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HomeMy WebLinkAbout12-01-1982 CITY COUNCIL AGENDAi AGENDA BILL NO. 341 DATE: December 1, 1982 CITY OF SARATOGA DEPARTMENT: Administrative Services SUBjBCr: Change in Appropriations Issue Sutmary Initial: Dept. Hd. C. Atty. C. Mgr. - Village Library Renovation On November 3, 1982, the City Council awarded a.bid to W. G. Moss, in the amount of $21,900 for renovation and repairs to the Village Library. Staff proposed the use of Revenue Sharing money for the project and an Appropriations Resolution No. 1099.2 was passed on November 3, 1982. Staff is recommending a change in the funding source :for this project. We are now recommending the appropriations come from the General Fund .rather than Revenue Sharing. Construction projects funded by Revenue Sharing must meet stringent requirements related to affirmative action and payment of wages at levels designated by the _Department of Labor. The contractor awarded the bid, W. G. Moss, is an inde- pendent small contractor with no full time employees. He inteiads to do part of the work himself and subcontract part -of the work to others. We are concerned this contractor may not be able to fully comply with the stringent Revenue Sharing requirements and are thus recommending the change in funding sources to avoid any Revenue Sharing audit`problems. Recommendation Approve Resolutions No. 1099.3 and 1099.4 authorizing a change in appropriations from Revenue Sharing to General Fund in the amount of $21,900. Fiscal Impacts The above action will increase the available balance in the Revenue Sharing fund, and will decrease the available balance in the General Fund. Staff is prepared to offer another budget General Fund balance if Council wishes to expense with Revenue Sharing dollars. Exhibits /Attachments Resolutions No. 1099.3 and 1099.4. Council Action change to offset the decreasing explore funding an ongoing operating 12/1: MALLORX/MOYLES MOVED TO ADOPT RESOLUTIONS 1099.3 and 1099.4. Passed 3 -0. Pi RESOLUTION N0. 1099.3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INCREASING APPROPRIA- TIONS AND AMENDING THE 1982 -83 FISCAL YEAR BUDGET WHEREAS, it is recommended that the following adjustment be made increasing the present budget appropriations: NOW, THEREFORE, BE IT RESOLVED, that the budget of the City of Saratoga adopted by Resolution 1099 be amended as follows: Subsidiary: Purpose: $21,900.00 from general ledger account 30 -2940 Revenue Sharing Appropriations to general ledger account 30 -2905 Revenue Sharing Reserve for appropriation increases. Fund 30 - Revenue Sharing Program 964 - Village Library Renovations To revers the appropriation increase for repairs and renovations to the Village Library, made on November 3, 1982. The project will instead bz,� funded through the general fund. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the day of , , by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 0-1 MAYOR s� RESOLUTION NO. 1099.4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGI INCREASING APPROPRIA- TIONS AND AMENDING THE 1982 -83 FISCAL YEAR BUDGET WHEREAS, it is repo mended that the following adjustment be made increasing the present budget appropriations: NOW, THEREFORE, BE IT RESOLVED, that the budget of the City of Saratoga adopted by Resolution 1099 be amended as follows: Transfer: $21,900.00 from general ledger account 21 -2905 General Fund Reserve for Appropriation Increases, to general ledger acoount 21 -2940 General Fund Appropriations. Subsidiary: Purpose: Fund 21 - General Find Program 964 - Village Library Renovations To make repairs and renovations to the Village Library. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the day of , , by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk MAYOR CITY OF SARATOGA AGENDA BILL NO DATE: 11/23/82 DEPARTMENT: City Clerk Initial: Dept. Hd..� C. C. Mgr. SUBJECT. RESOLUTION DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE Issue Summary This year the City is attempting to better reconcile the varying requirements of the Government Code, the City Code, and the City's agreement with the County with respect to weed abatement procedures. The first step is performed by the County (formerly the Fire Marshall, now the Building Official), which determines what properties have excessive,weed growth. The County sends notices to the property owners informing them that the weeds must be abated if they do not abate the weeds themselves, when discing will commence, and how they may present objec- tions to the City Council. The Council then passes a resolution (attached) setting the date for the public hearing for any objections. The public hearing is properly noticed in the newspaper. After hearing the objections, the Council passes another resolution ordering abate- ment on properties whose owners did not object or whose objections the Council felt were not valid. The final steps take place next summer, when the County presents the Council with a ii:st : of- properties whose abatement bills have not been paid, and the Council, after hearing objections, passes a resolution declaring liens on those properties. Recommendatior. Adopt attached resolution. Fiscal Impacts None to City. County recovers its costs from administrative portion of fee charged. Exhibits /Attachments Resolution. List of parcels