HomeMy WebLinkAbout09-17-1997 CITY COUNCIL staff reportsSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. . ., , 1
MEETING DATE: September 17, 1997,
ORIGINATING DEPT.: Administrative Services
AGENDA ITEM 7
__4CITY MANAGER
SUBJECT: Amendment to Reorganization Plan for Fiscal Year 1997/98
Recommended Motion(s): Approve resolution amending the Fiscal Year 1997/98 reorganization
plan.
Report Summary: Attached is a resolution amending the 1997/98 reorganization plan for a revision
to the authorized permanent positions.
In mid -July, the City Manager and the Community Development Manager informed the City
Council of a plan to restructure the Community Development Division to improve service delivery.
Specifically, an Associate Planner (0.25 FTE) was eliminated and an Assistant Planner (0.5 FTE)
was added. Approximate cost of this change was $8,000 per annum.
In late August, the City Manager and the Administrative Services Director informed the City
Council of a plan to restructure the Administrative Services Department in a measure to cut costs,
reduce positions and improve operations. Specifically, an Administrative Services Manager (0.6
FTE) and a Senior Accountant position (1.0 FTE) was eliminated and an Administrative Analyst
(0.5 FTE) was added. Approximate savings of this change is $11,000 per annum. (A
memorandum from the Administrative Services Director, dated September 2, 1997, is attached).
Fiscal Impact: Based on preliminary salary ranges, the fiscal impact to the budget is minimal —a
net savings of $3,000 is anticipated. A budget resolution reflecting any changes in salary ranges
will be submitted subsequent to completion of labor negotiations.
Follow Up Actions: Complete necessary recruitments; prepare budget resolution upon completion
of negotiations.
Consequences of Not Acting on the Recommended Motions: Improvements in organizational
structure will not be made.
Attachments: Resolution with organization charts
Report form Administrative Services Director
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13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070
(408) 867 -3438
MEMORANDUM
TO:
Larry Perlin, Interim City Manager
FROM:
Thomas Fil, Administrative Services Director
SUBJECT:
Administrative Services Department Reorganization Proposal
DATE:
September 2, 1997
Purpose
The purpose of this memorandum is to recommend a new organization structure for the Administrative
Service Department which will cut costs, reduce positions and improve operations. This
recommendation comes as a result of operating under the current organization structure for several
months and my desire to capitalize on an opportunity to make changes while key positions are vacant,
namely the Administrative Services Manager and the Senior Accountant.
Observations
During the last several months, I have carefully analyzed the department's staffing needs and now
reached the following conclusions:
• The Accounting Division has the appropriate number and level of Office Specialists to handle the
workload, however, the current configuration with the Senior Accountant lacks sufficient planning,
direction and oversight to effectively process the daily workload or meet future reporting
requirements,
• The Administrative Analysts in the Human Resources & Administration Division are exceeding my
expectations. With moderate supervision, I believe they are quite capable of handling the majority
of responsibilities assigned previously to the Administrative Services Manager. An additional .5
FTEs Analysts allocated to this function should be sufficient for the division to meet the workload,
• Due to the nature and importance of the projects being implemented by the Technology Division,
this function should continue to report to me directly. Moreover, I believe we can sufficiently meet
our MIS needs with the current staff level if we continue to augment staff with contractor's on an
"as needed basis ",
• The Facilities Maintenance Division has a leadworker who performs maintenance duties, as well as,
coordinates the work of two custodians. With assistance from an Office Specialist in the
Accounting Division, this division is adequately staffed and functions very well on its own. Since I
am directing major building maintenance projects any ways, this division can continue to report to
me directly.
Proposal
I have concluded that the following personnel changes are necessary:
• Eliminate the Administrative Services Manager and the Senior Accountant positions,
• Consolidate the accounting functions under a full time Accounting Manager, and
• Increase the workload assigned to the Administrative Analysts by .5 FTEs.
(Please reference the attached Proposed and Current Organization Charts)
Cut Costs
This proposal is estimated to cut annual costs by approximately $11,000. These savings are achieved
by utilizing staff paid a combined rate which is lower than what is currently budgeted and by reducing
FTEs. A schedule outlining the personnel savings is attached.
Reduced Personnel
This proposal reduces the department's FTEs by .1. However, it also reduces a layer of supervision in
the Human Resources, Technology and Facilities Maintenance functions. These areas will now report
directly to me in a flatter organization.
Improved Operations
Most importantly, this proposal will improve the operational efficiency and effectiveness of the
department. Specifically, I anticipate the following improvements:
• Eliminates a part time manager. This was an awkward fit for the department and the functional
duties for the position were incongruous,
• Reduces supervisory personnel and increases accountability for line decisions,
• Improves department's ability to meet future reporting requirements to Council by employing staff
with the relevant skills and abilities to perform the work, e.g. Financial Visibility System,
• Improves our system of internal controls over treasury and accounting operations by providing the
appropriate oversight for those activities,
• Allows the department to record, process and report on financial data more timely and accurately
by consolidating the accounting functions under one manager.
Concluding Remarks
As I stated previously, this proposal will cut costs, reduce positions and improve operations. The
proposal is consistent with Council's directives to "rethink" our staffing needs each time a vacancy
occurs. It also improves our ability to meet our goals, objectives and performance standards
established during the budget deliberations.
As you known, as a result of these vacancies the department is currently short staffed. With
accounting system conversion and the annual audit underway, I would appreciate your help in
proceeding with implementing these changes at the earliest point in time.
Please see me if you have any questions.
Thank you.
Attachments
cAfilm=o\=0902.97
Proposed AdministratiN,e Sere ices Department
Current Administrative Services Department
City of Saratoga Administrative Services Department Reorganization
Personnel Savings Estimate
Positions Removed Positions Added
Position Amount Position I Amount I Total
Administrative Services Manager (.6)
Senior Accountant
9/3/97 17:13
c:\ ilniemo\cm0902.97 attachment
$ 40,060 Accounting Manager
68,401 Administrative Analyst (.5)
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18 401:
$75,241
21,893
M
9/12/97 6:12 PM
Community
Environment
Director
Community
Development
Associate Planner
Assistant Planner
(1.5 FTE)
Senior Building
Inspector
uilding Inspectors
(2 FTE)
Plan Check
Engineer
ommunity Service
Officer (.8 FTE)
Office Specialist
Current City of Saratoga Organization Chart
City Council
City Manager
Administrative
Services Director
Public Works
Services Senior Accountant
Assistant Engineer
Senior Engineering
Technician
Administrative
Analyst (.5 FTE)
Public Services
Assistant
Office Specialist
Comm. Env.
27.8 FTE
r
Office Specialists (2
Street Maintenance
FTE)
Leadworker
Office Specialist
Street Maintenance
Specialist
Street Maintenance
Workers (4 FTE)
Park Maintenance
Leadworker
Park Maintenance
Specialist
Park Maintenance
City Attorney
(Contract)
Administrative
Services Manager
6 FTE
Administrative
Analyst
Facility
Maintenance
Leadworker
Custodians (2 FTE)
Technology
Coordinator (.5
Office Specialist
Workers (3 FTE) Admin. Srvc.
Office Specialist 11.1 FTE
Total FTE I
48.05
Recreation Director
(.9 FTE)
Administrative
Analyst (.9 FTE)
Recreation Facility Coordinator
Supervisors (2 FTE) (.6 FTE) Deputy City Clerk
Office Specialists
(1.75 FTE) Office Specialist
Rec. Srvc. City Mgr.
5.25 FTE 1 3.9 FTE
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.`
MEETING DATE: SEPTEMBER 17, 1997
ORIGINATING DEPT.: COMMUNITY
ENVIRONMENT
r
AGENDA ITEM 0
CITY MANAGER:
DEPT. HEAD: d9X1 i .
SUBJECT: Ordinance amending Ordinance No. 71 -152 concerning signs within the public
right -of -way
RECOMMENDED MOTION(S):
Move to introduce the Ordinance by title only waiving further reading.
REPORT SUMMARY:
The City Attorney has drafted the attached Ordinance which, if adopted, will do two things. First,
it will repeal the sunset clause in Ordinance No. 71 -152 which, among its several provisions,
added subsection (h) to Section 15- 30.030 of the Municipal Code. Under Ordinance No. 71 -152,
subsection (h) was to have sunset on November 30 of this year, effectively eliminating it from the
Municipal Code. The provisions of subsection (h) prohibit the placement of signs within the
public rights -of -way with limited exceptions.
Second, the proposed Ordinance clarifies that signs in connection with special events for which a
Special Event Permit is issued pursuant to Section 15- 30.180 of the Municipal Code may be
placed within the public rights -of -way if specifically approved as a part of the permit. The
purpose for this clarification is to remove any future doubts about the legality of mainly
directional signs for events such as the Rotary Art Show, the Strawberry Festival, and Celebrate
Saratoga. To clarify this point, the City Attorney has added language to subsection (h) which
makes reference to Section 15- 30.180. Also, it is proposed to amend Section 15- 30.180 to allow
the City Manager, as well as the City Council, the authority to issue Special Event Permits and to
permit the placement of signs in connection with special events. The thought behind this
amendment is to reduce the administrative burden associated with issuing Special Event Permits,
particularly when an application for such a permit is received shortly before when the event is
scheduled.
FISCAL IMPACTS:
There are none associated with adoption of the Ordinance. Ultimately, the administrative costs
associated with issuing Special Event Permits could be reduced somewhat.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The Ordinance will not be introduced. Potentially, subsection (h) could sunset on November 30.
To prevent this from happening, an Ordinance repealing the sunset provision of Ordinance No.
71 -152 needs to be adopted by October 31.
FOLLOW UP ACTIONS:
The Ordinance will be scheduled for second reading and adoption on October 1.
ATTACHMENTS:
1. Ordinance.
2. Municipal Code Section 15- 30.030.
3. Municipal Code Section 15- 30.180.
SEP -12 -97 FRI 14:13 MEYERS,NAVE,RIBACK &SILV, FAX NO 510 351 4481 P.02/04
ORDINANCE NO, 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REPEALING THE SUNSET CLAUSE IN
ORDINANCE NO. 71 -152 RELATING TO SIGNS UPON
PUBLIC RIGHTS -OF -WAY; AND AMENDING: SECTIONS 15- 30.180
AND 15- 30.030(h) OF THE CODE OF THE CITY;OF SARATOGA
RELATING TO SPECIAL EVENT SIGN PERMITS
i
Recitals
A. WHEREAS, on October 18, 1995 the City Council adopted Ordinance
No. 71 -152 amending Sections 15- 30.030, 15- 30.150 and 1�- 30.160 of the Code of
the City of Saratoga relating to signs upon public rights -of -why; and
A(1) WHEREAS, contained within Ordinance No. 71-152 as Section 4
thereof, is a "sunset clause" stating that "this Ordinance shall remain operative
through November 30, 1997, after which it shall be of no further force and effect ";
and
A(2) WHEREAS, the Interim City Manager has recommended that the
sunset clause contained in SecLion 4 of Ordinance No. 71 -152 be repealed and that
the substantive body of the ordinance be retained; and
A(3) WHEREAS, the City Council desires to retain the substantive body of
Ordinance No. 71 -152 intact; and
B. WHEREAS, the Interim City Manager has recommended that the sign
ordinance be amended to authorize the City Manager to grant a special event sign
permit for civic events of general public interest; and
B(1) WHEREAS, the City Council desires to amend the sign ordinance to
provide such authorization to the City Manager.
NOW, THEREFORE, the City Council of the City of Saratoga hereby ordains
as follows:
SEP -12 -97 FRI 14:14 MEYERS,NAVE,RIBACK &SILV. FAX N0. 510 351 4481 P.03/04
i
Section 1 _ The sunset clause contained in Section 4 of Ordinance 71 -152,
which would otherwise cause that ordinance to be of no further force and effect as of
November 30, 1997, is hereby repealed.
Section 2. The substantive body of Ordinance No. 71 -152 as set forth in
Sections 1, 2 and 3 thereof, shall remain in full force and efff-ct.
Section 3. Section 15- 30.180 of the Code of the City i of Saratoga is hereby
amended to read as follows:
"15- 30.180 Special permits from City Council or Qty Manager.
Nothing contained in this Article shall prohibit' the City Council or
City Manager from granting a temporary special permit or otherwise
permitting, on such terms as it deemeed proper; signs, banners or other
advertising pertaining to any civic, patriotic or special event of general
public interest.."
Section 4. Section 15- 30.030(h) of the Code of the City of Saratoga is hereby
amended to read as follows:
"15- 30.030 Prohibited Signs.
(h) Posters, placards, announcements, advertising and similar
signs that are erected on any fence, pole, tree, pavement, wall, bus stop,
bench, or any other object in or upon a public highway, public street or
public right -of -way, excepting notices posted by a public officer in the
performance of a public duty, or by any person for the purpose of giving
legal notice, and warning or informational signs required or authorized
by governmental regulations, or special event sign permits issued
pursuant to Section 15- 30.180."
2
SEP -12 -97 FRI 14 :14 MEYERS,NAVE,RIBACK &SILV, FAX N0, 510 351 4481 P.04/04
Section S. This Ordinance shall be in full force and effect thirty (30) days
after As passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular meeting
of the City Council of Saratoga held on the day of 1997 by the
following vote.
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
MSR:dsp
Rev. September 12. 1997
F:\WPD\MNRSW\273\ORD.97\SUNSET.AMD
C
MAYOR
face sign, only one face of the sign shall be included,
provided that the two faces shall be approximately the same
size and approximately parallel to each other and not more
than two feet apart at any point.
(n) Sign program means a general plan for signage,
as approved by the City, pertaining to all or any portion
of a site and the buildings .thereon, which may include,
but is not limite4 to, the area, dimension, color, material,
design, size and illumination of all signs to be erected or
installed pursuant to the sign program.
(o) Special event sign means a temporary sign pertain-
ing to events of civic, community, philanthropic, educational
or religious organizations, which are not conducted in
connection with the operation of a commercial enterprise.
(p) Subdivision sign means a umporary sign advertising
a subdivision and providing travel directions to single -family
dwellings therein offered for sale or lease for the first time.
The term "subdivision sign" also includes a model home
sign on the site of a single -family dwelling within the
subdivision.
15- 30.030 Prohibited signs.*
The following signs are prohibited:.
(a) Reflective, flashing or moving signs, except for
public service time and temperature signs which shall not
be flashing, animated or revolving in nature.
(b) Portable signs, except for open bouse signs, political
signs and special event signs which comply with the
regulations of this Article.
(c) Streamers, banners, balloons, flares, flags, pennants,
twirlers and similar attention getting devices, with the
exception of the following:
(1) One national, state and local governmental flag
properly displayed upon a single flagpole.
(2) Holiday decorations, in season.
(3) Grand opening and special event displays which
comply. with the regulations of this Article.
(d) Any sign affixed or atrecbed to any vehicle or trailer,
unless the vehicle or trailer is intended to be used in its
normal business capacity and not for the primary purpose
of advertising a use or event or attracting persons to a place
of business.
(e) Signs or sign structures which by color, wording
or location resemble or confect with traffic control signs
or devices.
(f) Signs that create a safety hazard by obstructing the
clear view or safe movement of vehicular or pedestrian
traffic.
(g) Signs that obstruct any door, window, fire escape
or other emergency exit of any building.
