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HomeMy WebLinkAbout11-18-1998 CITY COUNCIL packetPublic hearings will start promptly at 8:00 p.m., when the City 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 Civic Theater lobby. AGENDA SARATOGA CITY COUNCIL TIME: Wednesday, November 18, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting Closed Session 6 :45 p.m. in Administration Conference Room, 13777 Fruitvale Avenue, pursuant to Government Code Section 54956.9 for conference with legal counsel existing litigation Name of case: San Francisco Baykeepers et al. v. Saratoga Mayor's Report on Closed Session. 7:30 Pledge of Allegiance 1. ROLL CALL 2. CEREMONIAL ITEMS A. Introduction of New Employee Joan Smith, Administrative Services Department B. Presentation of Certificates for National Bell Ringing Roll of Honor 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 13. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Members of the public are invited to address the City Council for up to 3 minutes on any matter not on this agenda. B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS None. City Council Agenda 2 November 18, 1998 (-14 5. CONSENT CALENDAR These items will be acted upon in one motion for each section unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. However, items in Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which the hearing was closed. Those items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. A. Previously- Discussed Items B. New Items 1) Planning Commission Actions, 11/10- Note and file. 2) Approval of Check Register 3) Memo Authorizing Publicity for Upcoming Hearings Weed Abatement; Citizens' Options for Public Safety (COPS) funding recommendations 4) Hakone Foundation Financial Statements for Fiscal Year ended June 30, 1998 5) Modification to existing 457 Deferred Compensation Plan with NPC Group C. CLAIMS AGAINST THE CITY 1) Claimant: Stevens Recommended Action: Reject claim, refer to San Jose Water Company. 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 November 4) Recommended Action: Consider adoption of Resolution establishing District B. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 7. OLD BUSINESS None. 8. NEW BUSINESS None. 9. ROUTINE MA1°1 (Note: City Attorney will be excused at this point if no longer needed.) A. Approval of Minutes 10/27; 11/4 City Council Agenda 3 November 18, 1998 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the meeting of December 1.) November 3, 1998, Election Results and Reorganization of City Council B. Other 11. CITY MANAGER'S REPORT 12. ADJOURNMENT to next meeting at 7:00 p.m. on Tuesday, December 1, 1998, at Adult Care Center, 19655 Allendale Avenue. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Peter Gonda at 408/868 -1221. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] Dear Bell Ringer: et reerw111 (D 2iq July 1998 Thank you for joining the 1998 Let Freedom Ring National Bell Ringing Ceremony. Many new groups participated in this patriotic event for the first time this year, including The Boy Scouts of America, the Pennsylvania State Legislatu�, and senior citizens from many different communities all across the country. The list keeps growing. Congratulations to you all! In recognition of your efforts to make this year's bell ringing such a tremendous success, we are pleased to enclose your signed National Bell Ringing Roll of Honor Certificate. We hope you will display it proudly as a reminder of this country's Declaration of Independence and the triumph of its democratic system of government. This year the Bell Tappers were Whitney Anne Dorer, age 13 and her brother James May Dorer, age 12, Julia Blake Hill, age 14 and her brother, Andrew Middleton Hill, age 11. The Dorers are direct descendants of Signer Benjamin Franklin of Pennsylvania and the Hills are descended from Arthur Middleton, a Signer from South Carolina. Our official spokesman for this year's national event was Gen. Colin Powell, USA (Ret). We hope you heard Gen. Powell give his recorded radio announcement encouraging participation in Let Freedom Ring. If your bell ringing ceremony received any radio, TV or newspaper cover- age, we would appreciate hearing from you about it. So many of you have already sent us news clippings and pictures showing fun- filled events, solemn ceremonies, and of course, thousands of people ringing bells! Once again, our heartfelt thanks for your support, participation and encouragement to continue this ever expanding celebration. We hope you found Let Freedom Ring to be an inspiring and rewarding experience. We look forward to having you join the National Bell Ringing Ceremony again next year. PENNSYLVANIA SOCIETY OF SONS OF THE REVOLUTION 215 SOUTH 16TH STREET -SUITE 27- PHILADE1,011A P biNs' Iv 01 14 2 PHONE (215) 545 -1888 FAX (215) 545 -1777 In celebration, C grte_ Joseph Charles Byrne Chairman Independence Day Committee Roll Call Pledge of Allegiance Minutes October 28, 1998 Oral Communications CONSENT CALENDAR CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Tuesday, November 10, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Present: Commissioners Kaplan, Murakami, Page, Patrick and Vice Chair Bernald Absent: Commissioner Martlage and Chair Pierce Staff: Director Walgren, Associate Planner Bradley Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 6, 1998. Technical Corrections to Packet DENIAL RESOLUTIONS DR -96 -070 BSA -98 -014 ADOPTED 4 -1 (MURAKAMI ABSTAINED). 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. 1. 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. (CONTINUED FROM 10/28/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS). DENIAL RESOLUTIONS DR -97 -001, BSA -98 -015 V -98 -013 ADOPTED 4 -1 (MURAKAMI ABSTAINED). 2. 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. (CONTINUED FROM 10/28/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS). Planning Commission Action Minutes Page 2 November 10, 1998 PUBLIC HEARINGS 3. DR -98 -041 (503 -58 -031) RUPAREL, 20668 Seaton Ave.; Request for Design Review approval to partially demolish an existing 3,018 sq. ft. single story residence and construct a new 3,538 sq. ft. two story residence at 21 ft. in height, maintaining an existing 1,023 sq. ft. basement. The site is 12,946 sq. ft. and is located in an R -1- 12,500 zoning district. APPROVED 4 -1 (MURAKAMI OPPOSED). 4. DR -98 -039, V -98 -007 UP -98 -013 (397 -24 -011) HOWMILLER, 20247 La Paloma Ave.; Request for Design Review approval to add a 710 sq. ft. second story to an existing 1,800 sq. ft. single -story residence. Use Permit approval is required to allow the re- construction of a detached garage within the required rear yard area. Variance approval is required to allow the setback of the second floor to be 6 ft. on the right side where 20 ft. is required. The existing right side setback is non conforming at 6 ft. where 15 ft. is required for corner lots. The property is 7,500 sq. ft. and is located in an R 10,000 zoning district. APPROVED 5 -0. 5. DR -98 -004, SD -98 -002 UP -98 -003 (503 -25 -014) ZAMBETTI, 14645 Big Basin Way; Request for Design Review approval to construct two new town- houses totaling 2,074 sq. ft. and 3,317 sq. ft. each. Subdivision approval is required to divide the property into three lots (one lot for each of the two units and a third lot for common space). Use Permit approval is required to allow residential development in the CH -2 zoning district without a commercial component of the project. Dedicated public open space is also a requirement of approval. The site is 16,160 square feet. CONTINUED 5 -0 TO 11/24/98 STUDY SESSION FOLLOWING THE REGULAR PUBLIC HEARING AGENDA. DIRECTOR ITEMS COMMISSION ITEMS COMMUNICATIONS Written City Council Minutes dated October 21, 1998 Notices for Planning Commission Meeting of November 24, 1998 ADJOURNMENT AT 9:30 PM TO NEXT MEETING Tuesday, November 24, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA Subtotal PAYROLL CHECKS: B23962- 823982 TOTAL ():UANICE \CERTWY 04-Nov-98 /VP CHECKS: A76486- A76580 VOID CHECKS: A76255, A76268, A76272 1 GENERAL $38,450.20 $982.92 (20.00) 100 COPS -SLESF 110 Traffic Safety 150 Streets Roads 5,082.12 15.11 160 Transit Dev 170 Hillside Repair 180 LLA Districts 521.33 250 Dev Services 1,485.17 (137.86) 260 Environmental 50,340.89 270 Housing &Comm 290 Recreation 12,453.21 268.00 (268.00) 292 Facility Ops 760.00 293 Theater Surcharge 300 State Park 310 Park Devlpmnt 2,365.90 400 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 20,812.89 810 Deferred Comp 830 Payroll Agency 990 SPFA $39,413.12 $0.00 $0.00 $5,097.23 $0.00 $0.00 $521.33 $1,347.31 $50,340.89 $0.00 $12,453.21 $760.00 $0.00 $0.00 $2,365.90 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $20,812.89 $0.00 $0.00 $0.00 $132,271.71 $1,266.03 ($425.86) $0.00 $133,111.88 78,413.61 Prepared by: Date: 4 /9 Approved by: Date: Fund Date Manual Void Fund Name 1106/98 Checks Checks Total Subtotal PAYROLL CHECKS: B23962- 823982 TOTAL ():UANICE \CERTWY 04-Nov-98 /VP CHECKS: A76486- A76580 VOID CHECKS: A76255, A76268, A76272 1 GENERAL $38,450.20 $982.92 (20.00) 100 COPS -SLESF 110 Traffic Safety 150 Streets Roads 5,082.12 15.11 160 Transit Dev 170 Hillside Repair 180 LLA Districts 521.33 250 Dev Services 1,485.17 (137.86) 260 Environmental 50,340.89 270 Housing &Comm 290 Recreation 12,453.21 268.00 (268.00) 292 Facility Ops 760.00 293 Theater Surcharge 300 State Park 310 Park Devlpmnt 2,365.90 400 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 20,812.89 810 Deferred Comp 830 Payroll Agency 990 SPFA $39,413.12 $0.00 $0.00 $5,097.23 $0.00 $0.00 $521.33 $1,347.31 $50,340.89 $0.00 $12,453.21 $760.00 $0.00 $0.00 $2,365.90 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $20,812.89 $0.00 $0.00 $0.00 $132,271.71 $1,266.03 ($425.86) $0.00 $133,111.88 78,413.61 Prepared by: Date: 4 /9 Approved by: Date: PREPARED 11/04/1998, 13:57 :48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000006 A TO Z NURSERY WED2001295 001152 18104 11/02/1998 0001547 009849 009877 009878 0001536 AIR FLIGHT SERVICE 030387 001258 0000014 AIRTOUCH PAGING M7044044199811 001207 18712 M7190065199811A 001187 18270 M7044307199811 001185 M7044307199810 001184 M7190065199811 001186 18270 0001042 A B 0000022 0000005 4681 ACTION TRAILER SALES 001148 001149 001150 ALTRANS 001256 001257 AUCHES, JEANNE 001188 0000040 BANDA, MASANKO 001235 CHECK /DUE DATE 11/02/1998 001- 1035 512.40 -14 TRAILER REPAIRS 11/02/1998 001 1035 512.40 -14 TRAILER REPAIRS 11/02/1998 001 1035 512.40 -14 TRAILER REPAIRS 11/03/1998 310 9010 622.40 -10 3 MYLARS 24X36 FOR PARK 11/02/1998 11/02/1998 11/02/1998 11/02/1998 11/02/1998 AMERICAN FLEETCARE 3956 001175 18105 11/02/1998 0000034 AUTOMATIC RAIN 7033033 -00 001174 18102 11/02/1998 ACCOUNT NO EXPENDITURE APPROVAL LIST PAGE 1 AS OF: 11/06/1998 ITEM DESCRIPTION 001- 3030 532.30 -01 REPLACEMENT PLANTS 001 1060 513.40 -30 001- 3030 532.40 -30 250- 4010 542.30 -01 250- 4015 542.30 -01 260 5015 552.40 -20 11/03/1998 260 -5005- 431.03 -00 1ST QTR 1998 11/03/1998 260 -5005- 431.03 -00 2ND QTR 1998 11/02/1998 290 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL VENDOR TOTAL PAGERS MTC /JANITORIAL 3 MO RENTAL (3) PAGERS 3 PAGERS -BLDG INSP. 11/98 3 PAGERS -BLDG INSP. 10/98 3 MO RENTAL (3) PAGERS VENDOR TOTAL VENDOR TOTAL 001 1035 512.40 -15 QTRLY OIL AND FILTER CHG VENDOR TOTAL VENDOR TOTAL 001 3030 532.30 -01 LANDSCAPE MATERIALS VENDOR TOTAL 10/26/1998 290 6005 564.40 -10 REPLACE CK #76255 VENDOR TOTAL EXPENDITURE AMOUNT 61.00 61.00 113.85 598.15 312.28 1,024.28 1,217.81 1,217.81 16.17 24.25 25.30 69.55 48.26 183.53 29,129.72 21,102.28 50,232.00 469.68 469.68 29.00 29.00 232.79 232.79 CHECK 76486 .00 HAND- ISSUED 268.00 268.00 PREPARED 11/04/1998, 13:57:48 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 11/06/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000040 BANDA, MASANKO 0000005 BEVERLY, ANN 1060 001202 11/02/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND 50.00 0000052 BOGOSIAN, STAN 11/98 001157 11/02/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -NOV '98 250.00 0000054 BOISE CASCADE 065496 001164 18568 11/02/1998 001 1050 513.30 -01 OFFICE SUPPLIES -STOCK 149327 001165 18568 11/02/1998 001 1050 513.30 -01 OFFICE SUPPLIES -CM OFF. 216503 001209 18568 11/02/1998 001 1050 513.30 -01 1999 CALENDARS ALL DEPTS. VENDOR TOTAL 50.00 VENDOR TOTAL 250.00 757.75 87.88 345.33 VENDOR TOTAL 1,190.96 0001554 BOLLER, MR MRS BILL 40498 001271 11/04/1998 800- 0000- 260.10 -00 REFUND. TREE BOND DEP. 3,165.00 40498 -A 001272 11/04/1998 800- 0000 260.10 -00 ARBORIST DEPOSIT BALANCE 547.11 VENDOR TOTAL 2,617.89 0000005 CAMPBELL, SHARYN 43568 001203 11/02/1998 292 -0000- 260.00 -00 RENTAL DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0000085 CITY OF SARATOGA /PETTY CASH 001232 10/28/1998 001 1005 511.40 -04 REPLENISH PETTY CASH CHECK 76488 001233 10/28/1998 001 1020 511.40 -04 REPLENISH PETTY CASH CHECK 76488 001231 10/28/1998 001 1050-513.40 -21 REPLENISH PETTY CASH CHECK 76488 001234 10/28/1998 150- 3005 532.30 -01 REPLENISH PETTY CASH CHECK 76488 VENDOR TOTAL .00 0000091 COMMONWEALTH CREDIT UNION 001246 11/03/1998 001 0000 210.20 -01 PAYROLL FOR 11/5/98 3,437.00 VENDOR TOTAL 3,437.00 0000790 CROWLEY, JUDI 001177 11/02/1998 250- 4010 542.30 -01 TO REPLACE CK #76272 137.86 VENDOR TOTAL 137.86 0000005 DAVIS, ALISON 4398 001189 11/02/1998 290- 6005- 445.04 -00 CLASS REFUND 31.00 79.04 41.95 6.32 15.11 142.42 PREPARED 11/04/1998, 13:57:48 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 0000005 DAVIS, ALISON 0000005 43582 0000138 69810 DELECTABLES, INC 001204 ECONOMY LUMBER 001183 0000005 EDDIE, DON 3708 -09 001190 0000005 EDDIE, DON 3708 -09 001191 0000978 FRED PRYOR SEMINARS EXPENDITURE APPROVAL LIST AS OF: 11/06/1998 11/02/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND VENDOR TOTAL 11/02/1998 150- 3015 532.30 -01 STREET /TRAFFIC MATERIALS VENDOR TOTAL 11/02/1998 290 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 11/02/1998 290- 6005- 445.03 -00 CLASS REFUND VENDOR TOTAL 31.00 VENDOR TOTAL 0000155 FITZPATRICK BARRICADE 5012 001155 18109 11/02/1998 150- 3015 532.30 -01 TRAFFIC CONTROL SUPPLIES VENDOR TOTAL 0000156 FORBES, RYAN 24 001223 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 300.00 300.00 43.95 43.95 158.00 158.00 138 .00 138.00 0000144 ELECTRICAL DISTRIBUTORS 928923 001171 11/02/1998 180 3040 532.40 -14 POST LANTERN 71.33 VENDOR TOTAL 71.33 0000146 ENGINEERING DATA SERVICE I980907 001238 11/03/1998 001- 3035 532.40 -13 PUBLIC MTG NOTICES 131.58 VENDOR TOTAL 131.58 0001002 FEDEX 4- 686 -24568 001214 11/02/1998 001 1040 513.40 -21 ACC# 1353 1981 -3 FEES 13.75 VENDOR TOTAL 13.75 373.46 373.46 175.00 175.00 PAGE 3 PREPARED 11/04/1998, 13:57:48 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 11/06/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000978 FRED PRYOR SEMINARS 001239 11/03/1998 001 1045 513.40 -01 SEMINAR 12/3/98 89.00 VENDOR TOTAL 89.00 0000162 G. N. RENN, INC. 421048 001173 18099 11/02/1998 001- 1035 512.30 -20 GASOLINE RELATED ITEMS 708.88 VENDOR TOTAL 708.88 0000853 GILMORE ENVELOPE CORPORATION 303221 001213 18573 11/02/1998 001 1050 513.30 -01 CITY ENVELOPES RE -ORDER 694.75 VENDOR TOTAL 694.75 0000005 GLIEVER, LISA 4462 001192 11/02/1998 290 6005- 445.04 -00 CLASS REFUND 24..00 VENDOR TOTAL 24.00 0001555 GOVERNMENT FINANCE OFFICERS ASSOC. 