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HomeMy WebLinkAbout CITY COUNCIL AGENDA 2007 09-05~,n,~. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL ~~Jr }~'`'~',!';- Wednesday, September O5, 2007 CLOSED SESSION - 5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER - 5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) OPEN MEETING - 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint meeting with West Valley Board of Trustees REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on August 31, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on mattes°s not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. • Communications from Boards and Commissions Report from West Valley Board of Trustees Council Direction to Staff Instruction to Staff regarding actions on current Communications~i-om Boards & Commissions. • ANNOUNCEMENTS CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1. City Council Minutes -June 26, 2007 Recommended action: Approve minutes. 2. City Council Minutes -August 1, 2007 Recommended action: Approve minutes. 3. Review of Accounts Payable and Payroll Check Registers. Recommended action: That the City Council accepts the Check Registers for: Accounts Payable: July 25, August 1,8,15,22, 2007 Payroll: August 2, 16, 2007 4. Establishment of Council Finance Standing Committee Recommended action: Review report and direct staff accordingly 5. Approval of City Manager Contract Recommended action: Approve a contract for City Manager services setting salary and benefits for 2007- 2011. 6. SEA MOU Side Letter of Agreement Recommended action: Adopt the resolution approving the Side Letter of Agreement between the City and the Saratoga Employees Association (SEA). 2 7. Memorandum of Understanding with the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Boad and Their Affiliated Locals (Union) Recommended action: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Northern California Carpenters Regional Council, Carpenters Foriy Six Northern California Counties Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007 through September 30, 2011, and authorize the City Manager to execute the MOU. 8. Approval of User Agreements with AYSO and CYSA for West Valley College Play Fields Recommended action: Approve User Agreements (Attachments 1 & 2) with American Youth Soccer Organization (AYSO) and California Youth Soccer Association (CYSA) for West Valley College play fields for organized sport use and authorize the City Manager to execute the same. Motor Vehicle (MV) Resolutions Recommended action: 1. Move to adopt the Motor Vehicle Resolution authorizing a red curb on Saratoga Avenue. Move to adopt the Motor Vehicle Resolution authorizing changes on Big Basin Way 3. Move to adopt the Motor Vehicle Resolution authorizing "No Stopping or Parking Anytime" on Herriman Avenue. • 10. 2006 Annual Concrete Repair Project -Extension of Construction Contract to Perform Additional Work Recommended action: Authorize an increase to the change order authority for an existing construction contract with George Bianchi Construction, Inc. in the amount of $]75,000 11.2006 Stormdrain Repair and Upgrade Project -Extension of Construction Contract to Perform Additional Work Recommended action: Authorize an increase to the change order authority for an existing construction contract with Furlo & Furlo in the amount of $58,623 for the 2006 Stormdrain Upgrade and Repair Project. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of frve minutes maximum jor closing statements. Items requested. for continuance are subject to Council's approval at the Council meeting 12. 13855 Saratoga Avenue; Application 07-385 for Landmark Status and Mills Act • Agreement Recommended action: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a historic landmark and Resolution to enter into a Mills Act Agreement; • (2) Close the hearing and introduce and waive first reading of the attached Ordinance; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Counci] meeting; (4) Following introduction of the Ordinance, adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 13855 Saratoga Avenue. 13. Appeal of the Planning Commission's June 13, 2007 Modification of Use Permits for St. Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue Recommended action: Conduct public hearing. Direct staff to continue hearing to September 19; 2007. OLD BUSINESS None NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government • Hakone Foundation West Valley Mayors and Managers Association City School Adhoc County HCD Policy Committee Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison `. J 4 Councilmember Chuck Paee Chamber of Commerce Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) West Valley Sanitation District West Valley Solid Waste Joint Powers Association Village AdHoc Councilmember Kathleen Kine County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Councilmember Jill Hunter Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Santa Clara County Valley Water Commission Village AdHoc CITY COUNCIL ITEMS OTHER • CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Ciry Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the Ciry to make reasonable arrangements to ensure accessibility to this rneeting (28 CFR 35.102-35.104 ADA Title 11) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on August 31, 2007, of the City of Saratoga, 13777 Fruitvale Ave.. Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at wwiv.sarato~cr.ca.us Signed this 31" day ofAugust 2007at Saratoga, California. Cathleen Boyer, CMC City Clerk LJ 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.sarato„ra.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 9/5 Regular Meeting -Joint Meeting with West Valley Board of Trustees 9/19 Regular Meeting -Joint Meeting with Saratoga Union Elementary School District 10/3 Regular Meeting -Joint Meeting with Montalvo Arts 10/17 Regular Meeting -Joint Meeting with Los Gatos-Saratoga Union High School District 11 /7 11 /20 11/21 • 12/4 12/5 12/19 Regular Meeting Regular Meeting Regular Meeting -Cancelled Special Meeting -City Council Reorganization Regular Meeting Regular Meeting s .. 'a 3 ~ ,,;;~ a~"~~.,r'sns~ 'ea ~ :r"~~ s,~W~f~+v~~P-;~ ~> ^~%~~F Mks. ~ ~ ~~ Diane Drewke Report Oral Communication September 5, 2007 City Council Meeting City Council Members, i~~~ C~~ ~~~1 ~ c~~- I want to thank ou y for all the time and effort you put in on my behalf as a ~ S~ resident of Saratoga. I appreciate you have a very time consuming and important ~ ~ job. I am deeply concerned with state of City of Saratoga's records and its ability to protect its residents and enforce its ordinances. My faith in our City Staff and offices has been badly shaken. As some of you are aware I have.been doing extensive research which has given mean opportunity to view City files and procedures. I must tell you what I have seen and continue to see is very disturbing. • Extensive Public Records Missing in particular St Archangel Michael church is missing significant records 123 • Records missing that were in City's possession in 19984 • Ann Welsh confirms she had these records before she left in 2004 and it was very large file. • No Table of Contents in any records, boxes or folders that I have seens a • No Logging in public records ~ Request to see records submitted in June 13 PC meeting can not even be recalled much less located' • Public has unfettered access to records with no supervision • City Staff providing public records in a forward public record request$ which is not allowed • There is no logic to filing system o Microfiche Use Permits are kept in numerical order o Microfiche Design review and supporting documents are kept in address order • Laserfiche o City staff was unable to tell me what is in boxes to be laserfiched o My understanding staff does not check to make sure all files that were sent out were Returned I in no way blame staff this is a systemic problem and permeates all the City records that I have encountered. I want the public to know until recently if a complaint was phoned in. it was written down in a phone message book and no correlation was made to an address. In July I did a public record request and asked for all the complaints on a property. There were only two that were found. I know for a fact 6 or more others had been phoned in on at least 3 different occasions. How can the City enforce laws if it can not find the records? How can they enforce laws if they allow members of the public to unsupervised access and allowing anyone who wishes the ability to remove any records they do not like? Where is the tracking of each record and any record on whether the information was submitted to be part of the public record? How can Staff, City Council or Planning Commission expect to make sound informed decisions when record keeping is capricious at best. I noticed in the St Michael's box that one of the most important items I submitted for the public record only the my appendices were kept but my letter with the data has disappeared. How can the City Council or the Commissions make good recommendations if they can not view all the records? Investigate possible wrongdoing in regards to the Public Records Act City attorney's invoking the public records act for records not yet in existence. Invoking the public records act when the person did not mention public records Invoking the 14 day extension and for records that did not require9 Going past the 14 day extension without a valid reason and only submitting the documents to allow the neighbors less than 48 hours to go through them and respond for submittal to staff report As a taxpayer and resident of Saratoga I am saying I find this unacceptable. I respectfully request the City fund an independent auditor to look into my allegations and institute a program so that these problems do not continue to occur. We have heard that the neighbors of Kevin Moran Park said the City lost records the Grand Jury was critical of our procedures. I would like City Council to make this a top priority. Thank you 1 Please see Appendix 1 Top of 1974 letter z This Spring f spoke to Ann Welsh the previous planner who said she remembered a large file which was put in the drawer with other large files. It contained the Use Permits, complaints and additional proposed drawings. This was in the City's possession when she left which I believe was 2004. s Staff reported that their were no letters per my PRA 36, 40, 42, 43 asked for documentation subsequent to July 15 1968, Therese Schmidt receives it Jan. 17 has printed it out and then deletes the emails and destroys 1474 document. Presumably she has Mr. Livingstone and Mr. Witturer delete their documents see Appendix 38, 45. They now know they have a letter from City of Saratoga. Later in March Brett says they are looking Appendix 47. 33. See Appendix 3:5 City and Church say they can not locate any records. See Appendix 36 for the City's reply saying to the best of their knowledge they can not find these records. Note: The City still has a full copy of these records from earlier and vvas provided in my PRA 6-19-07. It say the Church has informed the City it is unable to find the other records you seek. THE CITY WOIVDEKS WHY THE NEtGEIBORS ARE DISTRUSTFUL THIS i5 A PERFECT EXAMPLE Ai~D Ti-4E CITY i1AS AlDEt A11D ABETTED THiS `:ISCEPTICIV!! i 1!!!I The neighbors are now more suspicious of the conveniently rnissing information. s See Appendix 8 1974 letter which City received in another run in Oct 2006 See Appendix 53 picture of Bankers Box e See Appendix 1, which I later clarified as June 13 meeting and Mr. Wittwer s re I q See Appendix 60-62 where no one in the City remembers public records being submit ed to' PC at a public hearing. See video July 13 hearing date 2:14-2:1b minute counter from beginning of meeting. Were in Bankers box now have disappeared from Bankers Box. Presumably these are similar to the "too small to read events" Ms. Houston referred to them during the PC Meeting. However, public has a right to view what was given to Planning Commission and ascertain they are the same. Appendix 62 say John Livingstone, Joyce Hlava, Jolie Houston and Richard Wittwer do not remember. How can you protect records when a month later no one knows what the records are? i I 'See above s Appendix 4 Email to John Livingstone Diane Drewke May 4, 2007 says emails in file are missing and next paragraph I am concerned that the information in the file be protected. NO RESPONSE TO EMAIL except Jana returns my calls. e City Staff has gone past 14 day notice in July PRA from Drewke, they invoked 14 day in previous PRA without just cause. See Appendices 33, 35, Appendix 10 -11 Also Ms. Houston requests records not PRA Mr. Bennett provides records that were not even requested, pg 30 where I sent to neighbors and copied him after he requested it. He also say per your earlier record request. See Appendix 12 in what is not covered. APPENDICES Diane Drewke From: Diane Drewke [drewke@comcast.net] Sent: Tuesday, July 10, 2007 5:52 AM To: (john)@saratoga.ca.us) Subject: Planning Commission meeting June 6, 2007 provided by the Church to the Commissioners Dear John, Would you please provide me with a copy of the materials Ms. Houston provided the Planning Commission? (Brown Act) Materials provided at the meeting by a person, who is not a member of the body or employee of the local agency, must be made available by the body to the public at the conclusion of the meeting. (§ 54957.5(b).) Also may I have an electronic copy of the current traffic study (amendment)? Thank you, Diane Drewke Page 1 of 1 ' Jonathan Wittwer ~~ From: Jonathan Wittwer [Jonathan@wittvverparkin.com] Sent: Tuesday, July 17, 2007 1:05 PM To: 'Houston, Jolie' Subject: RE: Request for documents from PC Meeting I just noticed that the actual request is whether you provided any materials at the June B, 2007 Planning Commission Meeting. I am checking with John Livingstone to see whether there was such a meeting. If you are able to answer the question as to that date as well, please do so by reply email. Thanks. Jonathan N~'ittwer Wt~'i'WER & PARKIN. LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 Phone: (831)429-4055 Fax: (83!)429-4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. if you have received this e-mail message in error, please a-mail the sender at j_onathan~wit~werp rkin_com or telephone (83 I) 429-4055. From: Houston, Jolie [mailto:Jolie.Houston@berliner.com] Sent: Tuesday, July 17, 2007 12:51 PM To: Jonathan Wiitwer Cc: John Livingstone Subject: Request for documents from PC Meeting Jonathan, This email will verify that I did nQt submit any written materials to the Planning Commission at the June 13th hearing. Jolie Houston, Esq. Berliner Cohen Jolie. Houston@berliner. com (408)-938-2535 8/ 15/2007 Diane Drewke _-~ _~ From: Jonathan Wittwer [Jonathan@witt\merparkin.comJ Sent: Monday, July 23, 2007 6:17 PM To: 'Diane Drewke' Subject: FW: Request to halt St Archangel Michael Serbian Church and additional questions Per your July 12, 2007 email inquiry, we have been trying to trace down why we couldn't find John Livingstone's email forwarding to Jolie Houston your email dated 5-4-07 regarding: "Request to halt St Archangel Michael Serbian Church and additional questions." We have finally found it. See below. The problem seems to be that Jolie Houston's shows up under two names when the sent file is reviewed: (1) jolie.houston@Berliner.com and (2) Houston, Jolie. Since she has a Blackberry, that probably explains why this occurs. As a result, we have found a few more emails on John Livingstone's computer that we don't believe were sent to you. I will be forwarding them seriatim. a~~nat~i~~~ 2v~ VVI'T'TWER & PARKIN, L.LP 147 South River Street, Suite 221 Santa Cruz, CA 95060 Phone: (831) 429-4055 Fax: (831) 429-4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this e-mail message in error, please a-mail the sender at onathanCcr~wittwerparkin com or telephone (831) 429-4055. From: John Livingstone [mailto:johnl@Saratoga.ca.us] ~~-.._.~..__.._ ~~.~~__,__...-_._._~,_...._--...__....._....__._._...____... ___...._.___._. _ _ Sent: Monday, July 23, 2007 5:52 PM To: Jonathan Wittwer Subject: FW: Request to halt St Archangel Michael Serbian Church and additional questions FYI From: John Livingstone ~ ~ ~" " "'" Sent: Monday, May 07, 2007 9:41 AM To: 'Houston, Jolie' Subject; FW: Request to halt St Archangel Michael Serbian Church and additional questions Jolie -FYI Please give me a call when you get the chance 857-6538. Thanks John L 1 From: Diane Drewke [mailto:drewke@comcast.net) L~ Sent: Friday, May 04, 2007 8:42 AM To: John Livingstone Cc: City Council; 'Adams-Nestor, Rebecca & James'; 'Arcella, David'• 'Atwell, Jim'; 'Atwell, Mary '; 'Belding, Richard & Joyce'; 'Bonnici, Cathy'; 'Cairns, Mark & Carol'; 'Cindi'; 'Finan, John'; 'Ghafouri, Hadi & Bobbi'; 'Ghanem, Janet'; 'Gorelik, Michael'; 'Havard, R.'; 'Hewitt, Marijo & Ken'; 'Hutchings, Carol & Scott'; Jim Tucker 'Katske, Gordon'; 'Kazemzadeh, Shawn'; 'Kelker, Patricia'; 'Kempis, Janet'; 'Keyes, Natalie & Bill'; 'Koenig, David & Suzanne '; 'Krummel, Larry'; 'Kurasch, Steve'; 'Lam, Winnie & Larry'; 'Lee, Joanna'; 'Liu, Shu-Hua'; 'Liz Williams'; 'Manley, Martin'; 'McCarty, Lyle'; 'Merritt, Dana and Robert'; 'Metz, Marilyn'; 'Michelle Branson'; 'Miyamoto, Emiko'; 'Nagaraj, '; 'Narang, Sushil & Inderpal'; 'Nomof, Kathryn'; 'Perilli, Richard'; Piaelong@hotmail.com; 'Pollack, Sherri'• 'gadding, Herb and Bonnie ; 'Stevens, Davie & Julie'; 'Susan Zucca'; Susie Chen; 'Suyeyash, Ann'; 'Tiernan,Tom'; 'Vallen, Audrey'; 'Wheeler, pick & Jody'; 'Wilson, Elaine'; 'Wong, James & Susanv'; 'Yore, Tom'; 'Zarrin, Simon and Teresa'; Aparjot Dehal; Bob and Karie Barr; D Bentek; Daryl Huff; Diana Goble; mae.chang@mjc-realty,com; Nguyen, Sam L.; Rhonda Huff; Saskia Adams; swong@swongdirect,net; Ted Macauley; Virginia King; Vivian Mills Subject: Request to haft St Archangel Michael Serbian Church and additional questions Hi John, I am sorry to hear that Jonathan was ill. Please send him my best wishes. Because of Jonathan's illness and Therese is absence and other reason outlined below I would like to request that the Churches building permit application stop until after we have the Conditional Use Permit finalized and all the questions that I have currently raised have been answered. That includes all work on the EIS be stopped at this time. The traffic study halted. The neighbors have not been getting timely responses to our concerns or questions and at this point I think the City should concentrate on the Use Permit. I am unable to get timely information out of the City. l have requested Use Permits for St Nicholas and St Andrews and to date have not received them. I realize the City is short staffed. However, I am unable to get the information I need to analyze the permit at this time. I am also unable to get the information I need to begin to analyze the EIS when it is produced. There are emails and letters that should be in the file that are not there. Minimally letters that I believe were sent to you from our neighborhood group. Would you please make sure the file is updated and let m~. know when it will be available with the latest information? _, i am very concerned that the information in the file be protected. It is my understanding that other people are consistently looking at the file and that there is no supervision what so ever to stop any member of the public from removing papers from the file. This is just unacceptable; especially, when there is no person on staff who has a clear responsibility to know what is in the file and what could be misplaced or removed. I am very concerned with the lack of information I am receiving from the City. 1) I have called Jana twice and have not received a call back. I need information on conditional use permits and I am getting no response from the City. This is not a specific complaint but general information. I feel like the City is bending over backward for the Church and giving the neighborhood very Tittle help or information. 2) How am I to create and informed presentation for the conditional use permit commission meeting if the City does not give me or my group any information? 3) I have also requested Use Permits for St Nicholas and St Andrews and still have not received any information. Since the Planning Commission has requested that all the Use Permits for the Churches be looked at I would like to be able to see them too. Would you let me know when I can view them? It is my understanding that St Nicholas's permit can not be located. 4) What is the status of the Church's permit application now that we are separating the conditional use permit? Will they be able to go forward while we have the outstanding questions? 5) I noticed that the traffic collection tubes are gone. What is that status of the EIS? If you do not put a moratorium on the permit then I need to know as soon as that study is done if I am going to be able to comment on it. 6) Now with Therese gone, Jana off the case and the attorney handling everything who do I contact with information or to ask questions? If it is Jonathan would you please give me his contact information? Please copy the Planning Commission z Respectfully, Diane Drewke ~~ . __ _.... From John Livingstone [mailto:johnl@saratoga.ca.us] Sent: Thursday, May 03, 2007 4:18 PM To: Diane Drewke Subject; RE: Parking complaint against Hi Diane, I know I said Jonathan, the Assistant City Attorney, would get back to you by Friday, but unfortunately he became very ill. He is out of the hospital and will catch up with everything ASAP. Thanks for your patience John L From: Diane Drewke [mailto:drewke@comcast.net] ~ ,_.._..~... ~~~~~ Sent: Thursday, April 26, 2007 9:02 PM .... To: John Livingstone Cc: City Council Subject: Parking complaint against John, When I complained about the parking on the property that St Archangel Michael Serbian Church owns next to the Church 18930 Allendale Avenue I was told there were no ordinances that prohibit it. I believe 7.45.030 h l does prohibit it. Where is the approval for parking on the back of that property and that surface? Also I put a formal complaint in for the signs. Lighting etc, and filled out the form online to date I have heard nothing back. What is the status of that complaint? 7-45.030 Unlawful property nuisance; private property.(h) Parking limitations. (1) Vehicles, whether motorized or nonmotorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building Code and/or zoning ordinance provisions. Thank you for looking into this matter. If I should contact Jana instead please let me know. Respectfully, Diane Drewke 3 ~(~ BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERLINER• ROBERT L. CHORTEK ANDREW LFABER RALPH J SwANSON JONATHAN D. WOLF A PARTNERSHIP INCLUDING THOMAS P. MURPHY . PEGGY L SPRINGGAY KATHLEENKSIPLE KEVAI F. KELLEY PROFES S]ONAL CORPORATIONS H.ANN LIROFF V(CTOR A. PAPPALARDO IOSEPH E DWORAK SAMUEL L. FARB MARK MAxIEwlcz R TEN ALMADEN BOULEVARD cxRlsnAN e. e(coxE ALAN J. PINKER OBERiA S. HAYASW IEPFREY S KAUPMAN ELEV ENTH FLOOR EBEEN P. KENNEDY THOMAS D. MOAELL FRANK R UeHAUS LOJDA A GALLON IOLIE HOUSTON SAN JOSE, CALIFORNIA 957 I3-2233 SETH 1. coHEN . JAMES P. CASHMAN STEVEN I CASAD BRIAN L SFHiTLER JGHN F, Don~macuE ~ TELEPHONE: 4 (08)286-5800 CHRISTINE H LONG BRADLEY G. HEBERT . NANCYJ. JOHNSON HARRYA LOPEZ CHARLES W. VOLPE FACSIMILE: (408) 998-5388 DAVID D. WADE THOMAS E. EBFJL50LE 1EROLD A RErrON MICHAEL VIOLAMI W W W.berliner.com •A Pratessional Csupontian RETIRED IN ASSOCIATION WITH SAMUEL J. COHEN ROBERT W. HUIsB+HREYS MCGRANF GRFEN FIELD LLP SAN JOSE .SAN FRANCISCO Branch Otriee-M<n:ed, CA June 28, 2007 Via Facsimile and U. S Mail Jonathan Wittwer Witter & Pazltin, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 Re: St. flrchangel Michael Serbian Orthodox Church Deaz Jonathan: MILES J. DOLMGER LAURA PALA72010 MAON M. VALENTI SHANNON N. COGAN KARA L. ERDOD7 ANDRE W J. GIORGIANM FOAREST W. HANSEN GENEVIEVE M MCKERSON HEATHER H. MUNOZ SANDRA O SEPULVEDA OF COUNSEL HUGH L ISOLA STEVEN L HALLGRIMSON ERIC WONG LINDA J. LEZOTTE NANCY L BAANDi DAN W COOPERIDER This letter is written on behalf of St. Archangel Michael Serbian Orthodox Church ("St. Archangel Michael") and specifically in response to the recent public records request for all of the public records concerning the City of Saratoga's ("City") and St. Archangel Michael. In January 2007 the City could not locate the use permits for St. Archangel Michael.l City staff contacted me to see if I had copies of the use permits and if so, would I provide them to the City. In response to the City's request I had some client documents "pdf ' to email to the City planner. After emailing the documents I realized that two letters were inadvertently attached to the pdf documents. As soon as it came to my attention I immediately emailed the City requesting that the documents be returne~~ specifically the 1968 and 1974 letters (attorney-client documents).2 The planner responded and said that she would print out the documents and destroy them. I St. Archangel Michael also cooperated with the City and provided copies of its building permits. Z This is standazd practice for inadvertently released emails and/or faxes. UH1730353.1 062707-12822001 City of Saratoga June 27, 2007 One of the letters was the 19681etter, which is currently part of the City's files. The other one is the City's 19741etter concerning the Parents without Partners complaints. To avoid any appearance of impropriety we will provide these two letters to the City, though we are not obligated to provide the City with attorney-client documents. The two letters are attached hereto. The provision of these letters is not intended to and does not waive St. Archangel Michael's attorney-client privilege. If you have any further questions or comments, please do not hesitate to contact me. Sincerely, BERLINER COHEN J H O ~~ E-Mail: jolie.houston@berliner.com JH:cem St. Archangel Michael Dave Anderson, City Manager John Livingstone, Community Development Director City Council Planning Commission _~ UH1730353.1 _2_ 062707-12822001 ~~: s purthermore~ tAe City_7loise Oidinaeer~ 8actlan 8-87 rogniraa Newry tiutar of risas~er fiftam Ctgji~t to fiie a segiatsatioa riat*mant rie8 tLa ~tY • ^tbs use of lifiedday~prior to cite date of noa,. ILa sanr rsctia~o stater and 8:00 amP a4 r7megt atyii Decor only bttveea t6a honra of 1:90 a.m. p.m. on Steslyda7r . iberefors, thir latter 3a official Qntifiaation tLtt the City her becaea eKare of a Noiae Ordiflu+te violation at tba ebtvsCL on prfday sigbta betveaa Cb® y,nra of 9:00 p.m. and 1:00 a.m.~ and tbat required aaplified roan,! equipment per$itr bane sot bean granted for the weekly dances, ciao the ~eml+ars o£ parents With. out pirtaera are not cbmch nsnbess. s:hxnlt cowtitufss s rioietiou o! tba Cdnntg uoe permit so. 29. If the City receivsa arena carplaints fsor your neidbbors caneaYeieg tSr xaekly d:oeaa~ your we pexmie rill be taoprned for porai6lo revocation before ehe eiey plaoaing Cemaisrian sod the oaagplslaing paretao M.il ba invitrd to rooioe tlteir eoarera. PAGE 16 .. "=ny tlh/2389 (( BOGI~ANOVICH PAGE 17 7. Falhi-s iliah 1~ugw! 21. 1474 ?a;a 2 ~: Lour ceop~ralion to thta ~att~s x113 ba eppsacxat~d. Z! ~oii Lsw a~ furtlur quasliaot~ pinata call me a! a87.3498~ 1fxt. i18. Y~tgr 1iu17 7~;Lo Cora 7LeLorM~nt Officer 1; • ~~ ~;; ,.;. :. . ~ Narq 4m ~. // ',. '~' ~° <` I. `1 \` ,.. ~,:1. ' Brett Bennett From: Brett Bennett [bwb@wittwerparkin.com] .. s Sent: Tuesday, May 22, 2007 11;07 AM To: 'Houston, Julie' Subject: Documents re St. Michaels Church Attachments: scan0002.jpg; scan2." jpg; scan3.jpg; scan4.jpg; scan5.jpg ~ ~o~ 1( -o~ 9 scan0002 .jpg (673 scan2.jpg (1 MB) KB) scan3.~pg (1 MB) scan4.jpg (1 MB) scan5.jpg (1,012 KB) Brett W. Bennett More of the same: WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831) 429-9055 (831) 429-4057 (facsimile) CONFIDENTIALITY NOTICE The information contained in this e-mail message is privileged, confidential, and protected from disclosure. If you are. not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this e-mail message in error, please e-mail the sender at bwb@wittwerparkin.com or telephone (831) 929-4055. -----Original Message----- From: Houston, Jo1ie [mailto:Jolie.Houston@berliner.com] ::Sent: Monday, May 21, 2007 5:41 PM '~'To: Jonathan Wittwer; Brett Bennett Cc: John Livingstone Subject: RE: Letter to Jonathan Witter Jonathan, I have a longer version of our response to each allegation Ms Drewke raised(21 pages). Since most of them were repeats of the same allegation, I summarized them in the short letter version, which you received. If you think that the long version is needed for the record, I can submit it separately. Please let me know. Could we have the letters and/or documents Ms. Drewke submitted? I will also be submitting another letter for the PC / CC meeting outlining our legal position concerning the burden of proof, record and CUP revocations. Thanks, Julie -----Original Message----- From: Houston, Julie Sent: Monday, May 21, 2007 5:17 pM 'Co: 'Jonathan Wittwer'; 'Brett Bennett' Cc: 'John Livingstone' Subject: FW: Letter to Jonathan Witter Importance: High Jonathan, 1 Pear your Church's Please forward to the Planning Commission, .Phank you, Jolie Houston, Esq. Berliner Cohen Jolie.Houston@berliner.com (408)-938-2535 l; letter dated May 9, 2007, attached is St. Archangel Michael Serbian Orthodox ("St. Archangel Michael")response to Ms Drewke's emails dated April 20, 200'7. City Council and City Manager. 2 a ~•, _' °~ m w o ro-oa m N m y ~m NcNi,Z v~ ~ ro ~~pp c~m~ m D rn N ~ _o-~?- <~ m ~ ° D O ~ v,'~ ~ ~~°,~ o C) a-m v fn D Q~~.ma^~~~^cnro ~'~.m ~ oo rn~ro ~ v~ryv,0 mho gm~.~~p.r-rower wm8o`~° ~ 1 O - . O ro II -~ 1 O_ ['f y ~ O ro (D ,~~. N `G < O m -•~ C7 U O - w ,~ Cl O ro Q (O ~ ° 7 O ~ m ~ ~ O" . ro. 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N ~ n ~ C7 y a. •V ~ ~ ~ ~ ~D ~ ~ ~ Q t/1 `1 ~ ~ T,3 tQ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ . "_ y C7 _ tD -ti s• ~ ~' ~ tT~O ~ ~D ~. ~, C1 p tf~ ~ ~ ~ ~ ~ C. tD ~~• ~ ~ ~ ~ Q y ~ ~ .~ ~~ ® ~ '°~ r~ .... • QQ .~_ .7 Diane ®rewke From: Brett Bennett [bwb@wittwerparkin.com} "Sent: Tuesday, June 05, 2007 1:05 PM To: 'Diane Drewke' Subject: Church Bylaws Attachments: BY-LAWS OF ST. MICHAEL CHURCH.doc Diane, At long last we have the Bylaws for you. I have attached them as a Word document. Best, Brett W. E3ennett W[TTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831)429-40SS (831) 429-4057 (facsimile) CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this e-mail message in error, please e-mail the sender at bwb(ulwittwerparkin.com or telephone (831) _;<;,<. 429-40SS. - ::: '`~~A'i 1 J ~~ Diane 1]re~rke (~~( ~ `' From: Diane Drewke [drewke@comcast.net] '. Sent: Monday, July 02, 2007 11:23 AM -' To: Qohnl@saratoga.ca.us) Cc: (council@saratoga.ca.us); Aparjot Dehal; Bernie Mills; Bob and Karie Barr; D Bentek; Daryl Huff (darylhuff@yahoo.com); Diana Goble (goble@atrenta.com); mae.chang@mjc-realty.com; Nguyen, Sam L.; Rhonda Huff; Sam Nag; Saskia Adams; Steve Schwartzkopf; swong@swongdirect.net; Ted Macauley; Trish Schist; Virginia King; Vivian Mills Subject: EIS for St Archangel Michael Church Dear John, 1 received the public records from my June 19 request. I am very confused and would like some clarification. It was my understanding from Therese Schmidt that the consultant doing the EIS while hired by the church once work started was not to be in contact with the church and their representatives nor the neighbors did not have any access to speak to the consultant. The consultant was being managed by the City and any information that was required was to be given to them through the City. Is that the case or was I misinformed? Do the neighbors have access to the consultant to speak to them? Does the church? Is there now a different consultant preparing the EIS from the original one in January? Has the City received the EIS? 1f not when does the City expect to get its copy? ,: >. On another note, I saw that back in June 23, 2006 the city deemed the application complete. How can that be when you did not have a traffic report ? In the files I was unable to see the following things: 15-55.040 Application for use permit; fee. (a) Application for a use permit shall be filed with the Planning Director on such form as he shall prescribe. The application shall include the following exhibits: (l) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site showing the locations of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing. (2) An accurate scale drawing of the site, showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses, structures, driveways, pathways, off-street parking and off-street loading facilities and landscaped areas. (3) A description of the building or structure to be utilized, including an accurate scale drawing of the floor plan; and including, in the case of an existing structure, a delineation of any necessary alterations or additions required to meet City, County and State regulations. (4] A preliminary title report or other evidence showing the applicant to be the owner of the property, or evidence that the applicant is the duly authorized agent of the owner. (b) The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the cost of noticing the public hearing as determined by the Planning Director. lhfhere is (1) and (2) and {4)? How can the application be complete without them? I would appreciate an answer as soon as possible. Respectfully, Diane Drewke l7iane Drewke Q6 ;~~ `~~ From: Diane Drewke [drewke@comcast.net] °, Sent: Monday, July 02, 2007 10:49 AM °' To: 'Jonathan Wittwer' Cc: (council@saratoga. ca. us) Subject: Public records request June 19 clarification of some inforration Dear Mr. Wittwer, I was charged .20 per copy and some of the information I received were duplicates of the exact same email with no cc and to only one person. I was also charged for letters that were written to me and you had already sent me. While I appreciate seeing that they were sent to the church's representative the first page would have been adequate for me to know what they were you did not have to print out or charge me for duplicate information. Why was I charged $ .20 per copy when for Use Permits and other copies I was charged .10 per copy? I see from the information I sent that your office fed exed to information to Ms. Houston. Did the City charge Ms. Houston or the church for the copies and the fed ex service? If so what was the rate for my 250 copies and the approx 15 pages that they sent from Nick Milijovich? Respectfully, Diane Drewke - ~~Lv~t.J ~:~~~2-' Page 1 of 2 ~ ~ -~ ~~--~~ ~ a ~~~~ ~ Brett B~ett ~ ~ From: Brett Bennett [bwb@witt`roerparkin.com] ~ ,' - Sent: Tuesday, May 22, 2007 2:41 PM To: 'Houston, Jolie' Subject: RE: St Michael's sign Attachments: DSC01077.JPG; DSC01085.JPG; DSC01203.JPG Hi Jolie, / ~GC, ~ /~ It might indeed be a bulletin board in the sense that it is expressing news of the future construction project. It's a bit of a stretch but it seems plausible so long as the dimensions are within spec. It certainly is not over ten feet tall-and it does not appear to exceed 20 square feet. Please see attached pictures (the best one is DSC1203.JPG). On a different topic, Diane Drewke also has mentioned issues with the lot line adjustment. Because this is a public record that fits with your earlier records request, I am copying it for you below: In 2002 the Church requested a Lot Line adjustment for 18930 Allendale Avenue: In 2002 the Church requested a lot line adjustment to combine 18930 Allendale Avenue with the Church Property of 18870 Allendale Avehue. This is the property to the right of the Church as you look at the sign standing on Allendale that has the small house on it. If the lot line adjustment had gone through it would have allowed the one acre house property to be rezoned a Quasi Public Facility (QPF). According to Ann Welsh (who was the City Planner assigned to the project) the ( '') Church was told it would require a General Plan Amendment. In their bulletin quoted below the Church stated they needed this for parking if they were going to go through with their plans for the new structure. Over neighbors continued objections the Church is using it for its Parking Lot evert though it is not zoned for it. We have made numerous complaints to the City and to date the City has done nothing to stop this. Below are quote the from the Church's newsletters. Please note: 1. They admit they need these lots combined for their vision. 