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Home My WebLink About03-05-1986 City Council Agenda packet3 -f /gJ't AGENDA BILL NO. /O©2 2' DATE: March 5, 1986 DEPT.: City Manager SUBJECT: Fiscal Impacts: Exhibits /Attachments: Establishment of position of Deputy Treasurer Sunmary Since the resignation of the City Treasurer in 1981, the City Council has designated the City Manager to serve as City Treasurer. Effective. May 1, 1985, a Deputy City Treasurer was appointed to carry out some of the daily duties on a contractual basis. Since that time, Clement Ford, a retired public accountant, has been fulfilling the duties as an independent contractor. The attached resolution establishes the position of Deputy City Treasurer as a regular part -time permanent position. Compensation does not include City employee benefits. Recommendation increases Mr. Ford's compensation by $50 per month. 1. Resolution No. 85 -9.66 2. Job Description AGENDA ITEM 7t CITY MGR. APPROVAL 4qK.6 Council Action 3/5: Approved. CITY OF SARATOGA Recommended Action: Adopt Resolution No. 85 -9.66 Appoint Mr. Ford as Deputy City Treasurer, at a salary of $650 per month, effective March 1, 1986. RESOLUTION NO. 85 -9.66 A RESOLUTION FURTHER AMENDING RESOLUTION NO. 85 -9, AS AMENDED, ADDING TO BASIC SALARY CLASSES AND EMPLOYMENT POSITION CLASSIFICATIONS FOR THE EMPLOYEES OF THE CITY OF SARATOGA The City Council of the City of Saratoga hereby resolves as follows: Section 1: Section 2.1 of Resolution 85 -9 is amended as follows: Section 2.1: Employment Position Classifications Employment position classifications, typical duties and employment standards are amended to include the position of Deputy Treasurer, specifications attached hereto and incorporated by reference. Section 2:, Applicability This Resolution amends Resolutions No. 85 -9.62 and 85 -9, of the City of Saratoga. This Resolution is an expression of existing policy of the City of Saratoga and is subject to modification and change by the City Council from time to time. Nothing herein contained shall be construed as creating or establishing any of the provisions hereof as terms of any contract of employment extending beyond any period other than such period as during which this Resolution is in full force and effect. This is to say, that any employee of the City of Saratoga during the effective period of this Resolution shall have such employment rights and duties set forth herein only during such period of time as this Resolution remains in effect, and not afterward. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of Saratoga held on the 5th day of March, 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR City of Saratoga March, 1986 DEPUTY CITY TREASURER DEFINITION The Deputy City Treasurer performs a variety of administrative support functions to assist the City Manager /City Treasurer in the financial management of the City, under the general administrative direction of the City Manager /City Treasurer. DISTINGUISHING CHARACTERISTICS This is a part -time position requiring specialized knowledge of bookkeeping and accounting procedures. EXAMPLES OF WORK Performs reconciliations of monthly bank statements and maintains the Treasurer's daily Cash Book. Oversees the controls and records which are maintained on the receipt, deposit and disbursement of all monies in City custody Manages the safe keeping of all monies deposited to the City Treasury and investments of same in accordance with City investment policy Prepares a monthly Investment Report on the status and activity of all investments and deposits maintained by the City Prepares the quarterly and annual Federal and State payroll tax forms In the absence of the City Treasurer, assumes the responsibilities and duties of the City Treasurer Performs miscellaneous tasks as assigned by City Treasurer QUALIFICATIONS Knowledge of: Principles of accounting and bookkeeping; investment practices; and office practices and procedures. Ability to: Accurately perform financial analyses, research and reconciliations; accurately input, process, compute and reconcile financial data; acquire knowledge of applicable policies and regulations; acquire a knowledge of data processing procedures as related to financial systems and records; communicate and work effectively with other staff. Education and Experience: Sufficient education and experience to satisfactorily perform the duties, typically the possession of a Bachelor's Degree from an accredited college or university in business administration or related field and a minimum of two years of accounting experience. AGENDA BILL NO. Oc:Q DATE: March 5, 1986 DEPT.: Community Services CITY MGR. APPROVAL CITY OF SARATOGA SUBJECT: Proposed Summer Nature Camp Program Summary The Saratoga Parks and Recreation Commission has recommended the City sponsor recreation programs which utilize City parks. Toward that objective, staff is proposing a Summer Nature Camp at Wildwood Park. A total of eight sessions would be held between June 23 and August 15. Participants would be grouped into three different age categories starting with age three and a half through age ten. Each session would be two weeks long and would be a half day each. Activities planned during the sessions would include nature walks, outdoor cooking classes, arts crafts, songs, field trips, and story telling. Three additional temporary recreation positions would be added to administer the program. Fiscal Impacts: None are anticipated. Staff has estimated that the average attendance at each session will be eighteen. If the fee per participant is $48.00. The entire cost of the program, $6,700 will be recovered. Exhibits /Attachments: 1. Report from Community Center Manager 2. Appropriations Resolution Recommended Action: 1. Authorize staff to implement the program. AGENDA ITEM 0, 2. Adopt resolution amending current budget with an appropriation of $2,650 to start the program. Council Action 3/5: Approved. COTM ©2 0 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Director of Community Services FROM: Community Center Manager SUBJECT: Summer Nature Camp 9:00 a.m. 12:00 noon 9:00 a.m. 12:00 noon 1:30 p.m. 4:30 p.m. 1:30 p.m. 4:30 p.m. 32 5 years 5 7 years 5 7 years 8 -10 years DATE: Feb. 19, 1986 The Saratoga Community Center would like to implement a nature camp program this summer utilizing Wildwood Park. Camp sessions would begin June 23 and run through August 15, 1986. The number of sessions per age group, age of participants and camp times are listed below. 3 sessions 1 session 3 sessions 1 session A total of eight sessions will be offered throughout the summer. Only one age group will meet per time slot and the maximum number of participants per session will be 20. The number of sessions per::age group listed above seem to be what is popular in other communities. If we find our estimate is wrong, we will make the necessary adjustments. The Parks and Recreation Commission has long been interested in the Community Center's ex- pansion of programs into the City's parks. At its January meeting the Commission members were informed of this program and they were very enthusiastic. Day camps have done ex- tremely well in surrounding communities and in Cupertino last summer the camps were all full within the first few days of registration.,The natural aspect of Wildwood Park is perfect for a day camp setting. The park also has restroom facilities which is important when offering children's programs. The total cost of this program will be approximately $6,700. Start up costs, day to day supplies and camp t- shirts will be approximately $1,500. The balance of $5,200 will be for staff salaries. One senior leader and two recreation leaders will be hired. The weekly hours for each leader will be 39 including preparation, daily set -up and clean -up and weekly staff meetings. In Cupertino the City subsidizes their program and only charged residents $23. The Community Center will need to charge campers between $46 and $50 per session. If each session averages 17 or 1:8 participants the Center will recover its cost and the program will be self supporting. Although the total cost for the summer nature camp will be approximately $6,700, most of the cost will be incurred in the next fiscal year. It is felt this fiscal year an additional budget appropriation of $2,650 will be needed. We will need to advertise, interview and hire the three recreation leaders immediately and commit to eight weeks of employment during the summer. This first summer there will be a risk factor but I feel the program will be a success. Summer Nature Camp Feb. 19, 1986 (Page 2) J n Pisani Pe If the camps are more popular than we have estimated we would also like to have the authority to add more sessions. If you would like to get together and discuss this, please feel free to contact me. WHEREAS, it has been recommended by the City Manager that the following transfer of appropriations and increase in the present budget appropriations be made: NOW, THEREFORE, BE IT RESOLVED, that the budget of the City of Saratoga adopted by Resolution 2241 be amended as follows: Transfer: $2,650 from Unreserved Fund Balance to Appropriations Subsidiary: 21- 4004 310 -30 21- 4330 310 -30 Purpose: Funding of Summer Nature Camp program for start -up in current fiscal year. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the day of 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCREASING APPROPRIATIONS AND AMENDING THE 1985 -86 FISCAL YEAR BUDGET RESOLUTION NO. 2241. 1 Salaries $1,600 Recreation Supplies $1,050 Mayor AGENDA BILL NO. e l eal DATE: March 5, 1986 DEPT.: Community Services SUBJECT: Saratoga Child Care Study SuIffilary One of the goals Council approved in the FY 1985 -86 budget for the Community Center was to explore the feasibility of sponsoring.a day care program through the community center. Toward that objective, the League of Women Voters attempted to survey the City to determine the level of interest, and staff conducted research into what exist- ing and proposed day care resources are available to the Saratoga community. The responses to the League's survey suggested a low level of interest in day care, and staff has concluded that existing resources are adequate to address Saratoga's day care needs. Fiscal Impacts: None. No action is being recommended. Exhibits /Attachments: 1. Report by Community Center Manager 2. Report by Volunteer Coordinator Recommended Action: Note and file report. Council Action 3/5 Approved re. po rt CITY OF SARATOGA AGENDA ITEM LA E ©2 0 '2 MEMORANDUM 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 TO: Director of Community Services FROM: Community Center Manager SUBJECT: Saratoga Child Care Study DATE 1/14/86 Attached please find a child care study completed by Christi Moyer. Christi has outlined what's presently being offered in Saratoga, three cities offering child care services, state regulations and the League of Women Voters recent needs assessment survey. In Saratoga there are five public grammar schools. The three schools in the Los Gatos Saratoga School District have before and after school care. The programs are provided by a separate organization, the Los Gatos Saratoga Department of Community Education and Recreation. All programs are very successful and support themselves by fees and charges and also pay a 15% overhead fee to the Department of Community Education Recreation. The two other schools in Saratoga are Blue Hills in Cupertino School District and Marshall Lane in Campbell School District. These