001269 11/03/1998 001 1040 513.40 -10 GFOA AWARD PROC. FEE CHECK 9: 76490 VENDOR TOTAL .00 0000179 GTE WIRELESS CUSTOMER CARE 482 -8631 001151 18743 11/02/1998 260 5015 552.40 -20 CELL PHONE -PW DIRECTOR 60.63 VENDOR TOTAL 60.63 0000183 HAKONE GARDEN FOUNDATION 60 001224 11/02/1998 290 6005 564.40 -10 INSTRUCTOR FEES 331.50 VENDOR TOTAL 331.50 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS 16033 001262 18744 11/03/1998 001 3030 532.40 -14 IRRIGATION REPAIRS 209.02 VENDOR TOTAL 209.02 0000201 ICMA RETIREMENT TRUST 001247 11/03/1998 001 0000- 210.20 -01 PAYROLL FOR 11/5/98 4,097.06 VENDOR TOTAL 4,097.06 0000544 JACOBS, IRENE 001255 11/03/1998 001 1045 513.40 -01 REIMBURSE CONFERENCE EXP 658.56 0000208 JACOBS, PAUL VENDOR TOTAL 658.56 225.00 225.00 PREPARED 11/04/1998, 13:57:48 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 5 AS OF: 11/06/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000208 JACOBS, PAUL 11/98 001158 11/02/1998 001 1005 511.20 -01 EXPENSE ALL0WANCE -N0V .98 250.00 VENDOR TOTAL 250.00 0001264 JEFFERS, JAMES A. 10/98 001267 18760 11/03/1998 150- 3005 532.40 -16 PUBLIC WORKS INSPECTIONS 2,610.00 001147 11/02/1998 250 4010 542.40 -10 TREE INSPECTIONS 200.00 10/98 001266 18760 11/03/1998 250- 4020 542.40 -16 PUBLIC WORKS INSPECTIONS 90.00 VENDOR TOTAL 2,900.00 0000218 JONES, LYNDA R. 10/26/98 001146 11/02/1998 001 1005 511.40 -10 CITY COUNCIL MINUTES 200.00 VENDOR TOTAL 200.00 0001391 KOVACH, SONIA M. 10/17 10/30 001251 11/03/1998 001 1040 513.40 -10 13.75 HRS PAYROLL SUPPORT 412.50 VENDOR TOTAL 412.50 0001276 LEAGUE OF CALIFORNIA CITIES 001229 10/27/1998 001 1045 513.40 -02 PURCHASE OF AIRLINE TICK. CHECK 76487 VENDOR TOTAL .00 0000245 LEWIS, HOWARD 10/98 001264 18759 11/03/1998 001 3035 532.40 -16 PUBLIC WORKS INSPECTIONS 217.50 10/98 001265 18759 11/03/1998 150- 3005 532.40 -16 PUBLIC WORKS INSPECTIONS 1,380.00 10/98 001263 18759 11/03/1998 250- 4020 542.40 -16 PUBLIC WORKS INSPECTIONS 495.00 VENDOR TOTAL 2,092.50 0000252 L00, FRED 16 001226 11/02/1998 290 6005 564.40 -10 INSTRUCTOR FEES 19.50 VENDOR TOTAL 19.50 0000957 MAGUIRE, BARBARA 2 001227 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 480.00 VENDOR TOTAL 480.00 0000005 MC ENTEE, JULIE 5366 001193 11/02/1998 290 6005- 445.04 -00 CLASS REFUND 10.00 0000273 MEYER, GREG VENDOR TOTAL 10.00 360.00 360.00 11 PREPARED 11/04/1998, 13:57:48 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 11/06/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000273 MEYER, GREG 4 001220 11/02/1998 290 6005 564.40 -10 INSTRUCTOR FEES 96.00 VENDOR TOTAL 96.00 0000280 MOORE BUICK 125762 001170 11/02/1998 001- 1035 512.40 -15 GMC SONOMA MAINTENANCE 99.63 VENDOR TOTAL 99.63 0000282 MORAN, GILLIAN 11/98 001159 11/02/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -NOV '98 250.00 0000292 NATIONAL PLAN COORDINATOR 001244 11/03/1998 001 0000 210.20 -01 PAYROLL FOR 11/5/98 2,320.11 0000693 NEOPOST L541104204 001178 0000005 NOON, ELLEN 0000294 NORMAN PAUL PRINT CENTER 982093 001163 18570 11/02/1998 982219 001208 18570 11/02/1998 11/02/1998 001 1035 512.30 -01 POSTAGE MACHINE RENT VENDOR TOTAL 0001539 NESCO SERVICE COMPANY 255911 001259 11/03/1998 001 1060 513.40 -10 CUSTODIAL SERVICES 293.75 4841 001194 11/02/1998 290 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL 001 1050 513.40 -41 BUSINESS CARDS PRINTED 001 1050 513.40 -41 REPRINT MIS BUS. CARDS VENDOR TOTAL 250.00 VENDOR TOTAL 2,320.11 VENDOR TOTAL 1,117.14 1,117.14 VENDOR TOTAL 293.75 29.00 29.00 143.77 89.49 233.26 0000297 0. C. MCDONALD 7360 001210 18696 11/02/1998 001 1060 513.40 -15 EMERGENCY REPLACEMENT 3,158.60 VENDOR TOTAL 3,158.60 0000005 OLSON, MARIA 5182 001195 11/02/1998 290 6005- 445.04 -00 CLASS REFUND 44.00 VENDOR TOTAL 44.00 PREPARED 11/04/1998, 13:57:48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0000005 OLSON, MARIA 0000306 PACIFIC BELL 868 -9099 001166 868 -9497 001167 867 -8550 001168 741 -2271 001200 741 -1527 001201 0000320 PISANI, JOAN 001230 0001548 REKHI, KULVINDER 2078 001144 CHECK /DUE DATE 11/02/1998 11/02/1998 11/02/1998 11/02/1998 11/02/1998 0000607 PCI CLEAN FUELS INC 1115 001169 18748 11/02/1998 0000933 PENINSULA BUILDING MATERIALS 111864 001182 11/02/1998 0000333 R.V. CLOUD COMPANY 19759 001172 18749 11/02/1998 0000334 REED GRAHAM, INC. 380673 001179 18101 11/02/1998 381420 001180 18101 11/02/1998 382858 001181 18101 11/02/1998 ACCOUNT NO 001 1050 513.40 -20 001- 1050 513.40 -20 001 2005 521.40 -20 001 2005 521.40 -20 001 2005 521.40 -20 EXPENDITURE APPROVAL LIST PAGE 7 AS OF: 11/06/1998 ITEM DESCRIPTION DID LINES SR CENTER ALARMS EMERGENCY RESPONSE LINE XEROX MACHINE EMPL. EMERGENCY NUMBER VENDOR TOTAL 001 1035 512.30 -20 CNG FUEL 9/11 -9/25 150- 3005 532.30 -01 SHOVELS VENDOR TOTAL VENDOR TOTAL 10/29/1998 001 1060 513.30 -02 REIMBURSE FOR VACUUM VENDOR TOTAL 0000593 PUB EMP RETIREMENT SYSTEM 001248 11/03/1998 001 0000 210.20 -01 PAYROLL FOR 11/5/98 VENDOR TOTAL 0000330 PUBLIC EMPL RETIRE FUND 001250 11/03/1998 001- 0000 210.20 -01 PAYROLL FOR 11/5/98 VENDOR TOTAL 001 3030 532.30 -01 IRRIGATION SUPPLIES VENDOR TOTAL 150- 3005 532.30 -01 STREET REPAIR PRODUCTS 150- 3005 532.30 -01 STREET REPAIR PRODUCTS 150- 3005 532.30 -01 STREET REPAIR PRODUCTS VENDOR TOTAL 11/02/1998 292- 0000 260.00 -00 RENTAL DEPOSIT REFUND EXPENDITURE AMOUNT 1,016.24 35.21 106.96 15.43 16.51 1,190.35 754.33 754.33 163.51 163.51 CHECK 8: 76489 .00 22.16 22.16 6,279.01 6,279.01 118.74 118.74 50.47 152.17 48.06 250.70 300.00 HAND- ISSUED 270.61 270.61 a PREPARED 11/04/1998, 13:57:48 PROGRAM: GM339L CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. NO NO NO 0001548 2078R 0000005 4384 0000005 41939 0000005 67097 0000344 6583792 6584756 6576581 6576312 6583850 6584722 6576536 6591948 0000589 42 0000356 1363 0001300 79843 0001535 96 REKHI, KULVINDER 001145 RIES, KATHY 001196 ROGERS, ROBERT DEBBRA 001206 11/02/1998 RPR ARCHITECTS 001205 SAN JOSE BLUE PRINT 001242 001243 001254 001252 001240 001241 001253 001215 SARATOGA LANES 001228 SARATOGA TREE SERVICE 001153 18750 11/02/1998 SCA HYGIENE PAPER INC 001154 18751 11/02/1998 SHADDOX, ERIN 001217 CHECK /DUE DATE 11/03/1998 11/03/1998 11/03/1998 11/03/1998 11/03/1998 11/03/1998 11/03/1998 11/02/1998 ACCOUNT NO 001 1060 513.40 -10 001 1060 513.40 -10 001 1060 513.40 -10 001 3035 532.40 -41 150- 3010 532.40 -14 150- 3010 532.40 -14 150- 3010 532.40 -14 250- 4010 542.40 -41 EXPENDITURE APPROVAL LIST PAGE 8 AS OF: 11/06/1998 ITEM DESCRIPTION 11/02/1998 292- 6020 462.03 -01 RETAIN RENTAL DEPOSIT 11/02/1998 290- 6005- 445.04 -00 CLASS REFUND VENDOR TOTAL VENDOR TOTAL 800- 0000 260.10 -00 REFUND SECURITY DEPOSIT VENDOR TOTAL 11/02/1998 250- 4015- 422.01 -00 REFUND FOR PLAN CK FEE VENDOR TOTAL SARATOGA CIVIC THEATER SARATOGA CIVIC THEATER SARATOGA CIVIC THEATER BRUCE SUBDIVISION ANNUAL CONCRETE REPAIR ANNUAL CONCRETE REPAIR ANNUAL CONCRETE REPAIR ZONING MAP VENDOR TOTAL 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 001 3030 532.40 -15 GRIND 3 STUMPS VENDOR TOTAL 001 3030 532.30 -01 PAPER PRODUCTS /PARKS VENDOR TOTAL 11/02/1998 290 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL EXPENDITURE AMOUNT 190.00- 110.00 29.00 29.00 3,075.00 3,075.00 79.95 79.95 65.17 116.80 169.68 13.10 43.73 63.11 107.65 37.51 616.75 82.80 82.80 235.00 235.00 155.95 155.95 432.00 432.00 HAND ISSUED PREPARED 11/04/1998, 13:57:48 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST PAGE 9 AS OF: 11/06/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001535 SHADDOX, ERIN 0000365 SHAW, JAMES 11/98 001160 11/02/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -N0V '98 VENDOR TOTAL 0000370 SKATEWORLD 43 001222 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES VENDOR TOTAL 0000005 SMITH, MARK 5146 001197 11/02/1998 290- 6005- 445.01 -00 CLASS REFUND VENDOR TOTAL 0001458 SPRINT 363236520 001156 11/02/1998 001 1050 513.40 -20 LONG DISTANCE PHONE SVC VENDOR TOTAL 0000382 STATE OF CALIFORNIA 001245 11/03/1998 001 0000 210.20 -01 PAYROLL FOR 11/5/98 0000396 THOMAS' CLEANING SERVICE 1904 001237 18765 11/03/1998 180 3040 532.40 -15 LDSCP MTC (7/8/9/98) VENDOR TOTAL 0000398 TLC 0000404 TORREZ, IRMA 073 001216 VENDOR TOTAL 001249 11/03/1998 001- 0000 210.20 -01 PAYROLL FOR 11/5/98 VENDOR TOTAL 11/02/1998 250- 4010 542.40 -10 MINUTES FOR 10/14 PLANN. VENDOR TOTAL 250.00 250.00 216.80 216.80 100.00 100.00 206.41 206.41 2,922.68 2,922.68 0001072 THE DRAWING BOARD 9576883 001176 18574 11/02/1998 001 1050 513.30 -01 CITY ENVELOPE LABELS 156.42 VENDOR TOTAL 156.42 450.00 450.00 208.33 208.33 350.00 350.00 0000408 TREVISAN, CHRISTOPHER 74 001219 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 4,780.00 VENDOR TOTAL 4,780.00 PREPARED 11/04/1998, 13:57:48 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 11/06/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000408 TREVISAN, CHRISTOPHER 0001553 TRUGREEN CHEMLAWN 230404 001141 230405 001142 230408 001143 0000499 TSUJI, MINAKO 47 001225 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 680.00 VENDOR TOTAL 680.00 0000005 VIDOVICH -K PARTNERS 32763 001270 11/04/1998 800- 0000 260.10 -00 REFUND OF BLDG DEPOSIT 15,120.00 VENDOR TOTAL 15,120.00 0000005 WALKER, CYNTHIA 4492 001198 11/02/1998 290- 6005- 445.04 -00 CLASS REFUND 29.00 VENDOR TOTAL 29.00 0000715 WEST STAR DISTRIBUTING, INC 235730 -00 001211 11/02/1998 001 1035-512.40 -14 CASTOR FORK 51.94 235948 -00 001212 11/02/1998 001 1035 512.40 -14 CASTOR FORK WHEEL /SPANNER 176.17 VENDOR TOTAL 228.11 0001538 WESTFALL ENGINEERS, INC. 10999 001268 18727 11/03/1998 310- 9010 622.40 -10 ENGINEER SERVICES 1,148.09 VENDOR TOTAL 1,148.09 0000432 WHITLINGER, TENNIS 14 001221 11/02/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 690.00 VENDOR TOTAL 690.00 0000433 WILKINS, LARRY 50 001218 11/02/1998 290 6005 564.40 -10 INSTRUCTOR FEES 3,804.61 VENDOR TOTAL 3,804.61 0000438 WOLFE, DONALD 11/98 001161 11/02/1998 001 1005 511.20 -01 EXPENSE ALLOWANCE -NOV '98 250.00 0000440 XEROX CORPORATION 11/02/1998 11/02/1998 11/02/1998 001 3030 532.40 -1S WEED CONTROL IN PARKS 001 3030 532.40 -15 WEED CONTROL IN PARKS 001 3030 532.40 -15 WEED CONTROL IN PARKS 473.00 498.00 76.00 VENDOR TOTAL 1,047.00 VENDOR TOTAL 250.00 PREPARED 11/04/1998, 13:57:48 PROGRAM: GM339L CITY OF SARATOGA EXPENDITURE APPROVAL LIST AS OF: 11/06/1998 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000440 XEROX CORPORATION 065076688 001162 18571 11/02/1998 001 1055 513.40 -30 MONTHLY LEASE 5100A 1,927.50 166841104 001236 18737 11/03/1998 001 1055 513.40 -30 COPIER CARTRIDGE -REC. 226.24 VENDOR TOTAL 2,153.74 0000005 YOUNG, JULIE 5059 001199 11/02/1998 290- 6005- 445.04 -00 CLASS REFUND 44.00 VENDOR TOTAL 44.00 0000443 ZEE MEDICAL SERVICE 66251070A 001261 18765 11/03/1998 001 3030 532.30 -01 FIRST AID SUPPLIES 46.00 66251070 001260 18765 11/03/1998 150- 3005 532.30 -01 FIRST AID SUPPLIES 46.01 VENDOR TOTAL 92.01 TOTAL EXPENDITURES 132,271.71 GRAND TOTAL PAGE S1� 1,266.03 133,537.74 PREPARED 11/03/98, 11:17:16 PROGRAM GM344L CITY OF SARATOGA ACCOUNTS PAYABLE CHECK REGISTER PAGE 1 ACCOUNTING PERIOD 05/1999 REPORT NUMBER 12 CHECK VENDOR VENDOR VOUCHER P.O. DATE VOUCHER REMITTANCE CHECK NO NO NAME NO NO AMOUNT AMOUNT TOTAL 76255* 40 BANDA, MASANKO 000905 10/09/1998 268.00- 268.00- VOIDED 76268* 5 COFFEE STOP 000903 10/09/1998 20.00- 20.00- VOIDED 76272* 790 CROWLEY, JUDI 000826 10/09/1998 137.86- 137.86- VOIDED TOTAL CHECKS 425.86- Printed on recycled paper. November 10, 1998 Grace E. Cory 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200 COUNCIL MEMBERS: Stan Boaosian Paul E Jacobs Gillian Moran Jim Shaw Donald L. Wolfe To: City Council From: City Clerk Subject: Publicity for Upcoming Hearings Weed Abatement; COPS Funding Hearings have been scheduled on the above items for Wednesday, December 2. Staff requests direction as to any publicity in addition to that legally required which the Council wishes to have prepared. In accordance with Council policy, most ordinances will be introduced at noticed public hearings, including ordinances for which State law does not require a public hearing. Notices of appeals are published in the Saratoga News and mailed to all property owners within 500 feet of the site. 1. Weed Abatement Hearing This is the second step in the weed abatement process for this season. The County has sent the owners of the parcels requiring weed abatement notices informing them that the weeds must be abated. The notice also informed them that they may present objections at the public hearing. Staff believes that only those affected would be interested in this process and recommends no further notice. 2. COPS Funding Procedures for this program require the Sheriff to recommend proposed uses for the Citizens Option for Public Safety (COPS) Funding Program. The Sheriff and staff have agreed that the best use for the amount of funds available would be to fund the code technician position to enhance current code enforcement and law enforcement efforts. The Public Safety Commission is interested in the use of these funds and will be specifically informed of the hearing. No further notice is recommended. EXECUTIVE SUMMARY NO. MEETING DATE: November 18, 1998 CITY MANAGER: ORIGINATING DEPT: Administrative Services DEPT. HEAD: SUBJECT: Hakone Foundation Financial Statements for Fiscal Year Ended June 30, 1998 RECOMMENDED MOTION(S): Accept the Hakone Foundation Financial Statements for Fiscal Year Ended June 30, 1998. REPORT SUMMARY: The fifth amendment to the Hakone Foundation Trust Agreement dated December 19, 1984, requires the Foundation to prepare a compilation report of its operations and financial position within 120 days of the close of the fiscal year. Upon the City's receipt of the report, the Agreement calls for the report to be reviewed and acted upon by the City Council. The City received the financial statements on September 30. The City's Administrative Services Director has reviewed the financial statements, and has determined that they have been prepared in accordance with applicable standards. Although the books and records of the Hakone Foundation have not been audited, they were reviewed by a CPA, and the financial statements were prepared by the CPA. Below is a summary of activities for the year. Revenues Expenses Excess of Revenues over Expenses Fund Balance as of June 30, 1998 $100,941 FISCAL IMPACTS: None. SARATOGA CITY COUNCIL Operating Fund $208,928 (208,609) $319 AGENDA ITEM Trust Property Fund Equipment $19,535 $33,876 (4,146) (44,517) $15,389 $(10,641) $38,318 $717,163 $856,422 5BLI Total $262,339 (257,272) $5,067 ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda serves as notice to the general public. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): None. FOLLOW UP ACTIONS: None. ATTACHMENTS: Hakone Foundation Financial Statements for Fiscal Year Ended June 30, 1998 Hokone 2 HAKONE FOUNDATION FINANCIAL STATEMENTS Year Ended June 30, 1998 ij CFTY 0 A '4 To the Board of Trustees Hakone Foundation Saratoga, California I have compiled the accompanying statement of assets, liabilities, and equity -cash basis of Hakone Foundation as of June 30, 1998, and the related statement of revenues, expenses and changes in fund balances -cash basis for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The financial statements have been prepared on the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the representation of management. I have not audited or reviewed the accompanying financial statements and accordingly, do not express an opinion or any other form of assurance on them. September 29, 1998 LYDIA RIDGWAY Certified Public Accountant HAICONE FOUNDATION Statement ofAsseb, Liabilities, and Equity -Cash Basis (Ni) June 30, 1998 Property Assets: Operating Trust gauipment Total Cash 597,410 538,318 5 135,728 Deposit Rental 31,555 31,555 Gift Shop Inventory 3,531 3,531 Property Equipment after depreciation 5960,948 960,948 1 Total assets liabilities. Fund Balances: Loan balance City of Saratoga 5243,785 5243,785 Rental deposit reserve 531,555 31,555 Total liabilities 531,555 0 5243,785 $275,340 Fund Balances: Operating Trust Property Equipment Total fund balances Total liabilities and fund balances 5132.496 538.318 5960.948 51.131.762 5100,941 1 538,318 5100,941 538,318 $100,941 38,318 5717,163 717,163 $717,163 5856,422 5132.496 $38.318 $960.948 11,131.762 HAKONE FOUNDATION Statement of Revenues, Expenses and Changes in Fund Balances -Cash Basis (NI) June 311, 1998 Property Operating Trust eauiament Total REVENUES: City's Loan /Int. Credit (N2) Classes Donations Parking, Docent, Referal Fees Fund Raising Gift Shop Interest Membership Rental Transfer from Operating (N3) Transfer from Trust (N3) Total Revenues $208.928 EXPENSES: Advertising 3,579 Bank Charges 1,087 Business License 140 Contract Services 9,930 Employee Expenses 137,077 Hospitality 958 Cost of goods sold Gift Shop 14,001 Sales Tax 3,378 Postage Delivery 459 Printing Copying 3,002 Professional Fee 650 Repair Maintenance 1,735 Supplies 9,112 Training 200 Utilities 9,152 Depreciation (N4) Miscellaneous 234 Transfer to Trust (N3) 13,915 Transfer to Operating (N3) Adjustment for fund changes Total Expenses Revenues over Expenses $17,050 11,161 9,316 4,758 50,097 432 30,312 6,995 862 10,893 68,546 13,915 4,126 $208,609 319 Changes in fund balance: Operating to Trust Balance, beginning of year 103,533 Balance, end of year (2,911) 2 $33,876 $50,926 11,161 14,074 50,097 432 30,312 7,857 10,893 68,546 13,915 4,126 $19,535 $33,876 $262,339 20 4,126 $41,606 2,911 4,146 $44,517 $257,272 $15,389 ($10,641) 5,067 2,911 3,579 1,107 140 9,930 137,077 958 14,001 3,378 459 3,002 650 1,735 9,112 200 9,152 41,606 234 13,915 4,126 2,911 22,929 724,893 851,355 $100,941 $38,318 $717,163 $856,422 HA KONE FOUNDAT I ON NOTES TO FINANCIAL STATEMENTS June 30, 1998 Ni. Sianificant Account policies Fund Accounting To ensure observance of limitations and restrictions placed on the use of resources available to the Foundation, the accounts are maintained in accordance with the principles of fund accounting. Fund accounting classifies resources for accounting and reporting purposes into funds established according to their nature and purpose. The assets, liabilities and fund balances of the Foundation are reported in three self balancing groups as follows: 1) Operating Fund consists of all monies derived from the bu§iness operations of the Foundation. 