(h) Posters, placards, announcements, advertising and
similar signs that are erected on any fence, pole, tree,
15- 30.040
pavement, wall, bus stop, bench, or any other object in
or upon a public highway, public street or public right -of-
way, excepting notices posted by a public officer in the
performance of a public duty, or by any person for the
purpose of giving legal notice, and warning or informational
signs required or authorized by governmental regulations.
(Amended by Ord. 71 -152 § 1, 1995)
• F.ditees Note: Ordinance 71 -152, which added subsection (b) to
Section 15- 30.030, expires November 30, 1997.
1S- 30.040 General regulations.
(a) Compliance with Article. No sign shall be erected,
installed, altered or maintained in any zoning district in
the City, including public and private struts therein, except
in conformity with the provisions of this Article.
(b) Compliance with district regulations. All signs
shall comply with the particular regulations of the district
in which they are located.
(c) Site restriction. All signs shall be located on the
same site as the use they identify or advertise, except
temporary subdivision signs as described in Section 15-
30.120, public interest signs as described in Section 15-
30. 140, open house signs as described in Section 15- 30.150,
and temporary political signs as described in Section 15-
30.160.
(d) Sign projection. No sign shall extend above the
ridge line of a building, nor project more than thirty inches
from the outside wall of a building, nor more than twelve
inches over any street or alley.
(e) Illuminated Signs. No sign shall be illuminated
so that the primary,source of light is visible from off the
property or in such way as to cause annoying glare. The
source or sources of external lighting intended to illuminate
any sign shall not exceed a total of two hundred watts.
The permit for an illuminated sign may be issued subject
to conditions, including, but not limited to, the number,
location and intensity of all light sources and the time
during which the sign may be illuminated. The City shall
reserve continuing jurisdiction over such permit and may
revoke the same upon any failure by the permittee to
comply with any condition set forth therein.
(f) Size of letters. Unless otherwise prescribed in this
Article, no sign shall have letters greater in size than
eighteen inches in any dimension, except that in the M
district, letters of sixty inches may be permitted.
(g) Construction standards. All signs shall be con-
structed in such manner as to protect the public safety.
Construction standards shall be as set forth in the latest
edition of the Uniform Building Code as adopted by the
City.
335 (searop 4.96)
15- 30.150
at a price determined by the Planning Director. (Amended
by Ord. 71.95 § 1, 1991; Ord. 71 -152 § 2, 1995)
15- 30.160 Temporary political signs.
(a) Sign restrictions. A temporary political sign may
be erected only in accordance with the following restric-
tions:
(1) No temporary political sign may be illuminated
in any manner other than by previously existing lighting
sources normally used for illumination of the area where
the sign is erected
(2) No temporary political sign may be affixed to any
pole or wire appurtenance thereof on which is attached
any traffic sign, traffic signal, street sign, parking sign or
other traffic control device installed by any public agency
for public information purposes, nor may any temporary
political sign be erected in a manner or place that will
obstruct normal visibility of such traffic signs, traffic
signals, street signs, parking signs or other traffic control
devices.
(3) No temporary political sign may be erected upon
or affixed to any sidewalk, crosswalk, police or fire alarm
system, hydrant, or any public building or other public
structure.
(4) No temporary political sign may be erected within
or upon the right -of -way of any public highway or public
street.
(5) No temporary political sign may exceed an area
of five square feet.
(6) No temporary political sign may be erected having
bracing or backing material thicker than one-half inch,
except for support posts firmly planted in the ground.
(b) Removal. A temporary political sign shall be com-
pletely removed not later than five days after the date of
the election to which it relates.
(c) Any person intending to install temporary political
signs or any person on whose behalf such signs are to be
installed, shall, at least two business days prior to such
installation, file a declaration of such intent with the City
Clerk. Such declaration .shall contain an agreement to
remove such signs within the applicable time limitation
of subsection (b) of this Section and an agreement to pay
any cost incurred by the City as a result of the declarant's
failure to remove such signs. Upon failure of the declarant
to remove such signs within such time, City shall immedi-
ately remove such signs and collect the cost of such removal
from the declarant pursuant to such agreement.
(d) Any person installing temporary political signs
without having filed a declaration of such intent, or any
person on whose behalf such signs are installed, shall
remove such signs or file a declaration within thirty -six
hours upon receipt of notice to remove from the City Clerk.
(saacop 496) 340
Upon failure of such person to remove such signs, or in
the event that the City Clerk is unable to determine the
identity of the person who installed such signs or the
identity of the person on whose behalf such signs were
installed, the City Clerk shall immediately have such signs
removed, and if the identity of the person who installed
such signs or the identity of the person on whose behalf
such signs were installed can be determined, collect the
cost of such removal from such person.
(e) Any cost incurred by the City in the removal of
temporary political signs pursuant to this Section is hereby
declared to be a debt of the person installing such signs
and a debt of the person on whose behalf such signs were
installed to the City of Saratoga. (Amended by Ord 71 -117
§ 1,1992; Ord. 71 -121 § 1,1993; Ord. 71 -152 § 3, 1995)
15- 30.170 Gasoline price signs.
A single gasoline price sign, as required under Section
13531(a) of the State Business and Professions Code, shall
be permitted on the site of a gasoline service station. Such
sign may be free standing, if necessary to comply with
the requirements of Section 13531(a) concerning visibility
from the street adjacent to the site. The gasoline price sign
shall comply with the following requirements:
(a) The sign shall advertise not more than the three
major grades of motor vehicle fuel offered for sale.
(b) The numerals designating the price of motor fuel
shall not exceed six inches in height. Fractions shall be
considered one numeral. All other letters, figures or numer-
als on the sign shall not exceed two inches in height, unless
otherwise approved by the Planning Commission.
(c) The area of the sign shall not exceed ten square
feet unless the applicant demonstrates, to the satisfaction
of the Planning Commission, that a greater size is needed
to contain all of the numerals, words and figures required
to be shown on the sign under the applicable provisions
of Section 13532 of the State Business and Professions
Code.
(d) The area of the sign shall be included in the sign
area otherwise permitted for the site under the terms of
this Article to the extent that such area exceeds the size
restriction set forth in subsection (c) of this Section.
15- 30.180 Special permits from City Council.
Nothing contained in this Article shall prohibit the City
Council from granting a temporary special permit or other-
wise permitting, on such terms as it deems proper, signs,
banners or other advertising pertaining to any civic, patriotic
or special event of general public interest.
15- 30.190 Prior condition for design review.
Any condition or requirement for design review of any
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: SEPTEMBER 17, 1997
ORIGINATING DEPT.: COMMUNITY
ENVIRONMENT
AGENDA ITEM g S
CITY MANAGER: `zp
SUBJECT: Request for Annexation (A 96 -001) - El Kareh, Quickert Road
RECOMMENDED MOTION(S):
Move to adopt the Resolution approving the annexation request.
REPORT SUMMARY:
This item was continued from your August 6 meeting to allow staff to respond to various
questions and concerns raised by the City Council. Attached to this memo are memorandums
from the Community Development Manager and the City Attorney v.,hich address the issues
raised by the Council. Also attached are the staff report and minutes from the August 6 meeting
and the Resolution which, if adopted, would approve the annexation request.
FISCAL IMPACTS:
As noted in the various reports.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The Resolution would not be adopted and the annexation request would be denied. Development
of the two parcels would occur under the County's development standards.
FOLLOW UP ACTIONS:
The annexation process would proceed through LAFCO. The City's General Plan, Zoning and
base maps would be amended to reflect the annexed properties.
ATTACHMENTS:
1. Memo from Community Development Manager dated September 17.
2. Memo from City Attorney dated September 12.
3. Minutes from August 6 Council meeting.
4. City Council staff report from August 6 meeting with attachments.
5. Resolution approving annexations.
ti
1:17177 FRI11TVALF AVENI :1? • SAItATOGA, CALIF(M)NIA 9F)070 • ( 105) 868 -1200
MEMORANDUM
TO: Mayor and City Council
FROM: James Walgren, Community Development Manager (?Ij .
DATE: September 17, 1997
SUBJECT: A 96 -001; El- Kareh, Quickert Rd. /Belnap Dr.
REQUEST FOR ANNEXATION
TOPIC
At the August 6, 1997 City Council meeting the Council heard Mr. El- Kareh's request to annex
two parcels of land to the City of Saratoga. The subject parcels are directly contiguous to the
City and are located within Saratoga's Urban Services Area. As a result of the City's agreement
with the County of Santa Clara, the City has first -right to annex contiguous land. If the City
rejects the request, the applicant would then file a development application through the County,
subject to their review processes and development regulations. In the past, it has been Council
policy to annex hillside parcels whenever possible in order to exercise greater control over what
type of development ultimately occurs within the hillsides.
Followin a staff presentation and comments from the applicant and his representatives at the
August 6 ' meeting, the Council moved to continue the request and directed staff to provide
information on:
• The degree of liability, if any, the City may be exposed to if the parcels were developed
under Saratoga's jurisdiction versus the County's. This concern was related to the geological
stability (or potential instability) of the parcels.
• A comparison of County development standards versus City standards.
• A clarification that annexation of the parcels would not guarantee any future Design Review
or Variance approvals.
Both the August 6"' staff report and meeting minutes are attached for reference.
ISSUES
The City Attorney has responded to the liability question by separate memo (attached). The
following is a summary comparison of City development standards versus County standards. It
should be noted that since the recent adoption of Santa Clara County's West Valley Hillsides
El -Kareh Annexation Request
Page Two
Preservation Plan that the differences between the County's procedures and Saratoga's are not as
great as they used to be. For example:
• The County now requires a publicly noticed Design Review hearing before its Zoning Board
for certain hillside parcels that are determined to be potentially visible from valley floor
views. According to County Planning staff, both parcels would be subject to this Design
Review process.
• Saratoga has a two -story and 26 ft. maximum height limit. The County has a 30 ft. height
limit for visible hillside lots and no story limit.
• Saratoga has a maximum permitted floor area ordinance based on the size, slope and
topography of a parcel. The County has no maximum floor area ordinance.
• Saratoga has lot coverage, grading and tree protection ordinances and Hillside Specific Plan
development guidelines. To a degree, the County now also has similar standards as a result
of the adopted WVHPP.
Both parcels would be served by the same utility and safety providers whether they were in the
City's or the County's jurisdiction.
Lastly, annexing the parcels would not confer any right to Design Review or Variance, if
necessary, approval. In fact, the preliminary exhibits submitted by the applicant indicate that
neither of the two parcels would require any Variances to Saratoga's ordinances. Staff had noted
in the August 6' report that it is a possibility in steep hillside terrain that retaining walls, for
example, may need to be higher than normally permitted. This could not be ascertained for
certain until site development plans have been prepared and submitted to the City. Any
development proposal would be subject to the Design Review and Variance review process, both
discretionary permits, and would be judged based on the findings contained in Saratoga's Zoning
Ordinance.
SUMMARY
Saratoga has comprehensive hillside development ordinances and guidelines in place to assure
orderly and compatible development of the hillsides and to preserve the character of the
community. It has been City Council policy in the past to annex hillside parcels when possible
to implement these standards. However, given the great amount of time and staff resources that
are generally devoted to these sometimes problematic, and sometimes contentious, hillside
developments, and more importantly the County's recent adoption of the WVHPP, the council
may want to reconsider this policy.
A site visit has been organized and posted to take interested Councilmembers up to see the
parcels on Tuesday, September 16 "' at 3:00 PM. If you would like to attend, please meet at the
Community Development Manager's office and we will drive up in the City's van.
RECOMMENDATION
Staff's recommendation is still to approve the annexation requests per the attached August 61'
staff report. If after visiting the subject parcels and considering the above information, the
El -Kareh Annexation Request
Page Three
Council decides against annexing the lots, a Resolution to that effect will be placed on the next
available Council meeting.
Attachments
1. City Attorney Memorandum
2. City Council meeting minutes dated August 6, 1997
3. Staff Report dated August 6, 1997
4. Exhibit "A ", Legal Description and Annexation Map
james \ccannexmemo
SEP -12 -97 FRI 13:46 MEYERS,NAVE,RIBAOK &SILV, FAX NO 510 351 4481
MEYERS, NAVE, RIBACK, SILVER & WILSON
MICHAEL k. NAVE A PROFESSIONAL LAW CORPOlIATION
STEVEN R. MEYERS
ELIZASETHH.SILVER
GATEWAY PLAZA
MICHAEL S. RIBACK
KENNETH A. WILSON
777 DAVIS STREET, SUITE 300
DAVID W.
SAN LEANDRO, CALIFORNIA 94577
ATTA
STEVEN T. . MATTA S
CLIFFORD F. CAMPBELL
TELEPHONE: (5101351-4300
MICHAEL F,RODRIQUEZ
FACSIMILE: (510) 351 -4481
KATMLCEN FAUBK)N, AICP
RICK W. JARVIS
LARISSA M. SETO
DEBBIE F. LATHAM
WAYNE K SNODGRASS
ARNE D. SANDBEM
RFMIAMIN P. FAY
DANIELA MULLER
LIANE M RANDOLPH
PATRICK W HrTNELL
KATHARINE Q WELLMAN
MEMORANDUM
OF COUNSEL
ANDREA J,SALTZMAN
CERTIFIFO APPELLATE SPECIALIST
TO
FROM:
�Iym
City Council
Interim City Manager
Community Development Manager
City of Saratoga
Michael S. Riback, City Attorney
P. 02/05
NORTH RAY OFFICE
555 FIFTH STRECT, SUITE 230
SANTA ROSA, CA 96401
TELEPHONE: (707) 546 -8009
FACSIMILE: (7071545-6617
CFNTRAI VAtI FY OFFICE
5250 CLAREMONT AVENUE
STOCKTON. CA 93207
TELEPHONE; (2091551-4080
FACSIMILE; (204) 951.3009
DATE: September 12, 1997
Issue of Liability to City of Saratoga Resulting From Annexation
QUESTION PRESENTED
The Council has asked for a memorandum discussing in general whether the City
might incur any potential liability if the City annexed two privately owned lots in the hills
bordering the city limits. The hills are notorious for having unstable soil and there is some
probability of suhsidence. The lots are accessed through private roads and the City does
not intend to undertake any public works effort which may disturb the soil.
IY- BRIEF ANSWER
The City would not incur any unique liabilities resulting from this
annexation. Its worth noting, however, that once the properties are within
the City's jurisdiction, the City would be responsible for all permit approvals
for development on the properties concerned. As such, the City wold likely
be named in any lawsuit alleging damages to the landowners. Whether the
City would be held liable is dependant on the City's actions and the relation
of those actions to the damages incurred.
SEP -12 -97 FRI 13:47 MEYERS,NAVE,RIBACK &SILV, FAX N0. 510 351 4481 P.03/05
TO: City Council, Interim City Manager, Community Development Managcr
FROM: Michael S. Riback, City Attorney :.
RE: Issue of Liability to City of Saratuga Resulting From Annexation
DATE: September 12, 1997
11AG'E: 2
2. Any liability that the City could incur could be mitigated to some extent by
indemnification agreements on condition of permit approval and other
mitigation measures.
III. ANALYSIS
Land development in the City of Saratoga is subject to 4 variety of controls.
Construction is regulated by building codes and discretionary approval Processes. City
personnel are charged with overseeing the entire process and enforcing standards. Sec Cal.
Health &. Safety Code § 17921. Since the City does not intend to undertake any public
works -type projects in the area, the primary risk of liability would arise from City actions
on permit approvals, onsite inspections and in special circumstances where the City may
need to act to abate impending peril.