schools do not have extended day care but pro- grams are being planned to begin in the fall. In both districts there are several schools which have programs. When the district decides to have a day care center at a site they will except bids from private day care providers. The Cupertino School District has contracts with the YMCA, the Child Development Center and the City of Sunnyvale. The agencies rent space from the school district and provides the program at the school site. At this time there is one infant and toddler day care provider in Saratoga. Primary Plus offers programs at two sites. University Preschool is located on Saratoga Sunnyvale Road and Primary Plus has recently taken over the lease at the former El Quito School. Between the two sites approximately 150 infants and toddlers are provided day care. In September, 1985, Primary Plus began an infant care center. Presently there are 20 infants six months and older enrolled in the program. The school is expanding and it will soon be able to accommodate 45 infants. In conclusion, I feel the day care needs of infants and toddlers in Saratoga are being met. Primary Plus at their two locations provide a well rounded program for children six months through second grade. Their facilities are clean, warm and cheery. The staff I've observed seem to be friendly and caring people. Overall the program is very well organized, the environment is very pleasant and the fee is not prohibitive. The needs of school age children for day care will soon be met in all public schools in Saratoga. Page (2) Saratoga Child Care Study If a program was not planned for Marshall Lane and Blue Hills, I would recommend that the City get in the day care business as a self supporting community service. Each school district already recognizes the need of a before and after school program and will soon accept bids from outside agencies. I recommend the City not submit a bid and compete with private day care providers. I feel the school districts will contract with a good agency that will provide a quality program at a low cost. If you have any questions, please feel free to contact me. Jon Pisani JP:pe Attachments MEM®]R AN DIM TO: Joan Pisani, Community Center Manager DATE: December 16, 1985 FROM: Christi Moyer SUBJECT: Child Care Study 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 The League of Women Voters conducted a child care needs assessment survey and, although the results are not complete, they appear in this report. This report concerns the possibility of a city operated child care center, including what child care services are available in Saratoga on public and private levels. Attachments: Saratoga Child Care Needs Assessment Survey Private Child Care Facilities In Saratoga Public Child Care Centers In Saratoga The contents of this preliminary report indicate child care is available in Saratoga. The on- campus programs are more conducive to the child's need for stability and consistency in his early life and are less expensive. Private child care is more expensive. It offers the convenience of providing transportation, and is more practical to working parents as hours extend from 6:30 am to 6 pm. The public and private enrollment has proven the necessity and popularity of these programs. Through information gathered from the three city study, it is evident that child care can be provided without extra cost. Also, a city can ensure its residents of quality and affordable child care sharing the responsibility with its community. SARATOGA CHILD CARE NEEDS ASSESSMENT SURVEY The attached survey by the Saratoga -Los Gatos League of Women Voters, in general, is incomplete. Perhaps a follow -up questionnaire could be structured in such a manner that information regarding the working mother /single parent would be more clearly defined. For instance, question 1(b) "Do you work in Saratoga does not elicit a clear answer. A no answer could mean the respondent is not employed or does not work in the City of Saratoga. The numbers that appear in this initial survey imply some need and desire for additional child care services. Only 136 people responded to this survey from a population of nearly 30,000 Saratoga residents. A better response would have created a more significant survey. LEAGUE OF WOMEN VOTERS LOS GATOS SARATOGA SARATOGA CHILDCARE NEEDS ASSESSMENT SURVEY The Los Gatos Saratoga League of Women Voters has undertaken a study of childcare needs In the City of Saratoga. Your cooperation in answering this short questionnaire will help us to direct our focus regarding the role for a community program to assist and encourage current and potential childcare providers to meet these needs. Please return the completed questionnaire to the Saratoga Center in one of the following ways: 1. with your class sign -up 2. by mail to the Saratoga Community Center at 13777 Fruitvale, Saratoga, CA 95070 3. hand it in at the Center at 19655 Allendale, Saratoga. If you have received this questionnaire from more than one source, please return only one. Thank you for helping us to serve you. 1. ■a) Are you a Saratoga resident? 132 yes 4 no (b) Do you work in Saratoga? 24 yes 99 no If you answered yes to either or both of these questions, please complete and return this questionnaire. 2. How many children do you have living with you in each of the following age groups (including those you are expecting if you are now pregnant)? 0 -23 mos. 41 2 -5 yrs. 9 7 6 -8 yrs. 43 9 -12 yrs. 39 13 -l- yrs 42 3. Are you a single parent and, if so, what is your sex? Yes 8 No 118 Male 1 Fers? 5 No response 10 No response 12 2 4. Circle the size of your household (including children you are expecting if you are pregnant) and, in the column for that size category, indicate your combined household income range. 3.tnembers 4 -5 members 6.7 members 8 or more members Under $15,000 3 Under $19,000 0 Under $21,000 0 UnderS23,000 0 $15,001- 24,000 5 $19,001- 29,000 1 $21,001- 32,000 0 $23,001- 34,000 0 $24,001- 33,000 1 $29,001- 39,000 7 $32,001- 44,000 0 $34,001- 46,000 0 Over $33,000 30 Over $39,000 79 Over $44,000 6 Over $46,000 0 5. Place an X by those childcare services you currently need or anticipate needing over the next five years. Place 2 Xs (XX) by those you are currently using. (NOT TABULATED YET Drop -In Care Infant Care Preschool Care Before School Care After School Care Evening Care Night Care Sick Child Care 6. Would you prefer childcare: Near Work 13 Near Home 78 On School Site 63 7. How many days a week do you or would you need childcare services? 1-2 days 32 3 5 77 6 -7 3 No response 23 8. How many hours a day do you or would you need childcare services? 1 -3 hours 43 4 -6 3 0 7 -10 39 Over10 1 No response 22 9. Indicate the number of children and their ages for whom you are currently using each of the following categories of childcare provider. (Check here if none currently used: Children Ages One -9 Age Four+ Non licensed home 22 15 7 Licensed home 27 18 9 Day care center with educational program 39 31 11 Day care center without educational program 3 0 3 School "clubhouse" 28 1 27 Employer provided day care 2=' 2 0 Other (please specify 52 27 No response 13 ,PRIVATE CHILD CARE FACILITIES IN SARATOGA There are 17 licensed "in- home" day care businesses in Saratoga. As a guide, this county averages 6.9 children per home. ACTION DAY CARE NURSERY CENTERS University Preschool, 13650 Saratoga Sunnyvale Rd. Ages 2 through 7 years. Preschool and full day care provided. Registration fee $30. Preschool full day care (7 am to 6 pm) $60 a week or $14 a day.* Toddler full day care (7 am to 6 pm) $95 a week or $20 a day.* Toddlers need not be toilet trained. Snacks will be provided. Full day students bring their own lunch. University Preschool is licensed for 39 children. There are only a few preschool openings at this time. Primary Plus, 13500 Quito Rd. Infant Toddler Program accommodates children ages 6 months to 21/2 years. Registration fee is $30. Full day care (6:30 am to 6 pm) $95 a week.* Full day students bring their own lunch.. Snacks are provided. Extended day care program (after school) provides care for school age children. Registration is $30. After school care (until 6 pm) $210 per month. Transportation is provided from local school sites. Primary Plus includes children from seven different schools. Openings are available. *Full day care: 5 or more hours of care. PUBLIC CHILD CARE CENTERS IN SARATOGA Three elementary schools in Saratoga have on- campus extended day care. These programs are offered by the Los Gatos Saratoga Depart- ment of Community Education and Recreation in cooperation with the Day Care Committee and the Los Gatos Saratoga School District. (Day Care Committee consists of parents who use the program and act as an advisory committee.) All of the Department's day care programs are self supporting. The Los Gatos Saratoga Recreation Department retains 15% of the fees to cover administrative costs. Profit from the programs goes directly for materials and equipment. Schools with extended day care programs in Saratoga are: ARGONAUT /THE CLUB HOUSE Argonaut's day care program is held at the school site in a portable classroom owned by the school district. The director is Kay Mendoza. At peak times (2 to 5) the program averages 60 children per day, in- cluding before and after school programs. Clubhouse hours are from 7 :30 to 10:00 am and from 12 :30 to 5:30 pm. There is a $2.00 fee per child per hour. FOOTHILL /FOOTHILL AFTER SCHOOL PROGRAM /FASP Foothill's day care program is held in the school cafeteria. Pat Bleakely is the director. The program averages approximately 30 children a day. Foothill's parent organization has the "before school" care program with hours from 7:30 to 9:45 am. The afternoon program, run by the Los Gatos Saratoga Recreation Department, is open from 1 :00 to 5:15 pm,,and is only $1.50 per hour per child. SARATOGA SCHOOL -OAK STREET CLUBHOUSE This program is also held in the school's cafeteria. The director is Kay Evans. Hours are 8 to 9:45 am and noon to 4 :15 pm. There is a $2 fee per hour per child. Snacks are served from 9 to 3pm at all of the aforementioned day care programs. The programs involve arts and crafts, sports activities, cooking and special events. There is a 50 discount per hour for the second child in the same family. A $5 per five minute fine is issued to parents who are late to pick up their child beyond a ten minute grace period. All students have the opportunity to apply for a scholarship to subsi- dize day care cost. The revenue gained from the program fees is used to aid lower income, needy families. These school programs are considered successful and self supporting through the revenue generated from fees. basis. Rec Leader III Rec Leader IV Rec Staff Aide Skills Training General Supplies Mileage Special Services A THREE CITY DAY CARE PROGRAM STUDY of Sunnyvale, Belmont and Irvine Sept. $72 Oct. $92 Nov. $72 Dec. $60 CITY OF SUNNYVALE Sunnyvale, along with other cities studied, recognized the need for structured and supervised programs for children after school. This was due to changing community conditions such as the increase in the number of women in the workforce, the increase in single heads of household,` and the upswing of unsupervised "latchkey" children. Currently Sunnyvale's day care program, After School Pals,Program, at Nimitz School is in the pilot stage at only one site. However, all indications are that this program will grow. Jim Niskanan, the Sunnyvale Recreation Supervisor, shared this budget information on his pilot program, the entire cost being offset by re venue generated from fees. ACCT. NAME /CLASSIFICATION Located at a classroom at Nimitz School, Sunnyvale's Afterschool Pal's Program offers a variety of activities (crafts, study time, low organ- ized games, music and drama.) Hours: Mon -Fri 2 :45 to 5 pm, with staff available to supervise children until 6:00 pm. FEE: Afterschool Pals is $4 per day, to be paid on a monthly HOURS COST 720 720 900 3628 3996 6048 100 1000 100 200 TOTAL $15,072 P) A DT Avcu P6 The City of Belmont began their Day Care program with a small two hour preschool program at their community center. As the Community's need for child care grew, the program has expanded to an unused elementary school which the Community Center leases. A variety of program classifications are available to children ages 3 to 10 years, including full time, part time and hourly child care. Extended Day Care and a preschool program are also offered. After school bus service is available from the local elementary schools to the Day Care site for $1.00 per day per child. Classification Full Day Care Part Time Care Extended Day Care Hourly Care Preschool Program Preschool Program Fee: 5 days $42 4 days $35 3 days $28 2 days $19 CITY OF BELMONT TUITION Ages Served Description 3 -5 Monday- Friday Between operating hours of 7 :00 am and 6:00 pm 25 Hrs. per week 25 Hrs. per week 3 -5 5 -10 3 -10 3 -5 Mon., Wed., Fri. 9:00 am -11 :45 am 3 -5 Tues., Thurs. 