2. They admit even 1960's the City would not allow them to go above 150 seats and they are trying to go to 250 seats in 2007 on the current 3 acre lot. 3. They want to expand all parts including the community hall. 4. In August 2005 neighborhood meeting Gerry De Young said the Church had no plans to combine the properties. 5. The neighbors are adamant that 18930 Allendale should remain a residential R1-40,000 and not become part of West Valley College creep. Newsletter November 2002 "Currently we are in the process of combining the small parcel at the front of the property with the larger piece through a General Plan Amendment... The two sites need to joined, so that we can use the area behind the small house for our church parking lot This is essential, to complete the Master Plan which wil/.be used to exp/ain our vision for the church property, so that we can gain the City of Saratoga to build the church... Having a good Master Site Plan is crucial to the future of our church and to the fulfillment of our visions for healthy church growth. This process is directly relate to our program requirements (fist of needs and wants)........" "Actually there is a "logic" behind site master planning. It involves determining the proper building placement on the site, understanding the sanctuary orientation options, providing a main focal point for building access, providing good traffic (people) flow, planning for the. expansion of each. department (sanctuary, school .community hall~picnc area, .etc,) and addressing the critical importance of the 6/22/2007 Page 2 of 2 relationships between each component." Newsletter December 2002 "Our Qr~ginalplan depicted a church with.150 seats,. and our new church is planned to seat 250. Brett W. Bemtett WiTTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831)429-4055 (83l) 429-4057 (facsimile) d~ ~~ CONFIDENTIALITY NOTICE The information contained in this e-mail message is privileged, confidential, and protected 1'POm disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this e-mail message in error, please e-mail the sender at bwbnwittwerparkin.com or telephone (831) 429-4055. ....... ..... _ From: Houston, Jotie [mailto:Jolie.Houston@berliner.com] Sent: Tuesday, May 22, 2007 12:22 PM To: Jonathan Wittwer; Brett Bennett Subject: St Michael's sign ":', Jonathan mentioned bulletin board. I think that we may be one. I have not seen the sign but it may work? 15-30.080 Signs in agricultural and residential districts. No sign of any character shall be permitted in an A, R-1, HR, R-OS or R-M district, except the following: (a) An identification sign, not exceeding twenty-four square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be free standing. (b) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of a school or religious institution, provided the content of the bulletin board relates to an activity conducted at, or sponsored by, the school or religious institution. Such bulletin board may be free standing. 6/22/2007 Diane Drewke Diane Drewke -~ -~ ~~~ From: Sent: To: Subject: Attachments: Dear Diane Drewke, Brett Bennett [bwb@wittvverparkin.comj i Tuesday, March 13, 2007 1:19 PM drewke@comcast.net Reply re unusual circumstances and Public Records Act Request St Michaels Archangel 1961 Use Permit.pdf In response to your recent email to this office (below), the unusual circumstance is that the Community Development Department is rather short-staffed at the moment. We have been searching for the documents you listed and need more time to complete the task. As to the missing documents you mentioned in your email of February 24, 2007 to Dave Anderson, we have located the City's Resolution granting Use Permit 29 as well as a Report of Findings regarding the same. There is also a letter to IVlr. Wesley Kosich (dated July 12, 1961) stating that Use Permit 29 was granted on July 10, 1961. These copies, obtained from the church, are attached here in PDF form. The copies are a bit difficult to read but we are advised that these are the best copies available. We will continue to search for all the documents on your list and provide them to you as quickly as possible. Best regards, Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831)429-4055 (831) 429-4057 (facsimile) CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this a-mail message in error, please a-mail the sender at bwb irhvittwe~narkin com or telephone (831} 429-4055. _ _._ .. From: Diane Drewke [mailto:drewke@comcast.net] Sent: Monday, March 12, 2007 9:18 PM To: office@wittwerparkin.com Cc: john)@saratoga.ca.us; davea@saratoga.ca.us Subject: Request for PUblice Records Act your US Mail Reply Dear Brett and Jonathan, I received your letter through the US mail that you are required to provide written notice within 10 days of unusual circumstances. After that you require 14 day extension will take us to March 20, 2007. Thank you for responding to my request of February 25, 2007. However, per your letter it is my understanding that if an extension is required then you need to provide notice of any "unusual circumstance". In your letter I did not see an explanation or a statement that there was an unusual circumstance. All I saw was that the date you will get the records to me is March 20, 2007. If there is an unusual circumstance please notify me as to what it is. Respectfully, Brett Bennett .1 From: John Livingstone Sent: Monday, March 19, 2007 6:28 PM To: Brett Bennett; Jana Rinaldi; Therese Schmidt Cc: Jolie.Houston@berliner.com Subject: RE: Diane Drewke Document request Neither the church or Therese can find the documents. ~~ __f~~~ ~./eE ~~~-~~ Lnzb~,~, K~...~ 'W vP ._ .evf From: Brett Bennett [mailto:bwb@wittwerparkin.com] Sent: Monday, March 19, 2007 11:18 AM To: Jana Rinaldi; John Livingstone; Therese Schmidt Cc: Jolie.Houston@berliner.com Subject: Diane Drewke Document request Good morning All, Tomorrow (3-20) is the deadline for the Drewke document request. Last week I sent her a PDF consisting of UP- 29, arelated Report of Findings, and an unsigned notice of approval to the applicant from back in 1961. Diane also asked for (in more or less her own words): 1) The Master Plan referred to in the 3-25-1968 Minutes >, 2) Design Review for UP 147-1 which is a condition of the permit and referred to in the 3-25-68 3) Documentation subsequent to letter dated July 16, 1968 whereby Stanley Walker, Planning Director a ks for a response in ten days to "two items in need of resolving." Please confirm that we do not have any of these documents and i will notify her. Best, Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831)429-4055 (831) 429-4057 (facsimile) CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. Ifyou have received this a-mail message in error, please a-mail the sender at bwb@wittwerparkin.com or telephone (831) 429-4055. 6/26/2007 ;~1~, ~~'~'~lE~ ~c ~~R~'.1vT, d.~,ll~ .toaefl~en WIEEWOr 1~7 SOUTH RIVER STREET, sUITE 221 William P. PerJtia SANrA CRUZ, CALIFORNIA 96060 PwRnigpw IIroEE W. I)onnafE TELEPHONE, (831)129-1Dbb Miriam C.ti. Gurdoo FACSIMILE, (83I) 929_067 E-MAIL, otfioeQ..itEwerperkia.oom VIA E MAIL AND U.S. MAIL March 19, 2007 Diane Drewke L3809 Serra Oaks Saratoga, CA 95070 Re: Copies Requested Pursuant to the California Public Records Act Applicant: St. Archangel Michael Church Site Address: 18870 Allendale Ave., Saratoga, CA 95070 Dear Ms. Drewke: This letter is in reply to your email dated Saturday February 24, 2007 and received by the City on February 26, 2007. In that email you requested specified additional public records in addition to those you had already received. Per your request we have provided you with Use Permit 29 along with a Report of Use Permit Findings and the unsigned letter of approval to the applicant dated July 12, 1961. You also requested: I) The Master Plan referred to in the 3-25-1968 Minutes; 2) Design Review for UP 147-1 which is a condition of the permit and referred to in the Minutes dated 3-25-68; and 3) Documentation subsequent to letter dated July 16, 1968 whereby Stanley Walker, Planning Director asks far a response in ten days to "two items in need of resolving." As tc; the above-listed documents, the City has searched its archives to no avail To the best of the Cit 's knowled e, these records are not in the ossession of the Cit of Sarat a. also contacted the Churc an obtained the records related to UP-29. The Church has informed /the City at it is iin~hlP En finrt rhP nthn a throughout the process. ~ seek. Thank you for your pat)ence ~'~1-~ ~d Mr w~ ~-W~~ had r'~C~V~ ~c~cvme-lr}~ ~Jt~„.~7 -1(1 e cg-~p ~ -~-h ~,> Very truly yours, Y Wittwer & Parkin, LLP -~~''~yfV1P__`___ onathan Wittwer cc: Community Development Director, John Livingstone Building Official, T3rad Lind Page 3 of 3 -r~ .~ From: Diane Drewke [mailto:drewke@comcast.net] "~ Sent: Wednesday, January 24, 2007 8:48 PM To: 'davea@saratoga.ca.us' Cc: (council@saratoga,ca.us); (johnl@saratoga.ca.us); Robert A. Kundtz (Business Fax); (jhlavaogden@Comcast.net); (lindarodgers@msn.com); (Manny.Cappello@comcast.net); (yanniezhao@yahoo.com) Subject: Documents for the St Archangel Michael Church Hi Mr. Anderson, It is my understanding that you have a CD with additional information from St Archangel Michael's church that you gave to John Livingstone.' May t have a copy of that CD/information for my records? I have gone over the information that Therese Schmidt sent me on the Use Permit that the church sent to the city. While that information is a tremendous help and I truly appreciate the effort the city has gone through to get it, I feel that it is very incomplete. There is a drawing that bears no resemblance to what was built. The last correspondence is on July 16, 1968 where the city asks them to respond in 10 days. No other information is given and yet significant changes/concessions appear to have occurred. In that correspondence the city asks them to pave the parking lot. It does not look like this was done. What was there response period? Was the use permit changed after that? Why does the drawing that was sent with the information not resemble what was built? It shows it to the back and side of the property. Any information you can give me so I can understand what has happened will be greatly appreciated. Sincerely, Diane Drewke 6/22/2007 ~ilS ~_ - Jonathan Wittwer /`~~L% ~~ ~' From: Houston, Jolie [Jolie.Houston@berliner.com] Sent: Thursday, March 01, 2007 11:38 AM / To: John Livingstone; Jonathan Wittwer; Therese Schmidt ~=~~~ ~ ~ ~E~-.--. ~c'i /~~~=~L' Cc: Jana Rinaldi; Brett Bennett Subject: RE: Missing Documents for the St Archangel Michael Church ~G, ~ I have sent my client an email. However, it is my understanding that we don't have these documents either. I am checking with the church. Jolie _...__ ._--.____..... /J _.. . _...- -- ----- --- _ _ ____ ~.J _._.....___ _ _~__ ___._._. _._.__.._.. - --. _. From: John Livingstone (mailto;john)@saratoga.ca.us] Sent: Thursday, March OS, 2007 11:38 AM To: Jonathan Wittwer; Therese Schmidt; Houston, Jolie Cc: Jana Rinaldi; Brett Bennett Subject: RE: Missing Documents for the St Archangel Michael Church Therese is out sick today, but it is my understanding that we can't find the requested items. __.. __ _. _ __.__. From: Jonathan Wittwer [mailto:Jonathan@wittwerparkm.com] Sent: Thursday, March 01, 2007 11:35 AM ' _ To: John Livingstone; Therese Schmidt; 'Houston, Jolie' Cc: Jana Rinaldi; 'Brett Bennett' Subject: RE: Missing Documents for the St Archangel Michael Church Yesterday John asked me to do the 10-day fetter. That is due by March 6, 2007. Will we have the documents by then? Jonathan T'1~ittwer 147 South River Street, Suite 221 Santa Cruz, CA 95060 Phone: (831) 429-4055 Fax: (831) 429-4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this a-mail message in error, please a-mail the sender at Jonathan@wttwerparkin,com or telephone (831) 429-4055. From: John Livingstone [mailto:johnl@saratoga.ca.us] Sent: Thursday, March 01, 20079:41 AM To: Therese Schmidt; Houston, Jolie Cc: Jana Rinaldi; Jonathan@wittwerparkin.com Subject: RE: Missing Documents for the St Archangel Michael Church 6/22/2007 I ~ ..f ~ .'. Please keep Jonathan and Jana in the loop on public records requests. I gave Jonathan a copy of the request yesterday. Thanks , John L From: Therese Schmidt ~ Sent: Wednesday, February 28, 2007 2:47 PM To: Houston, Jolie Cc: John Livingstone Subject: FW: Missing Documents for the St Archangel Michael Church Importance: High Jolie, Can you help me out with copies of the documents requested below? Time is of the essence since it appears to be a Public Records request. Thanks! Therese -----Original Message----- ~~¢m J, From: Diane Drewke [mailto:drewke@comcast.net] ` L~~a.~E ~,d Sent: Saturday, February 24, 2007 11:20 PM ~~-0 ; To: Dave Anderson r" Cc: City Council; Therese Schmidt; lindarodgers@msn.com; John Livingstone (~ `C ~, Subject; Missing Documents for the St Archangel Michael Church " ` r `r t Dear Mr. Anderson, Thank you having Therese give me the CD, Upon further review, I find that we are missing the following information. This information is imperative in order for out task force to fully understanding what the Use Permit entails. I would like to request the following public records: 1) UP. 29 dated July 10, 1961 (referred to in staff report date March 25, 1968) which is the use permit for the "meeting hall". 2) Master Plan referred to in the minutes dated March 25, 1968. 3) Design review for UP 147-1 which is a condition of the permit and referred to in the use permit and staff document dated March 25, 1968 4) Documentation subsequent to letter dated July 16, 1968 whereby Stanley Walker, Planning Director asks for a response in ten days to "two items in need of resolving". Please note I realize upon bringing it to the attention of staff they informed me the copy of this letter was not signed and therefore not enforceable. The city received this fetter from the church so it must have been sent for it to be in their possession. As I am sure you can see, this makes all subsequent correspondence that much more vital for all concerned. As a Saratoga resident and member of the neighborhood task force these records are of the utmost importance to us at this juncture. I am under the impression that all of the above are public records. If I am incorrect, please advice as soon as possible because time if of the essence. I look forward to hearing from you at your earliest convenience. Respectfully, Diane Drewke 6/22/2007 Diane Drewke ~ (,` From: Sent: To: Cc: Subject: Diane Drewke [drewke@comcast.netj Saturday, February 24, 2007 11:20 PM (davea@saratoga.ca. us) (council@saratoga.ca.us); Therese Schmidt (tschmidt@saratoga.ca.us); (lindarodgers@msn.com); Qohnl@saratoga.ca.us) Missing Documents for the St Archangel Michael Church Dear Mr. Anderson, Thank you having Therese give me the CD. Upon further review, I find that we are missing the following informat information is imperative in order for out task force to fully understanding what the Use Permit entails. ion. This I would like to request the following public records: 1) UP 29 dated July 10, 1961 (referred to in staff report date March 25, 1968) which is the use permit for the "meeting hall". 2) Master Plan referred to in the minutes dated March 25, 1968. 3) Design review for UP 147-1 which is a condition of the permit and referred to in the use permit and staff document dated March 25, 1968 4) Docu, tuition subsequent to letter dated July 16, 1968 whereby Staniey Walker, Planning Director asks for a response in ten ays o o items in need o reso ving . Please note I realize upon bringing it to the attention of staff they informed me the copy of this letter was not signed and therefore not enforceable. The city received this letter from the church so it must have been sent for it to be in their possession. As I am sure you can see, this makes all subsequent correspondence that much more vital for all concerned. this juncture. As a Saratoga resident and member of the neighborhood task force these records are of the utmost importance to us at be ause timeef of the essence. all look orwar a of eearblg from r ou a . If I am incorrect, please advice as soon as possible Y t your earliest convenience. Respectfully, Diane Drewke From: Diane Drewke [mailto:drewke@comcast.net] Sent: Wednesday, January 24, 2007 8:48 PM ~ ~~_ ~~- To: 'davea@saratoga.ca.us' Cc: (council@sarato9a.ca.us); (johnl@sarato9a.ca.us); Robert A. Kundtz (Business Fax (lindarodgers@msn.com); (Manny.Cappel-o@~mcast,net); (yanniezhao Subject: Documents for the St Archangel Michael Church )~ (jhlavaogden@Comcast.net); @yahoo.com) Hi Mr. Anderson, It is my understanding that you have a CD with additional information from St Archangel Michael's church that you gave to John Livingstone. May I have a copy of that CD/information for my records? I have gone over the information that Therese Schmidt sent me on the Use Permit that the church sent to the city. While that information is a tremendous help and I trul a y ppreciate the effort the city has gone through to get it, I feel that it is very incomplete. There is a drawing that bears no resemblance to what was built. The last correspondence is on July 16, 1968 where the city asks them to resppnd in 10 days. No other information is given and yet significant changes/concessions appear to have occurred. In that correspondence the city asks them to pave the parking lot. It does not look like this was done. What was there res onse eriod? drawing that was sent with the information not resemble what was built?elt showsrit to the back andts tle of the dooesehe Any information you can give me so I can understand what has ha p p ~ peened will be greatly appreciated Sincerely, Diane Drewke ~/ Diane Drewke c~ From: Diane Drewke [drewke@comcast.net] Sent: Friday, February 16, 2007 10:37 AM TO~ Bob and Karie Barr Subject: FW: Documents for the St Archangel Michael Church From: Diane Drewke [mailto:drewke@comcast.net] Sent: Wednesday, January 24, 2007 8:48 PM To: 'davea@saratoga.ca.us' Cc: (council@saratoga.ca.us); (john)@saratoga.ca.us); Robert A. Kundtz (Business Fax); (jhlavaogden@Comcast.net); {lindarodgers@msn.com); (Manny.Cappello@comcast.net); (yanniezhao@yahoo.com) Subject: Documents for the St Archangel Michael Church Hi Mr. Anderson, It is my understanding that you have a CD with additional information from St Archangel Michael's church that you gave to John Livingstone. May I have a copy of that CD/information for my records? I have gone over the informatio t Therese Schmidt sent me on the Use Permit that the church sent to the city. While that information is a-tGerx~endnus help andl t,Lu a reciate a e- o _..-_e_ci as gone throw h to get it, I feel that it is very _.~. incomplete. There is a drawing that bears no re-ys ~mblance to what was built. The last corres$o .where the ci --- -~ "__--_!X-as to respond in 10 days. No other information is given and yet significant ~~-~"~ changeslconcessions appear to have occurred. In that correspondence the cify asks them to pave ffie parking lot. It does notTooT~ like this was done~--TlVhaf was there response period? Was the use permit changed after that? Why does the drawing that was sent with the information not resemble what was built? It shows it to the back and side of the property. Any information you can give me so I can understand what has h Sincerely, appened will be greatly appreciated. ;~ Diane Drewke Diane Drewke y, _ 5 From: Ted Macauley [tmacaule Sent: Friday, January 12, 2007y3~~53 pMntingpartners.comj To: Diane Drewke Subject: FW: St. Archangel Michael Serbian Church Proposal Attachments: UP-147 PC Minutes 03251968.pdf; A-74 PC Minutes 04091962.pdf; SDR-345 Serbian Church BSE.pdf; SDR-345 CC Minutes Approval 03061963.pdf; UP-147 PC Minutes 03111968.pdf fyi From: Dave Anderson [mailto:davea@saratoga.ca.us] Sent: Friday, January 12, 2007 3:50 PM - -._.__ _. _.,__. To: City Council; Ann Waltonsmlth; Aileen Kao; Kathleen King; Chuck Page; Jill Hunter; Cathleen Boyer; Ted Macauley Cc: John Livingstone Subject: RE: St. Archangel Michael Serbian Church Proposal Dear Mr. Macauley; I spoke with Community Development Director John Livingstone this morning about your concerns. He assures me that his staff conducted a through search of the records on Thursday. We find that on occasion, there are some missing records from the early years of the City. This may be the situation in this case; however, we are still researching. the issue. In the mean time, I came in to see what could be found in the document imaging system. I am attaching these CUP: ocuments for your review. They may or may not have some relevance to your inquiry, while we are searching for the • PC Action A-74 Architectural Review April 9, 1962 • PC Action Site Development Review SDR-345 April 9, 1962 • City Council Action Building Site Approval Agreement SDR 345 August 15, 19&~ • CC minutes for above action, March 6, 1963 • CC minutes UP-147 (Expansion) March 11 and 25 1968 I also found the quitclaim deed, the approvals for the street dedication and the sign permit, which I have not included. burned a cd with all the documents and placed it on John's chair for his review on Tuesday morning. You may have a copy of this if you wish; please contact me. Regards, Dave Anderson From: Ted Macauley(SMTP TMACAULEYa'G ACCOUNTINGP__ ARTNE'~S CONl1 Sent: Friday, January 12, 20 g qM To: City Council Subject: St. Archangel Michael Serbian Church Proposal Auto forwarded by a Rule Good morning, I am a Saratoga resident that lives close to the Serbian church on Allendale and wanted to look at the Conditional Use Permit for the property but have been told that it is lost and can not be found. I wanted to write to the Council to find out if you know where this can be located. As a neighborhood group, we have continually been told about this Conditional Use Permit and only wish to verify what it contains. I hope you understand why this is a concern. I am assuming that it is a public document but please feel free to correct me if I am wrong. Thank you. Ted Ted Macauley 408.399.6331 Office 408.317.2239 Fax tmacauley(a7accountinaoartners com Accounting Partners helps CFOs sleep better at night by placing top notch accounting and financial professionals on a contract and direct hire basis. To learn more, go to ~~.~~w.;axuuntin~r.,rt_nes.cum Brett Bennett From: Therese Schmidt Sent: Wednesday, January 17, 2007 2:33 PM To: 'Houston, Jolie' Subject: RE: Saratoga documents Ask both to delete from their systems? -----Original Message----- From: Houston, Jolie [mailto:Jolie,Houston@berliner.com] Sent: Wednesday, January 17, 2007 12:53 PM To: Therese Schmidt Subject; RE: Saratoga documents ~~:~oa7~ J 1 ~, Especially the 1974 letter and the 1968 letter. Thanks! What about the email to Jon W and John L.? From: Therese Schmidt [mailto:tschmidt@saratoga.ca.us] Sent: Wednesday, January 17, 2007 12:40 PM To: Houston, Jolie Subject: RE: Saratoga documents Jolie, ;~ .. I printed it out. I'II destroy everything except UP 147 and delete your emails. What's the status on the Baylor project? Have they met with the neighbors?. I'd like to get a feel for a potential PC hearing. 2/14 is closed and 2/28 is filling fast. - I am (have?) deemed Peach Hill complete and am trying to get the RFP out for the IS. I'll keep you posted. Therese -----Original Message----- From: Houston, Jolie [mailto:]olie.Houston@berliner.com] Sent: Wednesday, January 17, 2007 12:24 PM To: Therese Schmidt Subject: RE: Saratoga documents Therese, Attached to this pdf was a letter that I did not intend to send with these documents. Could you please return it to me? It is the 1974 letter. Thanks, Jolie From: Houston, Jolie Sent: Wednesday, January 17, 2007 11:11 AM To: 'Therese Schmidt'; 'John Livingstone'; 'Jonathan Wittwer' 6/26/?007 Page 2 of 2 Cc: 'De Young, Gerry'; Jan Ivancovich Subject: FW: Saratoga documents i <,' ;: ' Attached are the CUP and related documents fro St Michael's church. ,? _ Jolie 6/26/2007 Diane ®rewke a~ ~; rrom: Brett Bennett [bwb@wittwerparkin.com] ''+ Sent: Tuesday, March 13, 2007 1:19 PM To: drewke@comcast.net Subject: Reply re unusual circumstances and Public Records Act Request Attachments: St Michaels Archangel 1961 Use Permit.pdf Dear Diane Drewke, In response to your recent email to this office (below), the unusual circumstance is that the Commtuiity Development Department is rather short-staffed at the moment. We have been searching for the documents you listed and need more time to complete the task. As to the missing documents you mentioned in your email of February 24, 2007 to Dave Anderson, we have located the City's Resolution granting Use Permit 29 as well as a Report of Findings regarding the same. There is also a letter to Mr. Wesley Kosich (dated July 12, 1961) stating that Use Permit 29 was granted on July 10, 1961. These copies, obtained from the church, are attached here in PDF form. The copies are a bit difficult to read but we are advised that these are the best copies available. We will continue to search for all the documents on your list and nr~.,~.~P t~,ow. ,.. _.__ possible. .. Best regards, Brett W. Bennett WITTWER & PARKIN, LLP t,, 147 South River Street, Suite 221 ' _.-;-?Santa Cruz, CA 95060 (831) 429-4055 (831) 429-4057 (facsimile) CONF[DENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this e-mail message in error, please a-mail the sender at bwb~l;w__~___ttwtCp.irkin.~om or telephone (831) 429-4055. From; Diane Drewke [mailto drewke@comcast.netj __ _ _ Sent: Monday, March 12, 2007 9:1g pM To: office@wittwerparkin.com Cc: john)@saratoga.ca.us; davea@saratoga.ca.us Subject: Request for PUblice Records Act your US Mail Reply Dear Brett and Jonathan, I received your letter through the US mail that you are required to provide written notice within 10 days of unusual circumstances. After that you require 14 day extension will take us to March 20, 2007. Thank you for responding to my request of February 25, 2007. However, per your letter it is my understanding that if an extension is required then you need to provide notice of any "unusual circumstance". In your letter I did not see an explanation or a statement that there was an unusual circumstance. All I saw was that the date you will get the records to `~me is March 20, 2007. If there is an unusual circumstance please notify me as to what it is. Respectfully, Diane Drewke ~~ Jonathan Wittwer ~, f i C~~Z~I~t~CI~O~C~ From: Houston, Jolie [Jolie.Houston@berliner.comj Sent: Thursday, June 14, 2007 2:01 PM To: Jonathan Wittwer Subject: RE: Nexus re Fence No they did not...they talked about it. ~.- /~=L oft ~GC:~GjL What was good about last night is that we did not hear anything NEW from the Barrs or Drewke. I think we have a baseline of complains (for now). _. _... . . ........... _ From: Jonathan Wittwer [mailto:jonathan@withnrerparkin.com] Sent: Thursday, June 14, 2007 1:35 PM To: Houston, Jolie Subject: RE: Nexus re Fence I didn't think they required one. Should I check with John? Jonatkan N~ittwer WITTWER ~ PARd~N, LI.P 147 South River Street, Suite 221 `' Santa Cruz, CA 95060 Phone: (831)429-4055 Fax: (831)429_4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this e-mail message in error, please a-mail the sender at jonathan~wittwerparki.n,com or telephone (831) 429_:}055. -- . __.. _ _ From: Houston, Jolie [mailto:]olie.Houston@berliner.com] nt: Thursday, June 14, 2007 1:28 PM To: ]onathan Wittwer Cc: John Livingstone Subject: RE: Nexus re Fence I was mentioning the nexus for a new fence on the Barr side. From: Jonathan Wittwer [mailto:jonathan@wittwerparkin.com] Sent: Thursday, June 14, 2007 1:05 PM To: Houston, Jolie Cc: 'John Livingstone' Subject; Nexus re Fence You were mentioning the nexus issue re fence condition added by PC last night. I think there is nexus for the fence as to keeping the parking on the Church parcel (as opposed to the residential parcel). 6/22/2007 Page 2 of 2 ,G Jonatltacn yy'2~~. R'I~~'ER ~ PARI'sl1V, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 Phone: (831) 429-4055 Fax: (831) 429-4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. [fyou are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this a-mail message in error, please a-mail the sender at ~onafhan~wittwerparkin_com or telephone (831) 429-4055. 6/22/2007 Brett Bennett From: Houston, Jolie [Jolie.Houston@berliner.comj Sent: Tuesday, June 12; 2007 11:22 AM To: Brett Bennett; Jonathan Wittwer Subject: Lease amendment ~.1~~~~e~0 j G (3~ I just found out that the the tenants only have the rights to use the house and the fenced yard-area. The lease was not clear. We are revising the lease amendment to clarify this. (The church alwa shad the ri ht even under the on final lease to use the are for overflow... amendment when it is finished 9 I will forward the new Jolie 6/22/2007 I i i Jonathan Wittwer From: Sent: To: Subject: Importance: High Jonathan, a~e~~~ .~ I spoke to real estate atty (who is dong the lease amendment for me since I am finishing my brief) and I asked him to also prepare it as a "deed restriction" so we would be prepared for the meeting. (If it came up). He said we can't do it since the church owns both parcels. I did not think of that, but it is the same as granting an easement to yourself. If the church ever sells the lot (parking area) then it could at the time of sale restrict it to provide parking for the church. He said that the only way to provide this overflow parking is through the lease. I wanted to let you know before it gets said out in public and then it can't be done. Drewke may attempt make a deal out it. Jolie !/ ~~ ~, _ _ ~zG ~~ Co/l~cs~ o ~v ~ G%/~~ ~ ~ ~. ge o Houston, Jolie [Jolie.Houston@berliner.comJ Friday, June O8, 2007 3:28 PM "` Jonathan Wittwer; Brett Bennett Parking restriction /Deed 6/22/2007 ~7. ~~ e f t i< s r q:. f~ f r 1 ~4 w :~ ~'' F / ~. ; " , ~~ ~' ~ i°` ~ {` S; ~T > # F ,' -y. ' fay,: € ~, ~' :: . ;Sg F °!~ F" ~ r ", ~ ~ ; t ,. r ! , i`" ~ m , y+ViF V i:~ 5 ty f ~ j s ~. t G :rir~. ~k y{xu f ~~y, t S ~~ j t~ ~ s< ~v ~~ ~ 3 c n' ~~ r~~jr~i f V~~,tt ~~ p~ o- :~ a xe 1 r p i s .+~/ V > fA, .'t~~'~.~'~ ~~JXKj'kt„f,~`k~,~ 4V t ~ _ , cti.. T y. ;^ 'R`,O~ t < ,~ ~ a is ~ ~~ ~> f~~ pf/ i~j ~ £r.!]'~'i,T.1 ~ x l i ~. a rf y ~ t a > f ~rf3 ~r9 ~~ ~"/~~~1~liwi Y.e a:. f t irv~. / F a: ~r ,F f fF~'S~T'k f t:{.' f~.~~a r ~k ~YS{x" tr ~~ki ~ $ri ~~ ~.- ~~ tF;r 5i))) i33 t~~. i? ¢'+.e~ S"i ~ ~Fi~q / ~ ~~ ~ ~ ~~ .K ~~kt>tsir G~~iK i44 .oat ~Sl ~<~S?r- A ~~~~ iy/ Sgt /~' MRS „ /t ~:. ?F ii rf H 3.0~~p/ (~ ~S if/r r~F` .. SY V ~'r^r^ d"s ' f. ~ //~/Yy y~'t ~Gk orff'~ t/F~ Y?'~F 3 ff f (, ~'3'< 6" ~ It <`fH^F S- ~ / ~.xi / s: ' t' i,e~y ~.,4 tom, r <S ~~y Y 'j~u r < i y~ .. ~/I.. b~ YJ.,/"gpfV.~ 4~ / ,{ ~ ~ 4•~ ,I 1{ ~ 4 f ~~ . ~~xPl'£ >tv 66 Y^MN f x" ~,r ' g :2a. '` ~fX + , ~x ~a.,.,r aF `+w ry ~:' f ~~t`~._ M ; i ~~'"' 22 3 ~:. 4 T~ 7 _; fg ~y, Yff. v~~ r < ~ ~~„~/J ~~ ~ x ~T ~. .l` ,~ `~. F: ~'y!, n .5 s., ~:5. t , t.7' a~ Diane Drewke From: Sent: To: Cc: Subject: Attachments: Greetings All, Brett Bennett [bwb@wittwerparkin.com] Tuesday, August 21, 2007 1:08 PM 'Diane Drewke; drbarr@pacbell.net; rhonda.huff@comcast.net 'Jonathan Wittwer'; 'John Livingstone'; 'Jana Rinaldi' PRA Request of 7-23-07 from D. Drewke, R. Huff, and K. Barr Letter to D. Drewke and K. Barr re PRA 8-21-07.PDF I have attached a PDF version of our cover letter. Jonathan will bring the documents (about 140 pages) to the Community Development Department Office for your review at approximately 4:30 today. Thank you for your patience. Best, Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831) 429-4055 (831) 429-4057 (facsimile) CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited: If you have received this a-mail message in error, please a-mail the sender at bwb(a~wittwernarkin c~nn, 429-4055. or telephone (831) i ~ f ~~1~E~ & J'AIE2~IileT, l:L)p JannEtiaa WiEtwcr j'17 SOLTH jZjylR S rREET, SUITE 22I William I~. I~nr~tin 5~\"rA CRL'G, CAI,11'OR\7A, 9G060 PARALEGAL BrcEt W. Bcaactt 'I•E.LEPHO\E, (837) 429.9066 MSriam (.n1ie Go:vlon hACSIMILE, f83ll A29_40G7 E .'MAIL, olfico(g`NiUrvarper~ia.aom AUgUSt 2l, 2007 VIA E MAIL AND U.S. MAIL Karie and Robert Barr Rhonda 1•fuff c/o 13914 Camino Barco Saratoga, CA 95070 Diane Drewke 13809 Serra Oaks Saratoga, CA 95070 Re: Response to Your July 23, 2007 Public Records Act Request and Subsequen# Email Messages that Have Refined and Clarified Your Request Dear Ms. Barr, Ms. Drewke and Ms. Huff In response to your request for public records the City has collected the records it believes ale responsive thereto. As requested, we are making the records available at the Community Development Department for your review and identification as to those records you want copied. Additionally, because you have made four numbered and relatively distinct categories of requests for records, we will address each category in the order you used in your request of July 23, 2007. We will also address any subsequent correspondence which refined or clarified your previous requests. Our comments follow. 1. Regarding Complaints Against the Church you stated, G`I want an accurate accounting on how many complaints there have been over the past two years." This request was received via email on August 16, 2007. In this same email you also wrote "I need more detailed information than your response below that Jana has received complaints on written, emailed and phoned in." Just to clarify, in your July l2, 2007 email you stated "I just want to make sure that the city is saying that it had no ~ -~ r ~, Kane Barr, Mane nrewke and Rhonda Huff Fublic Records Reyuest of July 23, 2007 Page 2 August 21, 2007 written communication of any of the neighbors' complaints to the Church." In a July 23, 2007 email reply our Associate, Brett Bennett, wrote "[i]n response to the third query in your July l2, 2007 email, Jana Rinaldi has confirmed that to the contrary, the City has received written complaints from neighbors about the Church." This response addressed your July 12, 2007 query. To answer your August 16, 2007 request (clarifying your July 23, 2007 request) about complaints in the last two years, we begin with the concept that there is a "Citizen Complaint Forrn" for use "if you would like to file a complaint" with the City regarding a code violation. It can be found on the City's Website. Likewise, City Council Resolution No. 04-018 establishing a Code Enforcement Policy references the "filing" of a complaint. In searching through its records, the City has found at least six "Citizen Complaint Fonns" "filed" with the.City Community Development Department alleging a violation by St. Archangel Michael's Church (the "Church"), in addition the City has made a reasonable effort to find any other records of contacts or inquiries regarding alleged violations by the Church. All of those records have been collected and are available at the Community Development Department for your review. When a citizen EiI1S out a Citizen Complaint Form, the Fonn,itself notifies the citizen that the City does not accept anonymous complaints, but that it will not disclose the complainant`s name when following up on a complaint. Consistent with this policy, the Gity makes its best effort not to disclose the namest ofthe parties contacting the City by telephone or email and alleging a code violation even where no formal Citizens Complaint Form is filed. Hence, those names have been redacted from the records made available for your review. Additionally, City Code Enforcement Specialist, Jana Rinaldi, has also informed me that the City has received some phone calls alleging excessive noise or other violations at the Church. Jana Rinaldi has looked over the City's records; we are providing you with all the found phone records. ~ Or other identifying information. Z '7 Katie Barr, Diane Drewke and Rhonda Huff Public Records Request of.luly 23, 2007 Page 3 August 21, 2007 2. "All correspondence between the City staff, their representatives aced St. Archangel Michaels Church's representatives or parishioners from 1997 to 2002." All described records from this time-period found by City Staff are ready for your review at the Community Development Department. 