The theories on which a property owner is most likely to base a cause of action
against the City are inverse condemnation and tUrt liability. Inverse condemnation is
based on the law of eminent domain, which has no connection with common law
principles of tort liability. Inverse condemnation actions are not barred on grounds of
governmental immunity (a tort notion), although proper exercise of police power is a
commonly asserted defense. Sce Cal. Gov't Code § 8.20. 'While inverse condemnation is a
separate cause of action, it may be. joined with negligence, nuisance, and other tort
theories in a compliant alleging property damage by a public entity. Scc Nestle P. Santa
Monica (1972) 6 Cal. 3d 902, 101 Cal.Rptr. 568.
A. Tort Liability for Negligent Public Inspection.
Approval of building permits and inspections of property are usually
considered discretionary activities which are immune from tort liability. See Johnson v.
State of California, (1969) 69 Cal.2d 782, 73 Cal.Rptr. 240. ,A public agency is not liable
in tort for injury caused by its failure to make an inspection, or by making an inadequate
or negligent inspection, of any property. See Cal. Gov't Code § 818.6. Nor is a public
employee similarly liable. See Cal. Gov't Code § 821.4. The policy reason for these and
similar immunities is that without them, inspection activities would expose a Public_ entity
to liability for virtually all property defects within its jurisdiction. See Stanford v. Ontario
SEP -12 -97 FRI 13:47 MEYERS,NAVE,RIBACK &SILV. FAX NO 510 351 4481 F.04/05
TO: City Council, Interim City Manager. Community Development Manager
FROM: Michael S. %back, City Attorney
RE: Issue of liability to City of Saratoga Resulting From Annexation
DATE: September 12, 1997
PAGE: 3
(1972) 6 Cal. 3d 870, 101 Cal.Rptr. 97, (rejecting city liability solely on the basis that
the public entity issued a permit).
These protections, however, do not necessarily absolve a city from all tort
liability in connection with permitting and inspection. Cities dould be liable in tort, for
example, when dangerous conditions exist on public lands. See ;Cal. Gov't Code § 830 et
seq. Thus in Star ford, a city was held responsible because the project it had granted a
permit for was undertaken on a public right -of -way. Stanford v Ontario, 101 Cal.Rptr. 97,
103. The court determined that a reasonable inspection would have disclosed an
inadequately shored and sloped excavation on public land. As a result, the city was on
constructive notice of the condition, which it failed to remedy.
Despite a few cases like Stanford, it is unlikely that the City would be held
liable where it approves a project on private land. The City enjoys significant sovereign
immunity in tort actions. Since the City anticipates that it would limit its involvement to
normal permit approvals and inspections, both discretionary activities, the City should not
incur significantly tort liability from approving development on the privately held hillside
lots.
B. Iriverse Condemnation Liability.
The immunities the City enjoys in tort du not apply in actions of inverse
condemnation. An action in inverse condemnation arises where an action by a public
agency results in a physical harm to a property owner.
To establish a claim of inverse condemnation, a property owner must show
that the City planned, approved, constructed, or operated a public project or otherwise has
been engaged in some activity for public use or benefit. See Stoney Creek Orchards v. State
(1970) 12 Cal.App.3d 903, 91 Cal.Rptr. 139 (holding that the city substantially
participated in the project at issue and thus was liable in an inverse condemnation
proceeding). In addition, the property owner must also establish that the agency's activity
or failure to act was the proximate cause of the injury. See Blau v. Los Angcics (1973) 32
Cal.App.3d 77, 107 Cal.Rptr. 727.
There does not seem to be any case law, however, which has specifically held
that a mere permit approval or inspection of a private construction project on private
SEP -12 -97 FRI 13:47 MEYERS,NAVE,RIBA0K &S1LV. FAX NO 510 351 4481 P.05/05
TO: City Council, Interim City Manager, Community Development Manager
FROM: Michael S. Riback, Chy Atrorncy
RE: Tscue of Liability to City of Saratoga Resulting From Annexation
DATE: Septcmbcr 12, 1997
PAGE: 4
property subjected the approving or inspection agency to liability in an inverse
condemnation action. As a result, if the City limited its activities to permit approval and
property inspections, and did not commit to any type of public works activity (e.g.,
maintenance of private roads), the City should not incur any exposure to inverse
condemnation claims from owners of the property to be annexed.
C. Mitigating Potential Liabilities.
Having described the primary exposure to liability, it is worth noting that the
City can take certain actions to mitigate il.s exposure. The following arc examples of
actions the City might take:
Require that the owners of property indemnify the City for any liability
connected to land subsidence as a condition of issuing a building permit.
Avoid entering into agreements to accept dedication of or maintain private
roads, or undertake similar public works responsibility.
Establish design immunity when approving improvements and modifications.
IV. CONCLUSION
If the City annexes the privately owned lots, it should not incur any significant
liability provided that City does not undertake any public works type responsibilities. As
an additional Protection measure, the City should maintain or implement policies to
mitigate its exposure to liability.
Michael S. R.iback
City Attorney
MSR:dsp
F : \W PD\M NRS W\2 73\01 \MLMO\SL• PMANNEXL1S.912
City Council Minutes 2 August 6, 1997
3) Memo Authorizing Publicity for Upcoming Hearings - No
hearings scheduled.
4) Approval of Check Register
5) Quarterly Report to Regional Water Quality Control Board
on City NPDES Activity - Removed by Councilmember Shaw,
who referred to the part -time staff member hired to monitor
the water quality of creeks throughout the West Valley and
asked whether that position was one of the 40 positions
recently authorized in the budget. Mr. Perlin responded
that the part-time position would be hired by the West
Valley Clean Water Program, of which the City of Saratoga
is a participant, and the staff member would be a contract
employee of the joint program, not directly of the City.
WOLFE / JACOBS MOVED APPROVAL OF ITEM B-5-B. PASSED 5 -0.
6) Adoption of Policy on Use of Park Development Fund
SHAW / JACOBS MOVED APPROVAL OF CONSENT CALENDAR 5B, WITH EXCEPTION
OF ITEM 5 -B -5. PASSED 5 -0.
C. CLAIMS AGAINST THE CITY - None.
Mayor Moran moved the agenda to Item 8A.
8. NEW BUSINESS
A. Petition of Annexation, A96 -001 (APN 517 -25 -037 and 052, E1
Rareh)
Using visual aids, Mr. Walgren presented a detailed staff report and
responded to Councilmembers' questions.
A lengthy discussion ensued regarding potential problems with planning
and design issues, specifically hillside and slope issues.
JACOBS /SHAW MOVED TO CONTINUE THE MATTER TO THE SEPTEMBER 3, 1997
MEETING AND REQUESTED ADDITIONAL INFORMATION FROM STAFF ABOUT THE
POTENTIAL COSTS AND LIABILITIES THE CITY COULD BE EXPOSED TO ASSUMING
MAXIMUM DEVELOPMENT OF THE PROPERTY. PASSED 5 -0.
At 8:00 p.m., Mayor Moran moved the agenda back to Item 6.
6. PUBLIC HEARINGS - 8:00 pm.
A. Weed Abatement - Resolution confirming Report and Assessment of
Charges
Mr. Perlin announced that this was the third and final public hearing.
Mayor Moran opened the public hearing at 8:05 p.m. There was no one
present who wished to speak, and the public hearing was closed at 8:05
p.m.
BOGOSIAN /SHAW MOVED TO APPROVE RESOLUTION 97 -34. PASSED 5 -0.
B. Landscaping and Lighting District LLA -1
Mr. Perlin presented the staff report, noting that the public hearing
had been continued from June 4. He said that due to mailing problems
with the balloting, the protest hearing for Zones 3 and 6 was being
held tonight.
Mr. Perlin reported that staff had been directed to address the
possibility of the City continuing to provide maintenance at current
levels in zones 14 and 18. The options presented were to eliminate
maintenance in both zones, continue the same assessment levels
collected this past year and make up the difference through the fund
Saratoga City Council
c. j.
EXECUTIVE SUMMARY NO.:
FETING DATE: August 6, 1997
ORIGINATING DEPARTMENT: Co unity Environment o
CITY MANAGER:
DEPARTMENT HEAD
SUBJECT: A 96 -001; E1- Kareh, Quickert Rd. /Belnap Dr.
Petition of annexation being made by Auguste E1 -Kareh for two parcels of
land contiguous to the City of Saratoga and within Saratoga 's Urban
Service Area.
Approve the petition of annexation by adopting Resolution A 96 -001.
Background:
The City has received a petition for annexation from Auguste E1 -Kareh
for two adjacent parcels of land contiguous to Saratoga's southwestern-
most boundary. The petition before the City Council is required by the
State Government Code in order to complete the City conducted
annexation. Once the Council approves the annexation, the Local Agency
Formation Commission will be notified of the change and the City
boundaries will be officially modified. LAFCO is the County agency with
authority over annexation procedures.
The annexation request is for two vacant hillside parcels. Both parcels
are contiguous to the current City boundary and are located within the
City's Urban Service Area. Urban Service Areas are a short range
designation that indicate where a City is likely 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.
Pursuant to State Government Code and LAFCO requirements, in order to
approve an annexation request the City Council needs to make all of the
required findings contained in the attached Resolution. Staff's review
of the proposed annexation concludes that these findings can be made.
A 96 -001; E1 -Kareh
Page Two
The subject parcels have direct access to Quickert Rd. and Belnap Dr.
and all needed services are available to the property as indicated in
the attached Municipal Plan for Services. The property has been
prezoned Hillside Residential by City ordinance. Once the property is
annexed it will automatically be zoned HR and subject to the development
regulations of the HR zoning district.
Issues:
Both parcels are located high above the City within Saratoga's southern-
most hillsides. The parcels share development constraints in terms of
steep slopes, potentially unstable geology and dense existing
vegetation. Though both lots have had access roadways and building pads
graded at some time in the past, it may still be necessary to consider
slope and retaining wall height Variances in the future to allow these
lots to be developed.
However, both parcels have been determined to be legally created and
recorded lots, which will ultimately be developed whether under Santa
Clara County or City of Saratoga jurisdiction. In the past it has been
Council policy to annex hillside lots adjacent to Saratoga whenever
possible to allow City control of their development. The benefits to
the City include the ability to apply more restrictive hillside
development controls (e.g. Hillside Specific Plan guidelines, Hillside
Residential zoning ordinance, Design Review process, etc.) which may
result in less invasive grading /construction activity and a less
obtrusive structure. A potential negative would be that the City
becomes responsible for reviewing and permitting what may be problematic
lots to develop.
Public Notice
Pursuant to Section 56837 of
or hearing is required for
consent of affected property
annexation of both parcels.
the State Government Code, no public notice
a petition of annexation filed with the
owners. Mr. E1 -Kareh has consented to the
Incremental increases in property tax revenues to the City, and possible
minor increases in some City services costs.
Follow -up Actions
Proceed with the Local Agency Formation Commission to finalize the
boundary adjustment. Amend the City's General Plan, Zoning and Base
Maps accordingly.
A 96 -001; E1 -Kareh
Page Three
Consequences of Not Acting on the Recommended Motion
The property will not be annexed to the City and the applicant will
develop the site under the jurisdiction of Santa Clara County.
Attachments:
1. Location Map
2. Resolution A 96 -001.
3. Petition for Annexation.
4. Municipal Plan for Services.
5. Exhibit "A ", Legal Description and Annexation Map
Certified by the County Surveyor.
jamee \memo.cc \el -kareh
Location Map
NORTH
HC_R17
i
If any members of the Council would like to see the property before the
meeting, please contact James Walgren at 868 -1232 to arrange a site
visit (they are hard to find!).
To: City Council
City of. Saratoga
13777 Pxui vale Ave.
Saratoga, Fruit vale
Petition For Annexation Of
Territory To The
City Of Saratoga
The undersigned, constituting all of the owners of certain
real property located in the County of Santa Clara, State of
California, as described in Exhibit "A ", attached hereto and made
a part hereof, commonly known as Quickert Rd.JBeluap Dr.; E1- Kareh,
APN 517 -25 -037 and 517 -25 -052 do hereby represent, request and
petition as follows:
(a) The petition is submitted pursuant to the Cortese -Knox
Local Government Reorganization Act of 1985, commencing with
Section 56000 of the Government Code.
(b) The nature of the proposed change of organization is the
annexation of the property described in Exhibit 'All to the City of
Saratoga.
(c) The territory to be annexed is contiguous to the City of
Saratoga and located within the urban service area of the City, as
adopted by the Santa Clara County Local Agency Formation
Commission.
(d) The territory to be annexed is uninhabited, as defined in
Section 56046 of the Government Code.
(e) This petition is required by reason of the policy of the
County of Santa Clara that owners of property within the urban
service area of a city who wish to develop such property, must
first request annexation to the city and such request must be
rejected before the County will process a development proposal.
(f) The undersigned collectively hold one hundred percent
(100$) of the ownership interest in the territory to be annexed.
(g) It is hereby requested that proceedings be taken for
annexation of said property pursuant to Section 56826 and Title 5,
Division 3, Part 4 (commencing with Section 57000) of the
Government Code.
Date du,,Ke 20 1491° Signs urt — r--
Municipal Plan for Services
Sanitary
Sewer: West Valley Sanitation District
Water: Saratoga Heights Mutual Water Company
Fire
Protection: Saratoga Fire District
Storm
Drainage: Santa Clara Valley Water District
Street: Private
Sheriff: Santa Clara County
Resolution No.
A RESOLUTION OF THE SARATOGA CITY COUNCIL
APPROVING AND ORDERING ANNEXATION TO THE CITY
OF CERTAIN UNINCORPORATED TERRITORY
COMMONLY KNOWN AS:
Quickert Road No.--1, APN 517 -25 -037 and 517 -25 -052
WHEREAS, E1 -Kareh ( "Petitioners ") have submitted a petition for
annexation to the City of Saratoga of certain real property located in
the County of Santa Clara, as described in Exhibit "A ", attached hereto
and made a part hereof, commonly known as Quickert Road No.l APN 517 -25-
037 and 517 -25 -052; and
WHEREAS, the City Council is the duly designated conducting
authority for proceedings to annex said property, pursuant to Section
56826 of the Government Code; and
WHEREAS, the proposed annexation is exempt from the requirements of
the California Environmental Quality Act pursuant to Article 19 of said -
Act; and
WHEREAS, in accordance with the provisions of Section 56826 of -the
Government Code the City Council has found and determined as follows:
(a) That the petition has been executed by all of the owners of
the territory to be annexed;
(b) That the territory to be annexed is contiguous to the existing
limits of the City of Saratoga and located within the Urban
Service Area of the City, as adopted by the Santa Clara County
Local Agency Formation Commission ( "the Commission ");
(c) That the territory to be annexed is uninhabited, as defined in
Section 56046 of the Government Code;
(d) That the surveyor for the County of Santa Clara has determined
the boundaries of said property to be definite and certain,
and in compliance with any applicable road annexation policies
of the Commission;
(e) That the proposed annexation will not split lines of
assessment or ownership;
(f) That the proposed annexation will not create islands or areas
in which it would be difficult to provide municipal services;
(g) That the proposed annexation is consistent with the General
Plan as adopted by the C.ty;
(h) That the City has complied with all conditions imposed by the
Commission for inclusion of said property in the City's Urban
Service Area;
(i) That the land use designation of the territc --y to be annexed,
as contained in the City's General Plan, has not been changed
froth the time the City's Urban Service Area was adopted by the
Commission; and
NOW, THEREFORE, the City Council of the City of Saratoga hereby
resolves and orders that the property described in Exhibit "A" attached
hereto, commonly known as Quickert Road No. 1, APN 517 -25 -037 and 517-
. 25 -052, be and the same hereby is reorganized and annexed to the City of
Saratoga, such annexation to be effective on the date this Resolution is
adopted.
