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HomeMy WebLinkAbout03-04-1998 City Council AgendaPublic hearings will start promptly at 8:00, when the Council will move from whatever item it is'considering at that time to public hearings. Note: Devices to assist the hearing impaired are now available in the lobby. AGENDA SARATOGA CITY COUNCIL TIME: Wednesday, March 4, 1998 6:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Administration Conference Room, 13777 Fruitvale Avenue 6:00 p.m. Special Meeting to interview Child Care Coordinator L� applicants (6:00 Peter Holdorf; 6:10 Nancy Anderson; 6:20 Marjan Sharifnejad) 6:30 p.m. CLOSED SESSION FOR CONFERENCE WITH LEGAL COUNSEL- D ANTICIPATED LITIGATION Possible initiation of litigation pursuant to Government Code Section 54956.9(c) in one case and possible exposure to litigation pursuant to Government Code Section 54956.9 (b) in one case. Mayor's Report on Closed Session. 7:30 Pledge of Allegiance 1. ROLL CALL 2. CEREMONIAL ITEMS A. Proclamation Honoring Marion Card V B. Petroleum Man of the Century Proclamation �"D C. Absolutely Incredible Rids Day Proclamation ,,V 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 27. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS City Council Agenda 2 March 4, 1998 1) Presentation by Randy Anderson, Midpeninsula Regional Open space District concerning Open Space study B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS 1) Letter from Patricia Catlin, saint Andrew's Episcopal C� Church, requesting waiver of fee for Celtic Faire 0 temporary use permit. 6 Recommended Action: Deny request and direct applicants to submit an aplication for Temporary Use Permit with the $500 permit fee. 2) Letter from Laura Kim, 20812 Fourth St. #22, U concerning naming a street after Nigerian activist Ben Charles Obi. o Recommended Action: Refer letter to Heritage Preservation Commission for future consideration. 3) Request from Hakone Foundation for Parking Fee F Increase Recommended Action: Approve fee revisions as proposed. 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. �7 A. Previously- Discussed'Items None. y (j B. New Items 1) Planning Commission Actions, 2/25 Note and file. City Council Agenda 3 March 4, 1998 2) Finance Commission Minutes, 2/2 Note and file. 3) Public Safety Commission Minutes, 12/11; 1/7 Note and file. 4) Memo Authorising Publicity for Upcoming Hearings CDBG Hearing 5) Approval of Payments for Emergency Storm Work performed by Stevens Creek Quarry Approval of Check Register r) 7) Final Map Approval, Tr. 9028 (five -lot subdivision at 14596 Big Basin Way) (Owner, RMB, Inc.) 8) City Financial Reports for January: a) Treasurerls Report Receive and file. b). Investment Report Receive and file. c) Financial Report Receive and file. '2- C. CLAIMS AGAINST THE CITY None. 6. PUBLIC HEARINGS None. 1 �2A 4. A. Oral Communications (continued) and instructions to staff regarding actions on current or communications zle�� j� wa_c'� ya /I g 7. OLD BUSINESS G• A. Approval of Wording for Warning Signs along Saratoga Creek Recommended Motion: Approve wording as recommended. S. NEW BUSINESS City Council Agenda 4 March 4, 1998 n A. Request for Waiver of Annexation at 19544 Glen Una Dr. (Osinski) Recommended Action: Deny request and direct applicants to submit an application for annexation to the City. B. Personnel Issues in Connection with Reorganisation Recommended Action: Adopt resolutions; approve appointment. g 3) 4) Resolution amending City Classification Plan Resolution implementing Reorganisation Plan and authorising Permanent Positions in the City Service Resolution authorising Procedures to Implement the Reorganisation Plan Approval of Appointment of James Walgren as Community Development Director C. Measure G Special Election June 2, 1998 Recommended Actions: See report. �j D. Approval of Contract with Interim Finance Director Oliver L. Wright Recommended A ton: Approve agreement. 9. ROUTINE MATTERS (Note: City Attorney will be excused at this X point if no longer needed.) lJ A. Approval of Minutes 2 18• PP 2/24 10. CITY COUNCIL ITEMS A. Agenda items for ext adjourned regular meeting No meeting March 10. I City Council Agenda 5 March 4, 1998 C{ I -2 B. Other il. CITY MANAGERIS REPORT 12. ADJOURNMENT to 9:00 a.m. on Saturday, March 14, for Council Retreat at Savannah Chanel Vineyards, 23600 Congress Springs Road. co 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] Number Fund Description CITY OF SARATOGA Treasurer's Report of Fund Balances January 31, 1998 Unaudited Adjustments July 1, 1997 Transfers Year to Date Revenues Year to Date Expenditures As of January 31, 1998 001 GENERAL $4,440,593 ($445,609) $3,657,981 $3,128,414 $4,524,551 100 SUP. LAW ENFORCEMENT 20,498 70,645 48,342 42.801 110 TRAFFIC SAFETY 40,235 7,007 47,242 150 GAS TAX 195,379 509,071 675,479 28,971 160 T.D.A. 4,950 18,845 (13,895) 170 HILLSIDE STREET REPAIR 2,807 7,551 415,287 (404,929) 180 LANDSCAPE /LIGHT DIST. 62,838 8,775 77,145 (5,532) 250 DEVELOPMENT SERVICES 833,423 442,007 391,416 260 ENVIRONMENT PROGRAMS 269,644 191,493 378,298 82,839 270 H.C.D.A. (100,229) 21,874 97,843 (176,198) 290 RECREATION FUND 17,678 282,424 343,599 (43,497) 292 FACILITY OPERATIONS 101,519 36,747 64,772 293 THEATER TICKET SURCHARGE 15,853 7,882 7,971 300 STATE PARK BONDS 4,340 4,340 310 PARK DEVELOP 2,178,593 40,800 82,739 2,136,654 400 LIBRARY DEBT (200) 97,130 87,128 9,802 410 CERTS OF PART. 931,035 4,985 926,050 420 LEONARD ROAD ASSIANT. 40,520 1,276 1,790 40,006 700 QUARRY CREEK TRUST 27,005 2,795 24,210 710 HERITAGE 5,675 5,675 720 C.A.TV FOUND TRUST 364 50,000 50,364 730 PARKING DISTRICT k2 11,89g 1,035 10,863 740 PARKING DISTRICT l/3 (1,505) 550 (2,055) 750 PKG DIST BONDS NI &c 4 (47,644) 34,982 (82,626) 800 DEPOSIT AGENCY FUND 331,906 (50,000) 281,906 810 DEFERRED COMPENSATION 1,018,875 1,018,875 830 PAYROLL AGENCY FUND 22,122 22,122 990 SARATOGA PUB. FIN. AUTH. 192,326 192,326 AGGREGATE TRANSFERS ALL OTHER FUND 1,289,382 1,289,382 Total $9,642,632 $843,773 $5,873,894 $5,885,892 $10,474,407 NOTE: 9 The balances as of July 1, 1997 are preliminary and unaudited. A number of year end entries, which will have a material effect on the statement, have not been booked. These entries will be recorded as part of the normal and routine process ol' closing the books at year end. v Trust and agency balances are treated as a liability versus fund equity for financial statement purposes. Accordingly, the balances shown are for informational purposes only. These transfers will e all ated to the proper fund in the near future. ubmrtted by: Approved by: 0\M CRr4R- 1R)RUCRT (Unaudited Results) CITY OF SARATOGA Cash and Investment Report Balance as of January 31, 1998 r4 Type Institution Unrestricted Cash Investments: Cash: DD Comerica Bank Savings CK Comerica Bank General CK Comerica Bank Petty Cash MF State Street Bank and Trust Co. Custodial Subtotal Cash Anticipated Acquisition FDR• Book Market Par Maturity Monthly Date Rating Value Value— Value Yeild Date Term Earnings N/A AAA 577,335 577,335 577,335 2.400% Revolving 1 5349 N/A AAA 330,523 330.523 330.523 0.000°% Revolving 1 N/A N/A AAA 954 954 954 0.000% Revolving 1 N/A N/A AAA 173 173 173 5.000°% Revolving 1 1 491 CD Girard Savings Bank 07/28/97 AA 99.000 99,000 99.000 408.985 a 408,985 408.985 1.026% 1 350 L.A.I.F. Investments: Subtotal L.A.I.F. Investments 6.762,008 6.770,183 6,768.883 6.059% 440 MY- L. A. 1. F. N/A N/A 3,475.883 b 3,475,883 3,475.883 5.742% Revolving 90 17,187 CD First Republic Thrift Loan 02/07 /97 AAA 95,000 95,000 95,000 6.000% 08/06/98 546 491 CD Girard Savings Bank 07/28/97 AA 99.000 99,000 99.000 6.050°% 07/28/98 365 516 CD Saratoga National Bank 07/03/97 AAA 50000 500,000 500,000 6.400% 07/03/98 365 2,756 CD Metropolitan Bank 07/25/97 AAA 99,000 99.000 99.000 5.800% 07/25/98 365 494 CD Heritage Bank of Commerce 10/14/97 AAA 500.000 500.000 500.000 6.000% 10/14/98 365 2.583 SV Subtotal CDs N/A AAA 1.293,000 1,293,000 1,293,000 6.348°% Revolving 401 6,840 TN US TN State Street Custody 03 /12/97 994.219 999,400 1,000,000 5.746% 02/28/98 355 4.919 TN US TN State Street Custody 04 /07/97 998,906 1 1.000,000 6.091°% 05/31/98 422 5.239 Subtotal U.S. Treasury Notes 3 Month Treasury 1.993.125 c 2.001,300 2.000,000 6.091% 389 10.159 Schedule of Maturities: Reserve Analysis: General Fund Reserve requirement adopted 6/25/97: $2,000,000 FY 1998 $1.993,125 General Fund Balance as of 1/31/98 $4,524,551 FY 1999 1 Pooled Cash Inv, available for current expenses: $5,877,993 (a +b +c) Total 53,286,125 (Includes unrestricted funds maturing within the current fiscal year) NOTES: FDR The Financial Directory rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal H Board. Ratings based on information released July 1997. "Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company. Submitted by: I Approved by: v .A ,t (Unaudited Results) Subtotal L.A.I.F. Investments 6.762,008 6.770,183 6,768.883 6.059% 440 34.185 Subtotal Unrestricted Cash Investments 7,170,993 7,179,168 7,177,868 5.773% 221 34,535 Restricted Cash Investments: SV Saratoga National Bank CDBG N/A AAA 81,813 81,813 81,813 3.040% Revolving 1 202 CK Saratoga National Bank CDBG N/A AAA 8 8 8 0.000% Revolving 1 N/A CK Wells Fargo Bank CDBG N/A AAA 19,933 19,933 19,933 0.000% Revolving 1 N/A CK Wells Fargo Bank CDBG N/A AAA 11,708 11,708 11,708 0.000% Revolving 1 N/A SV Comerica Bank Quarry Creek Trust N/A AAA 24.466 24,466 24,466 2.000% Revolving 90 42 Subtotal Restricted Cash Investments 137.928 137.928 137,928 0.177% 24 244 Total Cash and Investments $7,308,921 $7,317,096 $7,315,796 5.704% Avg Yield 134 $34,779 Benchmark Yield Comparison 3 Month Treasury 5.170%1 6 Month Treasury 5.230% Schedule of Maturities: Reserve Analysis: General Fund Reserve requirement adopted 6/25/97: $2,000,000 FY 1998 $1.993,125 General Fund Balance as of 1/31/98 $4,524,551 FY 1999 1 Pooled Cash Inv, available for current expenses: $5,877,993 (a +b +c) Total 53,286,125 (Includes unrestricted funds maturing within the current fiscal year) NOTES: FDR The Financial Directory rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal H Board. Ratings based on information released July 1997. "Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company. Submitted by: I Approved by: v .A ,t (Unaudited Results) CITY OF SARA'rOGA Statement of Revenues and Expenditures Budget Variance Report General Fund All Other Funds January 31, 1998 (60% of FY Complete) NOTES: 1. Property taxes are collected by the County on a semiannual basis each December 10th aril April l Oth. The County remits die City's apportioned amount typically witlnin one mouth of collection. I-rmchise fees are typically received muntLly from the City's refuse hauler mid cable TV provider. The water company and electric mid gas provider remit fees on an annual basis in February and April, respectively. 2. The timing of hriergovenunental Federal revenues is predicated on submittal of qualifying expenditures. 3. This line item reflects a $300,000 General Fund budgeted reduction in overall revenue in case actual revenues fall short of estimates. No actuals will be recorded to this line item. z J 4. $1.98 million Civic Center COP debt to be paid off in September. Accounting entries recorded in October. h The contingency reserve represents an appropriation for unanticipated expenditures. It may not be directly expensed and must be transferred to other activities or projects, as necessary. V 6. A sinking fund has been established for the future replacement of technology. r1lizz, �.i Submitted by: 7 Approved by: (Unaudited Results) 1 General Fund I I All Other Funds I Current Month Year to Date Annual Current Month fear to Date Annual Budget Actual Variance Budget Actual Variance Budget Budget Actual Variance Budget Actual Variance Budget REVENUES Tares $333,027 $493.154 $160,127 $2,331,191 $2.143,273 ($187,91X) $3,996,328 $4,878 ($0) ($4,879) $34.148 $8,775 ($25,373) $58,540 1 Licenses and pennits 3,891 5,714 1,823 27,240 63,449 36,209 46.697 54,392 23,232 (31,160) 380,746 489,X59 109,113 652,707 hnergovenunental 104,093 108,990 4,X97 728,650 653.430 (75,220) 1.249.115 150,351 462 (149,X89) 1,052,45K 500,444 (552,014) I,X04 214 2 Charges for services 31,248 500 (30,748) 218,739 282,948 64,209 374,981 156,312 94,215 (62,097) 1,094,182 766,390 (327,792) 1,875,740 Pines, forfeits mud assessments 5,500 4,229 (1,271) 38,500 40,721 2,221 66,000 26,X03 2.902 (23,901) 187,618 13,815 (171803) 321.631 Use of money mid propeny 23,3X1 17,359 (6,022) 163,665 7 (85,126) 280,569 22,X07 27,604 4,797 159,651 236376 76,725 273,648 Other 2,833 2,833 395.621 395,621 1,542 (2,505) (4,047) 10,795 200,254 1K9,459 18.505 Revenue reduction allowance (25,000) 25,000 (175,000) 175,000 (300,000) 3 Administrative direct cost reimb. 135,539 135.539 948,773 948,773 1,626.468 Total Revenues 611,680 76X,318 156,63K 4,281,759 4,606,754 324,995 7,340,158 417,085 145,910 (271,176) 2,919,598 2,215,913 (703,685) 5,005,025 EXPENDITURES Public safety 219,922 203,277 16,645 1,539,457 1,015.465 523,992 2,639,069 9,984 5,X64 3,120 62,X91 40,145 22,746 107,813 Gnviromnental services 5,598 2,287 3,311 39,185 21,978 17,207 67,174 170,306 79,X14 90,492 1,192,144 842,079 350,065 2,043.676 Public works services 66,780 33,50X 33,272 467,458 307,777 159,681 801,357 136,776 83,55K 53,21X 957,430 650,581 306,X49 1,641,309 Community services 15,778 (15,778) 30,771 (30,771) 92,988 31.537 61,451 650.915 455,596 195,319 1,115,855 Debt service 190,779 385 190,394 1,335,455 95,488 1,239,967 2.289,352 4 Community support 16,604 16.604 116,225 116,225 1 99,242 20,576 20,576 144.031 144,031 246,911 General govenunent 179,376 109,402 69,974 1,255,630 1.015,465 240,165 2,152,509 7,328 4,137 3,191 51,295 34,982 16,313 87,935 Capital outlay 4,748 31,965 (27,217) 33,237 106,408 (73,171) 56,978 96,976 133,365 (36,389) 678,831 638,607 40,224 1,163,711 Contingency reserve 10,363 10,363 72,541 72,541 124,356 5 hnterfundlrvusfers 184,197 1X4,197 1,2X9,382 1,289,3X2 2,210,369 (184,197) (1X4,197) (1.2N%3X2) (1,289,382) (2,210,369) Technology sinking fund adjustment (1,667) (1,667) (11.667) (11,667) (20,000) 6 Total Expenditures 685,921 5X9,111 96,(10 4.K01,44X 3,848,120 953,32X 8,231,054 540,516 154,463 386,053 3,7X3,613 1,468,096 2,315,517 6,486,193 EXCESS OF REVENUES OVER(UNDER)EXPENDITURES ($74,241) $179,207 $253,449 ($519,689) $758,634 $1,278,323 ($890,896) ($123,431) ($8,553) $114,877 ($864,015) $747,817 $1,611,832 ($1,481,168) NOTES: 1. Property taxes are collected by the County on a semiannual basis each December 10th aril April l Oth. The County remits die City's apportioned amount typically witlnin one mouth of collection. I-rmchise fees are typically received muntLly from the City's refuse hauler mid cable TV provider. The water company and electric mid gas provider remit fees on an annual basis in February and April, respectively. 2. The timing of hriergovenunental Federal revenues is predicated on submittal of qualifying expenditures. 3. This line item reflects a $300,000 General Fund budgeted reduction in overall revenue in case actual revenues fall short of estimates. No actuals will be recorded to this line item. z J 4. $1.98 million Civic Center COP debt to be paid off in September. Accounting entries recorded in October. h The contingency reserve represents an appropriation for unanticipated expenditures. It may not be directly expensed and must be transferred to other activities or projects, as necessary. V 6. A sinking fund has been established for the future replacement of technology. r1lizz, �.i Submitted by: 7 Approved by: (Unaudited Results) MEMO TO: Mayor City Council FROM: City Manager SUBJECT: Presentation by Recreation Cost Recovery Task Force DATE: February 20, 1998 The Task Force is prepared to present its preliminary findings to the City Council at Tuesday's meeting. Recall that the Task Force is composed of two Finance Commissioners and two Parks Recreation Commissioners who have been working with the Assistant City Manager and the Recreation Director to examine recreation program costs and services to identify how full cost recovery might be achieved. The Council requested that the Task Force deliver its report by March 1 As has been explained to me, the Task Force will present a summary of its work to date on Tuesday. This will include an explanation of the attached spreadsheet which breaks down the cost structure of both recreation and teen services programs so that the full cost of these programs can be better understood, and a summary of other cities' programs to provide a basis of comparison when evaluating Saratoga's program. At the conclusion of the presentation, the Task Force will be requesting further direction from the Council as to any additional work they should perform. The Task Force believes that the information they have developed should help the Council better understand how future decisions about the delivery of recreation and teen services will effect the "bottom line" insofar as cost recovery is concerned. Some of the alternatives the Council can consider include changing the mix of programs offered, cutting back on certain programs, consolidating some or all of the programs with other recreation service providers, or simply leaving things the way they are. However as these decisions fall into the policy arena, the Task Force has refrained from making any recommendations along these lines at this time. J' Larry I. Perlin I\ lid 1� art e 8-8 9 Actual Proleeted a a es Suoolles Re nue Revenue Benefits Teens TEENS SERVICES PROGRAM BUDGET 1997 -1998 Excess Revenue Total Off¢^ F S>3 Nl!I Pro DIroeNDfnxt rock Direct Cost Prooram Cost A Peofessionaf RECREATION SERVICES PROGRAM BUDGET 11 U OvertUnderl Ew vafent nl I 1997 -1998 .15 B.25 Iset 20 Excess Revenue 97.98 Par i etua Protected Sala es d SUDDI(a5 Total War II -time Professional Co uarte Prooram ®r 7% Salaries Full -time nu Over (Underl ndireet even e Cos Revenu Reve Ben e nue efits es/Theater $250,000 l anochure Direct Cast program Cost Benefits HI 1 E Nylent /2 Dlnxt Cost Over lUndeA Allocation !Jl All Cost -281 814 $15,000 51,250 $85,000 518,100 $119,350 5182,284 $94,3981J.28K.65B..0 5 1117 MR s» env lid 1� art e 8-8 9 Actual Proleeted a a es Suoolles Re nue Revenue Benefits Teens TEENS SERVICES PROGRAM BUDGET 1997 -1998 Excess Revenue Total Off¢^ F S>3 Nl!I Pro DIroeNDfnxt rock Direct Cost Prooram Cost A Peofessionaf Revenue 11 U OvertUnderl Ew vafent nl I Direct cost .15 B.25 Iset 20 n Ire Reve 229 Over (Undorl ocation [dl All Cast (1) Includes salaries and benefits for professional and clerical staff FTE Professional: 2.25 Clerical: 1.28 (2) Professional staff: J Joan; K Kim; B Beverly (3) Indirect Cost Allocation based on pro -rata of Total Direct Cost and Salaries and Benefits RECREATION SERVICES PROGRAM REGISTRATION 1997 -1998 (8 months actual, 4 months estimated) Classes/Theater 720 classes 6460 participants Adult Sports Basketball 42 teams 342 participants Drop-in Basketball Program 15 participants Softball 16 teams 260 participants Youth Basketball 30 teams 263 participant 39 volunteers Coaches Trips 27 trips 1200 participants Contract Sports Camps (Soccer, Basketball, Hockey, Baseball, etc.) 10 camps 561 participants Nature and Holiday Camps (Camp Caterpillar, Backyard Scientist, Beach Adventure etc.) 33 camps 565 participants 12 -14 part-time recreation leaders Redwood Sports Program 22 teams 350 participants 1997 -98 Total Registered Participants: 10,016 TEEN SERVICES Warner Hutton House 65 average daily attendance Middle School Dances 5 held 300 average attendance Other Activities 300 participants Youth Commissioners: 13 2/20/98 I TO: Recreation Services Cost Recovery Task Force FROM: Joan Pisani SUBJECT: Recreation Department School Facility Usage DATE: January 21, 1998 The Saratoga Recreation Department uses space at three schools in Saratoga for programs such as adult and youth basketball leagues, tennis classes and golf lessons. Listed below is the information you requested in regards to the current usage. Saratoga I igh School 1997 -98 usage: $3700 Balance in account: $6300 Redwood Middle School 1997 -98 usage: $4000 Balance in account: $16,600 West Valley College 1997 -98 usage: $2000 Balance in account: $6000 WEST COAST PETROLEUM 26 November 1997 3003 N. CENTRAL AVE. SUITE 1500 DC50 Mr. Don Wolfe, Vice Mayor PHOENIX Az 85012 City of Saratoga Saratoga City Hall 13777 Fruitvale Avenue COMMITTEE: Saratoga, CA 95070 TERRY ANDREWS STEVE BENETO Dear Don: �l- FRED BERTETTA On March 19, 1998, the Petroleum Marketing Industry will be honoring Mr. LARRY BROWN Herb Richards, Founder of Coast Oil Company, as the West Coast Independent Petroleum Man of the Century. A committee of Mr. Richard's peers selected BOB CHRISTIANSEN him from among many other deserving candidates with very notable personal and professional accomplishments. Herb's final selection was based not just on JERRY CUMMINGS his business success and cutting edge innovations, but most importantly for BILL FLOYD what he has given back to his industry. JON MADSEN I would appreciate it very much if the Saratoga City Council would help us honor Herb by giving him a commendation for his accomplishments. MIKE SRODA Following are some of his accomplishments: Has lived in Saratoga for over 50 years (80 years in the Santa Clara Valley). Founder of Coast Oil Company in San Jose in 1935. Opened first self serve station in Northern California in San Jose in 1947. A Founder and past President of the California Independent Oil Marketers Association. A Founder and twice general chairman of the Pacific Oil Conference One of the first independent members of the National Oil Jobbers Council Served as Western Vice President of the National Oil Jobbers Council Served on A.P.I. Marketing Committee A TRIBUTE TO HERB RICHARDS Served as board member of the Society of Independent- asoline Marketers of America. Has lived in the Santa Clara Valley for over 80 years Past President of the San Jose West Rotary Club Served on the National Energy Council Served on the San Jose Airport Commission Counselor and Mentor to innumerable fellow marketers If you would like to personally make the presentation we would be happy to extend an invitation to the gala event which will be held at the San Jose Fairmont Hotel. Please call me at (408) 252 -7720 if you have any questions or need additional information. Thanks for your help. Sincerely, Jerry Cummings, President Coast Oil Company 4250 Williams Road San Jose, CA 95129 JC /tb SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: MARCH 4, 1998 ORIGINATING DEPT.: CITY MANAGER AGENDA ITEM ,r CITY MANAGER: (4141 ti DEPT. HEAD: SUBJECT: Review of wording for Saratoga Creek warning signs RECOMMENDED MOTION(S): Move to approve the wording as recommended. REPORT SUMMARY: As instructed by the City Council on November 5, staff has developed wording for new warning signs to be posted along Saratoga Creek. The recommended wording for the new signs is as follows: CAUTION DO NOT WADE OR PLAY IN SARATOGA CREEK Bacteria levels in excess of water quality objectives for water contact recreation have been detected in Saratoga Creek. For more information, contact Coyote Creek Riparian Station (408) 262 -9204. City of Saratoga (City Logo) The proposed wording has been reviewed by Water District and CCRS staff who, along with City staff, believe that the new signs will provide more accurate and useful information to the public who may choose to enter the creek than is provided by the existing signs. The new signs will be 18 "x 18" in size, with white lettering on a green background. Once approved by the Council, the signs can be ordered and delivered within seven days. Removal of the existing signs and installation of the new signs will require an additional two days. FISCAL IMPACTS: The cost for the signs, installation hardware and labor is approximately $500. Sufficient funds for these expenses are budgeted in Activity 28, Stormwater Management. ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were transmitted to Mr. Mitchell and Mr. Whetstone. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The proposed wording would not be approved and the signs would not be ordered unless alternative wording is approved by the Council. FOLLOW UP ACTIONS: The signs will be ordered and installed. ATTACHMENTS: 1. Letter from Mr. Mitchell dated August 29. 14969 Jeffries Drive Saratoga, CA 95070 August 29, 1997 Larry Perlin Acting City Manager City of Saratoga Subject: Saratoga Creek I have been following the creek controversy and lawsuit for several years. The Santa Clara Valley Water District has provided me with a copy of the creek test data and I have performed some analyses of that data. It is clear to me that the water often exceeds standards for coliform set by government authorities. I have also read the Superior Court decision by Judge Infante. Although responsibility for the pollution remains to be determined by the legal process, the decision clearly states that "the parties do not dispute that level of pollutants, in particular fecal coliform, in Saratoga Creek exceed water quality objectives, at least at times." I live beside Saratoga Creek not far downstream from the Saratoga Sunnyvale Rd. bridge the location of the highest values of pollutants. My now grown children spent many hours playing in the creek when they were young. Thus I have a special interest in the its water quality. I would like to make two recommendations for consideration and action by the city: The court and both parties to the lawsuit have agreed that fecal coliform is often present. To my knowledge the city has never officially acknowledged this fact. I recommend that the city send a letter to all property owners bordering the creek advising them of the true situation. The letter should also include guidelines from the county health department similar to those published in the Saratoga News The signs which were placed at several locations alongside the creek several years ago are obsolete and incorrect. The signs say "the city is investigating the possibility of pollutants" They should be modified or replaced and the message should affirm that at times pollutants are present. The attachment to this letter provides my suggestions for modified wording. In my opinion the city has a responsibility to notify the affected citizens of the truth. I hope that you follow through on these recommendations. Sincerely, Sam tche L� Copy: Mayor Moran 0 r DO NOT WADE OR PLAY M THE CREEK The City is investigating the presence of possible pollutants in this area which may pose a health hazard DO NOT WADE OR PLAY IN THE CREEK Bacterial pollution in excess of water quality objectives have been detected in the creek 4 0 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: MARCH 4, 1998 1 AGENDA ITEM CITY MGR.: ORIGINATING DEPT.: COMMUNITY ENVIRONMENT PREPARED BY: SUBJECT: Final Map Approval for Tract No. 9028 (5 lots at 14596 Big Basin Way), Owner: KMB, Inc. Recommended Motion(s): 1. Move to adopt Resolution No. SD 96 -009 granting final map approval of Tentative Map Application No. SD 96 -009 for five lots at 14596 Big Basin Way. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 96 -009 which, if adopted, will grant final map approval for five lots located at 14596 Big Basin Way. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 96- 009, have been completed or will be completed concurrent with development of the five lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. 5 Fiscal Impacts The subdivider has paid $10,822 in Engineering Fees and $26,910 in Park Development Fees required for this subdivision. Follow Up Actions The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Actinq on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Site Map. 2. Tract Map. 3. Resolution No. SD 96 -009 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SI) 96 -009 approving the tentative map with conditions. l REPORT TO THE PLANNING COMMISSION Application No. /Location: 14596 Big Basin Way SD -96 -009; Applicant /Owner: ROSENGARTEN Staff Planner: James Walgren, AICP Date: October 9, 1996 APN: 517 -08 -009' Director Approval: 1 ito7o njq basin Waxy PM -56144 FD. PM NA 1L o_ Iry 35.00' BASIS O BEARINGS PER M 59 J ^d 4716 S.F. F D /N Cp PIN BASIS OF BEARINGS FOR THIS MP IS THE NORTNERLr RIGHT OF WAr LINE OF BIG BASIP VAr IN MON. BOX NORTH 76•!0' EAST AS ON THE PARCEL MAP RECORDED IN BOOR 576 OF /UPS AT fAGE SANTA CLARA q' Z C RECORDS. C /P.5.£ 2 EASEMENT BEHNKE P 190 OR 1506 5 V WO i e 3 ^d 4716 S.F. W a W 2 c 606 S.F. INGRESS. 2 EGRESS. N IJ'50'00" V 150.00' 2091 S.F. q' Z [1'1 l) /P.5.£ 2 EASEMENT (61 'J? (S IJ'101s1 (267) 71.00' ,,.r. .,.9 MPS. PC. 45 L N 2 o W 4 t N W (S 13'52'10'V J01.27') (2.71 INGRESS. 2059 S.F. 1-4 I Iry$ 5 P.M. OK. 556 MAPS PC. 44 TRACT 7611, B6. 554 MAPS, PC. 4 w R/S B)(. J42 MPS, PC. 16 (4) (51 N IJ'50'00" V 150.00' 2091 S.F. BK. A MPS, PG. 4J P. M. BK. 59? MPS. PC. 2J [1'1 l) R/S BM. 172 MPS, PG. 6 (61 'J? (S IJ'101s1 (267) 71.00' ,,.r. .,.9 MPS. PC. 45 L N 2 o W 4 t N W (S 13'52'10'V J01.27') (2.71 INGRESS. 2059 S.F. 1-4 I Iry$ o 71.00' IRZ N N b W 3 C 177 OR 164 O 2094 S.F. I b h PER PM 558/4 NOTES AND LEGEA® N BEHNKE C 40 OR 704 J56.66' 151,66' M IJ'3 ?'IO'V 151.71'7 f7. Zl PER PM 592/2. FD. 1 114. I.P. NO TAG TRACT 7elI Lfsr of REFERENCE (11 ?I P.M. OK. 556 MAPS PC. 44 TRACT 7611, B6. 554 MAPS, PC. 4 w R/S B)(. J42 MPS, PC. 16 (4) (51 N IJ'50'00" V 150.00' (61 BK. A MPS, PG. 4J P. M. BK. 59? MPS. PC. 2J [1'1 l) R/S BM. 172 MPS, PG. 6 (61 'J? (S IJ'101s1 (267) .o. ,,.r. .,.9 MPS. PC. 45 FO(AVD 2 r v (S 13'52'10'V J01.27') (2.71 INGRESS. 1-4 I EXf EGRESS I DRI VEVAr EASEMENT DOl. A 1J7J8791 IRZ N C 177 OR 164 O PER PM 558/4 NOTES AND LEGEA® 5 T 5 TREE T N FD. MONUMENT AS NOTED SET J /4' I.P. LS 4957 FD. J /4' 1. P. 2 DEPT.' a' TRANSPOR TATIl' DISrINCI /VE BORDER CENTERLINE RCE 9895 FO. I I.P. IN MOH. BOX PL9L1C SERVICE EASEMENT P.S.E. 0.25 SE ON P/L RC£ 7595 RECORD DATA PER 558 PH 44 J5.00' ALL DISTANCES AND DIMENSIONS ARE IN FEET AAD DECIMALS THEREOF. THIS SLBDIVISION CONTAINS 1J200 S.F. MORE OR LESS BEHNKE C 40 OR 704 J56.66' 151,66' M IJ'3 ?'IO'V 151.71'7 f7. Zl PER PM 592/2. FD. 1 114. I.P. NO TAG TRACT 7elI Lfsr of REFERENCE (11 ?I P.M. OK. 556 MAPS PC. 44 TRACT 7611, B6. 