requiring weed abatement (available at City Clerk's office) Council Action 12/1: Mallory /Moyles moved to adopt resolution 2027. Passed 3 -0. a x_,11 RESOLUTION NO. RESOLUTION DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPOPERTY TO BE A PUBLIC NUISANCE WHEREAS, <%reds are growing in the City of Saratoga upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds attain such growth as to becz)me a fire menace or which are otherwise noxious or danaerous; and WHEREAS, said weeds constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows: 1. That weeds do now constitute a public nuisance; 2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the County Building Official and attached hereto; 3. That it is ordered that Wednesday, the 15th day of Dece;:ber, 1982, at the hour of 8:00 p.m. in the Saratoga Civic Theater, 13777 Fruitvale Avenue, is hereby fixed as the time and place when objections to the proposed destruction or removal of said weeds shall be heard and given due consideration; 4. That the County Building Official is hereby designated as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in the Health and Safety Code Section 14890 et sed., and as the person to hereafter cause abatement of such seasonal and recurrina nuisance. The above and foregoing resolution was passed and adopted by the Saratoga City Council at.a regular meeting held on the :Ist day of December, 1982, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor LJ CITY OF SARATOGA 1� p Initial: AGENDA BILL NO. Dept. Hd. DATE: November 24, 1982 C. Atty. DEPARTMENT: Planning & Policy Analysis C. Mgr. ------------------------------------------ - - - - -- SUBJECT:. Municipal Solar Utility Ordinance Issue Summary 1. With the passage of AB -3788 (Hannigan) people that lease a solar energy system from a municipal solar utility (MSU) established before January 1, 1983 may be eligible for a 55% solar tax credit offered by the State. ' 2. Proposed ordinance before the Council provides Saratoga residents the opportunity to take advantage of this tax credit. This ordinance needs to be adopted by December 31, 1982 for Saratoga residents to qualify. 3. The City will need to become part of a joint powers agreement with other West Valley cities in order to create an effective MSU. An analysis of this ordinance and its potential impacts will be prepared for the December 15, 1982 Council meeting. 4.,. No-public hearing is required. Reccnmiendation 1. Conduct. the first.reading.of. the MSU Ordinance 2. Direct questions or concerns ',regarding the MSU Program to staff so they can be addressed at the December 15th meeting. 3. Council needs to determine how much staff time will be allowed to set up an MSU and what level of involvement the City will be willing to maintain. Fiscal Imoacts Yet to be determined. Will depend on level of City involvement and the nature of the MSU. •` Exhibits /Attachments Exhibit A - Municipal Solar Utility Ordinance Council Action 12/1_: Mallory/Moyles roved to introduce by title only, waiving further reading. Passed 3 -0. 12/15: Clevenger /Mallory rroved to adopt by title, waiving further reading. Passed 5 -0. 1 GX�'libI� IBC ORDINANCE NO. Ali ORDINANCE OF THE CITY OF SARATOGA ESTABLISHING A MUNICIPAL SOLAR UTILITY PROGRAM AND ESTABLISHING AN INTENT TO REGULATE THE LEASING OF SOLAR ENERGY DEVICES The City Council of the City of Saratoga does hereby ordain as follows: Section 1. Findings. The City Council of the City of Saratoga hereby makes the following findings: a) The residents of Saratoga face the certainty of continued escalating prices for home energy supplies and continued dependence upon imported sources of energy. b) Solar energy has been found to be an inexhaustible, reliable and non - polluting energy resource that can contribute to the public health, safety and welfare of the citizens of Saratoga by lessening dependence upon non - renewable and imported sources of energy. c) The high initial cost of purchasing and installing a solar energy device is the primary economic barrier to expanded solar energy use. Leasing of solar energy devices has proven to be an effective means to reduce this economic barrier and may be an attractive economic alternative to ownership for many consumers. d) Under Section 17052.5 of the State Revenue and Taxation Code, California taxpayers who partially own and partially lease on premises a solar energy system from a Municipal Utility or any lessor granted a permit from a Municipal Solar Utility established by ordinance of the local jurisdiction prior to January 1, 1983, are eligible to claim the California Solar Tax Credit. e) The establishment of a Municipal Solar Utility Program can increase public awareness of solar energy alternatives and lead to a greater degree of consumer protection and consumer confidence in leasing solar energy systems, thus substantially increasing the use of solar energy within the City of Saratoga. Section 2. Intent. It is the intent of t.iis ordinance to establish a Municipal Solar Utility within the City of Saratoga, for the purpose of satsifying the requirements contained in Section 17052.5 or Section 23601 of the California Revenue and the Tax Code, and for the purpose of facilitating the leasing of solar energy devices and to establish regulating authority for any solar leasing operation that may be conducted under