The City Council, as conducting authority, reorganized such
property as indicated above without notice or hearing, it being found
that the territory annexed hereby is uninhabited and all of the owners
of such territory have been filed a written petition for the City
Council to initiate such reorganization.
Passed and adopted at a regular meeting of the City Council of the
City of Saratoga held on the 6th day of August, 1997 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY CLERK
1
lanning
WI1Li����LIV �LIV��U`��Q�9 �LIV�° Land Surveying
Responsive, Reliable Results Since 1953 Civil Engineering
Construction Staking
December 23, 1996
LEGAL DESCRIPTION
PROPOSED ANNEXATION TO CITY OF SARATOGA, CALIFORNIA
ENTITLED
QUICKERT NO.1
(See Mission Engineers, Inc., Dwa No. SL10850)
Real Property in the County of Santa Clara, in the unincorporated area, State of
California, described as follows:
Part of the East one -half of the Northeast one - quarter of Section 14, T. 8S. R. 2W.,
M.D.B. & M., described as follows:
Commencing in the West line of said East one -half of the Northeast one - quarter of
Section 14, distant thereon S. 1 ° 36' 05" E. 442.42 feet from a 3/4 inch iron pipe at
the Northwest corner of said East one -half of the Northeast one - quarter of said Section
14, said point of commencement also being the Northwest corner of the parcel of land
described in the Deed to Donald N. Rodoni, et ux, recorded February 21, 1956, Book
3419 of Official Records, Page 611; thence from said point of commencement N. 630
27' 55" E. 93.14 feet, thence along the arc of a tangent curve to the right, with a radius
of 75 feet thru an angle of 14° 09' 27" for a distance of 18.53 feet; thence along the arc
of a curve to the right from a tangent bearing N. 100 38' 04" E. with a radius of 75
feet thru an angle of 14° 09' 27" for a distance of 18.53 feet to the TRUE POINT OF
BEGINNING; thence continuing along last said curve with a radius of 75.00 feet thru an
angle of 125° 59' 49" for a distance of 164.93 feet; thence along the arc of a tangent
curve to the left, with a radius of 79.66 feet thru an angle of 35° 27' 21" for a distance
of 49.30 feet; thence S. 52° 02' 48" E. 97.45 feet; thence along the arc of a tangent
curve to the right with a radius of 160 feet, thru an angle of 35° 23' 06" for a distance
of 98.81 feet; thence along the arc of a tangent curve to the left, with a radius of 263.18
feet thru an angle of 16° 09' 03" for a distance of 74.19 feet; thence S. 32° 48' 45"
E. 45.67 feet; thence along the arc of a tangent curve to the left with a radius of 30 feet
thru an angle of 112° 39' 03" for a distance of 58.98 feet; thence N. 34° 32' 12" E.
44.64 feet; thence along the arc of a tangent curve to the right with a radius of 50 feet
thru an angle of 61' 18' 57" for a distance of 53.51 feet; thence along the arc of a
tangent curve to the left with a radius of 33.50 feet thru an angle of 92° 57' 03" for a
distance of 54.35 feet thence along the arc of a tangent curve to the right with a radius of
109.71 feet thru an angle of 35° 21' 04" fcr a distance of 67.69 feet to a
Southeasterly line of the parcel of land described in the Deed to Wolfgang Levy, et ux,
recorded December 29, 1965, Book 7228 of Official Records, Page 343; thence along
Exhibit A, Page I of 2
2978 Scott Blvd. Santa Clara. California 95054 (408) 727 -8262 FAX (408) 727 -8285
Proposed Annex to Saratoga, December 23, 1996
the Southeast and Northwest boundaries of said parcel of land S. 38° 15' 10" W. 34.96
feet, N. 190 52' 03" E. 230.79 feet, N. 64° 55' E. 170.38 feet, N. 260 13'
27" E. 88.55 feet, N. 36° 07' E. 149.63 feet and N. 23° 43' 59" E. 44.61 feet to
the Northerly line of said Section 14, said Northerly line being the CURRENT CITY OF
SARATOGA LIMITS LINE; thence along said line N. 880 57' 40" W. 403.22 feet
to the Southeast line of the parcel of land described in the Deed to Winston Clarke
Eikenbary, et ux, recorded September 6, 1960, Book 4907 of Official Records, Page 471;
also being the Northeasterly corner of Parcel A as shown on Record of Survey Map filed
in Book 186 of Maps on Page 53, Santa Clara County Records;
Thence, continuing along said Northerly line of Section 14, N. 88° 57' 40" W. 305.80
feet to the Northeasterly corner of Parcel B as shown on said Record of Survey map,
Thence, leaving said CURRENT CITY OF SARATOGA LIMITS LINE, along the
boundary common to said Parcel A and said Parcel B S. 05° 56' 20" E. 289.47 feet to
the Southerly most corner of said Parcel A;
Thence, along the Southerly boundaries of said Parcel B S. 61° 22' 57" W. 83.28 feet,
along the arc of a curve with a radius of 105.00 feet deflecting to the left from a tangent
bearing N. 45° 47' 27" W. thru an angle of 109° 25' 00" for a distance of 200.52 feet;
Thence, along the arc of a tangent reverse curve with a radius of 20.00 feet, thru an angle
of 38° 40' 22" for a distance of 13.50 feet; thence along the arc of a curve with a
radius of 105.00 feet deflecting to the right from a tangent bearing N. 63° 27' 55" E. thru
an angle of 25° 28' 43" for a distance of 46.69 feet to the TRUE POINT OF
BEGINNING, and containing 6.49 acres, more or less.
Exhibit A, Page 2 of 2 /Q�`v , P E A G F,y,,�
F
i cap _. V0 t*
�., No. 21500
=xl -3c• 97 r
MS2AS:C: \Proj \95374\Lg1.Doc � � C 1 V I V f�� \�
z
w
N EXIST. CITY LIMITS LINE OF SARATOGA
w ° ® NORTHERLY LINE OF SECTION 14 AS 4,
I N z ESTABLISHED BY ORIGINAL INCORPORATION
I I U I Z OCTOBER 241956 ,;�
I
NORTHWEST CORNER I 0 DR.
E 1/2 NE 1/4 SEC 14 Q 0 517 - 14-087 Ntp
112.74' 0 ~ _ _ 193.06' APPLETON, ARTH ?
302.84' N88'57' "W 305.80' „" . �1;4Tc N 88 57 4Q W 403.22 3
WEST LINE E 1/2 NE 1/4 SEC. 14 `
�t I T 85 R 2W MDB do M 0 T8S R 2 c
PARCEL A R/S 186 M 53 LOCATION
cn 517 -25 -052 �%� /;�o° �0 517 -25 -011
- EL —KAREN AUGUSTE o A /� ,f. \ APPLETON, ARTH
o i PARCEL B R/S 186 M 53 ° N951 OR 1974 fro %�
101 517 -25 -053 N 8-8-95
" CURVE DATA
KANG KI D N 26'13 27 E 8 5 \ 'p
10' 0
6 9
40• O
UNINCORPORATED AREA TRUE6g0 �1 \
I POINT OF �.�1 10 S$ JQ' PRIVATE
1 BEGINNING �o _� 80' RIGHT OF WAY \
517-25-037 y0� 4985 OR 193
61 C3 $�� S 6 EL— KAREN, AUGUSTE 6�� 'C
000 I ^�° N956 OR 1735 0`v� 517 -25 -036
(D° 1 o ti 8 -11 -95 c�, ��. WOLFGANG
to � I G'� o < �� \Tq Rs• / 7228 OR 343
o \ \ n �s N N
UNINCORPORATED
9�yy M S 52'02'48" E AREA
97.45' /
Bo
S 38'15'10" W
UN 34.96
-o
POINT OF PRIVATE
COMMENCMENT 60 RIGHT OF WAY 7A
4985 OR 193 n n \ SCALE:1 " =100'
\,A a' Gg G 517 -25 -060
Q \ / ERNST, - ARTHUR
_ LEGEND
S 3245 867 5" E �.�� P E �� — — BOUNDARY LINE OF
\ / N 34 3212 " E , , -r. +, PROPOSED ANNEXATION
44.64' 3 n +i AREA = 6.49t ACRES
PHILIPPE AUGER, R.C.E. 21500 — EXPIRES 9 -30 -97 y TIO. 215DO — — BOUNDARY LINE OF
, �
EXISTING LOT
UNINCORPORATED EmagH EE EXISTING CITY
LIMIT LIIJE
RESPONSIVE REL ABLERESUL
SINCE 1� AREA +� � ^,� � I V 1
2978 Scott Blvd. Santa Clara, Calif 95054 \ / `
(408) 727 -8282 FAX: (408) 727 -8285 95374 —N0. SL10850 ,�\� ���4/
NUMBER R
RADIUS D
DELTA L
LENGTH
Cl 7
75.00 1
14'09'27" 1
18.53
C2 7
75.00 2
26'46'40" 3
35.05
C3 7
75.00 1
125'59'49" 1
164.93
C4 7
79.66 3
35'27'21" 4
49.30
C5 1
160.00 3
35'23'06" 9
98.81
C6 2
263.18 1
16'09'03" 7
74.19
C7 3
30.00 1
11239'03" 5
58.98
C8 5
50.00 6
61'18'57" 5
53.51
C9 3
33.50 9
92'57'03' 5
54.35
CIO 1
109.71 3
35'21'04" 6
67.69
C11 1
105.00 1
109'25'00" 2
200.52
C12 2
20.00 3
38'40'22" 1
13.50
C13 1
105.00 2
25'28'43" 4
46.69
County of Santa Clara
I:m ironnx,►u<►I Rcs(xu-c es Agc Ilc y
13ui1(1ilig 111ti-,Jw uli(�n /Lillld Dcv('lOi)nx'l►l I:n};illecrilig iuul Slnv(\ink
CUUIIIV C('111cr. 1 {w l W119
O I 7i11 I:I()(v
1O,S) 210) )(,v(,1 I:.A\ 274I . -,:
February 24, 1997
Harry Peacock, City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Ill ) ( 7
n C1 I
The attached map dated December 23, 1996 and description dated February 14, 1997 of
territory proposed to be annexed to the City of Saratoga entitled QUICKERT NO. 1 is in
accordance with Government Code Section 56826. The boundaries of said territory are
definite and certain. The proposal is in compliance with the Local Agency Formation
Commission's road annexation policies.
Very truly yours,
maz,�-, Z)t wegee-;;�)-
MARTIN D. MARCOTT
County Surveyor
Enclosures
cc: LAFCO Executive Officer (w /attachment)
George White
Iio„u(I OI St11wry AIt( 11,wl (\I I 1()l id, Iil,ux,I AI\,ir,xln, 1 i()t l (;O11 /; 111 ill .11 .. 1)1,11111(' N1('1y(•111 I,i
lnning
Land Surveying
Responsive Reliable Results Since 1953 Civil Engineering
Construction Staking
February 14, 1997
LEGAL DESCRIPTION
PROPOSED ANNEXATION TO CITY OF SARATOGA, CALIFORNIA
ENTITLED
QUICKERT NO.1
(See Mission Engineers, Inc. Dwg No. SL 10850)
Real Property in the County of Santa Clara, in the unincorporated area, State of
California, described as follows:
Part of the East one -half of the Northeast one - quarter of Section 14, T. 8S. R. 2W.,
M.D.B. & M., described as follows:
Commencing in the West line of said East one -half of the Northeast one - quarter of
Section 14, distant thereon S. 1' 36' 05" E. 442.42 feet from a 3/4 inch iron pipe at
the Northwest corner of said East one -half of the Northeast one - quarter of said Section
14, said point of commencement also being the Northwest corner of the parcel of land
described in the Deed to Donald N. Rodoni, et ux, recorded February 21, 1956, Book
3419 of Official Records, Page 611, thence from said point of commencement N. 63°
27' 55" E. 93.14 feet, thence along the arc of a tangent curve to the right, with a radius
of 75 feet thru an angle of 14° 09' 27" for a distance of 18.53 feet; thence along the arc
of a curve to the right from a tangent bearing N. 10° 38' 04" E. with a radius of 75
feet thru an angle of 26° 46' 40" for a distance of 35.05 feet to the TRUE POINT OF
BEGINNING; thence continuing along last said curve with a radius of 75.00 feet thru an
angle of 125° 59' 49" for a distance of 164.93 feet; thence along the arc of a tangent
curve to the left, with a radius of 79.66 feet thru an angle of 35° 27' 21" for a distance
of 49.30 feet; thence S. 52° 02' 48" E. 97.45 feet; thence along the arc of a tangent
curve to the right with a radius of 160 feet, thru an angle of 35° 23' 06" for a distance
of 98.81 feet; thence along the arc of a tangent curve to the left, with a radius of 263.18
feet thru an angle of 16° 09' 03" for a distance of 74.19 feet; thence S. 32° 48' 45"
E. 45.67 feet; thence along the arc of a tangent curve to the left with a radius of 30 feet
thru an angle of 112° 39' 03" for a distance of 58.98 feet; thence N. 34° 32' 12" E.
44.64 feet; thence along the arc of a tangent curve to the right with a radius of 50 feet
thru an angle of 61 ° 18' 57" for a distance of 53.51 feet; thence along the arc of a
tangent curve to the left with a radius of 33.50 feet thru an angle of 92° 57' 03" for a
distance of 54.35 feet thence along the arc of a tangent curve to the right with a radius of
109.71 feet thru an angle of 35° 21' 04" for a distance of 67.69 feet to a
Southeasterly line of the parcel of land described in the Deed to Wolfgang Levy, et ux,
recorded December 29, 1965, Book 7228 of Official Records, Page 343; thence along
Exhibit A, Page 1 of 2
2978 Scott Blvd. Santa Clara, California 95054 (408) 727 -8262 FAX (408) 727 -8285
Proposed Annex to Saratoga, February 14, 1997
the Southeast and Northwest boundaries of said parcel of land S. 38° 15' 10" W. 34.96
feet, N. 190 52' 03" E. 230.79 feet, N. 640 55' E. 170.38 feet, N. 260 13'
27" E. 88.55 feet, N. 360 07' E. 149.63 feet and N. 230 43' 59" E. 44.61 feet to
the Northerly line of said Section 14, said Northerly line being the CURRENT CITY OF
SARATOGA LIMITS LINE; thence along said line N. 880 57' 40" W. 403.22 feet
to the Southeast line of the parcel of land described in the Deed to Winston Clarke
Eikenbary, et ux, recorded September 6, 1960, Book 4907 of Official Records, Page 471;
also being the Northeasterly corner of Parcel A as shown on Record of Survey Map filed
in Book 186 of Maps on Page 53, Santa Clara County Records;
Thence, continuing along said Northerly line of Section 14, N. 880 57' 40" W. 305.80
feet to the Northeasterly corner of Parcel B as shown on said Record of Survey map;
Thence, leaving said CURRENT CITY OF SARATOGA LIMITS LINE, along the
boundary common to said Parcel A and said Parcel B S. 050 56' 20" E. 289.47 feet to
the Southerly most corner of said Parcel A;
Thence, along the Southerly boundaries of said Parcel B S. 610 22' 57" W. 83.28 feet,
along the arc of a curve with a radius of 105.00 feet deflecting to the left from a tangent
bearing N. 45° 47' 27" W. thru an angle of 1090 25' 00" for a distance of 200.52 feet;
Thence, along the arc of a tangent reverse curve with a radius of 20.00 feet, thru an angle
of 38° 40' 22" for a distance of 13.50 feet; thence along the arc of a curve with a
radius of 105.00 feet deflecting to the right from a tangent bearing N. 63° 27' 55" E. thru
an angle of 25° 28' 43" for a distance of 46.69 feet to the TRUE POINT OF
BEGINNING, and containing 6.49 acres, more or less.