9:00 am -11 :45 am A registration fee of $20.00 per child is payable upon enrollment. Children withdrawn from the program for a period greater than 4 months must resubmit enrollment fee. CITY OF IRVINE Cost $220.00 Monthly 160.00 Monthly 160.00 Monthly 2.00 Per Hour 45.00 Monthly 30.00 Monthly The City of Irvine child care program was instigated through a report made by a professional consulting firm. The firm estimated that 70% of mothers in Irvine with children ages 6 -17 years were in the labor force. The City of Irvine has established a Child Care Coordinator Office, dealing with technical assistance, information dissemination, coordination and promotion of the development of the city' -s child care programs. The Coordinator's office also publishes a complete list of child care programs offered in Irvine. This is mailed in the Community Services Brochure on an annual basis. The City of Irvine's child care programs, Kids Klub, are located at four city parks in portable classrooms. The well rounded recreation program of activities includes games, crafts, nature lore, puppetry, drama, cooking and special events. Transportation is provided from the local elementary schools. Kindergarten First Grade thru Sixth Grade Hours 12 noon 6 pm Hours 2 pm 6 pm -2- 5 days $26 4 days $22 3 days $17 2 days $12 NEW STATE LICENSING PROCEDURE Assembly Bill 469: This bill authorizes that certain recreation programs be exempt, while others are to be licensed under the "short form" applica- tion for public agencies. "Any public recreation program. "public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or county which meets either of the following criteria: (A) The program is provided for children over the age of four years and nine months and is in operation for either of the following periods: (i) For under 13 hours per week. (ii) For more than 12 hours per week and is for 12 weeks or less and are 12 weeks or less in duration." Any public recreation program not meeting the above criteria must abide by the attached regulations. These draft regulations are expected to be adoped in early 1986 with the possibility that amendments will be made before they become final. With the exception of the Los Gatos Saratoga Recreation Department, all cities studied were preparing for the new licensing procedures. Assembly Bill No. 469 CHAPTER 1486 [Approved by Governor September 25, 1984. Filed with Secretary of State September 26, 1984.] An act to amend Sections 1505 and 1508 of, and to add Section 1508.5 to, the Health and Safety Code, relating to community care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 469, Campbell. Community care facilities: licensing public agencies. (1) Existing law prohibits any person, firm, partnership, association, or corporation within this state from operating a community care facility without first obtaining a license issued by the State Department of Social Services. Except for juvenile halls, counties are expressly made subject to these licensure requirements. However, other public entities are not subject to these licensure requirements. This bill would expressly make all state and local public entities, as defined, that operate community care facilities subject to this licensure, with the existing exception for county juvenile halls. The bill would require the department to develop a separate licensure application form for public agencies. The bill would specifically exempt public recreation programs, as defined, operated by the state or local public agencies from the provisions of the California Community Care Facilities Act. (2) This bill would also require the department to conduct a statewide study of preschool programs, as defined, and to make a report to the Legislature on the results of the study. (3) Article XIII B of the California Constitution and Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. This bill would impose a state mandated local program by requiring local agencies, in addition to counties, to obtain state licensure in order to operate a community care facility. This bill would provide that no appropriation is made by this act for a specified reason. (4) This bill would provide that, notwithstanding Section 2231.5 of the Revenue and Taxation Code, this act does not contain a repealer, as required by that section; therefore, the provisions of the act would remain in effect unless and until they are amended or repealed by 90 50 Ch. 1486 2 a later enacted act. This bill would incorporate changes in Section 1505 of the Health and Safety Code proposed by SB 1754, or SB 2274, or both, but only if SB 1754 or SB 2274, or both, are chaptered and become effective, and this bill is chaptered last. The people of the State of California do enact as follows: SECTION 1. Section 1505 of the Health and Safety Code is amended to read: 1505. This chapter does not apply to any of the following: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any juvenile placement facility approved by the California Youth Authority or any juvenile hall operated by a county. (d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code. (e) Any facility conducted by and for the adherents of any well- recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. (f) Any school dormitory or similar facility determined by the department. (g) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director. (h) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision. (i) Any cooperative arrangement between parents for the care of their children by one or more of the parents where no payment for the care is involved. (j) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the state department. (k) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county which meets either of the following criteria: (A) The program is provided for children over the age of four years and nine months and is in operation for either of the following periods: 3 Ch. 1486 (i) For under 13 hours per week. (ii) For more than 12 hours per week and is for 12 weeks or less per year in duration. (B) The program is provided to children under the age of four years and nine months with sessions which run 12 hours per week or less and are 12 weeks or less in duration. (1) Any similar facility determined by the director. SEC. 1.1. Section 1505 of the Health and Safety Code is amended to read: 1505. This chapter does not apply to any of the following: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any juvenile placement facility approved by the California Youth Authority or any juvenile hall operated by a county. (d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code. (e) Any child day care facility, as defined in Section 1596.75. (f) Any facility conducted by and for the adherents of any well- recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. (g) Any school dormitory or similar facility determined by the department. (h) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director. (i) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision. (j) Any cooperative arrangement between parents for the care of their children by one or more of the parents where no payment for the care is involved. (k) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the state department. (1) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county which meets either of the following criteria: (A) The program is provided for children over the age of four years and nine months and is in operation for either of the following periods: Ch. 1486 —4— (i) For under 13 hours per week. (ii) For more than 12 hours per week and is for 12 weeks or less per year in duration. (B) The program is provided to children under the age of four years and nine months with sessions which run 12 hours per week or less and are 12 weeks or less in duration. (m) Any similar facility determined by the director. SEC. 1.2. Section 1505 of the Health and Safety Code is amended to read: 1505. This chapter does not apply to any of the following: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any juvenile placement facility approved by the California Youth Authority or any juvenile hall operated by a county. (d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code. (e) Any facility conducted by and for the adherents of any well recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. (f) Any school dormitory or similar facility determined by the department. (g) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director. (h) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision. (i) Any alcoholism recovery facility as defined by Section 11834.11. (j) Any cooperative arrangement between parents for the care of their children by one or more of the parents where no payment for the care is involved. (k) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the state department. (1) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county which meets either of the following criteria: (A) The program is provided for children over the age of four years and nine months and is in operation for either of the following 90 130 —5— Ch. 1486 periods: (i) For under 13 hours per week. (ii) For more than 12 hours per week and is for 12 weeks or less per year in duration. (B) The program is provided to children under the age of four years and nine months with sessions which run 12 hours per week or less and are 12 weeks or less in duration. (m) Any similar facility determined by the director. SEC. 1.3. Section 1505 of the Health and Safety Code is amended to read: 1505. This chapter does not apply to any of the following: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any juvenile placement facility approved by the California Youth Authority or any juvenile hall operated by a county. (d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code. (e) Any child day care facility, as defined in Section 1596.75. (f) Any facility conducted by and for the adherents of any well- recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. (g) Any school dormitory or similar facility determined by the department. (h) Any