005 564.40 -10 INSTRUCTOR FEE VENDOR TOTAL VENDOR TOTAL 290 6005 564.40 -51 BUS FOR SR TRIP 11/1/98 290- 6005 564.40 -51 BUS FOR SR TRIP 11/1/98 290 6005 564.40 -51 BUS FOR SR TRIP 11/5/98 VENDOR TOTAL VENDOR TOTAL 270 7015 572.40 -70 CDBG PMT -2ND QTR VENDOR TOTAL 001- 7010 571.40 -70 3RD QTR FRANCHISE FEE '98 VENDOR TOTAL 001 1060 513.40 -22 BUILDINGS 001 3030 032.40 -22 PARKS /OPEN SPACE 150- 3025 532.40 -22 MEDIANS /PARKWAYS 180- 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 180- 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 180 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. EXPENDITURE AMOUNT CHECK 76381 6,162.84 6,162.84 44.00 44.00 90.00 90.00 75.00 75.00 502.20 502.20 523.13 1,527.53 550.00 550.00 8,057.00 8,057.00 17,341.69 17,341.69 600.12 6,383.53 2,292.39 89.56 59.11 145.53 HAND ISSUED 6,504.01 6,504.01 IVY PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA 0000099 10/98 0000701 0000358 SASO, VIRGINIA 61 001035 0000005 43136 0000374 179603 182489 179603 182489 179603 182489 SANTA CLARA COUNTY 001012 SINGER, TERRI 001061 SOURCE SERVICES CORP. 001112 001113 001114 001115 001116 001117 EXPENDITURE APPROVAL LIST AS OF: 10/23/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000346 SAN JOSE WATER COMPANY G 001127 10/20/1998 180 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 14.20 I 001128 10/20/1998 180 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 14.20 J 001129 10/20/1998 180 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 144.92 K 001130 10/20/1998 180- 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 295.93 M 001131 10/20/1998 180- 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 88.51 O 001132 10/20/1998 180 3040 532.40 -22 LANDSCAPE /LIGHTING DIST. 1,145.29 P 001136 10/21/1998 180- 3040 532.40 -22 ZONE 29 71.22 10/20/1998 001 1020 511.10 -01 TEMPORARY STAFFING 10/20/1998 001-1020 511.10 -01 TEMPORARY STAFFING 10/20/1998 001 1030 511.10 -01 TEMPORARY STAFFING 10/20/1998 001 1030 511.10 -01 TEMPORARY STAFFING 10/20/1998 001 1045 513.10 -01 TEMPORARY STAFFING 10/20/1998 001 1045 513.10 -01 TEMPORARY STAFFING VENDOR TOTAL 11,344.51 10/16/1998 001- 0000 202.10 -01 BUS TICKET REIMBURSEMENT 70.00 VENDOR TOTAL 70.00 SANTA CLARA COUNTY 001109 10/20/1998 001 2015 523.40 -10 LAW ENFORC. SVCS 10/98 206,843.11 VENDOR TOTAL 206,843.11 0000353 SARATOGA CHAMBER OF COMMERCE 2580 001102 10/20/1998 001 1005 511.30 -30 4TH QTR '98 DUES 836.25 VENDOR TOTAL 836.25 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE 144.00 VENDOR TOTAL 144.00 0000368 SIGNAL MAINTENANCE, INC. 35149 001052 10/19/1998 150- 3015 532.40 -15 SCHEDULED MTC FOR 9/98 824.22 VENDOR TOTAL 824.22 10/20/1998 292 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 VENDOR TOTAL 50.00 140.88 490.00 40.25 140.00 20.12 70.00 VENDOR TOTAL 901.25 PAGE 10 :■r PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000374 SOURCE SERVICES CORP. 0000375 SOUTH BAY METRO OFFICIALS S8M0A898 001133 10/21/1998 0001458 SPRINT 420210004 001024 0000378 STAPLES, INC. I104392001 001006 18569 10/16/1998 I25252001 001007 10/16/1998 0000119 STATE OF CALIFORNIA 16551 000991 0000382 STATE OF CALIFORNIA 001049 0000384 73551 73553 73567 73568 73593 73578 73552 0000125 9/98 0000398 CHECK /DUE DATE STEVENS CREEK QUARRY, INC. 001090 10/20/1998 001091 10/20/1998 001092 10/20/1998 001093 10/20/1998 001094 10/20/1998 001095 10/20/1998 001097 10/20/1998 THE DINI GROUP 001106 18761 10/20/1998 TLC 0000088 UNITED STATES POSTAL SERVICE ACCOUNT NO EXPENDITURE APPROVAL LIST PAGE 11 AS OF: 10/23/1998 ITEM DESCRIPTION 290- 6005 564.40 -10 UMPIRES FOR MEN'S LEAGUE VENDOR TOTAL 10/19/1998 001 1050 513.40 -20 TELEPHONE MODEMS VENDOR TOTAL 001 1050 513.30 -01 OFFICE SUPPLIES FINANCE 001 2010 522.30 -01 OFFICE SUPPLIES -COM. DEV. VENDOR TOTAL 10/16/1998 001 1040 513.40 -10 FINGER PRINT FEES VENDOR TOTAL 10/19/1998 001 0000- 210.20 -01 10/22/98 PAYROLL 150- 3005 532.40 150 3005 532.40 -10 150- 3005 532.40 -10 150- 3005 532.40 -10 150- 3005 532.40 -10 150- 3005-532.40 -10 700- 9010 622.40 -13 VENDOR TOTAL STORM DAMAGE WORK STORM DAMAGE WORK STORM DAMAGE /DRAINAGE STORM DAMAGE /DRAINAGE STORM DAMAGE /DRAINAGE STORM DAMAGE /DRAINAGE QUARRY CREEK WETLANDS VENDOR TOTAL 250- 4020 542.40 -16 PW INSPECTION 9/98 VENDOR TOTAL 001051 10/19/1998 001 0000 210.20 -01 10/22/98 PAYROLL VENDOR TOTAL WK WK WK WK EXPENDITURE AMOUNT 606.96 606.96 5.94 5.94 54.28 129.89 184.17 32.00 32.00 2,891.67 2,891.67 31,004.70 65,022.49 16,929.00 14,376.57 23,537.29 1,887.50 21,205.17 173,962.72 1,590.00 1,590.00 1,729.52 1,729.52 HAND- ISSUED PREPARED 10/22/1998, 10:00:48 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 12 AS OF: 10/23/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000088 UNITED STATES POSTAL SERVICE 001072 10/15/1998 001 1050 513.40 -21 POSTAGE RESET FEES CHECK 76382 VENDOR TOTAL .00 0001482 VALLEY SLURRY SEAL CO. 82098 001120 10/20/1998 150- 3005 532.40 -10 RETENTION AMOUNT DUE 7,608.54 VENDOR TOTAL 7,608.54 0000422 WADA, ISAO 57 001039 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE 225.00 VENDOR TOTAL 225.00 0000426 WEST COAST BLDG, SERVICE 22230 001138 18700 10/22/1998 001- 1060 513.30 -02 JANITORIAL SUPPLIES 36.00 VENDOR TOTAL 36.00 0000432 WHITLINGER, TENNIS 14 001036 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE 275.00 VENDOR TOTAL 275.00 0000433 WILKINS, LARRY 50 001038 10/19/1998 290 6005 564.40 -10 INSTRUCTOR FEE 1,445.96 VENDOR TOTAL 1,445.96 0000440 XEROX CORPORATION 165312018 001008 10/16/1998 001 1055-513.40 -30 COPIER SUPPLIES 424.34 164532839 001009 10/16/1998 001- 1055 513.40 -30 COPIER SUPPLIES- CREDIT 96.34 VENDOR TOTAL 328.00 0000005 YOFFIE, DEBRA 5155 001066 10/20/1998 290 6005- 445.04 -00 CLASS REFUND 68.00 VENDOR TOTAL 68.00 1,030.00 1,030.00 TOTAL EXPENDITURES 571,458.81 7,534.01 GRAND TOTAL 578,992.82 EXECUTIVE SUMMARY NO. AGENDA ITEM S/: MEETING DATE: November 4,1998 CITY MANAGER: a ORIGINATING DEPT: Administrative Services DEPT. HEAD: Ckiw SUBJECT: Agreement to Provide Auditing Services for Fiscal Years 1997 -98 and 1998 -99 RECOMMENDED MOTION(S): Approve the agreement for auditing services between the City of Saratoga and Maze and Associates Accountancy Corporation (Maze) for fiscal years 1997 -98 and 1998 -99. REPORT SUMMARY: SARATOGA CITY COUNCIL In February 1993, a five year proposal from Maze for auditing services was approved by the City Council. Maze conducted the audit and prepared the financial statements and other reports for each year of the five year period from fiscal years ended June 30, 1993, through June 30, 1997. Fiscal year 1997 -98 is the first audit after the new HTE financial system was implemented, and as such, there is significant advantage in having continuity of accounting firms both before and after the implementation. We are therefore requested that the agreement for auditing services be extended for two more years. Since we are simply extending an existing agreement, we are not required to competitively bid the contract at this time. After the fiscal year 1998 -99 audit is completed, the City would be in position to begin a competitive bidding process for a new audit contract starting in fiscal year 1999 -2000, should it choose to do so. The contract amount for fiscal year 1997 -98 of $43,749 is just $500 higher than the contract amount for the previous fiscal year. The second year of the two year agreement totals $45,587, which is approximately a 4% increase. These fees are competitive in the industry, considering the additional work that will need to be done as a result of auditing a new financial system. FISCAL IMPACTS: Sufficient funds have been appropriated in both fiscal years for these services. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda serves as notice to the general public. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The performance of an annual audit by an independent certified public accounting firm is not only good financial management, but explicitly required by numerous regulations and covenants. The consequences of not doing this would result in non compliance with bond agreements, banking regulations, granting agency regulations, and our fiduciary responsibility to the citizens of Saratoga. FOLLOW UP ACTIONS: Execute the agreement for auditing services between the City of Saratoga and Maze and Associates Accountancy Corporation for fiscal years 1997 -98 and 1998 -99. ATTACHMENTS: Agreement between the City of Saratoga and Maze and Associates Accountancy Corporation AuditContractReport 2 AGREEMENT TO PROVIDE AUDITING SERVICES This agreement is entered into by and between the City of Saratoga, a municipal corporation, hereinafter referred to as "City and Maze and Associates Accountancy Corporation, hereinafter referred to as "Maze Whereas City is required to contract for an independent audit of its financial reports, and Whereas Maze is qualified, licensed and willing to perform such auditing services, Now, Therefore, City and Maze agree as follows: 1. Scope of Work In consideration of the payment of fees by City to Maze as hereinafter provided, Maze agrees to perform auditing services for fiscal years 1997 -98 and 1998 -99, more particularly described in Exhibit A attached hereto and by this reference made apart hereof and as modified by any approved changes during the term of this Exhibit A is a detailed listing the Scope of Work to be performed, along with the associated fees. 2. Time of Completion Maze shall commence work immediately upon notice to proceed by City. The notice to proceed date shall be considered the effective date of this agreement. 3. Compensation For performance of the work described in Exhibit A, City shall pay fees not to exceed the following: Fiscal Year Fee 1997 -98 $43,749 1998 -99 45,587 Payment will be made monthly based on percentage of completion to -date, as invoiced by Maze. 4. Termination and wrap -up This agreement shall be terminated automatically and without further notice upon the occurrence of any of the following: A. Expiration of the term specified herein, or any renewal of the term, in the absence of a subsequent renewal in accordance with the terms of this agreement. B. Violation of any of the terms and conditions of this agreement, including failure to perform the required work in a timely manner. C. Upon the filing of a petition in bankruptcy by Maze. 5. Indemnification. a. Operations: As respects the operations of Maze under this Agreement other than the performance of professional services, Maze shall indemnify, defend, and hold harmless the City, it's officials, employees, volunteers and contractors from and against claims, liabilities, damages, losses, and costs including, but not limited to, reasonable attorneys' fees and other costs of defense, attributable to personal injury, bodily injury, including death, or property damage, including loss of use thereof, and arising out of the negligence or willful misconduct of Maze or anyone for whom Maze is legally responsible, excepting only those claims, damages, liabilities, losses, and costs caused by the City's negligence or willful misconduct. b. Professional Services: As respects the performance of professional services under this Agreement, Maze shall indemnify, defend, and hold harmless the City, its officials, employees, volunteers, and contractors from and against liabilities, damages, losses, and costs including, but not limited to, reasonable attorneys' fees and other costs of defense, caused by the negligence or willful misconduct of Maze or anyone for whom Maze is legally responsible. 6. Insurance Maze shall not commence work under this Agreement until it has obtained all insurance required under this Section and such insurance has been approved by the City. Maze shall furnish the City with certificates of insurance evidencing the required coverage and there shall be a specific contractual liability endorsement extending Maze's coverage to include the contractual liability assumed by Maze pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) calendar days' notice must be given, in writing, to the City of any pending change in the limits of liability or for any cancellation or modification of the policy. a. Worker's Compensation and Employer's Liability Insurance Maze shall have in effect during the entire life of this Agreement Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Maze makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." b. Liability Insurance Maze shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Maze's operations under this Agreement, whether such operations be by itself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be One Million Dollars ($1,000,000) combined single limit bodily injury and property damage for each occurrence. The City and the officers, agents, employees and servants thereof shall be named as additional insured on any such policies of insurance which shall contain a provision that the insurance afforded thereby to the City, the officers, agents, employees and servants thereof, shall be primary insurance to the full limits of liability of the policy, and if the City, its officers and employees have other insurance against a loss covered by such a policy, such other insurance shall be excess insurance only. c. Professional Liability Insurance Maze shall maintain a policy of professional liability insurance, protecting it against claims arising out of the acts, errors or omissions of Maze pursuant to this Agreement, in the amount of not less than one million dollars ($1,000,000) combined single limit. 7. Breach of Provision Cancellation of Agreement a. In the event of the breach of any provision of this Agreement by Maze, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the City at its option, may, not withstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and if the cause of breach is not remedied within 5 days, terminate any further work pursuant to this Agreement; b. This Agreement is governed by applicable federal statues and regulations, as referred to elsewhere herein. Any material deviation by Maze, for any reason, from the requirements thereof, or from any other provision of this Agreement, may constitute a breach of this Agreement and shall be cause for termination at the sole election of the City. c. Work products of Maze for this project, which are delivered under this Agreement or which are developed, produced and paid for under this Agreement, except for auditor's workpapers will become the property of the City Copies of the workpapers including work in electronic format will be made available upon the City 's request. 