the program. Section 3. Definitions. For the purpose of this ordinance, the following words and phrases shall have the meanings ascribed to them by this section. a) Municipal Solar Utility A Dunicipal Solar Utility (MSU) shall mean a program conducted by the City of Saratoga or its authorized agent to promote the utilization of renewable energy and energy conservation technologies through leasing of solar energy systems as provided by Revenue Taxation Code, Section 17052.5. b) Solar Lease A solar lease means a contract for the leasing of solar energy systems owned by the lessor and used by the lessee, which are affixed to, or located at, and servicing the real property owned, or occupied by the lessee. c) Solar Lessor Solar Lessor shall mean any individual or entity arranging, pursuant to a lease, for installation and servicing of solar energy systems. d) Solar Energy System Solar Energy System means equipment and materials that are intended to be located on or affixed to real property that uses solar energy for the purpose of any of the following: 1) Domestic, recreational, therapeutic, or service water heating; 2) Space conditioning; 3) Production of electricity; 4) Process heat; 5) Solar mechanical energy; and 6) Wind energy for the production of electricity or mechanical work. The term "solar energy system" shall include, but is not limited to, passive thermal systems, semipassive thermal systems, active thermal systems, photovoltaic systems and wind - driven systems. Section 4. Regulation of Solar Leasing Operations a) No individual or entity shall.operate,as a certified solar lessor under the Municipal Solar Utility Program of the City of Saratoga as established herein without having obtained a valid solar leasing permit from the City of Saratoga. Such a permit shall authorize the conduct of solar leasing operations under the Municipal Solar Utility Program for a period of one -year and shall be renewable. b) After the effective date of this ordinance, and within forty -five (45) days after receiving the first written request from a solar lessor for a solar leasing permit, the City Council shall by resolution establish all requirements for obtaining certification under the Municipal Solar Utility Program. Such requirements shall be limited to those which protect consumers against inexperienced or financially unstable solar leasing companies, sub- standard equipment or installation practices, or unfair lease arrangements. Section 5. Fees. Reasonable fees shall be charged to cover the costs of administering this ordinance and may be established by resolution of the City Council. Passed and adopted by the City Council of the City of Saratoga on December 1982 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CLERK MAYOR ` CITY OF SARATOGA � /�^ Initial: aw AGENDA BILL NO. S ! ' Dept. Hd. DATA: December 1, 1982 C. Atty. DEPPJZrMENT• Administrative Services C. Mgr. SUW=: Lease Agreement for Village Library Issue Sunmary On November 3, 1982, the City Council awarded the bid for repairs to the Village Library and directed staff to have a signed lease agreement for the future use of the facility whithin thirty (30) days. Attached is a draft lease agreement which has been discussed and reviewed.with representatives of the Friends of the Library and VITA. A preliminary draft prepared by staff was reviewed by Steve Baird of Paul'Smith's office, changes were made as a result of Steve's review and are included in the attached lease aareement. The final lease agreement will be before you for adoption on December 15, 1982. One of the attachments to the lease, a diagram of space allocation, has not yet been drawn.up to include with the lease agreement. There is no disagreement on space allocation, it.has merely been a matter of finishing the drawing. The attached agreement has been reviewed by the Board of the Friends of the Library and has been reviewed by their attorney. I have also received verbal agreement from Miles Rankin, representing VITA, that the attached agreement is acceptable to VITA. Recommendation Direct staff to proceed on finalizing the lease agreement and return to Council for final approval on December 15, 1982. Fiscal Impacts At the time of the lease adoption, staff will be recommending to Council that revenues received from rent ($300 a month) be available for incidental repairs as needed. No money was budgeted in the 1982 -83 budget to cover minor repairs which may arise durina the term of the lease. Exhibits /Attachments Lease Agreement Council Action 12/1: Consensus to wait until building is ready. r T VILLAGE LIBRARY LEASE THIS .LEASE is entered into in the City of Saratoga, - County of Santa Clara, State of California, by and between the CITY OF SARATOGA, a municipal corporation (Landlord /Lessor to this Lease), and the FRIENDS OF THE SARATOGA LIBRARIES, and VALLEY INSTITUTE OF THEATER ARTS, as Co- Tenants (Tenants /Lessees to this Lease). 1. Premises. Landlord hereby leases and Tenants hereby rent the following described property, hereinafter called "premises:" The Saratoga Village Library Building, located at 14410 Oak Street, Saratoga, California, comprising an area of approximately square feet. 2. Term. The term of this Lease shall be for a period of one (1) year. The term of this Lease, and Tenants' obligation to pay rent, shall commence on , 1982, and continue through , 1983, in accordance with the terms herein, unless sooner terminated as hereinafter provided. 