2) Trust Fund consists of all donated funds received by the Foundation. 3) Property and Equipment Fund consists of capital ex for land, buildings and equipment, net of the accumulated depreciation. Expendable Restricted Resources Funds restricted by the donor, grantor or other outside party for particular operating purposes or for property and equipment acquisitions are reported as revenue when contributed. Property and Equipment and Depreciation Uses of Operating Fund and /or Trust Fund for property and equipment acquisitions are accounted for as transfers to Property and Equipment Fund. Proceeds from the sale of property and equipment, if unrest- ricted, are transferred to operating balances, or if restricted, to trust balance for property and equipment acquisitions. Cost of maintenance and repairs which do not improve or extend the lives of the respective assets and minor additions are expended currently. Depreciation for financial reporting purposes is computed on the straight -line method over the estimated useful lives of the assets. Real estate improvements and stocks contributed to the Foundation are recorded at quoted market value as of the date of the contribution. 3 N2. Citv's Loan /Interest Credit Under the Management and Operations Agreement by and between the City of Saratoga and the Hakone Foundation, dated July 1, 1997, the Foundation has assumed the responsibility for management of the Gardens The City, in turn, amortizes the principal and interest on loans outstanding to the City. This year's amorti- zation, reported as City's Loan /Interest Credit, is $50,926 consisting of: Principal $33,876 Interest 17,050 N3. Trust Fund Balance and Transfers 1) Beginning balance (July 1, 1997): $22,929 2) Revenue: Prior year funds from Operating $13,915 Opera fund ($10,000) Member donations 3,715) Kondo lecture 200) Current year donations 4,758 Entrance Sign from Rotary ($2,250) Eleven other donations 2,508) Interest 862 19.535 $42,464 3) Expenses: Reimburse Operating for expenses 675 paid in 1996 -97 Reimburse Operating for expenses 3,451 paid in the current year Garden electrical work ($1,999) Copy machine 1,055) Other projects 397) Bank charges 20 4,146 4) Ending balance (June 30, 1998): $38,318 5) Ending balance of $38,318 consists of: Restricted fund Unrestricted fund 4 $29,522 8,796 N4. Schedule of Depreciation Property and equipment purchased are recorded at cost. Depreciation is computed by the straight -line method over the estimated useful lives of the assets. Cost Annual Accum. basis depre. depre. Bamboo Garden 155,200 4,927 51,119 Cultural Cter 1,058,254 33,923 235,674 Storage 11,408 570 2,185 Office 6,144 614 1,944 Gift Shop 16,606 681 4,810 Tables 236 48 152 Pond Filters 6,190 619 1,238 Perform. Stage 4,480 224 448 Total $1,258,518 41,606 297,570 1998 1997 5 Net book Accum. Net book value depre. value. 104,081 46,192 109,008 822,580 201,751 856,503 9,223 1,615 9,793 4,200 1,330 4,814 11,796 4,129 12,477 84 104 132 4,952 619 5,571 4,032 224 4,256 960,948 255,964 1,002,554 EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: November 18, 1998 CITY MANAGER: ORIGINATING DEPT: Administrative Services DEPT. HEAD: c-L G(lta w RECOMMENDED MOTION(S): REPORT SUMMARY: SARATOGA CITY COUNCIL SUBJECT: Modifications to Existing 457 Deferred Compensation Plan with NPC Group Adopt Resolution amending the City's existing Deferred Compensation Plan with NPC Group in the form of the Plan and Trust, and appoint the City as Trustee. The City has two different 457 Deferred Compensation Plans; one with ICMA Retirement Corporation, and one with the NPC Group. A 457 Deferred Compensation Plan is a retirement savings vehicle into which employees can contribute a portion of their salary on a pre -tax basis. A few changes are required to the Plans as a result of new legislation signed by President Clinton in August 1996. The ICMA Deferred Compensation Plan was amended by the City Council on March 5, 1997. The second Plan with NPC Group must now be amended to be in compliance with the new federal regulations. The new legislation requires that employers with existing 457 Deferred Compensation Plans to establish a Trust to ensure the assets in the Plan are protected from the claims of City creditors and used exclusively for the benefit of Plan participants (employees and/or beneficiaries). For existing plans, a Trust must be established by January 1, 1999. The establishment of a Trust will have little or no effect on the operations of the existing 457 Plan. The existence of the Trust does little to change the Plan's structure except to add a layer of protection for the money set aside by employees against the claims of creditors. Since the modification to the 457 Plan will create a Trust, it is required that a Plan Trustee be named. The employer (the City) is typically named Trustee in the 457 Plan. The role of the Trustee in the 457 Plan is to hold record title to Trust assets and to commit deposits and payments from individual accounts. Since the City has already been assuming the responsibilities of acting prudently and treating the assets "for the exclusive benefit of the participants and their beneficiaries the establishment of a Trust to protect the 457 Plan assets will not create any additional responsibility for the City. SB S Other changes affecting deferred compensation Plans caused by the new legislation are as follows: 1. The $8,000 deferral limit will be adjusted periodically by the Secretary of the Treasury. The amount will be indexed to the CPI and will be adjusted when the accumulated cost of living increase amounts to more than $500. Therefore, the next increase will be to $8,500, then $9,000, etc. 2. In the past, the election regarding when distribution payments would begin was irrevocable. Participants are now allowed a one time change. 3. The City may now require former employees with less than $5,000 in their individual accounts to close their accounts, to reduce the administrative costs of managing the Plan. 4. The new 457 Plan and Trust provides the option of allowing loans from the 457 Plan to employees. However, the U.S. Treasury Department has yet to issue guidelines for 457 loans. It is recommended that a loan provision not be implemented until the Treasury Department has issued guidelines for the issuance of such loans and those guidelines are considered by the City and the Plan Administrator. The attached Resolution, if adopted, will amend the Deferred Compensation Plan with NPC Group to establish the required Trust between the City and NPC Group, and designate the City as Trustee on behalf of its employees who participate in the Plan. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City is required to amend its 457 Plan to establish a Trust by January 1, 1999. Employee assets will not be protected against general creditors of the City until a Trust is established. FOLLOW UP ACTIONS: Staff will forward a certified copy of the resolution to the NPC Group and execute the appropriate documents in order for that company to continue as a Plan Administrator. ATTACHMENTS: 1. Resolution Amending the 457 Deferred Compensation Plan with NPC. 2. 457 Deferred Compensation Plan and Trust Document. Npc 2 RESOLUTION NAME OF EMPLOYER: City of Saratoga STATE: California RESOLUTION OF THE CITY OF SARATOGA AMENDING THE DEFERRED COMPENSATION PLAN WHEREAS, the City of Saratoga has employees rendering valuable services; and WHEREAS, the City of Saratoga has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Saratoga has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Saratoga hereby amends and restates the deferred compensation plan (the 'Plan") in the form of The Plan and Trust provided by the City (copy attached hereto). BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of the Plan assets held in the City of Saratoga Deferred Compensation Plan and Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; BE IF FURTHER RESOLVED that the plan will not permit loans. BE IT FURTHER RESOLVED that the City hereby agrees to serve as trustee under the Plan. PASSED AND ADOPTED by the City Council of the City of Saratoga this day of 1998, by the following vote: AYES: NOES: AB SENT: ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY (MAYOR) CITY OF SARATOGA DEFERRED COMPENSATION PLAN AND TRUST Chapter 01 PLAN ESTABLISHED 01 Plan Established. As provided in Section 457 of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code City of Saratoga (defined more completely below as the "Plan Sponsor hereby amends and restates the City of Saratoga Deferred Compensation Plan and Trust hereinafter referred to as the "Plan for the employees of the City of Saratoga. Nothing contained in this Plan shall be deemed to constitute an employment agreement between the Participant and the Plan Sponsor and nothing contained herein shall be deemed to give a Participant any right to be retained in the employ of the Plan Sponsor. Chapter 02 DEFINITIONS 02 -1 Accumulated Deferrals. "Accumulated Deferrals" means Compensation deferred under the Plan, adjusted until date of payment by income received, increases or decreases in investment value, fees and any prior distributions made. 02 -2 Beneficiary. "Beneficiary" means a beneficiary of a Participant, a Participant's estate, or any other person whose interest in the Plan is derived from the Participant. 02 -3 Committee. "Committee" means the Committee for Deferred Compensation appointed by the Plan Sponsor. 02-4 Compensation. "Compensation" means all payments made to a public employee by the Plan Sponsor as remuneration for services rendered. 02 -5 Deferred Compensation. "Deferred Compensation" means the amount of the Participant's Compensation which the Participant and the Plan Sponsor shall mutually agree (prior to the date for which such Compensation is earned) will be deferred. 02-6 Eligible Employee. `Eligible Employee" means any person who is employed by and receives any type of Compensation from the Plan Sponsor for whom services are rendered, and who is a full -time, regular part-time working half -time, or more, or career seasonal employee of the Plan Sponsor. 02 -7 Normal Retirement Age. "Normal Retirement Age," as used in the Plan, means the range of ages: (1) Ending not later than age seventy and one -half (70 %z); and (2) Beginning not earlier than the earliest age at which the Participant has the right to retire under a Plan Sponsor's pension plan for which the Participant is eligible without consent of the Plan Sponsor and under which the Participant will receive immediate retirement benefits without actuarial adjustment due to retirement prior to some later specified age in the Plan Sponsor's pension plan. 02-8 Participant. "Participant" means any Eligible Employee of the Plan Sponsor who executes a Participation Agreement with the Plan Sponsor assenting to the provisions of this Plan, once the Participation Agreement has been approved. 02 -9 Participation Agreement. "Participation Agreement" means the agreement executed and filed by an Eligible Employee with the Plan Sponsor pursuant to Chapter 04 of this Plan, in which the Eligible Employee elects to become a Participant in the Plan. 02 -10 Plan Sponsor. "Plan Sponsor" means City of Saratoga a governmental entity in the State of California as described in Section 1.457 -2(c) of the Treasury Regulations. 02 -11 Separation From Service. "Separation (or Separates) from Service" means "separation from service" as that term is interpreted for purposes of Section 402(e)(4)(D)(i)(III) of the Code and refers to the severance of the Participant's employment with the Plan Sponsor. A Participant will be deemed to have severed his or her employment as of the date of his or her last payroll. 02 -12 Trust. "Trust" means the trust established under the terms of this Plan. 02 -13 Trustee. "Trustee" means and any successor or successors which shall accept appointment to execute the duties of Trustee as set forth in this Plan. Chapter 03 ADMINISTRATION 03 -1 Administered By Committee. This Plan shall be administered by the Committee which shall represent the Plan Sponsor in all matters concerning the administration of this Plan. 03 Committee To Adopt Rules and Regulations. The Committee shall have full power and authority to adopt rules and regulations for the administration of the Plan, and to interpret, alter, amend, or revoke any rules and regulations so adopted. 03 -3 Committee Action Fair And Reasonable. Every action taken by the Committee shall be presumed to be a fair and reasonable exercise of the authority vested in or the duties imposed upon it. The Committee and its individual members shall be deemed to have exercised reasonable care, diligence and prudence and to have acted impartially as to all persons interested, unless the contrary be proven by affirmative evidence. 03-4 Committee To Maintain Records Of Accounts. To facilitate an orderly administration of the Plan, the Committee shall maintain or cause to- be maintained a deferred compensation ledger account with respect to each Participant. 04 -1 Enrollment. Enrollment in the Plan. Chapter 04 PARTICIPATION IN THE PLAN (1) An Eligible Employee may become a Participant by executing a Participation Agreement. Compensation will be deferred for any calendar month only if a Participation Agreement providing for such deferral is executed by the Participant and approved by the Committee or its designee before the beginning of the month. (2) In signing the Participation Agreement, the Participant elects to participate in this Plan and consents to the Plan Sponsor deferring the amount specified in the Participation Agreement from the Participant's gross Compensation for each pay period. The amount specified must equal to at least ten dollars ($10) per pay period and shall continue until changed or revoked pursuant to Chapter 04-6 or 04 -7 of this Plan. 2 04 -2 Plan To Plan Transfers. (1) Transfers To The Plan: If a Participant was formerly a participant in an eligibic State deferred compensation plan (within the meaning of Section 457 of the Codc and the regulations thcr;widcr), and if such plan permits the direct transfer of the Participant's interest therein to the Plan, then the Plan shall accept assets representing the value of such interest; provided, however. the Committee may require in its sole discretion that some or all of such interest be transferred in cash or its equivalent. Such amount shall be held, accounted for, administered and otherwise treated in the s :une marine: con_p.:nsition deferred by the Participant under the Plan except that: (a) Only the amount, if any, transferred to this Plan which was dcfc: a:. alder the transfer or plan in the taxable year when transfer occurs shall be treated as Compensat`,ei: 'deferred under the Plan in such year. (b) No amount may be transferred to this Plan as of the time when Itu t. paid or nladc available under the Section 457 plan of the Participant's prior employer. (2) Transfers From The Plan: The amounts credited to the account of a former Participant in the Plan may be transferred to another eligible deferred compensation plan (within the meaning of Section 457 of the Code and the regulations thereunder) and in which the former Participant currently participates, and if such plan provides for the acceptance of such amounts. The only rollovers or transfers allowable under Section 457 of the Code are from one eligible Section 457 plan to another eligible Section 457 plan. If a Participant, prior to pay -out beginning, accepts employment with an entity who offers an eligible Section 457 plan, and the Participant becomes a participant in that plan, then .Accumulated Deferrals may, at the election of the Participant and after written notice to the Committee. the transferral to the other plan. provided that plan provides for the acceptance of such transfers. (3) Application for Transfer: If the conditions in subchapters (1) and (2) of this clupicr ate met and the Participant wishes to transfer his/her account, he/she shall complete and application form and/or other documents as may be required by the Committee. (4) Administrative Rules: The Committee shall prescribe such rules consistent %vuh the provisions of subchapters (1) and (2) of this Chapter concerning plan transfc as in its sole itadimient it deems desirable for the orderly administration of the Plan. 04 -3 Deferral Limitation. (1) Except as provided in Chapter 04-4, relating to catch -up. the ivaxituwn dui may be deferred under the Plan for any taxable year of a Participant shall not exceed the lesser of eight thousand dollars ($8,000), adjusted for the calendar year to reflect increases in cost -of- living in accordance with Sections 457(e)(15) and 415(d) of the Code, or thirty -three and one -third percent (33 of the Participant's includible compensation, each reduced: (a) By any amount excludable from the Panicip ul'e gross inconcc cline' IaNable year under Section 403(b) of the Codc; and (b) [Effective for taxable years beginning after Dccembcr 3 t. any :atou`li: (i) Excluded from gross income under Section. 