M82 ;MS:C:\Proj\95374U.gidesc.Doc
QRp�ESS101,� I
Exhibit A, Page 2 of 2 E g G r
c
iA�`No. 2�5ti
�x c�
uj
z
w EXIST. CITY LIMITS LINE OF SARATOGA
w ° 0 NORTHERLY LINE OF SECTION 14 AS
I Q ESTABLISHED BY ORIGINAL INCORPORATION
t + � I OCTOBER 22, 1956
NORTHWEST CORNER I I o m '
E 1/2 NE 1/4 SEC 14 Q I O 517-14-087.
_ 1 112.74' ° ~ APPLETON, ARTH
_ �_ _ = ca I 193.06'
302.84' 88'57' "W 305.80' N 88'57'40" W 403.22' �~_��
�- WEST LINE E 1/2 NE 1/4 SEC. 14
' I T 85 R 2W MDB & M
C) I PARCEL A R/S 186 M 53
N co
_ „12
351.27 14 13
T8S R 21
LA 517 -25 -052
O \
w f EL- KAREN. AUGUSTS
o o ,�����
01
PARCEL 8 R/S 186 M 53 N95i OR 1974 �,, / Q
I 517 -25 -053 �^ 8 -8 -95 / OQ/ \ c�
o n KANG, KI D OI N 26'13'27" E 88.55'- gp, 4 -
c I 6 5ti • ' 4 p �/
517-25-011
APPLETON, ARTH
1pO
to
UNINCORPORATED AREA TR S �� 1
I POINT OF „��1 ��g ,�l0.38 JQ PRIVATE
BEGINNING ^ E�Q- 80' RIGHT OF WAY
517 -25 -037 ,�50� .� 4985 OR 193
EL- KAREN, AUGUSTE 6a.. ���
C3 �G � 517 -25 -036
000 N956 OR 1735 Q� LEVY, WOLFGANG
n I G� 1 C �,�o T gs 8 -11 -95 7228 OR 343
�� i9 ?o �s °
N/ ^' UNINCORPORATED
S 52'02 48 E !n AREA
97.45
\�� 38'115'10* W
396'
\ • S
POINT OF PRIVATE
o
COMMENCMENT 60' RIGHT OF WAY TA
4985 OR 193 n / 517 -25 -060 SCALE: 1"=1 00'
\ / ERNST,, •ARTHUR
O �/ �o� LEGEND
S 32 48 45 E r r. �� - - BOUNDARY UNE OF
45'67 \ / N 34.32'12" E � PROPOSED ANNEXATION
44.64' �= rniE AREA = 6.491 ACRES
PHILIPPE AUGER, R.C.E. 21500- EXPIRES 9 -30 -97
Gul0900m [EN(WH 2(�Cc� � 1A1V0o UNINCORPORATED
""" °"
WETP3N-= REMOLE RESULTS NC 1-95J AREA
2976 Scott Blvd. Sonta Clara. Calif 95054
(408 )727 -8262 FAX: (408) 727 -8286 95374 -N0. SL10850
0..N0. 2) 5 i- - -
c'lv IV
• �� C -F C�L��%
BOUNDARY UNE OF
EXISTING LOT
EXISTING CITY LIMIT UNE
0�
�f
�a to
ao• '�
i
- LOCATION MAP -
CURVE DATA
I
NUMBER
RADIUS
DELTA
ILENGTH
Cl
75.00
14'09'27"
118.53 J
C2
75.00
26'46'40"
35.05 1
C3
75.00
125'59'49"
164.93
C4
79.66
35'27'21"
49.30
CS
160.00
35'23'06"
98.81
C6
263.18
16'09'03"
74.19
C7
30.00
112'39'03"
58.98
C8
50.00
61'18'57"
53.51
C9
33.50
92'57'03'
54.35
C10
109.71
35'21'04"
67.69
C11
105.00
109'25'00"
200.52
C12
20.00
38'40'22"
13.50
C13
1105.00
25'28'43"
146.69
EXHIBIT
PROPOSED ANNEXATION
TO: CITY OF SARATOGA, CA
ENTITLED: QUICKERT NO.1
I DATE 12 -23 -96 1 SCALE 1 "-100' 1
14
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: September 17, 1997 CITY MANAGER ,
ORIGINATING DEPT.: Administrative Services
SUBJECT: ABAG'S Power Purchasing Pool for Electricity
Recommended Action(s): Approve the attached resolution authorizing participation in the program
and authorizing the City Manager to sign the Joint Powers Agreement and Direct Access Electric
Aggregation Agreement.
Background
In 1996 and 1997, the California Public Utilities Commission and the State Legislature acted to
deregulate the electric utility industry in the State of California. Starting January 1, 1998, all
customers of PG &E are eligible to contract directly with the power supplier of their choice to
obtain power supply.
In order to facilitate the participation of local governments in the new deregulated market, the
Association of Bay Area Governments (ABAG) created a Power Purchasing Pool for local
government agencies in 1995. To pilot its efforts in this area, ABAG created a Natural Gas
Purchase Program, in which the City of Saratoga participates with 31 other public agencies. In the
first year of its operation the Natural Gas Program achieved a 7 percent savings for participants. In
November 1996, ABAG issued an RFP for Power Supply and Services on behalf of 130 local
government agencies participating in ABAG's RFP. On behalf of the RFP participants, ABAG
evaluated proposals from qualified suppliers, power marketers, and utilities and negotiated
agreements with a team of suppliers and service providers to create a comprehensive power
purchasing program for local governments. At this time, ABAG is offering to enroll local
governments in the program for the 1998 calendar year. The deadline for enrollment is September
30, 1997.
Program Description
Under the terms of the program, ABAG will purchase power for each participant in the program
and arrange for its delivery (transmission) to the PG &E system. PG &E will be responsible for
ensuring delivery of the power to the end users as well as for routine maintenance and emergency
response services. ABAG, via its billing agent, will invoice participants for power charges,
transmission charges, and PG &E distribution charges, which will also include a competitive
transition charge and a public benefits charge. Payments from participants will go to an escrow
account, from which ABAG will authorize the payment of all suppliers and service providers.
Based on its current arrangements with two suppliers to provide low cost power, ABAG estimates
that the rate of savings for the program will be approximately 4 percent less than PG &E's bundled
rate service in the first year of the new deregulated market. ABAG rates will be established in Fall
1
1997 after ABAG has completed its purchase of needed power. Rates will be structured to reflect
the relative cost of peak and off -peak power. ABAG anticipates it will have a specific rate for
streetlighting. ABAG recommends that participants bring all of their electric accounts into the
program in order to maximize the load aggregation potential of the pool. Power suppliers were
selected using a competitive process.
Power suppliers and service providers for the program were selected using a competitive process on
the basis of the price of commodity and services compared to other firms offering the same product
or service. Power suppliers currently under MOU with ABAG include Seattle City Light with
CNG Energy Services and PG &E Energy Services. Service providers were selected on the basis of
competence to perform the desired service and the extremely competitive price offered. Billing
services will be provided by Arizona Public Service Company. The Northern California Power
Agency will provide schedule coordination, dispatch, and commodity management services.
Participation in the program is governed by two agreements: 1) Joint Powers Agreement and 2)
Direct Access Electric Aggregation Agreement. ABAG is forming a joint powers agency to house
this program and the existing natural gas purchasing program. The joint powers agency is required
to insulate ABAG's other planning and service programs from the cashflow and legal requirements
of the Power Pool. The joint powers agreement must be executed by each public agency
participating in the program. The Direct Access Electric Aggregation Agreement stipulates the
commercial terms of the program, including the participant's commitment to purchase power from
ABAG and to pay for other charges incurred by the Pool on behalf of all participants. The initial
term of the Agreement is one year.
ABAG will charge participants a per -kW administrative fee to cover the cost of administering the
program, including the cost of obtaining consulting expertise to design rates and purchase
additional power supplies and to pay for the monthly services of the Schedule Coordinator.
ABAG's Administrative Fee will be approved by the Power Purchasing Pool Committee in Fall
1997 after the final supply arrangements have been made and the rate structure has been
announced.
As a participant in the program, the City of Saratoga will have a representative on the governing
body for the Joint Powers Agency and will have access to the expertise of ABAG's consultants and
service providers.
Fiscal Impact
ABAG estimates that total savings in the first year of the electric program will be approximately
four percent less than what the City of Saratoga would otherwise pay PG &E for the same service.
In 1996, ABAG estimated that the natural gas program would achieve only a two to three percent
savings; however, at the end of the first year, the program posted a seven - percent savings due to
pipeline rebrokering and other commodity management activities. Based on ABAG's experience
with natural gas, ABAG anticipates that commodity management and rebrokering of excess power
may result in actual savings in the electric program exceeding this conservative projection. For
example, a four percent savings on our current electric bill would result in savings of about $3,000.
Follow Up Actions
Sign agreements and return to ABAG for processing.
2
0;
Consequences of Not Acting on the Recommended Motions
The City will not realize the estimated 4% savings on its electricity costs.
EXECUTIVE SUMMARY NO.
SARATOGA CITY COUNCIL
AGENDA ITE
MEETING DATE: September 17, 1997 CITY MGR.:
ORIGINATING DEPT.:COMMUNITY ENVIRONMENT
19012MONW:U
SUBJECT: Hakone Gardens Restrooms, Capital Project No. 9704 - Award
of Construction Contract
Recommended Motion(s):
1. Move to declare PASCON of Saratoga to be the lowest responsible
bidder on the project.
2. Move to award a construction contract to PASCON in the amount of
$89,510.
3. Move to authorize staff to execute change orders to the contract
up to $6,000.
Report Summary:
Sealed bids for the Hakone Gardens Restrooms, C.I.P. No. 9704, were
opened on September 11.
A total of five contractors submitted bids for the work and a
summary of the bids received is attached (Attachment 1). PASCON of
Saratoga submitted the lowest bid of $89,510 which is 5.8% below
the Engineer's Estimate of $95,000. Staff has carefully checked the
bid along with the listed references (Attachment 2) and has
determined that the bid is responsive to the Notice Inviting Sealed
Bids dated August 20.
It is therefore recommended that the Council declare PASCON to be
the lowest responsible bidder on the project, and award the
attached construction contract (Attachment 3) to this firm in the
amount of their bid. Further, it is recommended that the Council
authorize staff to execute change orders to the contract up to an
amount of $6,000 to cover any unforeseen circumstances which may
arise during the course of the work.
Fiscal Impacts:
Funding for this work is programmed in the adopted budget in
Capital Project No. 9704. The adopted budget contains sufficient
funds to cover both the base contract and recommended change order
amounts.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Actinq on the Recommended Motions:
PASCON will not be declared the lowest responsible bidder and a
construction contract will not be awarded to that firm. The
Council may make specific findings to declare another bidder to be
the lowest responsible bidder, or reject all of the bids and direct
staff to re -bid the entire project. However, staff does not
believe that a lower bid will be obtained by re- bidding the project
due to the competitive nature of the current bids received.
Follow UD Actions:
The contract will be executed and the contractor will be issued a
Notice to Proceed. The work is expected to last for 6 weeks.
Attachments:
1. Bid Summary.
2. References.
3. Construction Contract.
I
City of Saratoga
Bid Summary: Hakone Gardens Restrooms, Capital Project No. 9704
Bid Opening Date: September 11, 1997
k3.,
Redwood
Bruns Belmont
Jim Duffy
Engineer's Estimate
Pascon
Plainfield
General &
Construction
Mechanical
Inc.
Construction
Item #
Item Description
Quantity
Units
Unit Price
Total
Unit Price
Total
Unit Price
Total
Unit Price
I Total
Unit Price
Total
Unit Price---F
Total
1
Construct Restrooms per Plans
11
LS
N/A
$95,000
N/A
$89,510
N/A
$90,324
N/A
$93,733
N/A
$97,700
N/A
$107,984
k3.,
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is requested to state below what work of similar
magnitude or character bidder has done and to give reference that
will enable the City to judge bidder's experience, skill and
business standing and ability to conduct the work as completely and
as rapidly as required under the terms of the contract.
Project Owner's
Completion Name and Contract
Project Date Telephone No. Amount
SMG i'10 � "'j , ti Ste. Gr�O
408- cm 83
��°�' wt +u ✓ a6 sue. PO4
9�S- ti657 9oS`i
Nom,, �...,N, �M,� �1.�✓ � 9T_ m.... � T -�-t-� � a� ciao .
<1tS y9Z •OG �
t4crAD q"1 k'i y►nTa ✓�►,i 20 c5bc�
Arl
7.
r PC Le
14 C'-
8
N
CITY OF SARATOGA
SANTA CLARA COUNTY, CALIFORNIA
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
HAKONE GARDENS RESTROOMS
CAPITAL PROJECT NO. 9704
THIS CONTRACT, made this 17th day of September, 1997, by and be-
tween the City of Saratoga, a Municipal Corporation, in Santa Clara
County, California, hereinafter called the City, and
PASCON
hereinafter called the Contractor.
WITNESSETH:
WHEREAS,the City has caused to be prepared in the manner prescribed
by law, plans, specifications and other contract documents, for
the work herein described and shown and has approved and adopted
these contract documents, specifications and plans and has caused
to be published in the manner and for the time required by law, a
Notice Inviting Sealed Bids for doing the work in accordance with
the terms of this Contract, and
WHEREAS, the Contractor in response to said Notice has submitted to
the City a sealed bid proposal accompanied by a bid guaranty in an
amount not less than ten percent (10%) of the amount bid for the
construction of all of the proposed work in accordance with the
terms of this Contract, and
WHEREAS, the City, in the manner prescribed by law, has publicly
opened, examined and canvassed the bids submitted and as a result
has determined and declared the Contractor to be the lowest
responsible bidder and has duly awarded to the Contractor a
contract for all of the work and for the sum or sums named in the
bid proposal and in this Contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. WORK TO BE DONE:
That the Contractor shall provide all necessary labor, machinery,
tools, apparatus and other means of construction; shall furnish all
materials, superintendence and overhead expenses of whatever nature
necessary to construct all of the improvements for the City of
Saratoga in conformity with the plans, specifications and other
contract documents and according to such instructions as may be
given by the Saratoga Director of Public Works or his authorized
agent.
15
J
ARTICLE II. CONTRACT PRICES
Except as provided in Section IV B of the Specifications ( "Changes
and Extra Work "), the City shall pay the Contractor according to
the prices stated in the bid proposal submitted by the Contractor,
which shall include all applicable taxes, for complete performance
of the work.