house, institution, hotel, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director. (i) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision. (j) Any alcoholism recovery facility as defined by Section 11834.11. (k) Any cooperative arrangement between parents for the care of their children by one or more of the parents where no payment for the care is involved. (1) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the state department. (m) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county which meets either of the following criteria: 90 130 Ch. 1486 6 (A) The program is provided for children over the age of four years and nine months and is in operation for either of the following periods: (i) For under 13 hours per week. (ii) For more than 12 hours per week and is for 12 weeks or less per year in duration. (B) The program is provided to children under the age of four years and nine months with sessions which run 12 hours per week or less and are 12 weeks or less in duration. (n) Any similar facility determined by the director. SEC. 2. Section 1508 of the Health and Safety Code is amended to read: 1508. No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a community care facility in this state, without first obtaining a license therefor as provided in this chapter. No person, firm, partnership, association, or corporation within the state and no state or local public agency shall provide specialized services within a community care facility in this state, without first obtaining a special permit therefor as provided in this chapter. Except for a juvenile hall operated by a county or a public recreation program, this section applies to community care facilities directly operated by a state or local public agency. Each community care facility operated by a state or local public agency shall comply with the standards established by the director for community care facilities. As used in this chapter, "local public agency" means a city, county, special district, school district, community college district, chartered city, or chartered city and county. SEC. 3. Section 1508.5 is added to the Health and Safety Code, to read: 1508.5. Notwithstanding Section 1520, the department shall develop and adopt a separate license application form for the state and local public agencies that reflects the attributes of these applicants and supplies the information required therefrom in order to serve the purposes of this chapter. The application form adopted by the department under this section shall be developed in consultation with the League of California Cities, the California Parks and Recreation Society, and any other affected party. The application shall reflect attributes of these agencies, including, but not limited to, the type of facilities used, time constraints, existing recordkeeping, staffing qualifications, and existing local ordinances which ensure minimum levels of health and safety. SEC. 3.5. The State Department of Social Services shall conduct a statewide study of preschool programs operated by local public agencies and make a report to the Legislature by January 1, 1986, on 90 180 7 Ch. 1486 the results of this study. "Preschool programs" means programs offered for children age 4 years 9 months and under. The focus and scope of this study shall be determined by, and the findings of the study shall be reviewed by, a task force composed of the State Department of Social Services, the Legislative Analyst, the League of California Cities, the California Parks and Recreation Society, the Child Development Programs Advisory Committee, and representatives of childcare organizations and associations and other affected parties. SEC. 4. Notwithstanding Section 6 of Article XIII B of the California Constitution and Section 2231 or 2234 of the Revenue and Taxation Code, no appropriation is made by this act for the purpose of making reimbursement pursuant to these sections, because this act merely clarifies, and makes no substantive change in, existing law. SEC. 5. Notwithstanding Section 2231.5 of the Revenue and Taxation Code, this act does not contain a repealer, as required by that section; therefore, the provisions of this act shall remain in effect unless and until they are amended or repealed by a later enacted act. SEC. 6. (a) Section 1.1 of this bill incorporates amendments to Section 1505 of the Health and Safety Code proposed by both this bill and SB 1754. It shall only become operative if (1) both bills are enacted and become effective January 1, 1985, (2) each bill amends Section 1505 of the Health and Safety Code, and (3) SB 2274 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after SB 1754, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. (b) Section 1.2 of this bill incorporates amendments to Section 1505 of the Health and Safety Code proposed by both this bill and SB 2274. It shall only become operative if (1) both bills are enacted and become effective January 1, 1985, (2) each bill amends Section 1505 of the Health and Safety Code, (3) SB 1754 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after SB 2274, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. (c) Section 1.3 of this bill incorporates amendments to Section 1505 of the Health and Safety Code proposed by this bill, SB 1754, and SB 2274. It shall only become operative if (1) all three bills are enacted and become effective January 1, 1985, (2) all three bills amend Section 1505 of the Health and Safety Code, and (3) this bill is enacted after SB 1754 and SB 2274, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. 0 90 200 Adopt rew Article Heading to Peal: Adopt Yew Fection 81200 to Read: 81200. fcncral Subchapter 7 nctenae•? Day (are Center Article 1. Genera) Peauirenents and Defin;tiong vrte d P0 jay ("Pre rsrtPrs prnvi (j i nn vroirn rare ±0 Chi 1'rep shall be ,o_ovPrned by the provisions srecifi e d in this suhcharter. Tn addition, Guth facilities, except 'there srecifi Pd otherwise. shall be governed. by Chanter P. subchapter 1, P sic Pecuirements, and bv chapter 1, General T•icensinp Peouirerients. Adopt Pew section 81201 to Pead: 81201. Definitions. (a) Tn addition to °ections 80001 and 81001, the following, definitions as used throug,hout subchapter 7 FSctended Dav Care Center shall apply. (1) "nctenc?ed Dav ('are Center" means arm facility or part of a facilija where .less than 2d hour, nonmedical care end Gurervision are provided in a g,roun setting, to scool nee children for the few hours More and /or after school_. -1 Adopt 1Tew Article Reading to React: (2) "°(•hoot -nve Chi 1 a" mea any chil.a attend i np F..■ ru.lh] ie or Tryvatp pchnol and Who is d U months Y•; J: months or o]aer. t." Article 2. Tacense Adopt Yew Section 812( to Read: 81207. Tkemption from Ticensure. (a) Tn addition to rec'tion 8r 007(a). the community care' facility repu] ations contained in this division shall not and v to anv of the fo: lovi_ng: (1) Public and private schools which offer a program before and /or after school to School_ are children. This exemption applies only when all of the children receiving care and /or supervision are also enrolled as students at the exerp+ed school. (A) To aua] for exemntion, the rrorrnm offered by the schoc?l school. a. school must be Gronsored by and rum .v employees of th (R) An outside orrani7ation or in(1 ivid ua] tin f! the school site to offer a child care nro;'rnm is subject to l.icensure is open on1v to those children enrolled a t that school. even if the rror-rnr Adopt New Article Heading to Read: Article 7. Appliontion Procedures Adopt ITe•.a Section 812.71 to Read: 81271. Tssunnce of License. (a) Tn pcld iti on to Sect.ior P0071, ±he following shall apply. (b) Tt shall he permissible to issue one license to an arrl.ica_nt or licenseeto operate a child care center and extended day care center as separate rroarams within one facility. (A) romhirstion programs shall maintain a Physical separation of age group programs as specified in Sectiors8128 and 81287. Adopt I'ew Article Headings to Read: Arricl.e A. Administrative Actions (Deserved) Article 5. Thforcenent Provisions (Reserved) Article 6. t'onti nut ns Peauirements Adopt Now Section R126A to Read: PI 2C4. 1 7Xtended Pair 're Center Director Nnlifications and Put. (n) T nddition to Section P(rrA, nnd notwithstanding Section 81rQ., the following shall apply. (b) All extended day Care centers shall have a director. (c) "lie extended day care center director shall he resronsible for the operation of the center: for complinnce with regulations; for communications with the licensing agencyV and shall have the authority to acknowledge receipt of deficiencies that constitute immediate threats to children's health and safety. (1) There shall he a clear written statement of the administratiare resronsibilitv and authority delegated to the extended day Care director. (A) A copy of this written statement shnll be given to the extended day care center director and shall he nude available to 14 1P licensing agency uron reauest. (a) m ha Pxf=neirwl day care center director, or substitute director as specified in (e)(1) below. shall be on the rremisps, during n "cc, \?■1 C 4 I rrn the Haar +11 P is in orrntion. (1) rPhe director sl.17. not accent outside errp which intprPprp rith the duties srPcified ir ccu regulations. (el An extended day care Center .offer' nr. Pveri n!' anrl!r r ni nti in Programs in addition to day pros-rams. shall employ a director for each rrorrn. (f) Whe terirorari?.v away from the center. the extended day care center director shall have the authority to delegate his!her resronsibi.li.ties as sre_cified below. (1) Uhen the extended. day care center di:•e ^tor is absent temporarily from the center, arrangements oral] be made for a staff rersons to Pot as a substitute. This substitute extended day care center director shall be aware of center orerations, including total enrollment; shall be trained in program ornre.tion: and shall be designated as an authorized person to correct orerational deficiencies that constitute immediate .threats to children's health and safety,/ (2) If the absence_ is for more than 7 0 consecutive calendar days, the acting extended day care center i rector shall meet the ua.li fi cations of a director. (g) A licensee who is responsible for two or more centers shall be permitted to serve as the extended day care center director of one of the centers provided he /she meets the oual i:fications srecified in (P)(1) thru (A) below, or to serve as the executive director for all the centers, provided that a Qualified extended day care center director is c^rloired for each. Fxte ded any r,nre center re i -ors 'r rest aft the Prrective F ea+e of +his section s h a ll_ have comn1 e+ed one iof the following rrior to Fir]oyment: i' n—......c1 1 u; Soh 001 n' t i r: ion.. 'i h (1 ph Gc. oo_ �r� uca on or comrl Pt c ,j rasing Frndes. of 19 semester units or eauivnient quarter units in early childhood education at an accredi `ed or annroved college or university: and 2t least two gears experience wort -ine with school ape children in proun settings. (A) mhree semester units or equivalent Quarter units of the 1q units renuired in (1) above shall be in administration or staff relal:i ons. CP) Twelve semester units or Pauivalent ouarter units reouired in (1) above shall include courses which cover the general areas of child growth and develorr.