402(.0( a_ 402(!)(1)(B) er (k) of the Code (relating to a Participant's elective deferrals to sir.:I iir:_': empIcvice pensions) for that taxable year: or (ii) For which a deduction is allowable; for that ble veer b !season of contribution to an organization described in Sectio 501(c)(18? of the Cod(' !o pension trusts created before June 25. 1959, forming part of a plan pas.. under pension plan funded only by contributions of employees): and (c) By any amount the Participant contributes to any other plan coverecl ion -157 of the Code (relating to deferred compensation plan(s)) during the taxable yCaT (2) "Includible compensation" for purposes of this Chapter means includible compensation as defined in Section 457(e)(5) of the Code and as further defined by Treasury Regulation I.457-2(e)(2) interpreting that section, and is determined without regard to community property laws. Includible compensation for a taxable year includes only compensation from the Plan Sponsor that is attributable to services performed for the Plan Sponsor and that is includible in the Participant's gross income for the taxable year for federal income tax purposes. Accordingly, a Participant's includible compensation for a taxable year does not include an amount payable by the Plan Sponsor that is excludable froin the P2rli7ipant'r: gross income under: (a) Section 457 of the Code: (b) Section 403(b) of the Code (relating to annuity cont,..•...,s, purchased v non-profit organizations described in Section 501(c)(3) of the Code or public schools): (c) Section 105(d) of the Code (relating to wage continuation plan5.: (d) Section 911 of the Code (relating 10 citizens or reside:II.; or tit:: ;')latcs hvuig abroad); (e) Section 402(c)(3) or 402(1)(1)(B) of the Code (relating to Limplifie:Icinpliweo pensions); (f) Section 501(c)(18) of the Code (relating to certain peasion trusts): (g) Section 402(k) of the Code (relating to qualified cash OF airr,.:}1111tS): Of (h) Section 408(p) of the Cede (relating i0 Reire7 In computing includible compensation. totai gross .11. Sponsor's earnings Statements must be reduced by: (a) Pre-tax contributions to lestircraciitr!a17:.7mt2er Se;tiot --!•;,h) an (b) Any contributions to cafeteria plans tinder Section 2:; ol :110:it: ;including those associated with such items as dependent care salary reduction pian before excluding the items listed in subchapters (2)(a) through (11) of this Chapter. 04 Catch provision. For one or more of the Participant's last three (.3) ta::ab!e years ending before attaining Normal Retirement Age under the Plan, the maximum deferral shall be tile lesser of: (1) Fifteen thousand dollars ($15,000) for the taxable year, reduced .11 1.1C ';!;111(: icmuca the seven thousand five hundred dollars ($7,500) limitation is reduced in Chapter (2) the sum of: (a) the limitations established for purposes of Chapter !II- Ilan for the taxable year (determined without regard to this C1 uior, phr: (b) So much of the limitation established under Chapter t;;_ ,.;xablc y0:11; before the taxable year as has not theretofore been used under Chapter :;4 or Chapter 04 4. A prior taxable year shall be taken into account cnl` if: (i) It begins after December 3 1 i 9 7 (ii) The Participant was eligible to participa Platt dui istg ar portion of the taxable year; and. (iii) Compensation deferred (if any) under the Plan during l_- :r :attl.. r:: as subject to a maximum limitation (as established under Chapter 04 A prior taxable year includes a taxable year in which the Participant was eli to participate in an eligible plan sponsored by another employer. In no event can the Participant elect to have the catch -up provision apply more than once whether or not the full catch -up had been utilized. This catch -up provision may not be used in the year in which the Participant attains age seventy and one half, and may not be used in any year thereafter. 04 -5 Committee May Disallow Deferral. The Participant acknowledges the right of the Committee to disallow, deferral of Compensation under the Plan in excess of the limitations in Chapter 04-3 and 04-4. However. the Committee shall have no duty to assure that amounts deferred are in compliance with s.u.,'t limiiatio;�s. 04-6 Modification Of Deferral Or Funding Option(s). A Participant may change hisiher deferral or funding option(s) during an open enrollment period. Funding option(s) may be not be changed more than four (4) tithes in any calendar year, or a fee may be charged. Changes in the amount of deferral must equal at least ten dollars 10) or more per funding option per month. (Beneficiaries entitled to receive Accumulated Deferrals may also change funding options not more than four (4) tunes per year.) Any combination of a decrease, a transfer, or a change in funding option (s) effective the same date, shall be considered one change. A change (whether counted as such or not) shall be effective for any calendar month only if the Participant signs a new Participation Agreement and it is approved by the Committee or its designee before the beginning of that calendar month. All Participation Agreements indicating changes in funding option(s) must be filed with the Committee no later than fifteen (15) days prior to the established pay date for which the change will occur. The Committee reserves thu right to defer the effective date of any change. 04 -7 Suspension And ReinStatement Of Deferral. SUSPENSION. A Participant may at any time direct that deferrals under the Participant's Participation Agreement cease by completing the proper form and filing it with the Committee no later than the last day of the payroll period prior to the payroll period during which the deferrals are to cease; however. Accumulated Deferrals shall only be paid as provided in Chapter 04 -9 through 04 -15. REINSTATEMENT. A Participant who has directed the cessation of deferrals may res:unu:; deferrals for any calendar month commencing no sooner than the month following the close of ne :;t enrollment period by executing a new Participation Agreement to defer Compensation. The waiting period :;hall no ap rly o Pitrticipants who are on leave without pay as discussed in Chapter 06. 04 Funding Options. Each Participant shall designate. on hir-!iacr Participation Agreement the funding option(s) in which he/she wishes to have invested. The funding option(s) shall be selected from 'those options made available for this purpose from time to time by the Committee. in its sole discretion. The C'ommittec may make available as funding options: (1) A fixed rate investment or pool of investments uacl, dinj dos a t c ;:.it inter :a, savings and loan association, mutual savings bank and fixed annuities; (2) Specified mutual fund shares. shares of an invesim': is c..," p n', (3) Fixed or variable life insurance, or other options permitted by taw and selected by the Conuuittcc. In the event that a selected funding option experiences a loss. the Part ipant's Accumulated Deferrals payable hereunder shall likewise reflect a loss for the period. 04 -9 Designation Of Beneficiaries. Each Participant shall have the right to designate a Beneficiary or Beneficiaries to receive Accumulated Deferrals in the event of Participant's death. if no such designation is in effect upon the death of a Participant, the Beneficiary shall be the surviving spouse, or if none, then the Beneficiary shall be the Participant's estate. A Participant may change his/her Beneficiary designation at any time by filing a change of beneficiary form with the Committee. A Participant may also change his/her Beneficiary designation by completing the beneficiary designation portion of a Participation Agreement form. The Part icipant may name: (1) A designated organization or person (including without limitation his/her unborn o later adopted children). If unborn or later adopted children are to be included, the designation must so indicate. The date of birth must be furnished for any living person who is named and who is under the age caf eighteen. (2) His or her estate; (3) A trust which is in existence, or which is to be established under the Participant's last will. For an existing trust, the Participant must provide the name of the trust and the date it was established. The Participant may name contingent Beneficiaries in addition to nrintar. Bcr fie. s Zit ?r.e criefician must have a tax I.D. number or a social security number. 04 -10 Distribution To Participant After Separation From S v c Ails° S i ar :die Pion: Service. Accumulated Deferrals shall be paid to the Participant in one or more instail;r._ =...lc ?ester' h_ .tic Participant pursuant to Chapter 4 -12 through 4 -14. 04 -11 Distribution In The Event Of Death Of Participaif Or (1) Should the Participant die at any time. Accumulated Deferrals shalt b: i;aid t_, the Beneficiary or Beneficiaries designated by the Participant pursuant to Chapter 04 -9. The Accumulated Deferrals shall be paid out as provided in Chapter 04 -9 through 04 -14. If no Beneficiary is designated as provided in the Participation Agreement, or if the Designated Beneficiary does not survive by a period of thirty (30) days. then a lump sum or series of payments shall be paid, in accordance with Chapter 04 -9 through 04 14, to the surviving spouse, or if none, a lump sum shall be paid to the estate of the Participant. (2) In the event a Beneficiary becomes entitled to receive Accumulatcc_ Deferrals but dies prior to the distribution of the total Accumulated Deferrals, Accumulated Deferrals shall become payable to the Beneficiary's estate on the first day of the third month following written notice of the Beneficiary's death, unless Accumulated Deferrals are being paid in the form of an annuity, in which case the disposition of the remaining amount shall be determined by the annuity contract. Such annuity contracts shall be issued pursuant to the rules set forth in Chapter 04 -14. 04 -12 Elections Regarding Distribution. Each Participant (or tiic evert;. of ;;lath. c::cii Beneficiary other than an organization, estate, or trust) shall elect when his/her pay -out will begin and the pay ncriod. (1) Election Regarding Time Of Payment. The election regarding the time when payment will begin shall be made when a Participant Separates from Service (or dies having Separated from Service and having previously elected when payment will begin). Once made, the election regarding when pay -out will begin is irrevocable as to the Participant or Beneficiary making the election. Notwithstanding the above, if a Participant has elected, in accordance with the Plan, to defer the conuncncement of distributions beyond the first permissible payout date, then the Participant may make an additional election to further defer the commencement of distributions. provided that the election is filed before distributions actually begin and the later commencement date meets the required distributicn commencement date provisions of Sections 401(a)(9) and 457(d)(2) of the Code. A Participant may not make more than c'nc such additional deferral election after the first permissible payout date. For purposes of the preceding paragraph, the "first permissible payout date is tine earliest date on which the Plan permits payments to begin after Separation from Service, disregarding payments to a Participant who has an unforeseeable emergency or attains age 70-1%. or under the hi-service distribution provisions of the Plan. (2) Election Regarding When Payment Will Begat_ (a) By a Participant who Separates from Service other thae ;cat,;;n ef death. must be made not later than sixty (60) days after Separation from Service. Payment may begin on the date nearest the first day of the month in which an election is filed with the Committee on forms provided for that purpose, and.payment must begin within the time prescribed by Chapter 04 14. (b) By a Beneficiary, other than an organization, estate or trust. where the Participant was not already receiving payments, payments must be made not later than sixty (60) days after the Participant's death. Payment may begin on the date nearest the first day of the month in which the election is filed with the Committee on forms provided for that purpose, and payment must begin within the time prescribed by Chapter 04 -14. (3) Election Regarding Method Of Payment. The Participant (cr Beneficiary other than an organization, estate or trust) who makes an election regarding the date payment will begin. may also elect the period over which payments will be made. The pay -out period election may be made either at the time he /she elects a beginning date for pay -out or at any time not later than sixty (60) days prior to the date pay -out is to begin. Once having made this election, the Participant (or Beneficiary, other than an organization, estate, or trust) may change the pay -out period election not later than sixty days prior to the date pay -out is to begin. Such a Beneficiary may also make this election where the Participant was already receiving payments but, as provided in Chapter 04- 14(3)(a), must receive distribution at least as rapidly as it was being distributed to the Participant. Such a Beneficiary must make the pay -out period election not later than sixty (60) days after the death of the Participant and pay -out will be suspended following the Participant's death until the Beneficiary either makes a pay -out period election -'oegns receiving payment as provided in subchapter (4) of this chapter; provided, if the Participant NA receiving pay-cut in the form of an annuity contract, then the successor's right shall be limited by the te: rt of that contract. (4) How Elections Are Made. A Participant 0310V: 0d under this Chapter by completing and filing applicable payment retiuest forms ryn. th (5) Consequences In Absence Of A Timely Eleetinit Regarding 'Three Cf ?aymen.. Absent a timely election regarding when pay out is to begin, pay out will begin on the fifteenth day of the month following the month in which the election period ends, and will be made. in a lump sum if the Accumulated Deferrals as of the end of the election period are less than twenty five thousand dollars ($25.000) or, if the Accumulated Deferrals are twenty thousand dollars (525,000) or mere. in the form of a lifetime annuity with a fifteen (15) year certain period or (a) As may be necessary under the ininiraui l ;ay ee.: :quit of Section 457(d)(2)(B)(i)(I) of the Code, requiring antoun to be paid rr.•E t• than as determined under Section 401(a)(9)(G) of the Code: or (b) As may be necessary under Section 37(d)(2)(E)(i)(11) of the Code. requiring amounts not distributed to the Participant during his/her life to he distributed et least rapidly as they were being distributed as of the Participant's death. (6) Effects Of Certain Employment Changes. ict,. ire -i;::, a!kmcd w the circumstances described in Chapter 04 -2(2). (7) Consequences In Absence Of A Timely Election Regarding Method Payment. In the absence of a timely election regarding the period of tune over which payment w il! be ni de. payment will be made in the manner described m subchapter (5) of this Chapter. (8) Payment To An Organization, Estate, Or Trust. Any amouni pLiyalpic t..:: organization. estate, or trust shall be paid in a lump sum as prescribed in Chapter 04- 14(3). 04 -13 Investment Mode Election. Each Participant shall designate: on ins ar; cipa ou ,g. eeu :cnt his selected investment mode. Such designation shall continue unless changed pursuant to this Chaptc:z. The investment mode shall be selected from those modes made available for this purpose from by the '.