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AGENDA
SARATOGA CITY COUNCIL
TIME: Wednesday, January 7, 1998 6:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
SPECIAL MEETING 6:30 p.m. in Administration Conference Room, 13777
Fruitvale Avenue Interview with Parks and Recreation Applicant
Richard Bicknell
CLOSED SESSION 6:45 p.m.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to 'litigation pursuant to Government Code Section
54956.9(b) in two cases.
1 1,1�j7 REGULAR MEETING 7:30 p.m. in Civic Theater, 13777 Fruitvale Avenue
Mayor's Report on Closed Session.
i Pledge of Allegiance
q:3
1. ROLL CALL
3 2. CEREMONIAL ITEMS
.A. Proclamation honoring Chris R. Stuehler, Saratoga Fire
District Firefighter of the Year
.Q��
B. Introduction of Naoya Wada, Japanese Exchange Student
sponsored by Saratoga Rotary
3. REPORT OF CITY CLERK ON POSTING OF AGENDA
_�p y
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on December 31.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
LO A. ORAL COMMIINICATIONS ,C/� e�ocv�•. 74,
City Council Agenda 2 January 7, 1998
B. COMMUNICATIONS FROM COMMISSIONS None.
C. WRITTEN COMMUNICATIONS None.
I it 5 t 5. CONSENT CALENDAR
These items will be acted upon in one motion for each section unless
they are removed from the Consent Calendar for discussion by
Councilmembers or any interested party. However, items in Section A
have already been considered by the Council at a previous meeting where
the public was invited to comment, after which the hearing was closed.
Those items are not subject to public discussion at this meeting
because the vote taken at the previous meeting was final. Resolutions
concerning decisions made at previous meetings are for the purpose of
memorializing the decision to assure the accuracy of the findings, the
prior vote, and any conditions imposed. c b ;�o
A. Previously- Discussed Items None.
B. New Items
1) Planning Commission Actions, 12/24 No meeting.
2) Finance Advisory Committee Minutes, 10/7 Note and
file.
3) Parks and Recreation Commission Minutes, 11/3 Note
and file.
Approval of Check Register
S v ita
5) Final Acceptance and Notice of Completion for ADA
Improvements Phase I (CIP 9302)
S�
6) Approval of Payments for Miscellaneous Construction
Work performed by C.F. Archibald Paving, Inc.
7) Memo Authorizing Publicity for Upcoming Hearings
Vessing Road Assessment District Protest Hearing
I ,s Ss
S� 6.
C. CLAIMS AGAINST THE CITY None.
PUBLIC HEARINGS None.
City Council Agenda 3 January 7, 1998
4. A. oral Communications (continued) and instructions to staff
regarding actions on current oral communications
�7 7. OLD BUSINESS
A. Resolution endorsing Acquisition and Creation of the Bear
Creek Redwoods Regional Preserve J
f oS' 1
;L>3 B. Ordinance amending Article 6 -10 of the Municipal code
relating to Alarm Systems (second reading)
Recommended Action: Adopt ordinance by title only, waiving
further reading.
l
S. NEW BUSINESS
�;O S A. Annual Review of Cityls Investment Policy
Recommended Action: Approve policy as recommended by
Finance Commission..
0 B. Re newal of Lease with Friends of the Saratoga Libraries for
Village Library located at 14410 Oak Street
Recommended Action: Approve lease.
"k 5 9. ROUTINE MATTERS (Note: City Attorney will be excused at this
0 point if no longer needed.)
A. Approval of Minutes 12/17
V j4- S-
10. CITY COUNCIL ITEMS
A. Agenda items for January 13 adjourned regular meeting
Massage Ordinance
Discussion about televising adjourned Council meetings
and location for future Council and Planning
.a
City Council Agenda 4 January 7, 1998
Commission meetings
Policy Manual
Ideas for upcoming Council retreat 3�
B. Other i 1 C
0� �"`'.."`�`z
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t
��2 5 11. ADJOURNMENT to next meeting at 7:00 p.m. on Tuesday, January 13,
at Adult Care Center, 19655 Allendale Avenue.
In compliance with the Americans with Disabilities Act, if you need
special assistance to participate in this meeting, please contact Peter
Gonda at 408/868 -1221. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility
to this meeting. [28 CFR 35.102- 35.104 ADA Title II]
117,1 aT
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM 7A
MEETING DATE: JANUARY 7, 1998 CITY MANAGER:
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Resolution endorsing public acquisition of former Alma College property as the
Bear Creek Redwoods Regional Preserve
RECOMMENDED MOTION(S):
No recommendation. The City Council should determine whether or not to adopt the Resolution.
REPORT SUMMARY:
Attached is a Resolution which, if adopted, would express Council's support for public
acquisition of the approximately 1,100 acre former Alma College property above Los Gatos as
the Bear Creek Redwoods Regional Preserve. The Resolution was drafted per Council's
direction following a presentation made at your December 17 meeting by representatives from the
Greenbelt Alliance. The Resolution does not propose any City funding for acquisition of the
property.
An application for primarily a country club development on the property is currently in process
with the County Planning Department. A draft Environmental Impact Report has been prepared
for the project and has been circulated for comments. The comment period ends at the end of
January after which the EIR will be finalized and the application scheduled for a hearing before
the County Planning Commission most likely in March. Excerpts from the draft EIR discussing
the current site characteristics and the proposed project are attached (Attachment 1). Also
attached are a page from the local chapter of the League of Woman Voters current newsletter
devoted to a discussion of the project (Attachment 2), and the December 2 letter from the
Greenbelt Alliance (Attachment 3). Since the project has little impact on Saratoga, staff has no
recommendation to make regarding adoption of the Resolution. If the Council decides to adopt
the Resolution, direction should be given as to whom the Resolution should be sent.
FISCAL IMPACTS:
None.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
N /A.
FOLLOW UP ACTIONS:
If the City Council adopts the Resolution, copies will be sent to those parties which the Council
directs should receive copies.
ATTACHMENTS:
1. Resolution.
2. Excerpts from draft EIR.
3. Excerpt from LWV newsletter.
4. December 2 letter from Greenbelt Alliance.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ENDORSING
ACQUISITION AND CREATION OF THE BEAR CREEK REDWOODS REGIONAL
PRESERVE
WHEREAS, a community effort is underway to permanently preserve the 1,100 -acre former
Alma College property in its natural state for future generations to enjoy as Bear Creek Redwoods
Regional Preserve; and
WHEREAS, the property is stunningly beautiful and biologically diverse with oak- studded
meadows, hillsides of maple, madrone, and fir, and steep canyons thick with groves of 100- year -old
redwoods which harbor numerous species of mammals, birds, and reptiles; and
WHEREAS, this site is the largest privately -held wildland area in the Lexington Basin and its
protection would help to preserve a contiguous stretch of undeveloped land critical for watershed and
wildlife habitat protection; and
WHEREAS, acquisition and public ownership would provide opportunities for public recreation
and trails linking regional open space areas; and
WHEREAS, the site has long been identified by public agencies and private non- profit land
conservation organizations as a priority for acquisition and preservation; and
WHEREAS, if preserved as public open space, this area will provide tremendous benefit to
current and future residents of the entire region.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby endorse acquisition from a willing seller by a public agency or private land trust of the 1,100 -acre
site formerly known as the Alma College property, and support this land's permanent preservation as the
Bear Creek Redwoods Regional Preserve.
PASSED and ADOPTED by the City Council of the City of Saratoga at a regular meeting held
on the day of 19_, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
Deputy City Clerk
12/29/97 18:09 %Y408 279 8537 SCC /ERA
SECTION I
PROJECT DESCRIPTION
1.1 SITE DESCRIPTION
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The project site is in an unincorporated area of Santa Clara County, approximately roximately one mile south of the
Sphere of Influence boundary of the Town of Los Gatos (see Exhibit 1.1 -1). The site is located. on the west
side of Highway 17, just west of the Lexington Reservoir.
The project site consists of approximately 210 acres of rolling wooded land in the foothills of the Santa
Cruz Mountains. The property is roughly triangular in shape, bounded on the east of by High 17, on
oft Creek
north and west by Bear Creek Road, and on the south by Webb Creek, a tribut
Exhibit 1.1 -2). Briggs Creek and two on -site tributaries flow through the southern half of the site, from
the northwest to the southeast. The approximate site dimensions are: one mile le along the astern boundary of ear
with Highway 17; 3,600 feet along the southern boundary; and over on
along he
Creek Road on the northwestern side.
The site is largely undeveloped and covered with woodland, chaparral, g rassland ravines ante c o rr idors
along stream courses. Site topography is irregular, with numerous steep h and
with several spur ridges containing areas of relatively level ground (see Exhibit 1. 1-3). Elevatio on the
site range from just under 700 feet above t southeast corner of the s i e. t The northern half of the site is
17, to over 1,000 feet on the hilltop near
generally lower in elevation than the southern half and consists of gently sloping hillsides covered with open
fields of grass interspersed with wooded vegetation. This area also includes 10 acre densely wooded
vineyards, located in the northeast corner of the site. The southern half of the site is n
and has steep slopes associated with deeply incised creek channels. Unpaved access roads and trails
meander throughout the site.
There are a number of existing structures on the site including the former Alma College buildings, a horse
ranch and stables, several residences, a large water tank and a wastewater i posal facilnry. These
structures and facilities are described below and shown in Exhibit 3.1 -1 of th Land
Alma College This group of structures covers approximately 4.0 acres of relatively level ground along a
spur ridge
in the northwest corner of the site, near Bear Creek Road. The building complex includes a two
story former library, a chapel, a one -story building formerly used for classrooms, a two -story residence,
and a one -story maintenance facility. Except for a caretaker who occupies some of these facilities while
managing the property and a portion of the library building which is being used as a temporary office for
the Los Gatos Country Club, none of these buildings is currently in use. There is also a 1' /2 acre pond
nearby to the west, adjacent to Bear Creek Road.
obert etn, i liam Frost !ic Associates
L os Gatos Country Clib Project Project Description
Environmental impact Report 1 1 November 10, 1997
G: \G RP30 \PDATA \650049\ WP \FE1R \S ECT.1
12/29/97 18:09 U408 279 8537 SCG /ERA Ljj u u
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2,000 Feet PROJECT VICINITY
Exhibit 1.1 -2
CM qi belt�Bwq, `.00 GL,9."Oates
9 -97 JN 650049
12/29/97 18:11 V408 279 8537
SGUERA IK.I UUJ/ Ul4
EXI RESIDENCI
Nora pen o 1suaed Property Lin
y BEAR CREEK OVERPASS
Architectural FJemert r u w e PROPOSED HIKING TRAII
EMPLOYEE RESIDENCES
1. Unit 1 Gdl Course Superinrartdenl. 3. Un113 General Manager f
2. Unit 2 Director of Goll 4. Unit 4 Head Proleaeional.
GppLF C2W S ENTRY r r
Sign Monument and Gates w161 new 2W US )are. i r r i; t
MAINTENANCE BUILDING 1
Mainlenence vehicle storage, 6.000 s.1.
ADDITIONAL PARKING
EMPLOYEE DUPLEX TRIPLEX r
CLUBHOUSE u:' t pl 1
Pro Shop and Grill with Can S agri �Y I t
Parking for. .l;
PROPOSED LAKE D
r
RELOCATED EXIT
NEW 2 LANE ROAD
Rebcaled Exit wlth Gate. I
:c'
EXISTING LAKE
Approx. 2 acres. Gravity source or course
�f
PRACTICE RANGE COMPLEX (25 Turf Te
irrigation- clean, inc. depth, size and seal.
d support buidLp. 52 Parking Spaces Provid
EXISTING BUILOING3
Existing Buildings to be used for a AINetic
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LANDSCAPED SOUND WALLS
Facility, ro
ry, Park Ing of 176 spaces are video.
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EXISTING ALMA COLLEGE ROAD
Restaurant to serve the total project.
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ENTRANCE AND EXIT (Provides es entram
MAINTENANCE BLDG. 2 (Maintenance. 4,c
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STORAGE
\1
EXISTING SEWAGEISEPTIC FACILITY (t
eccromnodate proposed project.)
Existing Residence to be
converted to storage.
"ij
EXISTING 5oD,DDo GAL WATER TANK
For lira protection and course Irtlgelion.
EXISTING AKE B
2 acres or course Irrigation.
4/
Clean, Increase depth, instep z—
TENNIS COURTS
purnps station.
Source: den FER Architects
O ki 1' 500 feet
IRV 9-97 JN 65DD49
12/29/97 18: 13 %Y408 279 8537 SCC /ERA Lyj uu ul-,
Access to the former college site is via Ahna College Road, a private d tending westward to the
College from Highway 17, with another entrance to the west off Bear Creek
Horse Ranch and Stables: This group of structures covers approximately and a corral and spur ridge
stables. in
Bear
central area of the site. These structures consist of a barn, two residences,
Creek Stables operates from these facilities.
Caretaker Residences: Three other single family residences are present at various locations throughout the
property. The residences were all former caretaker and staff residences and date from the early to middle
part of the century. These residences are not occupied at the present time.
Water Storage Tank Located on a hill near the southeastern corner of the property is a 500,000 gallon
concrete- covered storage tank operated by the applicant.
Wastewater Dis oral Facili There is a small, abandoned sewage treatment plant located south of the
Alma College Road entrance off Highway 17, which previously served Alma College and its successor
schools. This facility was installed in 1938 and consists of an Imhoff tank, gravel filter and dosing siphon
which discharges to a spray system in an adjoining hillside garden area.
The project site is part of a larger landholding which comprises a total of approximately 1,100 acres.
However, the applicant only holds an option to purchase the 210 acres which is the subject of this EIR.
The applicant has no written or implied agreements regarding the remaining 890 acres. Most of this larger
property is located upslope and to the southwest of the project site, except for a small portion of the
property that extends east of Highway 17, encompassing the site of the Alma Fire Station (see Exhibit 1.1-
2). These lands are not included in the project. Although the adjacent 890 acres of the larger landholding
have some development potential, there are no current plans for the development of this area. It is
important to note that the proposed Los Gatos Country Club project is intended as a stand -alone project and
is not dependent on the development of the adjacent 890 acres for project feasibility. Any future
development of this adjacent property would require a separate development application to the County
followed by full discretionary review and environmental assessment. Nonetheless, this EIR addresses the
potential cumulative effects of the proposed project in conjunction with the adjacent 890 acres in Section
4, Cumulative Impacts. The County has made no commitments to approve any future development which
may be proposed for the adjacent 890 acres. (See also Section 6, Growth- Inducing Effects of the Proposed
Project).
The timber rights on the adjacent 890 acres were sold by Hong Kong Metro Realty in August 1997. A
timber harvesting plan for the adjacent 890 acres may be filed in the near future. However, any such
timber harvesting plan would not be proposed as part of the proposed project. The project applicant holds
no rights to timber on the adjacent 890 -acre site.
o ert etn, William Frost Associates
Los Gatos Country Club Project Project Description
Environmental Impact Report November 10, 1997
G: \GRP30 \PDATA \650049 \WP \FEIR \SECT. I 1-5
12/29/97 18:13 $408 279 8537 SCC /ERA Lk.J uUa,UI -i
1.2 DESCRIPTION OF THE PROPOSED PROJECT
1.2.1 BACKGROUND
A use permit application and Draft Environmental Impact Report (DEIR) were submitted to the County
of Santa Clara in 1995 for a similar project on the 210 -acre project site. This previous project involved
a private membership, 18 -hole golf course and country club development to be built in two phases.