3. Tenant VALLEY INSTITUTE OF THEATER ARTS shall pay to Landlord as rent in advance on the day of each calendar month of the term of this Lease, without deduction, offset, prior notice or demand, the sum,of Three Hundred Dollars ($300.00) per month, in lawful money of the United States. Tenant Friends of the Saratoga Libraries shall pay to Landlord as rent in advance on the first day of the term of this lease, without deduction, offset, prior notice or demand, the sum of $1.00 as rent for the entire term of this lease. Said rent payments are to be made payable to the CITY OF SARATOGA and are to be delivered to the offices of the CITY OF SARATOGA, 13777 Fruitvale Avenue, Saratoga, California 95070. If the day of the month falls on a holiday, Saturday, or Sunday, payment must be made on the following business day. Any payment received more than ten (10) days f: come= d�= d- C— etheypay;neT_- cie�t =�Jn,__,��V_ _;ts PU du -_-4a--t—_ or which is not honored and is returned to the Landlord, shall be subject to a Ten Dollar ($10.00) per day penalty to be l assessed from the due date of the payment in question. 4.1 Use. Tenant the FRIENDS OF THE SARATOGA LIBRARIES- -- -- LIBRARIES- shall use and occupy the premises during the term for the operation of a used bookstore and for no other purpose without the prior written consent of the Landlord. Tenant VALLEY INSTITUTE OF THEATER ARTS shall use and occupy the premises during the term for general administrative office purposes and for no other purpose without the prior written consent of Landlord. Tenants shall not use or permit the premises or any part thereof to be used for any purpose or purposes other than the purpose or purposes for which the premises are leased. 4.2 No use shall be made or permitted to be made of the premises or acts done which will increase the existing rate of insurance on the premises, building, or any of its contents, or cause the cancellation of any insurance policy covering the premises, building, or any part thereof. If any act on the part of the Tenants or use of the premises by Tenants shall cause, directly or indirectly, any increase of Landlord's insurance, such additional expense shall be paid by Tenants to .Landlord upon demand. Tenants shall not sell or permit to be kept, used or sold in or about the premises any article which may be prohibited by the standard form of fire insurance policies. Tenants shall not permit any person to smoke in or about the premises. 4.3 Tenants shall not commit or suffer to be committed any waste upon the premises or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located. Tenants shall not use the premises or permit the premises to be used in whole or in part for any purpose or use that is deemed to be in violation of any of the laws,'ordinances, regulations or rules of any public authority or organization at any time. Any such violation shall be determined by the Landlord at the Landlord's sole discretion. 2. 4.4 Landlord shall have the right from time to time to prescribe reasonable rules and regulations which in its judgment may be appropriate for the use of the premises and the building. Upon notification to Tenants of such rules, Tenants agree to _ comply therewith and any failure to so comply shall constitute a default under this Lease. 5. Utilities. Landlord, at its expense, has provided adequate sewer, water, electricity, and gas lines, pipes, and conduits, to and from the leased premises. Tenants shall, during the term hereof, pay all charges for telephones, gas, electricity, water, heat, air conditioning, replacement of bulbs and florescent tubes, window washing, janitorial and cleaning services, and removal of rubbish, trash, and garbage. 6.1 Assignment. Tenants shall not assign this Lease voluntarily or by operation of law, or any right hereunder, nor sublet the premises or any part thereof, without the prior written consent of Landlord. 6.2 No consent to any assignment of this Lease, volun- tarily or by operation of law, or any subletting of the premises, shall be deemed to he a consent to any subsequent assignment of this Lease voluntarily or by operation of law, or to any subletting of the premises, except as to the specific instance covered thereby. Any such assignment of this Lease, voluntarily or by operation of law, or any subletting of the premises, without obtaining the prior written consent of Landlord, shall be void and at the option of Landlord shall terminate this Lease. 7. Condition of Premises and Repairs. By accepting occupancy of the premises, Tenants shall be deemed to have agreed that the premises are in good order, condition and repair and Landlord makes no warranties or guarantees hereunder. Tenants, at their own expense, shall maintain in good order and repair all portions of the interior of the leased premises (including windows) but not including the roof and exterior walls, paving and landscaping, floor structure, pipes and conduits, and utility installations, all of which shall be maintained by the Landlord. 3. 3 The Landlord shall also be responsible for the upkeep, maintenance ana repair of heating and air conditioning systems serving the leased premises. Tenants shall make all repairs of every kind to the interior of the leased premises except repairs of a structural nature, or which are caused by structural failure. 