554 MAPS, PC. 4 w R/S B)(. J42 MPS, PC. 16 (4) (51 R/S BR. 260 MAPS. PC. 49 PLAN OF THE TOWN OF MC CARTrSVILLE (61 BK. A MPS, PG. 4J P. M. BK. 59? MPS. PC. 2J MON. SEARCHED FORT R/S BM. 172 MPS, PG. 6 (61 R/S BM. IJ9 MPS. PG. J6 .o. ,,.r. .,.9 MPS. PC. 45 FO(AVD [NOT o W PER PM 558/4 5 T 5 TREE T FD. BRASS DISC 'CALIFORNIA 2 DEPT.' a' TRANSPOR TATIl' R FO. I I.P. IN MOH. BOX RC£ 7595 PER 550 PM 44 BEHNKE C 40 OR 704 J56.66' 151,66' M IJ'3 ?'IO'V 151.71'7 f7. Zl PER PM 592/2. FD. 1 114. I.P. NO TAG TRACT 7elI Lfsr of REFERENCE (11 ?I P.M. OK. 556 MAPS PC. 44 TRACT 7611, B6. 554 MAPS, PC. 4 (J/ R/S B)(. J42 MPS, PC. 16 (4) (51 R/S BR. 260 MAPS. PC. 49 PLAN OF THE TOWN OF MC CARTrSVILLE (61 BK. A MPS, PG. 4J P. M. BK. 59? MPS. PC. 2J 171 R/S BM. 172 MPS, PG. 6 (61 R/S BM. IJ9 MPS. PG. J6 .o. ,,.r. .,.9 MPS. PC. 45 8• b ti �u 1 b 1 ?0.00' J (61 h W LQ ti 1 J 1 IT I v 20' I 20' vJ MON. SEARCHED FOR, NOT FOUND-\ TRA c T N O. 9028 BEING ALL OF LOT J AND A PORTION OF LOT 1, BLOCK XI PER PLAN OF THE TOWN OF HC CARTrSVILLE" RECORDED IN BOOK A OF MAPS AT PAGE 4J, SANTA CLARA COUNTY RECORDS BEING WITHIN THE CITY OF SARA TOGA SANTA CLARA COUNTY CALIFORNIA OCTOBER 1997 SCALE 1 "=20' WE57 L ENGINEERS, INC. I458J BIG BASIN I(A Y. SARA TOGA SHEET 2 OF 2 RESOLUTION NO. SD 96 -009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 96 -009 14596 BIG BASIN WAY (Kenneth M. Blackwell) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 5 as shown on that certain map of Tract No. 9028, prepared by Westfall Engineers, Inc. dated October, 1997, and filed with the City Clerk of the City of Saratoga on March 4, 1998, are approved as FIVE (5) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of 19 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor Deputy City Clerk 1 CONTRACT FOR THE IMPROVEMENT OF SD 96 -009 AGREEMENT, made and entered into this day of 1998, by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and Kenneth M. Blackwell subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 14596 Big Basin Way situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 96 -009 has been filed with the City Clerk of the City of Saratoga for presentation to the Council for its approval, which map is hereby referred to and by said reference incorporated herein; and WHEREAS, Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovementioned subdivision, including, but without limiting the foregoing, the necessary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and specifications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Westfall Engineers, Inc. Civil Engineer, approved by the City Engineer and now on file in the offices of the Clerk of said City and /or the City Engineer's Office of said City, and E WHEREAS, the City Council of said City did on the day of 199 adopt a Resolution approving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and requiring as a condition precedent to the future acceptance of said offers of dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City's Subdivision Ordinance, as amended, of the City of Saratoga and in accord with the improvement plans and specifications on file- as hereinabove referred to, and requiring as a condition precedent to the release of said final map for recordation that the Subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462(a) of the State of California, it is hereby agreed as follows: 1. Subdivider at this cost and expense shall construct all of the improvements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and specifications on file in the office of said City, for the construction of said improvements, in, for, or appurtenant to said subdivision, and all in compliance with the City's Subdivision Ordinance as amended and the laws of the State of California, and shall complete the same within one year from date hereof and shall maintain the same for a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent to recordation thereof, furnish to the City and file with the City Clerk a good and sufficient surety bond or bonds, money or negotiable bonds, in form to be approved by 3 the City Attorney, securing the faithful performance by Subdivider of all work and the construction of all improvements herein in this Agreement mentioned within time specified, and securing the faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in all events at least 5,500.00 of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the total amount of said bond to be in the sum of 55,000.00 and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by Subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be Fifty -Five Thousand Dollars($ 55,000.00 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boards, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought b:y any and all person or persons because of or resulting from the doing by Subdivider or any and all things required of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors of any and all things required to be done by this contract, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or. omissions of 4 Subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destruction or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destruction, damage or removal is required or caused by the plans or specifications or by direction of an officer, agent or employee of the City. 4. Subdivider shall, before the release of said final map by the City, and as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the City Attorney, and Subdivider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from Subdivider's operations and activities in the construction of any and all improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and /or arising or resulting from the doing or failure of Subdivider to do all things required to be done pursuant to this agreement. Said policies of insurance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence and property damage R coverage of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the following endorsement: "Other insurance the coverage afforded by this insurance shall be primary coverage to the full limits of liability stated in the declarations. If the assured has other insurance against 'the loss covered by this policy, that other insurance shall be excess insurance only, after the entire face value of this policy shall have been exhausted by payment." S. In consideration of City allowing Subdivider to connect said subdivision to certain existing or proposed out -of -tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right -of -way for, and /or to construct, any out -of -tract storm sewer drainage pipe lines and appurtenances which might reasonably be necessary to drain said subdivision and carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero dollars 0 6. In consideration of City agreeing to accept, in accord with this agreement, the in -tract storm drain lines and facilities constructed or to be constructed by Subdivider within or outside of said subdivision in accord with the plans and specifications now on file with the City offices, including the streets and other easements in or beneath which said facilities lie, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero Dollars 0 7. Subdivider shall, before the release of said final map by the City and as a condition precedent to the recordation thereof, pay to the City the sum of Five Thousand Four Hundred Dollars 5,400.00 to be applied by City to the payment of expenses to be incurred by City for engineering and inspection services to be V performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be done and performed in accord with the within agreement, then and in that event, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same person, firm or corporation, then this agreement shall only be effective upon both the Subdivider and the Owner separately executing the same, and wherever the term Subdivider is used, the same shall include Owner and wherever the term Owner is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal representatives and assigns of Subdivider and Owner, and time is of the essence hereof, save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. 7 IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. CITY OF SARATOGA, a Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By:_ Subdivider M (Owner, if different from Subdivider) V RESOLUTION NO. SD -96 -009 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Rosengarten; 14596 Big basin Way WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Map approval construct a mixed -use development consisting of four townhomes and two commercial structures in the Saratoga Village; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and the Village Specific Plan relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated October 9, 1996 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence. NOW, THEREFORE, BE IT RESOLVED that the Tentative Map for the hereinafter described subdivision, which map is dated the 2nd day of July, 1996 and is marked Exhibit A in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Completed by Surveyor. 1. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative 7 File No. DR -96 -043, V -96 -016 SD -96 -009; 14596 Big Basin Way Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for the examination. The Final Map shall contain all of the information required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within "(90) ninety days of the date of submittal for the Final Map. C. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. Fees Paid. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Bond Posted. 4. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered on Final 5 The owner (applicant) shall provide Irrevocable Offers of Dedication for all Map. required easements and /or rights of way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. Plans submitted 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer and approved. in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. Fees Paid. 7. The owner (applicant) shall pay an Improvement Plan Checkin fee, as determined by the City Engineer, at the ti Improvement Plans are submitted for review. File No. DR -96 -043, V -96 -016 SD -96 -009; 14596 Big Basin Way Agreement signed. 8 The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 Of the Municipal Code prior to Final Map approval. All securities 9 The owner (applicant) shall furnish Improvement Securities in provided. accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. Insurance provided. 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.050 of the Municipal Code, prior to Final Map approval. All utility 11. Prior to Final Map approval, the owner furnish the City Engineer shall p y En sne commitments provided. with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. All permits 12. The owner (applicant) shall secure all obtained. necessary permits from the City and any other public agencies, including public and private utility providers, prior to Final Map approval. Acknowledged. 13. All public and private improvements re shall be completed and accepted for construction byetheoCity Engineer, Community Development Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to final approval of any Building permits on any of the lots. Fees Paid. 14. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to Final Map approval. N/A 15 Subject to the determination of the Public Works Director, prior to approval of the Final Map the owner (applicant) may be required to execute an agreement with the City waiving the rights of the owner or any successive owners of any of the lots created by the subdivision to protest the annexation of the lots into the City's Landscaping and Lighting Assessment District LLA -1. The owner (applicant) N/A agrees to such waiver. 16. Subject to the determination of the Public Works Director, prior to Final Map Approval, the owner (applicant) may be required to enter into an agreement with the City waiving the rights of the owner, and any successive owners, to protest the formation of and /or annexation into an assessment district for the purposes of undergrounding utility lines serving the properties. The owner (applicant) agrees to such waiver. Section 1. Conditions must be completed within 24 months or approval will expire. n File No. DR -96 -043, V -96 -016 SD -96 -009; 14596 Big Basin Way Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 13th day of November, 1996 by the following vote: AYES: Abshire, Bernald, Kaplan, Patrick, Siegfried NOES: None ABSENT: Murakami, Pierce Chair, Planning Commission ATTEST: Secretary, P an g Commission SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO: MEETING DATE: March 4, 1998 AGENDA IT M: CITY MANAGER: Ll ORIGINATING DEPARTMENT: Community Development PREPARED BY: James Walgr ommunity Development Manager SUBJECT: Request for Waiver of Annexation; Osinski, 19544 Glen Una Dr. Recommended Motion Deny the request and direct the applicants' to submit an application for annexation to the City of Saratoga. Report Background: The City has received a Waiver of Annexation request from Waldemar and Krystyna Osinski for their Glen Una Dr. parcel of land. The request before the City Council is required by the Santa Clara County Local Agency Formation Commission in order to allow the Osinskis' to process their residential redevelopment plans through the County. LAFCO is the County agency with authority over annexation procedures. The City of Saratoga's agreement with LAFCO allows the City first -right to annex land that is both contiguous to Saratoga and within the City's Urban Service Area. The annexation request is for a single 1.18 acre developed lot. The property is contiguous to Saratoga's boundary and is located within the City's Urban Service Area. Urban Service Areas are a short range designation that indicate where a City anticipates to expand its boundaries and provide services within a 5 -year timeframe. The City's broader Sphere of Influence is a much longer range designation that indicates the area beyond a City's boundaries that it has interest in but may not want to extend its boundaries or provide services to. The property has been prezoned Hillside Residential by City ordinance. If the property is annexed it will automatically be zoned HR and subject to the development regulations of the HR zoning district. Policy Issues: The City Council's policy in the past has been to annex County land when possible in order to exert greater control over the future development of these parcels. The primary objective of this policy has been to protect the environmental and aesthetic quality of the surrounding hillsides. Discretion is used on parcels of land that may be geologically problematic to build on, and/or inordinately expensive to service, particularly when they are isolated lots that are not visible from Valley floor views. For example, the City Council recently denied a request to annex two parcels of land off Quickert Rd. and Belnap Rd. for these very reasons. The Council also noted that the City was operating on a leaner budget with reduced staffing levels and that it was necessary to become more selective in annexation decisions. Another factor considered was Request for Waiver of Annexation Page Two that the County had adopted a hillside development plan last: year that incorporated development guidelines and review procedures very similar to Saratoga's. The document and new discretionary review requirements will hopefully result in improved and more compatible County hillside development. Physical Setting: The 1.18 acre of land is currently developed with an 1,800 sq. ft. two -story residence and a 200 sq. ft. garage. The owners would like to remove the existing buildings and construct a new 4,200 sq. ft. residence on the site. The maximum allowable building size permitted under Saratoga's ordinance for a parcel of this size would be approximately 5,000 sq. ft., including the garage. The existing buildings are at a lower elevation than Glen Una Dr. and cannot be seen from the road. The new structure would be built even lower on the site and would only be visible from the adjacent home to the south, also within the County none of the homes in this area are visible from general off -site views. As the attached location map shows, the parcel is contiguous to Saratoga on two sides and is located close to Hwy. 9 (Saratoga -Los Gatos Rd.). The City's Groundmovement Potential Map indicates that the geologic stability of the area is relatively good. Public utilities and emergency services are available to the site. Public Notice No public notice or hearing is required for this request. Fiscal Impacts Incremental increases in property tax revenues to the City if the property is annexed, and possible minor increases in some City services costs. Follow -un Actions A Resolution reflecting the City Council's determination will. be prepared for adoption at the next available meeting. The applicants could then file concurrent applications for Annexation and Design Review. Consequences of Not Acting on the Recommended Motio The property will not be required to annex to the City and the applicants will develop the site under the jurisdiction of Santa Clara County. Attachments: 1. Applicants' letter requesting Waiver of Annexation 2. Location map 3. Parcel map .3� Waldemar Osinski 19544 Glen Una Los Gatos, Ca 95030 DEC 0 91997 December 2, 1997 PLANNING DEPT. Re: Request for non annexation to City of Saratoga APN 510 -49 -013 (county of Santa Clara) City of Saratoga Planning Dept. To Whom It May Concern: We are writing this letter requesting not to be annexed into the City of Saratoga at this time. The reasons for this request are the following: We very much enjoy the rural atmosphere in our neighborhood with no sidewalks and would prefer not to be added. Our property is situated well below Glen Una, has lots of mature trees, and is thus very secluded and quite invisible from the street. The new home we are proposing to build in place of the current small older home would be surrounded by trees and would not be visible from the street. We have employed a very capable architect, Tom Sloan, who will create a very functional and attractive design which will lend itself well to the natural surroundings and slope of the land. You may be familiar with Mr. Sloan's excellent work. He has designed homes in the City of Saratoga and is thus familiar with your guidelines. The county planning office has a fairly quick approval process. We are currently in the design phase. As we are concerned with the time it may take for approval, thus delaying construction, we would most appreciate you grant our request. If in the future the city of Saratoga would like to annex our property, our home will be designed in such a way that it will already conform to your guidelines. Please be so kind as to respond to our request as soon as possible. Thank you very much. Sincerely, Waldemar and Krystyna Osinski Oc-, HC—RD I L —20'. 001 r ltoft I N WY -T AitEti —4 Location Map s SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: March 4, 1998 ORIGINATING DEPT.: City Manager's Office SUBJECT: Resolutions Implementing Reorganization Plan Recommended Motion(s) AGENDA ITEM CITY MANAGER a- 1. Move to adopt the Resolution Implementing a Reorganization Plan and Authorizing Permanent Positions in City service. 2. Move to adopt the Resolution amending the City's Classification Plan. Report Summary Pursuant to Council's direction provided at the February 10 Adjourned Meeting, staff has drafted the attached Resolutions for Council's approval to implement the proposed Reorganization Plan. The Resolutions are listed in the order in which they should be adopted and are briefly summarized as follows: 1. Resolution Implementing a Reorganization Plan and Authorizing Permanent Positions in City service for FY 97 -98 This Resolution authorizes the City departments and positions to be added and eliminated by the Reorganization Plan (Sections I III). Section IV confirms the appointment of Mr. Walgren as Community Development Director, a recommendation which I take great pleasure in making given James' years of exemplary service to the City. Section V delegates certain authority to the City Manager to effectuate the Reorganization, and readopts procedures enacted last year during the initial reorganization efforts. Lastly, Section VI specifies that the operative date for the Resolution will be when the City Council approves salary ranges for new and reclassified positions through an amended MOU with SEA and LOU with SMO. 2. Resolution amending the City's Classification Plan This. Resolution amends the City's Employment Classification Plan to establish the positions of Administrative Services Director, Community Development Director, Finance Director, Public Works Director, Public Works Superintendent, and Human Resource Analyst. In addition, the Resolution abolishes the positions of Administrative Services Director, Community Environment Director, Community Development Manager, Public Works Services Manager, Public Services Assistant, Senior Engineering Technician, and Street Maintenance Specialist. Fiscal Impact Overall, the proposed Reorganization Plan should result in a net savings of $14,740 in wages from what is programmed in the adopted FY 98 -99 Budget. Follow Up Actions Layoff notices will be distributed to affected employees, and negotiations over wages for new and reclassified positions will commence with the two employee bargaining units. Consequences of Not Acting on the Recommended Motions The Resolutions will not be adopted and implementation of the Reorganization Plan will be delayed. Attachments: 1. Resolutions (2). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IMPLEMENTING A REORGANIZATION PLAN AND AUTHORIZING PERMANENT POSITIONS IN CITY SERVICE The City Council of the City of Saratoga hereby resolves as follows: I. Reorganization: The following City departments are eliminated effective with the operative date of this Resolution: Administrative Services and Community Environment. The following City departments are created effective with the operative date of this Resolution: Administrative Services, Community Development, Finance, and Public Works. Effective with the operative date of this Resolution, the organization of the City of Saratoga shall be as described and specified in the attached organizational chart. II. Elimination of Funding for City Positions Funding for the following positions is eliminated or reduced, effective with the operative date of this Resolution: POSITION FTE Administrative Services Director 1.0 Community Environment Director 1.0 Accounting Manager 1.0 Community Development Manager 1.0 Public Works Services Manager 1.0 Public Services Assistant 1.0 Senior Engineering Technician 1.0 Street Maintenance Specialist 1.0 Building Maintenance Custodian 1.0 III. Funding for City Positions The permanent positions. listed below are hereby authorized effective with the operative date of this Resolution: POSITION FTE City Manager 1.0 Deputy City Clerk 1.0 1 Office Specialist 1.0 City Manager's Office 3.0 Community Development Director Associate Planner Assistant Planner Senior Building Inspector Building Inspector Plan Check Engineer Community Services Officer Office Specialist Community Development Department Public Works Director Public Works Superintendent Associate Engineer Assistant Engineer Facility Maintenance Leadworker Street Maintenance Leadworker Street Maintenance Worker Park Maintenance Leadworker Park Maintenance Specialist Park Maintenance Worker Building Maintenance Custodian Office Specialist Administrative Services Director Administrative Analyst II Human Resources Analyst Administrative Analyst I Technology Coordinator Office Specialist Public Works Department Administrative Services Department Recreation Director Recreation Supervisor Facility Coordinator Office Specialist Recreation Department 1.0 0.75 2.0 1.0 2.0 1.0 1.0 1.0 9.75 1.0 1.0 1.0 1.0 1.0 1.0 5.0 1.0 1.0 3.0 1.0 2.0 19.0 1.0 2.9 1.0 0.5 0.5 1.0 6.9 0.9 2.0 0.6 1.75 5.25 Finance Director 1.0 Office Specialist 4.0 Finance Department 5.0 Total 48.90 0) IV. Appointment Confirmation Re: Positions In accordance with Municipal Code Section 2- 20.050 (d), the City Council hereby approves appointment of James Walgren to the position of Community Development Director, effective March 5, 1998. This position shall serve at the pleasure of the City Manager. V. Miscellaneous: The City Manager is authorized to take whatever other administrative actions are necessary or appropriate in order to effectuate this reorganization, consistent with this and other City Council resolutions relating to this reorganization, including those procedures to implement a reorganization plan prescribed in Resolution No. 85 -9.106 adopted by the City Council on June 18, 1997. VI. Operative Date This Resolution shall become operative upon the City Council's approval of 1) an amended compensation plan for miscellaneous employees or Memorandum of Understanding with the Saratoga Employees Association, and 2) amended salary ranges for management employees or a Letter of Understanding with the Saratoga Management Organization. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4"' day of March, 1998 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk 3 CITY OF SARATOGA— Proposed Organization Chart Total FTE 48.90 City Council City Manager I I City Attorney (Contract) Deputy City Clerk Office Specialist II Recreation Director (.9 FTE) Recreation Supervisors Facility Coordinator (2.0 FTE) (.6 FTE) Office Specialist II I Office Specialist I (.75 FTE) City Manager's Office Recreation Services 3.0 FTE 5.25 FTE Community Public Works Administrative Finance Development Director Services Director Director Director Associate Planner Associate En weer Public Works g Superintendent Administrative Analyst II Office Specialist II (.75 FTE) (2.9 FTE) (3.0 FTE) Assistant Engineer Street Maintenance Assistant Planner Leadworker Human Resources Office S ecialist I p (2.0 FTE) Street Maintenance Analyst Ice Specialist I Workers (5.0 FTE) Senior Building Administrative Analyst I Inspector Park Maintenance (.5 FTE) Leadworker Building Inspectors Technology (2.0 FTE) Park Maintenance Coordinator (.5 FTE) Specialist Plan Check En ineer g Park Maintenance Office Specialist I Workers (3.0 FTE) Community Service Facility Maintenance Officer Leadworker Office Specialist III Building Maintenance Custodian Office Specialist II Community Development Public Works Services Administrative Services Department Finance 9.75 FTE 19.0 FTE 6.9 FTE 5.0 FTE 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY'S CLASSIFICATION PLAN WHEREAS, Rule 3.02 of the City's Personnel Rules provides that the City Council may amend the City's Classification Plan from time to time; and WHEREAS, concurrent with the adoption of this Resolution, the City Council has adopted a Resolution Implementing a Reorganization Plan and Authorizing Permanent Positions in City Service; and WHEREAS, the reorganization plan includes the addition of new and amended classifications in the City's classification plan; and WHEREAS, the City has apprised recognized labor organizations of these amendments to the classification plan; and WHEREAS, the City Council believes that the new and amended classifications are reasonable and appropriate; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby amend its classification plan to include the following new or amended classifications, as specified in class descriptions on file with the Office of the City Manager: Administrative Services Director Community Development Director Finance Director Public Works Director Public Works Superintendent Human Resources Analyst FURTHER, BE IT RESOLVED that the City Council abolishes the following classifications: Administrative Services Director, Community Environment Director, Accounting Manager, Community Development Manager, Public Works Services Manager, Public Services Assistant, Senior Engineering Technician, and Street Maintenance Specialist. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 4` day of March, 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk 2 1, SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: March 4, 1998 ORIGINATING DEPT. City Clerk AGENDA ITEM 8E CITY MGR. DEPT. HEAD: SUBJECT: Measure G Special Election for June 1998 Primary Election Ballot MOTIONS: Council should consider the following alternative actions: (1) If the Council wishes simply to proceed with the election: S� (3) d analysis of the ballot measure; C) Take no action to prohibit rebuttals; and d) Move to direct staff to inform the applicant that Council does not intend to write a ballot argument. a) Move to adopt the resolution calling a special election; b) Move to direct the City Attorney to prepare impartial If the Council wishes to proceed with the election and modify the Measure G Implementation process a) Take actions listed in (1); b) Reconsider the policy resolution implementing Measure G and direct staff accordingly. If the Council wishes to reconsider the Measure G implementation Drocess before taking anv further action: a)3'he no action on the resolution calling a special election; b) Reconsider the policy resolution implementing Measure G and direct staff accordingly. REPORT SUMMARY: Staff has received a request to schedule an election under the provisions of Measure G in connection with property on Quito Road owned by Barry Swenson Builder. Community Development staff has determined that the project is subject to Measure G, and the applicant therefore has exercised his option to request an election prior to submitting the project for development review as allowed by the Measure G Implementation Policy adopted by the Council (see attached resolution). He has also submitted a check for $9,000 to cover the estimated cost of the election. The measure is classified as a "City Measure" under the Elections Code. Elections Code Section 9280 allows the City Council to direct the City Clerk to transmit a copy of the measure to the City Attorney to write an impartial analysis of the measure not E exceeding 500 words. The analysis would be useful to the voters; staff recommends that it be prepared. Elections Code 9282 provides for principal arguments not exceeding 300 words and allows the City Council to file an argument for or against a City measure. Staff recommends. that the Council give the applicant or another party the opportunity to write the argument in favor of the measure. If so, staff recommends that the Council announce its intentions not to write the argument and direct staff to relay that information to the applicant. The principal arguments will be due on March 9 at 5:00 p.m. and the rebuttals (if permitted- -see below) on March 19 at 5:00 p.m. Elections Code 9285 authorizes the Council to permit rebuttal arguments to be filed. Staff recommends that the Council do so. If the Council agrees, no action is required; rebuttals will be allowed because they have been allowed in recent elections. However, if the Council does not want to allow rebuttals, it must move to prohibit them on the same day on which the special election is called. Elections Code 9287 provides for the City Clerk to select the arguments to be printed, if more than one is submitted, according to an established priority. NOTE: At its adjourned meeting of February 24, members of the City Council expressed some concerns over the policy resolution implementing Measure G. If the City Council wishes to review this resolution, it should consider recommended actions (2) or (3). FISCAL IMPACTS: If actual costs of the election (including staff time) are greater than $9,000, the applicant will be billed for the difference; if less, he will be refunded the difference. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED NOTIONS: If the resolution calling the election is not adopted and received by the Registrar by March 6, the special election could not take place in June. FOLLOW UP ACTIONS: Forward resolution to County Registrar of Voters by March 6. ATTACHMENTS: 1. Resolution calling Election. 2. Resolution 96 -28 (Measure G Implementation Policy). 3. Staff Report dated May 7. 4. Measure G (full text). 5. Correspondence concerning Proposed :Election. ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING AND CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON JUNE 2, 1998; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; SPECIFYING CERTAIN PROCEDURES FOR THE ELECTION; AND PROVIDING FOR GIVING NOTICE OF ELECTION RESOLVED, by the City Council of the City of Saratoga, County of Santa Clara, State of California, as follows: 1. Pursuant to Elections Code Section 9222, a special election shall be and is hereby ordered to be held in the City of Saratoga on June 2, 1998, at which election there shall be submitted to the qualified electors of the City the following measure. City of Saratoga Measure Do the qualified electors of the City of YES Saratoga approve the following? NO Shall the General Plan of the City of Saratoga be amended by allowing an approximately 2.6 acre parcel of land located at 13686 Quito Road to be redesignated from General Plan land use designation "Residential Medium Density Single Family (M- 10/4.35 dwelling units per acre)" to land use designation "Community Facilities- Quasi- Public Facilities." 2. Pursuant to Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of Santa Clara County to make available the services of the Registrar of Voters for the purpose of performing the usual services necessary in the conduct of the special election, including the provision of election supplies and voter's pamphlets. 3. The special election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of law regulating such elections. 4. Principal arguments on the measure shall be submitted to the City Clerk by 5:00 p.m. on March 9; rebuttal arguments, if authorized by the City t M Council, shall be submitted to the City Clerk by 5:00 p.m. on March 19. 5. The City Clerk be and hereby is authorized and directed to publish a notice of the special municipal election in the manner specified in the Elections Code Section 12111. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of March, 1998, by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor Deputy City Clerk ATTACHMENT 2- RESOLUTION NO. 96 -28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICIES DETERMINING AND PROCESSING PROJECTS REQUIRING A VOTE OF THE PEOPLE UNDER THE PROVISIONS OF THE LAND USE ELEMENT OF THE GENERAL PLAN (MEASURE G IMPLEMENTATION) WHEREAS, on March 26, 1996, the voters approved a measure (Measure G) to change the text of the Land Use Element of the General Plan to require that certain amendments to said Land Use Element may only be made by a vote of the people, and WHEREAS, on April 23, 1996, the City Council did certify the results of the March 26, 1996, election and adopted a resolution incorporating the Measure G amendments into the Land Use Element, and WHEREAS, as a result of the adoption of said resolution the amendments to the Land Use Element became effective on May 3, 1996, and WHEREAS, in order to establish policies to effectively implement the change to the Land Use Element, the City Council did at a regular adjourned meeting held on May 7, 1996 and at a regular meeting held May 15, 1996, consider various proposals and recommendations for the implementation of Measure G, and WHEREAS, at the conclusion of its deliberations the City Council did on May 15, 1996, by a series of votes adopt policies relating to the implementation of Measure G. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: I. Staff is to use a two part test to determine if a project is subject to Measure G. The first part of the test is to determine if the proposed project property is currently located in one of the General Plan Land Use Designations contained in that portion of the Land Use Element of the General Plan covered by Measure G. If the property is located in one of the affected General Plan Land Use Designations then the staff will apply the second part of the test to determine if the project proposes to 1) change a General Plan Land Use Designation so that it would be subject to Measure G or, 2) increase specified densities or intensities which exceed the limits set forth in the Land Use Element of the General Plan or, 3) in the case of the Outdoor Recreation General Plan Land Use Designation, involves no recreation facilities, or involves no structures which are necessary to support the parks, or involves no structures of particular historic value. If the project proposes to either 1) change a General Plan Land Use Designation of the property so that it would be subject to Measure G, or 2) increases development density or intensity limits, except in the Outdoor Recreation General Plan Land Use Designation, Measure G would apply. If the project is in the Outdoor Recreation General Plan Land Use Designation and proposes to create facilities which are not recreational in nature, or which do not support the purposes of the park, and involves no structures of particular historic value then the project would be subject to Measure G. 2. If the staff determines a project is subject to Measure G it is to prepare a report to the applicant, at the applicant's cost, outlining the submittals required to complete applications for project review, the applicant's right to have a project considered or to have a General Plan amendment placed before the voters for consideration, the costs for such requests, and the effect approval of the amendment would have on future development of the property. 3. Applications for development which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G shall, at the option of the applicant, either proceed to election without further review, become subject to review by the Planning Commission and City Council under current procedures, or be withdrawn. 4. Administrative determinations as to a project's status under Measure G may be appealed as currently set forth in Article 15 -90 of the Municipal Code. 5. The timing of elections required by Measure G shall be determined by and the cost of the election paid for by the project applicant, such costs to be determined by the Finance Director and include all actual direct costs of the election and such indirect, general and overhead costs as may be determined appropriate by the Director of Finance in accordance with generally accepted accounting principles. 6. The provisions of Measure G allowing the City Council, under limited circumstances, to approve a redesignation of Measure G protected land use designations, (e.g., by exception) are to be considered only subsequent to the voters failing to approve an amendment to the General Plan which would remove the condition requiring an application for exception. Requests for exception shall be submitted by separate application. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 5th day of June, 1996, by the following vote: AYES: Councilmembers Burger, Moran and Wolfe NOES: None ABSENT: Councilmember Tucker and Mayor-Jacobs ATTEST: Deputy City C rk F: \memo \measureg.res SARATOGA CITY COUNCIL ATTACHMENT 3 EXECUTIVE SUMMARY NO. MEETING DATE: May 7, 1996 ORIGINATING DEPT. City Manager AGl CITY MGR. SUBJECT: Measure G Implementation Recommended Motion(s) 1. Accept the staff report. 2. Move to adopt a policy that applications for development which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, shall proceed directly to an election without further review unless withdrawn at the request of the applicant. 3. Move to confirm that administrative determinations as to a project's status under Measure G may be appealed as currently set forth in Article 15 -90 of the Municipal Code. 4. Move to adopt a policy that the timing of elections requested under Measure G be determined by and paid for by the project applicant, such costs to be determined by the Finance Director and include all actual direct costs of the election and such indirect, general and overhead costs as may be determined appropriate by the Finance Director in accordance with generally accepted accounting principles. 5. Move to adopt a policy that exceptions to Measure G are to be considered only subsequent to the voters failing to approve an amendment to the General Plan which would remove the condition requiring an application for exception. Requests for exception shall be submitted by separate application. Report Summary The report states that a simple test can determine whether a project is subject to the Measure G standard, thus requiring an election. The staff would initially conduct this test with its determination subject to appeal under Title 15 -90 of the Code. Applications which are determined to be subject to Measure G should not be processed until the voters have approved an amendment to the General Plan. Decisions related to the timing of elections for projects subject to Measure G should be made by the applicant so the applicant can present what the applicant feels is the best presentation to the voters. The applicant should pay for the cost of any election. Exceptions for housing element compliance and regulatory taking should only be considered by the City Council if the voters have rejected a proposal. separate application for exception consideration should be reqired. Fiscal Impacts ine provided full cost rec eery is approved by the City Council. The cost of an election can vary from about $4,000 to more. than $60,000 depending on the election date chosen. Advertising. Noticing and Public Contact This subject was discussed extensively at the Town Hall meeting on April 20th. SONIC has been sent a copy of the staff report and a notice of this meeting. Agenda for the meeting posted according to the law. Conseguences of Not Acting on the Recommended Motions Staff will have no guidance in the administration of projects under Measure G and will have to handle applications as it deems appropriate. Follow Up Actions The fee resolution will need to be amended to reflect charging for the cost of elections and the cost for filing a request for exception. Community Development Department staff will need to be briefed on the decisions made by the City Council. Attachments Memorandum dated May 7, 1996 MEMORANDUM DATE: May 7, 1996 TO: City Council I'll I FROM: Harry Peacock, City Manager A V-41 SUBJECT: Measure G Implementation Recommended Actions: 1. Accept the staff report. 2. Move to adopt a policy that applications for development which are determined to be subject to the election requirements of the General Plan, as set forth in Measure-G shall proceed directly..to an election without further review unless withdrawn at the request of the applicant. 3. Move to confirm that administrative determinations as to a Project's status under Measure G may be appealed as currently set forth in Article 15 -90 of the Municipal Code. 4. Move to adopt a policy that the timing of elections required by Measure G be determined by and paid for by the project applicant, such costs to be determined by the Finance Director and include all actual direct costs of the election and such indirect, general and overhead costs as may be determined appropriate by the Director of Finance in accordance with generally accepted accounting principles. S. Move to a policy that exceptions to Measure G are to be considered only subsequent to the voters failing to approve an amendment to the General Plan which would remove the condition requiring an application for exception. Requests for exception shall be submitted by separate application. Backcround: On March 26, 1996, the voters of Saratoga passed Measure G, an initiative measure, which requires that certain changes to the land U86 element of the general plan may be made only by the voters. On April 20, 1996, a Town Hall meeting was held at which the implementation of Measure G was discussed by the staff, the City Council, and the public. At that meeting the City Manager outlined Measure G Implementation Page 2 for those present the processes which he, the Community Development Director and the City Attorney concluded are appropriate for implementing Measure G. On April 23, 1996, the City Council acted to certify the results of the election and to enact a resolution placing the language of Measure G into the Land Use Element of the General Plan. As a result Measure G became effective on May 3, 1996. Discussion: Determining Application of the Measure G Standard In administering Measure G the first step is to determine whether or not an application is subject to the Measure G requirement. A two part test applies. Only certain General Plan land use categories are subject to Measure G. These are: 1. Outdoor Recreation 2. Hillside Conservation Single Family 3. Very Low Density Single Family 4. Low Density Single Family 5. Medium Density Single Family and Its Associated Subcategories of M -10, M -12.5, and M -15 6. Multi- family 7. P -D (Planned Development) Residential The first part of the test is whether the property involved is located in one of these General Plan land use designations, if it is then it is subject to the Measure G requirement. Measure G says only the voters may amend the Land Use Element of General Plan to increase specified densities or intensities for the designated land uses, or to change the land use designation from a lower to a higher designation in terms of density or intensity, except for the Outdoor Recreation land use designation. The specific densities are: 1. Hillside Conservation Single Family -no more than 0.5 dwelling units per net acre. 2. Very Low Density Single Family -no more than 1.09 dwelling units per net acre. 3. Low Density Single Family -no more than 2.18 dwelling units per net acre. 4. Medium Density Single Family M -10 -no more than 4.35 dwelling units per net acre. M- 12.5 -no more than 3.48 dwelling units per net acre. M -15 -no more than 2.90 dwelling units per net acre. Measure G Implementation Page 3 5. Multi family -no more than 14.5 dwelling units per net acre. 6. P -D (Planned Development) Residential -no more than 4.35 to 12.45 dwelling units per net acre. An exception is made for "granny flats" which, under our zoning ordinance, applies to some, but not all properties, depending on their size. The specific intensities are: 1. Hillside Conservation Single Family Maximum intensity of buildings and impervious surface coverage 15,000 square feet or 25% of site area, whichever is less. 2. Very Low Density Single Family- Maximum intensity of buildings and impervious surface coverage: 35% of site area. 3. Low Density Single Family Maximum intensity of buildings and impervious surface coverage: 45% of site area. 4. Medium Density Single Family and Its Associated Subcategories Maximum intensity of buildings and impervious surface coverage 1s: 50 -60% of site area. 5. Multi- family Maximum intensity of building coverage: 40% of site area. 6. P -D (Planned Development) Residential- Maximum intensity of building coverage: 25 -35% of site area. (Note that in the last two land use designation categories the intensity standard changes from impervious surface coverage to building coverage). The second part of the test is whether the project would result in an increase in density or intensity of General Plan land use (e.g., density of dwelling units per acre or placement of impervious surfaces or buildings beyond the coverage limits set forth in the various General Plan land use categories) if it does then it is subject to the Measure G requirement. For property under the Outdoor Recreation designation, the test to apply is whether the development being proposed, 1) changes the land use designation or 2) is consistent with the standard set forth in the Open Space Element. This standard is recited on page 4 of Measure G: "This subcategory consists of City or County parks or lands designated for those uses. Only recreational facilities (i.e. playground equipment, recreational courts, etc,), structures necessary to support the parks or structures of particular historic value are permitted in these areas. These sites are considered to be of particular value for recreational purposes. Some parks preserve significant vegetation features such as Hakone Gardens and Villa Montalvo County Park." Measure G Implementation Page 4 If it is consistent with the standard, the project is not subject to Measure G. Administration of Measure G Standard Processing Applications for Projects Upon receipt of an application the staff will determine whether the project is subject to the Measure G standard. If it is not then the application would proceed through the process. Staff currently reviews all applications for consistency with the Zoning Ordinance and the General Plan. If the application is inconsistent then it is not processed until it is consistent. This requires either a change in the plans or the securing of a change to the Zoning Ordinance and /or General Plan, or securing a variance or a conditional use permit. Under Measure G, variances or conditional use permits (which would have the effect of allowing a different standard to apply as relates to either use, density or intensity, i.e., coverage) would no longer be available. The sole remedy would be to change the General Plan through the election process. Very few applications will be subject to the Measure G standard. Currently no special notice is given that an application meets all Code and General Plan requirements, this would not change. We have considered the issue of how things are done now when someone is requesting a change to the General Plan versus how things would be done in the future. Currently, it is typical that someone seeking a change to the General Plan will also file associated applications related to the project. The reason, the applicant expects the City will grant a General Plan amendment if it likes the project. However, the City can not compel an applicant to. apply for anything more than a General Plan Amendment. Applications now travel together. This would no longer occur under Measure G unless the basic Measure G question was delayed in terms of ballot placement until the entire application process was completed. If done any other way it is possible that applications could be in mid process when an election is held on the basic question of changing the land use designation. What Measure G says is that density and intensity standards, "shall not be amended to increase such densities or intensities unless such amendment is approved by a vote of the people (emphasis added). Measure G goes on to state that land, "may be designated Measure G Implementation Page 5 to a more intensive residential land use by the City Council Pursuant to its usual procedures only if the City Council makes each of the following findings:" (emphasis added), and then discusses findings relating to housing element compliance and unconstitutional taking of property. Measure G recognizes that it no longer makes a difference (in terms of Planning Commission and City Council decision making) whether a project is approved or denied. Neither body can approve a General Plan change which would affect the status of a Measure G impacted property, that can only be done by another initiative or by the project being placed before the electorate by the City Council. Staff recommends no public hearings be conducted on a project until the issue of Measure G applicability is determined. Review would consist of a determination as to applicability only. Should the staff determine an application is subject to the Measure G standard, the applicant would be notified and given an opportunity to appeal the staff determination to the Planning Commission. The administrative appeal process is set forth in Article 15 -90 of the Code. Should the Planning Commission determine the application is subject to Measure G the applicant can either, 1) appeal. to the Council, 2) request an election or 3) withdraw the application. Should a question arise at the Planning Commission public hearing as to the determination by staff that a project is not subject to Measure G, the Commission would listen to the reasoning of the staff and the reasoning of the person making the claim. Should the Commission determine that the application is subject to Measure G, then the applicant may either 1) appeal to the Council, 2) request an election or 3) withdraw the application. What happens to the application once a decision has been made that the Measure G standard applies? The City Council should determine whether to continue -to have the application processed (at the discretion of the applicant) or whether to suspend proceedings on the application until the matter has been settled by the voters. If the process was allowed to continue any decision made on the merits of the project would have no effect on whether a project goes to the ballot. If proceedings are suspended and the voters approve the change in the land use element the proceedings would continue, if they do not the project must be withdrawn. If the proceedings continue during the time scheduled for the election it is possible that the election could take place before the proceedings have concluded either in favor or in opposition to the project, as has.been noted above. It would appear that there is no advantage to either the applicant or the City to have project review continue pending an election. Indeed, the applicant might be disadvantaged by having his or her application prejudged by the City before the voters have had their say. Measure G Implementation Page 6 Placing a Project on the Ballot Placing a project on the ballot is a decision which is made by the City Council. Options available are to either, 1) determine when a project is to go on the ballot or 2) determine to let the applicant pick when the project is to go on the ballot. In both cases it is recommended that the applicant pay the full cost of placing the project before the voters). As noted at the Town Hall meeting, the City is limited in the number of times it can amend its general plan to four times a year. This is a factor to consider when deciding whether to give the applicant the choice to choose when a project would go on the ballot. Allowing the applicant to choose could delay other general plan changes being considered by the City which have no relationship to the Land Use Element or Measure G. However, as pointed out at the Town Hall meeting, it is possible to group general plan amendments so as to avoid t:his.problem. In weighing which option to recommend to the City Council, it is my view that the likelihood of this problem occurring is extremely rare. Therefore, it would be better for the applicant to be free to chose his or her election date, as. best suits the applicants purposes, including the consideration of cost. Should the City Council determine it wishes reserve the decision for itself it has the following options: 1) determine that the measure must wait until the next general City election. These occur only in November of even numbered years. 2) determine. that the measure election. This could mean tl stand alone election or one another election being held Saratoga. This is similar placed on the ballot. can proceed as a special hat the election is either a which can be combined with which covers all voters in to the way Measure G was Remember, the applicant can always attempt to get the measure placed on the ballot through the initiative process, bypassing the application process and the determination process entirely. In this case the City would bear the cost of the election should the City Council decide not to enact the ordinance as presented by the petitioners, but rather require the matter to be determined by the voters. Dealing with 8sceptions The final issue to consider is the question of when to deal with the housing element or regulatory taking exceptions. As stated in Measure G Implementation Page 7 Measure G, the City Council can make exceptions if it makes certain findings regarding either the need to fulfill the objectives of the housing element, should the City have an approved one, or to prevent a regulatory taking of the property. In my view this decision needs to be made by the Council if, and only if, the voters reject the proposed change to the land use designation, density or intensity. If the voters approve the change then the decisions and findings do not have to be made because the outcome of the election have cured the condition. Should the voters fail to approve the proposed change to the General Plan, the applicant could then, and only then, apply for an exception, as provided in Measure G. Conclusions and Recommendations A simple test can determine whether a project is subject to the Measure G standard, thus requiring an election. Staff would initially conduct this test with its determination subject to appeal under Title 15 -90 of the Municipal Code. Applications which are determined to be subject to Measure G should not be processed until the voters have approved an amendment to the General Plan. Decisions related to the timing of elections for projects subject to Measure G should be made by the applicant so the applicant can present what the applicant feels is the best presentation to the voters. The applicant should pay for the cost of any election, including staff, indirect, administrative and overhead costs as determined by the Finance Director in accordance with generally accepted accounting principles. Exceptions for housing element compliance and regulatory taking should only be considered by the City Council if the voters have rejected a proposal. A separate application for seeking an exception should be required. ATTACHMENT 4 TO THE HONORABLE CIMK OF THE CITY OF SARATOGA: We, the undersigned, re iswed and Qualified voters of the City of Saratoga, hereby propose an ordsnaaoe to amend the City of Saratoga General Plan. we petition you to submit the same to the City Council of the City of Saratoga for its adoption without change, or for rejection and submission of the same to the voters of the City of Saratoga at a special election. In the event that the initiative petition is not sued by the number of voters requirel Elections Code section 9214 and the City Council of the City of Saratoga does not adopt the ordinance without change, we petition you to submit the ordinance to amend the City of Saratoga General Plan to the voters of the City of Saratoga at then= regular municipal election. AMENDMENT TO THE CITY GENERAL PLAN REQURING VOTE OF THE PEOPLE IN ORDER TO INTENSIFY EXISTING LAND USE DESIGNATIONS FOR ALL LANDS DESIGNATED ESIDENTIAL OR "OUTDOOR RECREATION" The people of the City of Saratoga do hereby ordain as follows: A. The protection of the character of existing low density residential neighborhoods and outdoor recreational open space areas in the City of Saratoga is of critical importance to Saratoga residents. The City was founded as a semi -rural residential community and most residents moved here because of this distinctive feature. Saratoga remains unique among South Bay cities because of its country atmosphere and open space areas, its majestic trees, an unusually low crime rate, and quiet neighborhoods free of or only minimally affected by retail, commercial and off ee development. par iof16 B. In recent years, however, the very attributes that make Saratoga so desirable have become threatmed.. The City Council is under strong and unceasing pressure from developers to convert residential and open space lands to retail commercial or high density residential developments. Proposals for more intensive development in residential neighborhoods are now regularly before the Chy, almost certainly some of these well be granted. C. The opening of the Route 85 freeway through Saratoga -may also dramatically increase development presacrer in Saratoga. Nearly opened freeway corridors typically undergo an i�ea�ificetion of commercial, industrial and high density residential development. D. The unique character and quality of life of City residents depend on the protection of Saratoga's residential neighborhoods and recreational open space areas. This initiative, if approved by the voters, will p imde this assurance by giving greater stability to the City's General Plan, spacfying that general Plan provisions essential to the protection of the residential and recreational open space areas in the City can be amended or repealed only by the voters of-the City of Saratoga. In particular, the initiative requires, with certain exceptions, a vote of the people to permit: (1) the redesignation of resideatial lands to commercial, industrial or other land use designations, (2) an increase of densities. or intensities of residential land use, or (3) the rod in, ignation of recreational open space lands to other land use designations. This initiative does not affect the City's casting regulations that authorise the creation of second dwelling units. Nor does the initiative interfere with the City's obligation under state law to revise the Housing Element of the General Plan every five years. E. The Land Use Element of the City of Saratoga General Plan, adopted May 4. IM as amended through August 7, 1995 (herexnaft, "City's Land Use Element sets forth policies that protect the character of Saratoga's readentW neighborhoods, including the following: Pap 2of10 'Z,U.8.0 Affirm that the City shall continue to be predominantly a community of single family detached residences. LU.8:17 Faostiu4B non-developed sites zoned single-family detached residential should remain so designated." This initiative saves to fiutbw the propose rmderlymg the foregomg policies. F. The Cat's Land Use Element establishes development standards for residential land use in sic subcategories (using the term "DU" to refer to dwelling units), as follows: "A. Hillside Conservation Single Family Maximum density of .5 DU/net acre or 1.55 peoplelac ee. Maximum intensity of building and impervious surface coverage: 15,000 square feet or 25% of site area, whichever is less. B. Very Low Density Single Family Maximum density of 1.09 DU/net acre or 3.38 people/acre. Ma dmum intensity of budding and impervious surface coverage: 35% of site area C. Low Density Single Family Maximum density of 2.18 DU /net acre or 6.76 people/acre. Maximum intensity of buildng and impervious surface coverage: 45% of site area. D. Medium Density Single Family 1. M-10 ma)amiun density of 4.35 DU/net acre or 13.5 people/acre. 2. M-12,5 maximum density of 3.48 DU/net acre or 10.8 people /acre. 3. M-15 mwdmnum density of 2.90 DU/net acre or 9.0 people/acre. In all uses above, the maxonnrrn intensity of building and impervious surface coverage is: Me- 60' /o of site area. E. Multi-bm* Maximum density of 14.5 DU/net in or 2745 peopl%ee. Mwomum intensity of building coverage: 40' /o of site area. F. P -D (Planned DeMopmeat) Residential 4.35 to 12.45 DU/net acne or 13.5 to 38.6 peopldacre. Maximum intensity ofbuilding coverage: 25% 35 of site area. All projects proposed on sites with this designation shall require use permit approval as provide for in Article 16 of the zoning ordinance. Pap 3df0 It should be noted that any discussion of the number of people per acre is meant to act as a limit to family size or maximum number of people that would be permitted to live on a site. The population densities given are meant only to act as a guide to the average number of people hIWy to occupy a given area." G. The Open Space Element of the Saratoga General Plan declares that the City should, where possible, improve the adsting inventory of local public park and recreation i>cilities. In the face of increasing development pressures within the City, it is essential that the City, at a mimmum aff rm its intention to mm min its existing recreational open space resources. The City's Open Space Element sets forth policies that call for the protection of SaratogWs outdoor recreation open space lands, inhaling the followbW "Preserve, through a variety of methods, as mach as possible of the open space areas dmnl)ed in the Open Space Element for visual greenbelts, conservation and management of environmental resources, public heahh and safely protection and for rec i onal use." Further, the C y's Land Use Element establishes devdopmeat standards for the outdoor recreation open space subcategory of open apace lands as follows: "Outdoor recreation This subcategory consists of City or County parks or lands designated for those uses. Only recreational f to ities (.e. playground equipment, recreational courts, etc.), structures necessary to support the parks or structures of particular historic value are permitted in these areas. These sites are considered to be of particular value for recreational purposes. Some parks preserve significant vegetation A such as Hakone Gardens and Villa Montalvo County Park." This initiative serves to finther the purpose underlying the foregoing policies. K The purpose of this initiative a to ensure that residential lands are not uaeneessadly converted to higher density residential, comm==1 or industrial land use designations and to protect the City's existing recreational open space resourcxs. Accordingly, the initiative ensures that until December 31, 2025, the foregoing provisions of the Citys Land Use Element governing building densities and intensities on residential lands may not be changed Pap 4 of 10 except by vote of the people to increase the maximum densities and intensities stated. In addition, the initiative provides that any lands designated as 'ode Conservation Single Family," "Very Low Density Single Family," %aw Density ShWe Family," "Medium Density Single Family," %Iulti- Family," "P -D (Planned Development)," or "Outdoor Recreation" by the Citys Coal Plan and amendments tberew through August 7, 1995 will remain so designated until December 31, 2025 unless the land is redesigned by the City.Councd pursuant to-the procedures set forth in this initiative. or redesignated to another land use category by vote of the people. A This Initiative hereby reaffirms and readopts, until December 31, 2025, the provisions of the Land Use IIemeat of the City of Saratoga General Plan adopted in 1983 as. amended through August 7, 1995 specifying ma>omnm densities and intensities of uses permitted in the City's residential subcategories, which provisions are set forth in their entirety in finding F of Section 1 of the initiative. In addition, the initiative hereby reaffirms and readopts, until- December 31, 2025, the 'Side Conservation Single Family," "Very Low Density Single Family," wLow Density Single Family," "Medium Density Single Family," "Multi- Family," and "P- D (Planned Development)" designations ofthe City of Saratoga General Plan and amendments thereto through August 7, 1995. Further, the following text is added as the last paragraph of the "Residential" section of the City of Saratoga General Plan Land Use Element adopted in 1983 as amended through August 7, 1995, at page 3-2: "Limitations on General Phis Amendments Rdating to 'Residential' Iatads. 1. Until December 31,• 2025, the foregoing provisions governing ma>omum building density and intensity for lands designated "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Pane 5 of 10 Family,' We&= Density Single Family," "Multi- Family," and "P -D (Planned Development)" shall not be amended to increase such densities or intensities unless such amendment is approved by vote of the people. 2. All lands designated "Hillside Conservation Single Family," "Very Low Density Single Family," %ow Density Single Family," Medium Density Single Family," Muni- Family," or'P D (Planned Development)" by the City of Saratoga General Plan and amendments thereto through August 7, 1995 shall remain so designated until December 31, 2025, unless said land is redesignated to another general plan land use category by vote of the people, or redesignated by the City Council pursuant to the procedures set forth in subsections 3 and 4 below. 3. Except as provided in subsection 4 below, land designated by the City of Saratoga General Plan as "Hillside Conservation Single Family," Way Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," 'Multi- Family," or "P -D (Planned Development)" maybe redesignated to a more intensive residential land use by the City Council pursuant to its usual procedures only if the City Council makes each of the following findings: a. The proposed redesignation is essential for the Housing Element to be in substantial compliance with state law, and no other feasible redesigostiion (mchiding, but not limited to, redesignation of lands designated for non residential uses) or measures other than the proposed redesignation are available to achieve such compliance that would involve less intensive use of the land to be redesignated; and Pap 6 of 19 b. The Housing Element of the City's General Plan is in substantial compliance with state law, and the state Department of Housing and Community Development has found such compliance. 4. band designated by the City of Saratoga General Plan as "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single.Family "Multi Family," or 7 P -D (Planned Development)" may be redesignated to another land use category by the City Council if each of the following conditions are satisfied: a The City Cannel maims a £ending that the application of subsection 2 of this policy on limitations on General Plan Amendments Relating to Residential' T ands" would constitute as unconstitutional taiang of the landowner's property, and b. In permitting redesigaabion, the City Council allows additional land uses only to the minimum extent necessary to avoid said unconstitutional taldng of the landowner's property, and protects to the maudmuum extent possible the character of immediately surrounding residential neighborhoods." B. This Initiative hereby rrssft= and readopts, until December 31, 2025, the "Outdoor Ranabon" designations of the City of Saratoga General Plan and amendments thereto through August 7, 1995. Further, the following text is added as Paragraph G of the "Open Space" section of the City of Saratoga General Plan Land Use El®ent Pa=t 7 of 10 adopted in 1983 as amended through August 7, 1995, at page 3-4: "I�mitationa on General Plan Amendments Relating to 'Outdoor Recreation lands. All lands designated "Outdoor Recreation" by the City of Saratoga Genera Plan and amendments thereto through August 7, 1995 shall remain so designated until December 31,2M5, unless said land is redesignated to another general plan lead use category by vote of the people, or redesignated by the City Council pursuant to the procedures set forth in subsections 2 and 3 below. 2. Except as provided in subsection 3 below, land designated "Outdoor Recreation" by the City of Saratoga General Plan and amendments thereto through August 7, 1995 may be redesignated to residential land use by the City Council pursuant to its usual procedures only if the City makes each of the following findings: L The proposed amendment is essential for the Housing Element to be in substantial compliance with State law, and no other feasible designation (mcludmg, but not limited to, redesignation of lands designated for non residential uses) or measures other than the Pi oposed redesignation are available to achieve such compliance that would involve a less intensive land use of the land to be redesignated; and b. The Housing Element of the Cit3es General plan is in substantial compliance with state law, and the state Department of Housing and Community Development has found such substantial Iiie O Pap a di o 3. Land designated by the City of Saratoga General Plan as "Outdoor Recreation" may be redesignated to another land use category by the City Council if each of the following conditions are satisfied: L The City Council makes a finding that the application of subsection 1 of this policy on 11mitations on General Plan Amendments Relating to `Outdoor Recreation! Lauds" would constitute an rmconstitutional taking of the landowneewproperty; and b. In permitting ron, the City Council allows additional land uses only to the miniamrm aim necessary to avoid said rmconstitudonal talons of the landowneds property, and protects to the mmmum cleat possible the character of the immediately surr'otnrdiRB residential neighborhoods." A. Upon the effective date of this initiative, the provisions of Section 2 of the initiative are inserted into the Land Use IIement of the City of Saratoga General Plan as an amen dment thereof amept that if the four a of the mandatory dements of the general plan permitted by state law for any given calendar year have aheady been utilized in 1996 prior to the effective date of this initiative, this general play amendment shall be the first amendment inserted in the City's General Plan on January 1, 1997. At such time as this general plan amendment is inserted in the City General Plan, any provisions of the City Zoning Ordnance, as reflected in the ordinance itself or the Cily of Saratoga ?.onieg Map, inoonsistent with that amendment shall not be enforced to the ectmt of the inconsistency. B. The provisions of this initiative and the terms it adds to the ChYs General Plan shall supersede any conflicting provisions of the Cmeral Plan and Zoning Ordinance that may be enacted by the City Council between the date this initiative is filed with the City and the effective Pap 9 arse date of the initiative. Upon the effective date of the initiative, aD general plan amendments, rezonings, specific plans, tentative or final aMivision maps, conditional use permits, building permits and other ministerial and discretionary entitlements for use not yet approved or issued shall be approved or issued only if consistent with the policies and provisions of this initiative. This initiative shall not apply to any development project which has obtained as of the effective date of the initiative a vested right pursuant to state law. If any portion of this initiative is declared invalid by a court, the remaining portions are to be considered valid. This initiative may be amended or repealed only by the voters of the City of Saratoga at a City election. 82y 1 3 S 1(os&4 op. Saratoga, CIE 9s070 E.Im-es Shaw 8• ay 95 B :Lti -4 #//o C harm) Gds l�1ay I C) J cAF Qso�o Page 10 at 10 ATTACHMENT 5 09UT o0 0&MZ52�1VQ)Q 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200 COUNCIL MEMBERS February 13, 1998 Jean -Paul d'Elia Barry Swenson Builder 701 North First St. San Jose CA 95112 Dear Mr. d'Elia: Stan Bogosian Paul E. Jacobs Gillian Moran Jim Shaw Donald L. Wolte Thank you for your letter dated February 10 concerning a Measure G election. We will be able to place this measure on the ballot of June 2, 1998, if we receive payment for the election by February 20. My estimate of the charges is $9,000.00. Please submit to me a check in this amount made out "City of Saratoga" by February 20. We are unable to 'determine the exact costs of the election until we receive the bill from the Registrar. That will probably be in late June or early July. If the actual cost is more, we will bill you for the difference. If less, we will issue you a refund. There are no other specific requirements, but we may need to discuss the exact wording of the measure with you at a later time. For your information, the question that will be on the ballot is whether the General Plan will be amended to allow for consideration of this project. If the voters approve the General ,Plan amendment, the project will still have to proceed through the normal review process. There is no guarantee that the project will be approved. Please let me know if you have any questions. Sincerely, I 4_"" Grace E. Cory Deputy City Clerk cc: City Manager City Attorney PfV !P? 1, pn recvc1eC paDB: a� oQRRV SW February 10, 1998 Betsy Cory City Clerk City of Saratoga 13777 Fruitdale Ave. Saratoga, CA 95070 RE: June Vote Measure G Dear Betsy: BUILDE 1 This letter is in response to a letter from James Walgren dated February 6, 1998, stating that Barry Swenson Builders proposed senior assisted living project located at 13686 Quito Road is subject to Measure G. At this time we would like to formally submit to you our request to be placed on the June 2, 1998 ballot. In addition to our request to be placed on the June ballot, we would like to obtain the following items, so we may proceed with this process: A schedule of fees An agenda of submittal requirements Any other such necessary items Thank you for your assistance in this matter. If you have any questions, please fell free to call me at any time. My direct phone number is (408) 938 -6303. Sincerely, Je Elia S nson Builder cc: Chris Mahoney 09UT go 0&MZUQX5ek 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868- 1200 COUNCIL MEMBERS February 6, 1998 Jean -Paul d'Elia BARRY SWENSON BUILDERS 710 North First Street San Jose, CA 95112 Re: Measure G Determination Dear Mr. d'Elia: Stan Bogosian Paul E. Jacobs Gillian Moran Jim Shaw Donald L Wolfe This is in response to your letter dated January 7, 1998 regarding the applicability, and requirements of, Measure G to a proposed assisted senior living project located at 13686 Quito Road, at the southeast intersection of Quito Rd. and Highway 85. Based on the information and project description contained in your attached letter, it is my determination that the proposal would be subject to the provisions of Measure G. My decision is based on the following: The proposal for 80 to 120 senior residential dwelling units on this 2.6 acre parcel is a substantial increase in intensity and density of development from the maximum permitted density of 11 dwelling units per the existing M -10 (Residential- Medium Density/4.35 dwelling units per acre) General Plan land use designation. The residential units constitute independent dwellings and would therefore be considered a multiple family residential development. Though Saratoga's Zoning Ordinance permits senior housing /multiple family developments in single family zoning districts, through the granting of a Conditional Use Permit, the General Plan designation for the property would need to be changed from Residential- Medium Density to Quasi Public Facility to allow this density. Measure G was adopted specifically to address potential increases in land use density and General Plan designation amendments to accommodate such density increases. Per Resolution No. 96-28 adopted by the Saratoga City Council on June 5, 1996, administrative determinations as to a project's status under Measure G may be appealed as currently set forth in Article 15- 90 of the Municipal Code. You also have the option to either proceed to election without further review or to be subject to review by the Planning Commission and City Council under current procedures. Please be advised that you must submit a request in writing to the City Clerk of either an election or processing of the application first. Printed on recycled paper Measure GDeteanina6on Page Two Your letter also describes a potential three -story structure, which you note may have to be modified based on Saratoga's zoning regulations. A two -story structure of 26 ft. in height is the ma)amum permitted in Saratoga's residential zoning districts. The height restriction may be modified through the Conditional Use Permit process, but the story restriction may not. If you have any additional questions regarding this matter, please do not hesitate to call me at (408) 868. 1232. You should contact Betsy Cory at (408) 868 -1269 regarding election submittal requirements and costs. Sincerely, mes Walgren, AICP Community Development Manager cc: Mayor and City Council Lary Perlin, City Manager Michael Riback, City Attorney Betsy Cory, Deputy City Clerk enc. I t SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: March 4,1998 ORIGINATING DEPT.: City Manager's Office AGENDA ITEM V s CITY MANAGER SUBJECT: Agreement for Professional Services: Interim Finance Director Recommended Motion(s) Approve the proposed agreement (attached) with Oliver L. Wright, CPA, to serve as Interim Finance Director. Report Summary As the City moves into the second phase of its reorganization, and pending the completion of the recruitment and selection process for a permanent Finance Director, it is necessary to retain the services of an interim Finance Director to provide close oversight of the Finance Department's operations. Staff is requesting City Council's approval of an agreement with Oliver Wright, CPA, in order to secure these interim services. Background: Over the past few weeks, the City Manager and Interim Assistant City Manager jointly interviewed candidates who might offer the expertise to assist the City by providing these key interim financial oversight services. While each candidate presented fine credentials, either the organizational fit was less than ideal or the contractual rate was higher than the City preferred to pay. On Tuesday, February 24, 1998, an interview was conducted with Oliver Wright, who struck both interviewers as a very well- qualified professional who would satisfy the needs of the organization at this point in time. Discussion: As reflected in Oliver Wright's resume (attached), his professional experience is interestingly varied with solid grounding in fiscal and information system arenas. He currently works for the West Valley Sanitation District on a part time basis, so his availability to the City of Saratoga is immediate. Mr. Wright is prepared to work for the City three to four days a week, which dovetails nicely with the part time accountant's services currently provided by the City's auditor, Maze Associates. Mr. Wright's hourly rate is proposed to be $65 per hour. He does not plan to apply for the position on a permanent, full time basis. Fiscal Impacts: If Mr. Wright is retained through the end of June 1998 (which would allow some time for transition work with the permanent Director), his fees should not exceed $35,000. Follow Up Action(s): Execute the agreement with Oliver L. Wright, CPA. Consequences of Not Acting on Recommended Motion(s): The Finance Department would lack day to day guidance and therefore operate under less than optimal conditions. In addition, the backlog of year -end and daily technical work would become more difficult to tackle, and finally, the quality of preparation for upcoming budget and annual audit processes would be diminished. Attachment(s): Proposed Agreement Between City of Saratoga and Oliver L. Wright, CPA Resume for Oliver L. Wright, CPA 2 f f.' AGREEMENT BETWEEN CITY OF SARATOGA AND OLIVER L. WRIGHT, CPA FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT MADE AS OF 19 BETWEEN CITY OF SARATOGA (hereinafter referred to as City), and OLIVER L. WRIGHT, CPA (hereinafter referred to as Consultant). The parties agree as follows: ARTICLE 1 DUTIES Consultant agrees to exercise special skill to accomplish the following results: 1.1 Assistance in posting and maintaining the City's accounting records and preparing related financial reports. 1.2 Assistance in computer matters related to the City's financial records. 1.3 Assistance in preparation for the annual audit by independent certified public accountants. 1.4 Preparation of the City's Annual Report of Financial Transactions to the State Controller. 1.5 Assistance in preparation and update of the City's budget. 1.6 Other accounting related activities as requested by the City Manager or his /her disignee. 1 I ARTICLE 2 COMPENSATION In consideration for Consultant accomplishing said duties, City agrees as follows: 2.1 A rate of $65.00 an hour plus cost of materials needed to accomplish said duties. 2.2 The hourly rate may be increased on the anniversary date of the contract by the lesser of the annual cost of living increase (based upon the Urban Wage Earners April -April CPI Index for San Francisco Oakland -San Jose) or 5 upon approval of the City Manager. 2.3 Consultant shall submit statements for services rendered. City will make prompt payments within 30 calendar days in' response to Consultant's statements. ARTICLE 3 TERM 3.1 The term of this contract shall be from date of execution until termination by either party in accordance with Article 13. ARTICLE 4 CITY'S RESPONSIBILITIES City will do the following in a timely manner so as not to delay the services of Consultant. 4.1 Provide Consultant a suitable workspace and area to store accounting records. 4.2 Furnish to Consultant all financial records necessary to accomplish duties. 4.3 Arrange for access and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform services hereunder. 4.4 Provide routine accounting related clerical assistance to Consultant. 4.5 Bear all costs incident to compliance with the requirements of this section. 2 ARTICLE 5 STANDARD OF CARE 5.1 Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a professional consultant under similar circumstance and Consultant shall, at no cost to City, re- perform services which fail to satisfy the foregoing standard of care. ARTICLE 6 SUBCONTRACTING 6.1 No subcontract shall be awarded by Consultant until prior written approval is obtained from the City. ARTICLE 7 OWNERSHIP OF DOCUMENTS 7.1 All work products, data, reports, files, estimate and other such information and materials (except proprietary computer programs, including source codes purchased or developed with Consultant monies) as may be accumulated by Consultant to complete services under this Agreement shall be owned by the City. 7.2 Consultant may maintain custody of working papers, data, and analysis related to this contract. Contractor shall make access thereto available to the City at all reasonable times the City may request. City may make and retain copies for information and reference. ARTICLE 8 RECORDS OF LABOR AND COSTS 8.1 Consultant shall maintain records of labor and costs used in claims for compensation under this Agreement. Records shall mean a contemporaneous record of time for personnel; a methodology and calculation of the Multiplier for fringe benefits and indirect costs; and invoices, time sheets, or other factors used as a basis for determining other nonlabor charges. These records must be made available to the City upon reasonable notice of no more than 48 hours during the period of the performance of this Agreement. 8.2 Consultant's records of all costs used in claims for compensation under this Agreement shall be available to City's accountants and auditors for inspection and verification. These records will be maintained by Consultant and made reasonably accessible to the City for a period of three (3) years after the period of performance. 3 J ARTICLE 9 INDEPENDENT CONTRACTOR Consultant undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. City will have no right to supervise the methods used, but City will have right to observe such performance. Consultant shall work closely with City in performing Services under this Agreement. ARTICLE 10 LIABILITY AND INDEMNIFICATION 10.1 Having considered the risks and potential liabilities that may exist during the performance of the Services, and in consideration of the promises included herein, City and Consultant agree to allocate such liabilities in accordance with this Article 12. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 10.2 Consultant shall indemnify and save harmless and defend the City and all of their agents, officers, and employees from and against all claims, demands, or cause of action of every name and nature arising out of negligent error, omission, or act of Consultant, its agents, servants, or employees in the performance of its services under this Agreement. 10.3 In the event an action for damages is filed in which negligence is alleged on the part of City and Consultant, Consultant agrees to defend City. In the event City accepts Consultant's defense, City agrees to indemnify and reimburse Consultant on a pro rata basis for all expenses of defense and any judgement or amount paid by Consultant in resolution of such claim. Such Piro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 10.4 Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 10.5 Upon completion of all services, obligations and duties provided for in the Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. 4 I ARTICLE 11 COMPLIANCE WITH LAWS In performance of the Services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Consultant shall procure the permits, certificates, and licenses necessary to allow Consultant to perform the Services. ARTICLE 12 NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all reports, studies, calculations, specifications, and other documents resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish of disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of City or in response to legal process. ARTICLE 13 TERMINATION OF CONTRACT 13.1 The obligation to continue Services under this Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 13.2 City shall have the right to terminate this Agreement or suspend performance thereof for City's convenience upon written notice to Consultant, and Consultant shall terminate or suspend performance of Services on a schedule acceptable to City. In the event of termination of suspension for City's convenience, City will pay Consultant for all services performed and costs incurred including termination or suspension expenses. Upon restart of a suspended project, equitable adjustment shall be made to Consultant's compensation. 13.3 Consultant shall have the right to terminate this agreement upon adequate written notice to the City. In the event of termination under this subsection, Consultant agrees to complete any current projects and assist in the transition to City staff or other parties designated by the City. ARTICLE 14 UNCONTROLLABLE FORCES 14.1 Neither City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its 5 obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Consultant or City to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. The Consultant will be allowed reasonable negotiated extension of time or adjustments for City initiated temporary stoppage of services. ARTICLE 15 MISCELLANEOUS 15.1 A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 15.2 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way effect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. C I ARTICLE 16 INTEGRATION AND MODIFICATION 16.1 This Agreement (consisting of pages 1 to 8), together with all Task Orders executed by the undersigned, is adopted by City and Consultant as a complete and exclusive statement of the terms of the Agreement between City and Consultant. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the City and Consultant pertaining to the services, whether written or oral. 16.2 The Agreement may not be modified unless such modifications are evidenced in writing signed by both City and Consultant. ARTICLE 17 SUCCESSORS AND ASSIGNS 17.1 City and Consultant each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 17.2 Neither City nor Consultant shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent consultant from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him /her in the performance of the Services hereunder and in accordance with Article 6. 17.3 Nothing herein shall be construed to give any rights or benefits to anyone other than City and Consultant. ARTICLE 18 EXCEPTIONS None. 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF SARATOGA 0 OLIVER L. WRIGHT, CPA By: Oliver L. Wright, CPA Date: Date: I.1Z 6 -98 CITY OF SARATOGA LEGAL COUNSEL Date: s MINUTES l SARATOGA CITY COUNCIL A TIME: Wednesday, February 18, 1998 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting SPECIAL MEETING Reception to unveil new photographs of City Council 6:30 p.m. City Manager's Office REGULAR MEETING 7:35 Pledge of Allegiance Led by Councilmember Jacobs. 1. ROLL CALL Councilmembers Jacobs, Moran, Shaw and Mayor Wolfe were present. Councilmember Bogosian was absent. Staff members present were City Manager Perlin, City Attorney Riback, and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Resolution congratulating Santa Clara Valley Water District on Thirty Years of service MORAN /JACOBS MOVED TO ADOPT THE RESOLUTION. Passed 4 -0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 13. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS None. B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS 1) Letter from Marlene Duffin, Good Government Group, suggesting change in City Council agenda There was consensus to add "Report from City Manager" to the March 4 agenda after City Council Items. At the discretion of the City Manager, it will be included on a regular basis if timing is not a problem. 5. CONSENT CALENDAR A. Previously Discussed Items None. B. New Items 1) Planning Commission Actions, 2/11 Note and file. 2) Youth Commission Minutes, 1/5 Note and file. 3) Library Commission Minutes, 11/2 Note and file. 4) Finance Commission Minutes, 1/12 Note and file. 5) Actions concerning Massage Establishments and Massagists a) Massage Ordinance 71-173 (second reading and adoption by title only, waiving further reading) b) Resolution 97 -28.2 amending Fee Resolution 6) Memo Authorising Publicity for Upcoming Hearings No City Council Minutes 2 February 18, 1998 hearings scheduled for March 4. 7) Approval of Check Register JACOBS MORAN MOVED TO APPROVE THE CONSENT CALENDAR. Passed 4 -0. C. CLAIMS AGAINST THE CITY 1) Claim of Carlo concerning fall at Hakone Gardens MORAN /SHAW MOVED TO REJECT THE CLAIM. Passed 4 -0. 6. PUBLIC HEARINGS None. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 7. OLD BUSINESS None. 8. NEW BUSINESS None. r 9. ROUTINE MATTERS A. Approval of Minutes 2/4; 2/10 JACOBS /SHAW MOVED TO APPROVE THE MINUTES OF 2/4. Passed 4 -0. JACOBS /SHAW MOVED TO APPROVE THE MINUTES OF 2/10. Passed 4 -0. 10. CITY COUNCIL ITEMS A. Agenda items for joint meeting with Planning Commission and Heritage Commission February 24 In addition to suggested items, City Manager announced that Consultant Judi Sweet would discuss items for the Council retreat scheduled for March 14. Also added were Zoning Ordinance Amendments, Adult Entertainment Ordinance, Long Range Planning and Recreation Cost Recovery. B. Other None. 11. ADJOURNMENT At 7:45 p.m. the meeting was: adjourned to closed session in Administration Conference Room pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Name of case: San Francisco Baykeepers v. Saratoga 12. RECONVENE At 8:10 p.m. the Mayor reconvened the meeting to open session for Mayor's Report on Closed Session. Mayor Wolfe reported that no actions had been taken. 13. ADJOURNMENT At 8:12 p.m. the meeting was adjourned to 7:00 p.m. on Tuesday, February 24, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Grace E. Cory Deputy City Clerk 'W 6,13q SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: March 4, 1998 ORIGINATING DEPT.: City Manager's Office AGENDA ITEM CITY MANAGER y SUBJECT: Resolutions Implementing Reorganization Plan Recommended Motion(s) 1. Move to adopt the Resolution Implementing a Reorganization Plan and Authorizing Permanent Positions in City service. 2. Move to adopt the Resolution amending the City's Classification Plan. Report Summary Pursuant to Council's direction provided at the February 10 Adjourned Meeting, staff has drafted the attached Resolutions for Council's approval to implement the proposed Reorganization Plan. The Resolutions are listed in the order in which they should be adopted and are briefly summarized as follows: 1. Resolution Implementing a Reorganization Plan and Authorizing Permanent Positions in City service for FY 97 -98 This Resolution authorizes the City departments and positions to be added and eliminated by the Reorganization Plan (Sections I III). Section IV confirms the appointment of Mr. Walgren as Community Development Director, a recommendation which I take great pleasure in making given James' years of exemplary service to the City. Section V delegates certain authority to the City Manager to effectuate the Reorganization, and readopts procedures enacted last year during the initial reorganization efforts. Lastly, Section VI specifies that the operative date for the Resolution will be when the City Council approves salary ranges for new and reclassified positions through an amended MOU with SEA and LOU with SMO. 2. Resolution amending the City's Classification Plan This Resolution amends the City's Employment Classification Plan to establish the positions of Administrative Services Director, Community Development Director, Finance Director, Public Works Director, Public Works Superintendent, and Human Resource Analyst. In addition, the Resolution abolishes the positions of Administrative Services Director, Community Environment Director, Community Development Manager, Public Works Services Manager, Public Services Assistant, Senior Engineering Technician, and Street Maintenance Specialist. Fiscal Impact Overall, the proposed Reorganization Plan should result in a net savings of $1 4,740 in wages from what is programmed in the adopted FY 98 -99 Budget. Follow Up Actions Layoff notices will be distributed to affected employees, and negotiations over wages for new and reclassified positions will commence with the two employee bargaining units. Consequences of Not Acting on the Recommended Motions The Resolutions will not be adopted and implementation of the Reorganization Plan will be delayed. Attachments: 1. Resolutions (2). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IMPLEMENTING A REORGANIZATION PLAN AND AUTHORIZING PERMANENT POSITIONS IN CITY SERVICE The City Council of the City of Saratoga hereby resolves as follows: I. Reorganization: The following City departments are eliminated effective with the operative date of this Resolution: Administrative Services and Community Environment. The following City departments are created effective with the operative date of this Resolution: Administrative Services, Community Development, Finance, and Public Works. Effective with the operative date of this Resolution, the organization of the City of Saratoga shall be as described and specified in the attached organizational chart. II. Elimination of Funding for City Positions Funding for the following positions is eliminated or reduced, effective with the operative date of this Resolution: POSITION FTE Administrative Services Director 1.0 Community Environment Director 1.0 Accounting Manager 1.0 Community Development Manager 1.0 Public Works Services Manager 1.0 Public Services Assistant 1.0 Senior Engineering Technician 1.0 Street Maintenance Specialist 1.0 Building Maintenance Custodian 1.0 III. Funding for City Positions The permanent positions listed below are hereby authorized effective with the operative date of this Resolution: POSITION FTE City Manager 1.0 Deputy City Clerk 1.0 1 Office Specialist 1.0 City Manager's Office 3.0 Community Development Director Associate Planner Assistant Planner Senior Building Inspector Building Inspector Plan Check Engineer Community Services Officer Office Specialist Community Development Department Public Works Director Public Works Superintendent Associate Engineer Assistant Engineer Facility Maintenance Leadworker Street Maintenance Leadworker Street Maintenance Worker Park Maintenance Leadworker Park Maintenance Specialist Park Maintenance Worker Building Maintenance Custodian Office Specialist Administrative Services Director Administrative Analyst II Human Resources Analyst Administrative Analyst I Technology Coordinator Office Specialist Public Works Department Administrative Services Department Recreation Director Recreation Supervisor Facility Coordinator Office Specialist Recreation Department 1.0 0.75 2.0 1.0 2.0 1.0 1.0 1.0 9.75 1.0 1.0 1.0 1.0 1.0 1.0 5.0 1.0 1.0 3.0 1.0 2.0 19.0 1.0 2.9 1.0 0.5 0.5 1.0 6.9 0.9 2.0 0.6 1.75 5.25 Finance Director 1.0 Office Specialist 4.0 Finance Department 5.0 Total 48.90 2 IV. Appointment Confirmation Re: Positions In accordance with Municipal Code Section 2- 20.050 (d), the City Council hereby approves appointment of James Walgren to the position of Community Development Director, effective March 5, 1998. This position shall serve at the pleasure of the City Manager. V. Miscellaneous: The City Manager is authorized to take whatever other administrative actions are necessary or appropriate in order to effectuate this reorganization, consistent with this and other City Council resolutions relating to this reorganization, including those procedures to implement a reorganization plan prescribed in Resolution No. 85 -9.106 adopted by the City Council on June 18, 1997. VI. Operative Date This Resolution shall become operative upon the City Council's approval of 1) an amended compensation plan for miscellaneous employees or Memorandum of Understanding with the Saratoga Employees Association, and 2) amended salary ranges for management employees or a Letter of Understanding with the Saratoga Management Organization. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4' day of March, 1998 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk 3 CITY OF SAR�TOGA— Proposed Organization Chart Total FTE 48.90 City Council City Manager City Attorney (Contract) Deputy City Clerk Office Specialist 11 Recreation Community Public Works Administrative Finance Director Development Director Services Director Director (.9 FTE) Director Public Works Associate Planner Superintendent Administrative Analyst 11 Office Specialist II Recreation Supervisors Facility Coordinator (75 FTE) FTE) (3.0 FTE) (2.0 FTE) (.6 FTE) Street Maintenance Leadworker Assistan t Planner Human Resources Office Specialist I Office Specialist II Office Specialist I (2.0 FTE) Analyst (.75 FTE) Office Specialist I Street Maintenance Workers (5.0 FTE) Senior Building Administrative Analyst I Inspector Park Maintenance (.5 FTE) Leadworker Building Inspectors I Technology (2.0 FTE) Park Maintenance Coordinator (.5 FTE) Specialist Plan Check En ineer Office Specialist I g Park Mai e ntnance Workers (3.0 FTE) Community Service Facility Maintenance Officer Leadworker Office Specialist III Building Maintenance Custodian Office Specialist II City Manager's Community Office Recreation Services Administrative Development Finance 3.0 FTE 5.25 FTE Public Works Services Services Department 5.0 FTE 9.75 FTE 19.0 FTE 6.9 FTE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY'S CLASSIFICATION PLAN WHEREAS, Rule 3.02 of the City's Personnel Rules provides that the City Council may amend the City's Classification Plan from time to time; and WHEREAS, concurrent with the adoption of this Resolution, the City Council has adopted a Resolution Implementing a Reorganization Plan and Authorizing Permanent Positions in City Service; and WHEREAS, the reorganization plan includes the addition of new and amended classifications in the City's classification plan; and WHEREAS, the City has apprised recognized labor organizations of these amendments to the classification plan; and WHEREAS, the City Council believes that the new and amended classifications are reasonable and appropriate; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby amend its classification plan to include the following new or amended classifications, as specified in class descriptions on file with the Office of the City Manager: Administrative Services Director Community Development Director Finance Director Public Works Director r Public Works Superintendent Human Resources Analyst FURTHER, BE IT RESOLVED that the City Council abolishes the following classifications: Administrative Services Director, Community Environment Director, Accounting Manager, Community Development Manager, Public Works Services Manager, Public Services Assistant, Senior Engineering Technician, and Street Maintenance Specialist. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 4' day of March, 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk 2 COMMENDING MARION CARD WHEREAS, after serving as an exemplary member of the Saratoga community for fifty years, and having been recognized as 1986 Citizen of the Year, Marion Card has moved out of the area, and WHEREAS, on this occasion when the Sister City Committee is honoring Marion, the City Council wishes to add its acknowledgment of Marion's many contributions to the life of the City, which reflect her ongoing interest in and commitment to local and international affairs, and WHEREAS, Marion has been active in many organizations, including San Jose's Sister Cities Program, Saratoga Sister City, and the Hakone Foundation, and WHEREAS, formal relations with Saratoga "City to City" and "People to People" started with 38 Saratogans traveling to Muko, Japan, for Sister City ceremonies on November 16, 1984, a number of whom, including Marion, became founding members of the Sister City, and WHEREAS, Marion has made use of her degree in art history to contribute her expertise to the Hakone Gardens Docent Program, and was a part -time instructor at De Anza College in California History, and NOW, THEREFORE, I, MAYOR OF THE CITY OF SARATOGA, hereby commend and thank MARION CARD and wish her and her husband, Bud, an enjoyable residency in Fairfield, with frequent returns to Saratoga to visit their many friends. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of March, 1998. Mayor X0104a) >>aI &JEW21 tea@ @q?A I&t WHEREAS, Herb Richards has lived in the Santa Clara Valley for over 80 years and in Saratoga for over 50 years, and WHEREAS, Herb founded the Coast Oil Company in San Jose in 1935 and opened the first self -serve station in northern California in San Jose in 1947, and WHEREAS, since those early days Herb has participated in the development of the oil marketing industry in this country in many ways: as a founder and past president of the California Independent Oil Marketers Association; founder and twice general chairman of the Pacific Oil Conference; one of the first independent members of the National Oil Jobbers Council, and WHEREAS, he was also Western Vice President of the National Oil Jobbers Council and served on the A.P.I. Marketing Committee and on the board of the Society of Independent Gasoline Marketers of America, and WHEREAS, in addition, Herb has served his country and his community in 'many posts outside the industry, including Past President of the San Jose West Rotary Club, the National Energy Council, and the San Jose Airport Commission, and WHEREAS, perhaps the contribution most appreciated by the greatest number of people has been as counselor and mentor to innumerable fellow marketers in this industry which has been so important to the economy of the State and nation. NOW, THEREFORE, I, MAYOR OF THE CITY OF SARATOGA, hereby congratulate HERB RICHARDS on being named West Coast Independent Petroleum Man of the Century by the Petroleum Marketing Industry. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of March, 1998. Mayor CONCERNING ABSOLUTELY INCREDIBLE KID DAY WHEREAS, Camp Fire Boys and girls, the national organization, will sponsor Absolutely Incredible Kid Day on March 19, 1998, and WHEREAS, Camp Fire Boys and Girls has issued a call to action, asking every adult in America to write a letter to a child or children on March 19, 1998, and WHEREAS, Camp Fire Boys and Girls Santa Clara /Santa Cruz County Council has established the goal that every child in Santa Clara and Santa Cruz Counties receive a letter on march 19, 1998, and WHEREAS, Camp Fire Boys and Girls Santa Clara /Santa Cruz County Council teaches boys and girls self reliance, good citizenship and leadership, and WHEREAS, through contemporary programs and by speaking out on issues affecting youth and their families, Camp Fire Boys and Girls helps youth cope with their changing world, and WHEREAS, in Camp Fire the choices and opportunities are inclusive to'boys and girls, and WHEREAS, Camp Fire Boys and Girls is commended for the valuable programs offered to young people in Santa Clara and Santa Cruz Counties and throughout the nation, and for the many services these young people perform for their communities through Camp Fire. NOW, THEREFORE, I, MAYOR OF THE CITY OF SARATOGA, hereby proclaim March 19, 1998, to be ABSOLUTELY INCREDIBLE KID DAY in the City of Saratoga, and declare the children of Saratoga as absolutely incredible kids. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of March, 1998. Mayor 1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO: MEETING DATE: March 4, 1998 AGENDA ITEM: 7 G CITY MANAGER: l ORIGINATING DEPARTMENT: Community Development PREPARED BY: James Wal n, o unity Development Manager SUBJECT: Request for Waiver of Temporary Use Permit Fees Saint Andrew's Episcopal Church Recommended Motion Deny the request and direct the applicants' to submit an application for Temporary Use Permit, with the $500 permit fee. Report Representatives of Saint Andrew's Episcopal Church are requesting that the City Council waive the $500 permit fee necessary to process and approve a Temporary Use Permit for their planned Celtic Faire. Their attached letter details the event, to be held on Saturday and Sunday, May 23 and 24, 1998. The Faire is described as the Church's major fund raising event of the year. Temporary Use Permits are required for these types of special events. A copy of the ordinance is attached. The permit fee is intended to recover the staff time expended reviewing and issuing the permit. The City Council has consistently denied fee waiver requests since 1995, when the first of the City's two recent budget reductions went into effect. With the City's most recent downsizing and budget reductions, it is even more critical that the City maintains its full -cost recovery policy. An alternative to waiving the fee would be to not require the Temporary Use Permit. While certain events such as the Rotary Art Show at the West Valley College are clearly special events unrelated to the College, the Council could find that a two -day fund raising Celtic Faire at the Saint Andrew's Church is reasonably within the range of activities that a Church provides. A literal reading of the ordinance seems to indicate that the Temporary Use Permit is required since the Faire would be a temporary special event beyond the scope of the Church's basic Use Permit. The Church's original City Use Permit dated December 26, 1962 is attached for reference. Early Use Permits issued by the City commonly contained very little in terms of project information, conditions or restrictions. More recent Use Permits are very specific as to the scope of the project and the conditions under which it is to be operated. Public Notice No public notice or hearing is required for this request. Saint Andrew's Episcopal Church Page Two Fiscal Impacts None. Either the City will recover its costs by imposing the $500 permit fee, or the permit will not be required. Follow -up Actions A Resolution reflecting the City Council's determination will be prepared for adoption at the next available meeting. Consequences of Not Acting on the Recommended Motio The City will not issue a Temporary Use Permit for the two -day Celtic Faire. Attachments: 1. Applicants' letter requesting fee waiver 2. Use Permit No. 44 Saint Andrews Parish 3. Article 15 -60 of the City Code Temporary Uses February 9, 1998 City Council, City of Saratoga C/O James C. Walgren 13777 Fruitvale Avenue Saratoga, California 95070 Dear Council Members: C" 1 ICE C'.ITY 1l1A: I am writing in behalf of the Parish of St. Andrew's Episcopal Church. The application for the Temporary Use Permit for our Celtic Faire, which will take place on Saturday and Sunday, May 23 and 24, 1998, will be submitted soon to the City of Saratoga. It is our understanding the fee must be submitted with the application. The Celtic Faire will be our major fund raising event for the calendar year. This is the first year for this faire and it has been in the planning stages for the last 6 months. The objective of the faire is to include the entire community in a celebration of the Celtic tradition. Plans include areas of interest for all ages, including children and seniors. There will be live entertainment during the entire event on two outdoor stages featuring music and dancing in the Celtic tradition. Food and drink booths will offer traditional fare. A children's area will offer story telling and games. Reinactors will perform in authentic tradition. A high noon luncheon is planned which we feel will be especially enjoyed by the senior population. Several Celtic clans will be represented for the purpose of education. Although we do not plan any competitive games, there will be live demonstrations of the Celtic games. The front end costs of sponsoring such an event are quite high. We are unable to calculate how many people will attend the event for the first year, therefore we find it difficult to estimate the funds this event will raise. Controlling our up front costs is of prime concern. We respectfully request a reduction in the $500 permit fee for the following reasons: 1. The Faire is planned to be held entirely on the grounds of Saint Andrew's property, at 13601 Saratoga Ave., Saratoga. 2. We do not foresee the use of any public property or city services. 3. The Faire is our fund raising event for the entire year. As a non -profit entity we must control our costs as much as possible. 4. The event is geared to entertain and educate the entire community. We appreciate your consideration in this matter and we look forward to hearing from you as soon as possible. You may contact me or the Rector at St. Andrew's, Rev. Ernest Cockrell at 867 -3493 if further clarification is needed. CC: Carl Sue Beckham Rev. Ernest Cockrell Respectfully, Patricia Catlin 408/353 -3972 Saint Andrew's Episcopal Church USE P12M and /or VARDNCE File No. UP -44 RESOLUTION 110. City of Saratoga Planning Commission State of California WHEREAS, the City of Saratoga Planning Commission has received the applica- tion of SAINT ANDREWS PARISH for a Use Pernit fer g�narnl rhurrh use of the property located at Saratoga Avenue and Crestbrook Drive f and WaEREAB, the applicant (has) (bwpmm* mst the burden of proof required to support his said application; 110W, TMMEPME, BE IT RESOI.M that after careful consideration of maps, facts, exhibits and other evidence submitted in this natter, the application for the Use Permit bo and the same is hereby (granted) (dea6e0 subject to the following conditions: 1) Building Site Approval 2) Design Review Approval 3) The City of Saratoga Planning Commission shall retain continuing jurisdiction over the Use Permit herein granted and expressly reserves the right to, from time to time, modify, delete or make additions to any or all of the con- ditions thereof or to terminate or extend the-Use Permit, either on its own motion or on the application of the applicant, in order to preserve a substantial right of the applicant or to preserve the health, safety, morals, convenience or welfare of persons residing or working in surrounding areas, or to preserve existing or pro- spective values of property and improvements, or to prevent a public nuisance. BE IT FARTHER RESOLVED that the Report of Findines attached hereto be ap- proved and adopted, and that the Secretary be, and is hereby directed to notify the parties affez•-ed by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of December 196, by the following roll call vote: AYES: Commissioners Anderson, Cowley, Crisp, Glenn, Johnson and kEllum. NOES: None. ABSERT: Commissioner Webster. ;A A W6_�u Chairman, Saratog Planning Commission I M Burden of proof. Wherever in d Section the legalization of an existing second unit r the occupancy thereof depends upon the establi ent of any event occurring on or before a specified the burden of proof shall be upon the applicant. 0) Numerical limit. U permits for legalization of existing second units s not be subject to or included within the numerical tation prescribed in Section 15- 56.070. 15- 56.120 Illegal second units. The es hment or continuance of a second unit without a e permit is hereby declared to be unlawful and sh constitute a misdemeanor and a public nuisance. Any v' lotion of this Article shall be subject to the penalties as 'bed in Chapter 3 of this Code. Article 15.60 TEMPORARY USES Sections: 15- 60.010 Temporary uses allowed by permit. 15- 60.020 Application for use permit; fee. 15- 60.030 Issuance of use permit; conditions. 15- 60.040 Applicability of other Code provisions. 15- 60.050 Addition of temporary uses. 15- 60.060 Appeals. 15- 60.010 Temporary uses allowed by permit. (a) For the purposes of this Article, the term "temporary use" means an activity described in Paragraph (b) of this Section, whether profit or non profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total of ten days within a thirty day period, the application may be acted upon and a temporary use permit issued by the Planning Director, otherwise, the application shall be acted upon by the Planning Commission. (b) The following described temporary uses may be permitted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article: (1) Art shows. (2) Craft shows. (3) Antique shows. (4) Outdoor sales on public or private property. (5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code. 361 15- 60.030 (6) Home tours. (7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes. (8) Additional temporary uses added by the Planning Commission in accord with Section 15- 60.050. (9) Temporary on -site and off -site signs in conjunction with the above uses. 15- 60.020 Application for use permit; fee. Application for a temporary use permit shall be filed with the Planning Director, on such form as he may pre- scribe, at least thirty days prior to the proposed date of the event The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council, and shall include the following: (a) Name and address of the applicant. (b) Statement that the applicant is the owner of the property or is the authorized agent of the owner. (c) Address or description of the property on which the use will be conducted. (d) Two copies of a site plan which shall include the following: (1) Designation of area to be occupied by the use. (2) Existing structures and improvements. (3) Provision for off street parking. (4) Site location diagram. (5) Identification of all property owners and uses within a radius of five hundred feet from each boundary of the site. (e) A written description of the event to include: (1) Activities planned during the event. (2) Days and hours of operation. (3) Sales of goods (if any). (4) Number of people involved in operating the event and number of people anticipated to attend. (5) Explanation of how and where food (if any) is to be served. (6) Explanation of the number and location of sanitary facilities to be provided. (f) A location diagram and drawing of any temporary signs proposed for identification of the use or off -site direction to the use. Off -site sign proposals must be accom- panied by written statements of authorization signed by the owners of the sites on which said signs are to be located. 15- 60.030 Issuance of use permit; conditions. (a) The Planning Director or the Planning Commission, as the case may be, may grant a temporary use permit upon a fording that the temporary use is compatible with the purposes and objectives of this Chapter, and in doing so 15- 60.030 shall impose such reasonable conditions as circumstances may require, including, but not limited to, the following: (1) A refundable clean -up deposit, in such amount as may be appropriate. (2) Limitation on the length of time, the days of the week, and the hours of the day during which the activity may be conducted. (3) Approval by the County Health Department if food is to be sold in connection with the activity. (4) Approval by the chief of the fire district in which the activity will be conducted if such activity involves any risk of fire, explosion, or other similar hazard. (5) Approval by the Sheriffs department if the activity requires any traffic or crowd control or involves any potential threat to the public safety. (6) Provision for sanitary facilities. (7) Limitation on the size, number, location and duration of temporary signs advertising the activity. (b) The Planning Director or the Planning Commission may deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval for the identical use by the same applicant shall not be given more than once in a twelve -month period. 15- 60.040 Applicability of other Code provisions. Notwithstanding the provisions of this Article, any fair, amusement park, circus, carnival or other similar activity for which a permit is required under Section 4- 10.010 of this Code, or any special event for which a permit is required under Article 10 -10 of this Code, or any use of a public park for which a special permit is required under Article 11 -10 of this Code, shall be governed by such other provisions of this Code and no separate use permit therefor shall be required pursuant to this Article. 