The first phase of the previous project was proposed to consist of construction of the golf course, a
12,500 square -foot clubhouse, maintenance facilities and four single family dwellings for employees. The
project was proposed to include an expanded water system for domestic use and irrigation supply, and
a new on -site sewage treatment and disposal system. A new internal roadway system was also proposed
as part of the first phase of the project.
The second phase of the project was proposed to include an athletic club and additional employee housing
consisting of one duplex and one triplex. An athletic club was proposed that would reuse the former
Alma College buildings on the site. The second phase would have required a separate use permit.
The 1995 EIR was not certified by the County, nor was the use permit for the previous project approved
by the County; therefore, the project was not implemented. The current project contains features that
address environmental issues raised by the County, responsible agencies, and the public during public
hearings, meetings and discussions regarding the previous project. Accordingly, environmental impacts
associated with the current project would be less substantial than those associated with the previous
project.
The current proposed project differs from the previous project in the following ways:
All project features associated with the current project would be implemented in a single
construction phase rather than in two phases;
The size of the clubhouse has been substantially reduced from 12,500 to 6,500 square feet;
The internal connector road would traverse a different alignment in the current project than that
proposed in the previous project;
The proposed maintenance facilities would be located on a portion of the site less visible to
passing motorists on Bear Creek Road, reducing the visual impacts resulting from the location
of these facilities as proposed under the previous project;
Ten tennis courts and an associated parking area, as well as land for a public hiking trail are
proposed to provide additional recreational opportunities;
The golf.cart storage area would be relocated;
Los Gatos Country Club Project o ert Bein, William Frost Associates
Environmental Impact Report Project Description
G: \GRP30 \PDATA \650049 \WP \FEIR \SECT.1 1 -6 November 10, 1997
12/29/97 18:14 U408 279 8537 SCC /ERA lV.JuuuivlY
Landscaped sound walls would be constructed near the driving range to attenuate noise impacts
on driving range users;
b The project would feature a more comprehensive wastewater reclamation and treatment system
(as described in Section 3.15, Wastewater Treatment and Disposal);
b The project has been approved for participation in the Audubon Signature Program for golf
courses, which establishes stringent guidelines for golf course construction and operation to
minimize impacts on the environment (see Appendix P, Audubon Signature Program);
b As part of the project, the project applicants would establish a "remainder trust" for ownership
and operation of the Country Club by San Jose State University upon the demise of the project
applicant.
1.2.2 PROJECT OVERVIEW
The proposed project is a Use Permit application for a semi public membership, 18 -hole golf course and
clubhouse, and an ancillary athletic club development, maintenance facilities, recreational trail, driving
range and four single family dwellings, one duplex, and one triplex for employees (see Exhibit 1.2 -1). The
project also includes the dedication of approximately 65 acres of open space (see Section 3.2, Parks,
Recreation, and Open Space). The project would include an expanded water system for domestic and
irrigation supply, and a new sewage treatment and disposal system. The golf course and athletic club would
be intended for the use of country club members; however, the golf course would be open to the public one
day a week. Additionally, the driving range and recreational trail would be open for use by the general
public at all times. A description of each of these and other project elements is provided in Table 1.2 -1,
based on information and plans provided by the applicant, the golf course architect, and the project
engineers.
Construction of the golf course facilities would require approximately 9 to 12 months. The remodeling for
the athletic club would be completed in approximately six months. Construction of the employee housing
would be completed within two years. When the golf course and athletic club are completed, approximately
25 -30 permanent jobs would be created. In addition, the proposed project would generate approximately
40 youth and summer jobs.
1.2.3 GOLF COURSE
A major focus of the project would be development of an 18 -hole, par 72, golf course with an overall
it length of approximately 6,400 yards. The course would be intended for private use; however it would
remain open one day a week to the public and would be open to the public for tournaments. The course
�I would also be the home course for the Los Gatos High School golf team. The San Jose State University
men's and women's golf teams would use the course for practice and an annual fundraiser.
r�
Lo s Gatos Country Club Project Robert Bein, William Frost Associates
Environmental impact Report Project Description
G: \GRP30 \PDATA \650049 \WP \FEIR \SECT.1 1 -7 November 10. 1997
12/29/97 18:14 VU408 279 8537 SCC/ERA
Imo/. U i U1,
One of the objectives of the golf course design is to minimize potential environmental impacts by reducing
the area devoted to turf to 55 acres (versus over 100 acres for a typical course), and retaining drought
resistant grasses in non -play areas to minimize the amount of irrigation water, nutrients, and pest
management needed. Golf course landscaping materials would emphasize native and drought- tolerant
species. The existing on -site water courses would generally be avoided by the golf course plan. However,
several water course crossings would be required for internal circulation by vehicles and golf carts. The
golf course would feature four lakes, including two new lakes and two existing lakes.
One of the existing lakes would be reconfigured. The other existing lake would be used to store irrigation
water, but would not be part of the golf course features. These lakes would be used as storage reservoirs
for irrigation water, and for the collection of runoff from the golf course. The two new lakes would be
lined with impermeable PVC material to prevent seepage.
The total quantity of cut and fill to be moved for the golf course would be approximately 360,400 cubic
yards of cut and 360,400 cubic yards of fill (with a balance on the site). This earthwork quantity does not
include topsoil stripping which would include removal, stockpiling and replacement of an additional 65,000
cubic yards within the golf hole corridors for grading and contouring of the course. No import of soil is
required for the proposed project.
While approximately 400 trees would require removal, tree removal would occur on less than 2 percent of
the project site. An average of Iess than 2 trees per acre would be removed. Additionally, some impacted
trees would be retained, relocated and transplanted to other areas of the project site to supplement the
proposed landscaping on -site. Trees that cannot be avoided or transplanted would be replaced at a raio
of at least 3:1.
The construction of the golf course and associated improvements would be scheduled to occur over a period
of 6 months. This would be followed by a grow -in period for the turfgrass which would require an
additional 3 to 6 months (limited play could occur after 3 months).A driving range would be located on a
5 -acre site in the southeast portion of the site, just north of the Alma College Road entrance off Highway
17. The range would be approximately 75 yards wide and 230 yards long, and would have 25 artificial turf
mats and parking for approximately 52 cars or golf carts. A small building of approximately 50 square feet
would be built near the driving range to provide ball sales and storage, and a restroom. Protective netting
would be placed around the perimeter of the range to block errant balls. The driving range would be
intended for daytime use only; therefore, no night lighting is proposed.
Two sound walls are proposed for the golf course frontage on Highway 17 to shield golfers from highway
traffic noise. The first sound wall would be located at the site of the driving range, just north of the Alma
College Road entrance. This sound wall would be 8 to 10 feet high and approximately 300 feet long (see
Los Gatos Country Club Robert Bein, William Frost Associates
Environmental Impact Report 1 -10 Project Description
G: \GRP \650049 \WP \FEIR \SECT.!
November 10, 1997
12/29/97 18:15 0408 279 8537 SCC/ERA LJUU0/
4 1 Exhibit 1.2-2). This sound wall
would be located at the top of a slope which is approximately 4 feet higher
in elevation than the adjacent deceleration lane. The second sound barrier would be located 200 feet to the
north, behind the 7th tee. This wall would be 8 to 10 feet high and approximately 75 feet long, and would
partially wrap around the tee area in an arc. The appearance would be similar to the driving range sound
wall (see Exhibit 1.2 -2). Both sound walls would be aesthetically enhanced by architectural
embellishments, and would utilize existing vegetation and new landscaping along the highway frontage to
further soften their appearance.
Along Bear Creek Road at the southwestern end of the site, a 900 -foot long, 8- to 10 -foot -high rock wall
would also be constructed (see Exhibit 1.2 -3). This wall would extend from the new entrance to the Alma
College buildings northward around the existing lake area, and would provide traffic noise attenuation and
seclusion for that area of the golf course. Elsewhere, the project site would be surrounded with a 6 -foot
vinyl- coated cyclone fence, except along the southern boundary, which would remain unfenced.
1.2.4 CLUBHOUSE
The clubhouse would be located in the north central portion of the site, on a ridge between two knolls at
one of the higher elevations on the site. Access to the clubhouse would be via the main entry road off Bear
Creek Road. The clubhouse would be a two -story 6,500 square -foot building (see Exhibit 1.2 -4). The
clubhouse space would be devoted to the following uses: administrative offices (1,250 sq.ft.), pro shop
t (1,000 sq.ft.), grill and kitchen (2,000 sq.ft.), men's and women's restrooms and lockers (1,250 sq.ft.),
and entryway /stairs flow through space (1,000 sq.ft.). The grill and kitchen will be open to serve breakfast
and lunch. The adjacent parking area would have capacity for 125 vehicles, with landscaping and bollard
lighting. Low pressure sodium lights would be used to reduce nighttime glare. A putting green would be
located next to the southwest corner of the clubhouse. Up to 15 employees would work in and around the
clubhouse facilities at any given time.
Based on the preliminary elevations (see Exhibit 1.2 -5), the clubhouse building would be graded into the
hill to display a lower profile, and would be designed to blend in with the natural surroundings. The
building mass would be visually divided by varying the roof lines and the planes of the exterior walls. The
building exterior would consist of a combination of neutral colored (tan/brown) concrete and river rock.
Non -glare glass would be used for windows. An existing oak tree at the south entryway would be
preserved and incorporated into the site design. In addition, several existing oaks proposed to be removed
for the golf course would be transplanted on the north side of the clubhouse to provide visual screening.
Landscaping around the clubhouse would primarily consist of a variety of native plant materials.
I
F os Count ry Cub obert Bein, William Frost Associates
mentl mpact Report M0 PDATM6500491WPTEIR \SECT.1 Project Description
November 10, 1997
12/29/97 18:16 V408 279 8537 SCC/EHA ig UUyiUi-1
A 2,250 square foot golf cart storage building would be located to the southwest of the clubhouse. One
wall would be constructed of cyclone fencing to allow ventilation. The 75 golf cart storage building would
include electric chargers, a maintenance area, and a golf club storage room. Since electric carts release
potentially flammable hydrogen gas when being charged, the cart storage area would include a sophisticated
ventilation system designed by a qualified HVAC engineer. The system would be designed to circulate and
replace the volume of air in the room at least five times per hour while carts are being charged. There
would be no gasoline stored in the cart storage area. Washbays to hose down and clean carts would be
located just outside the building and would drain to an oil /water separator to collect any grease or other
hazardous materials washed from the carts. The filtered runoff water would be conveyed via grass swales
to one of the new irrigation storage lakes.
1.2.5 ATHLETIC CLUB
The former Alma College buildings would be adapted for reuse as a proposed athletic club. The historic
attributes of all the existing buildings would be preserved to the greatest extent feasible. The total building
area of this facility would be approximately 18,000 square feet to serve up to 500 members. The maximum
number of member using the athletic club facilities at any one time is estimated to be 150 members.
Parking spaces would be provided for 176 vehicles (see Exhibit 1.2 -6). The former classroom building
would contain rooms for aerobics, weight training, half -court basketball and equipment storage or office
space. The former library on the upper floor of the main building would be used for aerobics, meetings,
and social events such as banquets after golf tournaments, or weddings. The lower floor would continue
to house the basement heater and storage areas, with the remainder converted into a locker room. The
chapel portion of the main building would become a restaurant, which would utilize the large adjacent deck
for outdoor dining. The first level would be used for office and storage space. Both the athletic club and
the restaurant would be for use by club members and guests. The athletic club would be open from 6:00
A.M. to 10:00 P.M. The restaurant would serve lunch and dinner.
The athletic club would include an outdoor 42' x 75' lap pool, a 10' x 20' tot pool, a spa, a new office and
registration building, a new 2,000 square -foot building for a snack bar and pool equipment, and a pedestrian
bridge to provide access to the parking lot to the southwest. These new elements would be located to the
west and north of the existing structures. A 2,000 square -foot deck would be added to the west end of the
library building. Beneath the deck would be an 800- square -foot indoor pool.
The athletic club would feature a total of 10 tennis courts. Four covered tennis courts would be located
in the southwestern portion of the project site, southeast of the other athletic club facilities and west of the
internal maintenance road (see Exhibit 1.2 -1). Twenty -one parking spaces would be created to serve these
courts. These courts would be covered with a plastic tarp to prevent the intrusion of leaves and debris.
Los Gatos Country Club Robert Bein. William Frost Associates
Environmental Impact Report 1 -16 Project Description
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Six additional tennis courts would be located adjacent to the knoll in the southernmost corner of the project
site, in an area proximate to the existing 500,000 gallon water tank. Three of these courts would be
covered and located on the western foot of the knoll. The other three courts would be located on the
eastern foot of the knoll. Two parking lots containing 48 parking spaces would be created to serve these
six tennis courts. Ten of the 48 parking spaces would be located immediately northeast of the westernmost
covered tennis court. Grading for the ten tennis courts would require a maximum of 100 cubic yards of
cut and fill per court.
1.2.6 EMPLOYEE DWELLINGS
Four new single family dwellings are proposed to be occupied by employees of the country club. All four
dwellings would be located in the north- central area of the site, in the vicinity of the clubhouse. These units
would replace the existing five caretaker dwellings, which would be demolished. Since these existing five
dwellings pre -date the requirement for building permits, they are legal non conforming uses on the site.
The new dwellings would be an integral part of the golf course and would not be built on individual lots
or be part of a subdivision. The proposed dwellings would each be less than 5,000 square feet and would
include the following characteristics:
Unit ##1 would be constructed on the site of an existing residence located just east of the planned clubhouse
parking lot. This dwelling would be occupied by the golf course superintendent, and would not be visible
from Highway 17.
Unit N2 would be located southeast of the parking lot. This dwelling is intended for use by the head
professional. This dwelling would be partially screened by existing trees and additional landscaping.
Unit #13 would be located just southwest of unit N2. This dwelling would be occupied by the director of
golf, and would be partially visible from Highway 17.
Unit 1#4 would be constructed on a site located approximately 250 feet northeast of unit ##1 at the site of an
existing residence. This new dwelling would be served by a separate private driveway from the main entry
road. This residence would be used by the general manager, and would not be visible from Highway 17.
The project would also include one duplex and one triplex to house golf course employees. The duplex
would be located approximately 400 feet north of the clubhouse near the northern site boundary. It would
be located near Maintenance Building 1 and would use the same driveway to gain access from the main
entry road. The triplex would be located just southeast of the duplex.. Each dwelling unit would be
approximately 2,000 square feet. A total of 21 parking spaces would be provided for the duplex and
triplex.
Los Gatos Country Club Robert Bein, William Frost Associates
Environmental Impact Report 1 -18 Project Description
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U408 279 8537 SCC /ERA L"�J UI.L uiY
1.2.7 MAINTENANCE FACILITIES
The project would include two maintenance facilities. Maintenance Building 1 would be located
immediately to the right of the golf course entry. It would include a 6,000 square -foot building, with
adjacent parking for six vehicles. The interior of the building would be used for equipment maintenance
and storage. Organic nutrients and organic pest management materials would be stored in this facility. A
reserve supply of chemical fertilizers and pesticides would be stored in a hazardous materials shed located
outside the main building for use during periods when organic materials would not provide adequate
controls.