3. "A financial accounting from the City since 2000 for all charges, this includes dates of charges, dollar amount of charges, description of the charges and when charges were posted." Please note that undex the Public Records Act the City is not required to compile tables or records that are not already in existence. Section 6253. I of the Government Code instructs public agencies to aid the public in searches for "identifiable records."z Public agencies are obliged to comply with requests for records only "so long as the record can be located with reasonable effort.i3 The City does not customarily compile the information you seek into a single location as a "financial accounting." Nevertheless, without waiving its rights not to have to cotnpile information which is not already in the form of an identifiable record, the City has prepared an Excel table...labeled "St. Michael's Charges" containing inuch of the information you requested. The table is included as Item 3 with the materials being made available for your review at the Community Development Department. 4. "Alt correspondence between the City staff, their representatives and St Archangel Michaels Church's representatives or parishioners from June 20, 2007 until July 23, 2007." All described records From this time-period found by City Staff are ready for your review at the Community Development Department. Thank you for your patience and elnails clarifying aspects of this request. 'Cal. Governmeui Code Sections 6254 and 6255 discuss standards as to whether records are disclosable to the ~wblic. C"al. f•'ir:r~ ftntenr/n~enl Cr~alition t~. Superior Cotrr~ (1998) 67 Cal. App. 4th 159, 166. 3 ..) 'l/. Karie $arr, Diane llrewke and Rhonda HufT Public Records Request of July 23, 2007 Page 4 August 21, 2007 Very truly yours, Wit er & Parkin, LLP athan Wittwer cc: Community Development Director, John Livingstone Code Compliance Specialist, Jana Rinaldi 4 Diane Drewke From: Sent: To: Cc: Subject: Greetings All, Brett Bennett [bwb@wittwerparkin.com] Thursday, August 16, 2007 4:10 PM 'Diane Drewke' 'Jonathan Witlwer; rhonda.huff@comcast.net; drbarr@pacbell.net Delay in Public Records Response Today is the due date for a response to your July 23, 2007 public records request. The materials are very close to being ready but we need to extend the deadline up to Tuesday the 215` because the City is currently unable to email materials to this office. Additionally, John Livingstone and Abby Ayende are currently out of the office and need to review the materials. We apologize for the delay. Best regards, Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831) 429-4055 (831) 429-4057 (facsimile) CONFIDENTIAI,I"1'Y NOTICE The infoi~nation contained in this a-mail rnessage is privileged, confidential, and protected from disclosure. [f you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this a-.mail message in error, please a-mail the sender at bwb(~uwittwe*n~trkin.cc~m or telephone (831) 429-4055. ~l ~' ~~ ~T7['WLR & PAR,I~j- LLP Jonafbaa wiEtwea. 147 SOUTH RIVER STREET, SUrrE 441 W",.;;m, P. P~,y~ SANTA CRUZ, CALIInogm,, 9b060 P'~^~L Brotf W. BmJnO{E TELEPFIONE, (831D 449-40bb alirinm ~+o Oanlrm FAI;SIlKQ,g, (831) 449-4067 . E-M'AII" °ffia°~q~.,iltweryarbu.mm VIA E MAIL AND U.S. MAIL July 19, 2007 Diane Drewke 13809 Serra Oaks Saratoga, CA 95070 Re: Response to Your July 18, 2007 Email; Request for Clarification Dear Ms. Drewke: In your earlier email of July I 0, 2007 you requested materials under the Brown Act for the June 6, 2007 Planning Commission Meeting. You stated your belief that Jolie Iiouston handed documents to Planning Commission Chair Joyce Hlava during the Planning Commission Meeting. Since there was no Planning Commission meeting regarding the St. Archangel Michael's Church on June 6th, I left you a voicemail message inquiring whether the date you meant was June 13, 2007. I also made inquiries of others whether there had been any documents provided to the Planning Commission by Jolie Houston. In your July 18, 2007 email to the City you wrote: "I apologize for the confusion the meeting was June 13 [2007] and I believe Ms. Houston handed things to the Chair of the Planning Commission. I am not sure what she gave the [C]ommission because I did not see but if you look on the video you should see it." The City is treating this July 18, 2007 email as a new public records request which supplants your July 10`h submission. Under Section 6253(b) of the Public Records Act, "upon a request for a copy ofrecords that reasonably describes an identifiahtP rA~ records, [the agency] shall make the records promptly available..." At the momentd or request does nat reasonably describe an identifiable record because the City has no 'your indication of where to look for this evidence other than your reference to the video recording of the June 13, 2007 Planning Commission Meeting. Since this meeting was approximately four hours in length, it would be unduly burdensome for the City to "look on the video" for evidence of Jolie Houston handing documents to Joyce Hlava. The ~- f Diane Drewke Letter re Drewke Email dated July ! 8, 2007 Page 2 hdy 19, 2007 search would be akin to looking for the proverbial "needle in a haystack." However, if you can provide a more specific reference, the City can accommodate your request. Our office has made every reasonable effort to determine whether Jolie Houston did submit any document to Chair H1ava at the June 13, 2007 meeting. We have asked Chair Hlava, Cotrununity Development Director John Livingstone and Jo1ie Houston about the alleged handout of documents by Jolie Houston and all have stated that they do not recall such a handout of documents occurring. Furthermore, I sat as the legal counsel to the Planning Commission at that meeting and I do not recall Jolie Houston handing any documents to Chair Hlava. Even so, because memories can be faulty and some time has passed, the City would welcome your sending the video transcript evidence (or a specific reference to it) as referenced in your email of July 18, 2007. The video recording' of the Meeting has a running timer below the picture so you or any member of the public may cite to specific occurrence times in the Meeting and frame your request in that manner. We recommend that you make use of this feature so that we may view the appropriate excerpt from the Meeting. Please narrow your .reference down to the minute when the alleged event took place so the City can view this as well. There are two other possible explanations for your belief that come to mind: (1) you might have seen Ms. Houston handing "speaker's slips" to Chair Hlava expressing- her interest in speaking at the meeting (she handed in at least two); or (2} you might have seen the Church's 2006 and 2007 Event Calendars being passed among the Planning Commissioners (these originated with me). Thank you for your consideration of these matters. Very truly yours, Wittwer & Parkin, LLP nathan Wittwer cc: Community Development Director, John Livingstone ~ Available at: http://Saratoga.granicus.com/MediaPlayer.php7view_id=5&clip_id-133 2 ~/, '_~ Diane Drewke From: Sent: To: Cc: Subject: Attachments: Jonathan Wittwer (Jonathan@wittvverparkin.comj Thursday, July 19, 2007 2:27 PM 'Diane Drewke' 'John Livingstone' Letter re your 7-10-07 Email Letter to Diane Drewke 2007 07 19.pdf Diane -- Please see response attached. We are very willing to assist; we just need more information since neither Chair Hlava, John Livingstone, me or Jolie Houston remember Jofie Houston handing in any documents to the Planning Commission. Jonathan N~'itttc~er WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 Phone: (831)429-4055 Fax: (831)429-4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. Ifyou are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. Ifyou have received this e-mail message in error, please a-mail the sender at jonathan(r~i wittweiparkin com or telephone (831) 429-4055. ~ ~, . ) Diane Drewke From: Sent: To: Subject: Attachments: Importance: Dear Ms. Drewke, Brett Bennett [bwb@wittwerparkin.com_ j ®~ Wednesday, September 05, 2007 2:42 PM 'Diane Drewke' FW: Your request for information of 9-5-07 Letter from Jolie Houston re St. Michael 5-21-07.pdf High Pardon the redundant a-mail but I should have included your request from today in the e-mail string following my message. I added your earlier a-mail below, Best, Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831) 429-4055 (831) 429-4057 (facsimile) CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If.you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this a-mail messa a in error mail the sender at bwb g [~wittwernark;n m or telephone (831).429-4055. ~ please e- -----Original Message----- From: Brett Bennett [mailto:bwb°(>vvittwerparkin.com) Sent: Wednesday, September 05, 2007 2:33 PM To: 'Diane Drewke' Cc: 'Jonathan Wittwer' Subject: Your request for information of 9-5-07 Importance: High Dear Ms. Drewke, In response to your request below, we have not yet been able to locate an from Ms. Houston under the Public Records Act ust of. I am providing this response at this time~in orde~rtoomeet May 22, 2007 retmailrequest frame you requested. Some time has you speak passed since this a-mail exchangerbutebackninhMatime Houston frequently called me to request any new submissions from concerned neighbors. qt this time, I may have forwarded this material over to Ms. y~ Ms. ofuatletterhthataMsorHoustontsentrtouthis officeawith no written 2007, I also sent to you below from 5-22-07), request from ou you a copy y (see email Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831) 429-4055 (831) 429-4057 (facsimile) C~ CONFIDENTIALITY NOTICE fromldi~closure.coIf ayoudare notsthemintendedarecipient an g privileged, confidential, and protected copying is strictly prohibited. If you have received this e-mailemessalenindertorbution, or mail the sender at bwb(~Jwittwerparl<in com or telephone (831) 429-4055, g please e- From: Diane Drewke [mailto:drewke(lcomcast.net) Sent: Tuesday, September 04, 2007 9:41 PM To: Brett Bennett Cc: council@saratoga.ca.us; Aparjot Dehal; Bernie Mills; Bob and Karie Barr; D Bentek; Daryl Huff; Diana Goble; mae.chang@mjc-realty,com; Nguyen, Sam L.; Rhonda Huff; Sam Na Adams; Steve Schwartzkopf; swon Vivian Mills g@sivongdirect.net; Ted Macaule g; Saskia y; Trish Schist; Virginia King; Subject: Need copy of PRA from Jolie Houston Dear Mr. Bennett, In your May 22 email to Ms. Houston you refer to her public record request. Would you please send me a copy of the request? I found I can not locate it in the 566 you sent me. pages Time is of the essence I would like it before the City Council Meeting tomorrow Sept 5. Thank you for your cooperation in this matter. Respectfully, Diane Drewke -----Original Message----- From: Brett Bennett [mailto:bwb@wittwerparkin.com] Sent: Tuesday, May 22, 2007 10:28 AM To: 'Diane Drewke' Subject: FW: Letter to Jonathan Witter Importance: High Dear Diane, We received this letter from Jolie Houston, Esq, yesterday regarding St. Archangel Michael. Brett W. Bennett WITTWER & PARKIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 (831) 429-4055 (831) 429-4@57 (facsimile) CONFIDENTIALITY NOTICE The information contained in this e-mail message is privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or 2 ;~ i I copying is strictly prohibited. If you have mail the sender at t~wb(dwictwer•pa~.kin.curn or { '~ ~ry l ~} V Z received this e-mail message in error, please e telephone (831) 429-4055. 3 • MINUTES SARATOGA CITY COUNCIL JUNE 26, 2007 Vice Mayor Waltonsmith called the Study Session meeting to order at 6:00 p.m. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith ABSENT: Mayor Aileen Kao ALSO Dave Anderson, City Manager PRESENT: Barbara Powell, Assistant City Manager Cathleen Boyer, City Clerk Michael Taylor, Interim Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 26, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 26, 2007 was properly posted on June 22, 2007. • ORAL COMMUNICATIONS Pricilla Ho discussed the UPRR crossing at Fredericksburg Drive and Guava Court. Fran Colletti requested that the Council move forward with the Prospect Road Median Improvement Project. Ray Muzzy thanked Vice Mayor Waltonsmith and Councilmember King for their time and effort they spent trying to get the City of San Jose to help fund the Prospect Road, Median Improvement Project. DIRECTION REGARDING CONCEPTUAL PROPOSAL RECEIVED FROM ALAN AND LISA BECK FOR THE USE OF NORTH CAMPUS STAFF RECOMMENDATION: Accept report and direct Staff accordingly. Michael Taylor, Interim Recreation Director, presented staff report. Lisa & Allen Beck along with Nieves Diaz and Juan Menendez presented their proposal for the North Campus Gymnasium and Child Development Center. The group provided the following information: • Background of the company that will be created to run the child • development center • Project descriptions of both the gymnasium and the child development center • • Square footage distribution and cost estimates • Lease terms • Community benefits Vice Mayor Waltonsmith invited public comments. The following people requested to speak on this item: Jack Mallory stated that the ball was now back in Council's hands and that they. need to decide how we want to use this site. Mr. Mallory stated that he thinks this is an interesting concept. Mr. Mallory noted that the childcare center fits the new families who work and live in Saratoga. John Kimble stated that his concem is the referendum. Mr. Kimble feels that the use of the Campus needs to be broader and there needs to be more community discussion. Vice Mayor Waltonsmith thanked the public for their comments. Vice Mayor Waltonsmith stated that the City needs to provide the Becks with some direction in an effort for them to move forward. • City Council discussed on the proposed gymnasium and suggested that staff schedule site visits to similar buildings. City Council also discussed the cost estimates provided by the group and staffing issues once the gymnasium is built. Interim Director Taylor stated that until the Becks gets permission from the City to move forward it is hard to get contractors out to the site to provide more accurate costs. Councilmember King asked if there would be any naming opportunities Mr. Beck stated that the gymnasium would be owned by the City so the City can name it whatever they want. Councilmember Hunter stated that she thinks this process is going too fast and needs more public input to see if the public really wants a gymnasium. Councilmember Page stated that that he thinks this is an interesting proposal and that this proposal does warrant more community discussion. Councilmember King noted that she could not be more thrilled with this proposal. Councilmember King stated that the Community usually does not get involved until the Council makes decisions and until the public sees the proposal, they will not get excited. Councilmember King stated that she is impressed with the group's • creativity. Councilmember King stated that a gymnasium does not always have to be used for sports; you can have other events there as well. 2 s • Vice Mayor Waltonsmith stated that she feels that the proposal would fit in the neighborhood. Vice Mayor Waltonsmith stated that she would like to see like better buildings but unfortunately funds are limited. Vice Mayor Waltonsmith stated that she feels the Council is honoring the referendum, making the Campus a more useful place. Vice Mayor Waltonsmith suggested moving forward with this proposal. Vice Mayor Waltonsmith stated that the City might not be using the gym as much due to lack of staffing. Vice Mayor Waltonsmith stated that the City needs to find a way to go forward and stop going around in circles. Councilmember King suggested that the Becks flesh out their proposal and include their running total costs with interest. Councilmember King stated that she envisions a large room for activities, a gym, and a playground at this site. Councilmember Page noted that the citizens of Saratoga have not been heard yet and they might be the final arbitrator. Councilmember Page suggested moving forward with negotiations and directing staff to do a parking and traffic study and to provide more information on the proposed financial terms. Councilmember Hunter stated that she feels some questions have not been answered and that the process is going too fast. Vice Mayor Waltonsmith suggested a study session with the Planning . Commission. Councilmember King and Councilmember Hunter both supported a study session with the Planning Commission PAGE/KING MOVED TO DIRECT STAFF TO CONDUCT PARHING AND ENVIRONMENTAL STUDIES; SCHEDULE A JOINT STUDY SESSION WITH THE PLANNING COMMISSION AT THE END OF AUGUST; AND INVITE THE PUBLIC TO PARTICIPATE IN THE DISCUSSION. MOTION PASSED 4-0-1 WITH KAO ABSENT ADJOURNMENT There being no further business Vice Mayor Waltonsmith adjourned the Study Session at 8:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • 3 s MINUTES • SARATOGA CITY COUNCIL AUGUST 1, 2007 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Barbara Powell, Assistant City Manager, and Monica LaBossiere, Human Resources Manager Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Barbara Powell, Assistant City Manager and Monica LaBossiere, Human Resources Manager Employee organization: Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals • Conference With Legal Counsel -Existing Litigation (l case) (Government Code section 54956.9(a)): Suto v. Saratoga et al. (Santa Clara County Superior Court Case No.l 07CV078657 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code 54957) Title: City Manager PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code 54957) Title: City Attorney The City Council held a Joint meeting at 6:00 p.m. with the Saratoga Chamber of Commerce in the Administrative Conference Room. MAYOR'S REPORT ON CLOSED SESSION Mayor Kao stated that there was no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councihnembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao ABSENT: None ~~ SARATOGA CITY COUNCIL • MEETING DATE: September 5, 2007 AGENDA ITEM: 2 ORIGINATING DEPT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -August 1, 2007 FISCAL IMPACTS: N/A • CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Minutes August 1, 2007 • to ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Interim Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 1, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 1, 2007, was properly posted on August 26, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Andrea Boscoe-McGhee explained that over the past couple of Saturdays she has been walking along Saratoga-Sunnyvale Road picking up garbage. Ms. Boscoe-McGhee noted that she picked up several cups from Starbucks. Ms. Boscoe-McGhee stated that the City should form a committee to adopt the City and clean it up. Ms. Boscoe-McGhee noted that she created a plan called "Keep Saratoga Clean". • Ms. Boscoe-McGhee read a letter her daughter Chole McGhee asking the Council to help her clean up Saratoga. COUNCIL DIRECTION TO STAFF In regards Ms. Boscoe-McGhee's comments, Councilmember King asked that this item be agendized. Councilmember King stated that she is always getting calls from residents who want to volunteer. Councilmember Hunter noted that she agrees with Ms. Boscoe-McGhee's comments, she is constantly picking up trash in the Village. COMMUNICATIONS FROM BOARDS AND COMMISSIONS J.R. Ellis stated that he was the treasurer of the Saratoga Chamber of Commerce. Mr. Ellis noted that prior to this meeting the Chamber Board met with the City Council. Mr. Ellis stated that they are increasing membership about one to two new members per week. Mr. Ellis announced that the 19`x' Annual Celebrate Saratoga would be held on September 15, 2007. ANNOUNCEMENTS Vice Mayor Waltonsmith announced that on August 9`h at 10:00 a.m. at City Hal] the Sister City student exchange program would be holding a reception for the students visiting Saratoga from Muko, Japan. 12 Vice Mayor Waltonsmith announced that on September 27`h at 6:00 p.m. in the Saratoga Community Center's Multi Purpose Room the first LEAF meeting would take place. This group is a tri-city venture, which includes, the cities of Monte Sereno and Saratoga and the Town of Los Gatos. This group will discuss how our citizen can help themselves in finding ways to live a more environmentally sensitive lifestyle. Councilmember Page noted that most people might notice that on your tax bill that there's a line item charge for the West Valley Sanitation District. Councilmember Page explained that recently the District has performed some renovations on the sewer lines on Springer Avenue, McDole Street, and Aspesi Drive. CEREMONIAL ITEMS 1. COMMENDATION HONORING LISA MARIE BURLEY STAFF RECOMMENDATION: Present commendation. Mayor Kao read the proclamation and presented it to Ms. Burley. SPECIAL PRESENTATIONS 2. UPDATE ON THE WEST VALLEY COLLEGE CONSTRUCTION PROJECTS • STAFF RECOMMENDATION: Informational only. Board Trustees Jack Lucas and Don Cordero and President Phil Hartley provided the City Council an overview of the construction projects at West Valley College. CONSENT CALENDAR 3. REVIEW OF ACCOUNTS PAYABLE AND PAYROLL CHECK REGISTERS STAFF RECOMMENDATION: Accepts the Check Registers for: Accounts Payable: July 11, 2007 and July 18, 2007 Payroll: July 19, 2007 WALTONSMITH/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNT PAYABLE JULY l 1, 2007 AND JULY l8, 2007 AND PAYROLL JULY 19, 2007. MOTION PASSED 5-0. 4. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: • Adopt resolution authorizing the continued use of the Citizen Options for Public Safety (COPS) program's Supplemental Law Enforcement Services Fund (SLESF) 13 grant as a source of funds for additional public safety services. RESOLUTION: 07- 056 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING THE CONTINUED USE OF THE SLESF FUNDS. MOTION PASSED 5-0. 5. LICENSE AGREEMENT WITH SARATOGA SISTER CITY FOR STORAGE SHED AT NORTH CAMPUS STAFF RECOMMENDATION: Accept report and adopt the resolution approving the License Agreement with the Saratoga Sister City. RESOLUTION: 07- 057 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE LICENSE AGREEMENT WITH THE SARATOGA SISTER CITY. MOTION PASSED 5-0. 6. MOTOR VEHICLE (MV) RESOLUTION STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing "No Parking or Stopping" on Sobey Meadows Court. . RESOLUTION: MV-267 WALTONSMITH/PAGE MOVED TO ADOPT MOTOR VEHICLE RESOLUTION AUTHORIZING "NO PARKING OR STOPPING" ON SOBEY MEADOWS ROAD. MOTION PASSED 5-0. 7. INITIAL MITIGATION EFFORTS FOR REMOVAL OF AN ILLEGAL BICYCLE TRAIL 1N THE PARKER RANCH SUBDIVISION - APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Approve $5,000 in Council Contingency funds for initial mitigation efforts to remove an illegal bicycle trail in the Parker Ranch Subdivision. WALTONSMITHIPAGEMQVED TO APPROVE $5,000 IN COUNCIL CONTINGENCY FUNDS FOR INITIAL MITIGATION EFFORTS TO REMOVE AN ILLEGAL BICYCLE TRAIL IN THE PARKER RANCH SUBDIVISION. MOTION PASSED 5-0. 8. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 ANNEXATION 2007-I, ZONE N0.33 -APPROVAL OF BUDGET ADJUSTMENT RESOLUTION FOR FY 07-08 • STAFF RECOMMENDATION: Move to adopt the budget adjustment resolution increasing both revenues and expenditures for Landscaping and Lighting Assessment District LLA-1 for the 14 amount of $3,200. RESOLUTION: 07-053 WALTONSMITH/PAGE MOVED TO ADOPT THE BUDGET ADJUSTMENT RESOLUTION INCREASING BOTH REVENUES AND EXPENDITURES FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FOR THE AMOUNT OF $3,200. MOTION PASSED 5-0 9. MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED LOCALS (UNION) STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Memorandum of Understanding with the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007 through September 30, 201 1, and authorize the City Manager to execute the MOU. Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Barbara Powell, Assistant City Manager, asked that this item be tabled and brought back at a subsequent meeting. • KING/PAGE MOVED TO CONTINUE THIS ITEM TO A FUTURE AGENDA. MOTION PASSED 5-0. l0. MEMORANDUM OF UNDERSTANDING WITH SARATOGA EMPLOYEES ASSOCIATION STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Saratoga Employees Association (SEA) for the period July 1, 2007 through September 30, 201 1, and authorize the City Manager to execute the MOU. RESOLUTION: 07-054 Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Barbara Powell, Assistant City Manager, explained that staff asked that item 10 be pulled to make one correction in the staff report. Assistant City Manager Powell stated that in the report summary the term of the agreement should be July 1,2007 - September 30, 201 1. PAGE/WALTONSMITH MOVED TO ADOPT THE RESOLUTION APPROVING THE ME>\10RANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION (SEA) FOR THE PERIOD JULY 1, 2007 THROUGH 15 SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MOU. MOTION PASSED 5-0. 11. MEMORANDUM OF UNDERSTANDING WITH THE SARATOGA MANAGEMENT ASSOCIATION STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Saratoga Management Association (SMO) for the period July 1, 2007 through September 30, 201 1, and authorize the City Manager to execute the MOU. RESOLUTION: 07-055 Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Barbara Powell, Assistant City Manager, explained that staff asked that item 10 be pulled to make one correction in the staff report. Assistant City Manager Powell stated that in the report summary the term of the agreement should be July 1,2007 - September 30, 2011. PAGElWALTONSMITH MOVED TO ADOPT THE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOUI BETWEEN THE CITY AND THE SARATOGA MANAGEMENT ASSOCIATION (SMOI FOR THE PERIOD JULY 1, 2007 THROUGH SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MOU. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 12. PROSPECT ROAD MEDIAN IMPROVEMENT PROJECT -AGREEMENT FOR PROFESSIONAL DESIGN SERVICES STAFF RECOMMENDATION: 1. Move to authorize the City Manager to execute an Independent Contractor Agreement between the City of Saratoga and Callander Associates Landscape Architecture, Inc. for professional design services in the amount of $28,098 and an additional allocation in the amount of $2,500 for subsurface investigation. 2. Authorize the Mayor to sign a letter of understating with the City of San Jose regarding the project. The following person requested to speak on this item: Fran Colletti asked for Council's support to move forward on this project. Mrs. Colletti stated that in 200] she collected a lot of signatures supporting this project. Mrs. Collettti stated that she is discouraged on how slow the process is going. 16 WALTONSMITH/PAGE MOVED TO DIRECT STAFF TO OBTAIN A LETTER OF UNDERSTANDING FROM THE CITY OF SAN JOSE STATING THAT THEY WILL COOPERATE WITH THE PLAN BEFORE THE CITY MANAGER OF SARATOGA CAN APPROVE CONTRACT WITH CALLANDER ASSOCIATES. MOTION PASSED 4-1 WITH HUNTER OPPOSING. WALTONSMITH/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CTTY OF SARATOGA AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE. INC. FOR PROFESSIONAL DESIGN SERVICES IN THE AMOUNT OF $28.098 AND AN ADDITIONAL ALLOCATION IN THE AMOUNT OF $2,500 FOR SUBSURFACE INVESTIGATION. MOTION PASSED 5-0 NEW BUSINESS l3. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Designate a voting delegate and alternate for the League's Annual Conference. WALTONSMITH/KING MOVED TO APPOINT CHUCK PAGE AS VOTING DELEGATE AND JILL HUNTER AND DAVE ANDERSON AS THE ALTERNATES. MOTION PASSED 5-0. ADNOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported that following information: Hakone Foundation -event at Phil Boyce's house on September ] 5`~ to celebrate the 83`d anniversary of Madame Butterfly. West Valle~yors and Managers Association -discussed the proposed expansion of the Hanson Permanente Cement quarry. Vice Mayor Waltonsmith reported the following information: Hakone Foundation -recently held a special meeting for team building. Councilmember Chuck reported the following information: West Valley Solid Waste Joint Powers Association -noted that the next Board meeting would be held on September 21, 2007 at 5:00 pm at the Town of Los Gatos City Council Chambers. Councilmember King reported the following information: Peninsula Division. League of California Cities -annual dinner on Thursday, August 2, 2007. Valle~Transportation Authority PAC -filling in for Councilmember Sandoval at the Board meeting. ]mportant item for discussion is SB 286. City School AdHoc -new schedule at West Valley College for field use. Councilmember Hunter reported the following information: 17 Santa Clara County Valley Water Commission -reported that the Board has been. discussing potential water conversation efforts with in the next year. CITY COUNCIL ITEMS Councilmember King requested a status report on the City's efforts of establishing a household battery drop off site at City Hall. City Manager Anderson noted that he would include her request in the weekly newsletter. Councilmember King requested that City staff provide the URL for the Planning Commission's discussion regarding the St. Archangel Michael Church. Vice Mayor Waltonsmith requested that the City Attorney provide the Council and staff with Brown Act and Public Records Act training in the near future. City Attorney Taylor responded that he would work with City Manager Anderson to scheduled training for City Council and staff. Referring to an article she saw in the San Jose Mercury News, Vice Mayor Waltonsmith asked if the City would be willing to discontinue buying bottled water. Vice Mayor Waltonsmith suggested using carafes of water at the dais instead of bottles. City Councilmembers agreed to use carafes instead of bottled water OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that he would be on vacation from August 4-] 9, 2007 and Assistant City Manager Powell would be acting City Manager. ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 9:30 p.m. and noted that Council would be returning to Closed Session in the Administrative Conference Room. Respectfully submitted, Cathleen Boyer, CMC City Clerk n 18 u~ SAUN /tti yNp l+~ ~': .TOE. v y .~ SARATOGA CITY COUNCIL a.~ y~~~pn~xr, MEETING DATE: September 5, 2007 AGENDA ITEM: 3 DEPARTMENT: Finance & Admin. Services CITY MANAGER: Dave Anderson PREPARED BY: Karen Casclli DIRECTOR: Mary Furey ~:. SUBJECT: Review of Accounts Payable and Payroll Check Registers. RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following payment cycles: Accounts Payable: July 25, August I, 8, 15, 22, 2007 Payroll: August 2, 16, 2007 REPORT SUMMARY: Attached arc the Check Registers for: Prior Check Rc ister T~ a of Checks Datc Starting Check No. Ending Check No. Total Checks Amount Checks Released Date Ending Check No. Accounts Pa able 7/25/07 105595 105668 74 $111,407.05 7/26/07 7/18/07 105594 Accounts Pa able 8/1/07 105669 105719 S1 $127.034.30 8/2/07 7/25/07 105668 Accounts Payable 8/8/07 105720 105798 79 $572,107.18 8/9/07 8/1/07 105719 Accounts Payable 8/15/07 105799 105850 52 $104,548.32 8/16/07 8/8/07 105798 Accounts Pa able 8/22/07 105851 105909 59 $486,951.19 8/23/07 8/15/07 105850 Total $1,402,048.041 Payroll (Pay Pcr.#I(,-o7) 8/2/07 32485 32546 62 $158,683.60 8/2/07 7/19/07 32484 Payroll (PayPcr.#17-07) 8/16/07 32547 32612 66 $161,464.93 8/16/07 8/2/07 32546 Total $320,148.53 "TOTAL $1,722,196.57 The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: AP Date Check # Issued to Eund De t. Pur ose Amount 7/25/07 105595 Edward R. Bacon Co. General Public Safety Generator $15,632.67 7/25/07 105648 Pacific Gas & Electric Various Various Gas & Electric Service $16,196.47 7/25/07 105656 Shute, Mihaly& Wcin. Various Various Attornc /Lc~al Services $35,529.19 8/1/07 105671 Mobile Modular Mgt. Facility hnprovement ISF Gen Gov Svc Purchase of Modular Bldg. 30,075. ] 0 8/1/07 105681 Comcatc General Gen Gov Svc E-Feedback Manager $15,500.00 8/1/07 105714 United Rentals General . Public Safety Generator $15,633.50 8/8/07 105735 Coumy of Santa Clara General Public Safety Law Enforcement Services $31 1,610.00 8/8/07 105737 CRW Services Dcvelo ment Serv./IT Dev. Svc/IT TRAKIT Software $31,000.00 tg C:\DOCUME-1\cboyer\LOCALS-1\Temp\StafiReport 8/8/07 105749 Gcor a Bianchi Construct EI Quito Area Curb R Icmnt Infra-CIP Concrete Rc air $21,819.87 The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: (continued) AP Date Check # Issued to Fund De t. Pur ose Amount 8/8/07 105762 LSA Associates, Inc. Kevin Moran Park Parks/Trl CIP Consulting Services $19,144.40 8/8/07 10577 ] On-Line Stri in = Serv. General/H User's Tax Public Works Street Stri in -Sara-Snvl Rd $11,992.70 8/8/07 ] 05779 San Jose Water Co. Various Various Water Service $15,327.70 8/8/07 105781 Saratoga Comm. Access KSAR Comm Svc Funds Withdrawal $30,000.00 8/15/07 105820 LM.P.A.C. Gov. Svc. Various Various Credit Card charges $10,835.36 8/15/07 105827 Metropolitan Pln Grp. General Dev. Svc. Consulting Services $]0,175.00 8/15/07 105828 Mobile Modular Mgt Facility Improvement/General Gen Gov Svc Preschool Ramp $10,489.97 8/15/07 105849 West Valley Sanitation General/Environ. Program PW/Environ S WV Clean Water Program $18,069.21 8/22/07 105862 City of San ,lose General Pub.Safety Svc Animal Services $14,176.04 8/22/07 105865 Count of Santa Clara General Pub.Safet Svc Law Enforcement Services $311,610.00 8/22/07 105880 M.A.K. Assoc. Inc. Beauchamp PW ]nstall playe uipment $11,213.95 8/22/07 105883 Moreland & Assoc. General Gen.Gov. Svc. Temp.Accounting Spv. $10,824.00 8/22/07 ]05890 Pacific Gas & Electric Various Various Gas and Electric Svc. $14,865.75 8/22/07 ]05903 Union Pacific Railroad Cox Railroad Crossin = hifrasnuaC.LF'. Concrete Surface $51,606.47 The following is a list of Accounts Pavable checks that were voided or manually issued: C~ AP Date Check # lssucd to Amount Reason 7/25/07 ]05450 Edward R. Bacon Co. ($15,632.67) Void Check -Reissued check #105595 7/25/07 7!25107 105595 Edward R. Bacon Co. $15,632.67 Manual Check 8/1/07 105606 A T & T ($521.73) Void Check -See reissue #] 05669 & 105670 8/1/07 105669 A T & T $155.70 Manual Check 8/1/07 105670 A T & T Lon Dist. $366.03 Manual Check 8/1/07 ]05671 Mobile Modular $30,075.10 Void Check 8/1/07 105622 Gachina Landsca in= ($354.33) Void Check 8/15/07 105]34 Count of Santa Clara ($500.00) Void Check 8/22/07 105831 Musicalme, Inc. ($1,466.20) Void Check 8/22/07 105847 Turi, Erin ($927.30 Void Check The following is a list of cash reduction by fund: `J Fund # Fund Descri lion AP 7/25 AP 8/Ul AP 8/08 AP 8/15 AP 8/22 Total 001 General 69,677.96 64,096.89 399,94526 67,007.81 380,584.31 981,312.23 ]50 Stree[s & Roads 1,909.46 15,748.72 8,225.29 25,883.47 201 Manor Drive Landscape 66.03 66.03 202 Ferdericksbur Landsca e 193.54 36.03 229.57 203 Greenbriar Landscape 210.00 400.75 240.71 851.46 204 Quito Li =htin = 1,209.88 1,577.94 1209.8 3,997.62 205 Azule Lighting 264.26 2,071.28 264.23 2,599.77 206 Sarahills Li bring 288.52 145.73 288.5 722.75 207 Villa =e Lighting 2,148.36 1,776.04 638.45 4,562.85 209 McCart sville Landsca e 15.44 109.29 286.4 411.13 210 Tricia Woods Landscape 7.72 2Q49 59.57 87.78 211 Arroyo do Saratoga Landscape 569.24 427.22 996.46 212 Leutar Court Landscape 20.49 44.93 65.42 215 Bonnet Way Landscape 332.10 93.36 459.63 885.09 216 Bcaucham s Landscape 49.16 ]25.23 42.19 2]6.58 pp C:\DOCUME-1\cboyer\LOCALS-1\Temp\Staff Report 217 Sunland Park Landscape 455.39 169.86 625.25 -The following is a list of cash reduction by fund: ~ Fund # Fund Descri tion AP 7/25 AP 8/Ol AP 8/08 AP 8/15 AP 8/22 Total 222 Prides Crossing Landscape 35.08 1,965.02 273.69 2,273.79 224 Village Commercial Landsca c 305.40 1586.25 1,89L65 225 Saratoga Legends Landscape 255.00 34.15 289.15 226 Bcllgrove Landsca c 214.04 4813.74 5,027.78 227 Cunningham/Glasgow Landscape 70.59 175.85 246.44 228 Kerwin Ranch Landsca e 169.19 ]64.5 333.69 229 Tollgate LLD 11 L60 168.15 134.58 414.33 231 Horseshoe Landsca e/Li htin 8.25 137.18 7.98 153.41 232 Gateway Landscape 25.05 235.52 764.68 1,025.25 233 Carnelian Glen 279.77 279.77 250 Develo mentServices 5.080.90 18,584.98 25,057.50 177.63 1500 50,40].01 260 Environmental Pro am SRF' 29.86 8,124.96 13,551.96 21,706.78 270 CDBG -Federal Grants 2,805.50 2,805.50 290 Recreation 241.34 842.65 1,589.98 2,673.97 291 Teen Services 588.00 588.00 310 Park Dev Ca ProjFund 77].63 1,800.00 2,571.63 320 Park Dev Capital Project - 352 Infrastructure - 400 Library Bond Debt Service - 420 Leonard Road 290.35 290.35 501 E uipment Replacement ISF - 502 Information Technolo ry 11,100.00 11,100.00 503 Facility Improvement 2,458.56 30.075.10 2,208.14 8,041.01 15707.68 58,490.49 504 Facilities 4,188.45 3,874.43 946.69 2,033.66 3229.11 14,272.34 505 Internal Services Fund 16,219.34 5390 21,609.34 506 Office Stores Fund 777.76 1,012.10 605.59 2,395.45 510 LiabilitylRisk Mgt - 511 Workers'Comp - 604 Plannin De osit Pre 2006 5,511.99 5,511.99 605 Plannin De osit FY 2006 - 701 Traffic Safet - 702 Hi hwa 9 Safet - 703 Hakone ADA Im rovements - 706 Sidewalk Annual Project - 707 Aloha Street Safct Im rovemcnt 273.53 273.53 716 Hi hwa 9/Oak Pcdestrain - 720 KSAR/CATV A enc Fund 30,000.00 30,000.00 727 EI Quito Area Curb Re lacement 21.819.87 21,819.87 728 Book Go Round Drains c 151.76 151.76 731 Storm Drain U rades _ 732 Median Landsca c/Irrieation - 734 Civic Center Landsca e S 15A8 515.08 735 Village Li hts (Zone 7A) _ 736 Villa e Trccs Lighting _ - 738 Cox Avc Railroad Crossin 51,606.47 51,606.47 21 C:\DOCUME-1\cboyer\LOCALS-1\Temp\Staff Report The following is a list of cash reduction bV fund: (continued) Fund # Fund Dcscri tion AP 7/25 AP 8/01 AP 8/08 AP 8/15 AP 8/22 Total 741 Blane Plaza Im rovements - 743 Blane Plaza Im rov./Cnstrc - 744 Villa eSidewalk,CurblGutter - 746 Sarato a-Bunn ale Gatewa 247.36 247.36 748 EI Ca Grantc/Monta Vista - 755 Warner Hutton House Im rov. - 758 Civic Center - CDD Offices - 761 Fire Alarm-McWilliams/Book Go 4,600.00 4,600.00 762 North Cam us/19848 Pros ect 1,265.00 6,419.38 2,085.36 9,769.74 766 Historical Park Fire Alarm 281.17 281.17 780 Beaucham Park Fund ]1,213.95 11,213.95 790 UPRR/Dc Anza Trail 14,982.68 14,982.68 791 Kevin Moran 18.40 19,144.40 19,162.80 792 Ahernative Soccer Field 5,550.00 1,791.56 7,341.56 793 Parks/Trails Re air 216.50 216.50 TOTAL 111,407.05 127,034.30 572,107.18 104,548.32 486,951.19 1,402,048.04 ALTERNATIVE ACTION: N/A • FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the Expenditure Approval List format. u 22 C:\DOCUME-1\cboyer\LOCALS-1\Temp\Staff Report • 'C. 