The Contractor hereby agrees to accept such payment as full
compensation for all materials and appliances necessary to complete
the work; for all loss or damage arising from the work or from
action of the elements, or from any unforeseen obstruction or
difficulties which may be encountered in the prosecution of the
work; incurred in and in consequence of the suspension or
discontinuance of the work; as hereby specified; for all liabili-
ties and other insurance; for all fees or royalties or other ex-
penses on account of any patent or patents; for all overhead and
other expenses incident to the work and expected profits; and for
well and faithfully performing and completing the work within the
time frame specified in the Notice to Proceed, all according to the
contract plans and specifications, the details and instructions,
and the requirements of the City.
ARTICLE III. PARTS OF THE CONTRACT:
That the complete contract document consists of the following:
1.
Notice Inviting Sealed Bids
6.
Performance Bond
2.
Bid Proposal
7.
Labor and Material Bond
3.
Bidder's Bond or Bid Guaranty
8.
Plans
4.
Contract for Public Works
9.
Specifications
Construction
10.
Insurance Certificates
5.
Hold Harmless Clause
11.
Prevailing Wage Rate
In case of any conflict between this Contract and any other part of
the contract, this Contract shall be binding.
IN WITNESS WHEREOF, the City has caused its corporate name to be
hereunto subscribed and its corporate seal to be hereunto affixed
by its City Manager and its City Clerk thereunto duly authorized
and the Contractor has executed these presents the day and year
hereinabove written.
16
I
AWARDED BY CITY COUNCIL:
Date : September 17, 1997
ATTEST:
City Clerk
The foregoing Contract is
approved as to form this
day of OF
19
City Attorney
CITY OF SARATOGA:
CONTRACTOR:
By
Title
License No.
Tax ID or SSN
"Funds verified "
Finance Office Date
IVA
Contract No.
1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: SEPTEMBER 17, 1997
ORIGINATING DEPT.: COMMUNITY
ENVIRONMENT
AGENDA ITEM
CITY MANAGER:
DEPT. HEAD: r_, ., . /2 1
f4 &40t^-
SUBJECT: Declaration of surplus property - Vehicle No. 73
RECOMMENDED MOTION(S):
Move to declare Vehicle No. 73 as surplus property and authorize its sale at auction.
REPORT SUMMARY:
At your previous meeting, the Council declared several City owned vehicles as surplus property
and authorized their sale at auction. One additional vehicle mistakenly left off of the list is Vehicle
No. 73, the former City Manager's car, a 1990 Chevy Celebrity station wagon. Since this vehicle
is no longer needed in the City's fleet, it is recommended that this vehicle be declared as surplus
property so that it too can be sold at the upcoming auction on September 20. Since the vehicle
has an appraised value in excess of $500, the Council must first declare it as surplus property and
authorize its disposition.
FISCAL IMPACTS:
The appraised value of the vehicle is $1,950. Proceeds from the sale will be recorded as revenue
to the General Fund as Sale of Property.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The vehicle would not be declared surplus and would remain in the City's possession.
FOLLOW UP ACTIONS:
The vehicle will be prepared for auction.
ATTACHMENTS:
1. Memo from Public Works Services Manager dated September 9.
2. Municipal Code Section 2- 45.170.
DATE: SEPTEMER 9, 1997
TO: LARRY PERLIN
FROM: GARY ENRIQUEZ
SUBJECT: DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION TO DISPOSE
OF SAME
ACTION REQUESTED: Declare vehicle # 73 - A 1990 Chevrolet Celebrity Station Wagon, As
surplus property and authorize its disposal through Public Auction
BACKGROUND: Vehicle # 73 a 1990 Chevrolet Celebrity Station Wagon, originally purchased for use
by the City Manager for conducting city business, and most recently the vehicle was assigned to the City
Building Offical and as a pool vehicle for use by city employees. This vehicle has in excess of 64,760
miles, and is several years past its scheduled replacement date.
First Capitol Auction Co. was contacted, and they appraised the vehicles auction value at $ 1,950.00
I am recommending vehicle # 73 be deemed surplus and request authorization to dispose of the same at
public auction September 20,1997.
2- 45.130
of bid opening until the contract has been awarded by
the City Council.
(d) Rejection of bids. If, in the opinion of the City
Council, none of the bids is satisfactory, the Council may
reject all bids and either purchase the supplies or services
in the open market or readvertise for new bids.
(e) Award of contract. Except as otherwise provided
herein, a contract shall be a ,,arded to the lowest responsi-
ble bidder, taking into consideration the criteria listed
in Section 2- 45.090 of this Article.
(f) Tie bids. If two or more bids received are for the
same total amount or unit price, quality and service being
equal, and if a delay for readvertisement would not be
in the public interest, the City Council may accept the
bid it chooses or accept the lowest bid made by negotiation
with the tie bidders at the time of the bid opening.
(g) Performance bond. The City Council may require
that a performance bond be furnished before entering into
a contract with a successful bidder. The form and amount
of such bond shall be satisfactory to the Purchasing Officer
and in compliance with the contract specifications.
(h) Waiver of irregularities. The City Council may
waive any minor irregularities in the bids, based upon
a determination that the same have no material impact
upon the bidding process or other bids submitted.
(i) No bids. If no bids are received in response to
the notice inviting bids, the City Council may proceed
to purchase the supplies or services without further com-
petitive bidding.
2- 45.140 Request for proposals.
(a) The City Council may utilize the request for
proposal method of purchasing supplies or services upon
a determination that competitive bidding is not practical
or advantageous to the City because:
(1) Quality, capability, performance or qualification
is overriding in relation to price; or
(2) Delivery, installation, service, maintenance, reliabil-
ity or replacement is overriding in relation to price; or
(3) In the opinion of the City Council, the marketplace
will respond better to a solicitation permitting a range
of alternative proposals or evaluation and discussion of
proposals before entering the contract.
(b) Proposals shall be solicited in such manner as
directed or approved by the City Council. The identity
of persons responding to the request for proposals and
the content of proposals submitted to the City may be
kept confidential during the process of negotiation and
until a contract is awarded.
(c) The request for proposals shall state evaluation
factors. Discussions may be conducted with responsible
26
offerors and revisions to proposals, based upon such dis-
cussions, may be accepted.
(d) The contract award shall be based upon the propos-
al determined by the City Council to be most advantageous
to the City, taking into consideration price and the evalu-
ation factors set forth in the request for proposals.
(e) The City Council may reject any and all proposals
if such rejection is deemed to be in the best interests of
the City. The Council may thereupon direct that proposals
be solicited or utilize any other purchasing method set
forth in this Article.
245.150 Inspection and testing.
The Purchasing Officer shall inspect, or cause to be
inspected, all deliveries of supplies or services to deter-
mine their conformance to specifications set forth in the
purchase order or contract. The Purchasing Officer shall
have the authority to require any tests necessary to deter-
mine quality and conformance with specifications.
245.160 Joint purchase with other agencies.
Notwithstanding any other provision 'of this Article,
the Purchasing Officer may issue a joint purchase order
together with any other city, county, or public agency
in the State for the purchase of supplies or services,
provided the specifications for such supplies or services
have been approved by the Purchasing Officer if the cost
thereof is less than Fifteen Thousand Dollars, or by the
City Council if the cost thereof is Fifteen Thousand
Dollars or more, and provided further that at least one
of the other agencies has solicited or advertised for bids
in a manner similar to the applicable procedures set forth
in this Article.
2- 45.170 Disposal of personal property.
The Purchasing Officer shall have authority to dispose
of personal property of the City which cannot be used
by any department or has become obsolete or worn out.
The disposition may be accomplished by negotiated sale,
public auction, exchange or trade in for other supplies
or, upon a determination by the Purchasing Officer that
the property has no commercial value, by abandonment,
destruction or donation to a public body or a nonprofit
charitable or civic organization. The disposition of any
property having a value of Five Hundred Dollars or more
shall first be authorized by the City Council.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.:
MEETING DATE: September 17, 1997
AGENDA ITEM: (O
ORIGINATING DEPARTMENT: ommunity Environment
CITY MANAGER: ' DEPARTMENT HE
SUBJECT: UP 97 -006; MQ Heritage Corporation - 14337 Taos Drive
Appeal of a Planning Commission Use Permit denial to construct a
390 square foot cabana within the rear yard on a 48,453 square
foot parcel. The subject parcel is Lot 3 of the Sisters of Mercy
Subdivision, approved in April 1993, and is located in an R -1-
40,000 zoning district.
RECOMMENDED MOTION
Approve the appeal pursuant to City Code Section 2- 15.050 (b).
REPORT SUMMARY
At the August 13, 1997 public hearing, the Planning Commission
considered a Use Permit proposal from the MQ Heritage Corporation
to construct 390 square foot cabana structure at a height of 10
feet within the required rear yard setback area. The project met
all Zoning Ordinance requirements for height, setback, floor area
and lot coverage, and staff found that all of the necessary
findings could be made to recommend approval of the request.
The Planning Commission visited the property, reviewed staff's
analysis and recommendation and took testimony from the
applicant's representative at the public hearing. The Commission
then voted 3 -3 to deny the Resolution (Pierce, Siegfried, and
Murakami opposed) . The motion failed due to the tie vote and the
item was automatically continued to the next Planning Commission
public hearing on September 10, 1997 for a new vote.
The applicant did have the option of taking the tie vote as a
denial pursuant to City Code section 2- 15.050 (b). Due to the
vacancy on the Commission there was no likelihood that a new vote
would grant them approval of the application. Therefore, the
applicant chose to take the tie vote as a denial and appeal the
decision to the City Council.
MQ Heritage Appeal
Page 2
ISSUES
At the public hearing the Commission discussed concerns regarding
the amount of impervious coverage on the lot, which three of the
Commissioners felt was excessive. At 35% lot coverage, the
proposal was at the maximum permitted for this zoning district.
There was no neighborhood opposition to the cabana.
PUBLIC NOTICE
A project notice was mailed to property owners within a 500 ft.
radius of the subject parcels and published in the Saratoga News.
FISCAL IMPACTS
None.
CONSEQUENCES OF NOT ACTING ON THE RECOMMENDED MOTIONS
If the City Council upholds the Planning Commission's denial
motion and denies the appeal, the applicant will be required to
relocate the proposed structure outside of the rear yard setback
so that a Use Permit is unnecessary.
FOLLOW UP ACTIONS
A Resolution will be prepared and scheduled for adoption at the
next regular City Council meeting reflecting the Council's action
ATTACHMENTS
1. Planning Commission minutes dated August 13, 1997
2. Letters from adjacent neighbors with map
3. Staff Report dated August 13, 1997 (with attachments)
4. Plans, Exhibit "A"
heather \ccmemo \mqhert -m
Date Received: 2% kU &-A
Hearing Date: 11 (7vr�
HAUG 2 % 1997
Fee: $675 CITY s.yF SARATOG,�
Receipt No.:
413 t CITY MANt%GEh'S OFFICE
0
APPEAL APPLICATION
Name of Appellant: �CR)TA615 CORFOR4riO J T, VFRA-
Address: % 13075 RON N 19 VU fty 514R�rbor , Gli- q 50 70
Telephone: C 40d i 3 9991
Name of Applicant (if flE5I6#c-r-.
different from Appellant: E-V—VIN L.44VVS 2o(? Co"LAA wh-N , S•6• aSr3o
Project File Number and Address: U F qi - Wo 14-337 T-A-05 M YE M*TOW
Decision Being Appealed: QEHtkt- orL USE PAM lT
Grounds for Appeal (letter _.
*Appellant's Signature T- GLI PC V5"Rpl
*Please do not sign until application is presented at City offices. If you
wish specific people to be notified of this appeal, please list them on a
separate sheet -�( MR. E(kJIri L• NABS (.A5 gPve A'DARt-SS)
THIS APPLICATION MUST BE SUBMITTED TO THE CITY CLERK, 13777 FRUITVALE
AVENUE, SARATOGA CA 95070, BY 5:00 P.M. WITHIN FIFTEEN (15) CALENDAR DAYS
OF THE DATE OF THE DECISION.
.a
F
F; yam-
File No. W q1-00(0
AUTHORIZATION FOR PUBLIC NOTICING
Z.Q. ➢E VERft "r-op,
I, M HJjP. TJ4G - CORP. , as appellant on the above file, hereby
authorize Engineering Data Services to perform the legal noticing on the
above file.
q 4 ER T" E CO R ?.
Date. AUK' 27 x94 signature: T'
?'
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, August 13, 1997 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
----------- - ------------------------------------------------- - - - - --
Present: Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried
Late: None
Absent: None
Staff: Walgren, Tate
Pledge of Allegiance
Minutes - July 23, 1997
Changes requested:
Page 3 - Item 2., COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE
RESOLUTION DR -97 -029 WITH THE CONDITION THAT TWO FIREPLACES BE GAS
BURNING ONLY AND TWO BE W999BUPRi EQUIPPED WITH GAS STARTERS.
Page 5 - COMMISSION ITEMS - 2. Commissioner Bernald advised that
the cents -`-- architect for the Library expansion would be the
Spencer Company.
Oral Communications
No comments were offered.
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting
was properly posted on August 7, 1997.
Technical Corrections to Packet
Item #4 should read R -1- 10,000 zoning district instead of R -1-
40,000 zoning district.
CONSENT CALENDAR
�-�. DR -97 -024 (APN 389 -17 -034) - WANG, 18731 DUNDEE AVENUE; Request for
Page
Design Review approval to const a 3,005 sq. ft. two -story residence
in place of an existing 1,872 ft. one -story residence. The project
side it 9,870 sq_ and is 1 ed within an R - =1- 10,000 zoning district.
(Continued from 7/9 to 8/13/97 at the direction of the Planning
Commission to re a plans; applicant is requesting continuance to
9/24/97. City view deadline is 12/29/97.)
Letter,Rfcepted. APPROVED 6/0.
2. UP -97 -006 (APN 397 -16 -149) - MQ HERITAGE CORPORATION, 14337 TAOS DRIVE;
Request for Use Permit approval to construct a new 390 sq. ft. cabana
pursuant to Chapter 15 of the City Code. The parcel is 48,453 sq. ft.
in size, located in an R -1- 40,000 zoning district.
-----------------------------------------------------------------------
Community Development Manager Walgren presented the staff report advising-
that this project meets all requirements as well as protects significant
trees. He recommended approval.
Chairwoman Patrick opened the public hearing at 7:41PM.
The building designer of the project, Ervin Haws, concurred with the st:
report and also stated that the cabana was positioned so the neighbors wouL"
be shielded from activities.
Pinn Brothers' representative Chuck Bommarito supported this request.
COMMISSIONERS PIERCE / KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:50PM.
Bernald /Patrick /Kaplan were concerned with excessive coverage on the lot.
Pierce /Siegfried /Murakami found evidence to support the project.
COMMISSIONERS KAPLAN / BERNALD MOVED TO DENY RESOLUTION UP -97 -006. RESOLUTION
REJECTED 3/3. BERNALD /KAPLAN /PATRICK OPPOSED.
3. DR -97 -039 (APN 397 -16 -144) - PINN BR CONSTRUCTION, 14232 TAOS
COURT; Request for Design Review appro to construct a new 6,170 sq.
ft. two -story residence pursuant to apter 15 of the City Code. The
parcel is 49,000 sq. ft. in s' located in an R -1- 40,000 zoning
district.