The adjacent surfaced area would include storage bins for landscape material and a trash enclosure for
dumpsters. A covered washdown area at the rear of the building would drain to an advanced wash water
filtering and recycling system to capture grease and other hazardous materials washed off the equipment
and vehicles. In the southwest corner of the site, there would be a separate area for above- ground storage
of diesel and gasoline to fuel vehicles and equipment. The maintenance facility would have one split 1,000
gallon vaulted storage tank which would hold 500 gallons of gasoline and 500 gallons of diesel fuel. This
would consist of a steel tank enclosed in secondary containment and encased in 6 inches of reinforced
concrete. The fuel storage area would be surrounded with a concrete berm to provide further containment
in the unlikely event of a fuel leak or spill. The entire maintenance facility site would be surrounded with
a continuous 6 -inch concrete curb, and an 8 -foot high chain link fence with a windscreen.
Maintenance Building 2 would be located .150 feet south of the driving range. It would consist of a 4,000
square -foot building to be used only for the storage of maintenance vehicles and equipment. The building
would be designed to be consistent with the County's Environmental /Design Guidelines for Golf Courses.
Thirteen parking spaces are included in the plan.
Both maintenance facilities would be operated in accordance with a Hazardous Materials Management Plan,
to be approved under the County's Hazardous Materials Storage Permit Ordinance.
1.2.8 ASSOCIATED IMPROVEMENTS AND PROGRAMS
Access and Circulation
Main Entry Road The main access to the golf course would be via a new entry road located off Bear Creek
Road, approximately 1,500 feet west and south of Highway 17. A westbound left -turn pocket would be
added to Bear Creek Road to accommodate turning movements into the golf course and prevent interference
with traffic flow on Bear Creek Road. The clubhouse would be located 400 feet south on the main entry
road.
Los Gatos Country Club 1
Environmental Impact Report Robert Bein, William Frost Associates
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November 10, 1997
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LP.jUIL/ ul.,
Alma College Road A second project access point would be provided at the existing Alma College Road
�i entry off Highway 17 in the southern portion of the site. This would provide direct access to the practice
range planned for the area just north of the Alma College Road entrance. Because of the median barrier
on Highway 17, only right turns in and out of the site would be possible at Alma College Road.
Alma ColIeee Road to Bear Creek Road Currently, Alma College Road extends westward for one -half mile
to the Alma College complex where it terminates. The proposed roadway would be extended past the
college buildings to connect with Bear Creek Road to the west. This would provide an alternate circulation
route and emergency access for the project.
Western Entry off Bear Creek Road There is an existing driveway entrance from Bear Creek Road to the
Alma College site, which is located just north of the existing pond. This entrance would be closed and a
new more direct entrance created 700 feet to the south. This would provide direct access to the athletic
club and complete the through connection for Alma College Road, described previously.
Internal Connector Road: To provide a connection between the clubhouse and the practice range, a new
internal roadway would be constructed through the central portion of the site. This paved roadway would
cover a distance of approximately one -half mile, and would include one -way loops in the middle portion
of the roadway. Two new minimum 15 -foot wide bridges would cross over Briggs
would be 18 feet wide with two -foot wide shoulders on each side. In tight situations, r the roadway could
be built without shoulders for short distances.
Golf Cart Paths and Brid es: Access to all golf holes would be provided by a system of 7 -foot wide
concrete cart paths. These cart paths are intended to blend in with the natural setting, and would be used
by golfers and maintenance vehicles. Four bridges for the cart paths would be required to cross various
stream channels throughout the site. Bridge #1 would be a 15 -foot span to cross a drainage channel
between the 8th green and the 9th tee. Bridge H2 would be a two-way 50 -foot span for carts traveling from
the 10th green to the 11th tee, and in the reverse direction from the 18th tee to the 18th fairway. Bridge
#3 would be a 70 -foot two-way bridge located south of the 11th green, and would be used by carts traveling
from the 11th green to the 12th tee, and for carts traveling from the 15th green to the 16th tee. Bridge #4
is an existing bridge north of the 12th tee that would be upgraded and reinforced as required. The golf cart
bridges would either be railroad flatcar type bridges g or typical wooden cart bridges. In either case, the
bridges would span the watercourses without piers or abutments in the bed or bank of the stream. The
bridges would be founded on concrete piers to be located beyond the stream channels.
Gradinu and Excavation
Grading and excavation would be required to recontour natural slopes into playable fairways, to create lakes
for water elements and irrigation storage, to prepare the site of the clubhouse and parking lot, and to create
Los Gatos Country Club
Environmental Impact Report Robert I3ein. William Frost Associates
G:\GRP30 \PDATA \650049 \WP\FEIR \SECT.1 1 -20
Project Description
November 10, 1997
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One of the new lakes "Lake D would be excavated in the central area of the site, where the horse
corrals are now located. This lake would involve the removal of approximately 27,000 cubic yards of
earth, which would be used as fill for the adjacent fairways. The second new lake "Lake C would be
excavated in the northeastern portion of the site, just south of the abandoned vineyards. This lake would
involve the removal of approximately 14,100 cubic yards of earth, which also would be used as fill for the
adjacent fairways. In addition, there is a fourth lake "Lake B which is an existing lake located on the
southern boundary of the site, adjacent to Webb Creek. This lake is not proposed to be part of the golf
course itself, but would be used to store irrigation water. Approximately 3,050 cubic yards of material
would be excavated from this lake.
Due to the potential for deer to enter the lakes, the lakes would be designed to include areas where deer
can readily return to shore.
Drainage
Golf Course Drainage
The golf course drainage plan would collect stormwater runoff from fairways, tees, and greens, and convey
as much of it as possible to the three lakes described above, or to seasonal detention basins (including a
small basin located north of Hole 8, and a larger basin located west of the 7th tee). In those areas of the
course where this would not be practical, runoff would be directed through vegetated filter strips prior to
being dispersed into any natural drainage course. The three on -site lakes would be lined with impermeable
material and would be separate from and not connected to existing natural drainage ways. Since these lakes
would also provide for irrigation storage, the runoff reaching the lakes would be recycled to the golf course
irrigation system. However, to prevent the lakes from overflowing, they would be equipped with
emergency spillways which would discharge into the natural water courses only in the event of a major
storms. Irrigation needs would be low in winter and therefore, the lake levels would be kept low to
accommodate storm flows and generally avoid the need for releases over the spillways. An existing
reservoir located in the southern portion of the project site contains sufficient capacity to store effluent
during periods when irrigation is not possible, such as during wet periods of winter.
The golf course would be designed to minimize potential impacts to surface water quality by several means
including: having a relatively small area devoted to turf (55 acres), thus minimizing nutrient and irrigation
needs; implementing computer controlled irrigation to prevent overwatering; and employing a substantially
organic integrated pest management (IPM) system that reduces applications of fertilizers, pesticides,
fungicides, herbicides and other chemicals (see following paragraphs for a detailed discussion).
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L�. Ui
Under all but the most severe storm conditions, overland flows across the dense turfgrass would be
sufficiently slow that water on the fairways would infiltrate to the turfgrass before it would move
horizontally. In addition, the turfed fairways would be surrounded by roughs which would not be irrigated,
fertilized or treated with pest control chemicals. These roughs would range in width from 10 to 60 feet,
with an average width of 30 to 40 feet. These rough areas would provide for filtration of nutrients which
may be transported from the adjacent fairways.
Since the golf course would be designed to avoid the existing on -site drainage courses, the natural areas
separating the managed turf grass from the natural streams would provide a further buffer strip for
infiltration of runoff. In most areas where the golf course runs adjacent to a water course, the separation
would be 200 feet or greater. That distance would be reduced to 100 feet along portions of Holes 10, 12
and 17. In the area of the 17th green the separation would be the narrowest, at 50 feet.
In addition, the greens and traps would all have subsurface drainage systems installed to collect irrigation
and rain water infiltrating the sandy base material. These drains would discharge back out onto the
fairways.
Detailed Golf Course Drainage Concept
The front nine holes in the northern area of the site would be situated on elevated meadows which are
generally devoid of water courses. The first four holes and the 9th green would be contoured and have sub
surface drainage systems to direct flows to Lake C. In the event that this lake fills, excess water would be
pumped to either Lake A or D.
Drainage from Hole 5 would be conveyed to a large area of grassland east of the hole. Runoff from Hole
6 through 9 (except the 9th green) would follow natural drainage routes and would be channeled to a native
retention basin to be created near the 7th tee.
The back nine holes would be situated on three ridges separated by ravines. The fairway to Hole 10 would
drain through a vegetative strip south of the fairway before reaching the creek bank. The 10th green would
be angled away from the slope leading to the creek, and sub surface drainage would disperse runoff back
onto the fairway where it would pass through the vegetated strip before entering the creek. At Hole 11,
the surface runoff and sub surface drainage would channel runoff through a grass swale behind the green
to filter it before it enters the creek. The tees and the first half of Hole 12 would drain through a vegetated
strip on the slope heading toward the creek.. The second half of the 12th fairway and the green complex
would drain into Lake A. All of Hole 13 would drain into Lake A. Hole 14 would drain through a grass
filter strip on the north side of the fairway and green. The 16th tee would drain into natural .grasslands
towards the 11th green. The 16th fairway would drain into Lake D, and the green would drain through a
natural vegetative filter strip on all sides of the green to creeks far below. The 17th hole would be graded
Los Gatos Country Club Robert Bein, William Frost Associates
Environmental Impact Report 1 -24 Project Description
G: \GRP30 \PDATA \650049 \WP\FEIR \SECT.I November 10, 1997
ArrA(0M -Eur Z
NAT U R A L R ES O U R C ES b Priscilla Albri
Update on the Proposed Development of the
Alma College Land in Lexington Basin
This concerns the 1100 mostly undeveloped acres
north of highway 17 adjacent to Bear Creek Road
and above the Lexington Reservoir. There have
been some major changes since the last article in the
Voter. Hong Kong Metro Realty has sold the
timber rights to Big Creek Lumber Company and a
timber harvest plan is being prepared. Pietro
Denevi's proposal for a private country club with a
golf course, driving range, restaurant, tennis courts
and athletic club on the lower 210 acres is again
being presented before the Santa Clara County
Planning Commission. The DEIR (Draft
Environmental Impact Report) for this proposal was
published in November and a copy is available in
the Los Gatos Library, if you wish to read,it.
There are a lot of disturbing inconsistencies in this,
plan. There are concerns about: pesticides and other
pollutants getting into Lexington Reservoir; the
need for almost 50 million gallons of water per year
for the proposed country club; the proposed
grading and moving of 720,800 cubic yards of
earth; development on a property which lies
directly on the San Andreas Earthquake fault (The
DEIR calls it a "trace" of the fault.); and landslides.
Preliminary discussion of this proposal began at the
December fourth Planning Commission Meeting.
During this meeting, our League's statement in
support of creating a natural public preserve was
read (see adjoining column). The Planning
Commission extended the deadline for comments
on this plan to February 5th, 1998. If you have any
objections to this DEIR, please write the Santa
Clara County Planning Commission before that
date. If you would like to see a public nature
preserve on this land, please inform your county
supervisor of your concerns. Don Gage and Joe
Simitian are the supervisors for our area. Letters
count!
Please call me at 356 -3253 if you have questions.
TEXT -OF THE STATEMENT APPROVED BY
THE BOARD OF THE LEAGUE OF WOMEN
VOTERS OF LOS GATOS- SARATOGA-
MONTE SERENO AND READ BEFORE THE
SANTA CLARA PLANNING COMMISSION
ON DECEMBER 4, 1997
My name is Dr. Priscilla Albright and I am speaking
on behalf of the League of Women Voters of Los
Gatos, Saratoga, and Monte Sereno. We have strong
reservations about the development of the Los
Gatos Country Club on the basis of our county
position, which supports the preservation of open
space and the conservation of the natural assets of
our environment and encourages the acquisition of
park and open space lands. This is the largest
remaining undeveloped property in the Lexington
Basin. It is the second highest priority open space
preservation site based on the County's Open Space
Preservation 2020 Report. A golf course has
already been approved for the number one priority
site. With the rapid development of our valley and
increasing population, can we afford to let such a
potentially important piece of undeveloped property
be destroyed?
The League of Women Voters also has concerns
about the impact this development could have on
the water quality of the Lexington Reservoir, for it
is in the Los Gatos Creek Watershed which drains
directly into the Lexington Reservoir. The DEIR
states that the manager of the golf course could use
pesticides and other chemicals, if organic methods
do not work. There are other issues of increased
traffic, grading, land stability, loss of wildlife,
extensive water use, but even if the mitigation of
most of these environmental problems is successful,
the nature of land use will be irrevocably changed.
The commercial uses of this property are not
consistent with the County General Plan and the
League of Women Voters encourages you to deny
the permit for development.
January 1998 LWV Los Gatos•Saratoga•Monte Sereno Page 9
Dec -12-W UL:UbP
ATTACHMENT 3
P E O P L E FOR O P E N S P A C E
December 02,1997
Mayor Donald Wolfe
1377 Fruitvale Avenue
Saratoga, CA 95070
Re: Support for Bear Creek Redwoods Regional Preserve
Dear Mayor Wolfe:
We are writing to enlist your support for the campaign, spearheaded by
the local community group, Friends of Bear Creek Redwoods, to create the
Bear Creek Redwoods Regional Preserve. This 1,100 acre property bounded by
Highway 17 and Bear Creek Road has been of keen interest by parks agencies
over the years, and we may finally have the opportunity to protect this land
as a public open space preserve for all to enjoy. We are writing to area local
elected and appointed officials because this property represents a true regional
resource, within easy access by most Santa Clara County residents and
connecting to other regional parks.
Formerly known as the Alma College property, Bear Creek Redwoods
is the largest wild area left in the Lexington Basin area and has long been a
priority property to acquire for open space. The land is stunningly beautiful,
with open meadows studded with oaks above Lexington Reservoir, hillsides
of maple, madrone and fir, and steep canyons thick with 100 year old
redwoods. A rich variety of wildlife including deer, coyote, fox and horned
owl, thrive on the property and many small streams course down the
canyons and feed the reservoir.
The Peninsula Open Space Trust has expressed strong interest in
acquiring this property and MROSD has long held interest in preserving this
property as open space, ranked by the County's Preservation 2020 Report in
the highest category for open space preservation area in Santa Clara County.
If acquired as a open space preserve, it would protect an important contiguous
stretch of open land. A section of the Bay Area Ridge Trail also traverses the
site.
continued
MAIN OFFICE 116 New Muntgomery Suite 640, Spin Francisco CA 9410S (415) 5134291
SOUTH I3AY OFFICE 1922 The Alameda Suite, 213, Soon Jose CA 95126 (4os) 983 -0539
NORTl I BAY OFFICE 520 Mendocino Avenue Suite 200, Santa Rosa CA 954-01 4 (707) 575 -3661
BAST ISAY OFFICE 54)U Yglmcio Valley Road Suite 250, Walnut Creek CA 94.3% (510) 932.7776
A
U2C 1L -�J/ UG :USN
page 2
The Bear Creek Redwoods is owned by Hong Kong Metro Realty and a
local developer has an option to buy 210 of the acres. Recently, Hong Kong
Metro sold timber rights to Big Creek Lumber Co. although no Timber
Harvest Plan has been submitted. Luxury home development has also been
proposed for this property. An application for a golf course, athletic club,
restaurant and other facilities has been filed for the 210 acre piece. A Draft
Environmental Impact Report has been circulated very soon and hearings on
the project will begin in February 1998. Construction of a golf course with
related facilities, logging, and home development would be devastating to
this property and to the health of the Lexington Basin.