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J O c o O Z u v a 0 0 w r r J c c q w \ [- G o N N Ya \\ u q o c w x N N \\ u c o x Z c c q o c 0 c z oz a 0 7 ~ to IY. O ~ , - N n ~ F. W Z ~ W r r r 4 x W in .n o z u o Z u 0 Z o o N a i {Y O M G O N m 0 q F N n F Z > ~ a C7 a ~ ~ , w W 5 O U K' 6y O 'L ~+ rN .. r a a 00 a fn >. i q>L ~ c fit` CNN • ~ W O F a^. 'G K (C rv, i {:~ M a a U ~ > ~ m m O n o.r .y rn of SAh~ t T ti~~ ~~~~" _ ~~~~G 7 U,...,a~ A:. Y ~.~~~ SARATOGA CITY COUNCIL tz ~~ ~3. ~ `~L jFOg1yl, MEETING DATE: September 5, 2007 AGENDA ITEM: 4 DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Establishment of Council Finance Standing Committee RECOMMENDED ACTION: Review report and direct staff accordingly. REPORT SUMMARY: Background The City formerly had a Finance Commission, formed in 1981, to "advise the City Council on financial matters pertaining to the governing of the City, as well as on the use of fiscal resources and the development of technology for the City." The Commission consisted of seven members who served four year overlapping terms of office. Members were selected by the City Council on the basis of their knowledge, experience, and qualifications in financial management and related areas. The Finance Commission perforrned specific tasks related to financial management and planning, information technology development, facilities needs, resource utilization, and other related tasks as assigned by the City Council." At its May 18, 2005 meeting, the City Council adopted Resolution OS-032 pertaining to the structure and operations of City Commissions. In recognition of significant budget cuts sustained by the City over several years, a corresponding reduction in City staff, and staffing requirements of City Commissions, the Council, through the above resolution, made a number of decisions regarding commissions, including changing the meeting frequency of the Finance Commission from monthly to once/year and as needed, and reduced the number of members from 7 to 5. At its May ] 6, 2007 Retreat, the Council reconstituted the Finance Commission as a Finance Committee, to review and prepare annual reader-friendly summaries of the City's fiscal year budget, and from time-to-time, to perform other related tasks as assigned by the City Council. The Committee will consist of three members who each serve four year overlapping terns of office, and will meet on as as-needed basis. Members will be selected by the City Council on the basis of their knowledge, experience, and qualifications in financial management and related area. The Council directed staff to await the hiring of a new Administrative Analyst position in Page l of 2 ~o the City Manager's Office before instating the Finance Committee. It is anticipated that the . Finance Committee will be instated by the'end of the calendar year. During subsequent discussions between the City Manager and staff, and preliminary discussions with Council indicating interest in agendizing the topic, the idea emerged that with the new role of the Finance Committee, it would be beneficial to have another working group that would conduct an initial review and oversight of the proposed annual budget and Capital Improvement Program (CIP) prior to their submittal to the full Council. Recommendation It is recommended that the Counci] form a Council Finance Standing Committee by appointing two Council members to conduct an initial review and oversight of the proposed annual budget and CIP prior to their submittal to the full Council. The Committee would meet on an as-needed basis. The Mayor is currently nominating Vice Mayor Ann Waltonsmith and Council member Chuck Page to serve in this capacity. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not have a formal working group established to provide an initial review and oversight of the proposed annual budget and CIP prior to their submittal to the full Council. ALTERNATIVE ACTION: The Council could nominate other members to serve on the Committee, could increase the meeting frequency of the committee or could identify other organizational and/or procedural parameters for the Committee. FOLLOW UP ACTION: Staff will implement Council direction ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A Page 2 of 2 71 SARATOGA CITY COUNCIL MEETING DATE: September 5, 2007 AGENDA ITEM: 5 ORIGINATING DEPT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor DEPT.HEAD: Richard Taylor SUBJECT: Approval of City Manager Contract RECOMMENDED ACTION: Approve a contract for City Manager services setting salary and benefits for 2007-2011. REPORT SUMMARY: The City Manager serves at the pleasure of the City Council pursuant to the City Code and a contract for services. The contract was last updated in 2005. Recently, the City Council approved four year labor agreements with the Saratoga Management Organization ("SMO") and the Saratoga Employees' Association. The attached agreement is similar to the City Manager contract approved in 2005 but sets salary and benefit terms for a four year period. The provisions for salary increases and benefits during that period are comparable to those included in the SMO agreement except that this agreement includes a higher car allowance to reflect the increased number of meetings outside the City attended by the City Manager and an allowance for participation in Saratoga-based civic organizations. The agreement also provides for payout of accrued annual leave in excess of 160 hours at the rate of 100%. FISCAL IMPACTS: The salary and benefit costs for 2007-08 are within the amounts included in this year's budget. FOLLOW UP ACTION(S): Mayor and City Manager to sign contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. 72 • AMENDED AND RESTATED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER This agreement was first made and entered into the 21" day of July 2000 by and between the CITY OF SARATOGA (the "City"), a general law city, and DAVID ANDERSON ("ANDERSON") with an effective date of August 21, 2000 and was subsequently amended September 20, 2000, September 5, 2001, September 18, 2002, November 7, 2002, September 3, 2003, September 1, 2004, and September 1, 2005. This amended and restated agreement ("Agreement") incorporates all prior amendments and additional amendments agreed to by Anderson and the City and shall have an effective date of September 1, 2007 and supersede all prior agreements between the parties. In consideration of the mutual covenants contained herein, the parties agree as follows: EMPLOYMENT A. Appointment of City Manager. The City Council of the CITY hereby appoints DAVID ANDERSON to the position of City Manager to perform the functions and duties specified under the laws of the State of California, the Saratoga City Code, the Ordinances and Resolutions of the CITY, and this Agreement and to perform such other duties and functions as the City Council shall from time to time assign. ANDERSON shall serve at the pleasure of the City Council. B. Term of Agreement. The term of this Agreement shall commence August 21, 2000 and shall continue until terminated by CITY or ANDERSON as discussed below. 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate this Agreement without cause at any time, or the right of ANDERSON to resign at any time from his position. Any such termination or resignation shall be in accord with Section LC, below. C. Termination of Employment. The City Council may terminate this Agreement without cause upon advance written notice, setting forth the effective date of ANDERSON's removal, consistent with Section 2- 73 • 20.080 of the Municipal Code, as it may be amended, from time to time. 2. In the event of termination pursuant to section LC.] ANDERSON shall be entitled to a severance payment equal to six (6) months salary and shall be entitled to the continuation of the Health Insurance, Dental Insurance, and Life and Accidental Death Insurance benefits specified in sections I.B, LC, and LG of Attachment A to this agreement for a six (ti) month period after termination. The severance payment shall be paid in a lump sum within ten (LO) days of the effective date of termination. The severance payment shall be based on ANDERSON'S then monthly salary. Severance benefits shall begin the first of the month succeeding the effective date of termination. ANDERSON'S accrued annual leave shall be paid out in accordance with section ILB of Attachment A to this agreement. Such severance pay, benefits, and accrued leave payout shall not be due or payable if ANDERSON is terminated after being convicted of a felony or a misdemeanor involving moral turpitude.. 3. If a majority of the City Council requests the resignation of ANDERSON, then ANDERSON may, at his option, deem himself terminated within the meaning of Section I .C.1. 4. ANDERSON may terminate this Agreement by giving the CITY thirty (30) days written notice in advance of termination, at the end of which period this Agreement will terminate, unless the CITY and ANDERSON otherwise agree. II. POWERS, DUTIES AND RESPONSIBILITIES A. Employment Duties. ANDERSON shall function as the City Manager of the CITY and shall be vested with the powers, duties and responsibilities set forth in Article 2-20 of the Municipal Code and California law as they now exist and may be amended hereafter, the terms of which are incorporated herein by reference. In addition, ANDERSON shall perform such other duties as may be assigned by the City Council and which are consistent with the position of City Manager, without additional compensation. Such duties shall include, but not be limited to, the following: 2 74 1. Assemble and explain pertinent facts and prepare committee reports as required; 2. Prepare agendas for Council meetings and advise Council on appropriate priorities and required actions; 3. Direct City Clerk in preparation for City Council meetings, maintenance of official records, conduct of municipal elections and execution of related functions 4. Represent the City Council in relationships with other governmental and private agencies; 5. Confer with and direct all department heads in the formation and implementation of administrative policies and practices; 6. Prepare and submit the annual budget; 7. Represent City to press and other information media as required; 8. Meet with individual citizens groups to discuss complaints and explain City policy; and 9. Administer any bonds approved by the voters of the City. B. Hours of Work. ANDERSON is expected to devote necessary time outside normal office hours to business of the CITY. To that end, ANDERSON shall be allowed flexibility in setting his own office hours, provided that ANDERSON shall work as necessary during customary business hours to satisfactorily perform his duties and responsibilities as City Manager. Ill. COMPENSATION OF ANDERSON. A. Sa1arv• ANDERSON'S base salary as of August 31, 2007 is One Hundred Fifty-Seven Thousand Three Hundred Fifty-Seven Dollars ($157,357) per year. ANDERSON shall receive a three percent (3%) cost of living increase, effective September 1, 2007. On September 1, 2008 and each thereafter through September 1, 2010, ANDERSON'S annual salary for the forthcoming year shall be adjusted in accordance with the United States Bureau of Labor and Statistics Average Consumer Price Index for "All Urban Consumers (CPI-U)" for the months of December to December for the "San Francisco-Oakland-San Jose" region ("Index"). Provided, however, that if the Index falls below one percent (1.0%), ANDERSON member shall nevertheless receive a minimum one percent (] .0%) cost-of-living adjustment; if the Index increases above two and one-half (2.5%), ANDERSON shall nevertheless receive a maximum two and one-half (2.5°/0) cost-of-living adjusm~ent. The salary shall be paid in bi-weekly installments. 3 75 2. In the event the City, at any time during the term of this Agreement, reduces the salary specified in section IILA.I of this Agreement or reduces the benefits specified in section IILB of this Agreement to a level below that made available to members of the Saratoga Management Organization, then ANDERSON may, at his option, be deerned to be "terminated" by the Ciry Council within the meaning of Section LC.1 of this Agreement as of the date of such reduction. B. Benefits. ANDERSON shall be entitled to the benefits set forth in Exhibit A to this Agreement which exhibit is hereby made a part of this Agreement. IV. PERFORMANCE EVALUATION A. The City Council shall review and evaluate the performance of ANDERSON annually in August. ANDERSON will timely cause to be placed on the City Council agenda each year a "closed session" for the purpose of the performance evaluation. Said review and evaluation shall be in accordance with specific criteria developed jointly by ANDERSON and the City Council. Those criteria may be added to or deleted from as the City Council may from time to time determine in consultation with ANDERSON. Anderson shall be eligible fora 5% salary increase each year effective September 1 through August 31, 201 1 contingent upon a satisfactory performance evaluation. V. MISCELLANEOUS PROVISIONS. A. Administration. This Agreement shall be administered by the City Attorney of the City of Saratoga ("Administrator"). All correspondence from ANDERSON to the City shall be directed to or through the Administrator or his or her designee. B. Notices. Any written notice to ANDERSON shall be sent to: David Anderson C/o City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 Any written notice to Ciry shall be sent to: City Attorney City of Saratoga ] 3777 Fruitvale Avenue 4 ~s • Saratoga, CA 95070 With a copy (which shall not constitute notice) to: Richard S. Taylor City Attorney City of Saratoga Shute, Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 C. Conflict of Interest. ANDERSON warrants that he presently does not have and will not acquire any direct or indirect financial interest which would conflict with his performance of this Agreement. D. Assignment Prohibited. No parry to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. E. Documents. All documents provided to ANDERSON by the City and all reports and supporting data prepared by ANDERSON for the City are the sole property of the City and shall be delivered to the City upon termination of this Agreement or at the City's written request. All confidential reports, information, exhibits and data, including but not limited to electronic data, prepared or assembled by ANDERSON while he serves as City Manager are confidential until released by the City to the public, and ANDERSON shall not make any of these unreleased documents or information available to any individual or organization, other than the City Attorney without prior written consent of the City Council. F. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, and no waiver or relinquishment of any right or power on any given occasion shall be deemed a waiver of relinquishment of that right or power on any subsequent occasions. G. Entire Agreement. The text herein shall constitute the entire Agreement between the parties. H. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. • 5 ~~ • I. Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. J. Attorneys Fees. In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, each party shall bear its own attorneys' fees, expenses, and costs. K. Governing Law. This Agreement shall be governed by the laws of the State of California. L. Interpretation. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. n • In witness whereof, the City has caused this amendment agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and ANDERSON has signed and executed this amendment agreement effective September 1, 2007. DAVID ANDERSON CITY OF SARATOGA David Anderson Date Aileen Kao Mayor ATTEST: Cathleen Boyer City Clerk APPROVED AS TO FORM: Richard S. Taylor City Attorney 6 ~s Date Date mate Attachment A Benefits and Leave Description Saratoga City Manager I. Benefits. A. Benefits Allowance ANDERSON shall receive a monthly Benefits Allowance which may be taken in cash and/or used for health and dental insurance coverage and deterred compensation. The amount of the Benefits Allowance is based upon the enrollment status of ANDERSON in the PERS Health Program and Delta Dental Plan, and shall be equivalent. to 100% of the premium of the health plan and 100% of the premium of the dental plan selected by each employee except for the PERS Care Plan. If ANDERSON enrolls in the PERS Care Plan, the Benefits Allowance shall be equivalent to 100% of the premium amount of the highest premium of the remaining health plans available. If ANDERSON declines to accept coverage in the PERS Health Program, evidenced by signing a waiver form, ANDERSON shall receive a monthly Benefits Allowance of $l 18.75. If ANDERSON declines to accept coverage in the Delta Dental Plan, evidenced by signing a waiver form, ANDERSON shall receive a monthly Benefits Allowance of $25. If ANDERSON works less than full time the monthly benefits allowance will be pro-rated in proportion to the number of hours worked or accrued leave hours paid, unless ANDERSON is on FMLA/CFRA or ]ndustrial Leave. B. Health Insurance The City contracts with the California Public Employees Retirement System for the PERS Health Benefits Program. The types of health plans currently available to City employees include statewide self-insured, fee-for-service health plans (PERS Care and PERS Choice), and health maintenance organizations. ANDERSON may enroll in a PERS plan of his choice; however, some plans require that an employee live in a specific geographic area. In addition to the monthly Benefits Allowance, the City will pay the minimum PERS medical premium of $16 per month on behalf of ANDERSON while he is enrolled in a PERS health plan. • ~9 C. Dentallnsurance The City contracts with Delta Dental for dental insurance. ANDERSON may choose between a dental maintenance organization and preferred provider plan. D. COBRA Upon separation of employment, ANDERSON will be notified in writing of his health and dental care continuation rights. The COBRA group-continuation coverage is provided through federal legislation (the Consolidated Omnibus Budget Reconciliation Act) and allows employees who are enrolled in a group health plan and/or dental and who separate from employment, for reasons other than gross misconduct, to continue their group coverage for 18 months (some employees and/or their family members may be eligible for additional months of coverage). Election for COBRA coverage must be made within 60 days following notification of eligibility. COBRA Health is administered by the individual health plans. The City administers Dental COBRA. E. Deferred Compensation The City provides ANDERSON the opportunity to contribute to an IRS Section 457 deferred compensation plan. ANDERSON may contribute up to the maximum allowed by law. Contributions may come from ANDERSON'S regular earnings through payroll deductions, or from any unused portion of his Benefits Allowance. In addition, the City will match ANDERSON'S contributions to a deferred compensation account up to a maximum of $200 per month. F. Allowances ANDERSON shall receive a $500 monthly car allowance to be used to attend to local City business and shall be entitled to reimbursement of $1,000 per year for dues and meal expenses incurred in the course of participating in Saratoga based civic organizations which require membership as an individual. G. Life Insurance The ANDERSON shall receive life insurance coverage at two times his annual salary, up to a maximum coverage of $150,000. H. Disability Coverage The City provides disability coverage, consisting of Short Term Disability • payments and Long Terns Disability insurance, to provide ANDERSON with 2 80 income protection if he becomes totally or partially disabled from a covered illness, injury, or pregnancy. Short Tenn Disability payments are available to ANDERSON only within the first six months from the date of any qualifying condition. Long Tenn Disability Insurance is available to ANDERSON beginning six months after the, date of any covered condition subject to the provisions of the group insurance plan. Coverage under the group insurance plan continues for all employees until date of separation in which an employee separates from the City service. Short Term Disability Payments -The City will pay 75% of ANDERSON'S full salary and maintain existing insurance benefits, subject to eligibility requirements, if he is on disability leave, for six months from the date of injury/illness. Short Term Disability payments will commence only after 12 continuous working days during which ANDERSON is totally disabled, or when all accrued leave is exhausted, whichever is later. ]f ANDERSON is injured on the job and becomes eligible for Industrial Injury Leave, Short Term Disability payments will commence upon exhaustion of one- half of accrued leave, and will be coordinated with any Workers Compensation benefits paid to ANDERSON. In addition, if ANDERSON is on Industrial Injury Leave he may supplement Workers Compensation/Short Term Disability payments with his remaining accrued leave to realize up to his full salary. Short term disability payments are reported to PERS as salary earned. Long Term Disability Insurance -The City provides Long Term Disability Insurance through a group policy which covers two-thirds of ANDERSON'S salary up to $3,000 per month (i.e., a maximum payment of $2,000 per month). ANDERSON may purchase additional coverage through the group policy, however availability of additional insurance is subject to the group carrier's requirements. In the event he incurs a disability it is incumbent on ANDERSON file for coverage through the group policy as soon as he believes that he may be entitled to receive benefits under the policy. Failure to apply for coverage shall in no way result in the City becoming obligated to make additional payments to ANDERSON beyond any Short Term Disability payments for which ANDERSON is eligible. No disability coverage will be extended to ANDERSON unless he is regularly seen and treated by a physician. Upon making a claim for disability benefits, ANDERSON must provide a medical history statement and a physician's statement of disability. Upon return to work, a doctor's certificate is required which states either that ANDERSON has recovered fully and is able to perform regular work, or the limitations under which ANDERSON may return to modified duty or part-time work. if ANDERSON returns to work on a less than regularly scheduled basis during the first six months of a covered disability, the City will • supplement ANDERSON'S part-time salary with Short Term Disability payments 3 81 in the amount necessary to provide him with full salary, provided however that any such Short Term Disability payments do not exceed 75% of ANDERSON'S regular salary. Payments made through a group policy are not reported to PERS as salary earned. I. Section 125 Plan The City will make available to ANDERSON the option of enrolling in a Section 125 flexible benefits plan (Cafeteria Plan). Under the plan, ANDERSON may deduct from his earnings up to the maximum allowable amounts per calendar year for health care reimbursement and/or dependent care reimbursement. For the health care portion, these deductions allow ANDERSON to use pre-tax dollars to pay for eligible out-of-pocket expenses not covered 100% by insurance and not reimbursable by any other source. For the dependent care portion, ANDERSON (and his spouse, if married) with children may use pre-tax dollars to pay for eligible dependent care expenses for with ANDERSON'S children. Under the plan, ANDERSON also has the option of using pre-tax dollars, through payroll deductions, to pay for required premium contributions to City insurance plans. • J. Long Term Care ANDERSON may purchase long term care insurance through a group benefits program administered by PERS. K. PERS CITY is a contracting agency of the California Public Employees Retirement System (PERS). Since the inception of ANDERSON'S service to CITY, CITY has paid and shall continue to pay ANDERSON'S required contribution in addition to the City's contribution as a contracting employer. The Ciry through its contract with PERS provides for retirement benefits including 2% at 55. The parties agree to discuss in 2009 the financial feasibility of enhancing the City's retirement package with PERS (i.e., moving to 2.5% at 55). The discussion will be limited to (])PERS financial situation and whether it will become superfunded and, therefore, require a smaller contribution from the City; and (2) the City's financial situation and whether the City can afford to fund all or part of an enhanced retirement for employees. The parties will schedule a time for the discussion in 2009 within 60 days after the City receives an actuarial valuation from PERS of the cost of 2.5% at 55 and the discussions will not extend beyond 60 days of that date. 4 82 • II. LEAVE A. Annual Leave Accrual ANDERSON will accrue annual leave at the rate of 32 days (256 hours) per. year. Annual leave is to be used for all time off from work except for other forms of leave set forth below. B. Leave Payout ^ End of calendar year. ANDERSON may be paid each January for his accrued annual leave in excess of 160 hours at the rate of 100%. In all cases, payment for accrued annual leave shall be at ANDERSON'S regular rate of pay as of December 31. ^ Payout at Separation (excluding retirement). Upon separation from City service, ANDERSON'S accrued annual leave will be paid out at the rate of 100% at his regular rate of pay in effect upon the date of separation. • Leave Payout at Retirement. Upon retirement from the City, ANDERSON must use at least half of his accrued annual leave for the purpose of obtaining additional service credit under PERS. He may choose to use all of his accrued annual leave as sick leave for service credit. If he chooses to apply less than 100% of his leave toward PERS service credit, then the remaining accrued annual leave shall be paid out at 100°/~ C. Family Leave The City shall comply with S1:ate and Federal Family Leave Laws and afford ANDERSON all the rights thereof. Family Medical Leave, California Family Rights Act and Pregnancy Disability leave will run concurrent with all applicable use of accrued leave and unpaid leave of absences. D. Disability Leave If ANDERSON is on disability leave he shall only be entitled to accrue annual leave within the six month period after the date of injury/illness, and only if he is using annual leave. Accrual of annual leave shall be at a rate proportional to the amount of annual leave being used by ANDERSON. Upon exhaustion of all annual leave, ANDERSON shall no longer accrue annual leave when he is on either disability leave or industrial injury leave. 5 83 • If ANDERSON is on industrial injury leave he shall be entitled to accrue annual leave at his/her usual rate for six months, then at a rate proportional to the amount of annual leave he is using. All use of annual leave is to be scheduled in advance except in the case of illness or other emergency. On the first day of each absence due to illness, ANDERSON shall notify the Assistant City Manager within 30 minutes of the beginning of the workday, and call in each successive day unless prior notice has been given that a more lengthy absence is expected. In the event that ANDERSON is absent from work due to illness for more than five consecutive work days, ANDERSON must file a written statement from a physician certifying that 1) ANDERSON'S condition prevents him from performing the duties of the position, and 2) ANDERSON is or will be sufficiently recovered from the illness to allow return to work on a specified date. In all cases, the cost for the doctor's visit only (not accompanying medical treatment) as required, not covered by the employee's insurance program, will be paid by the City. E. Holidays The City observes the following paid holidays: (l) New Year's Day (2) Martin Luther King's Birthday (3) President's Day (4) Memorial Day (5) Independence Day (6) Labor Day (7) Columbus Day (8) Veteran's Day (9) Thanksgiving Day (10) Day after Thanksgiving (] 1) Christmas Eve (12) Christmas Day (l3) New Year's Eve January 1 3`d Monday in January 3`d Monday in February Last Monday in May July 4 7 s` Monday in September 2"d Monday in October November 11 4`h Thursday in November Friday after Thanksgiving December 24 December 25 December 31 If a holiday falls on a Saturday, the preceding Friday will be observed. if a holiday falls on a Sunday, the following Monday will be observed. In those years in which one of the Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the weekend and the Monday following the weekend shall be observed as holidays. If a holiday occurs when ANDERSON is using annual leave, the holiday will not be charged against ANDERSON'S annual leave balance. In order to receive holiday pay, ANDERSON must be on the payroll on the last regularly scheduled workday 6 84 preceding the holiday and the fist regularly scheduled work day following the holiday with two exceptions. If ANDERSON is on Disability Leave he shall only be entitled to receive holiday pay within the six month period after the date of injury/illness. If ANDERSON is using annual leave when the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave being used in the pay period in which the holiday occurs. If ANDERSON is receiving Short Term Disability payments in the pay period when the holiday occurs, payment for the holiday shall be at 75% of ANDERSON's regular rate of pay. 2. If ANDERSON is on lndustrial Injury Leave he shall be entitled to receive full holiday pay within the six month period after the date of injury/illness. After six months, holiday pay shall be prorated to the amount of a~mual leave, if any, being used by ANDERSON. F. Jury Duty Leave If ANDERSON is called for jury duty he will continue to receive full pay and benefits for that period of absence. Fees received for jury duty will be deducted from ANDERSON'S gross wages. G. Military Leave If ANDERSON is in a reserve component of the armed forces of the United States he is entitled to temporary military leave not to exceed 180 calendar days during any period of ordered duty for active military training. ANDERSON is entitled to receive full salary and benefits during the first 30 calendar days of such temporary military leave, in addition to whatever pay is received from the federal government for training. Pay for such purposes shall not exceed 30 days in any one fiscal year. H. Industrial Injury Leave This is leave for an on-the-job injury or illness. Beginning on the date of injuryJillness, the City shall pay ANDERSON'S full salary for up to the first three consecutive workdays of any absence due to any one injury or illness. In the event that such leave exceeds three consecutive workdays, ANDERSON shall be entitled to Workers Compensation benefits as prescribed by law. Monies paid through a third party administrator are not reported to PERS as salary earned. In addition, ANDERSON may use annual leave to supplement Workers Compensation benefits up to his full salary. If ANDERSON is on Industrial Injury Leave he will continue to receive full City paid insw-ance benefits (medical, dental, life, and long terns disability) for up to 12 months from the date of injury/illness. 