Walgren presented staff reporting that staff recommends approval.
Chair Patrick opened the lic hearing at 7 :57PM.
Applicant, Chuck Bo rito, was in agreement with staff report.
Commissioners rakami and Kaplan discussed the false balcony design and
fireplaces.
Sep 10 1997 07:56RM FROM TO 8678894 P.01
9-09 -1997 6,04AM FROM WYATT ENTERPRISES 4088678894 P_2
Pei
SeFtsmber S, 1997
Satstoda City Council
SwdoM CA 98070
To City Council Members,
Ws We buyer of Lot 2, uadsr OMMUC000 is DPoalw ftM in
3WtUgC Off plOprrty bans 0090160 UMC, and iV xeu of sue
subject gnWq at 14337 Tsa Dtivo, whom oasm han applied
rot s permit to ooasiruct 11 390 pane foot pod cabana. We my is
agmement with OR* proposed pine, sad wilt tv rrpport their
m quest for appmal of this straoturs.
ain�a+oty,
Sam And Alma Maki
FROM : MICRO - MECHANICS USA PHONE NO. : 408 872 0693 Sep. 10 1997 07:37AM P1
'-roo -1WW 10,2dgM ;:901 WYATT DVTERcRlS�S a0aSG7Sag4
p. 1
September 8, 1997
Saratoga City Council
Saratoga, CA 95070
Dear City Council Members:
Our neighbors directly to the south of our property at 14315 Taos Drive in
Saratoga ate Applicants for a 390 sVm* foot pool cabana on their property.
We share a fence along the back of our properties, so we would have possibly
the most impact from the cvnsttu;U9n of tW cabana.
We are writing to lend our 3uppart for apporoval of this structure. They have
met with us, shared their plain and. fully explained its size and location, and
we fuel it would complesuent their property. We are in torsi accord and
acceptance of their intentions.
Sincerely,
44efd
Chris and Andrea Bok)k
I
51,236 S.F.
C:
59,289 S.F.
53,183 S.F.
1
DOUGLASS
Z
Z
O
z
49,070 S.F.
7 8
TAOS COURT
5 4
48,011 S.F.
40,428 S.F.
FINN 5Ro5.
�Es (DENc c
�RgKI SU�J�Gj
E e I PEN GC- FRO ?�RfiY 3
45,587 S.F.
44,991 S.F.
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1
oust s concept.
Item 1
REPORT TO THE PLANNING COMMISSION
Application No. /Location: UP -97 -006; 14337 Taos Dr.
Applicant /Owner: MQ Heritage Corporation
Staff Planner: Heather Bradley
Date: August 13, 1997
APN: 3 9 7 -16 -149' Director Approval:
000001
File No. UP -97 -006; 14337 Taos Drive
Application filed:
6/25/97
Application complete:
7/23/97
Notice published:
7/30/97
Mailing completed:
7/31/97
Posting completed:
7/24/97
Request for Use Permit approval to construct a 390 square foot
cabana within the rear yard pursuant to Chapter 15 of the City
Code. The subject parcel is 48,453 square feet located within an
R -1- 40,000 zoning district.
Approve the Use Permit application by adopting Resolution UP -97-
006.
1. Staff Analysis
2. Resolution UP -97 -006
3. Plans, Exhibit "A"
File No. UP -97 -006; 14337 Taos Drive
STAFF ANALYSIS
ZONING R -1- 40,000
GENERAL PLAN DBSIGNATION Residential - Very Low Density
MEASURE G: Not applicable
PARCEL SIZE 48,453 sq. ft.
AVERAGE SITE SLOPE 4$
pelf "N :•s4W,—T.aP
MATERIALS AND COLORS PROPOSgD To match existing residence.
LOT COVERAGE
SIZE OF
1st Floor:
2nd Floor:
Proposed Cabana:
TOTAL:
Front: 45
Rear: 13
Interior Side: 31
Exterior Side: 150
35%-
10 ft.
5,200
sq.
ft.
528
sq.
ft.
390
sq.
ft.
6,118
sq.
ft.
CODE REQUIREMENT/
ALLOWANCE
35$
10 ft.
6,120 sq. ft.*
Front: 45 ft.
Rear: 12 ft.
Interior Side: 25 ft.
Exterior Side: 25 ft.
* A floor area exception was approved with the original design
review application. See following discussion.
The applicant is requesting Use Permit approval to construct a 390
square foot cabana located within the rear yard. The cabana is
designed to match the existing residence, with a matching stucco
exterior, pre -cast columns and widow details. Use Permit approval
is required to allow the cabana to exceed 250 square feet.
The existing floor plan will include a game room, exercise room,
bathroom, and outdoor covered patios.
3
File No. UP -97 -006; 14337 Taos Drive
The original design review approval granted an exception to the -
floor area reduction for the 23 foot height of the main residence.
The applicants then made a slight modification to their design
which converted one space of the three car garage into a carport,
giving them an additional 392 square feet of floor area to add.
Trees
The proposed cabana has been located to minimize impacts to
significant trees, and no trees would be removed to accommodate
construction of the cabana. Standard tree protective measures have
been included as conditions of approval in the attached Resolution
including protection of trees on the adjacent lots.
The proposed cabana is designed to conform to each of the policies
set forth in the City's Residential Design Handbook and to satisfy
all of the findings required within 15- 55.070 of the City Code.
The project further satisfies all other zoning requirements in
terms of allowable floor area, maximum height and impervious
coverage.
Approve the application by adopting Resolution UP -97 -006.
RESOLUTION NO. UP -97 -006
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
MQ HERITAGE CORPORATION: 14337 TAOS DRIVE
WHEREAS, the City of Saratoga Planning Commission has received
an application for Use Permit approval to construct a new 390
square cabana with a maximum height of 10 feet on a 48,453 square
foot parcel; and
WHEREAS, the Planning Commission held a duly noticed Public
Hearing at which time all interested parties were given a full
opportunity to be heard and to present evidence; and
WHEREAS, the Planning Commission finds:
a. That the proposed cabana is in accord with the objectives
of the Zoning Ordinance and the purposes of the Single Family
Residential zoning district.
b. That the proposed cabana and the conditions under which it
would be maintained will not be detrimental to the public health,
safety or welfare, nor materially injurious to properties or
improvements in the vicinity in that appropriate conditions have
been placed on the project to minimize potential impacts.
C. That the proposed cabana will comply with each of the
applicable provisions of the Zoning Ordinance.
NOW, THEREFORE, the Planning Commission of the City of
Saratoga does hereby resolve as follows:
Section 1. After careful consideration of the site plan, and
other exhibits submitted in connection with this matter, UP -97 -006,
the application of the MQ Heritage Corporation for Use Permit
approval be and the same is hereby granted subject to the following
conditions:
1. The proposed addition shall be as shown on the approved plans,
Exhibit "A ", incorporated by reference.
2. Prior to submittal for Building Permits, the following shall
be submitted to Planning Division staff in order to issue a
Zoning Clearance:
a. Four (4) sets of complete construction plans incorporat-
ing this Resolution as a separate plan page.
3. The Planning Commission shall retain continuing jurisdiction
over the Use Permit and may, at any time, modify, delete or
impose any new conditions of the permit to preserve the public
health, safety, and welfare.
6
File No. UP -97 -006; 14337 Taos Drive
4. All building and construction related activities shall adhere
to New Development and Construction - Best Management
Practices as adopted by the City for the purpose of preventing
storm water pollution.
5. Applicant agrees to hold City harmless from all costs and
expenses, including attorney's fees, incurred by the City or
held to be the liability of City in connection with City's
defense of its actions in any proceeding brought in any State
or Federal Court, challenging the City's action with respect
to the applicant's project.
6. Noncompliance with any of the conditions of this permit shall
constitute a violation of the permit. Because it is
impossible to estimate damage the City could incur due to the
violation, liquidated damages of $250 shall be payable to the
City per each day of the violation.
Section 2. Construction must be commenced within 24 months or
approval will expire.
Section 3. All applicable requirements of the State, County,
City and other governmental entities must be met.
Section 4. 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 August 1997, by the
following roll call vote:
AYES:
NOES:
ABSENT:
Chair, Planning Commission
ATTEST:
Secretary, Planning Commission
a
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: September 17, 19
ORIGINATING DEPT. Office of the
SUBJECT: Approval of Agreement
Management Joint Exerc
Recommended Motion
AGENDA ITEM
97 CITY MANAGER
City Manager
Forming West Valley Solid Waste
ise of Powers Authority
It is recommended that the City Council approve and authorize the
Mayor to sign an Agreement forming the West Valley Solid Waste
Management Joint Exercise of Powers Authority.
Report Summary:
Last March, the West Valley Cities of Campbell, Los Gatos, Monte
Sereno and Saratoga each granted conceptual approval to form a
Joint Powers Authority (JPA) to oversee the Cities, solid waste
management efforts. Staff was directed to prepare an agreement.
In the intervening time, the Cities have completed negotiations and
executed new solid waste collection and disposal agreements with
the franchisees, Green Valley Disposal Co., and Guadalupe Rubbish
Disposal Co. The new agreements, for the first time, include
performance standards to assure that the fixed rate funding
structure would not result in disincentives to providing quality
services.
Thus, the agreements require careful attention to performance
monitoring in a coordinated manner. Further, since the new
agreements will expire in 2007, the cities in the JPA will benefit
from having an informed and functioning governing board in place to
define and carry out the process of selecting collection and
disposal service providers beyond the end of the current franchise
period.
Discussion:
The recently adopted agreements with Green Valley Disposal Company
and Guadalupe Rubbish Disposal Company for solid waste collection
and disposal services as well as the existing agreements for
recycling and yard waste can be jointly administered by the
proposed JPA on behalf of the four member agencies. The
consolidation of administration can reduce the total amount of
staff time dedicated to this activity while retaining the
individual service requirements of each City.
Page 2 - Solid Waste Management JPA
Discussion continued
The new process for adjusting customer base rates is a CPI driven
formula but also provides for annual adjustment of each city's
surcharge fees according to individual need. (The surcharge fees
in Saratoga provide a funding source for the City to pay for the
Household Hazardous Waste Program, Storm Water Management Program,
certain Animal Control services, and the Solid Waste Program
administrative expenses). The proposed JPA Board would annually
determine the CPI adjustment to base rates and fix the appropriate
rates based upon identified surcharge requirements for each city.
Robert Logan, Monte Sereno's City Attorney, has prepared the
attached agreement on behalf of all four Cities. The agreement
establishes a Board of Directors comprised of one elected official
from each City and an appointed Executive Director. The JPA Board
would be authorized to perform a number of activities to further
the Cities' interests in the function of solid waste program
management including the following:
Make and enter into contracts and issue Requests for Proposals
for the handling and /or disposal of solid waste, green waste
and recyclables;
Apply for and accept grants, advances and contributions;
Employ or contract for the services of agents, employees, or
consultants; and
Conduct special studies.
Saratoga's representative on the JPA Board can be selected by the
City Council at a later date after all four cities approve the JPA.
Staff support to the JPA would be provided by administrative staff
from each of the Cities who are currently assigned to the existing
cooperative program's Rate Review Committee.
In summary, the benefits of forming the JPA for solid waste
services include:
Reduction in City Council and staff time dedicated to solid
waste administration issues.
Potential consolidation of AB 939 monitoring, compliance and
reporting activities.
Coordination of and joint filing of grants for funding of
solid waste and AB 939 activities.
Consolidated contracting with vendors and consultants for all
solid waste services.
Coordinated monitoring of contracted services.
Fiscal Impacts:
Saratoga's proportionate share of the approved 1997 -98 West Valley
Solid Waste Management Program budget is $29,710. Funds for this
expense are contained in the approved budget in Activity 26
(Integrated Waste Management), Account No. 5610 (Grants to other
agencies) .
Page 3 - Solid Waste Management JPA
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
The City of Saratoga will not be included in the West Valley Solid
Waste Management Joint Exercise of Powers Authority which will
require separate administration by the City of its Solid Waste
Program efforts.
Follow Up Actions:
1. Execution of the JPA Agreement by the Mayor.
2. Appointment of Council representative to JPA Board upon
approval of JPA Agreement by all four cities.
Attachment(s): 1. Agreement
Prepared by:
Paula Reeve
Analyst, Community Environment
Approved by: '
Larry Pe7 in
Interim City Manager
f
a
JOINT EXERCISE OF POWERS AGREEMENT
WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
ARTICLE 1. PURPOSE
A. Purpose of the Agreement. The purpose of this Agreement is to establish,
pursuant to the Joint Exercise of Powers Act, Government Code section 6500 et seq., a
public entity separate from each of the municipalities creating this Agreement. This
public entity is to be known as the West Valley Solid Waste Management Authority
(hereinafter referred to as "Authority ").
B. Purpose of the Authority. The purpose of the Authority shall be to prepare,
adopt, revise, amend, administer, enforce and implement the West Valley Solid Waste
Management Plan which was adopted by the municipalities prior to the creation of the
Authority.
C. Members of the Authori ty. This Agreement was entered into on
, 1997, by and between the Cities of Campbell, Monte Sereno,
Saratoga and the Town of Los Gatos (hereinafter individually referred to as "Member
Agency" and collectively referred to as "Initial Members "), as individual public entities
which mutually agree and promise as hereinafter set forth. Membership in the Authority
is open to any public entity that is authorized to franchise the collection or handling of
solid waste in Santa Clara County and does so franchise.
ARTICLE 2. POWERS
A. General Powers. Each Member Agency retains its own existing and
independent authority to franchise or contract for solid waste handling and disposal
services and collect the applicable franchise fees and surcharges. In carrying out the
purposes of this Agreement, the Authority shall have all powers common to its Member
Agencies, and such general powers which include, but are not necessarily limited to, the
following:
1. To advise the Member Agencies on issues related to solid waste
handling and disposal and related rates and charges;
2. To advocate the interests of the Member Agencies related to solid
waste management issues with local, state and federal officials;
3. To regulate and set rates of solid waste collection and disposal,
transfer stations, resource recovery facilities, recycling facilities, household hazardous waste
facilities, and landfills;
MONTESERENO \AGREEMENTS \WEST- VALLEY.FINAL\ 1
REVISION \8.13.97kc
11
���-
�,
��.i _..�_,L ,i /
�"
n �
4. To issue Requests for Proposals for the handling and /or disposal of
solid waste, green waste and recyclables;
5. To advise public entities as to market conditions affecting the
marketability of recyclable commodities;
6. To market and sell recyclable commodities; and
7. To conduct joint studies and /or institute joint programs as may be
required by law or are appropriate regarding solid waste handling and disposal including,
but not limited to, such efforts as may be required regarding reduction of the waste
stream disposed at landfills.
B. Specific Powers. In carrying out its general powers, the Authority is hereby
authorized to perform all acts necessary or proper for the exercise of said powers which
may include, but are not limited to, the following:
1. To make and enter into contracts and to issue Requests for Proposals
necessary to further the purposes of the Authority;
2. To apply for and accept grants, advances and contributions;
3. To employ or contract for the services of agents, employees,
consultants and such other persons or entities as it deems necessary;
4. To conduct studies;
5. To review the West Valley Solid Waste Management Plan and other
such public planning documents as may be developed, and recommend revisions or
amendments thereto;
set forth; 6. To incur debts, liabilities or obligations subject to limitations herein
7. To assess and collect, subject to Article 5, Section A, from both
Initial Members and future Member Agency, fees for membership in the Authority, so
as to provide moneys for the financing of its activities, operations, and expansion;
8. To issue bonds, subject to the provisions and limitations of the laws
of the State of California;
9. To adopt annually, by July 1 of each fiscal year, a budget setting
forth all administrative, operational and capital expenses for the Authority, together with
the apportionment of such expenses by levy against each Member Agency to the extent
necessary; and
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10. To adopt, as authorized by law, any ordinances or resolutions
necessary to carry out the purposes of this Agreement.