We are asking for your support for the strong community efforts to
create a beautiful redwood retreat preserve for the public to enjoy. We would
appreciate the opportunity to be placed on the agenda at a future Board
meeting to make a formal presentation and entertain discussion. We have
received endorsements from the City of Monte Sereno, the County Parks
Commission and the Midpeninsula Regional Open Space District.
Thank you for your consideration. Please call me at 983 0539 in the
meantime if you have any questions.
Sincerely,
Vicki Moore
Associate Policy Director
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: JANUARY 7, 1998
ORIGINATING DEPT.: COMMUNITY
ENVIRONMENT
AGENDA ITEM
CITY MANAGER:
DEPT. HEAD:
SUBJECT: Ordinance amending Article 6 -10 of the Municipal Code relating to Alarm
Systems
RECOMMENDED MOTION(S):
Move to adopt the Ordinance.
REPORT SUMMARY:
The subject Ordinance was introduced at your December 17 meeting. The Ordinance has been
amended to reflect a revised fee schedule as directed then by the City Council. These revised fees
are codified in Sections 6- 10.120(f) through (i) and are listed on the attached chart. All other
aspects of the Ordinance remain unchanged. The Council should therefore now adopt the
Ordinance such that it can become effective in thirty days.
FISCAL IMPACTS:
Revenues from the new fees for false alarms are estimated to be $25,000 in calendar year 1998.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A summary of the was published after its introduction. Another summary will be
published after its adoption.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The Ordinance would not be adopted. The current Ordinance would remain in effect resulting in
continuing billing and administrative problems.
FOLLOW UP ACTIONS:
A summary of the Ordinance will be published. New false alarm cards will be ordered. The
existing backlog of false alarms will be cleared.
ATTACHMENTS:
1. Ordinance with fee schedule.
2. Report from December 17 Council meeting.
ORDINANCE NO. 71.
AN ORDINANCE OF THE CITY OF SARATOGA
AMENDING SECTIONS 6- 10.020,6 10.050,6- 10.080, 6- 10.100,
6- 10.110, 6- 10.120,OF THE SARATOGA CITY CODE
RELATING TO ALARM SYSTEMS
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: Paragraph (c) of Section 6- 10.020 in Article 6 -10 of the City Code is amended
to read as follows:
"6- 10.020 Definitions.
(c) Alarm system means any mechanical or electrical device which is designed or used
for the detection of 4Fe-er--intrusion into a building, structure or facility, and which emits a sound
or transmits a signal or message when activated. Alarm systems include, but are not limited to,
direct -dial telephone devices, audible alarms, and proprietor alarms. Devices which are not
designed or used to evoke a police erne response or used to register alarms that are intended to
be audible, visible or perceptible from outside of the protected building, structure or facility are
not included within this definition, nor are auxiliary devices installed to protect the telephone
systems from damage or disruption by the use of an alarm system."
SECTION 2: Paragraph (a) and Paragraph (b) of Section 6- 10.050 in Article 6 -10 of the City
Code is amended to read as follows:
"6- 10.050 Application for permit; issuance.
a. Application for an alarm permit shall be made to the C oif .,..,...:ty gei:vie r,... °8tE)r_
City Manager or his/her designee on such form as may be prescribed, which shall
include the following information:
b. Upon receipt of a completed application, the c^.Y,,,,unit,, c°- -'lees Tai-°°* °r City
Manager or his/her designee shall issue an alarm permit to the applicant; provided,
however, if the application discloses that a permit previously issued to the same
applicant or for the same alarm system has been revoked, a new permit shall not be
issued unless the applicant demonstrated to the satisfaction of the
'hire*°- City Manager or his/her designee that the prior grounds for
revocation will not reoccur. No fee shall be charged for issuance of the alarm
permit."
SECTION 3: Section 6- 10.080 in Article 6 -10 of the City Code is amended to read as
follows
"6- 10.080 False alarms prohibited; investigation of false alarms.
(a) It shall be unlawful to maintain, use or posses an alarm system which has caused more
than t-w& one false alas alarm to be transmitted within any tw@1ve ffienti Period
calendar year to the County communications center, or the County Sheriff s Office -e+
any fire dirt by communication from an alarm business or a person responding to the
false alarm.
(b) A representative of the police w: f4r-e department responding to each emergency alarm
shall attempt to ascertain by investigation whether said alarm was activated with
reasonable cause therefor or was a false alarm. In the event his/her investigation indicates
that the alarm was a false alarm, the investigator shall prepare a-f:e`pefe€ a false alarm
card of this investigation stating his /her conclusions and the factual basis for such
conclusions, and shall forward such fepef4--card to the 9 9ffffH ua4y 9e Pj City
Manager or his/her designee. The investigator shall also serve a copy of his /her report
on the alarm owner or occupant of the premises on or in which the false alarm occurred
by delivering the same to and leaving it with some person of suitable age and discretion
upon the premises or by mailing a copy of the report to such alarm owner or occupant."
SECTION 4: Section 6- 10.100 in Article 6 -10 of the City Code is amended to read as
follows:
"6- 10.100 Revocation of permit.
(a) An alarm permit issued pursuant to this Article may be revoked on any one of the
following grounds:
(1) The occurrence of tree two false alarms within any twelve Faant4 period calendar
yearn
(a) A violation by the permittee of any regulation set forth in this article..
(b) The failure by a permittee to pay any fine prescribed in Section 6- 10.120.
(b) The aua i+,. c n' City Manager or his/her designee shall give written
notice to the permittee of the City's intention to revoke the alarm permit and the grounds
for such revocation. The notice shall advise the permittee that the alarm permit will be
revoked after the expiration of fifteen days, unless prior to that time the permittee shows
good cause as to why such action should not be taken. If, in response to the notice and
within the time specified therein, or such longer period of time as may be allowed by the
=H4Y SeTees Pir-eete City Manager or his/her designee, the permittee
demonstrates to the satisfaction of the C;@ff -Ran4Y r.o..,. e Pj..o City Manager or
his/her designee that all grounds for revocation stated in the notice have been remedied,
said beets City Manager or his/her designee may terminate the revocation
proceedings. If the permit is revoked, the alarm system shall not be utilized by the alarm
owner or any other person unless and until a new permit has been issued pursuant this
Article."
SECTION 5: Section 6- 10.110 in Article 6 -10 of the City Code is amended to read as
follows:
"6- 10.110 Administrative review; appeal procedure.
Any person charged with a false alarm penalty under Subsection 6- 10.120(e) of this
Article may appeal r- ogoest ;:evi of such penalty to 4}L the
City Manager or his/her designee by filing a notice of
appeal in the Office of the City Clerk, written within ten days of receipt of such penalty.
The appeal shall be accompanied by The f:eqoest shat be ^..t,.. iataa it the
b
accumulated false alarm penalties, on such form as the
City Manager or his/her designee may prescribe. WishiR A r @as ...abj@ ti Within 21
days after his/her receipt of such appeal regoest, the ^omm jity spwvi°°q Dire°* the
City Manager or his/her designee shall conduct a hearing on the matter considering all
relevant evidence and may affirm, reverse, or modify the penalty. the °a- Dims* -ative
raui@A' afid AaR ish a wFit4en deeisiali to 'h@ per-sen ffiaki g the request The piFCiEter- is
ae4uall Y b
payfR Of the S mme. In sue" 64A. t ont If a penalty is reversed, the penalty shall promptly
be refunded. if ev ict ..,:a If the fester- City Manager or his/her designee
determines that the false alarm penalty was properly charged and such penalty has not
previously been paid, the penalty shall be paid in full within fifteen days after the
Piivese:City Manager or his/her designee renders his /her decision on the administrative
review. The decision of the City Manager or his/her designee shall be final.
MUTPIM
SECTION 6: Paragraph (e) of Section 6- 10.120 in Article 6 -10 of the City Code is amended
to read as follows:
"6- 10.120 Violations of Article.
(e) Maintaining, using or possessing an alarm system which has caused any false
alarm to be transmitted to the County communications center, or the County
Sheriff's Office any fire 1 s4i by: communication from an alarm business
or a person responding to the false alarm:
(f) For the d third verified false alarm within any twelve ..,,,..t p��wc A#
calendar year. seventy -five dollars.
(g) For the fear fourth verified false alarm within any ;w@!v@ meat
alendar. year: one hundred dollars
(h) For the k fifth verified false alarm within any twelve Fnoat4 =.two
hundfed alendar year. two hundred dollars.
(i) For the sixth and subsequent verified false alarms within any calendar year:
two hundred fifty dollars."
SECTION 8: 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 9: This Ordinance shall be in full force and effect thirty days after its passage and
adoption.
The above and foregoing Ordinance was regularly introduced and after the waiting time required
by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the day of 1997, by the following vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY CLERK
False Alarm Schedules for Similiar Sized Cities
December 17, 1997
Proposed Ordinance
Changes
Page 1
1st
2nd
3rd
4th
5th
Subsequent
Billing Yr
Campbell
free
free
free
$55.00
$55.00
$55.00
to loth then police do not respond
12 mon.
Cupertino
free
$63.00
$80.00
$97.00
$97.00
$97.00
12 mon.
Los Gatos
free
free
$75.00
$150.00
$250.00
$250.00
6 mon
Monte Sereno
free
free
$50.00
$75.00
100.00
$100.00
12 mon.
Saratoga
free
free
$50.00
$100.00
$200.00
$200.00
Window
PROPOSED
SARATOGA
free
free
$75.00
$100.00
$200.00
$250.00
12 mon
Page 1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: DECEMBER 3,1997 CITY MANAGER:
ORIGINATING DEPT: Community Environment- DEPT. HEAD:
Rebecca Spoulos, Code Enforcement
SUBJECT: Ordinance amending Article 6 -10 of the Municipal Code related to Alarm
Systems.
RECOMMENDED MOTION(S):
Move to introduce the Ordinance by title only waiving further reading..
REPORT SUMMARY:
Attached is a proposed Ordinance which, if adopted, will do three things. First, it will enable
City staff to process false alarm charges with the H.T.E software. Previously, the billing was
done on a database software called Paradox, which the City stopped using when the computer
system on which it was located, crashed. All data input has either been lost or misplaced within
the hard drive of the computer. Also, there is a backlog of over 400 false alarm cards that have
not been processed since June of this year. The current method for billing the false alarm
charges cannot be done on the new H.T.E software because of the rolling billing period defined
in the Ordinance. The Ordinance now reads that two false alarms are allowed within any twelve
month period, called a window year. Since the H.T.E system cannot track receivable on a rolling
year basis, the billing period must be changed to a twelve month calendar year. Also, to
discourage excessive unpaid false alarms, it is suggested to allow only one false alarm before
charges incur. The current backlog of false alarm billings will be handled manually by an
outside contract person, who has knowledge of the old billing system.
Secondly, the proposed Ordinance updates the references to departments and staff members,
which are accountable for false alarm procedures, and appeals. The Ordinance will reflect
current City staffing, since many changes have been made in the City's organization since 1989
when Ordinance No. 71.49 was last amended.
Thirdly, the proposed Ordinance will increase the false alarm charges to reflect full cost recovery
for staff time and some of the charges incurred by the Sheriff's Office responding to false alarms.
Approximately, 90% of all alarms within the City of Saratoga are found to be false, as defined
by City Code. The cost for the Sheriff's Office to respond to these false alarms can exceed
$50,000 dollars annually, in addition to the time that deputies are unavailable to perform other
law enforcement activities. The proposed false alarm fees are comparable to neighboring cities
with similar alarm ordinances.
FISCAL IMPACTS:
Printing charges for the revised false alarm cards, alarm applications and alarm stickers is
estimated at $1200. The cost for the contract employee to clear the existing false alarm backlog
will be recovered from any false alarm penalties collected for the 1997 billing. Beginning in
1998, revenues under the proposed fee schedule are estimated to be $35,000.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public will be informed of the proposed Ordinance amendments, if accepted, through the
local media.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The Ordinance will not be introduced or accepted. The current backlog of the false alarm
billings will remain unprocessed, and the City would likely not recover any revenue on
uncollected fees from outstanding false alarm penalties, which is estimated to be $15,000.
FOLLOW UP ACTIONS:
The Ordinance will be scheduled for second reading and adoption on January 7, 1998.
ATTACHMENTS:
1. Proposed Ordinance
2. Comparison Chart of Neighboring Cities
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: JANUARY 7, 1998
CITY MGR.:
ORIGINATING DEPT.:COMMUNITY ENVIRONMENT PREPARED BY:
J am.
SUBJECT: ADA Improvements Phase I, C.I.P. No. 9302 Final
Acceptance and Notice of Completion
Recommended Motion(s):
Move to accept the project as complete and authorize staff to
record the Notice of Completion for the construction contract.
Report Summary
All work on the ADA Improvements Phase I (Capital Project No.
9302) has been completed by the City's contractor, J.J.R.
Construction, Inc., and inspected by Engineering staff. The final
construction contract amount was $131,252.74, which is 56.8% above
the awarded contract amount of $83,790. However, of this total
amount, $5,011 was expended on drainage improvements associated
with the settlement of the Bloxham litigation, $3,880 was expended
on two islands associated with the Baylor Avenue Traffic Calming
Project, and $13,154.02 was expended on mitigation of drainage
problems located on Westview Drive, Espada Court, and Charters
Drive all of which have been funded through other existing
budgetary appropriations. The remaining $25,417.72 above the
original contract amount was expended on additional handicap ramps,
two ADA compliant walkways at the Warner Hutton House, and an ADA
ramp and handrails at the Corporation Yard.
In order to close out the construction contract and begin the one
year maintenance /warranty period for all of the completed work, it
is recommended that the Council accept the project as complete.
Further, it is recommended that the Council authorize staff to
record the attached Notice of Completion for the construction
contract so that the requisite 30 day Stop Notice period for the
filing of claims by subcontractors or material providers may
commence.
Fiscal Impacts
The ten percent retention withheld from previous payments to the
contractor will be released 30 days after recordation of the Notice
of Completion assuming no Stop Notices are filed with the City.
The adopted budget contains sufficient funds in Capital Project No.
9302, Account No. 4510 to cover the cost of the construction of the
ADA compliance work, in Activity 34 (Flood Control /Storm Drain),
Account No. 4510 to cover the cost of the Bloxham settlement work,
and in Activity 31 (Street Maintenance), Account No. 4510 to cover
the cost of the islands on Baylor Avenue and the other drainage
related work.
Follow Up Actions
Staff will record the Notice of Completion for the construction
contract and release the contract sureties and retention thirty
days thereafter.
Consequences of Not Acting on the Recommended Motions
The project would not be accepted as complete
notify the contractor of any additional work
Council before the project would be accepted
Advertising, Noticing and Public Contact
Nothing additional.
Attachments
and staff would
required by the City
as complete.
1. Notice of Completion.
Recording requested by,
and to be returned to:
City of Saratoga
Engineering Division of the
Community Environment Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed to be performed under
the contract mentioned below between the City of Saratoga, a
municipal corporation, whose address is 13777 Fruitvale Ave.,
Saratoga, CA 95070, as Owner of property or property rights, and
the Contractor mentioned below, on property of the Owner, was
accepted as complete by the Owner on the 7th day of January, 1998.