10 Non waiver d. In connection with the work to be performed by Maze, City shall have the right to cancel or indefinitely suspend further work hereunder or terminate this Agreement upon thirty (30) days' written notice; all work being performed under this Agreement shall immediately cease. In the event of a cancellation, termination and suspension of this Agreement by City without cause or fault of Maze, then City shall pay to Maze a pro -rata amount for all work completed, all drawings, plans and specifications, cost estimates and the like, and no amount shall be allowed for anticipated profit or unperformed services. e. City may, by written notice to Maze, terminate this Agreement in whole or in part at any time, either for City's convenience or because of the failure of Maze to fulfill its Agreement obligations. Upon receipt of such notice, Maze shall: 1. Immediately discontinue all services affected (unless the notice directs otherwise). 2. Deliver to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials (unless the notice directs otherwise) as may have been prepared or accumulated by Maze in performing this Agreement, whether completed or in process. f. If the termination is due to the failure of Maze to fulfill its Agreement, City may take over the work and prosecute the same to completion by agreement or otherwise. In such case, Maze shall be liable to City for any additional cost occasioned to the City thereby. If, after notice of termination for failure to fulfill agreement obligations, it is determined that Maze had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in paragraph d. of this Article. 8. Severability g. If any provision of this agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this agreement and the other provisions shall remain in full force and effect. 9. Assignment Maze shall not assign or otherwise transfer its rights under this agreement, or the license this agreement provides to Maze, without the prior written consent of the City. Any attempt to make such an assignment without the City 's prior approval shall be void. Maze and City agree that no failure to exercise, and no delay in exercising any right, power or privilege hereunder on the part of either party shall operate as waiver of any right, power or privilege. City and Maze further agree that no single or partial exercise of any right, power or privilege hereunder shall preclude its further exercise. 11. Miscellaneous Any changes in this Agreement shall be mutually agreed upon by and between the City and Maze and shall be set forth only in written amendments to this Agreement and properly executed prior to any performance. Time is of the essence of this Agreement and Maze will employ a sufficient staff to prosecute the work diligently and continuously. It is expressly agreed that in the performance of the audit services necessary for compliance with this Agreement, Maze shall be and is an independent contractor and is not an agent or employee of the City. Maze has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting Maze in the performance of Maze's services hereunder. Maze shall be solely responsible for its own acts and those of its subordinates and employees. It is expressly understood that Maze is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this Agreement and City relies upon the skill of Maze to do and perform said work in the most skillful manner and Maze guarantees to thus perform said work required by the terms of this Agreement and use trained personnel directly employed and supervised by Maze. Maze agrees that each of its employees will be properly qualified and will use reasonable care in the performance of their duties, and the acceptance of Maze's work by City 'does not operate as a release of Maze from said guarantee. During the performance of this contract, Maze shall not unlawfully discriminate against any employee or applicant for employment based upon race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. Maze shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination. This agreement constitutes the complete and exclusive statement of the mutual understanding of the parties relating to the subject matter hereof, and supersedes all previous communications, representations and agreements, both oral and written. There are no covenants, conditions or agreements between the parties except as set forth herein, and no modifications of this agreement shall be binding upon the parties unless executed in writing and signed by the appropriate person or officers of each of the parties hereto. All notices required under this Contract shall be in writing and delivered to the person or sent by first class mail, postage prepaid, as follows: Maze and Associates Accountancy Corporation 1670 Riviera Avenue, Suite 100 Walnut Creek, CA 94596 City of Saratoga Attn.: Director of Administrative Services 13777 Fruitvale Avenue Saratoga, CA 95070 Dated and effective this day of 1998. CITY OF SARATOGA MAZE AND ASSOCIATES ACCOUNTANCY CORP. By: By: Mayor Principal Approved as to form: By: City Attorney AGREEMENT TO PROVIDE AUDITING ACCOUNTING SERVICES EXHIBIT A SCOPE OF WORK AND FEES Fees Scope of Services 1997 -1998 1998 -1999 City Services: Audit of the General Purpose Financial Statements 532,589 $33,957 Audit of the Saratoga Public Financing Authority 2,719 2,833 Perform Agreed upon Procedures on the City's GANN Limit and issue our report thereon 1,033 1,076 Single Audit Act work (one program) 3,775 3,934 Complete the Annual Report of Financial Transactions for the City 2,361 2,460 Complete the Annual Street Report for the City 1,273 1,327 Total Services $43,749 545,587 .y. .1 EXECUTIVE SUMMARY NO. MEETING DATE: NOVEMBER 4, 1998 ORIGINATING DEPT.: PUBLIC WORKS SARATOGA CITY COUNCIL AGENDA ITEM SUBJECT: MV Resolution Prohibiting U -Turns on Fruitvale Avenue CITY MANAGER DEPT. HEAD: 4 L., -m- RECOMMENDED MOTION(S): Move to adopt the MV Resolution prohibiting U -turns on Fruitvale Avenue at median opening in front of Redwood School. REPORT SUMMARY: At its April, 1998 Meeting, the Saratoga Public Safety Commission recommended the prohibition of U -turns at the median opening in front of Redwood School and the Main Entrance to West Valley College. This median opening becomes very congested when Redwood School is receiving and releasing students,with vehicles leaving the school and weaving over to access the median opening to make a U- turn in a very short distance(200'), while at the same time West Valley students are making their left turn into the College. The vehicles leaving Redwood School would be able go south on Fruitvale Avenue approximately one quarter mile to the median opening at Athletics Way to make their U -turn, if the proposed U -turn prohibition is established. FISCAL IMPACTS: Approximately 5250.00 in labor and materials for the City to install the signs. Funds for this expense would come from the Traffic Control Budget. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Redwood School, West Valley College and the Sheriff's Department should be notified of the proposed U -turn prohibition. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The Resolution -would not be adopted and the intersection would remain as is. FOLLOW UP ACTIONS: A work order will be issued to install the signs. ATTACHMENTS: Motor Vehicle Resolution and location map. LOCATION 650 feet southerly of Allendale Avenue 650 feet southerly of Allendale Avenue AYES: NOES; ABSENT; ATTEST; RESOLUTION NO. MV RESOLUTION PROHIBITING U -TURNS ON FRUITVALE AVENUE AT MEDIAN OPENING IN FRONT REDWOOD SCHOOL The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following designated portions Fruitvale Avenue in the City of Saratoga shall prohibit the U -turn movement of vehicles. This resolution shall become effective at such time as the signs are erected. DIRECTION OF TRAFFIC AFFECTED Southbound Northbound The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular held on the day of 199_, by the following vote: City Clerk Mayor ,S'ARA re) 6xi C <vtc G'EAt TE iQ Ao tT OFF(cE /ItL ENVALe AHE 0-rt./adv."- PERMITTE RED woo a Cava .Ss _LN DR. IVD MED /AA/ DPENinrG U- TURNS PERMITTED J� l p,�POSED El-Tit/RN F'RON /BI T/oN (LEFT rt./RA/5 ax) >maKz7a- V ACLENDALE ex U TuA2'ivs PERM, rr6o tit WES V4LLEV GO aL E6'E DRAWN BY E. Dorsey APPROVED BY CITY OF SARATOGA STANDARD DRAWING PROPOSED L/ -TURN PROHIBIT-ION PRU /TV/ALE A vENUE SCALE HOR. 1" A/7 TO VERT. 1 scaL. DATE Sept, /998 Printed on recycled paper. OMIFE cDff 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200 MEMORANDUM TO: Mayor and City Council FROM: Heather Bradley, Associate Planner DATE: November 4, 1998 SUBJECT: Final Map Approval of Tract 9101- Fitzsimmons Subdivision DESCRIPTION DISCUSSION 7A COUNCIL MEMBERS: Stan Boposian Paul E. Jacobs Gillian Moran Jun Sna Donald L Wolfe At the meeting of October 21, 1998 Council Member Moran withdrew the Fitzsimmons Final Map from the City Council Agenda Consent Calendar in order to allow two neighboring property owners the opportunity to address the Council with concerns regarding tree preservation. The item was then continued to the next available City Council meeting so that staff could address the issues that were raised. The Planning Commission reviewed and approved the Tentative Map on May 27, 1998. The City Arborist also reviewed the map and gave monetary values to all of the trees on site, while commenting on specific trees that would be impacted by roadway improvements and trenching for public utility improvements. This is typical of subdivision level review by the City Arborist. Once plans for each individual residence are submitted for review and approval the City Arborist will be asked to report on the potential impacts to trees on a lot specific basis. It is a condition of the Tentative Map approval that no grading or building pad improvement work take place on the individual lots until Design Review applications for the homes are approved. Therefore, no trees are approved for removal except those that are within the approved cul -de -sac. Additional conditions were placed on the Tentative Map approval requiring that the trenches for public improvements (for such things as storm drains and sewers) be located away from and out of the driplines of existing trees. During the demolition phase of the construction process it may be necessary to prune or even remove a few trees, however the Arborist has clearly specified the means in which the affected trees should be fenced and protected during this phase of construction. It was further a condition of Tentative Map approval that an ISA certified Arborist be retained by the developer and be onsite during demolition activity to ensure that trees are not unnecessarily damaged during demolition. In response to neighbors concern that the shrubs adjacent to the property line be retained, that decision is at the discretion of the developer /property owner, as the City has regulations protecting only those trees which meet the ordinance criteria for size. However, it is not anticipated that any landscaping along the perimeter of the property would be removed except to clean up the site for future landscaping plans. Staff did meet with the developer and concerned neighbors on site last week in order to clarify and resolve those concerns that were raised at the City Council meeting. At this time all tree protection issues appear to have been addressed to the neighbors' satisfaction. Please refer to the attached letter. RECOMMENDATION Approve the Final Map for Tract 9101 Fitzsimmons Subdivision (Sage Court) ATTACHEMENT 1. Letter from neighboring property owner OCT- 29-1998 17:22 D.R. MATHER /M.K. FRAZER +1 408 741 5155 P.02 To: The Saratoga City Council From: Miriam (Mimi) Frazer 1 wanted to give you an update regarding the Final Map Approval for Tract 9101 located at 13480 Saratoga Ave. (Owner: Fitsimmons). Mrs. Smith and 1 met with James Walgren, Heather Bradley and John Shores of Yamaoka Builders. We appreciate the opportunity you and James afforded us to have an interactive dialogue about the trees on the property and have been verbally reassured that the intent of the developer is to retain as many of the heritage trees and shrubs as possible. We were also fold that the Community Development staff has required the developers to hire a certified arborist to oversee the project in conjunction wrth the purview of the staff. We have been informed that the design review will detail a tree by tree plan for those regulated trees and that the developer will adequately address the privacy, camouflage and shade concems at that time. Thank you for your concern and support for the residents of Saratoga. We also want to recognize the conscientious work of the staff on this project. 111 4 rds 135 SaV :tog., 7 1 -5111 razer ay 95070 TOTAL P.02 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: OCTOBER 21,1998 CITY MGR: ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: SUBJECT: Final Map Approval for Tract No. 9101 (5 lots at 13480 Saratoga Avenue), Owner: Fitzsimmons/Yamaoka Development. Recommended Motion(s): 1. Move to adopt Resolution No. SD 98 -001 granting final map approval of Tentative Map Application No. SD 98 -001 for five lots at 13480 Saratoga Avenue. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 98 -001 which, if adopted, will grant final map approval for five lots located at 13480 Saratoga Avenue. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 98- 001, have been completed or will be completed concurrent with development of the five lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $20,648.75 in Engineering Fees, $37,260 in Park Development Fees, and $500 towards future slurry seal required for this subdivision. Follow UP Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Site Map. 2. Tract Map. 3. Resolution No. SD 98 -001 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SD 98 -001 approving the tentative map with conditions. REPORT TO THE PLANNING COMMISSION Applicant No./Location: SD -98 -001; 13480 Saratoga Avenue Applicant/Owner: FITZSIMMONS Staff Planner: Heather Bradley Date: May 27, 1998 389 -34 -003 APN: Department Head: 61A) 13480 Saratoga Avenue ITEM 5 REFERENCES 1 IN FEET 1 Inch 40 A STANDARD C1T) MONUMENT 5r� :.E MONUMENT PER CI', OF SAP /I,1(;;. c SARA TO y GRAPHIC SCALE NOTES ALL DIMENSIONS SHOWN .100 ON ARE IN AND DECIMALS THEREOF 2. THE AREA MERIN 1HE DIS IINCTI0E BORUE.•. 524 A2015. 511 EFFECT •DF AN EASEMENT RECORDED N BOO, ;621 RAGE 368 O1 OFFICIAL RECORDS FOP N (.1 SS, .+NIT EGRESS TO USE 4A TER THE E *AI:' -IIr;N u EASEMENT IS NOT DEFINED 0 RE: (MI BASIS OF BEARINGS TH1 BEARING NORTH 44 '06'00" E AS' 1 04N IT RUNT iF R'INNIE 4A, AS 3H1.414 20004 THAT Ir' T 0411 054.*, 40.20 445 RE. TROT 1' IN 'T Ai PAGE 46 PFSCROS )1 SANTA CI.:_. i4Nl, 4AC '00)04 02 'HE 404 •,TIFON N46'40' LEGEND DISTINCTIVE BORDER CENTERLINE EASEMENT LINE MONUMENT FOUND (A5 NO 015) SET STANDARD Li MON( MTH TAO 0 51954 SET I0)N PIKE MONUMENT MTH TAG R C E. '1954 NAI1. FOUND IAS NOTED) PUBLIC SERVILE! 