7 85 In the event that ANDERSON suffers an injury or illness on the job, whether or not medical treatment is necessary, he must advise the Assistant City Manager at once and fill out an employee claim form. Anderson must also indicate any time off taken due to an on-the-job injury or illness, or for related follow-up medical appointments. Upon return to work from an Industrial Injury Leave, ANDERSON shall provide a written statement from a doctor to the City Council stating that a specified number of appointments are necessary for Workers Compensation approved treatment. This shall occur before the scheduling of treatment begins. ANDERSON shall be expected to the extent possible to schedule appointments for follow-up medical treatments so as to minimize the inconvenience to fellow employees and the impact on his ability to perform his job. I. Maternity Leave Anderson may request up to one hundred twenty (120) calendar days leave of for the purpose of postnatal care. All requests for Maternity Leave must be written and shall be made to the City Council at least one month prior to the requested date for the beginning of the absence. A physician shall verify the pregnancy at the City's request. Anderson may elect to use annual leave during Maternity Leave. Upon return from Maternity Leave, ANDERSON will be reinstated to the position held at the time the leave was granted. While on Maternity Leave ANDERSON will continue to receive full City paid insurance benefits (medical, dental, life, and long term disability) for the duration of Maternity Leave up to 120 days. J. Administrative Leave CITY shall grant ANDERSON, on a fiscal year basis, sixty-five (65) hours of administrative leave. Such leave shall be taken in a manner consistent with the use of general leave. K. Leave Without Pay It is not the policy of the City to grant leaves of absence under most circumstances. In cases of hardship or for other good and sufficient reasons, the City Council may grant leaves of absence upon written request by ANDERSON, for a period up to 90 days. ANDERSON will not acc»e any annual leave while on leave without pay and the leave period will be considered as discontinuous service. During the time ANDERSON is on leave without pay, the City may 8 86 discontinue paying for insurance benefits on behalf of ANDERSON, although the employee shall have the option to continue benefits at his/her own cost. n 8~ SARATOGA CITY COUNCIL MEETING DATE: September 5, 2007 AGENDA ITEM: 6 ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell, DEPT HEAD: Dave Anderson Assistant City Manager Monica LaBossiere, Human Resources Manager SUBJECT: Side Letter of Agreement between the City of Saratoga and the Saratoga Employees Association (SEA) RECOMMENDED ACTION(S): Adopt the resolution approving the Side Letter of Agreement between the City and the Saratoga Employees Association (SEA). i REPORT SUMMARY: At its August 1, 2007 meeting, the City Council approved a new Memorandum of Understanding (MOU) between the City and SEA. In addition, the City Council agreed to consider a Side Letter of Agreement between the City and SEA, concerning the Grievance Policy contained in the SEA MOU. The City is currently negotiating a new MOU with the Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board and Their Affiliated Local Unions (Union). If the City and Union negotiate a Grievance Policy that is different than the one included in the SEA MOU, the attached Side Letter of Agreement provides for a reopening of negotiations between the City and SEA for the purpose of giving SEA an opportunity to review the City's grievance policy with the Union and, if it is preferable to SEA's members, to meet and discuss revising the MOU to include the new grievance policy language. FISCAL IMPACTS: N(A ALTERNATIVE ACTION(S): Choose not to accept the Side Letter of Agreement. 88 FOLLOW UP ACTION(S): Staff will execute the Side Letter of Agreement and implement its elements. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Resolution to adopt the Side Letter of Agreement between the City and SEA • Side Letter of Agreement between the City and SEA 89 RESOLU'T'ION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE SARATOGA EMPLOYEES ASSOCIATION (SEA) AND THE CI'CY OF SARATOGA (CITY) WHEREAS, the City of Saratoga, through its designated representatives and pursuant to State law, has met and conferred with the organized representative organization, the Saratoga Employees Association (SEA), concerning proposals for modifications and changes to salaries, benefits and other matters; and WHEREAS, the representatives of the City and SEA have reached an understanding regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007, through September 30, 201 1, for employees represented by SEA; and WHEREAS, the members of SEA have ratified the MOU and the City Council approved the MOU on August 1, 2007; and WHEREAS, representatives of the City and the Northern California Carpenters Regional Council, Carpenters Foriy Six Counties Conference Board and Their Affiliated Local Unions (UNION) are currently in negotiations for a new MOU; and WHEREAS, the representatives of the City and SEA have agreed to enter into a Side Letter of Agreement to the SEA MOU providing for a reopener only on the Grievance Policy contained in the MOU, should the City approve a different Grievance Policy in its MOU with the UNION than is included in the SEA MOIJ. NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Side Letter of Agreement, dated the 5th of September, 2007, is hereby approved. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of Saratoga held on the 5th of September 2007, by the following vote: AYES: NOES: ABSENT: ATTEST: Cathleen Boyer, CITY CLERK Aileen Kao, MAYOR 90 SARATOGA CITY COUNCIL MEETING DATE: September 5, 2007 AGENDA ITEM: 7 ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell, DEPT HEAD: Dave Anderson Assistant City Manager Monica LaBossiere, Human Resources Manager SUBJECT: Memorandum of Understanding with the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals (Union) RECOMMENDED ACTION(S): Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007 through September 30, 201 ] ,and authorize the City Manager to execute the MOU. REPORT SUMMARY: The Assistant City Manager and Human Resources Manager negotiated on behalf of the City with the Union. Through a series of meetings and with direction from the City Council, the City and Union have agreed to the following significant MOU changes: Term: • This four year agreement pertains to the period July 1, 2007 through September 30, 2011. In the past, agreements have ended on June 30`h. This necessitates entering into negotiations during the April to August timeframe, which also coincides with budget preparation, employee evaluations and other pre-summer recess priorities. ]n light of these considerations, both parties felt a September end date would be preferable in order to expedite agreement. Compensation Adjustments: • In FY 2007/08, each represented employee will receive a three percent (3%) cost of living increase, retroactive to July 1, 2007. In subsequent years of the agreement, the cost of living increase will be no less than one percent (] %) nor more than two and one half percent (2.5%), payable on July 1 s' of each year. 91 • The City has agreed to transition from a "Pay for Performance" System to a "Step System". Under the Step System, each City classification will have a salary range with atwenty-five percent (25%) distribution between the lowest and highest salaries in the range. This 25% distribution is composed of five - live percent "steps". On an annual basis, if an employee receives, at minimum, a cumulative score of three (3) on their performance evaluation, they are eligible to advance one step in their salary range, until they reach the top of their salary range, at which point they no longer receive annual salary increases. In FY 2007/08 salary increases will be implemented effective July 1, 2007. • Performance Incentive Compensation (received after an employee remains at the top of hislher salary range for 5 consecutive years and then again at 10 years) will remain at five percent (5%). In order to receive Performance Incentive Compensation, an employee must receive, at minimum, a cumulative score of three (3) on that year's performance evaluation. Other Provisions: • A scheduled rc-opener in 2009 has been included in the MOU in order to evaluate the economic feasibility of funding a revision in the employee retirement benefit based upon an analysis of Ca1PERS rates and the City's revenue and expenditure forecasts. • The current 9/80 schedule will continue through September 30, 20] 1. • The Union has agreed to ratify the City's proposed Grievance Policy. • The Union has also agreed to ratify the City's proposed Alcohol and Drug Use Policy with the proviso that if the employee requests an evidentiary appeal to the City Manager, the evidentiary appeal will be conducted by a neutral, third party arbitrator who will make a nonbinding recommendation to the City Manager with respect to discipline. • The Union has also agreed that matters regarding discipline remain with the City Manager, unless the City fails to follow its adopted Discipline Policy, in which case the Union may pursue filing a grievance through the Arbitration and Grievance Procedure included in the MOU. • The Union has requested the inclusion in the MOU of some additional policies that are included in the City's Personnel Rules and Policies, together with the State of California Government Code Section pertaining to collective bargaining. This accounts for the larger number of pages in the MOU with the Union than were included in the MOU's with either the Saratoga Employees Association or the Saratoga Management Association. The inclusion of these policies and Government Code section are for clarification only and do not impose additional obligations on the City. FISCAL IMPACTS: A three percent (3%) cost of living increase for Union members will have an approximate fiscal impact of $30,600. The fiscal impact of the five percent (5%) salary increase for eligible Union employees will be calculated based upon current salary level. The cost of living and salary increases will not exceed the amount budgeted and approved in the 2007/08 budget. ALTERNATIVE ACTION(S): Choose not to accept the agreement and direct City staff to continue negotiations with new direction. 92 FOLLOW UP ACTION(S): Staff will execute the memorandum of understanding and implement its elements. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Resolution to adopt the Memorandum of Understanding between the City and Union • Copy of Memorandum of Understanding between the City and Union for the period July 1, 2007 through September 30, 2011 93 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED LOCALS (UNION) INTO A MEMORANDUM OF UNDERSTANDING WITH A TERM OF JULY 1, 2007 THROUGH SEPTEMBER 30, 2011 WHEREAS, the City of Saratoga, through its designated representatives and pursuant to State law, has met and conferred with the organized representative organization, the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals (Union), concerning proposals for modifications and changes to salaries, benefits and other matters; and WHEREAS, the representatives of the City and Union have reached an understanding regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007, through September 30, 20] ] ,for employees represented by Union; and WHEREAS, this resolution replaces various Resolutions of the City of Saratoga. This resolution is an expression of existing policy of the City of Saratoga and is subject to modification and change by the City Council from time to time. Nothing herein contained shall be construed as creating or establishing <my of the provisions hereof as terms of any contract of employment extending beyond a period other than such period as during the resolution is in full force and effect. That is to say, that any employee of the City of Saratoga during the effective period of the resolution shall have such employment rights and duties as set forth herein only during such period of time as this resolution remains in effect, and not afterward. NOW, THEREFORE, BE I'll' RESOLVED that the terms and conditions of the Memorandum of Understanding, dated the 1st of July, 2007, is hereby approved. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of Saratoga held on the 5th of September, 2007, by the following vote: AYES: NOES: ABSENT: ATTEST: Aileen Kao, MAYOR Cathleen Boyer, CITY CLERK sa AGREEMENT BETWEEN THE CI9'Y OP SARATOGA AND UNION CITY OF SARATOGA MEMORANDUM OF UNDERSTANDING FOR WAGES, EMPLOYEE BENEFITS AND CONDITIONS OF EMPLOYMENT I. INTRODUCTION This Memorandum of Understanding (MOU), or "AGREEMENT", dated September 5, 2007, is between the City of Saratoga through its designated representatives, hereinafter referred to as "CITY" and the Northern California Carpenters Regional Council, Carpenters Foriy Six Counties Conference Board and Their Affiliated Local Unions, hereinafter referred to as "UNION." This MOU complies with the provisions of the Meyers-Milias-Brown Act, as contained in Section 3500, et seq., of the Government Codc of the State of California in that the employer- employee representatives noted herein did meet in good faith and did reach an understanding on those matters within the scope of representation. This MOU also complies with Resolution No. 509-2 relating to employer-employee relations, and Resolution No. 489-2, establishing the procedure for meeting and conferring with recognized employee organizations. i II. GENERAL CONDITIONS A. Tota] Agreement -This Agreement sets forth the full and entire understanding of the parties for the period beginning July ], 2007, and continuing through September 30, 2011. This Agreement shall remain in effect until a new Agreement is signed by both parties. This Agreement supersedes any prior understandings, representations, agreements or promises of any kind, whether written, oral, express, or implied between the parties (including all prior Memoranda of Understanding) with respect to the subject matter of the Agreement. No verbal statement or other amendments, except an amendment mutually agreed upon between the parties and in writing attached to this Agreement designated as an amendment to this Agreement, shall supersede or vary the provisions in this Agreement. If any provision of this Agreement is adjudged to be void or unenforceable, the remainder of the Agreement shall nevertheless remain in effect. Except as specifically provided in this Agreement, it is agreed and understood that the UNION waives its right, and agrees that the CITY shall not be required, to negotiate with respect to any subject or matter covered in this Agreement or with respect to any other matters within the scope of negotiations, during the term of this Agreement. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 95 AGREEMENT BETWEEN THE CITY OP SARATOGA AND UNION B. City Council Approval -City Council approval of the terms of this MOU is incorporated in Resolution No. _ adopted on September 5, 2007. C. Validity of Memorandum -Should any article, section, or portion of this Agreement be held unlawful and unenforceable b}' any court of competent jurisdiction, the court's decision shall only apply to the specific article, section, or portion of this Agreement directly specified in the decision, and the remainder of this Agreement shall not be affected by the decision. D. CITY Rights -The CITY reserves, retains, and is vested with any management rights not expressly granted to the UNION by this Agreement. These CITY rights include but are not limited to the right to: Determine and modify the organization of CITY government and its constituent work units; 2. Determine the nature, standard, levels, and mode of delivery of CITY services; 3. Determine the methods, means, number, and kind of personnel by which CITY services are provided; 4. Determine the procedures and standards for selection for employment and promotions; 5. Establish employee performance standards including, but not limited to, quality standards, and to require compliance with those standards; 6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline workers in accordance with applicable laws, the Personnel Ordinance and the Personnel Rules and Policies; and 7. Relieve employees from duty because of lack of work or lack of funds, or for inability to perform the job as required, subject to the Personnel Rules and Policies. E. Meyers-Milian-Brown Act (MMBA) -Nothing in this Article shall relieve the CITY of its obligation to meet and confer on the impact of the exercise of those rights, which are mandatory subjects of bargaining under the Meyers-Milian-Brown Act. The MMBA is attached to this agreement for reference and its terms incorporated by reference herein. See Exhibit B for the MMBA. III. SALARY ADMINISTRATION A. Salary Ranges -Salary data for each position represented by UNION is periodically collected from the following list of comparable cities: Los Altos Menlo Park San Carlos Cupertino 1~ Los Gatos Morgan Hill w Campbell 2 96 AGREEMENT BETWEEN THE CITY OF SARA'I'OGA AND UNION The CITY will be adjusting the salary ranges administratively effective July 1, 2008 as a result of the fiscal year 2007-08 compensation study and administratively every two years thereafter according to salary survey compensation data, ensuring that the CITY pays the average of its comparable cities. The CITY classifies all miscellaneous positions according to duties and responsibilities, and a salary range is established for each job classification. Adjustments to Salary Range as the result of a Salary Survey and Anniversary Date - Any salary range adjustments for a classification implemented by the CITY will not establish a new salary anniversary date for employees serving in that classification. Adiustments to Salary Range as the result of a Salary Survey and Retention of Step - Whenever the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range. See Exhibit A for fiscal year'L007-08 range table. B. 5-Step Salary Plan and Cost of Living justment -For fiscal year 2007-08, salary increases will be retroactive to July 1, 2007. Cost of Livin~~ Adjustment -For fiscal year 2007-08, each UNION member shall receive a cost-of-living adjustment of three percent (3%), retroactive to July I, 2007. For each subsequent year of this MOU, each UNION member shall receive an annual cost-of- living adjustment of no less than one percent (1.0%) and no greater than two and one-half percent (2.5%). If the United States Bureau of Labor and Statistics Average Consumer Price ]ndex for "All Urban Consumers (CPI-U)" for the months of December to December for the "San Francisco-Oakland-San Jose" region falls below one percent (1.0%), each UNION member shall nevertheless receive a minimum one percent (1.0%) cost-of-living adjustment; if the above Index increases above two and one-half (2.5%), each UNION member shall nevertheless receive a maximum two and one-half (2.5%) cost-of-living adjustment. Base Salary -Employees occupying a position in a classification covered by this MOU shall be paid a base salary within the range established for that position's classification. Placement Within Range -The CITY will determine salary placement consistent with the Personnel Rules and Policies. Progression Within Rani -Salary advancement within an established salary range is customarily considered at one I;1) year intervals. Each employee who is employed afrer July 1, 2006 will be eligible to receive a salary increase to the next higher step within the range of their assigned classification upon the individual employee's original employment anniversary date (established anniversary date). 3 97 AGREEMENT BETWEEN THE CITY OP SARATOGA AND UNION Each employee who was hired on or prior to Jul~l, 2006 will be eligible to receive a salary increase to the next higher step within the range of their assigned classification upon July 1 of each year, (as a result of the CITY moving from a broad range pay-for-performance system to a step system effective July 1, 2007). July ] of each year will be the established anniversary date for each employee who was hired on or prior to July 1, 2006. Eligibility for Progression within Range -All regular employees will be evaluated on an annual basis and will be eligible to advance in their salary range based on annual performance evaluation results. No increase in salary shall be automatic solely upon completion of a specified period of service. All increases shall be contingent upon a satisfactory annual evaluation of the employee's performance, and shall require recommendation of the Department Head. In the case that an employee receives a cumulative rating of less than three (3) points on the annual performance evaluation, indicating a cumulative rating less than "meets expectations", the employee will not receive a salary increase other than an approved and budgeted cost-of- living increase. An employee who is denied an increase in salary may discuss such denial with his/her Department head and the City Manager (or his/her designee). The decision of the City Manager (or his/her designee) shall be final. An employee who has received a cumulative rating of three (3) points or greater during the annual employee performance evaluation will be eligible to receive a salary increase of five percent (5%) (1 step) above their existing salary as of the employee's established anniversary date, until such time as the employee reaches the top of his/her salary range, at which time the employee shall not advance beyond the top of the established range, except as provided for in Article III. SALARY ADMINISTRATION, Section D. Performance Incentive Compensation. Promotion -Promotion is the movement of an employee from one classification to another classification having a higher salary range. At the time an employee is promoted, his or her salary shall be adjusted as follows: If the first step in the salary range for the employee's new position is at least five percent (5%) greater than the employee's current salary range, the employee shall be moved to the first step of the new salary range. If the first step in the salary range for the employee's new position is less than five percent (5%) greater than the employee's current salary range, the employee shall be moved to the step which would provide, at minimum, a five percent (5%) increase in salary. If no step in the salary range for the new position would provide the employee with at least a five percent (5%) salary adjusUneut, the employee shall be moved to the top step of the new salary range. NOTE: ]f an employee is promoted on their anniversary date, the employee shall first receive a salary increase to the next higher step within their existing salary range, followed by a promotional salary adjustment as described in this section. 4 98 AGREEMENT' BETWEEN THE CITY OP SAR.AT-OGA AND UNION • All promotional appointments shall be subject to a probationary period of one year. During probation a supervisor may evaluate an employee every three months. At six months, a written evaluation will be prepared. Upon completion of the twelve-month probationary period, a second written evaluation will be prepared. At the completion of a successful probationary period, the employee shall be granted regular employment status and may advance in his/her salary range. as part of the citywide annual evaluation process. If it is determined through employee performance evaluation that an employee subject to a promotional appointment does not pass probation, the probationary employee shall be reinstated to the position from which he or she was promoted provided that position is vacant and funded. If no vacancy exists, the employee may ask to be placed on a re- employmentlist. C. Working Out of Classification, -Employees represented by UNION who are assigned by a Department Head or the Ciry Manager for more than fifteen (15) consecutive working days in a calendar year to perform the essential functions of a position with a higher salary range than they are regularly assigned shall receive increased compensation of at least five percent (5%) higher than their regular compensation. Out of Classification assignments are temporary and shall continue as authorized by a Department Head or City Manager, but not exceed one year. Upon completion of an out of classification assignment, an employee will return to his/her regular job classification, salary range, and step. D. Performance Incentive Comnensation -Employees represented by UNION who have remained at the top step of the same salary range for five (5) years may be eligible for an additional step increase of five percent (5%) following receipt of a cumulative rating of three (3) points or greater during the annual employee performance evaluation. Five (5) years after meeting the criteria for the initial performance incentive compensation described above, a qualified employee -that is an employee who has remained at five percent (5%) above the top step of his/her same salary range -- may be eligible for an additional salary increase of five percent (5%) following receipt of a cumulative rating of three (3) points or greater during the annual employee performance evaluation. E. Annual Performance Review (APR) Process - The C]TY administers an Annual Performance Review (APR) Process. The APR includes a Self Evaluation prepared by the employee and a Performance Evaluation prepared by the employee's supervisor/manager. Ratings on the Performance Evaluation are tied to the following numerical scores: Score Rating Descrintion 1 Unsatisfactory 2 Below Expectations 3 Meets Expectations 4 Exceeds Expectations 5 Outstanding 5 99 AGREEMENT BETWEEN THE CITY OP SARAI'OGA AND UNION The employee is rated on his/her performance in up to eight (8) categories: Customer Service Ability to Work Well with Others Quality of Work Accountability Initiative Communication Skills Flexibility Supervision - if applicable The employee receives a composite score based upon individual ratings received under each category. IV. PROBATIONARY EMPLOYEE AND REGULAR EMPLOYEE Probationary Employee - An employee who is serving a probationary period. The probationary period is part of the selection process. Unless otherwise authorized by the City Manager, probation is a twelve (12) month trial period during which a determination is made as to whether or not an employee is suitable for their position. Anew employee serves "at will" and can be dismissed with or without cause by the CITY for any legal reason during the probationary period. ~aration Without Cause - At any time during the probationary period, the employment relationship may be terminated without cause and without right of appeal, grievance or hearing. The City Manager or designee must approve the termination. The probationary employee shall be notified prior to the expiration of the probationary period that he or she has been rejected for regular appointment. Re ule ar Appointment Requires Passine Probationary Performance Review - An employee will receive a regular appointment only when he/she receives a "meets expectations" or above rating on his/her written probationary performance review, resulting in the passing of the probationary period. If the employee does not meet the expectations for the probationary period, he/she will be rejected for regular appointment. Regular Employee - An employee who: (1) is regularly scheduled to work on a continuing basis, and (2) has completed the probationary period for the position he or she holds, and (3) holds a budgeted position. V. LAYOFF A. Policy - It is the CITY's intent to avoid employee Layoffs whenever possible. When, however, in the CITY's judgment it is necessary to abolish a position of employment, the employee holding the position may be laid off or demoted without disciplinary action and without the right of appeal. When feasible and practicable, the CITY will meet with employees of the affected classification in order to determine whether or not a voluntary reduction in hours or other solution may be presented in order to avoid the pending layoff. B. Notice -Whenever possible, an employee subject to layoff will be given at least l4 calendar days' notice prior to the effective date of the layoff. Layoff notification will be 6 100 AGREEMENT BETWEGN THE CITY OE SARATOGA AND UNION provided in the form of a "Notice of Layoff." At the time of notice, the employee will also be notified of any displacement rights or rights to reemployment, as described below. C. Order of Layoff -Employees shall be ]aid off in the following order. (1) temporary employees, (2) part-time employees, (3) probationary employees, (4) regular employees. All employees shall be laid off in the inverse order of their seniority within their classification. Seniority is determined by length of service. "Length of service" means employment without interruption, including all days of attendance at work and authorized leaves of absence. Length of service does not include unauthorized absences or periods of suspension or layoff. In cases where two or more employees in the classification have the same seniority determination, the following procedure will be used: Employees shall be ]aid off on the basis of the last evaluation rating in the classification, provided that such information has been on file at ]east 30 days and no more than 12 months prior to lay off. In such a case, employees shall be laid off in the following order: (l) employees with an "unsatisfactory" or "below expectations" or similar performance numerical rating, (2) employees having a "meets expectations" or similar performance numerical rating, (3) employees with an "exceeds expectations" or outstanding" or similar performance numerical rating. D. Demotion -Upon request of the employee and with approval of the appointing authority, an employee subject to layoff who has not held status in a lower classification may be allowed to demote to a vacant, authorized position in the same department if he/she meets all the requirements of the lower position as determined by the appointing authority. All employees who are demoted under this paragraph will be paid at the rate of pay for the lower position. E. Transfer -The appointing authority may transfer an employee subject to layoff to a vacant, authorized position if the employee is qualified and capable of performing the essential functions of the position as determined by the appointing authority. An employee who is transferred will be paid at the rate of the position to which he or she is transferred. Any employee who does not accept a transfer within 5 working days after a Notice of Transfer is given will have automatically forfeited the ability to transfer. If the transfer involves a change from one department to another, both department directors must consent unless the City Manager orders the transfer for purposes of economy or efficiency. F. Re-employment -Regular employees who have received a satisfactory or better evaluation for the 12 months prior to lay off and have completed their probationary period at the time of the lay off, shall be automatically placed on a re-employment list for one year for the classification iiom which they were laid off. This list will be used when a vacancy arises in the same or a lower class of position. Re-employment shall be based on seniority should more than one person in the same classification be laid off from the same department. :Employees who are offered and refuse re-employment will be removed from the re-employment list. Employees re-employed in a lower class, or on a temporary basis, will continue to remain on the list for the higher position for one 7 101 AGREEMENT BETWEEN THE CITY OP SARATOGA ANU UNION year. G. Insurance Benefits Upon Layoff -The CITY will extend medical insurance benefits for two months to an employee who has been laid off. During this two-month period, the CITY will continue to pay the previously established contribution for the employee's medical insurance premium. H. Paid Time Off (PTO) -Upon separation from the CITY service, the CITY agrees to pay 100% of the employee's accnaed PTO at the employee's regular rate of pay at the time of separation. VI. WORKING CONDITIONS The CITY will continue to operal:e on a 9/80 work schedule to be determined by the City Manager and Directors where afull-time work week constitutes forty (40) hours within seven consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours. Employees on a 9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day off every two weeks. An employee's workweek begins in the middle of the employee's 8 hour day and the employee's day off is on the same day of the week in the following week. For example, the standard 9/80 work schedule for most UNION members is as follows: Sunda Monda Tuesda Wednesda Thursda Frida Saturda 4 end off 9 9 9 9 4 off start off (end off 9 9 9 9 off off start 4 (end off 9 9 9 9 4 off (start off end off 9 9 9 9 off off (star[) The City Manager and Directors have discretion to require some employees to work a schedule different from the standard 9/80 schedule including a schedule that is not 9/80. Fridays when the CITY is not open for business are referenced as "off-Fridays." The work period (pay period) is the period encompassing two consecutive workweeks. A holiday furlough will exist whereby the CITY operations are closed from December 24 through January l of every year. Employees shall utilize their available balances (annual 8 toe AGREEMENT BETWEEN THE CITY OP SARATOGA AND UNION leave, compensatory time), if applicable. Employees that utilize unpaid leave due to insufficient leave balance shall maintain regular benefit status. VII. OVERTIME FAIR LABOR STANDARDS ACT AND OVERTIME Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the following way: 1) Overtime for all eligible UN10N members shall be defined as any time worked beyond the standard workday or beyond the standard work week as described above. The 9/80 work schedule may not be used in any application that requires entitlement to FLSA overtime as the CITY and UNION agree to the 9/80 work schedule; 2) Overtime compensation shall be computed at one-and-a-half times the employee's regular rate of pay for hours worked in excess of 9 hours in one day or for time worked over 40 hours in one workweek and two times the employee's regular rate of pay for hours worked in excess of 13 hours in one day or 60 hours in one work week; 3) CITY agrees to include paid leave time taken as time worked for purposes of calculating eligibility for overtime pay for all regular non-exempt positions in the CITY service; 4) All overtime is to be approved in advance and in writing by the Department head and accepted in writing by the employee. This written confirmation is to be turned in with the employee's time sheet for each pay period. COMPENSATORY TIME OFF IN-LIEU OF OVERTIME Supervisor Approval Required Before Work - An employee may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior to overtime work being performed. Employees must use CTO within 180 days of accrual unless otherwise approved by a Department head. Accrual Rate - CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee's work week. Employee Requests to Use CTO -The CITY will grant an employee's request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee makes the request no later than five days prior to the date requested. If the employee does not provide five days' notice, or if the department cannot accommodate the time off, the CITY will provide the employee the opportunity to cash out the CTO requested at the end of the current pay period. CITY Cash Out -The CITY reserves the right to cash out accumulated CTO at any time. Employee Cash Out -During employment, CTO is cashed out at the employee's current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from CITY service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three years, whichever is higher. 