►ent or human growth and development: child, family and community or chili and family: =end program/curriculum. (2) An A.A. degree from an accredited or anrroved college or university with a major or emphasis in Parl.y chil dhood education or child development and at least two veers experience working with school ape children in group settings. (A) mhree semester units or Pauivalen+ aunrter units shall he in ndminic;trntion or stnff relations. a. hachelor's decree °rnr' an accre1i +P or arrrovef or university with a r;aior or ernrhasis in ear1v c'r.ilrlhood eri uca +.ion or child (q eve7.orrlent and at least one veer exrrnriPpce vnrUirp with schnol aae children in Prnun settinns. (4) A Chiteren's Center 'urervi.sory Permit issued by the r'o Pr o California. Commission for "leacher Preparation and LicensinP. (i) Units earned as a part of a Pecrea +.ion ?uaior or those earned toward attainment of an elementary tea.chinP credential shall be accepted on a unit rer anit basis as an alternative education=al Drerenuisite for extended day care center direc +ors. (i) )'ach Year of exrerience renuirep? in (h)(11, (2). or (7) above shall be verified as havi.nn been performed satisfactorily. at least hours per day for a minimum of 100 days in a calendar near, as a teacher under the supervision of a person who would ouaJ.ifv as a director under these rePulz.tions. (k) Rctenr?Pd day care center directors enrloved prior to Yav 1, 1970, ?no were previously exemn +ed from the 1 unit education reouiregent. shall complete one of the options specified in (h) ,above no later than January 10P6. Adopt new Faction_ 01265.2 to Read: 81265.2 vxtended Pw Care tenter Staff luali ications and Duties. (a) In d i tion to `'ection PC069 and notwithstanding Section 81065.2 the following shall arnlv. (b) Adult volunteers may be used to meet the adult -child ratios. T-Tancjrook Since FCF units are no longer required for staff who supervise extended day care center children, efforts should be made to, obtain adult volunteers to maintain the adult child ratios. Adopt T'Tew Section 81065.5 to Reafi ?1265.5 Staff -Child Ratio. (a) 1ot.withstanding Section 81065.5, the following sha.l]. apply. (b) 'Where shell be a. staffing ratio of not less than one staff present to every 15 children present, or fraction thereof. '"he directors may re counted in the ratio when actually vorl with a groan of children. v 81 260 Repeal Section 81069.1 (g) as follows: Repeal Fection 81069 (h'. as follows: -coccocrcnt3 cr. cllillren 1:0- arc alo cnrclicl in publ-Le Adopt new Section 81269 to Read: medical Assessments. (a) Notwithstardinp Pections 80069 and 81069, the follm•rinp shall arnly. (1) The licensee shall not he reouired to document medical assessments on school—ape cbildren who are enrolTed• in 2 ru1ic or rriv2te school. A opt rev section 912 to PPari 81260.1 Tr" z ?ti ons. (a) N +..-i +hpf- nr flec;''en 91nrq.1 +he follow rr shal1. nrn1 (hl Immunization reauirements as specified in Fer 810r; shall be waived only if a child is concurren +lv enrolled in a private or Public school.. Adopt New section R12 child Pecords 81270. ('hilt Pecords. (a) Tn addition to section RC070 excent (b)(8). and section 81070,, the following shall arnly. Fand! ook Py separate authority, schools are reauired to maintain records relative to physical_ examinations and immunizations. The Child Preadmission Fealth History Parents Peport, LIC 702, shall he completed and on tile at the center for each child to understand exrected activity levels and to disclose disorders such as allergies, asthma, diabetes, etc. Adopt new section 812'75, to Read: 81278. Fealth—Pe1 a te d Fervi.c�s. (a) Tn n:1a;tion to °nc R107q exc9n+ (d)(1)(0_(1 the rorowinp mmnly. 1 V vithcvt srpr.; nnrental instruction in OPP'. 44.1P (b) The licensee SI'!1 obtain crerrren-:y mcsdical trentment rarent canrot be reached immediately, or the n..tore Of the illness or injury is such that there should }'e no deliv in pc Tr4icn1 treatment. (1) The staff surervising activities away from the center rremises shall carry one of tl'e forlowina for each child engaP.ed in such activities: (A) A signed consent form for emergrencv medical treatment. (1 The phone number of the parents, relative, or others who can assume resronsibilitv in an emerRencv for child care excepted from the reouire— ment for an emerxzencv medical treat— ment consent form by Section 910r,o(e). Repeal Section R1079.1(c)(1) as follows: (c eoI ge cemo to the ceni:er from rohoolcv or 4 l• 1. 1Etute.14-4. far 0 of i1=. craciiel 'r _2 CICr'r.2 bc '317ow2 Adopt new Section 81279.1 to Pearl: (1) Section 81(Y75.2 shall be followed: Adopt new Section 812 +o Fears: 812 Fbod `'ervice. 812 Pei i v Tns..e ti on for Tl lness (a) T addition to Fection R1079.1, +ho foll.ori.nr shall apply: (b' School acre children rho come to` the center from school or ry Public +ransrortation shall not be required to sizn -in but shall he inspected for obvious signs of illness. Tf the child is found to be 111, the procedures speci.f.ied. in `'ection 81075 (h,(c) or (d) or (a) Tn addition to Fection PCO7C and 81076, +he followin7 sh.?11 apply. (h) renter rrog.rams nrovid inn before and!or after school care for periods up to three hours rer session shall: (1) make available and offer nutritious snacks to children desirous of such (2) Teri Shari e and nonperishable foods shall be refr; ,nrated or ^,t.ored in n manner arrrc r ate t rc i al. instructions. Adopt new Section £1273 to Read: 81278. Pesnonaibility for Providing rare and Furervisi (a) Tr addition to section P00 and not;tirit +standine recti on P1078, the fo11 of i nr shall arrl IT. (b) No group of children shall be left without the supervision of a staff rerson at env time. YISL 8j runervision shall include observation. Adopt, new section 81279 to Read: Adopt new Fection 81287.2, to Read: 81279. Activities. (p) Poi:withstanding sections 80079 and 810 the follovinr shall amply: (1) Centers servinz school —eae children shall not he renuired to schedule nannino periods. but shall have narnins eauipment available for children who wish to rest or nap. 8128 Outdoor Activity Snare. (a) In addition to Section 81097.2, the following shall 17:2- (ti0 center chi 1 Siren pe 1 1, Ado rew Sec tion R1287., to Peed: -14- rn,rid fn- Pytn r lys 1 y sPr rpte from rOm space Provided for children VOtL"^Pr thnr A months in combinntion programs f aS srPc�; ied in Section 81231(h)(A). ^rc Q 81287.7 Tndoor Activity "rinse. (a) Tn addition to Section R1CP7.7 the following shall anal v. (b) Tndoor activity space provided for extended day care center children shall 1_ he rhvsically Gena.rated from sna.ce provided for children vqun__er than d years Q months in combination rroorpms as specified in Section F3121 (h) (A Fan dhool, applicable to Sections 812P7.2 and 812F?7.;. Pave hie walls or partitions may be used to maintain the se a of age p ration L___ Rroups within the same room. Val.ls and partitions sha not be shorter than four (4) feet or taller than five (5) feet. r t. 1 4 h. e Adopt new section 81207:4 to Peal: S12R Q storige fir.? f'e (a) Notwithstanding section F'1c 7.d(a) and in addition to Section F?1nR7.4(h' —(d), the followinp shall apply. (h) Provision shall be made for an individual permanent or portable storage Grace for each child's clothing anti /or personal belongings. (1 Space shall_ be made available where children may remove vet weather outer clothing., (2) wet weather outer clothing shall be hung un to dry in an area inaccessible to children's play and separate from the storage space specified in (b) above. Adopt new Section 81288 to Read: R12R8. Fixtures, Purniture, Fauinment and Supplies: (a.) In addition to Section 81(W, the following sha1l anni y: (1) Separate restrooms shall be reauired for boys and for girls. (2) rTotvi thstanl i rg c?r c P1 CPR(e) a separate Toilet and hn.nl ::as i np fixture shall not be reauired for staff /emergency use. 1 7 Ii h i Adopt new Pection P12FNR.1 to Peal: F12P9.1 Yapping vauirment. Vandbook or nap. :a: must be e those children who do, napping eauipment (n) T i+ion to F"ection R1QPP.1. +he following (b) n(tended day (-Pre centers shall have nvailable on the premisen one cot cr mat and annrorrinte bedding ns specified in Pecion P1CPP-1 to every ten children or fraction thereof, enrolled and who wish to rest or rap. It is assumed that not all children require or desire to rest T e4 ,V w 1 AGENDA BILL NO. /oak, DATE: 2/24/86 (3/5/86) DEPT.: Community Development CITY MGR. APPROVAL SUBJECT: Summary: Fiscal Impacts: Exhibits /Attachments: 1. Resolution No. 1608 -02. 2. Report to Planning Commission. 3. Location Map. Recommended Action: Adopt Resolution No. 1608 -02 attached, approving the Final Map of Tract 7833 and authorize execution of Contract Improvement. Agreement. Council Action None 3/5, Approved. CITY OF SARATOGA AGENDA ITEM "(i Final Map Approval, Tract 7833 Bucknall and Saratoga Ave. A.M. Company (21 townhouses) 1. The Tract 7833 is ready for final approval. 2. All' bonds and fees and agreements have been submitted to the City. 3. All requirements for City Departments and other agencies have been met. RESOLUTION NO. 1608 RESOLUTION APPROVING FINAL MAP OF Tract 7833 WHEREAS,, a final subdivision map of Tract 7833 having heretofore been filed with this City Council for approval, and it appearing that all streets, public ways and easements shown thereon have not been; satisfactorily improved nor completed, and it further appearing that otherwise said map conforms with the require- ments of Division 2 of Title 7 of the Government Code of the State of California, and with all local ordinances applicable at the time of approval of the tentative map and all rulings made thereunder, save and except as follows: NOW THEREFORE BE IT RESOLVED: (1) The aforesaid final amp is hereby conditionally approved. Said approval shall automatically be and become unconditional and final upon compliance by subdividerwith such requirements, if any, as set forth immediately above as not yet having been complied with, and upon compliance with Section (3) hereof. (2) All street dedications, and all other dedications offered on said final map (except such easements as are declared to be accepted by the terms of the City Clerks certificate on said map), are hereby rejected pursuant and subject to 'Section #66477.1 of the Government Code of the State of California. (3) As a condition precedent to and in consideration of the future accept- ance of any streets and easements not by this resolution now accepted, and as a condition precedent to the City Clerk certifying the approval and releasing said map for recordation, the owner and subdivider shall enter into a written agreement with the City of Saratoga, secured by good and sufficient surety bond or bonds, money or negotiable bonds, in amount of the estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of Ordinance No. NS-60 as amended and with the improvement plans and specifications presently on file, and to maintain the same for one year after completion. The form and additional terms of said written agreement and surety bond shall be as heretofore adopted by the City Council and as approved by the City Attorney. The mayor of the City of Saratoga is hereby authorized to exe- cute the aforesaid improvement agreement on behalf of said city. (4) Upon compliance by subdivider and /or owner with any remaining require- ments as set forth in the preamble of this resolution (if any) and with the provisions of Section (3) hereof, the City Clerk is authorized and directed to execute the City Clerk's certificate as shown on said map and to transmit said map as certified to the Clerk of the Santa. Clara •County Board of Supervisors. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of 19 by following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR City of Sarot APP.:0 ■lED 3Y: DA: INI: *Revised: 8/14/85 Date: 8/6/25 Commission Meeting: 6/14/85 APPLICATION NO. 2, LOCATION: -10-1808 and A-1114, Southeast Corner of zaratoga Avenue ano tuo1nall Ropo pFPLICANI: A-M Company 6WMFP: ZONING: R-11-5,000 PC E1.ESTIN6 LHND UTE: Oacant PARCEL 7T 7 E: ::.Er .'ERAI7L GENERAL PLAN DESIGNATION: Residential-Multi Family HJILOTH :jr_ or LIH( Fri:UIFFD: clt: F111: 3,000 Cu. 4'd5. Cut Depth: LS: Fl. Fill Depth: 1.5 Ft. ACTION kEOUESTED: mpproYal for: I) ientatlye Subdivision Hap for a 21 unit townhouse project (2: 2) Design Review, including location of two-story structures. 3) Grading permit to move more than 1,000 cu. yds of soil. OTHER APFPOVAL:P. REOUIRED: Final Subdivision Approval and Building Fermit5. ENOIRONMENTAL ASSESSMENT: Negative Declaration prepared on 11/6/04 SURROUNDINO LAND Nr:ES: Residential to the north and west, gas station to the nortn, ;:tulti-family to the southweLt and El Quito Park School to the 35I. HifiJAr7i. YL=.1 level very gentle hlope) and c:rcnard Tne hulloing pads •rted throuqn on-site grading would be about one foot highar than d;.:15t.inq grdtde. Report Planning Commission 8/8/85 SR-1508, 5-i H4 Teresi(h-M Co.) Saratoga Bticknall Page 2 PPDP0E0 SETEhOKS: Minimum from eucknall Rd. property line: 25' (excluding bay windoWs, fence ai 10' and 19') Minimum from Saratoga rve. .1roperty line: :A' (excluding bays, fence ai 15') Minimum from El ;:t.tito 'School side of property: 15' to 20' (excluding bays) Minimum from southwestern property line: 25' (excluding bays); 10' from Teresi property Minimum from adjacent service station property lines: 20' texiuding bays) Minimum distance between structures: 5' (.7It bays) The R-M-5,000 :ening district normally requires 25 ft. front and-rear Tarde and side yaroe that are 10 the site's width or 28' whicnever is :etser but no emaller inan 10'. mlso, a minimum 20' separation IL required between F.tructure:-, used for human nabAtation, although this 15 one of proposed deletions in ihe Zoning Ordinance revision. The project dcee not conform to the etandards. However, these standards were designed for traditional atcacned multi-family dwelling projects rather than the cluster detached coneept proposed tr the 5pplicant. Since the site is 7oned R-H-5,000 PC, these traditional standards can 1):: varied for tnie project through the Tentative Subdivision approval process. has recommended on this site that the project maintain 25 ft. setbacks from its Saratoga avenue and Bucknell hvenue property lines and, in general, 10 rt. setbacks. from all other property lines forming the perimeter of the site. The 25 ft. setbacks from the street sides of the property and adjacent to Saratoga Parkside were also suggested by the Planning Commission at its Study Session. The cluster concept allows greater use of indiiduai lot side yards without impacting privacy. 1 is a different type 2f development than usually allowed Seratoga and would provide an alternative type of housing. Singie-etcry dweilino Cr''tun mi: Two-stefli dweiiing' :lafis Haeinom height alie,wed :ieesur from peak of roof to the exterior grade e.-ouno the unit. cullaing (Includes batioe and weikways;: 31% +1- F,treet paving and driveways: 22% Total: 53% The R-M-5,000 district allows a maximum structure coverage of 40%. r:aport to Planning Commission 8/6/85 _0- 1608, h-1114, Tere51(ri -f9 G_. .:_E CF TPiUCTURES: Saratoga 6ucknall Page 3 Living area uarage Total (Sq. Ft.. i.1 Ft.) (Sq. Ft.) No. ef Units Flan ri: 1,899 430 2 1'29 y Flan 6: 1 941Fer 430 2,375( +252)* 8 Flan C: 1 ,'.38S( 430 2,415( +335)* 8 "Open to below" areas in the second floor plans. The Ccmmission has indicated that they would like to .=.ee the unit si_e reduced from previous e.ppileatlns. These square footages are riroylued by the applicant. ri quick check of the one -story unit indicates inat the actual unit may be larger by the City's method of measurement. :t.arf r- cri'irnending a condition limiting their sizes to the square footage stated. E'taff has suggested the following guldeline5 in previous reports (nil references to structure sloe includes the garage 1 No structure shill. be more r hui 2,500 sq. ft. in time. Only si.. (6) dwelling units ehell be over 2,100 sy. ft. In :1_... 3. Si;; (6) dwelling units sno;.li Le 1 aO sy. ft. or less in si :e. PROJECT HISTORY: In September, 1979, the Planning Commission granted Use Permit (UP -410) and Design .Review (A-638) approval for a 32 unit condominium project on the subject property. In November of that same year, Tentative Building Site rippro'i 1 for the project was granted by the Commission. fin extension for the use permit was granted in April, 1960 and the project received final map approval in the meantime. That map was recorded with the County. The e: ..tension or the use permit eepir _d iri 1981 and the project applicant (3. Hagan) he'd to apply for a new use permit (UP -511) to continue with the project. The Planning C.)mf 1 esian approved this use permit in ueceinber 1861. Th15 decision w..is _appealed to the City Council "which denied the ,use permit to r1arcn., i ,32. He primary areas of concern were density, circulation, s•etbecs and building height. a!hr_n rh i'ii, meal r'eviseu in= i:ener. :l Ilan to Hay, 1983, the land use designation of T.re site was chongeo from rieE1dcntial- Planned Development to nesident.t_i- Nulii- i-,umil:. The eun:11 ,1:.o specified that the oeneity allowed on the 51te'would be no greater than 1 urii /5,000 sq. et. of site. erert. The site was re oned from P- 1- 10,000 to R -11 -5,000 PC to be ,cnsl tone wi in the 6eneral (!.:an r1wtncjmc.nt. The PC designation was added T'.) Ui. the Commission (0 -ester flexibility and control over the location of any too -:tore structures. Peport t Frnn CO1N15E1 O Teresi 6 Co), E;aratoga Eucknall 1 The applicant then mad application in September, 19E4 fcr 22 unit nfter aeveral puolic he in and study sessions at tne Planning Commussion, the applicant proposed the construction of 10 detached, zero lot line units' dnd 10 dupie units on the site (20 units overall). The Planning Commission denied this request in December, finding the units too dense dnd too large, idcing aufficient guest narking; and containing too many two structures S). The City Council upheld this decision. The applicant has again revised their plans, after two study sessions with the Planning Commission. CGOINMilff7 CIIHPLInNCE: DENSITY: The T:: zoning bistrit reouires a minimum site of 5,000 :,q. Ft. i. unit. Site area is 1002 sq. ft. 1. ins. Mj2i; density for the :te would lme 109SD: 5,000 2i.SS units. ter Section S. of the Zoninc; Dcuinance: if a.f7.er ihe above calculation 15 made more than .=.10 cf tne site •reds n. for a dwellinq unit remains, an additional owellIrvj unit may he .:,iJcwed. fhus, 'a maximum uensits/ units ror inl..: ,ite ucuic be aii._,,,ed. During this orolect:s review at tne Flanning Commission and Council leyet5, some• CommissiDners and Counclimempera indicated that fewer units (tess 'inan 22) ,Jould be N: ror the site, This would allcw greater fle. in the site development plan and allow more parking or :opn space ri Ell. LOT individual lot 51:6 range from a iow of 2,739 sq. ft. to a maximum or .5,Z56 sq. ft. Mcst lots are about 3,000 sq. ft. in size or greater. HHTEPThLE: Ttucco, wood siding and wood trIm; wood snake roofs. Stucco will be painted cff to very lint brown: wood siding and wood trim will be painted in earthtones In brown beige rnge.with blue accents. 6ENEPHL: ine elevations suonttted 'he applicant show that the single- story nwellings wili utill:e wood siding as an exterior material. ihe two- s dwell'inns uilj n NIX of 1: and wood siding, and, in one case, wood sntngies erter Soot pii7h will be the same for all structures 611 i zfluctures will uttli:e nip roof. Inc massing uf tfit two-story •tructures are very similar when viewed from the side and especially when ileweu from the front. The applicant utill:es different :7231 d2sIgn and 1 projections to vary the facades of these essentlaLly similar structures. Tne si plan shows ti no structure will be adjacent to, or across from,. the 1 plan e:..cebt for those units .nearest the southern corner of the site where Plan 1 n l nd 16 face each other. Report Planning C..ommission 8/6/35 H-1603, Tereslin-• Co.), '.5tratoga Bucknall Pdge 5 The uri1t3 ir e now clustered in groups e,f two and three. Under The PC Ordinance he Commission must .:5pecifically approve the use of any 5 cory Fetructures. The ive :n±-5tory structures are ini,ersper5ed throughout the site. Cwo units sdiaeent to aratoga Avenue are two-stor:/, but they will have 5etbacKi> ,)12 agproximately 50' from property lind. The .backs from the sure range frcm to with no adjacent structure having similar TRAFFTC traffic report was .prepared for this project consistent witn requirements of Erie General Flan. A cope of the text of this ropoe t5 attacned. In summary, the report Indicates that the project will -.It significantly impact the. amount of traffic on Saratoga Avenue or 'z;t1;:khdll The operation of that intersection would also not signiflently change. rnis would bi be the cast even with additional trdfft: ?eo future development. ft,i additional traffic would not eou:he signeli:ation of tne intersection. FARKIN6 The project would provide two co parking spaces for eaon unit ::nion complies with the requirements of the R-H-G,000 district. However,' u Comki5sion has u5ud1ly required c3dditicnal guest parktng on siLe visitors at a ratio of 1 space per unit. The applicant has 5n:'2wn parking spaces at the Interior of the site with dimensions of The last revision that was denied showed 10 spaces. If One or more units were removed, then additional parking could be located •n the site. Also, witn increased front yard setbacks, the driveways couid be used for additional guest parking. However, the guest parking has been Increased from the earlier application from originally 5 parallel spaces t: 1:5 spaces. FENCES HND The, .:puilcani with one veneers elong :ne lines of tne nycnue :Jng CAtc[noll Rc)ad frc5ntages of :he ette. fenct! tJuid placed around the remainIng perlr of Chi' eropertv ul5o u, nntividua1 Iota. The design in aopear lo corresponj with iht desires of the taf f •1 hcommended i ritt Hasonry wall will. be :,elbeci. r•.om t pr line to ,alloW for odegu,;:le lancs,:apthg ,mrt h5 rojeci!, pionned open space, Qr common LihLch under P Ordinance. 