4 5004)04[ RADIAL AN015 ROIN1 REI.(NOUIS■ME NI of ABU ITf R'5 A VENUE M 432 9 o' si 433GA TALE a40A' 5DU-• .1. 4[' 4 AtEU 10 1 20 00 SAP ATOGA 141 E THL CI" •r i PAIfU:)A BI PEA i. AI,RE 406.6 .0 (iII' 2 04 40 2 24,004 5.F. 3 20.013 SF MAP H S.). TRACT 141(:). 9101 CONSISTING OF TWO (2) SHEETS BEING A PORTION OF LOTS 6 AND 7 AS SHOWN UPON THAT CERTAIN MAP ENTITLED 55 D ALSO A PORT10N OF T QUITO RN PAGE AND RECORDS OF SANTA CLARA COUNTY CALIFORNIA. LYING WITHIN THE CITY OF SARATOGA. COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. SCALE: i5 554'51'45 51 0 DATE: AUGUST 1998 Civil Engineering Associates Civil Engineers Planners Surveyors 1641 N. First Street Suite 250 San Joe, CA 95112 (408) 452 -1066 RONNI 1 ;.6 WA 1'04 The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 5 as shown on that certain map of Tract No. 9101, prepared by Civil Engineering Associates dated August, 1998, and filed with the City Clerk of the City of Saratoga on October 21, 1998, are approved as FIVE (5) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RESOLUTION NO. SD 98 -001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 98 -001 13480 SARATOGA AVENUE (FITZSIMMONS YAMAOKA DEVELOPMENT) Deputy City Clerk Mayor 1 CONTRACT FOR THE IMPROVEMENT OF SD 98 -001 AGREEMENT, made and entered into this 5TH day of October 1998, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and L C BUILDING COMPANY, INC. subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 13480 Saratoga Avenue situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 98 -001 has been filed with the City Clerk of the City of Saratoga for presentation to the Council for its approval, which map is hereby referred to and by said reference incorporated herein; and WHEREAS, Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovementioned subdivision, including, but without limiting the foregoing, the necessary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and specifications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Civil Engineering Associates Civil Engineer, approved by the City Engineer and now on file in the offices of the Clerk of said City and /or the City Engineer's Office of said City, and 2 WHEREAS, the City Council of said City did on the day of 199 adopt a Resolution approving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and requiring as a condition precedent to the future acceptance of said offers of dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City's Subdivision Ordinance, as amended, of the City of Saratoga and in accord with the improvement plans and specifications on file as hereinabove referred to, and requiring as a condition precedent to the release of said final map for recordation that the Subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462(a) of the State of California, it is hereby agreed as follows: 1. Subdivider at this cost and expense shall construct all of the improvements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and specifications on file in the office of said City, for the construction of said improvements, in, for, or appurtenant to said subdivision, and all in compliance with the City's Subdivision Ordinance as amended and the laws of the State of California, and shall complete the same within one year from date hereof and shall maintain the same for a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent to recordation thereof, furnish to the City and file with the City Clerk a good and sufficient surety 3 bond or bonds, money or negotiable bonds, in form to be approved by the City Attorney, securing the faithful performance by Subdivider of all work and the construction of all improvements herein in this Agreement mentioned within time specified, and securing the faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in all events at least 13,200.00 of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the total amount of said bond to be in the sum of 132, 000.00 and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be One Hundred Thirty Two Thousand Dollars($ 132,000.00 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boards, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought by any and all person or persons because of or resulting from the doing by Subdivider or any and all things required of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required -by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors of any and all things required to be done by this contract, or arising or resulting from any dangerous or defective condition arising or 4 resulting from any of the above said acts or omissions of Subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destruction or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destruction, damage or removal is required or caused by the plans or specifications or by direction of an officer, agent or employee of the City. 4. Subdivider shall, before the release of said final map by the City, and as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the City Attorney, and Subdivider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from Subdivider's operations and activities in the construction of any and all improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and /or arising or resulting from the doing or failure of Subdivider to do all things required to be done pursuant to this agreement. Said policies of insurance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED THOUSAND DOLLARS 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 Ten Thousand Nine Hundred Twenty Dollars 10,920.00) to be applied by City to the payment of 6 expenses to be incurred by City for engineering and inspection services to be performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be done and performed in accord with the within agreement, then and in that event, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same person, firm or corporation, then this agreement shall only be effective upon both the Subdivider and the Owner separately executing the same, and wherever the term Subdivider is used, the same shall include Owner and wherever the term Owner is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal representatives and assigns of Subdivider and Owner, and time is of the essence hereof, save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 7 CITY OF SARATOGA, a Municipal Corporation By: By: Bv: Larry Mayor Sub ivi der, L C BUILDING COMPANY, Ya aoka, President INC. By: ANN V. FITZS toNS (Owner, if different from Subdivider) Jos h J. Fitzsimmons (Owner, if different from Subdivider) WHEREAS, this body has heretofore received and considered the environmental Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence. NOW, described s subdivision, which map is d January 1998nands marked for i hereinafter erein above referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Completed by Surveyor. 