8.1 Alterations. Tenants shall not make or permit to be made any alterations, repairs to, changes in, and additions to the premsses without the prior written consent of the Landlord. All alterations, repairs, changes and additions that may be required shall be done either by or under the direction of the Landlord at the cost of Tenants, and shall become immediately the property of Landlord and shall remain upon and be surrendered with the premises at the termination of the term of this Lease. 8.2 All repairs to be made hereunder by Landlord shall be made with dispatch, and in such a manner and at such time as to cause the least inconvenience to Tenants in the conduct of their businesses. Landlord may permit Tenants to undertake emergency repairs if and when such emergency repairs have been approved in advance by a duly authorized reresentative of the Landlord. All such repairs to be made by Landlord are subject to City of Saratoga budget constraints and may be the subject of review by the Saratoga City Council. The Saratoga City Council reserves the right to deny funding for repairs and seek termination of this Lease Agreement, as provided by the terms of this Lease Agreement. 8.3. Tenants, upon the termination of this Lease or the expiration of the term hereof or for any other reason, shall quit and surrender the premises in good order, condition and repair, reasonable wear and tear and damage by fire, an act of God, or the elements excepted. Upon the termination of this Lease or the expiration of the term or otherwise, Landlord shall have the option to require Tenants to remove.from the premises, at Tenants' expense, all improvements placed on the premises by Tenants, including, but not -limited to, incandescent light fixtures, tract lights, counters and cabinets, and the premises thereafter to be restored to its previous condition, at the expense of Tenants. 4. 8.4 Tenants shall keep the premises and building of which the premises are a part free and clear of any liens, and shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction.of Tenants. In the event any liens are filed, Tenants shall do all acts necessary to discharge any lien within ten (10) days of filing, or if Tenants desire to contest any lien, then Tenants shall deposit with Landlord such security as Landlord shall demand to insure the payment of the lien claim. In the event Tenants shall fail to pay any lien.claim when due or shall fail to deposit the security with Landlord, then Landlord shall have the right to expend all sums necessary to discharge the lien claim, and Tenants shall pay an additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any lien, including attorney's fees and costs. 9. Signs. Tenants shall not place or permit to be placed in, upon, about or outside the said premises or any part of the building in which the premises are located, any signs without the prior written consent of Landlord. All exterior_ signs must be approved in advance by the City of Saratoga Community Development Department, and must meet applicable Citv zoning regulations. 10. Right of Entry. Landlord and its agents shall have the right at any reasonable time to enter upon the premises so long as it does not interfere with the business activities of the Tenants on the premises, for the purpose of inspection, serving or posting notices, maintaining the premises, making any necessary repairs, alterations or additions to any portion of the premises (including the erection and maintenance of scaffolding, partitions and repair equipment as shall be required), complying with the laws, ordinances and regulations, protecting the premises, or for any other lawful purpose. Tenants waive any claim for damages, including loss of business, resulting therefrom. 11. Liability and Indemnification. Landlord shall be free of all liabilities and claims for damage by reason of any 5. injury or death to any person or persons, including Tenants, or property of any kind whatsoever and to whomsoever belonging, including Tenants, from any cause or causes whatsoever, including acts or omissions or other tenants in the building, during the term of this Lease or any extension or renewal thereof, or any occupancy hereunder, and Tenants hereby agree to indemnify, save harmless and defend Landlord from all liability, damages, loss, costs and obligation, including court costs and attorney's fees, on account of or arising out of or alleged to have arisen out of, directly or indirectly, any such injuries, death, or losses, however occurring. Landlord shall not be responsible for any damage caused Tenants' property resulting from any malfunction from any mechanical, plumbing or electrical unit, connection or wiring hereunder nor from any leaks resulting from the structural members, including the roofing on building. Landlord makes no warranty or representations regarding the condition of any of the above, and Tenants, by taking occupancy hereof, are deemed to assume the premises on an "as is" basis. 