`cn:;nittec. in its sole discretion. The Committee may make available as modes for invcstnicn; (1) a fixed rate of interest product. or (2) specific mutual fund shares, deposits with a credit anion. s i :;t; c seen a!OII. nn or mutual savings bank, life insurance, shares of an investment company. rr FIN qtr :blc annuities cr other modes permitted by law and selected by the Committee. The Committee may from time to time change the available modes for in vcsi e— ?t di: evult tiara the selected investment mode experiences a loss. the Participant's benefit payable hcrcundcr ls: it t il:c„ isc reflect loss, rather than income, for the period. 04 -14 Distribution Of Deferrals. (1) General Rule. Payment of Accumulated Deferrals :yil! be iL«de in at icast annual. substantially nonincreasing amounts. Payments are also subject to the lin_itations i:; s ;t? .01:, :piers (2) through (5) of this Chapter. (2) Distribution To Participant. A Paaticipar.; att s i ciii.c.: (a) Receive lusher entire interest prior is the latcst (i) The April Is: immediate-; following :it:; c'c.. t::: is which the Participant attains age seventy and one -half; or (ii) The April 1st immediately following the close C: >c ''t:;t: yc:,r itt which the Participant Separates from Service with the Plan Sponse a- (b) Begin receiving his/her interest not later than the !into: c;.if.ed i;; o this Subchapter and receive it over a period not longer than either: (i) The life of the Participant:. (ii) The life of the Participant and a Bc elik.,, the..'articipant: (iii) The life expectancy of the Participant; c? (iv) The life expectancy of the Participant a:'.1 a designated Bcnrficiar' Payment must be sufficiently rapid to satisfy the requirements of Section 457(d)(2)(B)(i)(1) and Section 401(a)(9)(G) of the Code; provided, that until tables are issued by the Secretary of the Treasury, if provision is made for the payment of a portion of the Accumulated Deferrals to a Beneficiary. the amount payable to the Participant actuarially must exceed two- thirds (2/3) of the maximum amount payable to the Participant had no provision been made for payments to the Beneficiary (determined as of the commencement of thc distribution). Once payments to a Participant begin, the Participant may accelerate the payment schedule only in the event of an unforeseeable emergency (and subject to the provisions of Chapter 05 regarding such enicrgcncic (3) Distribution To Beneficiaries. 04 -15 In- Service Distribution. (a) When distribution begins prior to the Participant's dcail:. the:_ pit; urn to the beneficiary must be made at least as rapidly as it was being made to the Ptrticipann When tits Beneficiary is an organization, estate or trust, then payment will be payable in a hiiup tent. (b) When distribution does not begin prior to the Pitilicipan t` ::r at';.:n and is tc: be ;wade: (i) To an organization, estate or trust, then payment will be p: \able in :1 lump suns on the first day of the third month following the Participant's death: (ii) To a living Beneficiary designated by the Participant other than fire Participant's surviving spouse, and, by election, not to begin within: one (1) year of thc Participant's death, then the payment must be made within five (5) years of the Participant's death: (iii) To a living Beneficiary designated by the Participant othcr than the Participant's surviving spouse, and, by election, beginning within one year of the Participant's death_ then pay nent must be made within fifteen (15) years of rite Palici;?aiit's death (iv) To the Participant's surviving spouse, whetlt:; as designated Beneficiary. or by default, then payment must begin prior to the April 1st iirmediateiy following the later of the close of the Plan year in which the Participant would have attained age seventy and one half or, if later, the year in which the Participant Separated from Service. and payment may be made over the lifetime of the sun; i,ias shotiso o re c a period not longer than the life expectancy of the star i ing sh.om c. (4) For purposes of this chapter, life exp ,ciancies will b:; computeci rise of the expected return multiples in Treasury Regulation 1.72 -9. Where pay:ncn: is being made o 'cr the joint lives of the Participant and the Participant's surviving spouse, the life. expectancy of :li.o PaFticipant. and rite Participant's surviving spouse may be recalculated annually. (5) Notwithstanding anything in this Plan to the coutary. distributions ;.art, the Phut „iii be made in compliance with the minimum distribution rules of Section 457(d)(2) of the Code, and in compliance with Treasury Regulations issued under Sections 401(a)(9) and fi7(cl)(2) of the' 'Tod::: as applicabl (1) Involuntary In- Service Distribution: Tits Plan shall dis.tributi the tot_:: amount. payable under the Plan to a Participant who is an active employee of an ^ligibk; employ it rite Following requirements are met: (a) the total amount payable to the Parli=: ir. ;n: �itr .'ir. :loc.: riot races '$,000: (b) the Participant has not previously rccciv total amount payable to the Participant under the Plan; and (c) no amount has been deferred wider the Plan y :itlt res;.c; 1 rile !'anticipant during the two -year period ending on the date of the in sc~vicc distribution. (2) Voluntary In- Service Distribution:: A Participant who is ah e nplevee of an cl4tibl employer shall receive a distribution of the total payable to t1 1'as ici(rr! t tite ?lali if the following requirements arc mct: (a) the total amount payable to die Participant under tIic dollar limit under Section 1110)(11) of the Cede. if r. reaterr: (b) the Participant has not previctts1 t, payable to the Participant under the Plan: (c) no amount has been deferred undo_ I :3;= two -year period ending on the date of the (d) the Participant elects to recci;c 1::; Chapter 03 UNFORESEEABLE EMr,r_c" (1) A sudden and unexpected illness or a ccic =a Section 152(a) of the Code) of the Participant, (2) Loss of the Participant's property due c:::;ilt;l; (3) Other similar extraordinary the control of the Participant. Chapter (16 LEAVE OF ABSENCI''. Chapter 07 AMENDMENT OR TERMINA`F! P z' 10 05 -1 Unforeseeable Emergency. Notwithstanding any other 1pro:.isions is ia:. i:: 11:c event o. an unforeseeable emergency, a Participant or a Beneficiary entitled to Accuniu(atec'. Dcfcrrit±:: .nao' request the Committee to pay out a portion of Accumulated Deferrals. If the application for :item is approved by the Committee, payment will be made within sixty (60) days following such an apo;oval. The amunt paid shall be limited strictly to that amount reasonably necessary t0 satisfy the emergency need. oi' pirnoscs of this Plan. an unforeseeable emergency shall be severe financial hardship to the Participant resniiin r, ir?.;i: 0.1 (a', GCl lllc(i i!i l;cyc ct The circumstances that will constitute an unforeseeable eit.cig' ..ill i pins of each case. but in any case, payment shall not be made to the extent that such hardship fie, o in_, r be relieved (a) through reimbursement or compensation by insurance or otherwise; (b) by liquidation of the Partieipaiit's assets. to the extent liquidation of such assets would not itself cause severe financial hardship; or (c) by cessation of deferrals under the Plan. Examples of what shall not be considered to be unforescca k: ciilcr <,.encic i=. cluck the need to send a Participant's child to college or the desire to purchase a home. 06 Leave Of Absence. If a Participant is orr =.t, 1p;?rt;vr tt': ;r,,, !ti,' Ptah Spottso'_ participation in this Plan shall continue. 07 1 Termination Of Plan. The Plan Sponsor or tile Committee may at ail: tiutc tcrtnir:ate this Plan. Upon such termination, Accumulated Deferrals will be paid pursuant to Chapter 01 of ih. Pla!!. All Participant deferrals will cease. 07 -2 Amendment Of Plan. The Committee may also amend the provisions of this Plan at any time, for any reason; provided, that no amendment shall affect the rights of Participants or their Beneficiaries regarding Accumulated Deferrals that have vested prior to the time of the amendment. 07 -3 Reasons For Amendment. The Plan Sponsor, as may be caused by Treasury Regulations. Federal statute, State law or regulations, or operational experience, may from time to time find it necessary to change or amend this Plan. 07-4 Procedure For Amendment. If and when an amendment to the Plan is proposed, the Committee shall notify all Participants, in writing prior to any actual amendment to the Plan, that an amendment will be made. what the proposed amendment will be, why it is being done, and what the likely impact, if any, there will be on the Participants as a result of the proposed amendment. If the proposed Plan amendment will have any adverse affect or impact on any or all Participants, each Participant adversely affected shall have the right to modify his/her Participation Agreement as necessary to reduce or eliminate any foreseen adverse impact on his/her Accumulated Deferrals. No amendment to the Plan shall affect the amount of Accumulated Deferrals which at the time of such amendment shall have accrued for Participants or Beneficiaries, to the extent of any Compensation deferred before the time of amendment and net income thereon accrued to the date of the amendment. Chapter 08 RELATIONSHIP TO OTHER PLANS 08 Retirement And Social Security Not Reduced. It is intended that, pursuant to Section 457 of the Code, the amount of Deferred Compensation will not be considered as current compensation for purposes of federal income taxation. Such amounts will, however, be included as compensation in determining benefits or rights under the Plan Sponsor's group insurance, other retirement plans and FICA Payments under this Plan will supplement retirement and death benefits payable under the Plan Sponsor's group insurance and other retirement plans. Chapter 9 TRANSFER IN LIEU OF CASH 09 Assets In Lieu Of Cash. Upon the occurrence of any event requiring the payment of Accumulated Deferrals under this Plan, the Committee may, in its sole discretion, elect to honor a request from the Participant to substitute the transfer in kind and assignment of any asset which the Plan Sponsor has acquired, at fair market value. Chapter 10 NON ASSIGNABILITY CLAUSE 10 Accumulated Deferrals Not Assignable. It is agreed that neither the Participant, nor the Participant's Beneficiary or Beneficiaries, nor any other designee, shall have any right to commute, sell, assign, transfer, or otherwise convey the right to receive any payments hereunder, which payments and right thereto are expressly declared to be nonassignable and nontransferable; and in the event of attempt to assign or transfer, the Plan Sponsor shall have no further liability hereunder, nor shall any unpaid Accumulated Deferrals be subject to attachment, garnishment or execution, or be transferable by operation of law in event of bankruptcy, dissolution of marriage, or insolvency, except to the extent otherwise required by law. Chapter 11 ASSETS 11 Plan Assets. Notwithstanding any contrary provision of the Plan, in accordance with Section 457(g) of the Code, all amounts of Compensation deferred pursuant to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of Participants and Beneficiaries under the Plan. Any trust under the Plan shall be established pursuant to a written agreement that constitutes a valid trust under the law of California. 11 All amounts of Compensation deferred under the Plan shail oe transferred to a imst established under the Plan within a period that is not longer than is reasonable for the proper administration of the accounts of Participants. To comply with this requirement, all amounts of Compensation deferred under the Plan shall bo transferred to a trust established under the Plan not later than 15 business days after the end or 'lie month in which the Compensation would otherwise have been paid to the employee. Chapter 12 PARTICIPATION BY COMMIT E NIEIVifiE 12 Participation By Committee Members. Mcmbcs of tlic :onurltcc. ;cr:r ise eligible. may participate in the Plan under the same terms and conditions as apply 10 other Particip :ants but an individual member shall not participate in any Committee action taken with respect to that 7.teiribc,. r r ics'�ati r° Chapter 13 PLAN SPONSOR PA:RT'_C,i T'1Oi 13 Plan Sponsor Contributions. The Plat: Sponsor ii: pursuant :c ra. <c s Participation Agreement filed by a Participant as specified in Chapters 04 or 04 -7. add addi:icaa: D .ferrai C2o,;.:,,ensation for services to be rendered by the Participant to the Plan Sponsor during 711C-111;'. (1) The Participant has elected to have such additional Co_i:pcas=i :ic!b_.rci, invested, uicF distributed, pursuant to this Plan, prior to the calendar month in 'which 'ilia oc si :ii is earned.: and (2) Such additional Deferred Compensation, ..then added to the Plan, does not exceed the maximum deferral pe,iuitted b,- Cimpic_ r' Chapter 14 INVESTMENT RESPO?° 5I2'. .I :'V 14 Investment Responsibility. The Plan Sponsor may bu: is not ::cgiu:'c:; l:., invest (amts held pursuant to Participation Agreements between Participants and the Plan Sponsor in accordance ttli the requests made by each Participant. The Committee shall retain the right to approve or disapprove such investment requests. Any action by the Committee in investing funds, or approving of any such investment of funds. shall riot be considered to be tither an endorsement or guarantee of any investment, nor shall it be considered to tittcs lc': !!'c `iii;, „girl soundness or the suitability of any funding option for the purpose of meeting future obligations. Chapter 1 COMMITTEE 15 Plan Prevails. In the event any form or other docuirte including but not limited to enrollment forms and marketing materials, conflict with i' r. ^ri: f h Plan `Iir tc: of the Plan shall prevail. 15 Decision Binding. The Committee is authorized at. i:as :oic his r:;ii; ..cic,iniuc any matters concerning the rights of any Participant, Beneficiary or an attic- tt,ic ;,',,r. ^.act :ucl. ractermination shall be binding on all interested persons. 15 Committee To Interpret. The Committee is authorize': and has sole O ;isc --ci o_i 1.0 ccnsttnc this Plan and resolve any ambiguity in the Plan. The Plan and any form or other document used in administering the Plan shall be interpreted, and this Plan shall be administered. so as to comply ?Ali; Section 1:17 off tho Code and the Treasury Regulations promulgated thereunder. 15-4 Tax Status Not Guaranteed. The Committee does not represew. o::nia.: 2 :::iicntat federal or State income, payroll, personal property or other tax consequence will occur becatt c of the Participant's participation in this Plan. The Participant should consult with the Participar s OW 1: representative regarding all questions of federal or State income. payroll, personal property r,: C:11`1'''' in this Plan. 15 5 Committee May Require Court Order. The Committee o: th.; Plan pon_u if in donbt concerning ti:c correctness of their action in making a payment of Accumulated Deferrals. may suspend payment until satisfied as to the correctness of the payment or the person to receive the payment or to allow the filinE; in any State court of competent jurisdiction of a civil action seeking a determination of the amounts to be paid and the porsoris receive them. The Committee and the Plan Sponsor shall comply with the final orders of die coral in any such suit and the Participant, for the Participant and the Participant's Beneficiary or Beneficiaries, consents to b: bound thereby. Whenever payment of Accumulated Deferrals is suspended pursuant to this chapter. tlu: time for a Participant or Beneficiary making any election under Chapter 04 -12 shall not begin until amount(s) and person(s) entitled are determined either by written agreement of all parties concerned o `o a court jtidgincr It::; lxcomc _utal. 15 6 Delegation Of Authority. The Committee may delegat: i+ u :c;io ti:i; Platt to any designee with legal authority to perform such functions. Chapter 1( APPLICABLE 16 Plan To Conform To Federal And State Laws. This ct,.jbio State deferred compensation plan within the meaning of Section 457 of the Code. aril Trcasu:~ tt;ait.