9 103 AGRHBMGNT BLTW EEN THL CITY OF SARATOGA ANU UNION VIII. CALL OUT PAY Non-exempt employees who are called out to perform work of an emergency nature after the regularly scheduled workday, are compensated at their regular rate of pay for a minimum three hours for each occurrence at one and one-half times (1.5) the employee's regular hourly rate of pay. Employees will be compensated from the time they leave their residence until their direct return home after being released from the assignment. A second callout while responding to the first does not restart the clock. IX. STANDBY PAY Non-exempt employees and Maintenance Supervisors may be assigned to standby duty as determined by the City Manager or Department Head. Anticipated events or seasons that would trigger standby duty include storms/storm season or the period of holiday work furlough. Employees assigned to standby duty must report for duty within one hour of notification and be able to perform the duties as assigned. Employees assigned to standby duty will be issued a CITY cell phone and must respond with a telephone call. Employees are compensated $ 37.50 for each weeknight, defined as from the end of the work day's shift to the beginning of the next day's shift, and $75.00/day for each weekend, defined as the end of the workday Thursday or Friday to the beginning of the next workday (off-Friday, Saturday, Sunday), or holiday assigned to standby status. X. MEAL REIMBURSEMENT The CITY will provide a meal or reimburse the cost of a meal up to $10.00 for each employee who is required to work extended overtime or who is required to work on extended emergency call out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive hours during a scheduled workday or if the employee works in excess of four (4) hours during an emergency call out. Two meals will be provided if work is required in excess of eight (8) hours during an emergency call out. XI. PRODUCTIVITY/GOALS Employees and Management agree to cooperate and assist in improving productivity through assistance in developing: A. Amore positive work environment. B. Innovative techniques for improving operational activities. C. Increased accw-acy. D. Methods to maximize time usage. E. More effective communication with the public and other departments. ]0 toa AGREEMENT Br:TWEEN THE CI'I~Y OP SARATOGA AND UNION XII. EMPLOYEE BENEFITS The CITY currently offers the benefits listed below. For a detailed description of these benefits, employees should refer to the brochures distributed by the individual plan providers. Discretionary Benefits -All regular CITY employees who are scheduled to work at least 40 hours per week are eligible for the following benefits. The CITY's contribution for regular part-time employees and full-time employees working less than 40 hours per week will be prorated in proportion to the number of hours worked or accrued leave hours paid. A. Health and Dental Premium Contributions and In-Lieu Payments -The CITY contributes 100% of the medical premium for regular, full-time employees who elect either the Kaiser, Blue Shield, or PERS Choice plans. Each plan includes eligibility for employee only, employee & 1 dependent, and employee & 2+ dependents. For employees who elect to enroll in the PERS Care Plan, the CITY will contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, depending on the plan choice (i.e. employee only, employee & 1 dependent, or employee & 2+ dependents). The CITY contributes 100% of the dental premium for regular, full-time employees. Any employee who declines to accept coverage in the PERS Health Program, evidenced by signing a waiver form, shall receive a monthly Benefits Allowance of $118.75. Any employee who declines to accept coverage in the Delta Dental Plan, evidenced by signing a waiver form, shall receive a monthly Benefits Allowance of $25.00. The monthly Benefits Allowance for regular part-time employees and full time employees working less than full time will be pro-rated in proportion to the number of hours worked or accrued leave hours paid. B. Health Insurance -The CITY contracts with the California Public Employees Retirement System for the PERS health benefits program which includes Kaiser and $lue Shield Health Management Organizations and preferred provider basic health plans, PERS Choice and PERS Care. Employees may enroll in the plan of their choice; however, some plans require that an employee live within a specific geographic area. The effective date of health coverage is the first day of the month following the employee's date of hire. The health premium is a percentage of the premium paid by the employee. Effective Ju]y 1, 2006, the CITY pays 100% of the premium, unless otherwise negotiated by individual bargaining units. Health in-lieu payments are made to employees who do not elect health insurance. For employees who elect to enroll in the PERS Care plan, the CITY will contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, dependent on the plan choice (i.e. employee only, employee &1 dependent, or employee & 2+ dependents). 105 AGREEMENT BETWEEN 7 HE CITY Or SARATOGA AND UNION If an employee and spouse are both CITY employees, only one employee is allowed to carry health coverage. One employee may choose to enroll in family coverage and the other employee must waive their health plan coverage and be enrolled as a dependent. The health in-lieu payment is not an option for married couples or domestic partners (pursuant to Family Code sections 297, et seq.) employed with the CITY. C. Dental Insurance -The CITY contracts with Delta Dental, a preferred provider plan, and Delta Care, a management organization plan. The dental premiums are 100% paid by the CITY. Dental in-lieu payments are made to employees who do not elect dental insurance coverage. The effective date of dental coverage is the first day of the month following the employee's date of hire. The dental in-lieu payment is not an option for married couples or domestic partners employed with the CITY. D. Deferred Compensation (457 Plan -The CITY provides employees the opportunity to contribute toward an IRS Section 457 deferred compensation plan. Employees may contribute an amount up to a federally mandated maximum per calendar year on a pre-tax basis. E. Retirement Plan -The CITY is a contracting agency of the California Public Employees Retirement System (PERS). Regular employees become members immediately upon employment and become vested after five (5) years of service. The CITY pays the emp1oyee's required contribution (7% of employee's compensation) in addition to the CITY's contribution as a contracting employer. The CITY, through its contract with PERS, provides for retirement benefits including 2% at 55 (effective September 1, 1999), one year final compensation, service credit at retirement for unused annual leave, 1959 survivor benefits (Level 3) if death occurs prior to retirement and after retirement, continuance of benefits to employee's survivor. This information is outlined in detail in the booklet "PERS Benefits for Local Miscellaneous Members". In addition, employees may be eligible to purchase additional years of service credit under specific circumstances listed under the' CITY's PERS contract. On an annual basis, the CITY will provide UNION members a list of benefits included in the PERS contract. Employees represented by UNION participate in a "Retired Employees Medical Expense Reimbursement Program" funded through a monthly deduction from each employee's paycheck in an amount equal to five percent (5%) of the employee's health insurance premium. Through the program, the CITY, from the proceeds of the employees' payroll deductions, reimburses medical expenses of retired employees represented by UNION, with at ]east twenty years of service to the CITY, a maximwn $200.00 monthly until the retired employee is eligible for Medi-Care. Employees must comply with CITY procedures and . submit proof of expenses to receive reimbursement. ]f an employee has not worked full- time for at least ten of the twenty years of service, the $200.00 maximum medical 12 106 AGREEM FNT BE"f1NB1iN THE CIT1' OF SARATOGA AND UNION reimbursement will be pro-rated based on the employee's full time equivalency in the last ten years of service. F. Short Term Disability ]nsurance -The CITY will pay 75% of an employee's full salary and maintain existing insurance benefits, subject to eligibility requirements, for an employee on a disability leave, for six months from the date of the qualifying injury or illness. Short term disability payments will commence only after 12 continuous working days during which the employee is totally disabled, or when all accrued paid time off is exhausted, whichever is later. Short term disability payments are reported to PERS as salary earned. An employee on disability leave is entitled to accrue paid time off within the six (6) month period after the date of injury or illness and the accrual of paid time off shall be prorated based on the number of hours of paid time off that is being utilized by the employee. Upon exhaustion of all PTO, an employee on short term disability leave shall no longer accrue paid time off. In other words, while an employee is receiving the short-term disability payment of 75% of an employee's full salary, the employee will not accrue paid time off. G. Long Term Disability Insurance -The CITY provides a long term disability plan to provide an employee with income protection. The CITY will pay 75% of an employee's full salary and maintain existing employee benefits for the first six (6) months. Following the six (6) months, the group insurance policy will cover 66% of the employee's salary up to a maximum of $2,000 per month. If the disability is job related, the CITY will maintain existing employee benefits for twelve (l2) months. Benefits will be reduced for income received through social security, workers' compensation and/or California State Disability Insurance (SDI). Payments made to the disabled employee through this group policy are not reported to PERS as salary earned. Employees whose salaries exceed $3,000 monthly are eligible to purchase additional long term disability insurance; however, availability of the plan is subject to the carrier's minimum requirement of ten (10) enrollees. H. Life Insurance and Accidental Death ]nsurance -The CITY provides for $Sb,000 of life and accidental death and dismemberment insurance for all non-management and $100,000 of life and accidental death and dismemberment insurance for mid-management employees. UNION members designated mid-management include: Street Maintenance Supervisor and Park Maintenance Supervisor. Coverage shall begin on the first day of the month following date of hire and ends on the date of separation. Employees may purchase additional life insurance for themselves and/or their dependents; however, availability of additional insurance is subject to the group carrier's requirements. I. Employee Assistance Proeram -Counseling services are available to employees and their immediate family. Programs include personal financial mauagement, stress management; marital and related domestic issues, drug or alcohol dependency, and other personal and work related issues. • 13 107 AGREEMENT BETWEEN THE CITY OE SARATOGA AND UNION J. Flexible Medical Spending Plan -Under Section 125 of the Internal Revenue Code, the employee may divert, on a pre-tax basis, up to a federally prescribed maximum of salary per year into a Medical Flexible Spending Account for eligible out-of-pocket medical and dental expenses. K. Dependent Care SpendingvPlan -Under Section 125 of the Internal Revenue Code, the employee may divert, on a pre-tax basis, up to a federally prescribed maximum of salary per year into a Dependent Care Flexible Spending Account for eligible out-of-pocket dependent care expenses. L. Long Tenn Care -Employees may purchase long term care insurance through a group benefits program administered by PERS. Legislated Benefits -The following benefits are mandated by law and apply to all CITY employees: A. Workers' Compensation -This insurance, paid by the CITY, assists employees in the event they become injured on the job or become ill due to their job. B. Unemployment Insurance Compensation -The State Unemployment Insurance program, which is paid by the CITY, provides an income to employees who become unemployed through no fault of their own. C. Consolidated Omnibus Bud~ct Reconciliation Act of 1986 (COBRA) - A federal health insurance law that requires employers to offer employees and their family members continued participation in employer's group health insurance program, at special rates, following a "qualifying event, "including going on unpaid status while on a California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA) leave and termination from employment. D. Health Insurance PortabilitX and Accountability Act (HIPPAI - A federal law that limits the circumstances under which medical coverage may be excluded for pre-existing medical conditions and protects the dissemination of certain health-related information. XIII. PAID TIME OFF (PTO) The CITY provides Paid Time Off (PTO), also referred to as annual leave benefits to regular full-time employees for the purpose of rest, relaxation, and planned interruptions from the workplace including vacation, illness, caring for children, school activities, medical/dental appointments, personal business, or emergencies. The CITY encourages employees to take time off in order to receive the personal replenishment value intended. All use of PTO is to be scheduled in advance and approved by a supervisor except in the case of illness or an emergency. PTO must be taken by exempt employees only in increments of 1;4) hours or more in a workday (29 CFR 541.710 Employees of Public Agencies). For example, when the employee leaves work for four or more hours early prior to the start of a vacation period. 14 108 AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION A. Eli ibg ility -All regular full-time employees are eligible to take and/or accrue paid time off based on their continuous length of service, measured from the date of hire. Continuous length of service is defined as service that is uninterrupted by termination of employment and subsequent rehire by the CITY or a break in service that has been bridged. B. Paid Time Off (PTO) Accrual -The amount of PTO earned each year is based on the employee's continuous length of service. PTO hours are calculated as earned on a bi- weekly accrual schedule. All PTO hours are based on compensated work hours. Therefore, PTO accruals for regular part-time employees scheduled to work less than 40 hours per week shall be prorated accordingly. Employees will not accrue PTO hours while on unpaid status. Paid Time Off (PTO) Accrual Schedule for Full-Time Employees Years of Service Years 0 thru 5 After 5 years After ] 0 years Days Accrued 22 27 32 Hours Accrued 176 216 256 Maximum Annual Accrual Hours 600 600 600 Maximum Annual Accrual and PTO Sellback and Optional End of Fiscal Year Pa gout There is a cap on the amount of PTO time an employee can accumulate. Employees may carry over up to 600 unused I'TO hours from calendar year to calendar year. Any hours in excess of 600 on the books as of December 31 each year will be automatically paid out to the employee at the employee's regular rate of pay, based on length of service at the following rates: Service Length % Payout Years 0 thru 5 50% After 5 years 75% After 10 years 100% An employee may be paid at the employee's regular rate of pay, at their request, each January for their accrued leave in excess of 160 hours as of December 31, based on length of service at the rates above. PTO Upon Termination -Upon separation from CITY service, the CITY will pay 100% of the employee's accrued paid time off at the employee's regular rate of pay. When an employee voluntarily resigns from employment, no paid time off may be used between the time a notice of resignation is given and the employee's last day of work unless authorized by the City Manager. Payout at Retirement -Upon retirement from CITY service, an employee must use at least half of their accrued paid time off for the purpose of obtaining additional service credit under PERS. An employee may choose to use al] of his/her accrued paid time off 15 109 AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION u as sick leave for service credit. If an employee chooses to apply less than ]00% of his/her paid time off toward PERS service credit, the CITY will pay 100% of the employee's accrued paid time off at the employee's regular rate of pay. C. Administrative Leave -Administrative Leave is compensated time off given to regular, full- time exempt employees of the CITY. This leave shall be taken in a manner consistent with PTO. Use of administrative leave is a privilege and is provided in recognition that CITY projects often require employees to devote whatever hours are necessary, irrespective of a regular scheduled workweek, to fulfill the obligations of the job. CITY shall grant UNION members in exempt classifications, on a fiscal year basis, twenty (20) hours of administrative leave. Administrative leave cannot be tamed over from year to year, and must be used by June 30`" of the fiscal year in which it was accrued. Administrative Leave must be exhausted prior to using PTO. Administrative Leave must be taken by exempt employees only in increments of (4) hours or more in a workday (29 CFR 541.710 Employees of Public Agencies). For example, when the employee leaves work for four or more hours early to take care of personal business. D. Holidays -The CITY observes the following paid holidays: (1) (2) (3) (4) (5) (6) ~7) fig) (9) (10) (12) (I 3) New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve January 1 3"' Monday in January 3`~ Monday in February Last Monday in May July 4 15` Monday in September 2"d Monday in October November 11 4`" Thursday in November Friday after Thanksgiving December 24 December 25 December 31 If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on a Sunday, the following Monday will be observed. In those years in which one of the Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the weekend and the Monday following the weekend shall be observed as holidays. If a holiday falls on an off-Friday, the holiday will be observed on the preceding Thursday. In general, holidays shall be compensated as a regular day's salary. if a holiday occurs when an employee is using annual leave, the holiday will not be charged against the employee's annual leave balance. In order to receive holiday pay, an employee must be on the payroll on the last regularly scheduled workday preceding the holiday and the first regularly scheduled work day following the holiday with two exceptions: 16 110 AGREEMENT BEl'WEEN THE CITY OF SARATOGA AND UNION 1. An employee on Disability Leave shall only be entitled to receive holiday pay within the six-month period after the date of injury/illness. If the employee is using annual leave when the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave being used in the pay period in which the holiday falls. If the employee is receiving Short Term Disability payments in the pay period when the holiday occurs, payment for the holiday shall be at 75% of the employee's regular rate of pay. 2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay, within the six-month period after the date of injury/illness. After six months, holiday pay shall be prorated to the amount of annual leave, if any, being used by the employee. E. Jury Duty Leave -Employees who are called for jury duty continue to receive full pay and benefits for that period of absence. An employee shall be paid the difference between his or her regular salary rate and the amount of cash pay received, except travel pay, for jury duty. The time spent on jury duty is not work time for purposes of calculating overtime compensation. F. Military Leave - An employee in a reserve component of the armed forces of the United States is entitled to temporary military leave not to exceed 180 calendar days during any period of ordered duty for active military training. An employee who has been employed by a public entity, including prior military service, for at least one year immediately prior to the day on which the absence begins is entitled to receive full salary and benefits ' during the first 30 calendar days of such temporary military leave, in addition to whatever pay is received from the federal government for training, Pay for such purposes shall not exceed 30 days in any one fiscal year. G. Industrial Injury Leave -This ~is leave for an on-the job injury or illness. Beginning on the date of injury/illness, the CITY shall pay an employee's full salary for up to the first three consecutive workdays of any absence due to any one injury or illness. In the event that such leave exceeds three consecutive workdays, the employee shall be entitled tc> Workers Compensation benefits as prescribed by law. Monies paid through a third party administrator are not reported to PERS as salary earned. In addition, the employee may use annual leave to supplement Workers Compensation benefits up to his/her full salary. An employee on Industrial lnjwy Leave will continue to receive full CITY paid insurance benefits (medical, dental, life, and long term disability) for up to 12 months from the date of injurylillness. ]n the event that an employee suffers an injury or illness on the job, whether or not medical treatment is necessary, he or she must advise the supervisor at once and fill out an employee claim form. An employee must also indicate on their time card any time off taken due to an on-the job injury or illness, or for related follow-up medical appointments. Upon return to work from an :Industrial Injury Leave, an employee shall provide a written statement from a doctor to his~'her immediate supervisor stating that a specified number of appointments are necessary for Workers Compensation approved treatment. This shall occur before the scheduling of treatment begins. Employees shall be expected to the extent possible to schedule appointments for follow-up medical treatments so as to minimize the 17 itt AGREEMENT BETWEEN THE CITY OI' SARATOGA AND UNION ~' inconvenience to fellow employees and the impact on the employee's ability to perform his/her job. H. Leave Without Pay - It is not the policy of the CITY to grant leaves of absence under most circumstances. In cases of hardship or for other good and suflcient reasons, the City Manager may grant leaves of absence upon written request by an employee, for a period up to 90 days. The employee will not accrue any annual leave while on leave without pay and the leave period will be considered as discontinuous service. During the time an employee is on leave without pay, the C[TY may discontinue paying for insurance benefits on behalf of the employee, although the employee shall have the option to continue benefits at his/her own cost. XIV. RETIREMENT (PERS) The CITY maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to provide this benefit to all current employees through age 55, (i.e. for 35 years or through the year 2034). Funds deposited into the Retirement Reserve Fund by the CITY, along with all interest accruing thereto, shall belong to the CITY and shall be commingled with the CITY's invesUnent portfolio. In October of each year, the CITY shall review the past and projected perforn~ance of the Retirement Reserve Fund, along with actuarial data provided by PERS, to determine the amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each year, the CITY shall report to UNION the amount of its next contribution to the Retirement Reserve Fund along with the assumptions used to determine the contribution amount. Employees who retire from the CITY and who are enrolled in aPERS-sponsored health plan at the time of separation are eligible to continue their coverage, through the "Retired Employees Medical Expense Reimbursement Program" as described in Section XII.E. The parties agree to a scheduled reopener in 2009 for the purpose only of discussing the financial feasibility of enhancing the CITY's retirement package with PERS (i.e., moving from the current 2% at 55 to 2.5% at 55). The discussion will be limited to (1) PERS' financial situation and whether it will become superfunded and, therefore, require a smaller contribution from the CITY; and (2) the CITY's financial situation and whether the CITY can afford to fund all or part of an enhanced retirement program for employees. The parties will schedule a time for the reopener in 2009 within 60 days after the CITY receives an actuarial valuation from PERS of the cost of 2.5% at 55 and the discussions will not extend beyond 60 days of the reopening. XV. UNIFORM AND CLOTHING ALLOWANCES Each regular full-time Park and Street Maintenance employee shall receive an allowance of $400.00 (four-hundred dollars) per fiscal year for the purchase of pants and safety boots, and for uniform cleaning. Three shirts per employee per year are purchased directly by the CITY, in colors designated by the Department head. The Uniform and Clothing Allowances shall be paid on the second pay date in July. The Uniform and Clothing Allowances shall be prorated from the date of hire for a newly hired employee. Uniform and clothing allowances are reported to PERS as salary earned. ]8 112 AGRYEMENT BETWEEN THE QTY OP S.ARATOGA .AND UNION XVI. TUITION REIMBURSEMENT All regular employees of the CITY who have been employed continually for at least three (3) months prior to the commencement of an approved or required course are eligible for the CITY's tuition reimbursement program. A. Coursework for Decree or Certificate - If the course(s) taken ~ is/are job related or in fulfillment of the requirements for a degree or certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and books by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal year. The Department Head and City Manager will determine job-relatedness. B. Coursework for Professional L>evelo~ment - If the course(s) is/are not specifically related to the employee's current position, and does not fulfill the requirements for a degree or certificate, but does provide for professional development related to the worker's position of employment or a higher position in the CITY, reimbursement will be afforded for tuition, fees and books by the CITY at one-hundred percent (100%), up to a maximum five hundred dollars ($500) per employee per fiscal year. Reimbursement will be afforded after successful completion of the course(s) requirements. Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system. XVII. ARBITRATION AND GRIEVANCE PROCEDURE If the UNION believes that the CITY has violated this Agreement, such matters arising during the term of this MOU ("grievances") will be resolved through this Grievance Procedure, which is the sole and exclusive method of doing so. The parties agree by this provision that matters regarding discipline remain within the sole discretion of the City as set forth in its Discipline Policy and that only the issue of whether the City has followed its Discipline Policy is subject to arbitration and the grievance procedure. A. STEP (1) -The UNION Representative will attempt to resolve the matter with the supervisor. If the matter is not resolved the UNION will file a written grievance with the CITY's Human Resources representative within fifteen days after the employee or UNION is aware or reasonably should be aware of the act or omission that caused the grievance. The grievance shall specify the date(s) of the alleged violation(s) and the provisions of the Agreement applicable to the dispute. A grievance not filed in writing within the above time shall be invalid, excepting any complaint relative to wages shall not be deemed invalid until thirty (30) days subsequent to origin of cause of the complaint and in no event shall an employee be deprived of actual wages due. The CITY shall notify the UNION of the name, address, telephone number and fax number of the CITY's designated Human Resources representative no later than five (5) working days after this Agreement has been ratified and no later than five (5) working days from the date the CITY assigns the Human Resources representative duties to a different individual. 19 113 AGREEMENT BETWEEN THE CI'T'Y UP SARATOGA AND UNION B. STEP (2) -The CITY shall answer the grievance in writing within ten (10) working days after the written grievance is filed. The CITY Human Resources representative and the UNION will discuss the grievance during this period. 1f the grievance is not settled, the UNION may advance it to Step 3 by giving written notice to the City Manager within five (5) working days after the CITY answers the grievance in writing. If the CITY does not timely file an answer, the grievance will automatically advance to Step 3 and the UNION may deliver written notice of arbitration immediately. The CITY shall notify the UNION of the name, address, telephone number and fax number of the City Manager no later than five (5) working days after this MOU has been ratified and no later than five (5) working days from the date the CITY assigns the City Manager representative duties to a different individual. C. STEP (3) -During the five (5) working days after a grievance advances to Step 3, the City Manager and the UNION will attempt to settle it. If it is not settled during that five (5) day period, the UNION may advance it to Arbitration by delivering written notice to the City Manager within ten (l O) working days after the end of the five (5) working day period. In the absence of such written notice, the grievance will be settled on the basis of the CITY's answer. The time limits in this Grievance Procedure may be extended by written agreement. Each party will provide the other with a current address of that party's representatives identified above. D. ARBITRATION (l) Upon filing by the UNION of an appeal to arbitration as provided in Step 3 of the Grievance Procedure, the parties will promptly attempt to agree on an independent arbitrator to hear and resolve the grievance. (2) If the parties arc unable to agree on an arbitrator within five (5) working days after the UNION delivers the notice of appeal to arbitration, either party may apply to the State Mediation and Conciliation Service (SMCS) for a pane] of seven arbitrators who are members of the National Academy of Arbitrators. The party applying for the list will request that the list be sent by the SMCS to both parties. (3) Upon receipt of the list, the parties will promptly select an arbitrator to hear and decide the grievance by alternately striking names from the list (coin toss for first strike) until only one remains, and s/he will be the arbitrator for the case. (4) The arbitrator will decide the case by a written opinion following the hearing. The arbitrator's decision will be final and binding provided that the arbitrator's decision is based on the provisions of this Agreement as written and does not add to, subtract from or ignore any provision of this Agreement. Either party may have a transcript of the hearing made, but in that event that party will pay for the transcript. (5) The fees and expenses of the arbitrator will be paid one-half by each party. Each party's own expenses will be paid by that party. 20 114 AGREIiM ENT BCTW EEN THE CITY OP SARATOGA AND UNION • XVIII. ALCOHOL AND DRUG ABUSE POLICY Purpose - It is the intention of this policy to eliminate substance abuse and its effects in the workplace. While the City of Saratoga has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol can take its toll on job performance and employee safety. Employees must be in a condition to perform their duties safely and efficiently, in the interest of their fellow workers and the public, as well as themselves. The presence of drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor. While the CITY will be supportive of those who seek help voluntarily, the CITY will be equally firm in identifying and disciplining those whose continued substance abuse, even if enrolled in counseling or rehabilitation programs, results in performance problems, danger to the health and safety of others and themselves and/or violations of federal, state or CITY laws/policy. Supervisors will be trained to recognize abusers and become involved in this control process. Alcohol or drug abuse will not be tolerated and disciplinary action, up to and including termination, will be used as necessary to achieve this goal. This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City managers and employees. To that end, the CITY will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard perforn~ance, poor employee morale or damage to the Agency's reputation. Al] persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination, or in not being hired. In recognition of the public service responsibilities entrusted to the employees of the CITY and that drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the CITY. Polic - It is CITY policy that employees shall not be impaired by or have in their biological system, or be in possession, of alcohol or drugs while on CITY property, at work locations, or while on duty or subject to being called to duty, and that employees shall not sell or provide drugs or alcohol to any other employee or person while on duty or subject to being called to duty. While use of validly prescribed medications and drugs does not violate this policy per se, failure by an employee to notify his/her supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective 21 115 AGRLL'M ENI' BFTWFEN THe CITY OF SARATOGA AND UNION . performance of duties, or the operation of CITY equipment, can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. The CITY reserves the right to search, without employee consent, all areas and property in which the CITY maintains control or joint control with the employee. Otherwise, the CITY may notify appropriate law enforcement agencies that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the CITY. Refusal to immediately submit to an alcohol and/or drug analysis when requested by CITY management or law enforcement personnel, or refusal to submit to a search of personal properties if requested by law enforcement personnel, may constitute insubordination and be grounds for discipline, up to and including termination. An employee reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until he or she can be safely transported from the work site. The CITY is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled under federal and/or state law. The CITY has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. The CITY will provide separate written notice of the availability of this program to all employees. Employees should contact their supervisors or the EAP Counselor for additional information. Application -This policy applies to all employees of and to all applicants for positions with the CITY. This policy applies to alcohol and drugs, including all substances, drugs or medications, whether legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. Employee Responsibilities - An employee must: • Not report to work or be subject to duty while his or her ability to perform job duties is impaired due to on or off duty alcohol or drug use; • Not possess or use alcohol or impairing drugs, including illegal drugs and prescription drugs without a prescription, during working hours or while subject to duty, on breaks, during meal periods or at anytime while on CITY property; • Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either or both employees are on duty or subject to being called to duty; • Submit immediately to an alcohol or drug test when requested by a CITY representative; 22 116 AGREEMENT BETW"L'EN THE CITY OP SARATOGA AND UNION • • Notify his or her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of CITY equipment; and • Provide within 24 hours of request, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name. Management Responsibilities - • Managers and supervisors are responsible for reasonable enforcement of this policy. • Managers and supervisors may request that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. • "Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so the employee's ability to perform his or her job safely is reduced. i • For example, any of the following, alone or in combination, may constitute reasonable suspicion depending upon the circumstances in which the behavior is observed and/or reported: ^ Slurred speech; ^ Alcohol odor on breath; ^ Unsteady walking and movement; ^ An accident involving CITY property, where it appears the employee's conduct is at fault; ^ Physical altercation; ^ Verbal altercation; ^ Unusual behavior; ^ Possession of alcohol or drugs; ^ Information obtained from a reliable person with personal la~owledge. • Any manager or supervisor requesting an employee to submit to a drug and/or alcohol test should document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence. • Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and disciplinary consequences of this Policy. Where there 23 ~~~ AGREEMENT BETW EF,N THE CITY OF SARATGGA AND UNION is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor should arrange for the employee to be safely transported home. • Managers and supervisors shall not physically search the person of employees, nor shall they search the personal possessions of employees without the freely given written consent of, and in the presence of, the employee. • Managers and supervisors shall notify their Department head or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the CITY. If the Department head or designee concurs that there is a reasonable suspicion of illegal drug possession, the Department head shall notify the appropriate law enforcement agency. Phvsical Examination and Procedure -The drug and/or alcohol test may test for any substance which could impair an employee's ability to perform effectively and safely the functions of his or her job, including, but not limited to, prescription medication, alcohol, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. Testing shall be performed at a local medical facility selected by the CITY. The procedure used shall require an unbroken chain of custody from sample collection to return of the written report. A split sample (a test sample which is divided into portions for use in an independent testing of positive samples) shall be preserved to provide an independent test. If the initial test has positive results, the CITY shall conduct a confirmation test using a caurt admissible testing technique. If the confirmation test has positive results, the employee may re-test the sample at a laboratory of the employee's choice and at the employee's own expense. Results of Dru>? and/or Alcohol Analysis Pre-Employment Physical A positive result from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties or responsibilities. If a drug screen is positive at the pre-employment physical, the applicant must provide, within 24 hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, the applicant may not be hired. During Employnaenz Phvsical or,4lcohol/Drug Tests A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and including, termination. If the drug screen is positive, the employee must provide, within 24 hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. 