Contract Number: N/A Contract Date: March 5, 1997
Contractor's Name: J.J.R. Construction, Inc.
Contractor's Address: 1248 Oak Street, San Mateo, CA 94402
Description of Work: ADA Improvements Phase I, C.I.P. 9302
This notice is given in accordance with the provisions of Section
3093 of the Civil Code of the State of California.
The undersigned certifies that he is an
Saratoga, that he has read the foregoing
Completion and knows the contents thereo
true of his own knowledge, except as to
therein stated on information or belief,
that he believes to be true.
officer of the City of
Notice of Acceptance of
f; and that the same is
those matters which are
and as to those matters
I certify under penalty of perjury that the foregoing is true and
correct. Executed at the City of Saratoga, County of Santa Clara,
State of California on 19
CITY OF SARATOGA
ATTEST:
BY:
Larry I. Perlin
City Manager
Larry I. Perlin, City Clerk
Gov. Code 40814
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: JANUARY 7, 1998
ORIGINATING DEPT.:COMMUNITY ENVIRONMENT
AGENDA ITEM S
CITY MGR.:
PREPARED BY: d t>-i1-�-
SUBJECT: Approval of payments for miscellaneous construction work
performed by C.F. Archibald Paving, Inc.
Recommended Motion(s)
Move to approve the various construction purchases made in
connection with the Baylor Avenue traffic calming project and
winter preparedness work.
Report Summary
The purpose of this report is to obtain Council's approval of a
number of construction purchases which have been authorized by
staff in order to complete the Baylor Avenue Traffic Calming
Project and to complete various winter preparedness work. Total
cost of the authorized work is $47,150.
In late October, staff authorized C.F. Archibald Paving, Inc., who
has satisfactorily worked for the City in the past and who was the
second low bidder on the 1997 Pavement Management Program, to
install a speed hump on Baylor Avenue and to perform miscellaneous
street work. Originally, it had been staff's intention to authorize
O'Grady Paving, Inc. to do this work under the 1997 Pavement
Management Program construction contract which they were awarded in
July. However, due to the less than satisfactory work performed by
them paving Saratoga Avenue and their unwillingness to take on
additional work, staff lost confidence in their ability to perform
this work in a proficient and timely manner. Consequently, staff
approached C.F. Archibald Paving to determine their interest in
performing this work since they were the second low bidder on the
1997 Pavement Management Program. Staff was pleased to find that
they were both eager and willing to accomplish this work prior to
winter even though it was on short notice and in the midst of a
very busy construction season.
El
The following summarizes the various work which C.F. Archibald was
authorized to do:
1. Installation of a speed hump on Baylor Avenue in conjunction
with the Baylor Avenue Traffic Calming Study. This work cost
approximately $3,500. A second speed hump should be installed by
the middle of January at approximately the same cost.
2. Raising and adjustment of manholes on various streets deemed to
be a ped /bike and /or vehicular hazard. Total cost for this work is
approximately $6,800.
3. Installation of asphalt berms along various streets in order to
mitigate existing drainage problems. Total cost for this work is
$11,250.
4. Wedge cutting and resurfacing along various streets in order to
mitigate drainage problems and /or ped /bike hazards. Total cost for
this work is approximately $6,850.
S. Repairs of failed sections along various streets through dig
out and deeplift paving. Total cost for this work is approximately
$15,250.
All of the above work has been completed by C.F. Archibald in a
timely and satisfactory manner. Consequently, it is recommended
that Council at this time approve the entire above list of
construction purchases so that payment to the contractor can be
made.
Fiscal Impacts
Sufficient funding for all the above work: exists in the adopted
budget in Activity 31 (Street Maintenance), Account No. 4510
(General Contracts) and Account No. 4530 (Repair Services).
Advertising, Noticing and Public Contact
None.
Consequences of Not Acting on the Recommended Motions
Either some or all of the above purchases would not be approved.
Staff will follow whatever other direction is provided by Council.
Follow Up Actions
None.
Attachme
1. 1997 Pavement Management Program bid summary.
CITY OF SARATOGA
BID SUMMARY: 1997 PAVEMENT MANAGEMENT PROGRAM 1
I
BID OPENING DATE: JULY 17, 1997
i
1
$30.001
I
I I a ca,.mn I
I U UNPUT WAVING, INC.
i
1 TT EM 1 ITEM DESCRIPTION
I QUANTITY I
UNITS
I I UNITPRICE I
I
EA 1
I
I
TOTAL I
UNITPRICE I
TOTAL
1 1
1 TRAFFIC CONTROL
I 1 1
I I
LS
I I I
N/A 1
I
I
I
$7,500.00 1
N/A 1
$10,000.00 1
12
1 CLEARING AND GRUBBING
I 1 1
LS
I I
I I N/A 1
1 PAINT "SLOW' 1
I
2 i
EA 1 I
S2,500.001
N/A 1
$2,000.00 1
13.
1 GRADING (EARTHWORK)
1001
CY
I I I
$25.00
I
I
1
$2,$00.001
$40.001
$4,000.001
1 4.
1 SUBGRADE PREPARATION
1 1,5001
I I
SF
II
II $0.751
EA I I
II
$1,125.001
$1.001
$1,500.001
15.
_1 REMOVE REPLACE BARRICADE.
1 1 1
LS
II I
1 1 N/A 1
I
I
37A.
$1,500.001
N/A 1
$1,000.00 1
1 6.
1 REMOVE A.C. BERM
1 1301
I 1
SF
1 1 $10.00 1
$1,300.001
$5.001
$650.00 1
17
1 REPAIR FAILED STREET SECTION
1 1,7001
SF
11 I
I
1
I
11 $5.50
$9,350.001
$5.701
$9,690.001
18.
1 ASPHALT CONCRETE OVERLAY
1 3,0001
I 1
TON
I I $42.00 1
$126,000.00 1
$39.00
$117,000.00 1
1
1 ASPHALT CONCRETE BERM
1 1,8501
LF
I I I
1
1
1
1 1 $7.001
$12,950.00 1
$2.501
$4,625.001
110.
1 ASPHALT CONCRETE PATH
1 1,5001
SF
I I $4.001
$6,00100
$3.001
$4,500.001
111.
1-1
1 A. C. PATH OVERLAY
1001
I I
SF
I I $70.00 1
II
$7,000.001
$75.00 1
$7,500.00 1
112.
I GRIND PAVEMENT
1 8,200 1
SF
1 1 $0.751
$6.150.001
$0.501
$4,100.001
1 13.
I
1 WEDGE CUT
I
1 9,1001
LF i
i $1.251
$11,375.00 1
$1.00
$9,100.00 1
114.
PAVEMENT FABRIC
1 4,4001
1 1
SY 11
$0.901
$3,950.001
$1.001
$4,400.001
1 15.
i ADJUST STORM MH TO GRADE
1 111
I
EA 11
I 1
I
I
I
$250.001
$2,750.001
$300.001
$3,300.001
116.
1 ADJUST MONUMENTS TO GRADE
1 4 1
EA 11
$800.001
$150.001
$600.00
$200.00 1
117.
1 PAINT TRAFFIC STRIPE -S.D. #2
1 2,7001
LF 11
$0.251
$675.001
$0.11 1
$297.001
1 18.
1 PAINT TRAFFIC STRIPE -S.D. #22
1 2.000
1 1
LF I
I $0.501
$1,000.001
$0.30
$600.00 1
119.
1 PAINT TRAFFIC STRIPE -S.D. #38
1 1001
11
LF II
I
I
1
1
$0.501
$50.001
$0.601
$60.001
1 20.
1PAINTTRAFFICSTRIPE- S.D. #39
1 11,3501
LF 11
$1,816.001
$0.251
$2,837.501
$0.161
1 21
1PAINTCROSSWALKS
i 41
EA II
$250001
$1,000.001
$220.001
$880.001
1
I PAINT SCHOOL CROSSWALKS
1 3 1
EA I
I $500.001
$1,500.001
$600.00 1
$1.800.001
1 23.
1 PAINT "SCHOOL"
1 2 1
EA 11
11
$75.00
$150.001
$80.001
$160.001
124,
1 PAINT "25'
1 4 1
I
I
I
I
1 $50.001
1
$30.001
I
125,
PAINT "XING' 1
41
EA
126.
1 PAINT "BIKE LANE' I
20 I
I
EA 1
I
I
$50.00 1
1 $100.001
27
1 PAINT'ONLY" 1
2
EA
1
1
28.
i PAINT ARROWS 1
2 1
EA I
1 29.
i PAINT'PED" 1
2 I
EA I I
130.
1
1 PAINT "SLOW' 1
I
2 i
EA 1 I
137
1 PAINT PARKING STALLS 1
51
EA II
I I
132.
1 TYPE A PAVEMENT MARKERS 1
20
EA II
133.
I
1 BLUE PAVEMENT MARKERS I
I
151
EA
34A.
1
1 ADJUST SANITARY MH TO GRADE 1
23
EA I I
II
35A.
1 ADJUST TELEPHONE MH TO GRADE 1
7 1
EA
II
36A.
I ADJUST WATER VALVES TO GRADE i
41
EA
37A.
1 ADJUS PG& GAS ALVE O
I
I
II
TOTAL
II
1 $50.001
$200.001
$30.001
$120.00
1 $50.00
$200.001 1
$60.00 1
1 $240.00 j
1 $50.00 i
$1.000.001
$40.00 1
1 $800.00
1 $50.00 i
$100.001
$50.00 1
1 $100.001
l
CITY OF SARATOGA 1
I I
1 BID SUMMARY: 1997 PAVEMENT MANAGEMENT PROGRAM I
I
BID OPENING DATE: JULY 17, 1997
ITEM 1 ITEM DESCRIPTION I QUANTITY I
I UNITS 1
11. I TRAFFIC CONTROL 1
1 1 1
1 LS 1
12. 1 CLEARING AND GRUBBING i
i 1 1
1 LS I
13. 1 GRADING (EARTHWORIQ 1
1 1001 C
CY I
14. 1 SUBGRADE PREPARATION 1
1 1.5001 S
SF 1
15. 1 REMOVE 6 REPLACE BARRICADE. 1
1 1
1 LS 1
16. 1 REMOVE A.C. BERM 1
1 1301 S
SF I'
17. 1 REPAIR FAILED STREET SECTION I
I 1,7001 S
SF I
18. 1 ASPHALT CONCRETE OVERLAY 1
1 3,0001 T
TON I
1 1 ASPHALT CONCRETE BERM 1
1 1,8501 L
LF I
110. 1 ASPHALT CONCRETE PATH 1
1 1.5001 S
SF I
111. I A. C. PATH OVERLAY 1
1 1001 S
SF 1
112. 1 GRIND PAVEMENT 1
1 8,200 1
1 SF I
113. 1 WEDGE CUT 1
1 9,1001 L
LF I
UNITPRICE I TOTAL I UNIT PRICE I TOTAL 1
I I I I
N/A I $7,500.00 1 N/A 1 $16,000.00 1
I I I I
N/A 1 $2.000.001 N/A 1 $5,850.001
I I I I
$30.001 $3,000.001 $60.001 $6,000.001
I I I I
$1.001 $1,500.001 $1.001 $1,500.001
N/A 1 $2.500.001 N/A 1 $500.001
I I I I
$7.001 $910.001 $1.001 $130.001
I I I I
$4.001 $6,800.00 1 $7.001 $11,900.00 1
I I i I
$42.001 $126,000.001 $42.001 $126,000.001
$5.001 $9,250.001 $3.501 $6,475.001
I I I I
$4.501 $6,750.001 $3.501 $5,250.001
I i I I
$65.001 $6,500.001 $80.001 $8,000.001
I I I I
$0.601 $4,920.001 $0.501 $4,100.001
I I I I
$1.001 $9,100.001 $1.001 $9,100.001
I I I 1
$1.501 $6,600.001 $1.001 $4,400.001
$280.001 $3,080.001 $325.001 $3,575.001
I I I I
$222.001 $888.001 $265.001 $1,060.001
I 1-1-1
$0.101 $270.001 $0.11 1 $297.001
I I 1 1
$0.301 $600.001 $0.441 $880.001
I I I 1
$1.001 $100.001 $0.401 $40.001
$0.201 $2,270.001 $0.201 $2,270.001
$200.00 1 $800.001 $480.00 1 $1.920.001
i I I 1
$500.001 $1,500.001 $480.001 $1,440.001
$75.001 $150.001 $67.001 $134.001
I I I I
$25.001 $100.001 $34.001 $136.001
I I I I
$50.001 $200.001 $40.001 $160.001
I I I I
$30.001 $600.001 $19.001 $380.001
$45.001 $90.001 $42.001 $84.001
I I I I
$30.001 $60.001 $28.001 $56.001
I I I 1
$36.001 $72.001 $35.001 $70.001
I I I 1
$50.001 $100.001 $44.001 $88.001
I I I I
$20.001 $100.001 $11.001 $55.001
$5.001 $100.001 $2.001 $40.001
-1 1-1-1
$10.001 $150.001 $3.001 $45.001
I I I 1
$280.001 $6,440.001 $325.001 $7,475.001
I I I 1
$350.001 $2,450.001 $325.001 $2,275.001
$180.001 $7,360.001 $265.001 $10,865.001
$180.00 $180.001 $265.001 1
i I I
1 $221,010.00 1 1 $238,815.001
r
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: January 7, 1998
ORIGINATING DEPT.: Administrative Services
SUBJECT: Annual Review of Investment Policy
Recommended Motion(s)
Approve City of Saratoga Investment Policy.
Report Summary
Background:
AGENDA ITEM
CITY MANAGER r -r. G I
California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2-
20.035, and Section 16.0 of the City of Saratoga Investment Policy require the City Council to
annually review and approve the City's Investment Policy.
The Investment Policy lays the foundation for the City's investment management functions. It serves
as a guide for setting and achieving investment objectives, defines rules and establishes benchmarks,
prohibits and/or restricts investment instruments and reduces the exposure to liability of both staff and
City Council. Compliance with the policy is an element of fiscal discipline considered by the City's
auditors and rating agencies during their respective reviews.
Discussion:
At its January 15, 1997 meeting, City Council approved three "housekeeping" changes to the
Investment Policy. Those changes were as follows: 1) Section 2.2.3 excluded notes and loans from
the Investment Policy since they are covered by separate agreements; 2) Section 6 further restricted
the requirement for staff to disclose any personal investments which could be related to the
performance of the City's portfolio, and 3) Section 8 inserted a clearer definition of acceptable
collateral.
In accordance with its own Section 16, the Investment Policy was reviewed by the Finance
Commission during its December 16, 1997 meeting. The Commission unanimously recommended that
the City Council approve the Investment Policy in its current form, without further amendments.
1
Fiscal Impacts:
None.
Follow Up Action(s):
Issue updated Investment Policy (with new adoption date) to broker /dealers and interested parties.
Consequences of Not Acting on Recommended Motion(s
Staff would receive Council direction and resubmit the Investment Policy for approval on January 21,
1998, which is the next regular Council meeting.