15- 60.050 Addition of temporary uses. Upon application or its own initiative, the Planning Commission may add other temporary uses to the list thereof set forth in Subsection 15- 60.010(b), so long as such additional uses fall within the definition of "temporary use" as set forth in Subsection 15- 60.010(a), and upon a finding that each use will not be detrimental to the public health, safety or welfare and will not adversely affect the character of the district in which it will be conducted, and will not create odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, hazard of fire or explosion, traffic congestion or other objectionable influence. 15- 60.060 Appeals. Any determination or decision by the Planning Director or the Planning Commission under this Article may be appealed to the City Council in accordance with the proce- dure set forth in Article 15 -90 of this Chapter. Article 15-65 NONCONFORMING USES AND STRUCTURES Sections: s uccure. 15- 65.010 Purposes of Article. 15- 65.020 Continuation in general. 15- 65.030 Exemption of nonconforming 15- 65.120 single family and multi -fa 15- 65.130 dwellings. 15- 65.040 Routine maintenance; 1' tati on repairs. 15- 65.050 Change of use. 15- 65.060 Expansion of non nforming 15- .160 uses. 15- 65.070 Expansion of nconforming structures. 15- 65.080 Terminatio of nonconforming uses and ctures by 15- 65.090 Replac ment of damaged or destr ed nonconforming facility. 15- 65.100 Rep cement of damaged or de�troyed nonconforming 15-1.0 Purposes of Article. is Article is intended to limit the number and extent of onconforming uses and structures by prohibiting their gement, intensification, re- establishment after abandon ent or restoration after destruction and requiring their termination after reasonable periods of time. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do 362 s uccure. 15- 65.110 limmation of nonconforming uses and structures after lapse of time. 15- 65.120 Determination of value. 15- 65.130 Determination of age. 15 -65.14 At of nonconforming uses and structures by use permit or variance. 15 -6 150 Unsafe buildings. 15- .160 Nonconforming sites. 15-1.0 Purposes of Article. is Article is intended to limit the number and extent of onconforming uses and structures by prohibiting their gement, intensification, re- establishment after abandon ent or restoration after destruction and requiring their termination after reasonable periods of time. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do 362 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM L 4 MEETING DATE: MARCH 4, 1998 CITY MANAGER: ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD: SUBJECT: Letter from Laura Kim requesting consideration for naming a future street after Nigerian human rights activist Ben Charles Obi RECOMMENDED MOTION(S): Move to refer the letter to the Heritage Preservation Commission for future consideration. REPORT SUMMARY: The attached letter dated February 18 from Laura Kim of Saratoga requests the City to consider naming a future street after the Nigerian human rights activist Ben Charles Obi. For Council's information, I have attached a copy of the City's policy for naming streets which was adopted in 1991. For new streets, the policy states that the Heritage Preservation Commission is responsible for reviewing the appropriateness of street names taking into account the character and history of the City, and recommending names to the City Council. The City Council is ultimately responsible for appmving the names of all streets. Since the author of the letter is requesting consideration for naming a future street, it is recommended that the letter be referred to the HPC for their consideration when reviewing proposed street names for new subdivisions. FISCAL IMPAC'T'S: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: A copy of this report was transmitted to Ms. Kim. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The letter would not be referred to the HPC. Council could then direct staff otherwise. FOLLOW UP ACTIONS: The letter will be forwarded to the HPC. ATTACHMENTS: 1. Letter from Laura Kim. 2. City street name policy. Laura Kim 20812 Fourth Street #22 Saratoga, CA 95070 18 February 1998 Saratoga City Council Civic Theater 13777 Frui(vale Avenue Saratoga, CA 95070 Dear Councilmember: ivlynameis Laura Kim, and I am a senior at Saratoga High School, where Ilead an Amnesty International club. Our club is participating in Amnesty International's national student campaign for human rights ref ormin Nigeria. Along with other Amnesty International student groups throughout the United States, our club is moving to name or rename streets in comrmemoration of Nigerian activists who have worked to improve human rights conditions in Nigeria. Nigeria's military goverioi holds a notorious record of human rights violations;individualfreedoms are severely limited and those who attempt to defend their human rights have often been brutally tortured, imprisoned, or executed by the military regime. Student activists, in particular, have been especially repressed. One of our club's campaign goals is to name a street in S aratoga in honor of the Nigerian human rights activist, B en Charles Obi. Obi is a Nigerian journalist who was secretly tried, convicted and jailed by a special military tribunal on false charges of plotting to overthrow the m military goverioi which now rules Nigeria. We are aware of the construction of new homes and streets throughout S aratoga, and we believe that the naming of a future S aratoga street will be a unique vehicle to discuss human rights issues, conditions in Nigeria, the plight of student activists around the world, US foreign policy toward Africa and how everyone can and should get involved in their communities. Please consider our proposal to name afuture street in Saratoga after Ben Charles Obi.. If there are any questions, feel free to contact me by phone at (408) 741-5771, or by email at Solskenl k@aol.com. Ithank you f or taking the time to read this letter, and I look forward to hearing from you soon. Sincerely, (aUe-k kt-, Laura Kim C�B�� 04 BOO CCc�p 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: The City Council DATE: 2/6/91 FROM: Tsvia Adar, Associate Planner SUBJECT: process for Naming Streets Requests for new street names are currently processed and approved in two different ways. The first, as part of approval of subdivision final maps. The second, when not part of a subdivision, by adoption of a resolution by the City Council. Naming new streets or changing street names requires review by the Building Department who is responsible for assigning new addresses. Review and approval of the County Communication Department is also required in order to avoid conflicts with existing street names. The current process does not include specific review of proposed names for appropriateness to the character or history of Saratoga. The Planning Department developed and proposes a process for naming streets which incorporates the necessary review by various departments and agencies. The Heritage Preservation Commission will be responsible, according to this process, for reviewing the street names for appropriateness. Notification will be sent to all the involved departments and agencies as part of the proposed procedure. Government Code 34091.1 deals with adoption or change of street name and suggests that the legislative body may adopt a resolution designating a name for or change the name of a street. The review process of street names for new subdivisions and proposals for street name change are similar. However change of street names will require the Building Department review at an early stage of the process and will not require adoption by the City Council. Street names of a new subdivision will require adoption by the City Council as part of the final map approval. The street names will be recorded with the County Recorder together with the final map. Change of street names initiated by the street residents will require submittal of a petition of at list sixty percents (60 of the residents requesting the change. The proposed procedure attempts to clarify the process and ensure that appropriate names will' be approved, recorded and noted by the public agencies. Staff Recommendations Approve the proposed procedure. Attachments 1. Chart of the proposed procedure 2. Copy of a section from the Government Code related to street names. 12= DRAFT PROCESS FOR NAMING STREET Request for Change Street Names* I Building Inspection I Review r Tentative Map Approval By the PC I I I I I County Communication Tentative Review Heritage Preservation Commission Review I i Final Map- Review By the City Council I I Notify the Owner, County Recordation Office, the County Communication Dept., Utility Services, County Assessor, Registrar of Voters, County Sheriff, U.S. Post Office, State Board of Equalization, City Departments IN CASE OF A REQUEST FOR CHANGE OF AN EXISTING STREET NAME A PETITION OF AT LIST SIXTY PERCENT (60$) OF THE STREET RESIDENTS SHALL BE SUBMITTED WITH THE APPLICATION. GOVERNMENT CODE SECTIONS 34091.1. Adoption or change of street name; resolution Whenever the legislative body finds that a name should be adopted and applied to any city street, or that the existing name of any city street should be changed, the legislative body may adopt a resolution designating a name for, or change the name of, such street. (Added by Stats.1957, c. 686, p. 1879, 1.) Form See West's California Code Forms, Government. Cross References Action by resolution or ordinance, see 50020. Lbrary References Municipal Corporations 4-651'h CJ-S- Municipal Corporations 1654. 34092. Adoption or change of name or number of street or place; duty of city clerk Whenever the name of any street, boulevard, park, or place is adopted, established or changed, or any house numbers have been changed on any street, boulevard, park or place, by any city or other authority, the city clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the board of supervisors of the county within which such city is situated. (Added by Stats.1953, c. 891, p. 2252, I. Amended by Stats.1955, c. 749, p. 1244, 1.) Crow References City clerk. see 40801 et seq. Lbrary References Municipal Corporations a -651 'A CJ-S- Municipal Corporations 1654. 34093. Petition; definition; misrepresentations concerning contents or effect; circulation of petition containing false or forged names; punishment As used in this section, "petition" means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to. the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act. Every person is punishable by a fine not exceeding five hundred dollars ;500). or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, Willfully misrepresents or willfully makes any fate statement con cerning the contents, purport or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries With reference to it, or to whom it is presented for his silmature. Every person is punishable by a fine not exceeding five hundred dollar= (=500), or by imprisonment in the county jail not exceeding six months, o b both such fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names. (Added by Stats.1963, c. 1262, p. 2783, 1.) L uwy References Words and Phrases (Perm.U) I SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: march 4, 1998 CITY MANAGER: 4 61 7��L. ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD: SUBJECT: Letter from Hakone Foundation concerning revisions to Visitor Fees RECOMMENDED MOTION(S): Move to approve the fee revisions as proposed. REPORT SUMMARY: Attached is a letter dated February 12 from the Hakone Foundation proposing revisions to the fee structure for visitor use of the gardens to go into effect on March 16. The Management Operations Agreement between the City and the Foundation requires the Foundation to submit proposed fee changes to the City for approval. As the reasoning for and impact of the proposed fees appear to be well documented in the letter, it is recommended that the Council approve the proposed fee changes as submitted. FISCAL IMPACTS: None for the City. Impacts for the Foundation are described in the letter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Prior to implementation of the new fees, the Foundation plans to change signage in the Gardens and on their brochures which are distributed to the public. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Some or all of the proposed fee changes would not be approved. FOLLOW UP ACTIONS: The Foundation will be informed of Council's approval of the proposed fee changes. ATTACHMENTS: Letter from Hakone Foundation dated February 12. %`d Hakone Foundation Daryl Becker President Helen A. Metcalf Ralph M. Metcalf Vice Presidents Cathy Foscato' Secretary Syd Dunton 7Yrasurer Margaret Angelopoulis Marjory Bunyard Jack L. Christensen Joseph Clevenger, M.D. Ronald Duffin Kay Duffy Ian Geddes Nancy Lesser Art Okuno Bruce Parkinson Dan Pulcrano Elaine Salter Jacqueline Brentano Stine John Tauchi Lynn Wallace February 12,1998 y City Council C' rty of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: City Council Concerning Hakone Foundation Change to Visitor Fee Structure: The Hakone Foundation Board of Trustees has approved the following changes in our current visitor parking/admission fees. The has also approved fee changes for facility rental fees for 1999. We plan to begin the new parking fees on Monday, March 16,1998 after appropriate signage and changes to the brochure are in place. Cheryl Lawrence Office Manager Curren Free parking every Tuesday. Parking includes admission to the Gardens. Barbara Moore Asst, Manager New'Fee Structure Free parking will be retained on the fast Tuesday of each month. Parking fees will be Honorary Board collected on all other Tuesdays. William E. Glennon Impact to Visitors Floyd Kvamme Minimal, impact is expected. Our staff reports that most visitors are surprised to fmd that Donald B. Miller Tuesdays are free days. Norman Mineta Morihito Nagai Yoshihiro Uchida Curren Henry Yamate •The parking fee (includes admission to Gardens) on Monday, Wednesday, Thursday and Kiyoshi Yasui Friday is 3.00 per car. The parking fee on Saturday and Sunday is $5.00 per car. New Fee Structure Equalize parking/admission fees to $5.00 per car on all days (except for the first free Tuesday Aiko Tauchi of each month). Chanoyu Consultant Shizue Tomlinson Impact to Visitors Japan Liaison We do not anticipate any issue. Visitors will be encouraged to become members of the Hakone Foundation for $25, allowing them free parking during the year of membership, as well as receiving other membership benefits. Post Office Box 2324, Saratoga, California 95070 -0324 408/741 -4994 r. Curren A $10 parking pass is available for purchase. The pass allows the visitor to park free for 12 months. New Fee Structure Hakone Foundation will not issue parking passes. Visitors will be encouraged to become Hakone Foundation members. The $25.00 per year membership entitles the member to free parking, a 10% discount on gift shop items and facility rentals and participation at Hakone Foundation membership events. Impact to Visitors We hope to acheive a better relationship with our visitors through participation in our membership program rather than through a parking pass. Note: In addition to the above changes, price increases will be effective for rentals beginning January 1, 1999. Deposits for rental of facilities for 1999 will begin on March 1, 1998. 'The total cost for the rental of all facilities (Garden, Madrone Mound, Lower House, Cultural Exchange Center) is currently $1665. The total cost for the rental of all facilities in 1999 will be $1980. Impact to Visitors An increase in price has been suggested to people wishing to book for 1999. Without exception, they are willing to book for 1999 and consider the rental of the facilities at Hakone Gardens as fairly priced. We are fully booked for all Saturdays from April through October of 1998 and feel that a modest increase in price for 1999 will not deter rentals. Sincerely, Cheryl Office Manager Hakone Gardens fr CITY OF SARATOGA PLANNING COMMISSION- ACTION MINUTES DATE: Wednesday, February 25,1998 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners, Martlage, Murakami, Pierce Absent: Commissioners Bernald, Kaplan, Siegfried Staff: Walgren, Crowley Pledge of Allegiance Minutes February 11, 1998 Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 20, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. DR -96 -054 V -96 -018; ADAMS, 14701 Ambric Knolls Road; Request for Design Review approval to construct a 4,753 sq. ft. two -story residence on a vacant 1.58 acre parcel located at the corner of Congress Springs Road and Ambric Knolls Road and adjacent to the Saratoga Creek. Variance approval is necessary to allow the structure to encroach into required setbacks and to be built on a slope of greater than 30 percent. The property is located in an R -1- 40,000 zoning district. CONTINUED FROM 2/11/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS. DENIAL RESOLUTIONS ADOPTED 410. PUBLIC HEARINGS 2. DR -97 -021 V -97 -005 (APN 503 -15 -042) MARCINCOWSKI/BREGANTE; 21143 Chadwick Court; Request for Design Review approval to construct a new 5,046 sq. ft. two -story residence and Variance approval to construct the residence on a slope of greater than 30 percent pursuant to Chapter 15 of the City Code. The parcel is 2.3 acres in size, located in an HR zoning district. CONTINUED FROM 1/14/98 FOR RE- DESIGN. APPROVED 4/0. 3. SD -97 -012 (APN 397-24-010,038,073,074 075) PINN BROTHERS CONSTRUCTION, 20325 La Paloma Avenue 14315 Douglass Lane; Request for Vesting Tentative Map approval to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from 21,780 sq. ft. to 3.08 acres. The site is adjacent to Wildcat Creek and is currently developed with two primary single family homes and two independent "cottages One of the residences is the original "Hayfield House" designed Planning Commission Action Minutes February 25, 1998 Page 2 by Julia Morgan in 1919 and is listed on the City's Heritage Resource Inventory this structure would be retained while the other three structures are proposed to be removed. The subdivision would be accessed via two cul -de -sacs with seven of the new lots gaining access from Douglass Lane and eight from La Paloma Avenue. The property is located within an R -1- 20,000 zoning district. An Environmental Initial Study has been prepared for this project pursuant to the requirements of the California Environmental Quality Act. The public comment period for the Environmental Initial Study and the Draft Negative Declaration began on February 11, 1998, and will expire March 17, 1998. No final action may be taken on the project until the public review process has been completed and an environmental determination has been made. MARTLAGE EXCUSED HERSELF FROM THE DISCUSSION AS SHE WAS A NEIGHBOR OF THE SITE/PROJECT; CONTINUED TO 3/11/98 DUE TO LACK OF A QUORUM. 4. DR -96 -030 (APN 397 -03 -082) HONG, 14427 Emerald Hill Court; Request for Design Review approval to construct a 5,220 sq. ft. two -story home on a currently vacant parcel. The lot is 40,219 net sq. ft. and is located in an R -1- 40,000 zoning district. APPROVED 4/0. 5. DR -97 -058 (APN 397 -18 -065) CARTER, 14810 Farwell Avenue; Request for Design Review approval to construct a new single story house, 4,517 square feet in size, 23 feet in height, on a 1.002 acre lot in the R -1- 40,000 zoning district, currently occupied by a single story 3,256 square foot house, 17 feet in height and a 562 square foot guest house /carport, 10 feet in height. APPROVED 3/1 (PATRICK OPPOSED). 6. DR -97 -053 and V -97 -011 (APN 503- 55 -53) PERSSON, 21194 Haymeadow Drive; Request for Building Site approval, Design Review approval, and Variance approval to construct a new 4,047 square foot house, 25 feet in height, on a vacant 1.002 acre lot in the R -1- 40,000 zoning district. Applicant requests Variance approval in order to adhere to that zoning district's standard front yard setback, rather than the percentage based setbacks prescribed for all vacant lots. Applicant also requests Design Review exception to permit construction of garage with 7 foot, 6 inch underfloor clearance, in exceedance of city limitation of 5 feet, and Floor Area exception to waive required floor area reduction for houses in excess of 18 feet in height. APPROVED 3/1 WITH CONSTRAINT ON CONSTRUCTION HOURS MARTLAGE OPPOSED). DIRECTOR ITEMS COMMISSION ITEMS COMMUNICATIONS Written City Council Minutes dated February 4 and February 10, 1998 Notices for Planning Commission Meeting of March 11, 1998 ADJOURNMENT 10:00 p.m. to Wednesday, March 11, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA FINANCE COMMISSION MEETING MINUTES DATE: February 2, 1998 TIME: 8:00 A.M. LOCATION: Emergency Operations Center Conference Room Saratoga Civic Center 13777 Fruitvale Avenue, Saratoga, CA 95070 Call to Order. The meeting was called to order at 8:10 a.m. 2. Roll Call. Commission members present: Chang, Ousley, Roten, Streit, and Wolf. Commission members absent: Low. Staff present: City Manager Perlin, Interim Assistant City Manager Larson. Others present: Chuck Swan. Report on Posting of the Agenda for the Meeting. In accordance with Government Code 54954.2, State of California, the notice of this meeting was properly posted on January 29, 1998. 4. Communications from the Public. No members of the public wished to speak at this time. Review of Proposed Reorganization Plan. The City Manager, Larry Perlin, reviewed the proposed reorganization plan as originally presented to the City Council on January 27, 1998. The Commission requested that the dotted lines on the chart deleted in the interest of clarifying reporting relationships. Mr. Perlin agreed to act on that suggestion. Several points of discussion followed among the Commission members and Mr. Perlin. Concerns were expressed about the placement of Facilities Maintenance, the fact that the Recreation Director's salary is the highest in the City relative to others, the lack of a supervisory presence at the Corp Yard, the need to execute an effective recruitment strategy for positions currently vacant, and the need to ensure that the City has adequate purchasing controls. The Commission concurred that a letter to City Council should be drafted and placed on the agenda for the Commission's next regular meeting. Adjourn to Next Meeting. The meeting was adjourned at 9:20 a.m. The next regular meeting of the Finance Commission is scheduled for February 9, 1998. 13777 FRUITVALE AVENUE SARATOGA, CALIFO COUNCIL MEMBERS Stan eogosian Paul E. Jacobs Gillian Moran Jim Shaw Donald L. Wolfe February 26, 1998 To: City Council From: Deputy City Clerk Subject: Publicity for Upcoming Hearing CDBG Allocations A hearing has been scheduled on the above item for Wednesday, March 18. Staff requests direction as to any publicity in addition to that legally required which the Council wishes to have prepared. In accordance with Council policy, most ordinances will be introduced at noticed public hearings, including ordinances for which State law does not require a public hearing. Notices of appeals are published in the Saratoga News and mailed to all property owners within 500 feet of the site. A. CDBG Allocations for 1998 -99 A display ad soliciting proposals was placed in the Saratoga News, and eligible groups were notified of the procedure for submitting proposals. Those who did so have been notified of the hearing. Staff recommends no further notice. e Grace E. Cory Printed on recycled paper. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: MARCH 4, 1998 CITY MGR.: ORIGINATING DEPT.: COMMUNITY ENVIRONMENT PREPARED BY: SUBJECT: Approval of payments for storm related emergency work performed by Stevens Creek Quarry, Inc. Recommended Motion(s): Move to approve storm related construction purchases. Re port Summary: The purpose of this report is to obtain Council's authorization to pay for a number of storm related emergency construction purchases. Total cost for this work is $93,384.29. Of this total amount $24,312.36 will be reimbursed to the City from the Santa Clara Valley Water District for work to the Calabazas creek bank adjacent to Padero Court, and the remaining $69,071.93 will be submitted to FEMA for reimbursement under the President's declaration of disaster for storm damage caused to Santa Clara County, FEMA Disaster No. 1203. The following summarizes the various work Stevens Creek Quarry has performed: 1. Padero Court: The placement of rock rip -rap to armor the creek bank adjacent to the roadway for protection against immediate and long term erosion from Calabazas Creek. Cost: $24,312.36 2. Old Oak Way: The Placement of K -Rail and temporary asphalt berms to contain drainage within the curbs because of the rupture of a storm drain outfall pipe. Cost: $4,692.94 3. Quarry Creek Watershed: The cleanup of debris and sediment from Quarry Road and from various components of the Quarry Creek drainage system. Cost: $6,943.90 4. Michaels Drive: The construction of a inlet structure to allow drainage to enter an existing culvert under Michaels Drive which lay buried under approximately 10 feet of sediment and 15 feet of standing water. Cost: $51,237.48 S. Pierce Road, Damon Lane, Mt. Eden Road, Diamond Oaks Lane: The cleanup of debris and sediment from the roadways. Cost: $6,197.61 All of the above work has been completed by Stevens Creek Quarry under emergency conditions and in a satisfactory manner. Consequently, it is recommended that Council at this time approve the entire above list of emergency storm related construction purchases so that payment to the contractor can be made. Fiscal Impacts Sufficient funding to pay for all of the above work currently exists in the adopted budget in Activity 31 (Street Maintenance), Account No. 4510, and in Activity 34 (Flood Control /Storm Drain), Account No. 4510.,However, as the fiscal year progresses, it may be necessary to replenish the above accounts with funds from the Council's contingency to pay for future emergency and other unforeseen maintenance and repair work. If this becomes necessary, staff will prepare the required budget transfer resolutions for future Council action. Follow Up Actions 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. Advertising, Noticing and Public Contact None. Attachments None. 4 U Sheet1 Fund 2/27/98 Fund I Name AMOUNT Total Checks A74130 A74297 1 General 58,908.39 58,908.39 100 COPS SLESF 110 Traffic Safety 150 Streets Roads 7,760.92 7,760.92 160 Transit Development 170 Hillside Repair 180 LLA Districts 7,553.91 7,553.91 250 Dev. Services 290.00 290.00 260 Environmental 270 Housing Comm. 15.12 15.12 290 Recreation 22,474.58 22,474.58 292 Facility Ops 735.00 735.00 293 Theater Tkt. Surchg. 300 State Park 310 Park Development 400 Library Debt 410 Civic Center COP 420 Leonard Road 430 Parking District #4 443.82 443.82 700 Quarry Creek 710 Heritage Psrvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 250.00 250.00 810 Deferred Comp 830 Payroll Agency 990 SPFA 5umotai 98,431.74 98,431.74 CHECKS B23251 B23278 81,077.37 Total 179;509:, k'I? Prepared By: Date: 2 27 y� Approved By: Date: 5 f-� Page 1 s PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INV40ICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000003 A 6 M MOTOR SUPPLY 62083 002835 18155 02/20/1998 001 1035 512.30 -01 VEHICLE PARTS 25.96 VENDOR TOTAL 25.96 0000006 A TO 2 NURSERY 8283312 002820 02/20/1998 150- 3020 532.30 -01 STORM RELATED -FILL SAND 36.81 8283309 002821 02/20/1998 150- 3020 532.30 -01 STORM RELATED -FILL SAND 18.40 8283310 002822 02/20/1998 150- 3020 532.30 -01 STORM RELATED -FILL SAND 18.40 8283325 002823 02/20/1998 150- 3020 532.30 -01 STORM RELATED -FILL SAND 216.50 8283394 002824 02/20/1998 150- 3020 532.30 -01 STORM RELATED -FILL SAND 331.25 VENDOR TOTAL 621.36 0000010 ABAG POWER PURCHASING POOL 8CO031 002994 02/26/1998 001 1060 513.40 -23 NATURAL GAS PURCHASE 800.00 VENDOR TOTAL 800.00 0000011 ABLE RIBBON TECHNOLOGY 076459 002803 02/20/1998 001 1060 513.30 -02 PRINTER CARDRIDGES 341.06 VENDOR TOTAL 341.06 0001317 ALBERTS, JUDY 499 002896 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47,75 VENDOR TOTAL 47,75 0001295 ALMEIDA, INDIRA 1902 -18 002793 02/20/1998 290- 6005-445.04 -00 CLASS REFUND 43.10 VENDOR TOTAL 43.10 0000913 AMARO, RICHARD 2/11 002815 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 10.00 VENDOR TOTAL 10.00 0000022 AMERICAN FLEETCARE 3655 002818 16160 02/20/1998 001 1035 512.40 -15 QTLY OIL AND FILTER CHGS 508.82 VENDOR TOTAL 508.82 0001305 APPY, BROOKE 002949 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 500.00 VENDOR TOTAL 500.00 0000031 ASHBY, DAVID PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME IN�.OICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000031 ASHBY, DAVID 2/,41 002810 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 20.00 VENDOR TOTAL 20.00 0000552 ASHJAEE, MITRA 134 002888 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001303 AUBREY, JOY 1080 002886 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 46.00 VENDOR TOTAL 46.00 0001290 BERG, BRIAN 41526 002798 02/20/1998 292 6005- 462.03-01 DEPOSIT REFUND 300.00 VENDOR TOTAL 300.00 0000860 BERLOGAR GEOTECHNICAL CONSULTAN 187542 002865 02/23/1998 001- 1025 511.40 -12 VILLA OAKS LANDSLIDE 1,928.82 VENDOR TOTAL 1,928.82 0001296 BORCH, ANDREA 3901 -28 002792 02/20/1998 290 6005- 445.04 -00 CLASS REFUND 49.00 VENDOR TOTAL 49.00 0000704 BURNS, LORI 2/98 003025 02/27/1998 001 1045 513.40 -01 REIMBURSEMENT LCF CONF 23.00 VENDOR TOTAL 23.00 0001318 BYRD, ELIZABETH 251 002899 02/25/1998 290 6005 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001310 CABLE, KEVIN 002941 02/25/1998 290 6005 564.40 -10 REFEREE FEES 120.00 VENDOR TOTAL 120.00 0001320 CAMP, JENNIFER 141 002901 02/25/1998 290- 6005 445.04 -00 CLASS REFUND 55.85 VENDOR TOTAL 55.85 0001319 CAMPBELL, WAYNE t 7 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001319 CAMPBELL, WAYNE 377 002900 02/25/1998 290 6005 445.04 -00 CLASS REFUND 55.85 VENDOR TOTAL 55.85 0001158 CHEN, JINA 352 002894 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001227 CHICAGO TITLE 41812 002785 02/17/1998 430 0000- 105.00 -00 REFUND PROPERTY TAXES 14.7. 