1. Prior to submittal of a Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all extemal property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. RESOLUTION NO. SD -98-001 RESOLUTION APPROVING TENTATIVE MAP OF Fitzsimmons/ Yamaoka Development; 13480 Saratoga Avenue WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga. for Tentative Map approval of five (5) lots, all as more particularly set forth in File No. SD -98 -001 of this City; and WHEREAS, this Advisory Agency hereby fmds that the proposed subdivision. together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto; and the proposed subdivision and land use are compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated May 27, 1998 being hereby made for further particulars; and 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required in Section 14- 40.020 of the Municipal Code, to the City Engineer for examination The Final Map shall contain all of the information required by Section 14- 40.030 of t' Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of submittal of the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. Fees Paid. Bond Posted. All easements offered on Final Map. Plans submitted and approved. Fees Paid. Agreement signed. 8. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. All securities provided. 9. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.055 of the Municipal Code, prior to Final Map approval. 11. Prior to Final Map approval, the owner (applicant) shall fumish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. 12. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to the Associate City Engineer. 13. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control. Board to obtain coverage under the State General Insurance provided. All utility commitments provided. All permits obtained. Complete. File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development e. One copy of any other map. document. deed. easement or other resource that %rill facilitate the examination process as requested by the City Engineer. 3. The owner (applicant) shall pay a Map Checking fee. as determined by the City Engineer. at the time of submittal of the Final Map for examination. 4. Interior monuments shall be set at each lot corner either prior to recordation of a Final Map or some later date to be specified on a Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval. to guarantee the setting of interior monuments. 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights of way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. Appropriate traffic control signs shall be included in the improvement plans for the purposes of limiting subdivision ingress and egress to right turns only 7. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee. as determined by the Public Works Director, at the time Improvement Plans are submitted for review. Fees Paid. Acknowledged. Fees Paid. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. Acknowledged. 26. The design of the proposed fence along Saratoga Avenue shall be modified to continue the File No. SD 98 001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development Construction Activity NPDES Permit. Satisfactory evidence of the filing of NO1 shall be furnished to the Associate City Engineer. 14. The owner (applicant) shall pay $500.00 toward the future slurry seal of the new street created by the subdivision prior to Final Map approval. 15. The owner (applicant) shall underground all existing overhead utilities along the frontage of the subdivision. 16. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to Final Map approval. 17. All public and private improvements required for the project shall be completed and accepted for construction by the City Engineer, Planning Director. and/or the appropriate officials from other public agencies, including public and private utility providers. prior to issuance of building permits for any of the lots. 18. All building and construction related activities shall adhere to New Development and Construction Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. 19. Notice of construction shall be distributed to all residents within 500 ft. of the property at least five calendar days prior to commencement of construction in such form as determined by the City Engineer. The applicant (owner) shall reimburse the City the full cost of providing such notice prior to receiving approval from the City Engineer to commence work on the project. 20. All requirements of the West Valley Sanitation District, San Jose Water Company, County Environmental Health Division, and the Santa Clara Valley Water District shall be met. 21. The owner (applicant) shall install one (1) fire hydrant that meets the Saratoga Fire District's specifications. Pursuant to the applicable Uniform Fire code. The hydrant shall be located within 500 feet from the residence and deliver no less than 1000 gallons per minute of water for a sustained period of two hours. 22. Future development of Lots 1 through 5 shall require Design Review approval. Building sites shall be consistent with the approved building envelopes and based on current Zoning Ordinance regulations and City policy. The location of any structures on Lots 1 -5 shall maximize tree preservation. 23. Home designs for Lots 1 through 5 shall be limited to single -story not to exceed 22 feet in height from natural grade. 24. Design Review approvals shall only be granted upon finding that the proposed structure is compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. 25. No grading or building pad improvement work shall take place on the individual lots until Design Review applications have been reviewed and approved by the Planning Commission. Complete_and Approved. Security provided. Acknowledged. File No. SD- 98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development identical design of the existing fence of the development to the right known as Kerwin Ranch. 27. Pursuant to the City Arborist's report dated March 13, 1998. all tree preservation requirements shall be met, prior to Final Map approval, including but not limited to: a. A project arborist certified by the Intemational Society of Aboriculture shall be retained by the developer to (1) assist with the planning of all demolition that will occur within 10 feet of the dripline of any tree; (2) to provide on site supervision during demolition for the purpose of prevention or minimizing damage to trees that will be retained and (3) provide written progress reports to the City of these planning and supervision functions as they occur b. The storm drain parallel with the proposed boundary on Lot 2 shall be relocated toward the south (per the City Arborist's note on plan) by a minimum of 10 linear feet or a minimum of 30 feet from the trunk of tree #16. c. the proposed storm drain which parallels the east side boundary line shall be relocated to the west by 20 linear feet in order to preserve trees 5,6.7.8.9.10 and 11. d. No grading or excavation shall occur within 20 feet of the trunk of tree #22. e. Tree #27 shall be pruned to thin the crown and to reduce the end weight. particularly of horizontally inclined branches on the west side. f. Tree protective fencing shall be installed to protect retained trees from branch breakage and root damage. Fencing must be located at a radius of 10 times the trunk diameter. For those trees in which demolition will occur inside this protected area, the protective fence must be installed to provide the maximum protection feasible during demolition and relocated to the full extent immediately following demolition. Thus, it will likely be supervised by the project arborist. The fence must be chainlink, a minimum height of five feet, mounted on steel posts driven two feet into the ground. The fence must be in place prior to the arrival of demolition materials or equipment and must remain in place until the completion of all construction. Grading trenching and excavations shall be avoided within the protected zone (a radius of ten times the trunk diameter) unless approved in writing by this office. h. Tree #1 shall be removed due to its hazardous condition. Two 24" -box native trees shall be planted as replacement for removal of this tree, and can be incorporated into the required landscaping of future home plans. 