Attachment(s):
City of Saratoga Investment Policy
CITY OF SARATOGA INVESTMENT POLICY
ADOPTED
1.0 Policy
It is the policy of the City of Saratoga to invest public
funds in a manner which will provide the highest investment
return with the maximum security while meeting the daily cash
flow demands of the entity and conforming to all state and
local statutes governing the investment of public funds.
2.0 Scope
This investment policy applies to all financial assets of the
City of Saratoga. These funds are accounted for in the City
of Saratoga's Comprehensive Annual Financial Report and
include:
2.1 Funds:
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Capital Project Funds
2.1.4 Debt Service Funds
2.1.5 Trust and Agency Funds
2.1.7 Any new fund, unless specifically
exempted
2.2 Exceptions The following financial assets are
excluded:
2.2.1 Deferred Compensation Plans- Investments
are directed by the individual plan
participants.
2.2.2 Debt Service Funds Held by Trustees
Investments are placed in accordance with
bond indenture provisions.
2.2.3 Notes and Loans Investments are authorized
by separate agreements approved by City
Council.
3.0 Prudence
Investments shall be made with judgment and care -under
circumstances then prevailing -which persons of prudence,
discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investments,
considering the probable safety of their capital as well as
the probable income to be derived.
3.1 The standard of prudence to be used by investment
I
officials shall be the "prudent person" standard and
shall be applied in the context of managing an overall
portfolio. Investment officers acting in accordance with
written procedures and the investment policy and
exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk
or market price changes, provided deviations from
expectations are reported in a timely fashion and
appropriate action is taken to control adverse
developments.
4.0 Obiective
The primary objectives, in priority order, of the City of
Saratoga's investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of
the investment program. Investments of the City of
Saratoga shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall
portfolio. To attain this objective, diversification is
required in order that potential losses on individual
securities do not exceed the income generated from the
remainder of the portfolio.
4.2 Liquidity: The City of Saratoga's investment portfolio
will remain sufficiently liquid to enable the City of
Saratoga to meet all operating requirements which might
be reasonably anticipated.
4.3 Return on Investments: The City of Saratoga's investment
portfolio shall be designed with the objective of
attaining a rate of return throughout budgetary and
economic cycles, commensurate with the City of Saratoga's
investment risk constraint:; and the cash flow
characteristics of the portfolio.
5.0 Delegation of Authority
Authority to manage the City of Saratoga's investment program
is derived from the following: California Government Code
Section 53600 et seq. and Saratoga Municipal Code Section 2-
20.035. Management responsibility for the investment program
is hereby delegated to the City Manager who shall be
responsible for supervising all treasury activities of the
Finance Director and who shall establish written procedures
for the operation of the investment. program consistent with
this investment policy. Procedures should include reference
to: safekeeping, wire transfer agreements, banking service
contracts and collateral /depository agreements. Such
procedures shall include explicit delegations of authority to
persons responsible for investment transactions. No person
may engage in an investment transactions except as provided
under the terms of this policy and the procedures established
by the City Manager. The City Manager shall be responsible
for all transactions undertaken and shall establish a systems
of controls to regulate the activities of subordinate
officials.
6.0 Ethics and Conflicts of Interest
Officers and employees involved in the investment process
shall refrain from personal business activity that could
conflict with proper execution of the investment program, or
which could impair their ability to make impartial investment
decisions. Employees and investment officials shall disclose
to the City Manager any material financial interests in
financial institutions that conduct business within this
jurisdiction, and they shall further disclose any personal
financial /investment positions that could be related to the
performance of the City of Saratoga, particularly with regard
to the time of purchases and sales.
7.0 Authorized Financial Dealers and Institutions
The City Manager will maintain a list of financial
institutions authorized to provide investment services. In
addition, a list will also be maintained of approved security
broker /dealers selected by credit worthiness who are
authorized to provide investment services in the State of
California. These may include "primary" dealers or regional
dealers that qualify under Securities Exchange Commission
Rule 15C3 -1 (uniform net capital rule) No public deposit
shall be made except in a qualified public depository as
established by state laws.
All financial institutions and broker /dealers who desire to
become qualified bidders for investment transactions must
supply the City Manager with the following: personal
interview, firm description and audited financial statements,
proof of State of California registration, completed
broker /dealer questionnaire and certification of having read
and complied with the City of Saratoga's investment policy and
applicable depository contracts.
A periodic review of the financial condition and registrations
of qualified bidders will be conducted by the City Manager.
A current audited financial statement is required to be on
file for each financial institution and broker /dealer in which
the City of Saratoga invests prior to any transaction.
8.0 Authorized and Suitable Investments
The City of Saratoga is empowered by statute, and further
limited by this investment policy, to invest in the following
types of securities:
N
ELIGIBLE SECURITIES AND CRITERIA
9.0
The following is a summary of the authorized investment
instruments (as permitted by Government Code Section 53601)
and the applicable limitation to each:
Tam tD
Type Guarantee Limits Maturity
LAIF
State Fund
$20,000,000 Demand
U.S. Treasury'Bills U.S. Treasury
U.S. Treasury Notes U.S. Treasury
U.S. Govt. Agency
Issues (e.g.
FNMA, GNMA)
Certificates of
Deposits (Calif.
Banks or Savings
Loans Co.)
Negotiable
Certificates of
Deposits
Passbook Savings
Account and
Demand Deposits
To me
year
1 5
years
Federal Agencies limas.
5 yeeE
FDIC or FSLIC 20% /portfolio 3 MmE
per instit.
Issuing Bank 20%/portfolio 14 d mfl
per instit. or over
Issuing Bank
Minimum
necessary
for current
cash flow
The City of Saratoga shall not engage in leveraged investing,
such as in margin accounts or any form of borrowing for the
purpose of investment.
The City of Saratoga shall not invest in instruments whose
principal and interest have no backing from the U.S Government
or its agencies, FDIC or FSLIC insurance, or legally required
collateral. Examples of these instruments are options and
future contracts.
The City of Saratoga shall not invest in "derivatives
The City of Saratoga shall limit permissible investments to
the highest Moody's, Standard Poors or equivalent rating.
See Glossary for description of above securities.
Collateralization
Collateral ization will be required on certificates of deposit.
In order to anticipate market changes and provide a level of
security for all funds, the collateral ization level will be
1020 of market value of principals and accrued interest.
The City of Saratoga chooses to limit collateral to the
following:
Refer to Section 8.0 for a listing of eligible securities.
Collateral will always be held by an independent third party
with whom the entity has a current custodial agreement. A
clearly marked evidence of ownership (safekeeping receipt)
must be supplied to the City of Saratoga and retained.
The right of collateral substitution is granted.
10.0 Safekeepincx and Custody
All security transactions entered into by the City of Saratoga
shall be conducted on a delivery versus payment (DVP) basis.
Securities will be held by a third party custodian, in the
City of Saratoga's name and control, designated by the City
Manager and evidenced by safekeeping receipts.
11.0 Diversification
The City of Saratoga will diversify its investments by
security type and institution. Limits are provided for in
Section 8.0. With the exception of U.S. Treasury securities
and authorized pools, no more than 200 of the City of
Saratoga's total investment portfolio will be invested in a
single security type or with a single financial institution.
12.0 Maximum Maturities
To the extent possible, the City of Saratoga will attempt to
match its investments with anticipated cash flow requirements.
Unless matched to a specific cash flow, the City of Saratoga
will not directly invest in securities maturing more than five
(5) years from the date of purchase. However, the City of
Saratoga may collateralize its certificates of deposits using
longer -dated investments no to exceed ten (10) years to
maturity.
Reserve funds may be invested in securities exceeding five 5
years if the maturity of such investments are made to coincide
as nearly as practicable with the expected use of the funds.
The City of Saratoga will retain a general operating reserve
adopted annually by the City Council. The amount of active
deposits and inactive investments with a maturity of one year
or less shall always be equal to or greater than the required
general operating reserve. The-report discussed in Section
15.0 shall demonstrate this policy is in effect.
e
13.0 Internal Control
The City of Saratoga shall establish an annual process of
independent review by an external auditor. This review will
provide internal control by assuring compliance with policies
and procedures.
14.0 Performance Standards
The investment portfolio shall be designed with the objective
of obtaining a rate of return throughout budgetary and
economic cycles, commensurate with the investment risk
constraints and the cash flow needs.
14.1 Market Yield (Benchmark): The City of Saratoga's
investment strategy is passive. Given this strategy, the
basis used by the City of Saratoga to determine whether
market yields are being achieved shall be a short term
U.S. Treasury Bill.
15.0 Reporting
The City Manager is charged with the responsibility of
including a market report on investment activity and returns
in the City of Saratoga's Cash and Investment Report: The
report will be in compliance with California Government Code
Section 53646.
16.0 Investment Policy Adoption
The City of Saratoga's investment policy shall be adopted by
City Council. The policy shall be reviewed annually by the
Finance Advisory Committee and any modifications made thereto
must be approved by the City Council.
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GLOSSARY
Local Agency Investment Fund (LAIF)
The LAIF was established by the State of California to enable
treasurers to place funds in a pool for investments. There is a
limitation of $20 million per agency subject to a maximum of ten
(10) total transactions per month. The City of Saratoga uses this
fund when market interest rates are declining as well as for short
term investments and liquidity.
U.S. Treasury Bills
Commonly referred to as T -Bills these are short -term marketable
securities sold as obligations of the U.S. Government. They are
offered in three month, six -month and one -year maturities. T -Bills
do not accrue interest but are sold at a discount to pay face value
at maturity.
U.S. Treasury Notes
These are marketable, interest bearing securities sold as
obligations of the U.S. Government with original maturities of one
to ten years. Interest is paid semi annually.
U.S. Government Agency Issues
Include securities which fall into this category. Issues which are
unconditionally backed by the full faith and credit of the United
States, e.g. Small Business Administration Loans.
0: \FILT \INVPLCY
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM u
MEETING DATE: JANUARY 7, 1998 CITY MANAGER: i
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Renewal of Lease for Village Library building with Friends of the Saratoga
Libraries
RECOMMENDED MOTION(S):
Move to approve the new lease.
REPORT SUMMARY:
Attached is a new lease agreement between the City and the Friends of the Saratoga Libraries
prepared by the City Attorney for the Village (Patterson) Library building owned by the City and
located at the corner of Oak Street and Saratoga -Los Gatos Road (14410 Oak Street). The
Friends, whose current lease expires in February, are requesting a longer term extension of the
lease to enable them to continue to operate the Book-Go-Round used bookstore that serves as the
cornerstone of their fundraising activities to support the Saratoga Library. Last year, the Friends
provided $74,795 in grants to the Saratoga Library to supplement the County Library System's
operations. The key changes made to the lease are summarized in the memo from the City
Attorney dated October 31 (attached).
If approved, the new lease would allow the Friends to remain on the property for a period of ten
years. By comparison, the term of the current lease is three years. The Friends' desire for a
longer term lease stems from their interest to expand their fundraising activities to include
auctions and other fundraising events such as their semi annual paperback book sale. Funds
raised by the Friends are accrued monthly and granted to the Library once each year to fund a list
of requests submitted by the Saratoga Librarian. The Librarian develops the list based on an
identified target amount of funds the Friends believe they will be able to raise during the
upcoming year. Additionally, the Friends can indirectly support the Library such as they did
earlier this year when they funded the opinion poll regarding the Library expansion bond measure.
Staff has considered alternatives for the property if the Council opts not to renew the lease with
the Friends. While the property is located in the CH -I zoning district, the lack of any on site
parking precludes any intensification of the current use. This means that either another retail use
or professional office type of use is what could be permitted without having to obtain an
exception to the parking standards which, I would think, would be hard to justify. On the open
market, the City could expect to receive between $2,500 and $3,000 per month in lease revenues
for the property. Additionally, a similar retail use would most likely generate around $2,000 per
year in sales tax revenues and business license fees based on statistics for comparable businesses
in the Village. Therefore, the City could conceivably earn between $32,000 and $38,000 annually
if the property were leased to a private for -profit business. entity. Further, I do not think that the
City's obligations as a landlord would differ very much regardless of who leases the property.
Therefore, the decision the Council must make is whether the annual support provided by the
Friends to the Saratoga Library outweighs the unrealized revenue potential for the property. In
staff's opinion it does particularly now that the Library expansion project has been tabled
indefinitely. I also believe that the Book -Go -Round serves as a unique and popular fixture in the
Village and is in keeping with the historical use of the property as Saratoga's original community
library. For these reasons, it is recommended that the Council approve the new lease with the
Friends.
FISCAL IMPACTS:
None if the lease is approved. As noted above however, the City will be forfeiting the
opportunity to capture between $32,000 and $38,000 in general fund revenues annually as a result
of not leasing the property on the open market.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The lease would not be approved and the Friends' current lease will expire in February.
Presumably, staff would begin preparations to lease the property on the open market unless some
other direction is provided by Council.
FOLLOW UP ACTIONS:
The lease will be signed.
ATTACHMENTS:
Lease Agreement.
Memo from City Attorney dated October 31.
Letter from Friends of the Saratoga Libraries dated December 1.
VILLAGE LIBRARY LEASE
This lease is entered into in the City of Saratoga, County of Santa
Clara, State of California, by and between the City of Saratoga a municipal
corporation (Lessor to this lease), and the Friends of the Saratoga Libraries,
a non profit organization (Lessee to this lease).
1. Premises Lessor hereby leases and Lessee hereby rents the
following described property, hereinafter called "premises:" The Saratoga
Village Library Building, located at 14410 Oak Street, Saratoga, California,
comprising an area of approximately 1622 square feet.
'2. Term The term of this lease shall be for a period of ten (10)^
years. The term of this lease, and Lessee's obligation to pay rent, shall
commence on and continue through
in
accordance with the terms herein, unless sooner terminated as hereinafter
provided.
3. Rental Lessee shall pay to Landlord the sum of $1.00 as rent for
the entire term of this lease. Said rent payment is to be made payable to the
City of Saratoga and delivered to the offices of the City of Saratoga, 13777
Fruitvale Avenue, Saratoga, California 95070.
4. Security Deposit Lessee has placed on deposit with the Lessor
the sum of $300, as a cash security deposit. Lessee has placed on deposit
with the Lessor a note in the sum of $700 as additional security deposit. The
total sum of the security deposit is $1,000.
If at any time during the term hereof Lessee should fail to
perform any of its obligations under this lease, Lessor, without notice, may
appropriate and apply any portion of the security deposit as may be reasonably
necessary to fulfill Lessee's obligations. Upon notification by Lessor to
1
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Lessee of such appropriation, Lessee shall remit to Lessor an amount in cash
equal to the amount expended in order to restore said security deposit to the
original sum of $1,000. In the event Lessee shall fully comply with all the
terms of this lease, the security deposited by Lessee shall be returned to
Lessee within fifteen (15) days after the termination of its tenancy and after
delivery of the premises to Lessor with the required notice. The amount
refunded shall not include interest.
5.1. Use. Lessee shall use and occupy the Oak Street premises during
the term for the operation of a used bookstore; benefit receptions; for
promotional events such as, but not confined to, reduced price sales, poetry
readings, children's story hours, book review sessions, autograph sessions,
Great Book Seminars; meetings, and other similar and related uses and for no
other purpose. Lessee shall not use or permit the premises or any part
thereof to be used for any purpose or purposes other than the purpose or
purposes for which the premises are leased.