^ 2(a) and to comply with applicable State law, and shall be interpreted accordinniv. Chapter 17 TRUST AGREE P4,' 17 -1 Acceptance. tlic: Trustee"). or any successor or successors which accept appointment under this Chapter 17. accepts the `,rust hereby created under the Plan and agrees to perform the obligations imposed. The Trustee's dot ies and ':..crcu!idcr shall be performed in accordance with, and as necessary limited to comply w ti!. applicable. !ay.. 17 2 Receipt of Contributions. The Trustee shall be accountable to tilt Plaki sponsor for the funds contributed to it by the Plan Sponsor, but shall have no duty to see that the contributions received comply with the provisions of the Plan. The Trustee shall be neither obliged to collect any contributions from the Plan Sponsor. nor to see that funds deposited with it are deposited according to the provisions of the Plat 17 3 Full Investment Powers. The Trustee shall li<.voo full discretion and authority with regard to the investment of any portion of the Trust fund that is not subject to direction cf investment by the Plan Sponsor. Committee or a Participant. The Trustee is authorized and emposs ^red. but trot way or limitation. with the following powers, rights and duties: (1) To invest any part or all of the Trust fund in any coin on o, prcferrcu stocks, open cud or closcd- end mutual funds, shares of an investment company. variable annuities, put and call options traded on a national exchange, United States retirement bonds, corporate bonds, debentures. convertible debentures. commercial paper, U.S. Treasury bills, U.S. Treasury notes and other direct or indirect obligations of the United States Government or its agencies, improved or unimproved real estate situated in the United States, limited partnerships, insurance contracts, mortgages, notes or other property of any kind, real or personal. and to buy or sell options on common stock on a nationally recognized options exchange with or without holding the underlying cormnon stock_ as a prudent man would do under lik ;:ircnmstances with due regard for the purposes of this Phun. 13 (2) To retain in cash so much of the Trust fund as it may dean advisable tc satisfy liquidity needs of the Plan and to deposit any cash held in the Trust fund in a bank account at reasonable interest: (3) To manage, sell, contract to sell, grant options to purchase. convey. exchangc. transfer. abandon. improve, repair, insure, lease for any term even though commencing in the future or extending beyond the term of the Trust, and otherwise deal with all property- real or personal. i :t snc11 manner. for such considerations and on such terms and conditions as the Trustee shall deci'.!c: (4) To credit and distribute the Trust as directed by the Committee. 'Ilk SVA. t,ai be obliged to inquire as to whether any payee or distributee is entitled to any pavmcn: er whether the distribution is proper or within the terms of the Plan, or as to the mamacr of making any pav;.:cut o.: dstribution. The Trustee shall be accountable only to the Committee for an' tiavnion it in good faith on the order or direction of the Committee: (5) To borrow money, to assume indebtedness, extend iaoritt gc:_ :tact eaten::;} er mortgage or pledge; to invest in loans to a Participant in accordance with the loan policy estabiist cd the Committee (if such loans are to be permitted), provided any loan is adequately sc�:.r, c.7,s :>le rate of interest, and provides for repayment within a specified time: (6) To compromise, contest, arbitrate or abandon claims anti (7) To have with respect to the Trust all of the rigins of ail indi',idu the poarei to give proxies, to participate in any voting Trusts. merger: cottsolidatiowz 1'tiitii iolzr:- ;suit io exercise or sell stock subscriptions or conversion rights: (8) To hold any securities or other property in the mane of the "i rus ;i.;i, m another form as it may deem best- with or without disclosing Ibe !'rust Fetal o; :shit,: (11) To furnish any tax returns or portions thereof required of !!,.1c. i 7ils!cQ. proper and (9) To perform any and all other acts in its judgment nccossa_: advantageous management. investment and distribution of the; (10) To retain any funds or property subject to any disp::t_ witi c. nobilit', 01 '.l c of interest. and to decline, when reasonable to do so, to retake pavn ::t c:r dcliv ,rr +hc I 1r_ :a rnonc until final adjudication is made by a court of competent jurisdiction: (12) To furnish to the Plan Sponsor and the Committee Statements of ;cuuwi at leas_ annually showing the condition of the Trust fund and all investments, receipts. disbursements and other transactions effected by the Trustee during the Plan Year covered by the Statement and also stating the assets of the Trust held at the end of the Plan Year. The Committee may approve an accounting by written notice of approval delivered to the Trustee in writing within ninety (90) days from the date upon which the account Statement was mailed or otherwise delivered to the Cotntnittee. The Committee agrees to use its best efforts to review account Statements provided by the Trustee within ninety (90) days from the date the account Statement was mailed or delivered to the Coamnittec. Any matters objected to by the Committee shall be communicated to the Trustee in a writing signed by a member of the Committee, and the Trustee shall be given a reasonable opportunity to explain or adjust such matters. In no event shall the Trustee be liable for losses to the extent that the same could have been prevented by a prompt. review (within 90 days) of the Trustee's written account by the Committee; and (14) To begin, maintain, or defend any litigation necessary in connection with the administration of the Plan, except that the Trustee shall not be obliged or required to do so unless indemnified to its satisfaction. 17-4 Records and Statements. The records of the Trustee pertaining to Inc Plan shall t;c open to the inspection of the Plan Sponsor and the Committee at all reasonable times and may be audited from time to time by any person or persons as the Plan Sponsor or Committee may specify in writing. The Trustee shall furnish the Committee or the Plan Sponsor with whatever information relating to the Trust fund the Conunitte or Plan Sponsor considers necessary. 17 -5 Fees and Expenses from Fund. The Trustee shall receiv e reasonable annual compensation as may be agreed upon from time to time between the Plan Sponsor and the Trustee. The Trustee shall pay all expenses reasonably incurred by it or by the Plan Sponsor, the Committee, or other professional advisers or administrators in the administration of the Plan from the Trust fund unless the Plan Sponsor pays thc expenses. The Committee shall not treat any fee or expense paid, directly or indirectly, by the Plan Sponsor as an Plan Sponsor contribution. 17-6 Distribution of Cash or Property. The Trustee may make distribution Pi<m is cash or property. or partly in each, at its fair market value as determined by the Trustcc. 17 -7 Resignation. The Trustee may resign at any time as Trtiste2 of the Phil; 1 s,_i thirt..: dnvs' written notice in advance to the Plan Sponsor and to the Committee. 17 Removal. The Plan Sponsor, by giving thirty (30) day: :rit otic a� :c ti:: Trustee, may remove any Trustee. 17 Interim Duties and Successor Trustee. In the event of the resignation o rcmovai of a Trustcc, thc Plan Sponsor shall appoint a successor Trustee if it intends to continue the Plan. During any period the selection of a Trustee is pending, or during any period a Trustee is unable to serve for any reason, the remaining Trustee or Trustee(s), if any, shall act as the sole Trustee or as the only Trustee(s) of the Trust created under this Agreement. If no Trustee remains during any period the selection of a Trustee is pending, the Plan Sponsor shall act as Trustcc until a successor Trustee is selected. Each successor Trustee shall succeed to the title to the Trust vested in his predecessor by accepting in writing his appointment as successor Trustee and filing thc acceptance with thc former Trustee and the Committee without the signing or filing of any further Statement. The resigning or removed Trustcc, upon rcccipt of acceptance in writing of the Trust by the successor Trustee, shall execute all doctunents and do all acts necessary to vest the title of record in any successor Trustee. Each successor Trustee shall have and enjoy all of the powers, both discretionary and ministerial, conferred under this Agreement upon his predecessor. No successor Trustee shall be personally liable for any act or failure to act of any predecessor Trustee. With the approval of the Plan Sponsor and the .Committee, a successor Trustee, with respect to the Plan, may accept the account rendered and the property delivered to it by a predecessor Trustee without incurring any liability or responsibility for so doing. 17 -10 Valuation of Trust. The Trustee shall value the Trust fund as of the last day of each calendar year and at such other times as the Committee may direct to determine thc fair market value of each Participant's Accumulated Deferrals, and the Trustee shall value the Trust fund on such other date(s) as directed by the Committee. 17 -11 Exclusive Benefit. The Trust fund will be held for the exclusive benefit of Participants and their Beneficiaries. Except as otherwise provided in the Plan, it shall be impossible under any circumstances at any time for any part of the corpus or income of the Trust fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. Signed At Date 16 City of Saratoga Trustee Trustee Trustee r %J 4.11,1• l// a.• VA V r1 {.J City of Saratoga, 13777 Fruitvale Avenue, Saratoga CA 95070 Please return to: City/Town Clerk, (address) D� COMPLETE THE FOLLOWING, ADDING ADDITTONAL SHEETS AS NECESSARY. 1. CLAANJ" S NAME (Print): IM Bliss Stevens 2. CLAIMANT'S ADDRESS: 20511 Brookwood Ln. Saratoga, (Street or P.O. Boa: Number Qty State Tap Code) 3. AMOUNT OF CLAIM s amt. unknown HOME PHONE 415 399 -8951 (Attach Copies of bill /estimates) Client is still treating, bills on WORK PHONE: 415- 399 -8951 order from providers. IF AMOUNT CLAIMED IS MORE THAT S10,000 INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court x 4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, Jacoby Meyers Law Offices IF DIF>FMtENT FROM LINES 1 AND 2 (PRIM): LOCATION ATION OF LNCIDENT: 11/91 ABAG PLAN Corp.. CM1.1 (Name) 100 California St. Suite 700 (Street or P.O. Btu Number) San Francisco, CA 94111 (City State Zip Code S. DATE OF INCIDENT: 6-1R —98 TIME OF INCIDENT: 1 nnpm Argonaut Shopping Center parking lot 12876 Sunnyvale— Saratoga Rd., Saratoga, CA 95070 vti n1 CA 95070 6. DESCRIBE THE INCIDENT OR ACCIDENT LVCLUDING YOUR REASON FOR BELIEVING THAT THE CITY IS LIABLE FOR YOUR DAMAGES: Claimant was exiting Safeway store and walking to her vehicle in parking lot. She tripped and fell on a hole in the parking lot. The hole contained a water cover over city water line. DESCRIBE ALL DAMAGES WHICH YOU BELIEVE YOU P. VE L' AS RESULT OF THE LYCIDEIrT: Torn ligaments in right ankle and torn ligaments in neck, lower back and hip pain. 8. NA.MES(S) OF PUBLIC EMPLOYEEE(S) CAUSING THE DAMAGES YOU ARE CLAIMING: City employees that are responsible for maintaining water coverings so they arm not hazardous. S' t re of Claimant Date James .gg Partridge Esq. Any person wo. wtth intent to defraud, presents any false or fraudulent clsim may be punished by imprisonment or fine or both. Now Claims must be filed within 180 days of incident See Government Cult Section 900 et seq. T0-AL P.01 I SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: NOVEMBER 18,1998 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Continuation of Public Hearing and adoption of Resolution forming Underground Utility District No. 8 located along Saratoga Avenue between Fruitvale Avenue and Baroni Court. RECOMMENDED MOTION(S): At the conclusion of the Public Hearing, adopt the Resolution forming Underground Utility District No. 8 located along Saratoga Avenue between Fruitvale Avenue and Baroni Court. REPORT SUMMARY: At the City Council meeting of May 6, 1998, Resolution No. 98 -09 was adopted setting a public hearing on the formation of Underground Utility District No. 8 for June 3. At the June 3 hearing, Council directed staff to schedule a workshop with the property owners within the proposed district to respond to questions raised during the hearing. The public hearing initially was continued to August 5, however because of staffing issues, it was subsequently postponed until November 18. A hearing notice was sent to each property owner in the proposed district and the workshop was held on October 1. The issues raised at the public hearing and subsequent workshop were mainly focused on how to handle overhead facilities along one private driveway and two private courts located off Saratoga Avenue. The workshop was only attended by two property owners; one representing the private driveway and one representing the property owners of one of the private courts. A discussion with a representative of the other private court was held separately with staff. The desire of these particular property owners is to be excluded from the district. Since the successful establishment of the district does not depend on the participation of these property owners, the district boundary has been redrawn to exclude their properties (attachment 2). FISCAL IMPACTS: There are no direct costs to the City associated with the formation of the district. The cost of removing overhead utilities and poles located within the public rights -of -ways and public easements is funded through Rule 20A allocations reserved by PG &E. The cost of service panel conversions and conversions of overhead services which extend beyond 100 feet from the public right -of -way will be paid for by the various property owners in the district. FOLLOW UP ACTIONS: A copy of the Resolution will be transmitted to PG &E's underground utility representatives. Staff will work with PG &E to prepare a construction plan and schedule for Underground District No. 8. CONSEQUNCES OF NOT ACTING ON THE RECOMMENDED MOTIONS: The Resolution would not be adopted and district could not proceed. ATTACMENTS: 1. Initial Underground Utility District #8 Boundary Map. 2. Revised Underground Utility District #8 Boundary Map. 3. Resolution forming Underground Utility District #8. 4. May 6, 1998, staff report. 5. June 3, 1998, staff report. SARATOGA cm/DERGRARyND UT /L rr oarfiticryro REYISEQ K •YEMeER id, rife SA s aa..rocq c w •r- AVE CITY OF SARATOGA RESOLUTION NO. A RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 AND SETTING TIME FOR COMPLETION OF UNDERGROUNDING WHEREAS, pursuant to Resolution No. 98 -09, adopted by the City Council on May 6, 1998, a public hearing was held on June 3, 1998, and subsequently continued to November 18, 1998, to ascertain whether the public health, safety or welfare required the necessity of removing poles, wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services; and WHEREAS, pursuant to Article 16 -70 of the Saratoga Municipal Code, the City Clerk notified all affected property owners and utilities; and WHEREAS, at said public hearing, all persons wishing to be heard on this matter were given an opportunity to be heard, and all protests were considered and overruled; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. That the City Clerk notified all affected property owners as shown on the last equalized assessment roll and concerned utilities in accordance with Saratoga Municipal Code Article 16 -70. 2. That the staff report of November 18, 1998, and approved by the Public Works Director is hereby incorporated herein. 3. That the public necessity, health, safety and welfare require the removal and underground installation of wires and facilities for supplying electric, communication, or similar or associated services within the area hereafter designated, and the underground utility district herein created is in the general public interest. 4. That the area designated on the attached map, being all or a portion of each property within proximity to Saratoga Avenue from Fruitvale Avenue to Baroni Court be, and the same is hereby established as Underground Utility District No. 8, and such electric, communication, or similar or associated services shall be installed underground and the poles, overhead wires and associated overhead structures now existing within such area shall be removed. 5. That the City Council hereby orders the removal and underground installation of all such facilities in Underground Utility District No. 8. 6. That June 30, 2000, is hereby established as the date for completion of undergrounding by the utility companies; and the date of March 31, 2000, or three months after City notice, whichever is later, is hereby established as the date for property owners to be ready to receive underground service, and all such work shall be completed by such dates. 7. That Pacific Gas and Electric Company shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each premises in Underground Utility District No. 8 requiring it a maximum of one hundred feet (100') of individual electric service trenching and conductor, as well as backfill, paving and conduit, if required. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City. Each property owner in Underground Utility District No. 8 shall be responsible for the installation and maintenance of the conduit and terminal box located on, under or within any structure on the premises served. 8. That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 8 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date affixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of Saratoga Municipal Code Article 16 -70, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. PASSED and ADOPTED by the City Council of the City of Saratoga at a regular meeting held on the AYES: NOES: ABSENT: ABSTAIN: ATTEST: day of 19 by the following vote: City Clerk Mayor SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM S13 MEETING DATE: MAY 6,1998 CITY MGR.: ORIGINATING Dm.: COMMUNITY ENVIRONMENT PREPARED BY: SUBJECT: Resolution calling for a Public Hearing in connection with the Saratoga Underground Utility District No. 8 located along Saratoga Avenue between Fruitvale Avenue and Baron Court. RECOMMENDED MOTION(S): Move to adopt the attached Resolution setting a public hearing on the formation of Underground Utility District No. 8 located along Saratoga Avenue between Fruitvale Avenue and Baroni Court. REPORT SUMMARY: Attached is a Resolution which, if adopted, will establish a date for a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of utility poles and overhead wires along Saratoga Avenue between Fruitvale Avenue and Baroni Court, pursuant to Municipal Code Section 16- 70.020. The public hearing is the initial step in establishing an underground utility district. The area proposed to be included within Underground Utility District No. 8 (see attached map) has been identified as the first priority for the expenditure of funds allocated to Saratoga under PUC Rule 20A. PG &E's "Order of Magnitude" cost estimate for District No. 8 is $645,000. FISCAL IMPACTS: There are no direct costs to the City. The cost of removing overhead utilities and oles 1 within the public rights -of -ways and public easements is funded through Rule 20A allocations. The cost of conversion of overhead utilities and poles located on private property and within private utility easements will be paid by the various property owners. FOLLOW UP ACTIONS: A public hearing will be held on June 3, after which the Council can opt to form the District. CONSEQUNCES OF NOT ACTING ON THE RECOMMENDED MOTIONS: The public hearing would not be scheduled and the formation of Underground District No. 8 could not proceed. ATTACMENTS: -1. Resolution calling for a public hearing on the formation of Underground Utility District No. 8. 2. Underground Utility District No. 8 boundary map. AYES: NOES: ABSENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON SARATOGA AVENUE BETWEEN FRUITVALE AVENUE AND BARONI COURT BE IT RESOLVED by the Council of the City of Saratoga, as follows: WHEREAS, Municipal Code Section 16- 70.020 establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, it has been recommended that such underground utility district, hereafter called Underground District No.8, be formed on Saratoga Avenue between Fruitvale Avenue and Baroni Court. ATTEST: RESOLUTION NO. 98-09 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held, by the Council of the City of Saratoga on June 3, 1998, at the hour of 8:00 P.M. in the Council Chambers of the City Hall, 13777 Fruitvale Avenue, Saratoga, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. 2. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 3. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned at least ten (10) days prior to the date of the public hearing. 4. The area proposed to be included in Underground District No.8 is shown upon that certain map entitled Saratoga Underground District No. 8, dated April 15, 1998, which is on file in the Office of the City Clerk of the City of Saratoga. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 6th day of May, 1998, by the following vote: Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe None I L Zi 2 aP e None Ci Ma or Deputy City Clerk :r FISCAL IMPACTS: SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: JUNE 3,1998 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS PREPARED BY: SUBJECT: Public Hearing in connection with the Saratoga Underground Utility District No. 8 located along Saratoga Avenue between Fruitvale Avenue and Baroni Court. RECOMMENDED MOTION(S): At the conclusion of the Public Hearing, determine whether to direct staff to prepare a Resolution forming Underground Utility District No. 8, located along Saratoga Avenue between Fruitvale Avenue and Baroni Court, for adoption at the June 17 City Council Meeting. REPORT SUMMARY: At the Council Meeting of May 6, Resolution No. 98 -09 was adopted setting a public hearing on the formation of Underground Utility District No. 8 for June 3. The Notice of the Public Hearing (attachment 1) was sent to all property owners within proposed Underground Utility District No. 8 and published in the Saratoga News. The public hearing is the initial step in establishing an underground utility district. The area proposed to be included within Underground Utility District No. 8 was previously identified by the City Council as the first priority for the expenditure of funds allocated to Saratoga under PUC Rule 20A. PG &E's "Order of Magnitude" cost estimate for District No. 8 is $645,000. Staff received two letters from property owners within the proposed District since Notices were sent out on May 15. Concerns raised in the first letter (attachment 2) were addressed by Staff through a letter to the property owner (attachment 3), and concerns raised in the second letter (attachment 4) were addressed by Staff via a phone conversation with the property owner. At the conclusion of the Public Hearing, Council can opt to direct staff to prepare a Resolution to form Underground Utility District No. 8 at its next regular meeting. There are no direct costs to the City. The cost of removing overhead utilities and pules located within the public rights -of -ways and public easements is funded through Rule 20A allocations. The cost of conversion of overhead utilities and poles located on private property and within private utility easements will be paid by the various property owners. For a typical residential property within the District, the cost to convert existing overhead utilities to underground can range between $500 and $2,500. FOLLOW UP ACTIONS: Depends on Council's decisions after the Public Hearing. If the wants to proceed with formation of the District, staff will prepare a Resolution to form Underground Utility District No. 8 for your June 17 meeting. CONSEQUNCES OF NOT ACTING ON THE RECOMMENDED MOTIONS: Staff would not prepare a Resolution forming Underground District No. 8 and the District would not be formed. ATTACMENTS: 1. Notice of Public Hearing. 2. Property Owner Letter No. 1. 3. City response to Attachment No. 2. 4. Property Owner Letter No. 2. NOTICE OF HEARING BEFORE CITY COUNCIL Notice is hereby given that the Deputy City Clerk of the Saratoga City Council, State of California, has set Wednesday, the 3rd day of June, 1998, at 8:00 p.m. (or earlier if public hearings are reached before 8:00 p.m. on the agenda) in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearing: To ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereafter called Underground District Number 8, to be formed on Saratoga Avenue between Fruitvale Avenue and Baroni Court. All interested persons may appear and be heard at the above time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or Li written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council's information packets, written communications should be filed on or before the Thursday before the meeting. A copy of any material provided to the City Council on the above hearing(d) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue, Saratoga. Questions may be addressed to the Deputy City Clerk, 868 -1269. /s /Grace E. Cory Deputy City Clerk D 7x 44,427- c q "7/ -y.3 ,l i /2lLI 4/L4 &Lc__ 6-4-8-6e—e.,, I kter v i s‘ J t t [.c�v2c Cd L' d- 2- itbleAtt. (--(itiZettc-c- May 28, 1998 Paula Wallace P.O. Box 963 Saratoga, CA 95071 Dear Ms. Wallace: I am responding to your May 18 letter 'in regards to the proposed formation of Underground Utility District No. 8, located along Saratoga Avenue between Fruitvale Avenue and Baroni Court. In your letter you asked six questions regarding the Underground District which I will attempt to answer below. 1. The location of this particular project emerged as the top ranked location approximately three years ago and is the 8 such district to be formed by the City since the early 1960's. Other areas targeted for future underground districts are: Saratoga Ave. from Baroni Ct. to the Village, Saratoga Sunnyvale Road from Brookwood Ln. to Cox Ave., Oak St., Quito Rd. from Lawrence Expwy. to Sobey Rd., and Prospect Road between Saratoga Sunnyvale Rd. and Saratoga Creek. 2a. See No. 1. 5. See number 4. COEUW ©0 DE 03 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868- 1200 COUNCIL MEMBERS: Stan Bogos,a» Pau/ E. Jacobs GNl,2n h1, ran Jirr St av Dona: c 11'oiie 2b. Since underground utility districts do not use City funds, it is not necessary to have a public vote or issue bonds for these types of projects. The public hearing is, in effect, the affected public's opportunity to "vote" on the proposed project. 3. Removal of overhead utility systems which create visual blight within the community and which are more. susceptible to system interruptions and outages lends a "public necessity" to the project. 4. Undergrounded utility systems are more reliable, are: less susceptible to vandalism and natural disasters, and are generally safer for the general public. 6. This is the 8 proposed district in approximately 40 years. It takes five to seven years for the City to build up enough allocations to perform an underground project. There is no rush to complete this particular project. Rather, this is the next priority project in a long succession of projects. If you have any additional questions or need any additional information about Underground Utility District No. 8 please call me directly at 868 -1223. Sincerely, Q(L4tP"—....1 John Cherbone Assistant Engineer City of Saratoga, Council Members 13777 Fruitvale Ave. Saratoga, Cal. 95070 RE: RESOLUTION 98 -09 Gentlemen: Yours truly, 13631 Saratoga Ave Saratoga, Cal. 95070 May 27, 1998 I am a widow of 14 years, exist on a fixed income, live in my 82 -year old house builty by ay ancestors which stands in the middle of my 3 acres. It was electrified and phone put in at the time it was built. There are two telegraph poles on my property and one along the street at the top of the property. There would be an estimated 400 to 600 feet to my house, depending on how underground cable could be brought to the house. Then there are sidewalks, mature landscaping, and a hand -made rock patio (set in cement by my husband -he brought every rock from the Saratoga Creek years ago which at that time ran through our property) surrounding the house. I do not want this destroyed. Mature trees a great oak, pines, plus orchard trees would surely be damaged by underground trenching. I don't think the envivonmentalists would approve! If the telegraph poles on my property could be left intact, with underground cable just running to them, and the overhead lines continued to myhouse, I am all for putting the street poles equipment underground. Otherwise, I could not afford to pay the expense of going "underground without a great deal of hardship. I would like the City Engineer to come and look at my property, give me an estimate of costs, and devise a plan for my property that would not destroy existing amity. °66JTJ .Q.,1\-.) TIME: Tuesday, October 27, 1998 6:00 p.m. PLACE: Adult Care Center, 19655 Allendale Ave. TYPE: Adjourned Regular Meeting 1. Roll Call SARATOGA CITY COUNCIL Mayor's Report on Closed Session No decisions were made. Closed session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE ERFORMANCE EVALUATION Title: City Manager The meeting was called to order at 7:05 p m: Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Also present were City Manager Perlin, Community Development Director Walgren, Acting Public Works Director Cherbone Administrative Services Director Mary Jo Walker, and Parks and Recreation Director Pisani. 2. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 23. The notice of adjournment from the October 21 Council meeting was properly posted on October 22. 3. Oral Communications from the Public on Non Agendized Items None. 4. Commission Chair Reports Public Safety Commission Frank Lemmon Mr. Lemmon reported on the following activities of the Commission: Resolving traffic problems relating to pickup and delivery of children at schools (Marshall Lane, Redwood, Oak Street, Blue frills). ALTRANS citywide subscription bus system to transport kids to and from school Prides Crossing neighborhood traffic study contractor chosen now collect data, update Circulation Element, define and implement traffic calming plan. Argonaut Shopping Center redevelopment traffic plan J. Walgren talked about the environmental initial plan for the Argonaut project, stating that it did address traffic. Steve Blalock, representing ALTRANS, talked about the plans they have and how the entire City could eventually be served by their program.. He described what is taking place and what is planned including the purchase of two new vans. Parents pay $4.50 a day. Youth Commission Alex Scordelis Mr. Scordelis reported that Commission members are all Saratoga residents and are from Saratoga High, Bellarmine High, Lynbrook High, Redwood Middle School, and Sacred Heart Middle School. He talked about their fundraising activities including the Saratoga Parade and street dance. Other events were dances for middle schools, a monthly series of concerts at Warner Hutton House for high school kids, involvement in hiring of a new director for the Wamer Hutton House, tutors for middle school, and a disciplinary board. He said future events include concerts, dances, and fundraising for the Warner Hutton House attic conversion which should be done by the end of the year. City Council Minutes 2 October 27, 1998 Finance Commission Nick Streit, Chair Mr. Streit said the Commission had been charged with completing five -year revenue and expenditure projections for the City. He reviewed their progress and the work plan which included indirect cost allocation, budget document improvement, recreation program full cost recovery, enhanced description of expenditures on checks, formats for monthly financial reports to council, technology programs, hillside street repair funding and mitigation. Planning Commission Marcia Kaplan She said she was pleased with the resolution of the fireplace issue. The Commission would be dealing with the general plan and circulation element, the adult business ordinance and downtown development, Sisters of Notre Dame, Azule Crossing, Argonaut Shopping Center, Navico, Spaich/Hayfield, IOOF, and Mountain Winery. She talked about the discussion held at the last joint meeting in regard to Heritage Preservation. Councilmember Jacobs raised questions about the parking plan at Argonaut, noting he thought the City should discourage perpendicular parking. Councilmember Bogosian said he was pleased with the expanded Commission minutes, stating that it makes it easier for City Council to understand the Planning Commission's decisions. In reference to the circulation element, Community Development Director Walgren said the first step was developing a work program, then outlining how various groups will be involved. Library Commission Marcia Manzo, Chair Ms. Manzo outlined the Commission's main objective and emphasized the need for space. She said they are losing books because there is no room. She expressed hope for Council support to do a bond measure after educating the citizens. They were sending out two fact sheets on the Commission. She also expressed concerns about the deterioration of the landscaping. She said she was very pleased with the solution the JPA Board made about the Internet access and pornography issue. Mayor Wolfe stated that the Friends of the Library are very important and talked about the membership drive. Councilmember Bogosian talked about the JPA discussions regarding the building policy. Alex Scordelis said the Youth Commission would be interested in helping convert the Warner Hutton House attic to a study area which would help relieve the space problem at the library. Mayor Wolfe was informed that each library in the county system has a different collection Heritage Preservation Commission Norm Koepernik He said the Commission consists of hardworking members. The Commission will be working on the following: They are anticipating going back into the decorator showcase type of housing including public tours. Education. Continuing the resource inventory book. They would like to be more involved in decisions with the Planning Commission and City Council (downtown and design aspects of the Village for example). Mayor Wolfe talked about the Village guideline book and the picture book of heritage treasures. Discussion followed regarding the difficulty of preserving residences and retaining the quality of the Village Parks and Recreation Commission Kay Whitney, Chair City Council Minutes 3 October 27, 1998 Ms. Whitney described the Park Development Fund Projects: Playfield development and joint use agreements Trail improvements grant program and trail map Councilmember Moran announced that the Blue Hills Elementary School meeting scheduled for November 12 had been changed to November 19. 