28. The owner (applicant) shall submit to the City, in a form acceptable to the Planning Director, security in the amount of $14,632.00 (equivalent to 30% of total value of exceptional specimens and 25% of total value of fine specimens) pursuant to the report and recommendation by the City Arborist to guarantee the installation, replacement, maintenance, and/or preservation of trees on the subject site. This security deposit shall be released at the time of construction acceptance upon the City Arborist's finding that all tree protection measures have been adequately followed. 29. Subdivision construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils the public safety. The g. File No. SD -98 -001; 13480 Saratoga Avenue Fitzsimmons/Yamaoka Development City Engineer may grant an exemption upon his/her determination of an emergency. No construction work shall be permitted on legal holidays. 30. The owner (applicant) shall, upon the City's request. defend. indemnify and hold the City and its officers, officials, boards, commissions. employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside. void or annul this approval. or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Sec. 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense. but in such event. the City shall pay its own attorneys fees and costs. 31. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. expire. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 27 day of May, 1998, by the following vote: AYES: NOES: ABSENT: Section 1. Conditions must be completed within twenty-four (24) months or approval will Commissioners None Commissioners Bernald, Kaplan, Murakami, and Chair Pierce Martlage, Patrick Clair, Planning Co P n ATTEST: G1 1 tary, Plattt>tirjg Commission TIME: Wednesday, October 21, 1998 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting MINUTES SARATOGA CITY COUNCIL Closed Session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Name of Case: San Francisco Baykeepers et al. vs. State Water Resources Control Bd., City of Saratoga et al. 7:00 in Administration Conference Room, 13777 Fruitvale Avenue Mayor's Report on Closed Session In Mayor Wolfe's absence, Vice Mayor Shaw reported that no actions were taken in closed session. 7:30 Pledge of Allegiance Led by Ms. Linda Burke, new City of Saratoga employee. 1. ROLL CALL The meeting was called to order at 7:35 p.m. Council members present were: Bogosian, Jacobs, Moran, and Vice Mayor Shaw. Mayor Wolfe was absent. Staff members present were: City Manager Perlin, City Attorney Riback, and Administrative Analyst Jacobs. 2. CEREMONIAL ITEMS A. Introduction of New Employees: Linda Burke, City Manager's Office City Manager Perlin introduced Ms. Burke as the new Secretary in the City Manager's Office. B. Resolution commending Oliver Wright for Service as Interim Finance Director Vice Mayor Shaw read and presented the Resolution of Commendation to Mr. Wright. C. Resolution commending Charlene Low for Service on Finance Commission Vice Mayor Shaw read the Resolution of Commendation commending Ms. Low who was not present. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Perlin reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 16. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Ms. Suzanne Jackson, Mayor of the City of Monte Sereno, spoke on behalf of the Violence Prevention Council (VPC) who will be making its report and recommendations to the Santa Clara County Board of Supervisors on October 27. Ms. Jackson stated that $150,000 allocated for the VPC project has already been budgeted in County funds. She encouraged each Council member to send a personal letter of support to the Board of Supervisors for the VPC action plan. B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS l 1) Letter from City of Angels Camp requesting financial support for legal costs incurred in Fukuda v. City of Angels Camp City Manager Perlin indicated that this issue has ramifications for every city and county in the state of City Council Minutes 2 October 21, 1998 California, and referred this item to City Attorney Riback for an explanation. Mr. Riback explained the gist of the case, noting that in the past the burden has always been on the party challenging a public agency's administrative findings and that this particular case reverses the burden and places it on the public agency. Councilmember Jacobs asked whether it was Mr. Riback's opinion that the City of Angels Camp was justified in defending this lawsuit. Mr. Riback responded that the City of Angels Camp was justified in appealing the trial court's determination that the burden of proof is to be shifted. In response to a question from Councilmember Moran regarding the position of the League of Cities in this issue, Mr. Riback stated that the League and the California Association of Counties has taken the position to support the City of Angels Camp petition for review by the California Supreme Court. He said the California Supreme Court has determined to review this case. He conveyed that the case is seen throughout the state by the cities and counties as a case in which to take a position and to support on behalf of the City of Angels Camp. Vice Mayor Shaw asked whether any funds donated by the City toward this effort would come out of the General Fund. Mr. Perlin responded that would depend on the amount of money the City opted to send, and that funds could come out of the Legal Services budget. Vice Mayor Shaw asked whether any guidelines existed on what would be an appropriate amount to send. Mr. Perlin replied that he had researched and did not find any requests for a specific amount. Councilmember Bogosian conveyed that he supported the City of Angels Camp effort. However, the City of Saratoga's situation was such that its citizens were being asked to pay more for recreation programs and other services, and he would not be willing to offer any money to Angels Camp. He proposed sending a letter of support with consensus of the Council, but not sending any money. Councilmember Moran commented that the City of Saratoga pays thousands of dollars in dues to the League of Cities, and she would feel comfortable with the League addressing this issue. Regarding the City of Saratoga making additional contributions, she would want more information before making such a decision. Councilmember Jacobs proposed sending the City of Angels Camp a letter. Vice Mayor Shaw noted that this issue would be treated as a "Received and Filed" letter for now and the situation would be monitored. Mr. Perlin noted he would check to see what neighboring cities are doing regarding this issue. 5. CONSENT CALENDAR A. Previously- Discussed Items None. B. New Items 1) Planning Commission Actions, 10/14 Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings No new hearings scheduled for November 4. 