5.2. No use shall be made or permitted to be made of the premise or
acts done which will increase the existing rate of insurance on the premises,
building, or any of their contents, or cause the cancellation of any insurance
policy covering the premises, building, or any part thereof. If any act on
the part of the Lessee or use of the premises by Lessee shall cause, directly
or indirectly, any increase of Lessor's insurance, such additional expense
shall be paid by Lessee to Lessor upon demand. Lessee shall not sell or
permit to be stored, kept, used or sold in or about the premises any article
which may be prohibited by the standard form of fire insurance policies.
Lessee shall not permit any person to smoke in or about the premises.
5.3. Lessee shall not commit or suffer to be committed any waste upon
2
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the premises or any public or private nuisance. Lessee shall not use the
premises or permit the premises to be used in whole or in part for any purpose
or use that is deemed to be in violation of any of the laws, ordinances,
regulations or rules of any public authority or organization at any time. Any
such violation shall be determined by the Lessor at the Lessor's sole
discretion.
5.4. Lessor shall have the right from time to time to prescribe
reasonable rules and regulations which in its judgment may be appropriate for
the use of the premises, and the building. Upon notification to Lessee of
such rules, Lessee agrees to comply therewith and any failure to so comply_
shall constitute a default under this lease.
6. Utilities Lessor, at its expense, has provided adequate sewer,
water, electricity, and gas lines, pipes, and conduits, to and from the Oak
Street premises. Lessee shall, during the term hereof, pay all charges for
telephones, gas, electricity, water, sewer, heat, air conditioning,
replacement of bulbs and fluorescent tubes, window washing, janitorial and
cleaning services, and removal of rubbish, trash, and garbage.
7.1. Assignment Lessee shall not assign this lease voluntarily or by
operation of law, or any right hereunder, nor sublet the premises or any part
thereof, without the prior written consent of Lessee.
7.2. No consent to any assignment of this lease, voluntarily or by
operation of law, or any subletting of the premises, shall be deemed to be a
consent to any subsequent assignment of this lease voluntarily or by operation
of law, or to any subletting of the premises, except as to the specific
instance covered thereby. Any such assignment of this lease, voluntarily or
by operation of law, or any subletting of the premises, without obtaining the
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prior written consent of Lessor, shall be void and at the option of the Lessor
shall terminate this lease.
B. Condition of Premises and Repairs By accepting occupancy of the
premises, Lessee shall be deemed to have agreed that the Oak Street premises
are in good order, condition and repair and Lessor makes no warranties or
guarantees hereunder. Tenant, at its own expense shall maintain in good order
and repair all portions of the interior of the leased premises (including
windows), but not including the roof and exterior walls, paving and
landscaping, floor structure, pipes and conduits, and utility installations,
all of which shall be maintained by the Lessor. The Lessor shall also be
responsible for the upkeep, maintenande and repair of heating and air
conditioning systems serving the Oak Street premises. Lessee shall make all
repairs of every kind to the interior of the leased premises except repairs of
a structural nature, or which are caused by structural failure.
8.1. Alterations Lessee shall not make or permit to be made any
alterations, repairs, to changes in, and additions to the premises (interior,
exterior and adjacent landscaped areas) without the prior written consent of
the Lessor. All alterations, repairs, changes and additions that may be
required shall be done either by or under the direction of the Lessor at the
cost of Lessee, and shall become immediately the property of the Lessor and
shall remain upon and be surrendered with the premises at the termination of
the term of this lease.
8.2. Repair All repairs to be made hereunder by Lessor shall be made
with dispatch. Lessor may permit Lessee to undertake emergency repairs if and
when such emergency repairs have been approved in advance by a duly authorized
representative of the Lessor. All such repairs to be made by Lessor are
4
subject to City of Saratoga budget constraints and may be the subject of
review by the Saratoga City Council. The Saratoga City Council reserves the
right to deny funding for repairs and seek termination of this lease
agreement, as provided by the terms of this lease agreement.
8.3. Lessee, upon the termination of this lease or the expiration of
the term hereof or for any other reason, shall quit and surrender the premises
in good order, condition and repair, reasonable wear and tear and damage by
fire, an Act of God, or the elements excepted. Upon the termination of this
lease or the expiration of the term or otherwise, Lessor shall have the option
to require Lessee to remove from the premises, at Lessee's expense, all
improvements placed on the premises by Tenant.
8.4. Lessee shall keep the premises and building, of which the premises
are a part free and clear of any liens, and shall indemnify, hold harmless and
defend Lessor from any liens and encumbrances arising out of any work
performed or materials furnished by or at the direction of Lessee. In the
event any liens are filed, Lessee shall do all acts necessary to discharge any
lien within ten (10) days of filing, or if Lessee desires to contest any lien,
then Lessee shall deposit with Lessor such security as Lessor shall demand to
insure the payment of the lien claim. In the event Lessee shall fail to pay
any lien claim when due or shall fail to deposit the security with Lessor,
then Lessor shall have the right to expend all sums necessary to discharge the
lien claim, and Lessee shall pay an additional rental, when the next rental
payment is due, all sums expended by Lessor in discharging any lien, including
attorney's fees and costs.
9. Sicrns Lessee shall not place or permit to be placed in, upon,
about or outside the said premises or any part of the building in which the
E
premises are located, any signs without the prior written consent of Lessor.
All exterior signs must be approved in advance by the City of Saratoga and
must meet applicable City zoning regulations.
10. Right of Entry Lessor and its agents shall have the right at any
reasonable time to enter upon the premises so :Long as it does not interfere
with the business activities of the Lessee on the premises, for the purpose of
inspection, serving or posting notices, maintaining the premises, making any
necessary repairs, alterations or additions to any portion of the premises
(including the erection and maintenance_ of scaffolding, partitions and repair
equipment as shall be required), complying with the laws, ordinances and
regulations,. protecting the premises, "or for any other lawful purpose. Lessee
waives any claim for damages, including loss of business, resulting therefrom.
11. Liability and Indemnification Lessor shall be free of all
liabilities and claims for damage by reason of any injury or death to any
person or persons, including Lessee, or property of any kind whatsoever and to
whomsoever belonging, including Lessee, from any cause or causes whatsoever,
including acts or omissions of others in the leased premises, during the term
of this lease or any extension or renewal thereof, or any occupancy hereunder,
and Lessee hereby agrees to indemnify, save harmless and defend Lessor from
all liability, damages, loss, costs and obligation, including court cost and
attorney's fees, on account of or arising out of or alleged to have arisen out
of, directly or indirectly, any such injuries, death or losses, however
occurring.
Lessor shall not be responsible for any damage caused Lessee's property
resulting from any malfunction from any mechanical, plumbing or electrical
unit, connection or wiring hereunder nor from any leaks resulting from the
G
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structural members, including the roofing on building. Lessor makes no
warranty or representations regarding the condition of any of the above, and
Lessee, by taking occupancy hereof, has deemed to assume the premises on an
"as is" basis.
12. Insurance Lessee agrees to and shall within ten (10) days from
the date of execution of this lease, secure from a good and responsible
company or companies doing insurance business in the State of California, and
maintain during the entire term of this lease, the following insurance
coverage in a form satisfactory to Lessor.
Insurance Requirements Contractor shall procure and maintain for
the duration of the contract "occurrence coverage" insurance against claims
for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its
agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in the Contractor's bid.
(a) Minimum Scope of Insurance Coverage shall be at least as broad
as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73)
covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services
Office Commercial General Liability coverage "occurrence"
form CG 0001.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability, code 1 "any auto" and
endorsement CA 0025.
7
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3. Workers' Compensation Insurance as required by the Labor
Code of the State of California and Employers Liability
Insurance.
(b) Minimum Limits of Insurance Contractor shall maintain limits no
less than:
1. General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage. If commercial General Liability Insurance or other
form with a general aggregate limit is used, either the.
general aggregate limit shall apply separately to this
project /location or general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the
State of California and Employers Liability limits of
$1,000,000 per accident.
(c) Deductibles and Self- Insured Retentions Any deductibles or self
insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self insured retentions as respects
the City, its officers, officials and employees; or the Contractor
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
8
(d) Other Insurance Provisions The policies are to contain, or be
endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages.
a. The City, its officers, officials, employees and
volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on
behalf of the Contractor; products and completed
operations of the Contractor, premises owned, occupied
or used by the Contractor, or automobiles owned,
leased, hired or borrowed by the Contractor. The
coverage shall" contain no special limitations on the
scope of the protection afforded to the City, its
officers, officials, employees or volunteers.
b. The Contractor's insurance coverage shall be primary
insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or
self- insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute
with it.
C. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
City, its officers, officials, employees or
volunteers.
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d. The Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
2. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation
against the City, its officers, officials, employees and
volunteers for losses arising from work performed by the
Contractor for the City.
3. Professional Liability.
Contractor shall carry professional liability insurance in
an amount deemed by the City to adequately protect the
Contractor against liability caused by negligent acts,
errors or omissions on the part of the Contractor in the
course of performance of the services specified in this
Agreement.
4. All Coverages.
Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given
to the City.
(e) Acceptability of Insurers Insurance is to be placed with
insurers with a Bests' rating of no less than A:VII.
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(f) Verification of Coverage Contractor shall furnish City with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to
require complete, certified copies of all required insurance
policies, at any time.
(g) Subcontractors Contractor shall include all subcontractors as
.insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
(h) Waiver The Risk Manager of City may approve a variation in those
insurance requirements upon a determination that the coverages,
scope, limits and forms of such insurance are either not
commercially available or that the City's interests are otherwise
fully protected.
Fire Insurance Fire and extended coverage insurance upon
Lessee's fixtures, goods, wares and merchandise, in or upon the leased
premises, with coverage in an amount of not less than $5,000.
Subrogation Waiver Lessor and Lessee agree that in the event of
loss due to any of the perils for which they have agreed to provide insurance,
each party shall look solely to its insurance for recovery. Lessor and Lessee
hereby grant to each other on behalf of any insurer providing insurance to
11
either of them with respect to the demised premises, a waiver of any right of
subrogation which any such insurer of one party may acquire against the other
by virtue of payment of any loss under such insurance.
Lessee shall obtain a written obligation on the part of any such
insurance company to notify Lessor within ten (10) days in writing of any
delinquency in premium payments and of any cancellation of any such policy.
Lessee agrees if Lessee does not takeout such insurance or keep the same in
full force and effect, Lessor may take out the necessary insurance and pay the
premium therefore and Lessee shall repay to Lessor the amount so paid by
having such amount deemed to be additional rental and payable as such within
30 days.
Lessee shall deliver to Lessor copies of policies of liability
insurance required herein or certificates evidencing the existence amount of
such insurance with loss payable clauses satisfactory to Lessor. Lessee and
the insurance carrier shall give Lessor sixty (60) days' written notice of any
intent to cancel or modify any policy hereunder.
13. Compliance with Laws and Rules Lessee's agents, servants, and
employees, visitors and licensees shall observe and comply strictly with all
reasonable rules adopted or which are adopted hereafter for the care,
protection, cleanliness, and proper operation of the building. Lessor shall
have no obligation to Lessee as a result of the violation of any such rules by
Tenant or any other person. Lessor shall maintain a copy of such rules in the
office of Lessor for inspection by Lessee at any reasonable time. All of such
rules shall be deemed a material term to this lease.
14. Termination or Cancellation Lessor may terminate this lease and
take possession of the premises, all without waLiving any rights which it may
12
J
have at law hereunder, following any of these events.
(a) If Lessee fails to correct any violation of this lease
agreement within thirty (30) days after written notice thereof.
(b) Lessor may terminate this lease following a decision of the
Saratoga City Council to terminate. Lessor shall provide Lessee with ninety
(90) days' written notice of such termination.
Lessee may terminate this lease agreement by giving ninety (90)
days' written notice to Lessor.
15. Attorney's Fees Should either party hereto institute any legal
action to enforce any provision hereof, the prevailing party in such action
shall be entitled to receive from the losing party such amount as the court
may adjudge to be reasonable attorney fees and costs.
16. Holding Over Any holding over after the expiration of the term of
this lease by Lessee shall be deemed to be a tenancy from month -to -month and
except for the term thereof shall be on the same terms and conditions
specified herein, so far as are applicable.
17. Waiver The specified remedies to which Lessor or Lessee may
resort under the terms of this lease are cumulative and not intended to be
exclusive of any other remedies afforded by law. No covenant, term or
condition or the breach thereof shall be deemed waived, except by written
consent of Lessor, and any waiver or the breach of any covenant, term or
condition shall not be deemed to be a waiver of any preceding or succeeding
breach of the same or any other covenant, term or condition. Acceptance of
all or any portion of rent at any time shall not be deemed to be a waiver of
any covenant, term or condition except as to the rent payment accepted.
18. Notice All notices or demands of any kind required or desired to
13
l
be given by Lessor or Lessee hereunder shall be in writing and shall be deemed
delivered seventy -two (72) hours after depositing the notice or demand in the
United States Mail, postage prepaid, addressed to Lessee at the address of the
Oak Street premises, whether or not Lessee has departed therefrom, abandoned
or vacated the premises, and as to Lessor, at 13777 Fruitvale Avenue,
Saratoga, California 95070, or such other address as shall be designated by
either party in compliance with the provisions of this paragraph.
19. Attachments The attachments listed below shall be attached to
this lease agreement and shall be considered part of this lease agreement:
(a) Diagram of space allocation.
20. Entire Agreement This lease, and the attachments hereto,
represent the sole and entire agreement of the parties hereto, and all other
agreements, discussions, representations, or negotiations, oral or written,
express or implied, and merge herein and succeeded by this lease.
CITY OF SARATOGA, a
municipal corporation
Dated:
By
Larry Perlin, City Manager
Dated:
October 31, 1997
mnrsw \273 \agree \Vi1agLib.Lse
FRIENDS OF THE SARATOGA LIBRARIES
By
14
MICHAEL R. NAVE
STEVEN R. MEYERS
ELIZABETH H. SILVER
MICHAEL S. RIBACK
KENNETH A. WILSON
DAVID W. SKINNER
STEVEN T. MATTAS
CLIFFORD F. CAMPBELL
MICHAEL F. RODRIQUEZ
KATHLEEN FAUBION, AICP
RICK W. JARVIS
LARISSA M. SETO
DEBBIE F. LATHAM
WAYNE K. SNODGRASS
ARNE B. SANDBERG
BENJAMIN P. FAY
DANIEL A. MULLER
LIANE M. RANDOLPH
PATRICK WHITNELL
KATHARINE G. WELLMAN
MEYERS, NAVE, RIBACK, SILVER WILSON
A PROFESSIONAL LAW CORPORATION
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351 -4300
FACSIMILE: (510) 351 -4481
NORTH BAY OFFICE
555 FIFTH STREET, SUITE 230
SANTA ROSA, CA 95401
TELEPHONE: (707) 545 -8009
FACSIMILE: (707) 545 -6617
CENTRAL VALLEY OFFICE
5250 CLAREMONT AVENUE
STOCKTON, CA 95207
TELEPHONE: (209) 951 -4080
FACSIMILE: (209) 951 -3009
MEMORANDUM
OF COUNSEL
ANDREA J.SALTZMAN
CERTIFIED APPELLATE SPECIALIST
TO: Larry Perlin
Interim City Manager
City of Saratoga
FROM: Michael S. Riback
City Attorney
RE: Revised Village Library Lease
i'ICE
DATE: October 3.1, 1997
Attached please find the revised Village Library lease between the City and Friends
of the Saratoga Libraries. The existing lease has been modified in the following manner:
All references to the mobile office trailer have been deleted. The trailer will
be donated as surplus property to the Friends of the Saratoga Libraries at
some future date.