24 tts AGREEMENT BETWEEN THE CITY OP SARATOGA ANU UNION The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his or her supervisor of the same, the employee will be subject to disciplinary action, up to and including termination. If an alcohol drug test is positive for alcohol or drugs, the CITY shall conduct an investigation to gather all facts. 'The decision to discipline, up to and including termination, will be carried out in conformance with the CITY's discipline procedures, modified as follows: (1) In the event a regular, for-cause employee requests an evidentiary appeal to the City Manager from a final notice of discipline (Section 6 of the Discipline Policy) for violating the City's Drug and Alcohol Abuse Policy, the evidentiary appeal will be conducted by a neutral, third party arbitrator who, after conducting the evidentiary hearing and hearing all of the evidence (pursuant to the provisions of Section 6 of the Discipline Policy), will make a nonbinding recommendation to the City Manager with respect to discipline. The nonbinding recommendation will include: (a) the arbitrator's nonbinding recommendation regarding discipline; and (b) the arbitrator's nonbinding- recommended-written findings of fact in support of his or her recommendation for discipline. The nonbinding-recommended-written findings of fact will include the factual basis for the recommendation for discipline, including the testimony of the witnesses relied upon, the basis of any credibility determinations of these and other witnesses, the documents and other evidence relied upon, and nonbinding assessments on how the • testimony, documents, and other evidence support the nonbinding recommendation of the arbitrator. (2) The City and the Union will agree on the neutral, third party arbitrator who will conduct the evidentiary hearing and make the above nonbinding recommendations, prior to the onset of the evidentiary hearing. In the event an agreement on a third party arbitrator cannot be reached, then either party shall promptly obtain from the California State Conciliation Services a list of seven impartial arbitrators from which the City and the Union shall select the neutral, third party arbitrator by alternatively striking names from the list. The first party to strike from the list shall be determined by coin toss. (3) The neutral, third party arbitrator will submit his or her nonbinding recommendation for discipline and nonbinding-recommended-written findings of fact to the City Manager with a copy to the employee and the Union within 30 days after the evidentiary hearing has been completed and written briefs, if any, have been submitted. The City Manager will have 30 days thereafter in which to review the nonbinding recommendations and findings, to request clarification or additional testimony or evidence (at the City Manager's discretion) on any issue, and to render a final statement of written findings and decision. The City Manager's decision is final. (A) Proof of service of the City Manager's final statement of written findings and decision and the statute of limitations on that final decision is in accordance with Subdivisions 6 and 7 of Scetion 6 of the Discipline Policy. • 25 119 AGREEM ENI' BETW fEN THE CITY OP SARATOGA AND UNION Confidentiality -Laboratory reports and test results shall not appear in an employee's general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Human Resources Manager. The reports or test results may be disclosed to CITY management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the .employer and employee; (3) the information is to be used in administering an employee benefit plan; or (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclo:>ure. IX. DISCIPLINE POLICY Unless otherwise specified by a memorandum of understanding, the following constitutes the CITY's policy regarding disciplinary actions: A. Policy Coverage -The following categories of persons can be terminated at-will and have no rights to any of the pre- or post-disciplinary processes or procedures in this Policy: (1) temporary employees, (2} provisional or seasonal employees, (3) probationary employees, (4) any person who serves pursuant to a contract, and (5) any person who is designated "at-will" in any CITY policy, document, acknowledgement, resolution or ordinance. Notwithstanding any provision in this policy, any regular employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is not subject to any disciplinary penalty which is inconsistent with his or her FLSA overtime- exempt status. B. Causes for Discipline -Regular employees may be counseled, admonished, reprimanded, suspended, demoted, discharged or incur a reduction in pay for disciplinary causes including but not limited to: 1. Violation of the CITY's Employment Standards, Standards of Conduct or any department rule, CITY policy or CITY regulation, ordinance or resolution; 2. Absence without authorized leave; 3. Excessive absenteeism and/or tardiness as defined by the employee's department director, these Policies, or MOU; 4. Use of disability leave in a manner not authorized or provided for pursuant to the disability leave policy or other policies of the CITY; 5. Purposefully and knowingly making any false statement, omission or misrepresentation of a material fact; 6. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment; • 7. Unsatisfactory job performance; 26 tzo AGREEMENT BETWEEN THE CITY GP SARA"TOGA AND UNION • 8. Inefficiency; 9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions: a. Conviction of a felony. "Conviction" shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contender (no contest), regardless of sentence, grant of probation, or otherwise. b. Damaging CITY property, equipment, or vehicles, or wasting CITY supplies through negligence or misconduct. l0. Insubordination; 11. Dishonesty; 12. Theft; 13. Disobedience; 14. Violation of the CITY's or a department's confidentiality policies, or disclosure of confidential CITY information to any unauthorized person or entity; • I5. Misuse of any CITY property, including, but not limited to: physical property, tools, equipment, CITY communication systems, or Intellectual Property; ]6. Mishandling of public funds; 17. Falsifying any CITY record; l 8. Discourteous treatment of the public or other employees; ] 9. Failure to cooperate with employee's supervisors or fellow employees; 20. Violation of the CITY's Drug-Free Workplace Policy; 21. Violation of the CITY's Use of CITY Property and Equipment Policy; 22. Violation of the CITY's Policy Against Harassment, Discrimination and Retaliation; 23. Violation of the CITY's Workplace Security Policy; 24. Unapproved outside employment or activity that violates the CITY's Outside Employment policy, or other enterprise that constitutes a conflict of interest with service to the CITY; • 25. Any conduct that impairs disrupts or causes discredit to the CITY, the employee's CITY employment, to the public service, or other employee's employment; 27 121 AGREL'M ENT BETWEEN THE CITY OF SARATOGA AND UNION • 26. Failure to comply with OSHA Safety Standards and CITY safety policies; 27. Failure to report to his or her supervisor any contact with criminal authorities (such as police) which may affect employment with the CITY; 28. Altering, falsifying, and tampering with time records, or recording time on another employee's time record; or 29. Working overtime without prior authorization. C. Administrative Disciplinar~,eave - A department director may place an employee on an administrative disciplinary leave with pay pending a potential disciplinary action. Administrative disciplinary leave with pay is authorized: (1) when the department director believes that the employee's continued presence at the work site could have detrimental consequences for CITY operations; or (2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures. D. Tunes of Discipline Counseling Memo - A counseling memo shall be retained in the employee's personnel • file, and may not be appealed under this policy. Oral Admonishment or Reprimand - An oral admonishment or reprimand shall be memorialized in writing, become part of the employee's personnel file, and may not be appealed under this policy. Written Admonishment or :Reprimand - A department director may reprimand an employee by furnishing him/her with a written statement of the specific reasons for reprimand. A copy of the reprimand will be retained in the employee's personnel file, and may not be appealed. The employee has the right to have a written rebuttal attached to the reprimand in the employee's personnel file. Suspension - A department director may suspend an employee from his or her position for cause. Documents related to a suspension shall become part of the employee's personnel file. An employee subject to suspension will receive prior written notice and appeal as provided herein. FI,SA-exempt employees are not subject to suspension except in work day or work week increments or for violations of major safety rules. Demotion - A department director may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee's personnel file. An employee subject tc demotion shall be entitled to the prior written notice and appeal as provided herein. Reduction in Pav - A department director may reduce an employee's pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: (I) a decrease in salary to a lower step within the salary range; or (2) a decrease in salary paid to an 28 122 AGREGMGNT BETW HBN THE CITY Or SARATOGA AND UNION • employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee's personnel file. An employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to reduction in pay. Discharge - A department director may discharge an employee from his or her position for cause. Documents related to discharge shall become a part of an employee's personnel file. A discharged employee is entitled to prior written notice and appeal based upon the terms described herein. E. Skelly Process -Pre-Disciplinary Procedure for Suspension, Demotion, Reduction in Pay. or Discharge -Only regular, for-cause employees have the right to the conference and appeal processes outlined in this Section. Notice of Intent to Discipline -The employee will be provided a written notice of intent to discipline, copied to the City Manager that contains the following: l . The ]evel of discipline intended to be imposed; 2. The specific charges upon which the intended discipline is based; 3. A summary of the misconduct upon which the charges are based; • 4. A copy of all written materials, reports, or documents upon which the intended discipline is based; 5. Notice of the employee's right to respond to the department director regarding the charges within 5 calendar days from the date of the Notice, either by requesting an informal conference, or by providing a written response, or both; 6. Notice of the employee's right to have a representative of his or her choice at the informal conference, should he or she choose to respond orally; and 7. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline. Employee's Response and the Skelly Conference ]f the employee requests an informal conference to respond orally to the charge(s), the conference must be scheduled at least 7 calendar days after the date of the Notice. The conference will be an informal meeting with the department director, at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances. The department director will consider the employee's presentation before recommending any final disciplinary action. 2. The employee's failure to make an oral response at the arranged conference time, or the employee's failure to cause his or her written response to be delivered by the date and time specified in the. notice, constitutes a waiver of the employee's right to 29 123 AGREEMENT BETWEEN THE CITY OF SARATOGA AND UN]ON . respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified. Final Notice of Discipline -After considering the employee's response, or after the expiration of the employee's time to respond to the Notice of Intent, the department director shall: (1) dismiss the notice of intent and take no disciplinary action against the employee; or (2) modify the intended disciplinary action, or (3) impose the intended disciplinary action. In any event, the department director shall prepare and provide the employee with a notice, copied to the City Manager that contains the following: 1. The level of discipline, if any, to be imposed and the effective date of the discipline; 2. The specific charges upon which the discipline is based; 3. A summary of the misconduct upon which the charges are based; 4. A copy of all written materials, reports, or documents upon which the discipline is based; and 5. A statement of the nature of the employee's right to appeal. F. Evidentiary Appeal to the Cit~Manager • Request for Appeal Hearing - A regular, for-cause employee may appeal from a final notice of discipline in the form of suspension, demotion, reduction in pay, or termination by delivering a written answer to the charges and a request for appeal to the City Manager or designee. The written answer and request for appeal must be received no later than ] 0 calendar days from the date of the department director's decision. Dele a~ lion -The City Manager or designee reserves the right to delegate his or her authority to decide the appeal to an outside hearing officer to be chosen by the Ciry Manager or designee. Date and Time of the Appeal Hearint; -The City Manager will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request for appeal. An employee who, having filed a timely written answer and request for appeal, has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may be deemed to have abandoned his or her appeal. In such a case, the City Manager may dismiss the appeal. ]dentification of Issues, Witnesses and Evidence - No later than ]0 days prior to the appeal hearing, each party will provide each other and the City Manager a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The CITY will use numbers to identify its evidence; the employee shall use alphabet letters. Neither parry will be permitted to call any witness during the hearing that has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless 30 124 AGREEMENT BET6VEEN THE CITY OF SARATOGA AND UNION that party can show that they could not have reasonably anticipated the need for the witness or exhibit. The City Manager will state at the beginning of the hearing his or her decision as to the precise issue(s) to be decided. Conduct of the Appeal Hearing Subpoenas -The City Council has authority, and may delegate the authority to the City Clerk, to issue subpoenas in the name of the CITY prior to the commencement of the hearing. Each party is responsible for serving his/her/its own subpoenas. CITY employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. CITY employees who are subpoenaed to testify during non- working hours will be compensated for the time they actually testify unless the CITY agrees to a different arrangement. Continuances -The City Manager may continue a scheduled hearing only upon good cause shown. Record of the Proceedings -All disciplinary hearings may, at the discretion of the parties, be either recorded by a court reporter or tape recorded. The City Mana~cr's Authority -During the Hearing the City Manager has the authority to control the conduct of the hearing and to affirn~, modify, or revoke the discipline. Conduct of the Hearing 1. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the City Manager decides is the most conducive to determining the truth. 2. Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons arc accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. 3. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over objection in civil actions. An objection is timely if mad<; before submission of the case. 4. All privileges recognized i~n civil proceedings apply. 5. Irrelevant and unduly repetitious evidence may be excluded. 6. The City Manager shall determine relevancy, weight and credibility of testimony and evidence. 7. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. 31 125 AGREEMENT BETWEEN THE QTY OF sARATOGA ANU UNION 8. All witnesses shall be sworn in for the record prior to testifying at the hearing. The City Manager or the court reporter shall request each witness to raise his or her right hand and respond to the following: "Do you swear that the testimony that you are about to give at this hearing is the truth, the whole truth, and nothing but the truth?" Burden of Proof at the Heari~~ -The CITY has the burden of proof by a preponderance of the evidence. Right to Due Process -The employee shall have the following due process rights during the hearing: 1. The right to be represented by legal counsel or another chosen representative, at his or her own expense; 2. The right to call and examine witnesses on his or her behalf; 3. The right to introduce evidence; 4. The right to cross-examine opposing witnesses on any matter relevant to the issues; 5. The right to impeach any witness regardless of which party first called him or her to testify; and 6. The right to rebut evidence against him or her. Hearine to be Closed to the Public -The hearing will be closed to the public unless the employee requests that it be open. Presentation of the Case -The parties will address their remarks, evidence, and objections to the City Manager. All parties and their counsel or representatives shall not disparage the intelligence, morals, or ethics of their adversaries or of the City Manager. The City Manager may terminate argument at any time and issue a ruling regarding an objection or any other matter. The City Manager may alter the order of witnesses, limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the City Manager directs otherwise: 1. The CITY shall be permitted to make an opening statement. 2. The employee shall be permitted to make an opening statement. 3. The CITY shall produce its evidence. 4. The employee shall produce his or her evidence. 5. The CITY, followed by the employee, may offer rebuttal evidence. 32 126 AGREEMENT BETWEGN THG CI"PY OP SARATOGA AND UNION 6. Closing arguments of no more than 20 minutes shall be permitted at the discretion of the City Manager. The CITY shall have the right to argue first, the employee may argue second, and the CITY may reserve a portion of its argument time for rebuttal. Written Briefs by the Parties -The City Manager or the parties may request the submission of written briefs. The City Manager will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs. Written FindinQS and Decision -The City Manager shall render a statement of written findings and decision within. 30 days after the hearing has been completed and the briefs, if any, have been submitted. 'The City Manager's decision is final. Proof of Service of the Written Findings and Decision -The City Manager shall send his or her final statement of written findings and decision, along with a proof of service of mailing, to each of the parties and to each of the parties' representatives. A copy shall also be distributed to the Hwnan Resources Manager. Statute of Limitations -The City Manager's written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure Section 1094.6, the parties have 90 days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Santa Clara. XX. SCOPE OF AGREEMENT This MOU represents the entire and complete understanding reached between the representatives of the CITY and the representatives of the UNION for the period designated and applies to all positions represented by the UNION. 33 127 AGR6GMEN'f BETWEEN THE CITY OP SARATOGA AND UNION • XXI. RATIFICATION This MOU is subject to ratification by a majority vote of the members of the UNION. City Council adoption of Resolution No. and ratification by the UNION will put the terms of this MOU into effect. Representative of the Representatives of the City of Saratoga: Northern California Carpenters Regional Council, Carpenters Foriy Six Counties Conference Board and Their Affiliated Local Unions Dave Anderson, City Manager Richard Torres Date: Date: Richard Amaro Date: Shawn Gardner Date: L_J 34 128 i Exhibit B GOVERNMENT CODE SECTION 3500-3511 "Meyers-Milias-Brown Act. (MMBA)" 3500. (a) It is the purpose of this chapter to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the various public agencies in the State of California by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by those organizations in their employment relationships with public agencies. Nothing contained herein shall be deemed to supersede the provisions of existing state law and the charters, ordinances, and rules of local public agencies that establish and regulate a merit or civil service system or which provide for other methods of administering employer-employee relations nor is it intended that this chapter be binding upon those public agencies that provide procedures for the administration of employer-employee relations in accordance with the provisions of this chapter. This chapter is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed. (b) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this chapter are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this chapter are not reimbursable as state-mandated costs. 3500.5. This chapter shall be known and may be cited as the "Meyers-Milias-Brown Act." 3501. As used in this chapter: (a) "Employee organization" means either of the following: (1) Any organization that includes employees of a public agency and that has as one of its primary purposes representing those employees in their relations with that public agency. (2) Any organization that seeks to represent employees of a public agency in their relations with that public agency. (b) "Recognized employee organization" means an employee organization which has been formally acknowledged by the public • agency as an employee organization that represents employees of the 129 • public agency. (c) Except as otherwise provided in this subdivision, "public agency" means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not. As used in this chapter, "public agency" does not mean a school district or a county board of education or a county superintendent of schools or a personnel commission in a school district having a merit system as provided in Chapter 5 (commencing with Section 95100) of Part 25 and Chapter 9 (commencing with Section 88000) of Part 51 of the Education Code or the State of California. (d) "Public employee" means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state. (e) "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice. (f) "Board" means the Public Employment Relations Board established pursuant to Section 3591. 3501.5. As used in this chapter, "public agency" does not mean e superior court. 3502. Except as otherwise provided by the Legislature, public employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the public agency. 3502.1. No public employee shall be subject to punitive action or denied promotion, or threatened with any such treatment, for the exercise of lawful action as an elected, appointed, or recognized representative of any employee bargaining unit. 3502.5. (a) Notwithstanding Section 3502 or 3502.6, or any other provision of this chapter, or any other law, rule, or regulation, an agency shop agreement may be negotiated between a public agency and a recognized public employee organization that has been recognized as 130 the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, ordinances, and enactments, in accordance with this chapter. As used in this chapter, "agency shop" means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization. (b) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the public agency and a recognized employee organization that has been recognized as the exclusive or majority bargaining agent shall be placed in effect, without a negotiated agreement, upon (1) a signed petition of 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. The petition may only be filed after the recognized employee organization has requested the public agency to negotiate on an agency shop arrangement and, beginning seven working days after the public agency received this request, the two parties have had 30 calendar days to attempt good faith negotiations in an effort to reach agreement. An election that may not be held more frequently than once a year shall be conducted by the Division of Conciliation of the Department of Industrial Relations in the event that the public agency and the recognized employee organization cannot agree within 10 days from the filing of the petition to select jointly a neutral person or entity to conduct the election. In the event of an agency fee arrangement outside of an agreement that is in effect, the recognized employee organization shall indemnify and hold the public agency harmless against any liability arising from any claims, demands, or other action relating to the public agency's compliance with the agency fee obligation. (c) Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds, designated in a memorandum of understanding between the public agency and the public employee organization, or if the memorandum of understanding fails to designate the funds, then to any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization. (d) An agency shop provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the uni t covered by the memorandum of understanding, provided that : (1) a request :Eor such a vote is supported by a petition cont aining the signatures of at least 3 0 percent of the employees in may be taken the uni at any t; (2) the vote is by secret time during the term of the ballot; (3) the vote memorandum of 131 . understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the public agency and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. The procedures in this subdivision are also applicable to an agency shop agreement placed in effect pursuant to subdivision (b). (e) An agency shop arrangement shall not apply to management employees. (f) Every recognized employee organization that has agreed to an agency shop provision or is a party to an agency shop arrangement shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 901 et seq.) covering employees governed by this chapter, or required to file financial reports under Section 3596.5, may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports. 3503. Recognized employee organizations shall have the right to represent their members in their employment relations with public agencies. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the public agency. 3509. The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. 3509.5. (a) Except in cases of emergency as provided in this section, the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, shall give reasonable written notice to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or the designated boards and commissions and shall give the recognized employee organization the opportunity to meet with the governing body 132 or the boards and commissions. (b) In cases of emergency when the governing body or the designated boards and commissions determine that an ordinance, rule, resolution, or regulation must. be adopted immediately without prior notice or meeting with a recognized employee organization, the governing body or the boards and commissions shall provide notice and opportunity to meet at the earliest practicable time fallowing the adoption of the ordinance, rule, resolution, or regulation. (c) The governing body of a public agency with a population in excess of 9,000,000, or the boards and commissions designated by the governing body of such a public agency shall not discriminate against employees by removing or disqualifying them from a health benefit plan, or otherwise restricting their ability to participate in a health benefit plan, on the basis that the employees have selected or supported a recognized employee organization. Nothing in this section shall be construed to prohibit the governing body of a public agency or the board or commission of a public agency and a recognized employee organization from agreeing to health benefit plan enrollment. criteria or eligibility limitations. 3505. The governing body of a public agency, or such boards, commissions, administrative officers or other representatives as may be properly designated by law or by such governing body, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of such recognized employee organizations, as defined in subdivision (b) of Section 3501, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. "Meet and confer in good faith" means that a public agency, or such representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the, adoption by the public agency of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses where specific procedures for such resolution are contained in local rule, regulation, or ordinance, or when such procedures are utilized by mutual consent. 3505.1. If agreement is reached by the public agency and a recognized employee employee organizations, they shall join memorandum of such understanding, which present it to the governing body or its determination. representatives of the organization or recognized tly prepare a written shall not be binding, and statutory representative for 3505.2. If after a reasonable period of time, representatives of the public agency and the recognized employee organization fail to reach agreement, the public agency and the recognized employee 133 organization or recognized employee organizations together may agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation shall be divided one-half to the public agency and one-half to the recognized employee organization or recognized employee organizations. 3505.3. Public agencies shall allow a reasonable number of public agency employee representatives of recognized employee organizations reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the public agency on matters within the scope of representation. 3505.9. If after meeting and conferring in good faith, an impasse has been reached between the public agency and the recognized employee organization, and impasse procedures, where applicable, have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law. 3506. Public agencies and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against public employees because of their exercise of their rights under Section 3502. 3507. (a) A public agency may adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employee organization or organizations for the administration of employer-employee relations under this chapter. The rules and regulations may include provisions for all of the following: (1) Verifying that an organization does in fact represent employees of the public agency. (2) Verifying the official status of employee organization officers and representatives. (3) Recognition of employee organizations. (9) Exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself or herself as provided in Section 3502. (5) Additional procedures for the resolution of disputes involving wages, hours and other terms and conditions of employment. (6) Access of employee organization officers and representatives to work locations. 134 (7) Use of official bulletin boards and other means of communication by employee organizations. (8) Furnishing nonconfidential information pertaining to employment relations to employee organizations. (9) Any other matters that are necessary to carry out the purposes of this chapter. (b) Exclusive recognition of employee organizations formally recognized as majority representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of recognition. (c) No public agency shall unreasonably withhold recognition of employee organizations. (d) Employees and employee organizations shall be able to challenge a rule or regulation of a public agency as a violation of this chapter. This subdivision shall not be construed to restrict or expand the board's jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive, of Section 3509. 3507.1. (a) Unit determinations and representation elections shall be determined and processed in accordance with rules adopted by a public agency in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required. (b) Notwithstanding subdivision (a) and rules adopted by a public agency pursuant to Section 35G7, a bargaining unit in effect as of the effective date of this section shall continue in effect unless changed under the rules adopted by a public agency pursuant to Section 3507. (c) A public agency shall grant exclusive or majority recognition to an employee organization based on a signed petition, authorization cards, or union membership cards showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party selected by the public agency and the employee organization who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status cf the employee organization. In the event the public agency and the employee organization cannot agree on a neutral third party, the Division of Conciliation of the Department of Industrial Relations shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. In the event that the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status. 3507.3. Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a 135 . professional employee organization consisting of such professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the Division of Conciliation of the Department of Industrial Relations for mediation or for recommendation far resolving the dispute. "Professional employees," for the purposes of this section, means employees engaged in work rec;tiiiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists. 3507.5. In addition to those rules and regulations a public agency may adopt pursuant to and in the same manner as in Section 3507, any such agency may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the public agency and restricting such employees from representing any employee organization, which represents other employees of the public agency, on matters within the scope of representation. Except as specifically provided otherwise in this chapter, this section does not otherwise limit the right of employees to be members of and to hold office in an employee organization. 