12.1 Insurance. Each Tenant agrees to and shall within ten (10) days from the date of execution of this lease, secure from a good and responsible company or companies doing insurance business in the State of California, and maintain during the entire term of this Lease, the following insurance coverage in a form satisfactory to Landlord: Liability Coverage: Public liability insurance in the minimum amount of $500,000.00 per tenant for loss from an accident resulting in damage to or destruction of property, or for loss from an accident resulting in bodily injury to or death of one person. Fire Insurance: Fire and extended coverage insurance upon Tenants' fixtures, goods, wares and merchandise, in or upon the leased premises, with coverage in an amount of not less than $ M. Additional Insureds: Landlord and Tenants agree that the other shall be named as an additional insured on the aforementioned-policies of insurance. Subrogation Waiver: .Landlord and Tenants agree that in the event of loss due to any of the perils for which they have agreed to provide insurance, that each party shall look solely to its insurance for recovery. Landlord and Tenants hereby grant to each other on behalf of any insurer providing insurance to either of them with respect to the demised premises, a waiver of any right of subrogation which any such insurer of one party may acquire against the other by virtue of payment of any loss under such insurance. Tenants shall obtain a written obligation on the part of any such insurance company to notify Landlord within ten (10) days in writing of any delinquency in premium payments and of any cancellation of any such policy. Tenants agree if Tenants do not take out such insurance or keep the same in full force and effect, Landlord may take out the necessary insurance and pay the premium therefor and Tenants shall repay to Landlord the amount so paid by having such amount deemed to be additional rental and payable as such in the next rental payment due. Tenants shall deliver to Landlord copies of policies of liability insurance required herein or certificates evidencing the existence and amount of such insurance with loss payable clauses satisfactory to Landlord. Tenants shall give Landlord sixty (60) days' written notice of any intent to cancel or modify any policy hereunder. 13. Compliance with Laws and Rules. Tenants and Tenants' agents, servants, and employees, visitors and licensees shall observe and comply strictly with all reasonable rules adopted or which are adopted hereafter for the care, protection, cleanliness, and proper operation of the building and all the Tenants in the building. Landlord shall have no obligation to Tenants as a result of the violation of any such rules by any Tenants or any other person. Landlord shall maintain a copy of 7. such rules in the office of Landlord for inspection by Tenants at any reasonable time. All of such rules shall be deemed a material term to this Lease. 14. Destruction. If the premises, or any portion thereof, are made untenantable by fire, the elements, or other casualty, rent for the entire premises, or rent for the effected portion of the premises, shall abate from the date of such casualty to the date of restoration of tenantability. Under this condition, this Lease may be terminated by Landlord or Tenants with thirty (30) days' written notice. 15. Termination or Cancellation. Landlord may terminate this Lease and take possession of the premises, all without waiving any rights which it may have at law hereunder, following any of these events: (a) If a Tenant should fail to pay rent due hereunder within thirty (30) days following written notice of default therein; or (b) If Tenants shall fail to correct any violation of this Lease Agreement within thirty (30) days after written notice thereof. Landlord may terminate this Lease following a decision of the Saratoga City Council to terminate. Landlord shall provide Tenants with sixty (60) days' written notice of such termination. The Saratoga City Council reserves the right to terminate the Lease with one (1) Tenant and renegotiate a Lease Agreement with the remaining Tenant. In the event of any lease cancellation or termina- tion of one (1) Tenant, the Landlord shall give a sixty (60) day notice of termination to the remaining Tenant. The Landlord agrees to give the remaining Tenant first option to lease the entire premises for the remaining duration of the term of this Lease upon such terms and conditions as may be negotiated and agreed upon at that time. This provision does not in any way obligate the Landlord to forfeit rental payments. go Either Tenant may terminate this Lease Agreement by giving sixty (60) days' written notice to Landlord. Forfeiture of the security deposit posted by the Tenant will be required. 15. Attorney's Fees. Should either party hereto institute any legal action to enforce any provision hereof, the prevailing party in such action shall be entitled to receive from the losing party such amount as the court may adjudge to be .reasonable attorney's fees and costs. 17. Holding Over. Any holding over after the expiration of the term of this Lease by Tenants shall be deemed to be a tenancy from month -to -month and except for the term thereof shall be on the same terms and conditions specified herein, so far as are applicable. 18. Waiver. The specified remedies to which Landlord or Tenants may resort under the terms of this Lease are cumulative and not intended to be exclusive of any other remedies afforded by law. No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of Landlord, and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance of all or any portion of rent at any time shall not be deemed to be a waiver -of any covenant, term or condition except as to the rent payment accepted. 