The term of the lease has been revised to a period of ten years.
The security deposit remains at $1,000, which I believe is satisfactory so long
as the requirement to replenish the deposit amount is retained in the lease
and complied with.
You indicated that the Friends of Saratoga Libraries may wish to serve wine
once or twice per year at auctions. There is no provision in the lease which
would prohibit this activity.
The .insurance provisions have been revised to include insurance coverage
that is typically required under City standard agreements.
TO:
Larry Perlin, Interim City Manager
FROM:
Michael S. Riback, City Attorney
RE:
Village Library Lease
DATE:
October 31, 1997
PAGE:
2
Please give me a call if you have any questions regarding this revised lease.
Michael S. Riback
City Attorney
MSR:dka
Enclosure
J:\WPD\MNRSW\273\01\MEMO\OCT97\PERUN2.031
Friends of the Saratoga Libraries December 1, 1997
P.O. Box 2642 Saratoga, California 95070
Mayor Gillian Moran
City Councilmembers
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Dear Mayor Moran and Councilmembers:
On behalf of the Friends of the Saratoga Libraries I am requesting Council
approval for the extension of our lease for the use of the Village Library building.
The current lease is due to expire at the end of February, and the new
agreement will extend the lease for an additional ten years.
Next March will mark the fifteenth year of operation for the Friends' used book
store, the Book Go Round, in the Village Library building on Oak Street. As you
know, the activity is carried out entirely by volunteers, and depends on
donations of books and related materials. The operation has grown
tremendously, attracting over 10,000 customers in the last fiscal year.
The success of the Book Go Round enabled us to provide a total of $74,795 in
grants to the Saratoga Community Library last year. The annual Friends' grants
supplement funds from the County system and have been allocated for special
library programs and additional hours of operation as well as furnishings,
equipment, and materials.
The Friends greatly appreciate the support of the City Council for our activities.
We look forward to the continuing operation of the Book Go Round, and hope
that you will join us as we celebrate our 15th anniversary. Please call me at
867 -3445 if you have any questions.
Si er
Carolyn King, President
Friends of the Saratoga Libraries
cc: City Manager
MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, December 17, 1997 6:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
i
Parks and Recreation Commission Interview 6:30 p.m. in Administration
Conference Room, 13777 Fruitvale Avenue
Closed Session 6:45 p.m.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9:in one case.
Mayor's Report on Closed Session
action had been taken.
7:30 Pledge of Allegiance
1. ROLL CALL
Mayor Wolfe reported that no
Councilmembers Bogosian, Jacobs, Shaw, Moran, and Mayor Wolfe were
present. Also present were City Manager Perlin, Interim Administrative
Services Director Larson, Community Development Manager Walgren, City
Attorney Riback, and Deputy City Clerk Cory.
2. CEREMONIAL ITEMS
A. Resolution commending Al Fregoso on his Retirement
Mayor Wolfe presented the resolution to Mr. Fregoso.
3. REPORT OF CITY CLERK ON POSTING OF AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on December 12.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Mayor Wolfe thanked the Council for electing him Mayor and Jim Shaw as
Vice Mayor. He described his vision as Mayor, including Saratoga's
remaining unspoiled. He believed that more services could be provided
by the City if the State and federal government did not impose unfunded
mandates, and he asked that staff and citizens assist in identifying
such mandates so that their impact can be modified.
Jenny Crotty, Parks and Recreation Commissioner, then described a
Saratoga Union School District meeting on December 9 at which negative
remarks were made concerning Saratoga residents who are not residents
of the District. She expressed appreciation to the Council for their
professionalism and decorum concerning this matter.
1) Presentation from Green Belt Alliance concerning
resolution endorsing permanent acquisition of Alma
College Property
Robert Montcrief, representing Friends of Bear Creek Redwoods, made a
slide presentation and answered Councilmembers' questions.
JACOBS /BOGOSIAN MOVED TO DIRECT STAFF TO PREPARE FOR THE NEXT MEETING
A RESOLUTION SUPPORTING PUBLIC ACQUISITION OF THE PROPERTY. Passed
4 -1 (Wolfe opposed).
B. COMMUNICATIONS FROM COMMISSIONS None.
C. WRITTEN COMMUNICATIONS
1) Letters from Warren Lampshire requesting City support
for Saratoga Parade
City Council Minutes 2 December 17, 1997
Mr. Lampshire reviewed his letter and answered Councilmembers'
questions.
There was consensus to provide for the parade insurance coverage and
free permits, its well as Jennie Loft's staff time, not to exceed five
hours. The Recreation Director's time is not to be used for the
parade, unless on a voluntary basis. It was noted that no action was
needed on the request at the present time.
Mr. Lampshire also hoped funds could be budgeted to celebrate the 15th
anniversary of Saratoga's Sister City relationship with Muko -Shi in
1999.
2) Letter from Principal Kevin Skelly, Saratoga High
School, requesting $200,000 from the Park Development
Fund to build a community aquatic facility
There was consensus to refer this issue to the Parks and Recreation
Commission. They are to find out details, including how the project
will serve the entire community.
5. CONSENT CALENDAR
A. Previously- Discussed Items
1) Resolution granting Appeal re: One World Montessori
School
BOGOSIAN /SHAW MOVED TO ADOPT RESOLUTION 97 -51. Passed 4 -1 (Jacobs
abstaining).
B. New Items
MORAN /SHAW MOVED TO APPROVE CONSENT CALENDAR B. Passed 5 -0.
1) Planning Commission Actions, 12/10 Note and file.
2) Public Safety Commission, 11/10 Note and file.
3) Memo Authorising Publicity for Upcoming Hearings No
hearings scheduled for January 7.
4) City Financial Reports for November:
a) Treasurerls Report Receive and file.
b) Investment Report Receive and file.
c) Financial Report Receive and file.
5) Approval of Check Register
6) Rejection of Bids for Civic Theater Lighting System
7) Approval of Letter of Understanding with Saratoga
Employees Association concerning Amendments to Leave
Carryover and Payout Policies in the Memorandum of
Understanding
C. CLAIMS AGAINST THE CITY None.
6. PUBLIC HEARINGS
_f
A. Use of Citizens Option for Public Safety Funding Program
The public hearing was opened at 8:40 p.m. No one appearing to speak,
it was closed immediately.
BOGOSIAN /SHAW MOVED TO APPROVE THE SHERIFF'S RECOMMENDATION FOR USE OF
THE FUNDS. Passed 5 -0.
4. A. Oral Communications (continued) and instructions to staff
regarding actions on current oral communications None.
r
City Council Minutes 3 December 17, 1997
7. OLD BUSINESS
A. Request for Reduction /Waiver of Soundwall Permit Fee
(Cefalu) (continued from 12/3)
Annette Peterson spoke as daughter of the Cefalus, who had requested
the fee reduction.
Councilmembers discussed the issues, including fairness to other
applicants, whether a hardship existed, whether the fact that the
Cefalus had purchased their house 30 years ago was significant, whether
the stoplight at Scotland made this a special case, and whether the
amount of the fees was justified.
MORAN /JACOBS MOVED TO ACCEPT THE STAFF RECOMMENDATION TO CHARGE THE
CURRENT FEES. Passed 3 -2 (Shaw, Bogosian opposed).
Councilmember Moran asked the staff to keep the Cefalus informed as to
how the investigation of the U -turn was proceeding.
S. NEW BUSINESS
A. Master Meetings Calendar for 1998
There was consensus to approve the calendar in general. A Council
retreat is to be added to the agenda at the end of February. Staff is
to check with the council to see if February 21 is satisfactory.
Councilmember Moran asked that the 1999 calendar be considered earlier
next year. She also asked what had happened to the Town Hall meetings.
Mayor Wolfe directed that Town Hall meetings be planned for 1998.
There was consensus to schedule them tentatively for May and September.
B. False Alarm Ordinance (first reading and introduction)
There was consensus to change the recommended fees as follows: two
free; third alarm, $75; fourth alarm, $100; fifth alarm, $200; sixth
and additional alarms, $250.
MORAN /JACOBS MOVED TO INTRODUCE THE ORDINANCE, WITH THE ABOVE
AMENDMENTS TO THE FEES, BY TITLE ONLY, WAIVING FURTHER READING. Passed
5 -0.
C. Ordinance Relating to the Appointment of the City Clerk
Position Separate from that of City Manager (first reading
and introduction)
City Attorney Riback stated that the City Council had agreed
tentatively in the past to make the City Clerk's position separate from
the City Manager's. He said most cities tended to have separate City
Clerks. One reason is that there can be a conflict between the actions
of the City Manager and the duties and responsibilities of the City
Clerk, one example being when the City Clerk has to attest to the
signature of the City Manager. He felt it was better to avoid those
situations when possible, and he reviewed the provisions of the
ordinance.
Councilmember Bogosian noted that under the present system the City
Clerk is essentially hired by the City Council; he asked if the Clerk
would be serving at the pleasure of the City Manager.
City Attorney Riback stated that the City Clerk position would not
serve at the pleasure of the City Manager, but would be treated as any
other non management employee.
Councilmember Moran said she would feel more comfortable with the
proposal if it included a staff analysis of the salary range that would
accompany this position. She had understood that there was no
significant departure from the current responsibilities, duties and
operations for the new position, and therefore she urged the Council
to consider if it were appropriate to consider this as a package when
City Council Minutes 4 December 17, 1997
it is a more fully developed concept.
Councilmember Jacobs agreed that he would like a better notion of the
fiscal impacts. It was his understanding that the Deputy City Clerk
does pretty much all of the City Clerk responsibilities now other than
ministerial items, so he wondered why there should be any salary change
at all.
Councilmember Moran pointed out that if there were a change, the
Council might want to have identified what kind of diminution of
responsibilities there are in the position that now serves both as City
Clerk and City Manager, due to the transfer of responsibilities.
Councilmember Jacobs also noted that, given the importance of the City
Clerk's responsibilities, the City Council should perhaps reserve to
itself some say in who is appointed. He believed the City Clerk is a
very technically important position, considering what they do and their
responsibilities, and although the Council did not have control over
the bureaucracy, they did have control over the City Manager, the City
Attorney and technically the City Clerk. The proposed ordinance would
result in the Council no longer having control over who is the City
Clerk.
Mayor Wolfe noted that in some cities the City Clerk is elected by the
people.
Councilmember Jacobs stated that that reflected the importance of the
position, which is a very important job.
Mayor Wolfe stated that managing a new City Clerk is one more
responsibility given to the City Manager for which he is held
responsible. He agreed that a report on the fiscal impact was needed.
Councilmember Shaw stated that he had spoken to the City Clerk of
Cupertino, who is appointed by the City Manager. She. felt it was an
excellent way to handle it rather than get the City Council in the
middle because of the possibility of the City Council trying to
compromise some of the actions of the City Clerk by being in the loop.
The duties of the City Clerk are rather straightforward without much
room for improvisation. When he asked about a conflict between the
City Clerk and the City Manager, he got the impression that the
ultimate control would be the Council because the Council controls the
City Manager. In the case of a conflict, the Council would be able to
analyze the position of the City Clerk and City Manager and make an
appropriate decision. He felt the appointment by the City Manager was
not a bad idea, but perhaps with the approval and consent of the City
Council. The feedback was that didn't seem to be the way to go, but
rather to rely on the Council's ability to deal with the City Manager
in case of problems.
Mayor Wolfe quoted the City Attorney as saying that few cities have the
City Manager acting as City Clerk.
City Attorney Riback said that fewer cities all the time do so.
Mayor Wolfe asked whether in those cases the City Clerk is responsible
to the City Manager without the overview of the Council.
City Attorney Riback replied that was correct.
Councilmember Jacobs asked how the City Clerk is appointed in the
cities Mr. Riback was involved with. He replied that he had
experienced elected city clerks, city manager- appointed city clerks,
city manager/city clerks, city clerks who were in management positions
and non management positions. Without advocating either situation, he
said, he had seen situations where with both elected clerks and clerks
appointed by city councils (and those cities moved away from that),
there had been conflicts between the City Manager and the City Clerk,
with the City Clerk knowing that the City Council is really the
employer of that person, and that person doesn't necessarily have to
work well or cooperatively with the City Manager.
Mayor Wolfe stated that as councils change attitudes can change
r
city council Minutes 5 December 17, 1997
internally, and that might not be the best thing.
Councilmember Moran noted that she served on a regional group which
that morning had made the decision to move from a board appointed clerk
to a clerk under the supervision of the chief executive officer. One
thought that went into the mix was that it was more in the olden days,
when there was a clearer conflict of interest, when it was the clerks
who kept the minutes and would write out in longhand and if he said
that the City Manager or the CEO said one thing, then that was pretty
much the way it is, but now that we have recording devices and we are
on television, and there is much less conflict of interest. She felt
the Revolutionary War approach to this is not necessarily the way we
should be going. More importantly, the board itself found they were
responsible for appointing, evaluating and supervising a position and
a person in that position and an entire office of people, although it
wasn't clear to them that they really wanted to take the time and
effort to get to know that kind of position, the criteria for
evaluating it, and to fairly manage that office.
Councilmember Moran clarified that what was needed was a description
of how the duties and responsibilities would change and addressing the
fiscal issues.
City Manager Perlin stated that the difference in duties may not be
great, but the difference in responsibilities could be significant.
Mayor Wolfe pointed out that given the budgetary situation of the City,
the Council would then have to decide if they wanted to make this
change or not.
There was consensus to direct staff to prepare a report on the fiscal
impacts of the proposed ordinance and the greater responsibilities that
would be required of the person who filled the City Clerk position.
City Manager Perlin stated the he would be able to prepare a report and
recommendations for the agenda in late January or early February.
9. ROUTINE MATTERS
A. Approval of Minutes 12/3; 12/9
Concerning the first paragraph under the appeal on page 3 of the
December 3 minutes, Councilmember Jacobs corrected "client" to "spouse
of a client."
MORAN JACOBS MOVED TO APPROVE THE 12/3 MINUTES AS AMENDED. Passed 5-
0.
JACOBS /BOGOSIAN MOVED TO APPROVE THE 12/9 MINUTES AS SUBMITTED. Passed
5 -0.
10. CITY COUNCIL ITEMS
A. Agenda items for nest adjourned regular meeting No
meeting December 23.
B. Other
Councilmember Bogosian brought up a memo written by Councilmember Shaw
concerning cable television. City Manager Perlin stated a number of
issues needed to be investigated and discussed. He stated that TCI had
warned the City that in mid -1998 KSAR may have to move from Channel 6.
There was consensus to discuss various cable television issues when the
City Manager has further information on January 13.
Councilmember Shaw reported that George Korbay of the Freeway Noise
Abatement Committee said that the Route 85 final report on noise is
complete. There was consensus to schedule a presentation by the
consultant for a regular meeting, perhaps January 21. The City Manager
was directed to contact Mr. Korbay to see if the report is suitable for
a regular meeting or an adjourned meeting.
City Council Minutes 6 December 17, 1997
11. ADJOURNMENT
The meeting was adjourned at 10:12 p.m.
Respectfully submitted,
Grace E. Cory
Deputy City Clerk