5. Quarterly Program and Major Project Review City Manager Perlin referred to the report, stating it was much lengthier than usual because it was compiled from separate reports submitted by department heads and staff. Councilmember Jacobs asked when the Saratoga Avenue Underground Utility District project (Item 5.D.3) would be started. City Manager Perlin said the public hearing would be continued on November 18. He said it would take PG &E 10 -12 months to design the project after the district is formed. Discussion followed about the traffic backups on Saratoga Avenue during recent construction and how to deal with those backups in the future. Acting Public Works Director Cherbone said they might have to restrict hours of construction. A. City Manager's Office: 3) ALTRANS Project Update Steve Blalock, representing ALTRANS, said the City Manager has the final report on the work they did this year. He highlighted two projects: 1. Car pool program. 2. Shuttle and busing program. Dr. Bernard talked about the response to the program. 1) Recruitment and Reorganization Issues City Manager Perlin reviewed the report, noting that recruitment for the City Clerk is halfway complete at this time. 2) City Council Policy Manual on hold for new City Clerk B. Community Development Department: 1) Circulation Element Update Community Development Director Walgren said this will be postponed until early in 1999 so they can complete the General Plan executive summary. He said it would probably be a 5 -6 month project. 2) General Plan Executive summary 3) Adult Business Ordinance 4) Downtown development roundtable 5) Major development projects update C. Administrative Services Department: 1) FY 97 -98 Year -end Audit Update 2) MIS Update Mary Jo Walker reported that Brad Brown, a consultant retained by HTE, had met with staff regarding implementation. He will be producing a report for Council. She thought implementation could be completed within three or four months. She also talked about the Y2K issues and said recommendations will be spelled out in the report. Councilmember Moran requested that there be an executive summary of the report and said she would like to know how it has improved productivity and service delivery. 3) 5 -Year Financial Plan 4) Hillside Infrastructure Reserve Requirement 5) New Volunteer Efforts City Council Minutes 4 October 27, 1998 Councilmember Moran referred to Item 5.B.4), Downtown development roundtable, and asked if staff wanted direction on this issue. Community Development Director Walgren said they did want to know if this is how Council wanted them to pursue the program. Discussion followed regarding identification of stakeholders, setting ground rules, and what they want to talk about at the roundtable. Community Development Director Walgren suggested that they might want to get through the circulation element and general plan prior to the roundtable. He added that there has been extensive involvement by merchants in the current Saratoga Village Plan and Saratoga Village Design Guidelines which are relatively up to date. Councilmember Shaw agreed and said that without spending a lot of time and effort they could frame the concept and put it out to the business community and try for feedback while they work on other projects. D. Public Works Department: 1) Capital Projects Update a. Quarry Creek Wetlands Mitigation (Project 9109) b. Quito Road Bridge Replacements (Project 9111) c. ADA Improvements (Project 9302) d. Quito Rd. Sidewalk (Project 9501) 2) Park Development Projects Update (Project 9704) a. Hayfields Development b. Wildwood Park Restrooms c. Kevin Moran/Gardiner Park improvements d. Community Center Renovations e. Trail Improvements f. Heritage Orchard Water Well 3) Saratoga Ave. Underground Utility District 4) Hakone Caretakers House Renovation 5) Sr. Center Improvements 6) Civic Theatre Renovations 7) Prides Crossing Traffic Study 8) Infrastructure Report CIP Development 9) Pavement Management Program Work 10) Saratoga Sunnyvale Rd. (ISTEA Project Relinquishment efforts) 11) FEMA Disaster 1203 Damages (Quarry Creek Repairs, including issues raised by Councilmember Bogosian) Council and staff discussed FEMA's policy on landslide repair, acceptance of public streets and engineering criteria in terms of building on the hillsides. City Manager Perlin noted that the cost of maintaining infrastructure in the hillside areas is far greater than in the flat part of the town. He said the sanitation district charges hillside property owners for the added cost of maintaining the sewer system in the hillsides. In addition there is a mechanism for potentially creating a maintenance district or special benefit district in the areas where it is known that the cost of maintaining the infrastructure is higher than the norm. Acting Public Works Director Cherbone highlighted the Quarry Creek Water Shed Erosion repair and described the two main components of the work. City Manager Perlin said it appeared that the City has a system that is maintainable. E. Recreation Department: 1) Warner Hutton House attic conversion Recreation Director Pisani said that after 10 months the plans for the Warner Hutton House are completed. They will accept informal bids and will aggressively pursue grants. City Council Minutes 5 October 27, 1998 2) Civic Theatre lighting system renovation Recreation Director Pisani reported that work will start after the Thanksgiving vacation and be completed within 4 -5 weeks. 6. Process for handling written communications City Manager Perlin passed out the report. He said Linda Burke prepared the outline which described the process for reviewing, logging, and placing items on the agenda (next one usually) if action is required. He said the goal is to respond within 10 days to those that do not require council action. He described how a specific letter would be handled. Councilmember Shaw suggested that the City Manager review responses prepared by staff members before they go out. Councilmember Moran suggested that they review the process in six months and see how it is working. 7. Self- Evaluation of Previous Meeting October 21 8. Agency Assignment Reports Solid Waste JPA Councilmember Moran reported that there will be a pilot project concerning abandoning of septic systems in Saratoga. Others who are interested are welcome to join in. Library Joint Powers Agenda Councilmember Bogosian said they had received a check for $200,000 from Infoseek. N. Cent. Flood Cont. Zone Adv. Bd.- Councilmember Bogosian reported on the public meeting in Sunnyvale, noting that the district will be asking the voters for money to fund flood control programs. He said he thought Saratoga residents want to protect life and property and the stream environment as well He said there would be an informal meeting about Calaba7as Creek. 9. Citizens Recognition None. 10. Other None. 11. Adjournment At 9:45 p.m. Mayor Wolfe adjourned the meeting in memory of Deborah Larson, Interim Assistant City Manager. Respectfully submitted, Roberta Wolfe Minutes Clerk TIME: Wednesday, November 4, 1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:30 Pledge of Allegiance Led by Councilmember -elect Evan Baker. Mayor Wolfe congratulated Mr. Baker, Nick Streit, and John Mehaffey who were recently elected to the Council. Mayor Wolfe also thanked Councilmember Gillian Moran for an outstanding job in serving on the Council. 1. ROLL CALL The meeting was called to order at 7:30 p.m. Council members present were: Bogosian, Jacobs, Moran, and Shaw, and Mayor Wolfe. Staff members present were City Manager Perlin, City Attorney Riback, Community Development Director Walgren, and Administrative Analyst Jacobs. Councilmember Moran congratulated Mayor Wolfe for being elected to the West Valley College Board of Trustees. City Manager Perlin indicated that the City Attorney had requested adding an item to the agenda, explaining that the item carne up after the agenda was posted MORAN /SHAW MOVED TO ADD THE ITEM FROM THE CITY ATTORNEY TO THE AGENDA UNDER ITEM 4A, COMMUNICATIONS. PASSED 5 -0. 2. CEREMONIAL ITEMS A. Resolution commending Karen Ceppos for Service on Library Commission MORAN /JACOBS MOVED TO ADOPT RESOLUTION. PASSED 5 -0. Ms. Ceppos was not present to accept the resolution. 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 30. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS MINUTES SARATOGA CITY COUNCIL City Attorney Riback reported that an issue had come to his attention which required a City Council decision prior to the next Council meeting. He explained that the issue would require the City of Saratoga lending its name to an amicus brief in a lawsuit of the California Housing Council v. the City of Malibu. Mr. Riback conveyed that the issue was whether or not Malibu's housing program must follow the recommendations of the State Department of Housing and Community Development (HCD). Malibu, after numerous public hearings, adopted several amendments to its housing act. HCD questioned the validity of those amendments. Malibu disagreed with HCD and proceeded to adopt the amendments. The California Housing Council (CHC), a nonprofit organization, brought suit against Malibu arguing that the interpretation and recommendations made by HCD must be followed by Malibu or any other local governmental agency. The Superior Court denied CHC's petition and rejected the interpretation of the law; however, CHC is now appealing the decision. Mr. Riback noted this was a very important issue to determine whether or not cities will retain the City Council Minutes 2 November 4, 1998 authority to enact legislation with regard to their housing ordinance without having to abide by every recommendation and interpretation that HCD makes relative to housing. The League of California Cities along with the City of Malibu is requesting that all cities participate in this particular action by lending the city's name to an amicus brief at no cost to the City. The purpose of lending the city's name would be to make a point that this is a statewide issue, not an issue exclusive to the City of Malibu. A discussion ensued and Mr. Riback responded to Council members' questions. BOGOSIAN /SHAW MOVED TO ADD THE CITY OF SARATOGA'S NAME TO THE CASE. PASSED 5 -0. B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS None. 5. CONSENT CALENDAR A. Previously discussed Items None. B. New items 1) Planning Commission Actions, 10/28 Noted and filed. 2) Resolution 98 -35 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 Councilmember Moran removed Item 5 -B -5 from the Consent Calendar. She thanked staff for a clear report and commented that it is wise for the City to change auditing firms more frequently. MORAN /SHAW MOVED TO APPROVE AGREEMENT. PASSED 5 -0. 6) Resolution prohibiting U -Turns on Fruitvale Avenue Councilmember Jacobs removed Item 5 -B -6 from the Consent Calendar. He expressed he was not convinced that eliminating the right to make a U -turn would improve the situation. Describing the staff report as sketchy, he requested additional information, asking whether the schools had been pursuing the issue, the extent of the problem, the number of accidents etc. City Manager Perlin responded that a task force composed of representatives from the middle school, Sheriffs Department, City, West Valley College, and Public Safety Commission reviewed the traffic congestion along Fruitvale Avenue and they all agreed the best solution was to move the U -turn south. Councilmember Bogosian indicated he would be willing to try the recommended action; however, he would hesitate to move the U -turn too far down Fruitvale because it becomes two lanes further south. Councilmember Jacobs asked whether the U -turn prohibition could be restricted to certain hours. Councilmember Moran proposed approving the resolution and evaluating the issue at the end of 12 months. MORANBOGOSIAN MOVED THAT RESOLUTION NO. MV -231 BE ADOPTED FOR 12 MONTHS AND THAT THE ISSUE OF THE U -TURN PROHIBITION BE RE- EVALUATED AT City Council Minutes 3 November 4, 1998 THE END OF 12 MONTHS. PASSED 4 -1 (Jacobs opposed.) MORAN /SHAW MOVED TO APPROVE CONSENT CALENDAR ITEMS 5 -B -1 THROUGH 5 -B- 4. PASSED 5 -0. C. CLAIMS AGAINST THE CITY None. Mayor Wolfe moved the agenda to Item 7. 7. OLD BUSINESS A. Final Map Approval, Tr. 9101 located at 13480 Saratoga Avenue (Owner: Fitzsimmons) City Manager Perlin introduced the item. Community Development Director Walgren presented the staff report, noting that staff had met with the neighbors and that their concerns had been addressed. Councilmember Moran indicated she had spoken with Mrs. Miriam Frazier who was pleased that staff had met with her. BOGOSIAN/MORAN MOVED TO APPROVE THE FINAL MAP. PASSED 5 -0. Mayor Wolfe moved the agenda to Item 6. 6. PUBLIC HEARINGS A. Proposed Formation of Underground Utility District Number 8 (Saratoga Avenue between Fruitvale Avenue and Baroni Court) (continued from September 2) City Manager Perlin explained that staff's recommendation was to continue the hearing for another two weeks. BOGOSIAN/MORAN MOVED TO CONTINUE THE HEARING TO NOVEMBER 18. PASSED 5 -0. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 8. NEW BUSINESS None. 9. ROUTINE MATTERS A. Approval of Minutes 10/21 JACOBS/MORAN MOVED TO APPROVE MINUTES OF 10/21. PASSED 4 -0 -1 (Mayor Wolfe abstained as he was absent from the 10/21 meeting.) 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting There were no items scheduled for November 10, and the meeting was canceled. B. Other City Council Minutes 4 November 4, 1998 i. Councilmember Bogosian referred to the action taken by the Saratoga Union School District Board of Trustees regarding removal of trees at Saratoga Elementary School.. He has been asked by his constituents if the City or the City's Tree Preservation Ordinance or Historical Preservation Ordinance have any jurisdiction over trees subjected to similar action. With support from Councilmember Shaw and Mayor Wolfe, Councilmember Bogosian asked the City Attorney to look into this matter and report back to the Council. ii. Councilmember Moran asked the City Attorney to review the planning process in the design of public facilities to assure that they follow the same rules that apply to others. Mayor Wolfe proposed that the City Attorney review what other cities are doing regarding this issue. 11. CITY MANAGER'S REPORT City Manager Perlin reported he would be attending the League of California Cities Legislative Workshop in San Jose on November 6. The workshop addresses legislation effective January 1, 1999, affecting California cities. City Manager Perlin reported on the Recreation Department activities. Councilmember Bogosian reported he would be attending a Pacific Gas Electric Company briefing regarding winter preparedness. Councilmember Bogosian reported he would be attending a Santa Clara Valley Water District discussion regarding the sunset of the benefit assessment for the North Central Zone. City Manager Perlin stated he would be distributing a list of all City Council assignments and schedule of meetings in the future in anticipation of the Council reorganization. 12. ADJOURNMENT The meeting was adjourned at 8:15 p.m. to the next meeting on November 18, 1998. Respectfully submitted, Lynda Ramirez Jones Minutes Clerk �lt