94 VENDOR TOTAL 147.94 0001128 CHIN, JOHNATHAN 002943 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 500.00 VENDOR TOTAL 500.00 0001301 CITY OF SARATOGA 002960 02/25/1998 250- 0000 101.10 -04 PETTY CASH SETUP 50.00 VENDOR TOTAL 50.00 0000955 CLARK, MORIS 002945 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 285.00 VENDOR TOTAL 285.00 0001287 CLEARY, JEANETTE 1900 -18 002789 02/20/1998 290 6005- 445.04 -00 CLASS REFUND 49.00 VENDOR TOTAL 49.00 0001226 COHEN, DARLENE 41845 002783 02/17/1998 430- 0000 105.00 -00 REFUND PROPERTY TAXES 147.94 VENDOR TOTAL 147.94 0001273 CONNOLLY, DARRIN 002939 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 54.00 VENDOR TOTAL 54.00 0000094 CORY, BETSY VARIOUS 002862 02/23/1998 001 1005 511.30 -01 COUNCIL FOOD /BEVERAGES 55.96 003023 02/26/1998 001 1005 511.30 -01 REIMBURSE COUNCIL MISC. 21.88 VARIOUS 002863 02/23/1998 001 1030 511.30 -01 PAPERBACK ELECT. CODE 41.04 VENDOR TOTAL 118.88 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST 002937 02/25/1998 PAGE 4 PROGRAM: GM339L VENDOR TOTAL AS OF: 02/27/1998 ELECTRICAL DISTRIBUTORS CITY OF SARATOGA 003014 17986 02/26/1998 001 1060 513.30 -02 REPLACEMENT LIGHT BULBS 761.99 VENDOR TOTAL VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000094 CORY, BETSY 0000499 COUNTY OF SANTA CLARA 2/48 002852 02/20/1998 001 0000 202.10 -01 BUS TICKET REIMBURSEMENT 43.00 VENDOR TOTAL 43.00 0001314 COUNTY OF SANTA CLARA 1/23/98 002986 02/26/1998 001 2015 523.40 -10 BOOKING FEES- SHERIFF DEPT 22,927.00 VENDOR TOTAL 22,927.00 0000754 OOFING SERVICES INC 12416 4 QPARADES, 02/20/1998 01- 1060 513.40 -14 REPAIR ROOF LEAKS 671.54 VENDOR TOTAL 671.54 0000854 2/11 002816 02/20/199 8 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 10.00 VENDOR TOTAL 10.00 0000122 DIABLO LANDSCAPE MAINTENANCE 29499 002998 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 35.00 29499 002999 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 75.00 29499 003000 200006 02/26/1998 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 150.00 29499 003001 200006 02/26/1998 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 75.00 29499 003002 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 49.20 29499 003003 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 60.30 29499 003004 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 40.50 29499 003005 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 75.00 29499 003006 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 75.00 29499 003007 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 150.00 29499 003008 200006 02/26/1998 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 295.00 29499 003009 200006 02/26/1998 180 3040 532.40 -15 LANDSCAPE MAINTENANCE 850.00 29499 003010 200006 02/26/1998 180- 3040 532.40 -15 LANDSCAPE MAINTENANCE 285.00 VENDOR TOTAL 2,215.00 0000123 DIDENTI, DAVID 002937 02/25/1998 290 6005 564.40 -10 REFEREE FEES 240.00 VENDOR TOTAL 240.00 0000144 ELECTRICAL DISTRIBUTORS 838258 003014 17986 02/26/1998 001 1060 513.30 -02 REPLACEMENT LIGHT BULBS 761.99 VENDOR TOTAL 761.99 0001322 ELLENEKIOTIS, TONY 7 to PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001322 ELLENEKIOTIS, TONY 7 ;3 002903 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 95.50 VENDOR TOTAL 95.50 0001215 ELLIS, NICHOL 002934 02/25/1998 290- 6005 564.40 -10 REFEREE FEES 80.00 VENDOR TOTAL 80.00 0001285 ENGLISH, SARA 1610 -18 002787 02/20/1998 290- 6005 445.02 -00 CLASS REFUND 199.00 VENDOR TOTAL 199.00 0001323 FASSNACHT, LISA 399 002904 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 55.85 VENDOR TOTAL 55.85 0000155 FITZPATRICK BARRICADE S -789 002988 02/26/1998 150 3015 532.30 -01 TRAFFIC SIGNS 31.66 5 -790 002989 02/26/1998 150- 3015 532.30 -01 TRAFFIC SIGNS 79.56 .S -791 002990 02/26/1998 150- 3015 532.30 -01 TRAFFIC SIGNS 105.54 VENDOR TOTAL 216.76 0001324 FONGSON, ARLENE 621 002905 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47 VENDOR TOTAL 47.75 0001325 FREDRICK, MARY 565 002906 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47,75 VENDOR TOTAL 47,75 0001294 GARNER, ANNE 3911- 28,3909 -28 002794 02/20/1998 290- 6005- 445.04 -00 CLASS REFUND 108.00 VENDOR TOTAL 108.00 0000165 GARROD FARMS 002942 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 210.00 VENDOR TOTAL 210.00 0001326 GEORGE, BILL 376 002907 02/25/1998 290- 6005 445.04 -00 CLASS REFUND 47,75 VENDOR TOTAL 47.75 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001326 GEORGE, BILL 0001328 GHAFFARPAY, AZITA 8991 002909 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000169 GHAFOURIFAR, ZAHRA 002839 02/20/1998 290 6005 564.40 -10 INSTRUCTOR FEE 202.50 VENDOR TOTAL 202.50 0001216 GREEN, NATHANIEL 002936 02/25/1998 290 6005 564.40 -10 REFEREE FEES 200.00 VENDOR TOTAL 200.00 0000566 GUICHARD, ANNA MARIE 002836 02/20/1998 290- 6005 564.30 -01 REIMBURSE CAMP SUPPLIES 476.97 VENDOR TOTAL 476.97 0001298 GUPTA, SAROJ 41532 002800 02/20/1998 292- 6005- 462.03 -01 DEPOSIT REFUND 150.00 VENDOR TOTAL 150.00 0000183 HAKONE GARDEN FOUNDATION 002957 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 200.00 VENDOR TOTAL 200.00 0001327 HARMON, BETTE 455 002908 02/25/1998 290 -6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001218 HILBERT, MIKE 002935 02/25/1998 290 6005 564.10 -03 INSTRUCTOR FEES 112.50 VENDOR TOTAL 112.50 0001225 HLAVA, RICHARD 41957 002782 02/17/1998 430- 0000 105.00 -00 REFUND PROPERTY TAXES 73.97 VENDOR TOTAL 73.97 0001347 HODGMAN, JOHN 571 002928 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 111.70 VENDOR TOTAL 111.70 r T_ lb PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001347 HODGMAN, JOHN 0001165 HUANG, TIFFANY 630 002895 02/25/1998 290 600 5- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001289 HUANG, TIFFANY 3821 -18 002791 02/20/1998 290- 6005- 445.04 -00 CLASS REFUND 128.00 VENDOR TOTAL 128.00 0000194 HUDTLOFF, DIANA L. 002843 02/20/1998 290 6005 564.40 -10 INSTRUCTOR FEE 2,389.72 VENDOR TOTAL 2,389.72 0001291 HUSSAIN, MOHAMMED 42033 002799 02/20/1998 292 6005- 462.03 -01 DEPOSIT REFUND 285.00 VENDOR TOTAL 285.00 0000199 IAN GEDDES TREE CARE INC. 98 -901 002819 02/20/1998 150- 3020 532.40 -10 STORM RELATED -OAK TREE 2,187.50 VENDOR TOTAL 2,187.50 0000200 ICE CHALETS, INC. 002955 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 1,140.00 VENDOR TOTAL 1,140.00 0000201 ICMA RETIREMENT TRUST 2/26/98 002983 02/26/1998 001 0000 210.20 -01 DEFERRED COMPENSATION 4,105.26 VENDOR TOTAL 4,105.26 0000485 J M HYDRAULICS 1377 002830 02/20/1998 001- 1035 512.40 -14 REPAIRS TO VEH #90 269.10 VENDOR TOTAL 269.10 0001207 JEAN HAUCK GROUP RATES 002847 02/20/1998 290- 6005- 564.40 -51 TICKETS TO SHEAR MADNESS 504.00 VENDOR TOTAL 504.00 0001264 JEFFERS, JAMES A. 2/98 002961 02/25/1998 250- 4010 542.40 -10 TREE INSPECTION FEES 240.00 VENDOR TOTAL 240.00 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001264 JEFFERS, JAMES A. 00002 JENKINS, TRACY 002933 02/25/1998 290 6005 564.40 -10 REFEREE FEES 315 00 0001346 JOHNSON, GREG 503 002927 0001275 JOHNSTONE SUPPLY 158689 003013 0000219 JONES, MIKE 002841 0001288 KALAMI, MARYAM 3919 -18 002790 0000222 KANEN TOURS 002853 0001345 KARREN, DANA 942 002926 0001315 KEPPEL, KRISTIN 568 002896 0001344 KEVAN, MELISSA 304 002925 0000929 KOEHLER, PETER 002952 v 7 VENDOR TOTAL 315.00 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 02/26/1998 001 1060 513.30 -02 GABLE VENTILATOR 50.81 VENDOR TOTAL 50.81 02/20/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 240.00 VENDOR TOTAL 240.00 02/20/1998 290 6005- 445.04 -00 CLASS REFUND 39.00 VENDOR TOTAL 39.00 02/20/1998 290- 6005 564.40 -51 FINAL PAYMENT -RENO TRIP 99.00 VENDOR TOTAL 99.00 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 24.00 VENDOR TOTAL 24.00 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 393.75 VENDOR TOTAL 393.75 v 7 C 1 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 9 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND,NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000929 KOEHLER, PETER 0000233 KRUMMEL, MARIAN 002951 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 280.50 VENDOR TOTAL 280.50 0000466 KUHN, BRIAN 002845 02/20/1998 290 6005 564.40 -10 INSTRUCTOR FEE 920.40 VENDOR TOTAL 920.40 0001343 KUNDTZ, NANCY 193 002924 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000238 LAIR, JERRY 2/11 002812 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 70.00 VENDOR TOTAL 70.00 0000647 LAMPSHIRE, YVONNE 002855 18417 02/20/1998 290 6005 564.30 -01 REIMBURSE FOR BLINDS 180.13 575 002884 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 24.00 VENDOR TOTAL 204.13 0001292 LANGE, PAT 3822 -18 002796 02/20/1998 290- 6005- 445.04 -00 CLASS REFUND 134.00 VENDOR TOTAL 134.00 0001091 LARSON, DEBORAH S. 2/11/98 002882 02/23/1998 001- 1020 511.40 -04 REGISTRATION FEE 300.00 VENDOR TOTAL 300.00 0000772 LIEBERT, CASSIDY FRIERSON 2/10/98 002864 02/23/1998 001 1045 513.40 -10 CONSULTING 460.00 VENDOR TOTAL 460.00 0001342 LIU, JANIS 463 002923 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 55.85 VENDOR TOTAL 55.85 0001321 L0, CHEW -ER 458 002902 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 PREPARED 0 02/27/1998, 9:59:53 E EXPENDITURE APPROVAL LIST P PAGE 30 PROGRAM: G GM339L A AS OF: 0 02/27/1998 CITY OF SARATOGA e a PREPARED 02/27/1998, 9:59:53 02/25/1998 EXPENDITURE APPROVAL LIST PAGE 11 PROGRAM: GM339L AS OF: 02/27/1998 002950 CITY OF SARATOGA -10 INSTRUCTOR FEES 350.00 VEND NO VENDOR NAME INVbICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000265 MARTIN, JIM 3742 -18 002786 02/20/1998 2/1;1 002811 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 70.00 I VENDOR TOTAL 70.00 0001341 MARTINYAK, BILL 0000291 MCQUEEN, BRYAN 659 002922 02/25/1998 290-6005-445.04 -00 CLASS REFUND 47,75 2/11 002805 VENDOR TOTAL 47.75 0000266 MATHEW, CHRIS 002931 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 80.00 002950 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 350.00 VENDOR TOTAL 430.00 0001283 MATTEINI, ANN 3742 -18 002786 02/20/1998 290- 6005- 445.04 -00 CLASS REFUND 24.00 VENDOR TOTAL 24.00 0000291 MCQUEEN, BRYAN 2/11 002805 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 90.00 002832 02/20/1998 150- 3020 532.30 -01 STORM PHOTO PRINTS 27.25 VENDOR TOTAL 117.25 0001309 MIYAI, TAKOMITSU 181 002883 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 34.00 VENDOR TOTAL 34.00 0001297 MOBILASTICS 002797 02/20/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 377.32 VENDOR TOTAL 377.32 0000502 MONGRAW, FRANK VIOLET 41811 002784 02/17/1998 430 0000 105.00 -00 REFUND PROPERTY TAXES 73.97 VENDOR TOTAL 73.97 0000279 MOONEY, DAVID 2/11 002814 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 10.00 VENDOR TOTAL 10.00 0001019 MORAN, THERESA 278 002892 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 PREPARED 02/27/1998, 9:59:53 ELECTRIC EXPENDITURE APPROVAL LIST PAGE 12 PROGRAM: GM339L 2/5/98 AS OF: 02/27/1998 02/23/1998 001 1050 513.40 CITY OF SARATOGA TELEPHONE CHARGES 1,860.91 002834 868 -9497 002857 VEND NO VENDOR NAME -20 INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001019 MORAN, THERESA TELEPHONE CHARGES 131.34 -23 741 -2271 00012�p1 MURRAY, RANDALL 001 2005 521.40 -20 TELEPHONE CHARGES 17.26 418 002891 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 TELEPHONE CHARGES 14.48 1,355.01 VENDOR TOTAL 47.75 02/23/1998 0000292 NATIONAL PLAN COORDINATOR IRRIGATION CONTROL 14.58 2/11/98 2/26/98 002985 02/26/1998 001 0000 210.20 -01 NPC DEFERRED COMP 2,139.42 2/11/98 002871 02/23/1998 180- 3040 532.40 VENDOR TOTAL 2,139.42 7.29 0000297 O. C. MCDONALD 6428 003015 02/26/1998 001 1060 513.40 -14 FACILITY REPAIRS 908.49 VENDOR TOTAL 908.49 0001339 OFARRELL, SHAWN 528 002920 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000302 ORCHARD SUPPLY HARDWARE 1/26/98 002993 02/26/1998 001 1060 513.30 -02 MISC MAINTENANCE SUPPLIES 337.16 1/26/98 002991 02/26/1998 001 3030 532.30 -01 MISC MAINTENANCE SUPPLIES 5.73 1/26/98 002992 02/26/1998 150- 3005 532.30 -01 MISC MAINTENANCE SUPPLIES 54.02 VENDOR TOTAL 396.91 0000306 PACIFIC BELL ELECTRIC 2/5/98 868 -9099 002856 02/23/1998 001 1050 513.40 -20 TELEPHONE CHARGES 1,860.91 002834 868 -9497 002857 02/23/1998 001 1050 513.40 -20 TELEPHONE CHARGES 33.56 02/23/1998 237 -271- 4652319 002861 02/23/1998 001 1050 513.40 -20 TELEPHONE CHARGES 711.86 001 1060 513.40 867 -8550 002858 02/23/1998 001- 2005 521.40 -20 TELEPHONE CHARGES 131.34 -23 741 -2271 002859 02/23/1998 001 2005 521.40 -20 TELEPHONE CHARGES 17.26 ELECTRICITY 741 -1527 002860 02/23/1998 001 2005-521.40 -20 TELEPHONE CHARGES 14.48 1,355.01 VENDOR TOTAL 2,769.41 0000307 PACIFIC GAS 6 ELECTRIC 2/5/98 002833 02/20/1998 001- 1035 512.30 -20 TUBE TRAILER 13.42 002834 02/20/1998 001 1035 512.30 -20 NATURAL GAS VEHICLE 15.50 2/11/98 002880 02/23/1998 001 1060 513.40 -23 FACILITY MAINTENANCE 2,463.16 2/11/98 002861 02/23/1998 001 1060 513.40 -23 NATURAL GAS STATION 218.02 2/11/98 002869 02/23/1998 001 3030 532.40 -23 PARKS 272.21 2/11/98 002866 02/23/1998 150- 3005 532.40 -23 ELECTRICITY 534.59 2/11/98 002867 02/23/1998 150- 3015 532.40 -23 TRAFFIC SIGNALS 1,355.01 2/11/98 002868 02/23/1998 150- 3025 532.40 -23 IRRIGATION CONTROL 14.58 2/11/98 002870 02/23/1998 180- 3040 532.40 -23 ZONE 10 7.32 2/11/98 002871 02/23/1998 180- 3040 532.40 -23 ZONE 14 7.29 PREPARED 0 02/27/1998, 9:59:53 E EXPENDITURE APPROVAL LIST P PAGE 13 PROGRAM: G GM339L A AS OF: 0 02/27/1998 CITY OF SARATOGA PREPARED 02/27/1996, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 14 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000334 REED GRAHAM, INC. VENDOR TOTAL 45.25 0001217 REED, CHRIS 002929 02/25/1998' 290 6005 564.40 -10 SCORE KEEPER /GYM ASSIST. 160.00 VENDOR TOTAL 160.00 0001338 REES, ELISABETH TRSF 002919 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000335 REEVE, PAULA 002980 02/25/1998 001 2005 521.30 -01 SUPPLIES 13.83 002981 02/26/1998 001 2005 521.40 -05 OES, EMA MILEAGE 13.86 002979 02/25/1998 270- 7015 572.40 -05 CDBG MTG MILEAGE 15.12 VENDOR TOTAL 42.81 0000336 RIVERA, JUAN 2/11 002808 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 90.00 VENDOR TOTAL 90.00 0001306 RODRIGUEZ, ADRIAN 002948 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 525.00 VENDOR TOTAL 525.00 0001348 ROTARY CLUB OF LOS GATOS 022598 002982 02/26/1998 800- 0000 260.10 -00 DEPOSIT REFUND /GREAT RACE 250.00 VENDOR TOTAL 250.00 0000336 ROYAL COACH TOURS 002848 18403 02/20/1998 290- 6005 564.40 -51 BUS TO SHEAR MADNESS 3/25 482.99 005630 -009 002849 18395 02/20/1998 290 6005 564.40 -51 BUS TO NAPA VALLEY 3/19 625.38 VENDOR TOTAL 1,108.37 0001219 RUBALCAVA, PAT 002930 02/25/1998 290 6005 564.40 -10 GYM SUPT. 153.00 VENDOR TOTAL 153.00 0001121 RUSSELL, ANN 002947 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 500.00 VENDOR TOTAL 500.00 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST 02/27/1998 001 1005 511.40 -04 RENTAL OF ROOM FOR PAGE 15 PROGRAM: GM339L 001 1005 511.40 -04 REFUNDABLE DEPOSIT 3/14 100.00 AS OF: 02/27/1998 VENDOR TOTAL 550.00 0001312 SCHEIBLI, SANDY CITY OF SARATOGA 002938 02/25/1998 290 6005 564.40 -10 REFEREE FEES 45.00 VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001121 RUSSELL, ANN 00013'08 RUSSELL, JEFF 002944 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 428.00 VENDOR TOTAL 428.00 0001307 RUSSELL, STANLEY 002946 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 350.00 VENDOR TOTAL 350.00 0000346 SAN JOSE WATER COMPANY 2/98 ,002966 02/25/1998 001 1060 513.40 -22 BUILDINGS 242.27 2/98 002965 02/25/1998 001 3030 532.40 -22 PARKS /OPEN SPACE 506.98 2/98 002964 02/25/1998 150- 3025 532.40 -22 MEDIANS /PARKWAYS 797.63 2/98 002967 02/25/1998 180 3040 532.40 -22 LDSCP /LTG ZONE 3 52.30 2/98 002968 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 12 24.54 2/98 002969 02/25/1998 180 3040 532.40 -22 LDSCP /LTG ZONE 10 84.37 2/98 002970 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 18 14.20 2/98 002971 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 2 5.83 2/98 002972 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 9 219.84 2/98 002973 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 15 67.38 2/98 002974 02/25/1998 180 3040 532.40 -22 LDSCP /LTG ZONE 1 12.27 2/98 002975 02/25/1998 160- 3040 532.40 -22 LDSCP /LTG ZONE 11 37.05 2/98 002976 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 32.40 2/98 002977 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 22 84.37 2/98 002978 02/25/1998 180- 3040 532.40 -22 LDSCP /LTG ZONE 17 75.40 VENDOR TOTAL 2,257.03 0000356 SARATOGA TREE SERVICE 1029 003022 02/26/1998 180- 3040 532.40 -14 EMERGENCY TREE REMOVAL 765.00 VENDOR TOTAL 765.00 0001316 SATHE, VANDANA 260 002897 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001350 SAVANNAH CHANEL VINEYARDS 2/25/98 -A 003026 02/27/1998 001 1005 511.40 -04 RENTAL OF ROOM FOR 450.00 2/25/98 -B 003027 02/27/1998 001 1005 511.40 -04 REFUNDABLE DEPOSIT 3/14 100.00 VENDOR TOTAL 550.00 0001312 SCHEIBLI, SANDY 002938 02/25/1998 290 6005 564.40 -10 REFEREE FEES 45.00 VENDOR TOTAL 45.00 PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 16 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001312 SCHEIBLI, SANDY 00013`37 SCHNEIDER, SCOTT 3781 002918 02 2 5/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000912 SERRANO, SERGIO 2/11 002813 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 90.00 VENDOR TOTAL 90.00 0001336 SHIMIZU, LAURIE 618 002917 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47,75 VENDOR TOTAL 47.75 0000368 SIGNAL MAINTENANCE, INC. 33735 002826 17932 02/20/1998 150- 3015 532.40 -15 SCHEDULED MAINTENANCE 732.64 33843 002827 17933 02/20/1998 150- 3015 532.40 -14 UN- SCHEDULED REPAIRS 48.69 VENDOR TOTAL 781.33 0000370 SKATEWORLD 002953 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 185.60 VENDOR TOTAL 185.60 0001335 SMETS, ANNE 561 002916 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 55.85 VENDOR TOTAL 55.85 0001334 SPARKS, KAREN 544 002915 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000378 STAPLES A651524001 003011 18139 02/26/1998 001- 1050 513.30 -01 OFFICE SUPPLIES 89.79 A926084001 003012 18139 02/26/1998 001 1050 513.30 -01 OFFICE SUPPLIES 65.23 VENDOR TOTAL 155.02 0000119 STATE OF CALIFORNIA 154482 002851 02/20/1998 001 1045 513.40 -10 FINGERPRINT FEES 224.00 VENDOR TOTAL 224.00 0000382 STATE OF CALIFORNIA PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 17 PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND, NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000382 STATE OF CALIFORNIA 2/2 002984 02/26/1998 001- 0000 210.20 -01 FEDERAL P/R TAX DEPOSIT 3,261.79 VENDOR TOTAL 3,261.79 0001284 STATE STREET BANK TRUST COMPANY 00012242 002801 02/20/1998 001 1040 513.40 -10 ANNUAL ADMIN. FEE 1,645.00 VENDOR TOTAL 1,645.00 0001349 AT PEST CONTROL 12316 003016 02/26/1998 001- 1060 513.40 -15 SARATOGA LIBRARY SPRAY 125.00 VENDOR TOTAL 125.00 0001200 TENG, HSIAO -JUNG 493 002889 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001333 TERSINI, TERRY 545 002914 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 55.85 VENDOR TOTAL 55.85 0001332 TETER, CELIA 686 002913 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001331 THOMAS, MARILYN 541 002912 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000396 THOMAS' CLEANING SERVICE 1894 002828 18153 02/20/1998 180- 3040 532.40 -15 VPD #3 LDSCP MTC 450.00 VENDOR TOTAL 450.00 0001330 THORBURN, JESSIE 555 002911 02/25/1998 290- 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0001286 TOH, SIN -WING 3928 18,3934 -28 002788 02/20/1998 290- 6005- 445.04 -00 CLASS REFUND 68.00 VENDOR TOTAL 68.00 0000403 TORRES, RICHARD PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PAGE 1B PROGRAM: GM339L AS OF: 02/27/1998 CITY OF SARATOGA VEND NO VENDOR NAME INVbICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000403 TORRES, RICHARD 2/,1 002806 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 90.00 VENDOR TOTAL 90.00 0000405 TRACTOR EQUIPMENT SALE COMPANY 23525900 003021 02/26/1998 001 1035 512.40 -14 REPAIRS TO CASE LOADER 236.55 VENDOR TOTAL 236.55 0001299 TRI COUNTY LANDSCAPE SUPPLY 20663 002802 02/20/1998 150- 3020 532.30 -01 FILL SAND FOR STORM 411.35 VENDOR TOTAL 411.35 0000499 TSUJI, MINAKO 002956 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 480.00 VENDOR TOTAL 480.00 0000420 VILLALOBOS, JESUS 2/11 002809 02/20/1998 150- 3020 532.30 -01 MEAL REIMBURSEMENT /STORM 70.00 002831 02/20/1998 150- 3020 532.30 -01 REIMBURSE BULBS /LENS 4.09 VENDOR TOTAL 74.09 0000901 W.W. GRAINGER, INC. 7326005340 003020 02/26/1998 001 1040 513.30 -01 ELECTRIC HEATER REPLACE. 45.36 7326052904 003017 02/26/1998 001 1060 513.40-14 FAN BLOWER MOTOR 1/70 HP 31.18 7326058695 003018 02/26/1998 001- 1060 513.40 -14 FAN BLOWER MOTOR 1/70 HP 25.90 7326058794 003019 02/26/1998 001- 1060 513.40 -14 FAN BLOWER MOTOR CREDIT 31.18 VENDOR TOTAL 71.26 0000422 WADA, ISAO 002840 02/20/1998 290 6005 564.40 -10 INSTRUCTOR FEE 177.80 VENDOR TOTAL 177.80 0001313 WAITE, JOHN 400 002887 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 59.00 VENDOR TOTAL 59.00 0001329 WANG, SHIN YAU 133 002910 02/25/1998 290 6005- 445.04 -00 CLASS REFUND 47.75 VENDOR TOTAL 47.75 0000426 WEST COAST BLDG, SERVICE PREPARED 02/27/1998, 9:59:53 EXPENDITURE APPROVAL LIST PROGRAM: GM339L AS OF: 02/27/1998 PAGE 19 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000426 WEST COAST BLDG, SERVICE 2 ;1 :63 002854 02/20/1998 001- 1060 513.40 -15 JANITORIAL SERVICE 1/98 495.00 I VENDOR TOTAL 495.00 0000432 WHITLINGER, TENNIS 3813 18,3815 -18 002837 02/20/1998 290- 6005 564.40 -10 INSTRUCTOR FEE 275.00 002954 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 330.00 VENDOR TOTAL 605.00 0000433 WILKINS, LARRY 002846 02/20/1998 290 6005- 564.40 -10 INSTRUCTOR FEE 931.20 002958 02/25/1998 290 6005 564.40 -10 INSTRUCTOR FEES 1,569.02 VENDOR TOTAL 2,500.22 0000437 WILTENS, JAMES 002959 02/25/1998 290- 6005 564.40 -10 INSTRUCTOR FEES 41.25 VENDOR TOTAL 41.25 TOTAL EXPENDITURES 98,431.74 GRAND TOTAL 98,431.74 City of Saratoga PUBLIC SAFETY COMMISSION December 11, 1997 Minutes I. Roll Call Present: F. Andreson, K. Biester, R. Dippel, T. Edel, A. Fredrick, H. Hexamer, F. Lemmon Others Present: Captain Wilson, Sheriffs Office; Lt. Cary Colla, Sheriffs Office; Chief Laura Lorman, West Valley College; Chief Kraule, Saratoga Fire District, Chief Sporleder, County Fire District; Jill Thompson, ALTRANS; Jennie Hwang Loft, Staff Support to the Public Safety Commission. H. Reporting of Posting of Agenda Pursuant to Government Code Section 54954.2 (more commonly known as the Ralph M. Brown Act), the regular agenda for this meeting was properly posted in front of City Hall on December 5, 1997. III. Approval of Minutes of November 10, 1997 On page 4 under item VII. B., change "stop -sign' to "traffic light on page 7 under item X.C. delete second line in first paragraph. Minutes approved once amended. IV. Oral Communications None V. Continuing Business and Speakers A. Sheriffs Office Captain Wilson, Sheriffs Department, reported that the Sheriffs Department has hired a new School Resource Officer (SRO), Sheriff Deputy Ron Breuss. He thanked Commissioner Frederick for being part of the panel who hired the new SRO. The new SRO duties include more interaction with "problem" kids. The new SRO started work last week; he will be introduced to the City Council at the December 9` adjourned meeting. Captain Wilson also reported that they will have a new motorcycle officer starting January 12, 1998. There will be a total of five motorcycle officers working in this vicinity; there will be one Sheriffs patrol car on swing shift and one motorcycle officer on day shift. 1. Activities Report Lt. Colla, Sheriffs Department, reported on four major incidents in Saratoga. On November 17` a woman. disappeared on Haley Dr.; a search and rescue mission was deployed and she was rescued. On November 24 a woman had possession of narcotics at 24 Hour Nautilus; she was arrested. On November 30 a theft occurred in a backyard on Coastage Dr.; a computer and purse were stolen. On November 30 vandalism and graffiti occurred at Redwood School; some parents were notified and bills were sent to recover vandalism costs. The Sheriffs Department is keeping an eye in this area. 2. PSC Meeting Date Change To assist both the Sheriffs and the Fire Departments' schedules so that they don't need to perform reporting twice in one week (Monday meetings in Saratoga and Thursday meetings in Cupertino), the group agreed to change the Public Safety Commission monthly meeting day. Instead of meeting the second Monday of every month, beginning February 1998, the PSC will meet the second Thursday of every month. The timing of the new PSC meeting day will allow the Sheriffs Department more time to generate extra reports for these meetings. B. Fire Departments 1. Activities Report Chief Sporleder, County Fire District, reported that his activities report is on a 6 -month increment; he will have a report to the group in February. Chief Kraule, Saratoga Fire District, distributed the incident report for Saratoga Fire District. He pointed out the high figures under Medical Emergencies (with patients) category. The Paramedic Program is on track and he works closely with a doctor who oversees the program so that it has quality control. He reported that both departments are working toward the same goal: paramedics would cover the entire area. The group encouraged both chiefs to send a press release to the Saratoga News regarding the Paramedics Program. The post office negotiations did not come through. Chief Kraule will issue another offer in January. 2. Residential Security Bars 2 Chief Sporleder reported that the County Fire District will perform a drive by survey of the entire district to see how many residents in the area have security bars on their homes. In addition, if his firefighters actually go into a home, they will inspect security bars as a value added service. Chief Sporleder stressed the importance of public information on this topic. Chief Kraule will also perform drive -by surveys. 3. Class A Roofing Commissioner Lemmon had spoken to both fire chiefs regarding Class A Roofing. Both chiefs noted that costs of material will have an impact on the reception of Class A Roofing policy. There are economic, aesthetic, and safety issues to be addressed. Both chiefs will write a letter of recommendation to the PSC for the PSC's January retreat. The Commission asked both chiefs what their opinions are about the letter written by the Los Angeles Area fire chiefs association re: proposed revised maintenance regulations for fire extinguishers. Chief Sporleder responded that the situation will resolve itself. C. Chief Laura Lorman, West Valley College Director of Public Safety Chief Lorman, Director of Public Safety for West Valley and Mission Colleges, expressed an interest in working with the City since she works closely with other public agencies including the Sheriffs Department. She distributed some public information about safe driving tips to students via email and placed an ad in the school newspaper when she read the Public Safety Commission minutes regarding speeding issues around the West Valley College vicinity. Chief Lorman echoed her concerns regarding traffic issues around Redwood School and West Valley College. She suggested a no u -turn on left lane turns on Fruitvale Ave. She will also do some public information notifying students of the "No Right Turn on Red" sign at the Saratoga Ave. corner (by the library). Chief Lorman gave a brief history about the West Valley and Mission Colleges' Public Safety Department: established in the 1970's, the campus police have proper field training and investigative backgrounds, and there are 7 officers and 1 chief. The department deals with stalking, drugs, and knives /guns possession challenges. She noted that there's not a lot of forced break -ins, but lots of break ins with keys on campus. 