6ne tne purposes the F-0 ordinance is the creation of common green or owe:n .,pace areas. mentioned above, staff is of the opinion that a ,rne' mmon open space area 15 needed along the 5treet frontages of the eport tc, Fi3nninp Commissior11 SO n 7 :f-II hc,, B/6/8S i, Biuck:.nall !Page 6 site t z.. �r -:st_ an deguate landscaping area in conjunction with landscaping required in the unimproved site. e area o!' public rights -of -way adjacent to th r;1.1 the,z '�.re- including the turnaround area, will be maintained by :one homeowners association_ ;toff would landscaped are, a15c recommend that ;ale s mediatel; adjacent to the infernal roadway serving the site be similarly maintained. The landscaping plan submittp and de d b y the applicant is generally in character taiied lans will have to p De submitted p permits. The lanasc�t lnr Prior to issuancr, or building p roposed near- the street frontages of the site primarily toast Redwoods iever«recn, sire IS o;llen') i provide screening (Pr the project. which will ::vs (also evergreen): would other•`'ct, Evergreen pear and caroo trees !'r'aPe `chodadenar „ns and I ahrubs include 1burnum it of whlcrl are �'r h climate and are evergreen. �c�_Giaoi� t ::hrlswor•k Ind Flowerin in this range) will be uSec as grcundcover5 =rio are a �nnuc. yellow and also acceptable. ;1l1_r1R mt bet lilt �zfir';11aIlT ,r' ncir'prepared Ike study t, antLpr prepared `y solar mead study ('or the original pro situation the haduW, :,r.:aLea by the Jaci. This iprl t. UCemb_r` <I sf, between Pr•'oJeCt to a worst case not he hours of 8:00 a.m. adversely impact the will. sol.car ,_ire and t:t)I� es individual structures on the access of adjacent, properties or he isle Staff necessary did not feel new stud t'cr review �f this p adjacent \•1t.W r`;�vi ,d :.,.y., J nt f %r�s application. One Pr's- Jperty, t hcl�_ will 10 e v good afternoon access Of�� I l orning sun but generally would have 'Bt,af f would r:- commend that solar stub outs up be Provided on each structure to allow eventual panel hook p for domestic water heating. OTr,FP HSO The rsi!ng ewer l Ile and ea` �cmcnt t also ir'atc+c;a Part condominium development, serves the adjacent roiuFat e.1_It would ow 'relocated to within the Th, s must be one Shown an the s l w the structures to be !Julie as .l;sn. anti lot adjacent �i r'r,.,,- ;r °:.ICylli proposed Il yes 1 elite to be !JOl d not allow the es .,r, i -:r,rl .._tom may oc :Pic,. '�:Itiv into the project .although fr ne :,;:r�essed through the guest r ne ;7::- s l t ;e. were parking which r �.,rth multi-family Pc in .re F: hl- S000 i uses i f,�,r I y i ;:::1 U have to u:i< ti:+ �•iUU1J n pos.ibl._ r. ii,, ne staff 'i feels means Uf r`iate, but staff feels this It 'I`'' L. _fl'.cult to incorporate the on those site pest the design of I i ;-,e proposed project. it r_,Ilu r n �'.0 drtnc r11. i n. propert 1 e.5 L ,_tn be but there i l i I,e developed development. difficulties associated i r c. -e could be ml mitigated flee d with their dlac.:riT cr ^p• =rt owners on tenratr,•y if the developer worked with these development plans. R te Planning LC)NMif15.1C11 :T,/6/86 EO-1P06, 4, 1(A-H Co.), Saratoga Bucknell Fege 7 recommending the eame standard conditions for Design Review tnst we did in the previous application. These uould require major raodificetlen tz the prej--ct for structure 5ize, number of single unite, tbacks for the -tructure eeperation, If the Commission Lushes to appreve The prol.-ct ss prnpo they will need to modify the Design Review t":enditions. PROJECT 1 7:17i.T05 Said project complies with all ebjectivesof the Oenerai Flan, and all requiremente of the Zoning and Subdivision OHdinancas of the City of Saratoga. The housing needs of the reelon have been considered and have been balanced against the public seryce needs of IL:: residents and available end environmental reeourees. :A. Negative was preosrec and will he ftid Jith the County of Recorder'e Offlee T,1 environmental impact of this pro)ec't. approve° under th H.-termination date; The 'Staff Report Jr ii tentative mep for "E" flied 7/1/;S: sueleci te feilowing conditione: I. 6E CONDITION; pplicant small (.ompiy ncn ail epplicable provialons of Ordinance No. ED, including without limIt:ition, the submission of e f of Hurvey or parcel map; payment storm drainage fee and perk end recreation as eeieblished by Ordinance in effect at the time of fine' epproval; submieeion of engineered improvement plans for any street work; and compliance' with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference j.5 hereby made to said Ordinance i'er further particulare. Site approval in no uty excuses compliance with Saretaga's Zoning and Euilding Ordinancee, nor with any other Ordinenct of the City. In addition thereto, 41plicant shall ecmply with the following Specific Cenditions :,re, hereby requireu end set forth in accord with Section 2 ef Ordinance No. 60. 4PFrIFIC CTOMiv0H111 flEFr'tRINFHT F:Ay Dralilaqe Hee In Qf ebtaining Fine! I "'.hieU v Lh y i•72r cnecktnq nd rordatic:n -'ny quireo rcorotion If Parcel .'s shown ea e.:Istln map ef C.7■ print5. L:t.Dcol shown on thtt "Ma5t..tr Drainage Ftan" and Lie directd by C• e '.1 L',' Lnqinter, as needed to convey sierra runoff to Street, ..terra Sewer or Watercourse, Including the felleie: 1 St se trunks with neceeeary menhol-.5. Report Planning Commission T-20-160, T csi ji Co., Saratoga Esucknall Page 8 3t..:,rm sewer laterals ith necessary manholes. Storm drain Inlets, Cu t 1 1 dhannels, etc. i2on:5iruct Standard Orivewa ripproaches. h ,amequate signt di3cance and remove obstructions of vLL-i4 as required at driveways. t: F. Engineered ImprovemenT Plans required for: I. Stc,rm ton!:tc,izilon inpection Fees as determined from improve- ment H. i for required lmprover i:: to completed wiinin r; ear of receiving Final hpproval. 1-Qs, nono i. of the required improvemtnis. r. Jo :pening 7 is permitted. :urtog.a m\y. 1 Rd. to City Standards, including ins I. f Wail way -z -I ft. L. ii-turrtetretztel-ef-ettl--de-ae-hall-iie-r)revideei-at-the-ertel-ei-tite-private street-tetittinat-ab7lets-+2-arrel-15. (delete) H. F rcvj I overila, u:rcail from Saratoga hve. up to outneastern property III. 47 F ?FTC I 1(.H 6_:oiLcnn1ca1 professional De r..:vieweu uy nsuliant prior to builuinf.) ..aermiL ti! by soils enineer). ueialled snowipd: 6r3ding HJrovin tS pavement/grade Ana finish floor 1fl )no proposed including hdjacent drainage port to Planning Commission H- Tere510:1-N Co.), Saratoga eucknall Page 9 7 :1 The existing water ,Ti:;tem be extended to in 771.:-4 developer shall install •.hr t5) fire hydrants to c....:(1 Frotection District'L speciflations. jr inage details i type, slope, outfall. Provide engineering analysis of the local. m-ainge .tancern irJormation o Include titieblock, p io plan u.t.ing r-. data, location mad, north arrow, '.3heet no z. .ywner's 4. Firing structures including design by or P.C.E. for wails or hidher. -:PFCTFiC THHIF:-;Ti!74 1711 h. keite Fne sanitar t bear ii tne nitary sewer t..astment: Jill such rin.Lt ,pproveu 0 (ne s'.inituiion district. iipplicant 17, sudmit enumerated fees to County :Sanitation iFCIFIC 7 DISTRICT Hinimum fire Flow from these fire hydrants shall be 1,000 gallons per minute for a duration of two (2) hours. The required fire hydrant installations shall be tested and accepted by the Central Fire Protection District prior to uanc ikny building permits. The ...e shoulu maLe contact with .;.ari Jose Water Company es p,sstdle to avoid engineering delays. wijtn of the -Acc:ts, r'0 wuv iai1 not be bbstructed .n includinn HO PhPKIN6" iqri •H aopropriat notict pronibiting oostructiomi or :111:Ai1 be mai1t:7 or !;roo.:!rv•. Line walls shall be protecte,d or provide an CAUtf1.:At.1.; rir 0fI tnr21iL4hout. flre 1 irIq He cf $50.00. I HFALTH OF.PriPTHENT 6. sewer i. )nne ,:t! n requir-!d. f ;rillLng Commission ':VG/T:(5 Ibc) i'_'f tSllh II !;o. Saratoga emu': r:. n31.1 tage 10 ._;_OIC.. C f.0 be provided !.l E3rr dose 'r1,=.ter Cori l p`r v. FF.C.IFir ,;.;i,Ii 1,;,_; Vil; iLr;r' I:riLLE( 6JriTFR DISTRICT 1 I-1pp i.i nt. -rl r9�, !_rior Lis Final Hap ipproval 5u,3 mi t =.L 3nowin7 P, i.J.o:H. ion and lnTrf ned use of any e; 15tin:; the n.c r_r r ;,ew, ertir'icatiQn (,nd registration. VIII. FECIFIC CTI,IEITICCN PI..'INNIi''li; Di rs.r 1. l`J L�`.�1: !_:lJ f1,]�•r'., -Q111, ;:1 _.il r ro ct 1C. 1 1..-1.. =.nc- Hr', ii:i_r.. 1. -n 1:111 t !l l l -1 !owed Xne ._t -1v elcp!nent Fl:;n ,r;_li e iructu res :ni)I.IrI _a :tiGr'GC 1 pin unless cor1Oitioned otn:rljis_. The applicant shall landscape all portions of the public right -of way that are to remain unimproved and all common green area. Land- scaping and irrigation plans shall be submitted to the Planning Division for review and approval prior to building permit. Landscaping and irrigation improvements shall be installed and established within 90 days of completion of the right -of -Tway improvements for the area on the boundaries including the walls. Common area landscaping to be installed prior to issuance of certificate of occupancy on 25% of the units. E. The applicant shall enter into a Landscaping Maintenance Agreement with the City for those landscaped areas within the public right- of-way and all common green areas. The applicant shall maintain these landscaped areas for a minimum of one year after which the homeowner's association shall be responsible for maintaining the landscaped areas. F. All individual lot owners shall be requried to become members of a home- owner's association for the express purpose of maintaining all land- scaped areas within the public right -of -way and all common green areas. The CC &R's of the homeowner's association shall be reviewed and approved by the Planning Division, prior to final approval. r 1 11'!.Jrr:':.:t1 ':ri 7; ..t rilrirtlulll 1 l' 1., .,h;all G' r)Qd1Cat�d along the tr,7tot]7 ;;venue roil _.•.i7 ,rl! t tn2 ;,1 L 111-11•./ landec:Ilping Shall r i;73 L1nico )1J.1 be f'9alnta'nefl i 17 f pr•onlbtt tng any swimming pools. .•r.c5 ^71y Li= InItv1OUa1 LOTS Subject to staff review rio _ipprr�v 1 •port tiering Commission SD-160 1. Teres1(r=1-H Co.), •Saratoga Eucknail The also prohibit any e•l:ertor additLo'ns the struclur2s unless fir0: py Ih homeowner' t5QC.Lit 1 I1flC t Community i)e Deperti H. The C.C.[. be -±L:omitted For 'staff review and .-:pproi prior TO Flnai The (:.C.& R's ±mendeo unless approved oy the City and the Homeowner' ssociation. 1.. Structure::: shall be located as conditioned in Design Review Mpprovi ;'-1-1114. J. The ll's snail bt: e,cordec olA:n tn ri ,n7i1 LC it1 property owner upon purchase c IT. K. .1tub sjI he provided for each unit :o retro;:it panel:5 for domestic water htlacin: L hppiloant compi with the attached mitiqe11. 30-1603. H. Square o unit3 limited to the square the appil2jicn (ds measured by the standards). Report to Planninc, _uraLnission SD -1608 A -1114 A -M Co.) Saratoga and bucknall MITIGATION MEASURES TO BE IMPOSED ON SD -1582 1. A specific and detailed geology and soils report shall be submitted. Said report should address all potential seismic and foundation hazax and address specific mitigation measures. These specific mitigation measures shall be included: Firm anchorage to the structures involved of all light fixtures and /or decorative work Re- enforcement of masonry chimneys with steel tie rod; Attachment to the frame of the building of all water heaters so that they cannot be thrown off their foundations or overturned; Provision within the proposed structures of flexible joints at pipe and conduit corners so that they can move with the building; Provision of flexible joints or details that allow flexibility wherever utility lines enter structures; 8/6/85 Page 12 Firm attachment of all planned structures to their foundations; Installation of a manual shut -off valve in the main gas line where it enters the site; Avoidance of the use of heavy tile roofing materials or design of such roofs so that they will remain in place during a major seismic event. 2. Utilize native species in landscaping and street tree planting (i.e., Coast Redwood and California Liveoak). Street trees to be planted as required by City's Subdivision Ordinance. 3. Control dust by good construction practice, which includes moistening of exposed soil with water sprays. 4. Construction noise impacts, which are temporary, will be mitigated by the requirements of the City Noise Ordinance. Construction hours shall be limited, to between the hours of 7:30 a.m. and 8:00 p.m. The Noise Ordinance limits noise levels from construction equipment and off -site effects. 