3) Resolution 98-34 authorizing City to submit an Application for a Grant from Office of Traffic Safety Councilmember Bogosian removed Item 5 -B -3 from the Consent Calendar. City Council Minutes 3 October 21, 1998 Responding to questions from Councilmember Bogosian, Administrative Analyst Irene Jacobs explained the components of the program, its funding, and how it would be implemented, noting that ALTRANS would be implementing the program. Councilmember Bogosian requested that staff find out whether this was related to recent correspondence from the County of Santa Clara soliciting grants for traffic safety programs. He said if the two are not related, there is a fund of approximately $186,000 for which the City could apply. BOGOSIAN /JACOBS MOVED TO APPROVE CONSENT CALENDAR ITEM 5 -B -3. PASSED 4 -0 (WOLFE ABSENT.) 4) Approval of Check Register 5) Award of Construction Contract for Annual Concrete Repair Project 6) Award of Construction Contract for Civic Theater Lighting System 7) Final Map Approval for Tract 9101 located at 13480 Saratoga Ave. (Owner: Fitzsimmons) Councilmember Moran removed Item 5 -B -7 from the agenda at the request of two citizens in the audience who asked to address the Council. Ms. Miriam Frazer, 13519 Ronnie Way, stated her property is Lot 29 adjacent to the Fitzsimmons property. Referring to Item 27 of Resolution No. SD -98 -001, she said that only 10 out of 34 trees are addressed for preservation. She expressed concern that trees be protected during construction and that they be preserved. She referred to 11 trees and shrubs next to her property which provide her and her family with privacy and shade, and she is concerned that those might be removed. She requested a further study and documentation and that a comprehensive tree plan be submitted outlining the intent to preserve identified trees. Ms. Frazer noted she had made this request before the Planning Commission. Ms. Jan Smith, 19328 Ranfre Lane, stated that her property is adjacent to both Lots 3 and 4 of the new subdivision. She concurred with Ms. Frazer's comments, said she had spoken with City Planning staff, and asked that the Tentative Map note or provide assurances that the trees, specifically along the parameters and around her property, would show fencing around them. A discussion ensued, and Mr. Perlin responded to Council members' questions regarding removal of trees. Responding to a question from Councilmember Bogosian, Mr. Perlin said that trees shown on the plan to be removed were covered by the City's Tree Removal Ordinance. Mr. Perlin recommended that the Council refer this matter to staff to research as this could be a potential appeal of a Planning Commission decision, and he wanted to assure a fair process for all concerned. Councilmember Moran noted that the two speakers were asking for more communication, more clarity, a better understanding of the issue, and assurances from the developer. Councilmember Jacobs commented that it was necessary to find out what was done on the Tentative Map regarding the trees. Following discussion, THERE WAS CONSENSUS TO TABLE THIS ISSUE AND REFER IT TO THE PLANNING STAFF FOR CLARITY. 8) Quarterly Report on City's NPDES Activities Letter from Water Quality Control Board MORAN /JACOBS MOVED TO APPROVE CONSENT CALENDAR ITEMS 5 -B -1 THROUGH 5 -B -8, EXCEPT 5 -B -3 AND 5 -B -7. PASSED 4 -0 (WOLFE ABSENT.) C. CLAIMS AGAINST THE CITY None. City Council Minutes 4 October 21, 1998 6. PUBLIC HEARINGS 8:00 p.m. A. Vessing Road Assessment District Protest hearing (continued from September 2) City Manager Perlin explained that this issue should be continued for three to four months. JACOBS/MORAN MOVED TO CONTINUE HEARING TO FEBRUARY 3, 1999. PASSED 4 -0 (WOLFE ABSENT.) 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 7. OLD BUSINESS None. 8. NEW BUSINESS A. Appointment of John Cherbone as Acting Director of Public Works City Manager Perlin presented the staff report. Councilmembers Bogosian and Moran and Vice Mayor Shaw praised Mr. Cherbone for his work. MORANBOGOSIAN MOVED TO APPROVE APPOINTMENT. PASSED 4 -0 (WOLFE ABSENT.) Mr. Cherbone briefly addressed the Council expressing his appreciation. 9. ROUTINE MATTERS A. Approval of Minutes -10/7 JACOBS/MORAN MOVED TO APPROVE MINUTES OF 10/7/98 AS WRITTEN. PASSED 4 -0 (WOLFE ABSENT.) City Attorney Riback left the meeting and did not return. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting City Manager Evaluation Quarterly Program and Project Review Process for Handling Written Communications City Manager Perlin announced that the next Council meeting would be a quarterly review, and the open session would begin with a report from the Chairperson of each commission. He noted that the next Council agenda would also include the process for handling incoming correspondence to assure timely responses. B. Other i. Councilmember Bogosian reported that an issue had been brought to his attention regarding remedial work done by the Federal Emergency Management Agency resulting from the El Nii o rains. He suggested staff prepare a procedure whereby affected residents are notified by written notice of specific scope of work being done in non emergency situations. ii. Councilmember Moran reported she had received calls from residents expressing concern with noise associated with Route 85. She requested that Mr. Perlin discuss this issue when he corresponds with Assemblymember Jim Cunneen regarding funds for Route 85. She proposed that the City write a letter to the Valley Transportation Agency (VTA) maintaining the City's strong support of the projects on the Measures A and B lists, and that a copy of the letter be sent to the West Valley representative on the VTA. Councilmember Moran noted that $9 million had been set aside in Measures A and B for CalTrans to reduce City Council Minutes 5 October 21, 1998 Highway 85 noise, and she wants to make sure that remedial work to alleviate the noise problem is performed. Vice Mayor Shaw clarified that decision makers who can help with the Route 85 noise reduction be contacted and that staff draft a letter from the City Council expressing the Council's continued concern with the Route 85 noise problem. Following discussion, COUNCIL CONSENSUS WAS NOT TO SEND ANY LETTERS NOW AND THAT THE ISSUE BE AGENDIZED FOR THE NEXT COUNCIL MEETING. 11. CITY MANAGER'S REPORT City Manager Perlin reported the following: i. The Santa Clara Valley Water District is sponsoring a series of workshops to help develop flood and stream protection programs for the year 2000. A number of Benefit Assessment Programs will be expiring in 2000 and the District is beginning to develop plans and seek input for types of flood control programs. A meeting for the West Valley area will be held 7 p.m., October 22, at 456 West Olive Street, Sunnyvale. ii. The City of Saratoga is sponsoring three meetings generated from the Playfield Development Task Force for the purpose of hearing ideas and concerns from surrounding neighborhoods. iii. The City Clerk recruitment process has begun and candidates were interviewed this afternoon. iv. The Recreation Department is still taking signups for fall classes and trips. 12. ADJOURNMENT The meeting was adjourned at 8:45 p.m. to the next meeting at 6:00 p.m. on Tuesday, October 27, in the Adult Care Center, 19655 Fruitvale Avenue. Respectfully submitted, Lynda Ramirez Jones Minutes Clerk