19.. Notice. All notices or demands of any kind required or desired to be given by Landlord or Tenants hereunder shall be in writing and shall be deemed delivered seventy -two (72) hours after depositing the notice or demand in the United States Mail, postage prepaid, addressed to Tenants at the address of the premises, whether or not Tenants have departed therefrom, abandoned or vacated the premises, and as to Landlord, at 13777 Fruivale Avenue, Saratoga, California 95070, or such other address as shall be designated by either party in compliance with the provisions of this paragraph. k1 20. Attachments. The attachments listed below shall be z- ttached to this Lease Agreement and shall be considered part of this Lease Agreement: (a) Diagram of space allocation. (b) Utility cost- sharing agreement. 21. Entire Agreement. This Lease, and the attachments hereto, represent the sole and entire agreement of the parties hereto, and all other agreements, discussions, representations, or negotiations, oral or written, express or implied, are merged herein and succeeded by this Lease. Dated: Dated: Dated: 10. CITY OF SARATOGA, a municipal corporation By WAYNE DERNETZ City Manager FRIENDS OF THE SARATOGA LI3RARIES MR VALLEY INSTITUTE OF THEATER ARTS CITY OF SARATOGA r AGENDA BILL NO. Op DATE: December 1, 1982 SUBJECT: Weed Abatement Initial: Dept. Hd. N I L4 Ihft.._� aW Issue StmTnary The Saratoaa Municipal Code declares all weeds growing in certain locations on private property and along rights of way to be a fire hazard and public nuisance. The City has contracted with Santa Clara County for abatement of this nuisance and hazard, as part of the County -wide abatement program. The County seeks to recover its cost of administration of the program through a surcharge on the abatement assessment. The current surcharge amount does not fully cover the County's cost of administration and so the County proposes to raise the sur- charge fee from 45% to 650. The County also proposes to change the designated enforcement officer from the Fire Marshal (now defunct) to the Building Inspector who now assumes responsibility for the program. The amendment to the agreement is needed to authorize these chances Recommendation 1. Approve the attached amendment to the Weed Abatement Agreement with Santa Clara County. 2. Authorize the Mavor to sign the amendment on behalf of the City., Fiscal Impacts None, for the City to approve the amendment. If the Council does not approve the amendment, the City may have to find some other means for providing weed abatement or discontinue the service. Either option could have unknown fiscal impacts. Exhibits /AttachTents 1. 11/10/82 letter from Countv and attached First Amendment to Agreement Between County of Santa Clara and City of Saratoga for Abatement of Weeds. 2. 11/15/82 letter from County -Building Official providing summary of .losses incurred for weed abatement services. Council Action 12/1: Moyles /Mallory moved to adapt amendment and authorize mayor to sign. Passed 3 -0.. i County of Santa Clara California LAI Environmental Management Agency (! Building Inspection Division ounty Government Center, East Wing 70 West Hedding Street San Jose, California 95110 299 -2351 Area Code 408 Mr. J. Wayne Dernetz City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Weed Abatement Program Dear Mr. Dernetz: November 10, 1982 \� 1 This is in response to a recent meeting held by Sally Reed, County Executive,, and your office concerning an adjustment from 45% to 658 of the administrative fee for weed abatement services provided by the County to the contracting cities. Attached is an amendment to the agreement between the County of Santa Clara and the City which was prepared by the County Counsel's Office. After approval of the agreement by the City, please return it to our office for execution by the County. It would be helpful if this matter could be agendized as soon as possible in order for our office to notify property owners in December. Please feel free to contact me if you have any questions. TS/k enc. Yours very truly, Thomas Shih, Manager Building Inspection Division An Equal Opportunity Employer FIRST AMENDMENT TO AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND CITY OF SARATOGA FOR ABATEMENT OF WEEDS The agreement previously entered into on November 2, 1981 be- tween the County of Santa Clara (County) and the City of Saratoga (City), is hereby amended to increase the charge for County's costs in administering the weed abatement program and to provide for administration of the program by any County official desig- nated by the County Board of Supervisors. IT IS AGREED between the parties as follows: 1. Statement of Costs. Section 6 of the agreement for abate- ment of weeds shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respec- tive parcels of land in the City on or before the tenth day of August of each year, which shall include the County's administra- tive cost of 65% of the cost of the weed abatement contractor for the respective parcels ._for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signa- ture of the County official administering the weed abatement program. 