5. Residential use of the site would be facilitated by construction of an acoustic barrier to shield the lots adjacent to Saratoga Avenue and Bucknall Road. A barrier consisting of a wall, or a berm and a wall, could reduce noise levels in these lots substantially. Barrier design and other structural measures should be developed by an acoustic engineer. Report to Planning Commission SD -1608 A- 1114'(A-M Co.) Saratoga Bucknall 8/6/85 Page 13 6. Inclusion of crime prevention features such as dead bolt locks on door adequate window locks, and well lighted entryways in the design of eac structure. 7. Make water conservation part of the design features of the new structu These measures will also save energy used to transport and treat water and will reduce the amount of sewage shich will have to be treated. 8. To minimize energy consumption the following mitigation measures shoulc be utilized: Insulation of the structures as required by the building code; Provision of natural gas -fired space and water heating as opposed to the use of electric resistance for these uses' Utilize solar collectors for space heating and /or water heating (with natural as backup units); Provide natural gas fired stoves and ovens for cooking instead of electric stoves and ovens. This measure could save 3 percent of the energy used for cooking; Maximize the use of natural lighting in the houses by careful placement of windows and use of properly insulated skylights; Select energy efficient brands of disposals, dishwashers and other installed electric appliances. This measure could save up to 25 percent of electric energy use for these appliances. Select gas appliances with electric ignitors to conserve fuel. Utilize fluorescent lights for installed room lights. This measure could save 50 percent of electric energy use for these lights. Provide gas outlets for natural gas -fired dryers in the laundry area to encourage home -owner use of gas -fired dryers. The use of dryers can save 28 percent of the energy used for this purpose; Install accurate clock- operated thermostats with day and night settings to facilitate conservation of energy by home- owners; Provide water heaters with thermostats which show tempera- ture readings in degrees and which have clear directions for total shutdown and start -up to encourage homeowners to turn them off during prolonged absences from home. 9. If any archaeological remains are uncovered during grading and construc- tion activities work should be halted and qualified archaeologist consulted to evaluate the find to recommend further mitigation measures. Report to Plat. .y. -y Commission SD- 1608 A- 1114 (A -M Co.) Saratoga Bucknall 8/6/85 Page 14 10. Due to the site's very gentle slope, drainage could be a problem whe a significant amount of impermeable surface is added to the site. A specific and detailed grading and drainage plan /report shall be submitted indicating how runoff shall be directed away from the site Report -01 so-leos, .Hresih-H o.), Saratoga Bucknall Fage 15 DESIGN H-iii4 5esign r3eview Recommendation5 and Conditions in hpprove per :2.ff aport dated hugust 13, 193.5 and Exhibits "C, 0 E, F, H and 1" suLect to the following conditions: *1. Strueture A. He etrdetdre-shaiiHbe-greater than 2,506 sq7.--ft.-in-site. B. ally six-elwe_iiinq units had be-ever 2,166 eq. in-site. C. Six-dweliing dnite snail be i,600 011. Et. et-±ees in site. (delete) foil:wng H-e approved by the Planning Commission for 0his project per Section 46.5 of the Zuning Ordinance: h. :5' Fnom rtot hvanue and E:ticLnall Fo‘id, 6. 25' from Erie southwestern property line .adjacent to the Saratoga Farkside ue C. 10' from ail other property Lines forming the perimeter of the U. H minimum 10 separation Ueiween structures, excluding bay windows. The setbacks for the private road serving the property shall be as shown on plans. At least five unite k b single and be locateo adjzicent to the street frontages of the situ ana along that sid.:.; of property adjacent to the C:iiito School. The location of the inq1e try =tructures shall be as shown on plans. ,re Perm:i:ien ior ihierior t1 lines. without previou, The masonry walls shall be setback as indicated on plans from the Saratoga Avenue and Bucknall Road property lines of the site and a MaxiMum height of 6'. and irrigation p i1T b submitted for staff pric. to 1uance nr nUliUlhg P=rMltb. These plans 5n91 clature no i,vorfIren trt,e to be planted along the r'wenue ano rail Road frontaqes f the site. S8 t'I E; :epua6u :a3nO dd9 •s;TWJad GurpTTnq to ;Iouens�T O} JOTJd TeAOJdde pU■ r12TAJ 44919 J04 paTaTWgns aq Heys SUOT} ?naTa J0TJ?1X; 91 uEJ •9 91 abed T Teuyen9 n e601.eJeq '('00 W -u) T saJa P i l l! -r f`08 1 -CS S9/9/8 uoTs7s1WWOo OUTuu T-1 1.1odau L PR06,. V 4 16 411. &i 'WW1 kL uiro P ALUOmin *wpm t t,1"1""UI (TOA.K 1111111111 MOM mmimI,,,, uiiliuIUIlIl1 N I o rumplIIliuI /IIIIIIINMIII usuppoi IIIMNINN o �IIII 111111111 !:r�C u 'I maim ,1111111111111 /��r1�1111IIt� R M 4.000 )00 r 'RA c.-r 7833 7 c51) Jic OF)A-1114 LA M GonAPANY AGENDA BILL NO. /0c),,• DATE: March 5, 1986 Council Action 3/5/86: Introduced ordinance. 3/19: Adopted Ordinance• 71.1. CITY OF SARATOGA SUBJECT: Expanded Parking Enforcement Authority for CSO's AGENDA ITEM 6,A DEPT.: Community Services CITY MGR. APPROVAL Summary: Under the City's existing ordinance, Community Service Officers (CSO's) enforce parking laws covered by local ordinance only. Other parking laws are covered by State Statute, which include blocking a driveway, parking in a space reserved for the handicapped, parking in a fire lane, etc. (a list of parking laws covered by statute is attached). Currently, CSO's contact the Sheriff to issue citations for violations of State law. However, by amending the Municipal Code, the City can authorize the CSO's to enforce State parking regulations in addition to local laws. Fiscal Impacts: $2,760 annually. Staff estimates that having CSO's respond to parking violations of State law would save in the area of $600 per year on chargeable activity hours per year X the difference between the hourly cost of the CSO program of approximate $25 and the Sheriff's chargeable activity rate the 1.8 mbltiplier $85. CSO's would write an average of 10 CVC parking violation citations per month. The average bail for this type of violation is $23 with the City receiving approximately $18. This would result in approximately $2,160 in increased revenue. The total fiscal impact of granting CSO's the authority to issue CVC parking citations is estimated to be approximately $2,760. Exhibits /Attachments: 1. List of parking laws covered by Statute rather than local ordinance 2. Report from Deputy City Attorney 3. Draft amendment to Saratoga City Code Section 3- 05.070 Recommended Action: Adopt Ordinance amending Saratoga City Code Section 3- 05.070 as proposed. California Vehicle Code sections proposed for supplimental enforcement by Community Service Officers: 21113a: Parking on public property without permission 22500(a): Parking with an intersection. 22500(b): Parking within a crosswalk 22500(c): Parking within a safety zone 22500(d): Parking in front of a fire station driveway 22500(e): Blocking a public or private driveway 22500(f): Parking on the sidewalk 22500(g): Blocking excavation 22500(h): Double parking 22500(i): Parking in a bus loading zone 22500(j): Parking in a tube of tunnel 22500(k): Parking on a bridge 22500(1): Blocking sidewalk wheelchair access 22500.1: Parking in marked fire lane 22502a: Parking within 18" of the curb 22502e: Parking within 18" of the curb on a one -way street 22507.8(a) Parking in space reserved for handicapped 22514: Parking within 15 feet of a fire hydrant 22515: Unattended vehicle, left running 22517: Vehicle door left open to traffic when unsafe 22521: Parking within 72 feet of railroad tracks 22522: Parking within 3 feet of a sidewalk access ramp 22523a: Abandoning a vehicle on the highway or public property 22523b: Abandoning a vehicle on private property 38302 Erecting sign, signal or traffic device without authorization. PAUL B. SMITH ERIC L. FARASYN LEONARD J. SIEGAL HAROLD S. TOPPEL GREGORY A. MANCHUK ROBERT J. SMITH STEVEN G. BAIRD NICHOLAS C. FEDELI, JR. TO: FROM: DATE: RE: Saratoga City Council Steven G. Baird January 28, 1986 ATKINSON FARASYN ATTORNEYS AT LAW 660 WEST DANA STREET P.O. BOX 279 MOTTNTAIN VIEW, CALIFORNIA 94042 (415) 967 -6941 MEMORANDUM Amendment to Section 3- 05.070 of the Saratoga City Code Authorizing Community Service Officers to Enforce Parking Regulations of the California Vehicle Code Penal Code Section 836.5(d) states: "The governing body of a local agency, by ordinance, may authorize its officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations of such statutes or ordinance as provided in Subdivision (a)." (emphasis added). Penal Code Section 836.5(a) states as follows: "A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of a statute or ordinance which the officer or employee has the duty to enforce." (emphasis added). Neither Penal Code Section 836.5 nor the cases which construe it restrict the power of a City to establish, by ordinance, the types of regulations which a peace officer or employee has the duty to enforce. To the contrary, Penal Code Sections 836.5(a) and (d) both refer to the duty to enforce a "statute or ordinance." Therefore, I see no statutory or case law prohibition against authorizing the Community Service Officers to enforce the California Vehicle Code parking and removal of parked and abandoned vehicle statutes. The proposed amendment to Section 3- 05.070 of the Saratoga City Code will provide that enforcement authorization. MA -b Steven G. Baird Deputy Saratoga City Attorney J. M. ATKINSON, 11692 -1982) L. M. FARASYN, (1915-1979) SECTION 1: follows: ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3- 05.070 OF THE SARATOGA CITY CODE AUTHORIZING COMMUNITY SERVICE OFFICERS TO ENFORCE PARKING REGULATIONS OF THE CALIFORNIA VEHICLE CODE The City Council of the City of Saratoga does hereby ordain as follows: Section 3- 05.070 of the Saratoga City Code is amended to read as "S3- 05.070 Community Service Officers Each Community Service Officer of the City shall have the duty of enforcing the provisions of this Code, and any other ordinance of the City, and any rule, regulation or order promulgated or issued pursuant to this Code, and the provisions of any code adopted by reference by this Code, and any condition of an approval, permit or license granted pursuant to this Code, and any statutes contained in Chapters 9 and 10 of Division 11 of the State Vehicle Code relating to the stopping, standin7 and parkin of motor vehicles and the removal of parked or abandoned motor vehicles. Whenever, under the provisions of this Code, a particular department head, officer or employee has been delegated a duty of enforcement, such duty and responsibility is not revoked hereby but shall continue and be concurrent with the duty of each Community Service Officer. The, City Council may, from time to time, by ordinance or resolution, add to, change or modify the duties of the Community Service Officers, and may create priorities of responsibility in relation to the particular department head, officer or employee who also may have a concurrent duty of enforcement under any particular provision of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. This above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY CLERK day of 1986, i'1AYOR