ARTICLE 3. ORGANIZATION
A. Board of Directors. The Authority shall be governed by the Board of
Directors (hereinafter referred to as the 'Board ") which shall exercise all powers and
authority on behalf of the Authority. The Board shall have the authority to carry out all
duties and functions within the power of this Agreement.
1. Membership. The Board shall be composed of one (1) representative
from each Member Agency, who shall, by resolution or other appropriate action, be
appointed by the members of such agency's governing body. Each Board member shall
serve at the pleasure of the governing body of the appointing agency.
2. Duties of the Board of Directors. The Board shall perform all acts
necessary or proper to carry out the purposes of this Agreement and to execute the
General and Specific Powers of the Authority, which acts include, but are not limited to,
the following:
the Board; a. Conduct Board meetings pursuant to a schedule adopted by
budget; b. Consider, modify, and approve the annual work program and
C. Levy, fix, and /or set fees, assessments and charges to the
extent permitted by law and by this Agreement;
d. Authorize, review and accept reports and studies;
e. Review, recommend, approve and /or regulate rates for services
provided by the Authority or over which the Authority has regulatory power through
contract or otherwise;
f. Take appropriate action on:
(1) The West Valley Solid Waste Management plan and any
other such public planning documents as may be developed and revisions or amendments
thereof; and
Authority activities; (2) The planning, financing, development and operation of
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g. Accept agencies as subsequent parties to the Agreement and
members of the Authority, and their representatives as Board members(See Article 4C);
h. Authorize the hiring and /or engagement of Authority staff;
i. Declare, from time to time, one of the Member Agencies as
the lead agency for specific purposes as may be set forth by the Board or for the general
purpose of staffing the Authority and carrying out the Authority's functions. At the time
a Member Agency is appointed as a lead agency, the Board shall determine whether the
member is to bear the costs of such lead agency activity or be reimbursed therefor. The
Authority, in any event, shall reimburse Member Agencies for any Authority authorized
personnel costs associated with the staffing of the Authority with Member Agency
personnel;
j. Establish committees to carry out Authority purposes, and
appoint committee members from the Board, the legislative bodies of Member Agencies,
Authority staff, and /or staff of the Member Agencies. The Authority shall reimburse
Member Agency for personnel costs associated with the staffing of committees with
Member Agency personnel; and
k. Delegate duties to Authority staff and /or Board members,
appointed committees and committee members, the City Councils and /or Member
Agencies' staff.
3. Voting. Each Board member shall have the right to vote on each
issue pending before the Board. Each Board member shall have one (1) vote.
4. Votes Required. All actions undertaken by the Board must be
approved by a majority vote of those Board members present, provided a quorum exists,
except for such Board actions requiring a two- thirds (2/3) vote as may otherwise be set
forth herein.
5. Meetings of the Board.
a. Regular Meetings. The Board shall hold scheduled public
meetings at a location selected by the Board. The Board shall hold at least one regular
meeting each quarter.
b. Special Meetings. Special meetings of the Board may be
called in accordance with the provisions of Section 54956 of the Government Code.
C. Notice of Meetings. All meetings of the Board shall be held
subject to the current provisions of the Ralph M. Brown Act, California Government
Code Section 54950 et seq., and other applicable laws of the State of California
pertaining to public meetings.
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d. Quoru m. A majority of the members of the Board shall
constitute a quorum for the transaction of business.
e. Minutes. The Chairperson of the Board shall cause minutes
of all meetings to be kept, and shall, as soon as possible after such meeting, cause a copy
of the minutes to be forwarded to each member of the Board.
f. Compensation. Each member of the Board shall be paid an
amount as established by the Board by a two- thirds (2/3) vote for each meeting, regular
and special, he or she attends.
6. By-laws. The Board shall adopt by resolution, with a two- thirds (2/3)
vote, such by -laws, rules or regulations, as may be required, for the conduct of its affairs.
7. Officers of the Board. The Board shall, by a majority vote, elect
from its members a Chairperson and a Vice Chairperson. The Chairperson and Vice
Chairperson shall have one -year terms and may be re- elected so as to serve a maximum
of two (2) consecutive one -year terms, unless the Board unanimously approves additional
consecutive term(s) as to a particular Chairperson or Vice Chairperson. The Chairperson
shall preside over all meetings according to the Rules and Procedures adopted by the
Board. The Board Chairperson shall represent the Authority and execute any contracts
and other documents when required by the Rules and Procedures.
8. Officers of the Authority. The Board has the power to appoint as
staff to the Board the following officers:
a. Executive Director. There may be an Executive Director
appointed who will serve as the chief executive officer of the Authority. He or she will
be responsible to the Board for the management and administration of all Authority
affairs pursuant to the Boards direction.
Until such time as the Board may determine to appoint an Executive Director who
is not a staff member of a Member Agency, and for such other times as there is no
Executive Director serving, the Board may appoint an interim Executive Director, who
shall have such powers and duties as are set forth in this section. An interim Executive
Director shall be the City Manager of one of the Member Agencies, or such other agency
staff member as the Board deems appropriate.
b. Treasurer and Controller. There shall be a Treasurer and
Controller to be the custodian of all Authority funds and to pay demands. Initially, the
Treasurer shall be the City of Monte Sereno. A new Treasurer may be appointed by the
Board at any time.
C. Secretary. There shall be a Secretary appointed by the
Executive Director who shall be responsible for the noticing of meetings and recording
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of minutes of meetings as required by the Brown Act and the Rules and Procedures, in
addition to such other duties as the Executive Director may assign.
ARTICLE 4. TERMS OF THE AGREEMENT
A. Effective Date. This Agreement shall become effective on the date of its
execution by all of the agencies identified as Initial Members.
B. Amendments. This Agreement may be amended by a two- thirds (2/3) vote
of all members of the Board. Any such amendment shall be effective upon the date of
such action.
C. Subsequent Authority Members. Any agency which has the authority to
franchise solid waste collection in Santa Clara County, and franchises the same (including
cities incorporated and districts formed after the effective date of this Agreement, and
including Santa Clara County), may become members of the Authority. Its
representatives may become voting members of the Board by: (1) presenting an adopted
resolution to the Board which includes a request to become a member of the Authority,
(2) receiving a two- thirds (2/3) vote of all members of the Board to accept the new
member, and (3) by payment of any charges and execution of all documents as may be
required by the Board. Such charges may include such items as compensation to the
existing Authority members for previously expended costs in furtherance of Authority
purposes, including staffing expenses, capital expenses, financing expenses, and assessments
for losses in prior Authority operations. These examples are purely illustrative, however,
and are not intended to limit the power of the Authority or the Board to fix whatever
buy -in, capitalization or other equalization charges deemed necessary or proper. Payment
of such charges may be made in any manner deemed necessary or proper by the Board,
including, but not limited to cash payment, a differential rate structure for waste
collection, future capital contributions, surcharges or by other plan which might include
appropriate security.
D. Withdrawal.
1. Any Member Agency, upon written notice given by January 1 of any
year to the Chairperson of the Board, and to all other Member Agencies, may withdraw
from the Authority effective no earlier than July 1 of that year; provided, however, that
the withdrawal of such Member Agency shall not terminate such Member Agency's
responsibility under any obligation of such Member Agency or the Authority or any action
taken in connection therewith. The withdrawing agency shall pay to the Authority on the
effective date of withdrawal, all money owing to the Authority, and as to those capital
expenditures which the withdrawing agency has agreed to participate in by contract or
otherwise, its share of such capital expenditures. Such financial obligations of such
withdrawing agency may be assumed by another entity upon a two- thirds (2/3) vote of
the Board, absent the participation of the representatives of the withdrawing agency.
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2. Notwithstanding subsection (1) above, a member shall not be
permitted to withdraw from the Authority unless the Board determines by majority vote,
absent the participation of the representatives of the withdrawing agency, that as of the
effective date of withdrawal, the Authority will have a waste stream sufficient to meet all
Authority operating expenses and obligations outstanding as of the effective date of
withdrawal, whether capital, operational, maintenance related or otherwise, and to ensure
that all Authority operations will not be adversely affected to a material extent by the
withdrawal of the withdrawing member.
3. The withdrawing agency shall also continue to be liable for its share
of Authority obligations, including, but not limited to, operation costs and the budget,
until the effective date of its withdrawal.
E. Expulsion of Members. The Board may, by a two- thirds (2/3) vote of the
Board, terminate a Member Agency's membership in the Authority for a material breach
of this Agreement after six (6) months notice to such Member Agency. A Member
Agency so expelled shall be responsible for capital expenditures and non - capital
obligations of the Authority as set forth in Article 4, Section D above.
F. Reinstatement. An agency, subsequent to its withdrawal, or subsequent to
expulsion, may seek reinstatement as a Member of the Authority. Application for
reinstatement shall be made in writing to the Board. An agency shall be reinstated upon
a two- thirds (2/3) vote of all members of the Board as then constituted. The Board may
require an agency seeking reinstatement to meet any terms and conditions which the
Board deems appropriate.
G. Funding From Member Agencies. Subject to Article 5, Section A, each
Member Agency shall provide its share of the Authority's general budgetary obligation.
H. Liabili1y. The tort liability of the Authority, all members of the Board, and
all officers and employees of said Authority shall be controlled by the provisions of
Division 3.6 of Title 1 of the Government Code of the State of California.. Any tort and
contractual liability incurred by or imposed upon the Authority shall remain the sole
liability of the Authority, rather than the liability of the Member Agencies, to the full
extent such allocation of liability is permitted by law. The provisions of said Division
relating to the indemnification of public employees and the defense of actions against
them arising out of any act or omission occurring within the scope of their employment
shall apply to all Authority directors, officers and employees. Notwithstanding the specific
terms of this section, the Authority and the Member Agencies shall retain the power to
allocate liability between the Authority and the Member Agencies, or among the Member
Agencies, in a manner other than as set forth above pursuant to a unanimous written
agreement or to do the same for specific projects or undertakings of the Authority.
To the extent that any liability of the Authority, whether based on contract, tort
or otherwise, passes through to a Member Agency, or Member Agencies, said liability
shall be apportioned based upon principals of fault. If, for any reason, apportionment
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between Member Agencies cannot be based upon fault under the circumstances involved,
then apportionment shall be based upon each Member Agency's percentage share of the
total population of all Member Agencies.
I. Indemnity. The Authority shall indemnify, defend (at the Authority's sole
expense), and hold harmless the Member Agencies, their respective officers, directors,
employees, and agents from and against any and all loss, liability, penalty, forfeiture,
claim, demand, action, proceeding, or suit of any and every kind and description
(including, but not limited to, injury to and death of any person and damage to property,
or for contribution or indemnity claimed by third parties) arising as the sole result of
the Member Agency's or Agencies' status as members of the Joint Powers Authority. The
Authority's duty to indemnify, hold harmless and defend shall survive the expiration or
earlier termination of this Agreement.
J. Insurance. Each Member Agency and its respective officers, directors and
employees shall be named as additional insureds to the same extent and degree that the
Authority and its officers, directors and employees are named as additional insureds with
respect to any insurance as required by the Authority pursuant to the terms of any
contract entered into by any other party with the Authority.
K. Term and Termination. This Agreement shall continue in force until
terminated as specified by this section. This Agreement may be terminated at the end
of any Fiscal Year by consent of all Member Agencies; however, this Agreement and the
Authority shall continue to exist for the purpose of disposing of all claims, the distribution
of assets, and any other functions necessary to conclude the affairs of the Authority.
Upon termination, payment of the obligations and division of the property of the
Authority shall be conducted pursuant to Section L of this Article.
L. Disposition of Authority Funds Upon Termination.
1. In the event of termination of the Authority where there is a
successor public entity which will carry on the activities of the Authority and assume its
obligations, Authority funds, including any interest earned on deposits, remaining upon
termination of the Authority and after payment of all obligations, shall be transferred to
the successor public entity.
2. If there is no successor public entity which would carry on any of the
activities of the Authority or assume any of its obligations, Authority funds, including any
interest earned on deposits, remaining upon termination of the Authority and after
payment of all obligations, shall be returned in proportion to the contribution of each
Agency during the term of this Agreement.
3. If there is a successor public agency which would undertake some of
the functions of the Authority and assume some of its obligations, Authority funds,
including any interest earned on deposits, remaining upon termination of the Authority
and after payment of all obligations, shall be allocated by the Board between the
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successor public entity and Member Agencies. In the event the Authority is terminated
under circumstances falling within (1) or (2) above, all decisions of the Board with regard
to determinations of amounts to be transferred to Member Agencies or any successor
shall be final.
ARTICLE 5. FINANCING
A. Apportionment of Expenses. The Member Agencies shall be responsible
for providing the requisite funds to the Authority for all activities authorized by this
Agreement and the West Valley Solid Waste Management Plan in amounts equal to each
Member Agency's percentage share of the total population of all Member Agencies.
B. Funds, Expenditures and Audits. Each and every expenditure of moneys
shall be authorized or approved by the Board or by a person designated by the Board
to authorize expenditures. The Treasurer shall draw warrants to pay demands so
authorized for payment by the Board.
Before the Authority may expend any moneys or incur any financial obligation, it
shall adopt a budget showing proposed expenditures for the Fiscal Year and the proposed
means of financing such expenditures. The budget shall be for the ensuing Fiscal Year,
beginning on July 1 of each calendar year and ending on June 30 of the following
calendar year.
The Board shall periodically cause an audit to be performed with regard to the
financial operations of the Authority.
C. Debt. The Authority may issue or cause to be issued bonds and other
indebtedness, and pledge any Authority property and /or revenues as security to the extent
permitted by law. Any and all debts, liabilities, and obligations incurred by or imposed
upon the Authority shall be the debts, liabilities, and obligations solely of the Authority,
rather than the debts, liabilities and obligations of the individual Member Agencies.
D. Financial Contributions. For agencies joining the Authority after the
effective date of this Agreement, the Board shall determine such agencies' proportionate
financial contribution, which is due upon joining the Authority.
ARTICLE 6. EXERCISE OF THE AUTHORITY'S POWER
This Agreement is entered into under the provisions of Article 1 of Chapter 5,
Division 7, Title One of the Government Code concerning Joint Powers Agreements. As
to those powers vested in the Authority pursuant to Section 6508 of the Government
Code, they shall be exercised in the same manner and subject to the same restrictions as
those applicable to a sanitary district pursuant to statutes and laws of the State of
California.
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WHEREFORE, the parties have executed this Agreement as of the latest date
appearing by their respective signatures below.
Date:
Date:
Date:
Date:
CITY OF MONTE SERENO,
MAYOR JACK LUCAS
By:
CITY OF SARATOGA,
MAYOR GILLIAN MORAN
By:
CITY OF LOS GATOS,
MAYOR JOANNE BENJAMIN
By:
CITY OF CAMPBELL,
MAYOR BARBARA CONANT
By:
(Notarization and Corporate Authorization Required)
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