3 r r Chief Lorman communicates with the principal at Redwood School regarding traffic issues. She reported that West Valley College tries to be a good neighbor by being the eyes and ears in the area when the Sheriff s patrols are not around. Chief Lorman is interested in having West Valley College students who are in the Criminal Justice major to resolve some crossing guard challenges at the corner of Fruitvale and Allendale. She looks forward to working with the City. The group also stated that the City would like to work West Valley College to help resolve any traffic- related issues in this vicinity. A. ALTRANS Jill Thompson, ALTRANS, distributed second quarter statistics and reports. She reported that ALTRANS has exceeded their 10 percent goal of vehicle reduction to each participating school in Saratoga; ALTRANS has achieved a 19 percent vehicle reduction instead. ALTRANS recently gave an emissions presentation at Christa McAuliff School; in the Spring, they will give another presentation (in conjunction with the Bicycle Advisory Committee) regarding bicycle safety. They also gave a presentation at Marshall Lane School before Thanksgiving. ALTRANS tries to focus more on the environmental aspects of carpooling (or lack of). Ms. Thompson reminded the group that at the end of the year, schools will have special events (e.g. pizza parties) when schools reach their designated goal of carpooling/biking to school. The group asked Ms. Thompson what the PSC; can do to help ALTRANS. Ms. Thompson replied that more funding for ALTRANS brochures will help it look more attractive. Commissioner Frederick noted that ALTRANS may be spreading themselves too thin with so many schools in Saratoga; perhaps they should focus only on one or two schools. The group noted that perhaps taking out high school students and focusing on elementary/middle school students might have better results. ALTRANS works with individual needs; Ms. Thompson cited a recent example of a bike route set up for one child. Ms. Thompson addressed the status of the compressed natural gas (CNG) bus for carpooling. She reported that Steve Kirsch have been pursuing this project. Discussion of bringing back the yellow school buses ensued. VI. Written Communications 4 r A. Los Angeles Area Fire Chiefs Association Letter re: Proposed Revised Maintenance Regulations for Fire Extinguishers Discussed under item V.B.2. B. Saratoga News Articles Noted. VII. Traffic Matters: 7:30 p.m. A. Proposed Pedestrian Cross -Walk at Saratoga Sunnyvale Rd. /Seagull Way Jennie Loft, Staff Support to the Public Safety Commission, informed the commission that the City has no funding designated for this corner for this year, nor the next fiscal year. Ms. Loft was instructed to write the resident of this situation. VIII. New Business A. Public Safety Commission Election of Chairperson and Vice -Chair The commission elected Hugh Hexamer as Chair and Frank Lemmon as Vice Chair for 1998. Both accepted their posts graciously. B. City Code Review Project Commissioner Frederick noted to the group that there is a discrepancy regarding the PSC Code Enforcement Task Force's suggestion regarding complaint calls. In the latest Saratogan, it states that the PSC Task Force assisted with procedural changes and that the Code Enforcement Division "no longer responding to anonymous complaints..." Commissioner Frederick reminded the group that the PSC Task Force agreed that the first complaint call may be anonymous, but not the second call. The commission raised a concern: if the CSO's cannot monitor every City code violation, will the City deteriorate? Chair Hexamer reminded the group of the City Code Review Project where City codes should be reviewed. Further, the group is concerned since the Sheriffs Technician and the City's CSO report to different public agencies that they may have different protocols. Therefore, it is imperative that both work from the same protocol for city code violations. E t l r. Chair Hexamer mentioned that he was invited to the last Good Government Group meeting and he reported to them that the commission is working on the City Code Review Project. Ms. Loft announced to the group that Commissioner Edel will meet with the City's CSO, Rebecca Spoulos, to discuss the Code Enforcement Division's program and the City Code review project. The commission directed Commissioner Edel to be their voice in this meeting by voicing their concerns. Ms. Loft will also invite Ms. Spoulos to the March Public Safety Commission meeting for their quarterly report. IX. Old Business A. Appoint New Bicycle Advisory Committee (BAC) Liaison Fran Andreson was elected the new Bicycle Advisory Committee (BAC) Liaison for the Public Safety Commission. He accepted this new post. B. January Retreat: Where, When, 1997 Accomplishments, and 1998 Priority List The PSC will have its annual retreat on 'Wednesday, January 7, 1998 at Florentine /Trattoria Restaurant from 5 p.m. to 9 p.m. Commissioners Frederick, Edel, and Andreson handed in their 1997 accomplishments and 1998 priority lists. The other commissioners will mail/fax their lists to Ms. Loft by December 23rd Ms. Loft will consolidate all lists for the January Retreat meeting. C. Review of Traffic Calming Study Criteria When Completed by Staff (Information Only) Ms. Loft distributed the RFP by the City Manager, Larry I. Perlin. The RFP will be presented at the Council adjourned meeting on December 9 6 Ms. Loft noted to the commission that their input will be included as noted in the RFP. Commissioner Lemmon distributed radar trailer computer data collected during the period of August through December 1997. Discussion of how the data could assist the City with traffic calming issues ensued. D. Personal Emergency Preparedness 4 -Page Tabloid Chair Hexamer will have a strategy for the Personal Emergency Preparedness 4- Page Tabloid at the January Retreat. X. Commissioners Projects and Reports r1i A. Hexamer: Traffic Safety and Highway 85; Update on Improving Citizen's Traffic Relations As mentioned under item VIII.B., Chair Hexamer reported that he was invited to the last Good Government Group meeting and reported that the PSC is working on the City Code Review Project. B. Biester: Sheriff Liaison; COPS Liaison None C. Frederick: Schools and SRO Activities; ALTRANS Liaison Commissioner Frederick reported to the group that she participated on the panel who hired the new SRO. She also reported that a crossing guard has been hired at Herriman. D. Dippel: Public Outreach and Emergency Preparedness None Commissioner Dippel asked about the response to Hakone Gardens' letter a few months back regarding pot holes. Ms. Loft will report back to the group as to the status of this request. E. Lemmon: Fire Safety/EMR; Fire Safety Center Liaison; COPS Liaison None F. Andreson: Liaison to Saratoga Woods Emergency Preparedness Team (SWEPT); Bicycle Advisory Committee (BAC) Liaison None G. Edel: Code Enforcement Liaison Commissioner Edel has a meeting scheduled on December 22, 1997 to learn more about the Code Enforcement Division. He will report back to the group. XI. Commissioner Items Ms. Loft distributed a notice from the Deputy City Clerk to the group regarding an upcoming public hearing on December 17` about the COPS funding; she also notified the group of the street adjustment (the center divider will be moved closer 7 c to Chef Chau's Restaurant's side and making the rest of the same sided street all red zone) on 4 street as part of the Village Valet Parking plan. XI. Adjournment The meeting ended approximately at 9:40 p.m. Respectfully Submitted, J ie Hwang LoA- PSC Staff Support i� City of Saratoga PUBLIC SAFETY COMMISSION ANNUAL RETREAT Held at Florentine/Trattoria Restaurant January 7, 1998 5 p.m. Minutes 1. Roll Call Present: F. Andreson, K. Biester, R. Dippel, T. Edel, A. Fredrick, H. Hexamer, F. Lemmon Others Present: Rebecca Spoulos, City Community Service Officer; Jennie Hwang Loft, Staff Support to the Public Safety Commission. U. Reporting of Posting of Agenda Pursuant to Government Code Section 54954.2 (more commonly known as the Ralph M. Brown Act), the regular agenda for this meeting was properly posted in front of City Hall on January 5, 1998. Jennie Loft, staff support to the Public Safety Commission (PSC), distributed the agenda along with discussion topics, 1997 PSC accomplishments, and 1998 PSC priorities. She also distributed page 18 of the Winter '98 Saratogan article, "Code Enforcement News and a letter for the committee to review from Chief Sporleder and Chief Kraule regarding Class A Roofing. III. Oral Communications None IV. Speaker: Rebecca Spoulos, City Community Service Officer Rebecca Spoulos, City Community Service Officer (CSO) distributed the CSO Procedural Manual and statistics of CSO cases for 1996 and 1997. Ms. Spoulos introduced the CSO Procedural Manual. Ms. Spoulos compared the statistics of CSO cases between 1996 and 1997. She noted that there's a drop in CSO cases in 1997, from 750 cases to 419 cases. Ms. Spoulos contributed the decrease in cases to: 1) prioritization of cases, 2) no acceptance of anonymous phone calls (the City does not reveal complainer's identification), and 3) "farm out" cases to other public agencies (the County's weed abatement program, Sheriffs Office, Green Valley Disposal, the Humane Society, other City departments). She went over step -by -step the CSO complaint procedure: get name and telephone number, put info into City's computer system (Code Enforcement will convert to the new data program, HTE, in a few months), Ms. Spoulos reviews cases, ensures that the cases are indeed legitimate complaints, sets priority of cases, and "farms out" cases to appropriate personnel. To follow through on a case, the Sheriff's Technician or the City's CSO will contact the property owner of their violation by phone or in person or by letter. Ms. Spoulos noted that during winter months there are fewer case loads than in summer months. During the heavier load case months, the complainers are instructed to assist the City by calling again if the problem persists; this helps with prioritization. When the case is remedied, it is closed out from the computer. If the case is not remedied, Ms. Spoulos may cite the property owner which may lead to a criminal filing of the case, and ultimately the City Attorney will assist with case. After the person is cited, Ms. Spoulos will send a letter to the property owner to discuss the citation and give the property owner options to deal with the citation. Most residents cooperate with the City; 5 percent of CSO cases take up most of Ms. Spoulos' time. Ms. Spoulos explained the role of the Sheriffs Technician. The Sheriffs Technician started in the first week of September; had 7 -8 weeks of training with Ms. Spoulos and the Sheriff's Office. Ms. Spoulos explained that the Sheriff's Technician handles the more black and white cases where Ms. Spoulos handles City zoning codes, interpretive codes, the more complex and time consuming cases. Ms. Spoulos added that the Human Society has really helped especially with the time consuming issues like barking dogs, etc. Ms. Spoulos has surveyed other cities when considering revising an ordinance. The "no anonymous phone call" policy versus the PSC Code Enforcement Task Force's recommendation that a first call to the City can be an anonymous phone call and the second call cannot be anonymous was discussed. Ms. Spoulos reminded the group the level of cuts that the Code Enforcement Division has gone through over the 13 years that Ms. Spoulos has been with the City. Currently, the City has a 32 hour a week CSO, a 25 hour a week Sheriffs Technician, and an 1 /8` of a clerk. The Sheriff's Technician works a 40 hour a week, but approximately 15 hours a week is devoted to law enforcement. In order to maintain the quality of life in Saratoga, the commission supports the Code Enforcement Division and recommends another full time CSO and increasing Ms. Spoulos' work week to 40 hours a week. Ms. Spoulos reported on a few other projects she has been working on: parking ticket citation vendors, false alarm billing, and revising false alarm appeals from 3 tier appeals to 1 tier. In the very near future, Ms. Spoulos will also address false alarm appeals. At 6:05 p.m. the group took a break and had dinner. N At 7:15 p.m., the group resumed the retreat. V. Orientation A. Purpose of Retreat The group understood that the retreat was a time to focus on the commission's priorities. B. Establish Time Limits for Topics No time limit was established for topics. VI. Review of 1997 Accomplishments The group reviewed their accomplishments; they edited and added a few other accomplishments. The PSC 1997 accomplishments were: Installation of computer in radar trailer for more accurate data gathering. Action on citizen complaints. Annual Public Safety Appreciation picnic. Hiring of Sheriff Technician with COPS funding. Commission monthly review of community crime statistics. Response to traffic conditions at Homes Dr./Brockton. Response to various traffic complaints. Encouraged the addition of paramedics to local fire units. Recommended Saratoga Ave./Herriman intersection traffic study. Quarterly meetings with School Resource Officer (SRO) committee. Monitoring of ALTRANS efforts to reduce school traffic. Continuance of the School Resource Officer. Continuance of crossing guards. Participation in selection of new School Resource Officer. Recommended to City Council processes for effective Code Enforcement under limited budget. Maintenance of adequate public safety budget during budget restructuring. VII. Project Discussion and 1998 Commission Assignments The commissioners were satisfied with their current assignments and would like to continue their assignments through 1998. The group was reminded that should a commissioner need help with a project, he /she need only to ask. VIII. Discussion Topics 3 The commission reviewed discussion topics. They were as follows: Ems Emergency Plan How can we inform citizens? Training for commissioners More in -house training for City employees Fire Bi- monthly reports /semi annual reports is this working? Do we need a different format? Class A Roofing Paramedic Program How's it working? Sheriff's Department Monthly reports is this working? Do we need a different format? Motorcycle Cop experiment Traffic Radar Trailer No U -turns in left lanes on Saratoga Ave. /Allendale vicinity Resolve Saratoga Ave./Fruitvale and Fruitvale Ave. /Allendale traffic challenges Training for commissioners Photo Radar/Red Light Radar Traffic Calming Study Criteria Bicycle Advisory Committee Tutorials /Speakers Emergency Preparedness specialists dangers of creek flooding Water District emergency preparedness County Communications County Emergency Preparedness Director Rick Reed PG &E Schools Crossing Guards ALTRANS SRO Budget Priorities Additional crossing guards SRO PSC Annual Picnic Funds for contract or in -house traffic engineer Additional Traffic Officer Community Outreach Personal Emergency Preparedness 4 -Page Tabloid Work with schools and West Valley College reminding parents, students of traffic safety around schools Commission Organization 4 i u Start time of meetings Frequency of joint meetings with City Council (2 scheduled in 1998 (Feb. and August) along with Sheriffs Dept.) Commissioner special areas of liaison Ride -a -longs Council Meeting Attendance Code Enforcement Division Procedures Performance Monitoring of cases, time to resolve, etc.) City Code Review Increase CSO Staff Sheriff Technician Joint Council /Commission Meeting Agenda and Assignments Class A Roofing Traffic Radar Data Traffic Calming Study Criteria Code Enforcement Division IX. Listing of Top Public Safety Concerns The commission reviewed 1998 priorities for the Public Safety Commission. They edited and added more items. The PSC 1998 Priorities are (not in any order): Monitor and evaluate redesigned Code Enforcement program effectiveness /Increase CSO Staff. Review Pride's Crossing traffic management RFP responses re: cost effectiveness and as potential City traffic calming models. Monitor Sheriffs traffic enforcement program including impact of motor officer and desirability of added traffic officer. Encourage continued funding of ALTRANS trip reduction program if preliminary results show concrete promise including the potential for a parent funded busing system. Publish Personal Emergency Preparedness flyer for Saratoga News distribution. Initiate formal Council consideration of a Class A roofing ordinance project. Initiate City Codes review. Continuing to seek solutions of Saratoga/Fruitvale traffic problems. Continuance of School Resource Officer (SRO). Continuance of Crossing Guards and evaluate the feasibility of increasing Crossing Guards to original five. Continuing participation in COPS funding allocation. X. Items for Council Mid -Year Budget Review The group recommended review of another crossing guard and another traffic officer. XI. Items for Transmission to City Council at Executive Meetings A. Commission /Council Relationship Chair Hexamer will discuss with group when the occasion arises. B. Other None. XH. Other Matters Chair Hexamer asked the group to review Chief Sporleder's, County Fire District, and Chief Kraule's, Saratoga Fire District, letter addressed to Mayor Wolfe regarding Class -A Roofing. The group thought the letter was on target concerning issues of Class -A Roofing. The cost issue of differential between various class roofing grades was discussed. Along with the letter from the Chiefs, the council will also receive a video of the CATS Fire, the Los Gatos Fire. Ms. Loft was instructed to direct a copy of the letter to the Planning Commission Chair. All agreed that there be another Annual Public Safety Appreciation Picnic in 1998. The group will begin fundraising strategies in upcoming PSC meetings. The group agreed that the public safety commission annual retreat is important and would like to continue this tradition. XIII. Adjournment The meeting ended approximately at 9:10 p.m. Respectfully Submitted, Jennie Hwang Lot( PSC Staff Support R SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO: MEETING DATE: March 4, 1998 AGENDA ITEM: CITY MANAGER: t ORIGINATING DEPARTMENT: Community Development PREPARED BY: James Walgloo =unity Development Manager SUBJECT: Request for Waiver of Temporary Use Permit Fees Saint Andrew's Episcopal Church Recommended Motion Deny the request and direct the applicants' to submit an application for Temporary Use Permit, with the $500 permit fee. Re ort Representatives of Saint Andrew's Episcopal Church are requesting that the City Council waive the $500 permit fee necessary to process and approve a Temporary Use Permit for their planned Celtic Faire. Their attached letter details the event, to be held on Saturday and Sunday, May 23 and 24, 1998. The Faire is described as the Church's major fund raising event of the year. Temporary Use Permits are required for these types of special events. A copy of the ordinance is attached. The permit fee is intended to recover the staff time expended reviewing and issuing the permit. The City Council has consistently denied fee waiver requests since 1995, when the first of the City's two recent budget reductions went into effect. With the City's most recent downsizing and budget reductions, it is even more critical that the City maintains its full -cost recovery policy. An alternative to waiving the fee would be to not require the Temporary Use Permit. While certain events such as the Rotary Art Show at the West Valley College are clearly special events unrelated to the College, the Council could find that a two -day fund raising Celtic Faire at the Saint Andrew's Church is reasonably within the range of activities that a Church provides. A literal reading of the ordinance seems to indicate that the Temporary Use Permit is required since the Faire would be a temporary special event beyond the scope of the Church's basic Use Permit. The Church's original City Use Permit dated December 26, 1962 is attached for reference. Early Use Permits issued by the City commonly contained very little in terms of project information, conditions or restrictions. More recent Use Permits are very specific as to the scope of the project and the conditions under which it is to be operated. Public Notice No public notice or hearing is required for this request. Saint Andrew's Episcopal Church Page Two Fiscal Impacts None. Either the City will recover its costs by imposing the $500 permit fee, or the permit will not be required. Follow -up Actions A Resolution reflecting the City Council's determination will be prepared for adoption at the next available meeting. Consequences of Not Acting on the Recommended Motio The City will not issue a Temporary Use Permit for the two -day Celtic Faire. Attachments: 1. Applicants' letter requesting fee waiver 2. Use Permit No. 44 Saint Andrews Parish 3. Article 15 -60 of the City Code Temporary Uses February 9, 1998 City Council, City of Saratoga C/O James C. Walgren 13777 Fruitvale Avenue Saratoga, California 95070 Dear Council Members: o 7 CITY I am writing in behalf of the Parish of St. Andrew's Episcopal Church. The application for the Temporary Use Permit for our Celtic Faire, which will take place on Saturday and Sunday, May 23 and 24, 1998, will be submitted soon to the City of Saratoga. It is our understanding the fee must be submitted with the application. The Celtic Faire will be our major fund raising event for the calendar year. This is the first year for this faire and it has been in the planning stages for the last 6 months. The objective of the faire is to include the entire community in a celebration of the Celtic tradition. Plans include areas of interest for all ages, including children and seniors. There will be live entertainment during the entire event on two outdoor stages featuring music and dancing in the Celtic tradition. Food and drink booths will offer traditional fare. A children's area will offer story telling and games. Reinactors will perform in authentic tradition. A high noon luncheon is planned which we feel will be especially enjoyed by the senior population. Several Celtic clans will be represented for the purpose of education. Although we do not plan any competitive games, there will be live demonstrations of the Celtic games. The front end costs of sponsoring such an event are quite high. We are unable to calculate how many people will attend the event for the first year, therefore we find it difficult to estimate the funds this event will raise. Controlling our up front costs is of prime concern. We respectfully request a reduction in the $500 permit fee for the following reasons: 1. The Faire is planned to be held entirely on the grounds of Saint Andrew's property, at 13601 Saratoga Ave., Saratoga. 2. We do not foresee the use of any public property or city services. 3. The Faire is our fund raising event for the entire year. As a non -profit entity we must control our costs as much as possible. 4. The event is geared to entertain and educate the entire community. We appreciate your consideration in this matter and we look forward to hearing from you as soon as possible. You may contact me or the Rector at St. Andrew's, Rev. Ernest Cockrell at 867 -3493 if further clarification is needed. CC: Carl Sue Beckham Rev. Ernest Cockrell Patricia Catlin 408/353 -3972 Saint Andrew's Episcopal Church Respectfully, Tin PERMIT and /or VARIANCE RESOLMON NO. UP" 4 City of Saratoga Planning Comission State of California Pile No. UP-44 WHEREAS, the City of Saratoga Planning Commission has received the applica- tion of SAINT ANDREWS PARISH for a Use Pe it o Q nprel rhu rrh use of the property located at Saratoga Avenue a Crestbrook Drive D and WIDZRBAS, the applicant (has) (hopmoO met the burden of proof required to support his said application; Mw, TMMEFORE, BE IT RESOLVED that after careful consideration of maps, facts, exhibits and other evidence submitted in this natter, the application for the Use Permit be, and the same is hereby (granted) (dear subject to the following conditions: 1) Building Site Approval 2) Design Review Approval 3) The City of Saratoga Planning Commission shall retain continuing jurisdiction over the Use Permit herein granted and expressly reserves the right to, from time to time, modify, delete or make additions to any or all of the con- ditions thereof or to terminate or extend the-Use Permit, either on its own motion or on the application of the appflcant, in order to preserve a substantial right of the applicant or to preserve the health, safety, morals, convenience or welfare of persons residing or working in surrounding areas, or to preserve existing or pro- spective values of property and improvements, or to prevent a public nuisance. BE IT FURTHER RESOLVED that the Report of Findings attached hereto be ap- proved and adopted, and that the Secretary be, and is hereby directed to notify the parties affez.-ed by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 26th day of December 196, by the following toll call vote: AYES: Commissioners Anderson, Cowley, Crisp, Glenn, Johnson and Kellum. NOES: None. ABSENT: Commissioner Webster. Chaisvan, Saratogd Planning Commission A (i) Burden of proof. Wherever in tbdSection the legalization of an existing second unit r the occupancy thereof depends upon the establi aent of any event occurring on or before a specified the burden of proof shall be upon the applicant. (j) Numerical limit. U permits for legalization of existing second units s not be subject to or included within the numerical 'tation prescribed in Section 15- 56.070. 15- 56.120 Illegal second units. The es hment or continuance of a second unit without a ,Ase permit is hereby declared to be unlawful and shaYconstitute a misdemeanor and a public nuisance. Any vk lation of this Article shall be subject to the penalties as pfescribed in Chapter 3 of this Code. Article 15-60 TEMPORARY USES Sections: 15- 60.010 Temporary uses allowed by permit. 15- 60.020 Application for use permit; fee. 15- 60.030 Issuance of use permit; conditions. 15- 60.040 Applicability of other Code provisions. 15- 60.050 Addition of temporary uses. 15- 60.060 Appeals. 15- 60.010 Temporary uses allowed by permit. (a) For the purposes of this Article, the tens "temporary use" means an activity described in Paragraph (b) of this Section, whether profit or non -profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total of ten days within a thirty day period, the application may be acted upon and a temporary use permit issued by the Planning Director, otherwise, the application shall be acted upon by the Planning Commission. (b) The following described temporary uses may be permitted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article: (1) Art shows. (2) Craft shows. (3) Antique shows. (4) Outdoor sales on public or private property. (5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code. 361 15- 60.030 (6) Home tours. (7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes. (8) Additional temporary uses added by the Planning Commission in accord with Section 15- 60.050. (9) Temporary on -site and off -site signs in conjunction with the above uses. 15- 60.020 Application for use permit; fee. Application for a temporary use permit shall be filed with the Planning Director, on such form as he may pre- scribe, at least thirty days prior to the proposed date of the event The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council, and shall include the following: (a) Name and address of the applicant. (b) Statement that the applicant is the owner of the property or is the authorized agent of the owner. (c) Address or description of the property on which the use will be conducted. (d) Two copies of a site plan which shall include the following: (1) Designation of area to be occupied by the use. (2) Existing structures and improvements. (3) Provision for off street parking. (4) Site location diagram. (5) Identification of all property owners and uses within a radius of five hundred feet from each boundary of the site. (e) A written description of the event to include: (1) Activities planned during the event (2) Days and hours of operation. (3) Sales of goods (if any). (4) Number of people involved in operating the event and number of people anticipated to attend. (5) Explanation of how and where food (if any) is to be served. (6) Explanation of the number and location of sanitary facilities to be provided. (f) A location diagram and drawing of any temporary signs proposed for identification of the use or off -site direction to the use. Off-site sign proposals must be accom- panied by written statements of authorization signed by the owners of the sites on which said signs are to be located. 15- 60.030 Issuance of use permit; conditions. (a) The Planning Director or-the Planning Commission, as the case may be, may grant a temporary use permit upon a finding that the temporary use is compatible with the purposes and objectives of this Chapter, and in doing so 15- 60.030 shall impose such reasonable conditions as circumstances may require, including, but not limited to, the following: (1) A refundable clean -up deposit, in such amount as may be appropriate. (2) Limitation on the length of time, the days of the week, and the hours of the day during which the activity may be conducted. (3) Approval by the County Health Department if food is to be sold in connection with the activity. (4) Approval by the chief of the fire district in which the activity will be conducted if such activity involves any risk of fire, explosion, or other similar hazard. (5) Approval by the Sheriff s department if the activity requires any traffic or crowd control or involves any potential threat to the public safety. (6) Provision for sanitary facilities. (7) Limitation on the size, number, location and duration of temporary signs advertising the activity. (b) The Planning Director or the Planning Commission may deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval for the identical use by the same applicant shall not be given more than once in a twelve -month period. 15- 60.040 Applicability of other Code provisions. Notwithstanding the provisions of this Article, any fair, amusement park, circus, carnival or other similar activity for which a permit is required under Section 4- 10.010 of this Code, or any special event for which a permit is required under Article 10 -10 of this Code, or any use of a public park for which a special permit is required under Article 11 -10 of this Code, shall be governed by such other provisions of this Code and no separate use permit therefor shall be required pursuant to this Article. 15- 60.050 Addition of temporary uses. Upon application or its own initiative, the Planning Commission may add other temporary uses to the list thereof set forth in Subsection 15- 60.010(b), so long as such additional uses fall within the definition of "temporary use" as set forth in Subsection 15- 60.010(a), and upon a finding that each use will not be detrimental to the public health, safety or welfare and will not adversely affect the character of the district in which it will be conducted, and will not create odor, dust, dirt, smoke, noise, vibration, illumination, Yom, unsightliness, hazard of fire or explosion, traffic congestion or other objectionable influence. 15- 60.060 Appeals. Any determination or decision by the Planning Director or the Planning Commission under this Article may be appealed to the City Council in accordance with the proce- dure set forth in Article 15 -90 of this Chapter. Article 15-65 NONCONFORMING USES AND STRUCTURES Sections: Replac ent of damaged or 15- 65.010 Purposes of Article. 15- 65.020 Continuation in general. 15- 65.030 Exemption of nonconforming single family and multi -fa 15- 65.110 dwellings. 15- 65.040 Routine maintenance; 1' tatia on repairs. 15- 65.050 Change of use. 15- 65.060 Expansion of non nforming 15 -65.14 uses. 15- 65.070 Expansion of nconforming structures. 15- 65.080 Terminatio of nonconforming 15 .160 uses and ctures by 15- 65.090 Replac ent of damaged or destr ed no facility. 15- 65.100 Rep cement of damaged or de yed nonconforming s ucture. 15- 65.110 limination of nonconforming uses and structures after lapse of time. 15- 65.120 Determination of value. 15- 65.130 Determination of age. 15 -65.14 Authorization of nonconforming uses and structures by use permit or variance. 15 -6 150 Unsafe buildings. 15 .160 Nonconforming sites. 15 -6 -010 Purposes of Article. MS Article is intended to limit the number and extent of onconforming uses and structures by prohibiting their e gement, intensification, re- establishment after abandon ent or restoration after destruction and requiring their termination after reasonable periods of time. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do 362