2. County Administration. Section 14 is added to the agree- ment for abatement of weeds to read as follows: This agreement shall be administered on behalf of County by the County Building Inspector or by any other County official designated by the County Board of Supervisors. 3. Effective Date. This agreement shall be effective on the -1- y date of execution by the parties. The increased charge for County's administrative costs shall be effective commencing with the 1983 weed abatement season. Executed by the County of Santa Clara on COUNTY OF SANTA CLARA ATTEST: Clerk Chairperson, Board of Supervisors Board of Supervisors Executed by the City of Saratoga on CITY OF SARATOGA Approved as to form Robert J. Meriifee Deputy County Counsel RJM:mw 094 7L -2- Mayor, City of Saratoga _ r County of Santa Clara California Mr. J. Wayne Dernetz City Manager City of Saratoga 13777 Fruitdale Avenue Saratoga, CA 95070 Subject: Weed Abatement Program Dear Mr. Dernetz: Environmental Management Agency Building Inspection Division County Government Center, East Wing 70 West Hedding Street San Jose, California 95110 299 -2351 Area Code 408 November 15, 1982 Per your request, attached is a copy of the Weed Abatement Cost and Revenue for FY 82 & 83. Please feel free to contact me if you have any questions. Very truly yours, THOMAS SHIH Building Official TS: ac Attachment S) An Equal Opportunity Employer ATTACHMENT Weed Abatement Program Charges SALARIES & BENEFITS True Cost /o Position 1981 -82 10 Fire Marshal $ 5,462 10 Senior Deputy Fire Marshal 4,630 100 Weed Abatement Inspector (2) 44,382 100 Clerical (1) 22,620 100 Extra Help 5,000 Subtotal 82,094 SERVICES & SUPPLIES (20%) Subtotal COUNTY OVERHEAD (10 %) Subtotal CONTRACTOR'S CHARGE (billed on calender year basis) Total Cost Revenue Loss Projected Cost 1982 -83 $ 5,899 5,000 47,932 24,430 7,000 90,261 18,052 98,513 108,313 9,851 .10,831 108,364 119,144 244,301 269,137 352,665 388,281 323,030 29,635 382,392 ::• CITY OF SARATOGA i AGENDA BILL NO. DATE: December 1, 1982 DEPART =: Administrative Services SUBJECT: Three Month Extension - Green Initial: Dept. Hd. C. Atty C. Mgr. Valley Franchise Agreement Issue Sunnary The current agreement with Green Valley Disposal Company for garbage services. expires December 31, 1982. The four cities involved-in negotiating a new master franchise agreement, Saratoga, Los Gatos, Campbell and Monte Sereno, have all given conceptual approval to the draft franchise document. In order to complete the necessary legal review, budget.review, and rate setting process under provisions of the new franchise, it will be necessary to grant a short extension to the current agreement. Recommendation Authorize a three month extension to the current franchise agreement with Green Vallev Disposal Company. The three month extension would expire on March 31, 1983. It may.not be necessary to use the entire three month period. As soon as the legal review and budget review are complete, staff will return to Council for the final franchise approval. Fiscal Impacts None Exhibits /Attachments Backaround Memorandum Council Action 12/1: Mallory. /Moyles moved to authorize 3 -month extension. Passed 3 -0. a®6® INIENIORANDUNI 09'XW @:T 0&z&'XQ)(5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 887 -3438 TO: Mayor and Council FROM: Assistant City Manager DATE: November 23, 19 8 2 SUBJECT: Three Month Extension - Green Valley Franchise Agreement The current aareement with Green Valley Disposal Company expires on December 31, 1982. The City.Councils of Saratoga, Los Gatos, Campbell and Monte Sereno have all given conceptual approval to a new master franchise document. It is necessary to have a legal review of the draft franchise document in order to put the franchise agreement into the proper legal language. Representatives of the .four cities have agreed to work with the City Attorney for Monte Sereno, Mr. Frank Gillio, to complete the legal review. Cost to the City of.Saratoga will be approximately $375. We expect to return with a completed franchise agreement in January. Concurrent with the legal review, representatives of the four cities have begun the budget review process with Green Valley officials. Under -the draft franchise agreement, the budget review and rate setting pro- cess is to be done once every three years. Green Valley has submitted a preliminary three year budget and we are in the process of reviewing their budget projections, expenses, and revenues. As a result of the time needed for the legal review and the budget re- view, staff is recommending a three month extension to the current franchise agreement. The extension would expire on March 31, 1983. It is.possible the entire three months may not be necessary. As soon as the review processes are complete, staff will return to the Council for final approval of the new master franchise agreement. The legal review of the franchise agreement should be complete by the end of January. However, staff will not be recommending final adoption of the franchise until the Green Vallee budget review and rate setting pro- cess are completed. As soon as staff review of the budget and rates is complete, we will schedule a study session with Council to review issues and questions -rou may have at that time. Patr' is A. Mullens ck