3508. ia) The governing body of a public agency may, in accordance with reasonable standards, designate positions or classes of positions which have duties consisting primarily of the enforcement of state laws or local ordinances, and may by resolution or ordinance adopted after a public hearinc, limit or prohibit the right of employees in these positions or classes of positions to form, join, or participate in employee organizations where it is in the public interest to do so. However, the governing body may not prohibit the right of its employees who are full-time "peace officers," as that term is defined in Chapter 9.~ (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, to join or participate in employee organizations which are composed solely of those peace officers, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization. (b) (1) This subdivision shall apply only to a county of the seventh class. (2) For the purposes of this section, no distinction shall be made between a position designated. as a peace officer position by Chapter 9.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a welfare fraud investigator or inspector position designated as a peace officer position by any amendment to that Chapter 9.5 at any time after the enactment of the 1971 amendments to this section. • (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 136 7 Ca1.App.9th 602, 611, with respect to San Bernardino County designating a welfare fraud investigator or inspector as a peace officer under this section. (c) (1) This subdivision shall apply only to a county of the seventh class and shall not become operative until it is approved by the county board of supervisors by ordinance or resolution. (2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 9.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a probation corrections officer position designated as a peace officer position by any amendment to that Chapter 9.5 at any time after the enactment of the 1971 amendments to this section. (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 7 Ca1.App.9th 602, 611, to the extent that it holds that this section prohibits the County of San Bernardino from designating the classifications of Probation Corrections Officers and Supervising Probation Corrections Officers as peace officers. Those officers shall not be designated as peace officers for purposes of this section unless that action is approved by the county board of supervisors by ordinance or resolution. (9) Upon approval by the Board of Supervisors of San Bernardino County, this subdivision shall apply to petitions filed in May 2001 by Probation Corrections Officers and Supervising Probation Corrections Officers. (d) The right of employees to form, join and participate in the activities of employee organizations shall not be restricted by a • public agency on any grounds other than those set forth in this section. 3508.1. For the purposes of this section, the term "police employee" includes the civilian employees of the police department of any city. Police employee does not include any public safety officer within the meaning of Section 3301. (a) With respect to any police employee, except as provided in this subdivision and subdivision (d), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 2002. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the police employee of its proposed disciplinary action within that year, except in any of the following circumstances: (1) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (2) If the police employee waives the one-year time period in writing, the time period sha].1 be tolled for the period of time . specified in the written waiver. (3) If the investigation is a multijurisdictional investigation 137 • that requires a reasonable extension for coordination of the involved agencies. (9) If the investigation involves more than one employee and requires a reasonable extension. (5) If the investigation involves an employee who is incapacitated or otherwise unavailable, the time during which the person is incapacitated or unavailable shall toll the one-year period. (6) If the investigation involves a matter in civil litigation in which the police employee is named as a party defendant, the one-year time period shall be tolled while the civil action is pending. (7) If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled durinc the period of that defendant's criminal investigation and prosecution. (8) If the investigation involves an allegation of workers' compensation fraud on the part of the police employee. (b) When a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter. (c) If, after investigation and predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the police employee in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the police employee is unavailable for discipline. (d) Notwithstanding the one-year time period specified in subdivision (a), an investigation may be reopened against a police employee if both of the following circumstances exist: (1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation. (2) One of the following conditions exists: (A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. (B) The evidence resulted from the police employee's predisciplinary response or procedure. 3508.5. (a) Nothing in this chapter shall affect the right of a public employee to authorize a dues or service fees deduction from his or her salary or wages pursuant to Section 1157.1, 1157.2, 1157.3, 1157.9, 1157.5, or 1157.7. (b) A public employer shall deduct the payment of dues or service fees to a recognized employee organization as required by an agency shop arrangement between the recognized employee organization and the public employer. (c) Agency fee obligations, including, but not limited to, dues or agency fee deductions on behalf of a recognized employee organization, shall continue in effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of any agreement between the public employer and the recognized employee organization. 3509. (a) The powers and duties of the board described in Section 3591.3 shall also apply, as appropriate, to this chapter and shall 138 include the authority as set forth in subdivisions (b) and (c). Included among the appropriate powers of the board are the. power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a public agency has no rule. (b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to Section 3507 or 3507.5 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter. (c) The board shall enforce. and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections. (d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter. (e) This section shall not. apply to employees designated as management employees under Section 3507.5. (f) The board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the board's jurisdicticm or authority as set forth in subdivisions (a) to (c), inclusive. 3509.5. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, and any party to a final decision or order of the board in a unit determination, representation, recognition, or election matter that is not brought as an unfair practice case, may petition for a writ of extraordinary relief from that decision or order. A board order directing an election may not be stayed pending judicial review. (b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over the county where the events giving rise to the decision or order occurred. The petition shall be filed within 30 days from the date of the issuance of the board's final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the beard and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk's notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, 139 • modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a board decision or order has expired, the board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board's final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order. • 3510. (a) The provisions of this chapter shall be interpreted and applied by the board in a manner consistent with and in accordance with judicial interpretations of this chapter. (b) The enactment of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to public employees. 3511. The changes made to Sections 3501, 3507.1, and 3509 of the Government Code by legislation enacted during the 1999-2000 Regular Session of the Legislature shall not apply to persons who are peace officers as defined in Section 830.1 of the Penal Code. i 140 • SARATOGA CITY COUNCIL MEETING DATE: September 5, 2007 AGENDA ITEM: 8 ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DEPT HEAD: John Cherbone SUBJECT: Approval of User Agreements with AYSO and CYSA for West Valley College Play Fields RECOMMENDED ACTION(S): Approve User Agreements (Attachments I & 2) with American Youth Soccer Organization (AYSO) and California Youth Soccer Association (CYSA) for West Valley College play fields for organized sport use and authorize the City Manager to execute the same. REPORT SUMMARY: Back round: At the September 6, 2006, City Council Meeting, the Council approved a Joint Use Agreement with West Valley College (Attachment "A" to Attachments l & 2) for Sunday games at two of their play fields. The addition of these two Sunday game fields creates opportunities to spread out weekend game activity. These opportunities will enable the City to eliminate Sunday game activity at El Quito Park. Elimination of Sunday games at EI Quito will reduce wear and tear on the turf and will allow user groups to capture an additional day of practice time increasing from 4 days a week to 5 days a week. Discussion: Over the last couple of months AYSO and CYSA worked together to develop a Sunday fall use schedule for West Valley College by sharing information and field resources (Attachment "B" to Attachments 1 & 2). The user agreements for West Valley College are very similar to the user agreements the City has executed with the various youth sport user groups for Prospect High School and City owned parks. According to the fall use schedule 36 hours are resewed for AYSO and 68 hours are reserved for CYSA for a total of 104 hours. The College has the right to reserve up to three Sundays, which tat will be accounted for by reducing the time available for the user groups. This issue will be worked out with the College and the user groups prior to the beginning of the fall season. The agreement between the City and the College stipulates a payment to the College for hourly usage of the West Valley College play fields. The hourly rate of $35 will be a pass through via the youth sports groups with whom the City will have agreements. Administrative and City labor costs and rental of the portable restroom will be borne by the user groups. In addition, 17% of the yearly cost for major maintenance items is included in the user group fee schedules. (Attachment "C" to Attachments l & 2). It is therefore recommended that Council approve User Agreements with AYSO and CYSA for West Valley College play fields. FISCAL IMPACTS: Approximately $7,141 in annual revenue and expense. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The User Agreements would not be approved and another mechanism for the use of West Valley play fields would need to be developed. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The User Agreements will be executed. ADVERTISING, NOTICING AND P17BLIC CONTACT: Posting of the agenda. ATTACHMENTS: 1. User Agreement: AYSO 2. User Agreement CYSA • 2 of 2 142 ATTACN'~'IENT l AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT ("Agreement"), dated , by and between the CITY OF SARATOGA, a municipal corporation ("City"), and AMERICAN YOUTII SOCCER ORGANIZATION', ("User Group"), is made with reference to the following facts: A. The West Valley-Mission Community College District ("District") is the owner of an educational facility, located on Fniitvale Avenue, known as West Valley College ("the College"), in which the District has constructed facilities, including play fields that are the subject of this agreement and shown on Exhibit "A". B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises ("Joint Use Agreement"), which is attached hereto as Attachment "A." The Joint Use Agreement allows City to use the College's play fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the play fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College's play fields, provided User Group agrees to comply with City's obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City's right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College's play fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the play fields shown on Exhibit "A" to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment "B," and at any other dates and times as maybe mutually agreed upon, and memorialized in writin;;, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College's play fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the connnencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the play fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User • Group shall not use the terms "West Valley College", "West Valley-Mission Community Page 1 of 7 143 College District", or similar terms in its name or the name of any team or club affiliated with User Group. 2. Responsibilities of User Group. User Group may use the College's play fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to„ being responsible for: (a) Cleaning up of litter and debris after each use of the play fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in apre-season inspection of the play fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the play fields. (e) Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f) Prohibiting sale of food or liquids of any kind on College grounds. 3. Responsibilities of City. (a) Making arrangements with User Group for apre-season inspection of the play fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portab]e restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the College's play fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attaclunent "C," for each season during the term of this Agreement. Such service charge shall be due and payable on or belore July 1. 5. Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the play fields, including, but not limited to, regulation of field use .and imposing field "rest" periods during the season or use period, which is contingent upon the condition of the fields as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the fields. Page 2 of 7 taa • 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a "Weather Hotline" telephone number for recorded inforn~ation regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his (her) City employee designee determination, a sign will be posted at the park stating "Field Closed Today". Any closed field maybe used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that [he field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director's determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: 1 S` Penalty during season: No use of College for up to one week. 2"a Penalty during season: No use of College for up to one month. 3`a Penalty during season: I~To use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (] 0) days of User Group's receipt of City's request for payment, the Director of Public Works may suspend User Group's ability to use College until such time as payment is made. 8. Indemnification of City.. User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and al] damages to College (including any facilities therein) directly or indirectly resulting from User Group's use of the College. 9. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group's use and maintenance of the College, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance, User Group shall maintain limits no less than: • Page 3 of 7 145 • 1. General Liability: 52,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation where required by California Labor Code'Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other ]nsurance Provisions. 'The policies are to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, it:; officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group's insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its • officers, officials, employees or volunteers shall be excess of User Group's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) • Page 4 of 7 146 • days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: V1I. (d) Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terns of this Agreement, and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities • described in Exhibit "A" to the Joint Use Agreement. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2008. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City's policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. I2. Notices. All notices or communication concerning a Party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carver indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Page 5 of 7 tai • Name: Street: City, State, Zip: Telephone: Fax: Notices to City shall be sent to: Name: Street: City, State, Zip: _ Telephone: Fax: ] 3. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. • IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. • CITY OF SARATOGA AMERICAN YOUTH SOCCER ORGANIZATION By: By: Dave Anderson, City Manager Date: (insert Name], [insert title] Date: Attest: ~ APPROVED AS TO FORM: t Cathleen Boyer, City Clerk ~ Date: [Insert Name) Date: I Page 6 of 7 148 • • i Approved as to Form: Richard Taylor, City Attorney Date: Page 7 of 7 gas Attachment A AGREEMENT CONCERNING JOINT USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal cortroration ("City"), and WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT, ("District"), is made with reference to the following facts: A. The District is owner of an educational facility, located on Fruitvale Avenue, known as West Valley College District ("the College"), in which the District has constructed facilities, including the play fields and parking areas that are the subject of this agreement and shown on Exhibit "A". B. City and District desire 1:o execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the play fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: • 1. Term of Agreement. This Agreement shall become effective upon execution by the parties for an initial term of five (5) years and shall be renewed on the same conditions for an additional term of five(5) years (Education Code 81423). 2. Time and Terms of Use. a. During the term of this Agreement the City shall have the right to use the parking areas and play fields shown on Exhibit A on the days and times shown on Exhibit B and at such other days and times as may be inutually agreed upon by District and City, as long as such City use does not interfere with educational use by the District of the parking areas and play fields. b. Each year, the City shall inform the District as to (a) the anticipated specific starting and ending dates of its use of the play fields and (b) the schedule for games and practices during the use periods shown on Exhibit B. Such notice shall be furnished by the City at least thirty (30) days prior to the commencement of the use period and shall be adopted unless the City scheduled use of the parking areas and play fields interfere with the District's educational use of these facilities. If the City proposes use periods in addition to those shown on F,xhibit B, the City and District shall memorialize their agreement on mutually agreeable dates in the form of a letter agreement signed by the City Public Works Director (or the Director's desi~lee) on • Page 1 of 7 151 behalf of the City and the Vice President of Administrative Services (or the Vice President's designee) on behalf of the District. c. During scheduled games and practices the City shall be entitled to the exclusive use of the play fields and shared use of the parking areas. Use of the parking area shall be subject to regular parking regulations and fees except that there shall be nine (9) designated short-term, no fee parking spaces designated for City use and a number of no fee special use parking permits issued to the City far distribution to coaches and officials of soccer user teams. At all other times, the play fields remain open for use by the District. City may authorize use of the play fields and parking areas pursuant to this Agreement by private user groups ("Users") operating pursuant to a City permit or agreement only if such use by private user groups is scheduled by the City in Exhibit B. 3. Field Improvements and Facility Rental Credit. City shall instal] sand channel drainage improvements at both play fields and widen Grass Play Field #2 shown on Exhibit A to a width of 195 feet. Construction of these improvements shall commence after January 1, 2007 with an estimated completion date of April 1, 2007 and shall be completed no later than June 1, 2007. The estimate cost of these improvements is ~2~0,000. Following completion of the improvements City shall provide District with a statement documenting the actual cost • ("Improvement Cost"). District shall provide City a credit in the amount of seventy-five percent (75%~) of the Improvement Cost which credit maybe applied by City towards the cost of renting District facilities (e.g., tennis courts, conference rooms, etc. exclusive of personnel costs) other than the play fields and parking areas that are the subject of this agreement. Rental credits shall be used within the term of this Agreement. 4. Responsibilities of City. City shall be responsible for the following: a. Construction of the improvements described in section 3. b. Providing portable restroom facilities (including scheduled sanitation service) for use by Users. These facilities shall be locked following each use of play fields and unlocked at the commencement of each use unless other use is requested by the District. c. Advise the District as requested regarding field maintenance procedures. d. Make equipment and personnel available to assist District with field maintenance (e.g., thatching, core aeration and plug pickup, slit aeration, seeding field, dethatching, and top dressing) at times when equipment and personnel are not required for City projects. • Page 2 of 7 152 • e. Clean up of litter and debris after each use of the fields and parking areas and deposit of all garbage in District trash containers located at the play fields. f. Prepare fields for use prior to each practice and game (e.g., lining of fields, relining following mowing, adjustment of goal locations, etc.). g. Making arrangements with District for a preseason inspection of the play fields at least 30 days prior to the beginming of the use period. City and District shall mutually develop a schedule of proposed maintenance activities and related down times at this preseason meeting. h. Field use monitoring at regular intervals during use periods. i. During periods of inclement weather, City or the District shall cancel activities if it has rained in the past 24 hours or if the play fields, as determined by the Director of Public Works in consultation with the District, are deemed to be in an unplayable condition at activity time. The City will post signage at each field stating "Field Closed Today". j. Unauthorized use of the play fields by private user groups operating pursuant to a City permit or agreement may result in a penalty as determined by the City as follows: • 1 S` Penalty during season: No use of play fields for up to one week. 2na Penalty during season: No use of play fields for up to one month. 3`a Penalty during season: No use of play fields for up to the remainder of the season. 5. Responsibilities of District. District shall be responsible for the following: a. Field set up and maintenance including, but not limited to, field mowing, irrigation and maintenance of the field irrigation system. b. Removal of trash from the trash containers located at the play fields and clean up of any litter and debris on play fields preceding use of play fields by City. c. Attending apre-season meeting with City for a preseason inspection of the play fields at ]east 30 days prior to the beginning of the use period. d. Providing the District facility rental credit as described in section 3 G. Service charge. a. In consideration for the exclusive use of the play fields and the inkind value of maintenance assistance by the District, the City shall pay a service charge to • the District in the amount of $35 per hour or portion thereof that the Page 3 of 7 153 • playfields are used by City or City authorized private user groups. Play field charges shall not apply to days cancelled due to inclement weather. No other group shall pay less than the City for use of the same play fields. b. City shall pay an estimated service charge each year no later than July 1 based on the estimated use level expected between July 1 and the following June 30. The estimated service charge shall include a credit for any excess payments made for the prior year and shall include an additional payment for the amount of any charges incurred beyond the estimate for the prior year. 7. Legal Responsibility/Insurance. a. Neither the District nor any officer or employee thereof shall be responsible for any damage or liability occumng by reason of anything done or omitted to be done by City under or in connection with any action or inaction of City in connection with its management or its permitees or use of the property described in Exhibit .A of this Agreement. Pursuant to Government Code 895.4, City shall fully defend, indemnify, and save harmless District from all suits, claims or actions of every name, kind and description brought on for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by City or its permitees in their use of the property described in Exhibit A of this Agreement. • b. Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by District under or in connection with any action or inaction of District in connection with its management or use of the property described in Exhibit A of this Agreement. Pursuant to Government Code 895.4, District shall fully defend, indemnify, and save harmless City from all suits or actions of every name, kind and description brought on for or on account of injury (as defined in Government Code section 810.8) occumng by reason of anything done or omitted to be done by District or its permitees in their use of the property described in Exhibit A of this Agreement. c. Each party shall maintain public liability insurance, including "self-insurance" or its equivalent with limits of not less than two million dollars ($2,000,000) Combined Single Limit Bodily Injury on occurrence form which insurance shall be primary and not contributing with any other insurance, self insurance, or reinsurance in effect for the other party. City and District each waive the rights of subrogation that may arise against the other due to any act covered by insurance. District and City shall provide each other with Certificates of Insurance, naming the other as additional insured under their respective policies to the extent that the conduct giving rise to the claim is the responsibility of the other party under the terms of this Agreement. Each Party shall promptly notify the other of any claim or of any occurrence which • the Party reasonably believes may give rise to a claim against either Party Page 4 of 7 154 arising out of the administration or management of the facilities or the programs conducted by City at the property described in Exhibit A. 8. Contract Administration. a. This Agreement shall be administered on behalf of City by the Public Works Director. b. This Agreement shall be administered on behalf of District by the Vice President of Administrative Services. 9. Termination. In accordance with Education Code section 81378.1(c), the District may terminate this agreement after 60 days' notice if the District determines at any time during the term of the agreement that the space subject to this agreement is needed for academic activities. District may also terminate this agreement in the event of a material breach by City which breach has not been cured by City within 90 days of notice from District of the breach. Notwithstanding any termination the facility rental credit established by Section 3 shall remain in effect until exhausted. In the event of early termination of this agreement by the District, unused facility rental credits shall remain in force as per otherwise provided by this Agreement. • 10. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Noiices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 With a copy to: City Clerk City of Saratoga 13777 Fruitvale Avenue • Saratoga, CA 95070 Page 5 of 7 155 • SARATOGA CITY COUNCIL MEETING DATE: September 5, 2007 DEPARTMENT: Public Works AGENDA ITEM: 9 CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolutions. RECOMMENDED ACTIONS: 1. Move to adopt the Motor Vehicle Resolution authorizing a red curb on Saratoga Avenue. 2. Move to adopt the Motor Vehicle Resolution authorizing Big Basin Way 3. Move to adopt the Motor Vehicle Resolution authorizing "No Stopping or Parking Anytime" on Herriman Avenue. • REPORT SUMMARY: 1. Red Curb on Saratoga Avenue A resident on Saratoga Avenue came before the Traffic Safety Commission (TSC) on August 9, 2007 requesting a red curb on Saratoga Avenue to the west of her driveway. The Council had recently approved red curbs at the entrance to Sara Park Circle, and as a result traffic began parking further up Saratoga Avenue and blocking the safe site distance required to exit this driveway safely. The Traffic Engineer and the TSC reviewed the request and recommended that 20 feet of red curb be painted on Saratoga Avenue to west of the driveway at 12650 Saratoga Avenue. In order to enforce the new red curb, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. 2. Red Curb on Big Basin Wav The City received a request to review the visibility of pedestrians entering the crosswalk on the north side of the street at 5`h Street and Big Basin Way. The Traffic Safety Commission and the Traffic Engineer reviewed the request at their August 9, 2007 meeting. There are two 15-minute parking spaces in front of the "French Laundry" on Big Basin Way, and if a car is parked in the first space, it blocks a driver's ability to see a pedestrian entering the crosswalk. The TSC recommended painting a red curb to replace the first 15-minute space, and to compensate for the loss of this short term parking, convert one 2-hour parking space to a 15-minute space. To enforce the new red curb and conversion of a 2-hour parking space to a 15-minute limit, the City Council needs to adopt the attached Motor Vehicle Resolution. 177 • 3. "No Stoppingor Parking " on Herriman Avenue At the April 4, 2007 City Council meeting, the Council gave direction to staff to have the TSC review safety and traffic issues surrounding Saratoga High School. The TSC reviewed a plan presented by the Traffic Engineer at the June 7, 2007 meeting. As a result of the meeting the TSC made several recommendations: ]. 2 raised crosswalks -at Lexington and Saratoga Vista, and bulb out on Herriman at Lexington. 2. Continuous sidewalk on south side (school side) of Herriman, bike lanes on both sides of Herriman, and the elimination of parking if needed. 3. Safe passage (walkways) on Saratoga Avenue from Herriman to Crestbrook in both directions. 4. Enforcement of the "No Stopping or Parking" on Lexington. Currently the restriping of the bicycle lanes on Herriman has remained on hold until the development and review of a safety plan for Herriman had been established. If the Motor Vehicle resolution is approved staff would immediately move forward with the restriping of the new bicycle lanes on Herriman. The remaining recommendations made by the TSC would be brought forward to be included in this fall's Capital Improvement Program. Parking restrictions on the north side of Herriman Avenue from Saratoga Vista to Saratoga Avenue would need to be established to implement the Traffic Engineer's plan for bicycle lanes on both sides of the street. Letters were sent on August 17, 2007 to the affected residents on Herriman • Avenue informing them of the proposed parking restriction, and email responses to the notification are attached. In order to enforce the new "No Stopping or Parking", it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: For each location, approximately $250 in labor and materials is required for the City to install signs or paint the curbs red. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolutions would not be adopted and traffic conditions would continue as is. ALTERNATIVE ACTION(S): Nonc. FOLLOW UP ACTION(S): The signs will be installed, red curbs will be painted, and the Sheriff's Department will be notified of the new restrictions. 2 of 3 178 ADVERTISING, NOTICING AND PUBLIC CONTACT: A letter was sent on August 17, 2007 to the affected residents on Herriman Avenue informing them of the proposed parking restriction. ATTACHMENTS: 1. Motor Vehicle Resolution authorizing a red curb on Saratoga Avenue 2. Map 3. Motor Vehicle Resolution authorizing a red curb on Big Basin Way 4. Map 5. Motor Vehicle Resolution authorizing "No Parking or Stopping" on Herriman Avenue 6. Map 7. Herriman Striping Plan 8. Letters from residents u 3 of 3 179 • The City Council of the City of Saratoga hereby resolves as follows: RESOLUTION RESTRICTING PARKING ON SARATOGA AVENUE r~ ICJ Section L Based upon an engineering and traffic study, the following parking restrictions shall be designated on Saratoga Avenue: NAME OF STREET DESCRIPTION RESTRICTION Saratoga Avenue Red curb starting at the southwest No Parking corner of the driveway at 12650 Saratoga Avenue (APN: 386-14-023) and continuing south for 20 feet. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 5th day of September, 2007, by the following vote: RESOLUTION NO. MV- AYES: NOES: ABSENT: ATTEST: Aileen Kao, Mayor Cathleen Boyer, City Clerk 180 12650 Saratoga Avenue Parking Restrictions Requested Red Curb 0 25 50 100 150 200 Feet N RESOLUTION NO. MV- RESOLUTION RESTRICTING PARKING ON BIG BASIN WAY The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following parking restrictions shall be designated on Big Basin Way: NAME OF STREET DESCRIPTION RESTRICTION Big Basin Way Red curb starting at the northeast No Parking corner of Big Basin Way at 5"' Street and continuing north for 20 feet in front of 14577 Big Basin Way (APN: 503-25-008). Replacing a 2-hour parking in front of 14577 Big Basin Way (APN: 503-25-007 with a 15-minute limit arkin . This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 5th day of September, 2007, by the following vote: AYES: NOES: ABSENT: ATTEST: ~~ Aileen Kao, Mayor Cathleen Boyer, City Clerk ts2 14577 Big Basin Way Parking Restriction Original 15-Minute Parking to be Changed to a Red Curb Original 2-Hour Parking to be Changed to 15-Minute Parking ~. ,~ ~ ~~ 'gt, a . asa d~ ~4 ni ~ rn a~i~fli ~~` ~~ Ii ,"a "~~ ~~ ~' ~' ~ ~ ~`i ~~, w a~~,~j~kit'~ i ~S~.i~ ~t ~r t~th. 1(i "..~ ~C sGm) np "} ti"`.'.,. s~roi~p "~W~~a°- a~;~ a o-~ i~ Gc `~, i ';:~ k ~ ~i~i ~ ~,~ r~ r I I .., m ~ A$b G, i .,} .v w b ~ ~ ~ ~ ~ W ~ i }~.~.5 ?. ;k i S i~ td ~~ ~i ~y~ v yfl N u .6'rt. tI rKW $d 9 `rz ~.~. TnL++~E ~ ~" ~~1 4 ~`~ F A[ F~ ii a s.~ ' C „s~ i s ~ I a t$~ ~~ ~ ~ i n IG' r ~i b ~: ,~ d + ,.~ r ~~ & atl a a"a K S t i o i - ii 4" ~"Nr a l 4r~ M 9P`" ~n ~~' 6 I ~, 4~ ~ +C '"+aM I~ ~ ,f' ~l "~3°' a. sip i i n s~ V ~~i {~, '"'$ t ~i :k"' ~.,1 ^'a'~ ' ,,* ~, ii. w f ~~~t~ .~ a~ r i ~ a i~'~.~ ~~ ~~ ~ •~,~~ ~ 9~'" ~ b9 c '.r Q ~ b ~aaa ;y ~ rr~ ~ ¢p.` i6~~(ra~~roh 9 ~~e< i 9p ~ "~ § ~'.ry ~~ ~ i ~" 0 12.5 25 50 75 100 Feet RESOLUTION NO. MV- RESOLUTION RESTRICTING PARKING ON HERRIMAN AVENUE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following parking restrictions shall be designated on Herriman Avenue: NAME OF STREET DESCRIPTION RESTRICTION Herriman Avenue "No Parking or Stopping Anytime" No Parking or Starting at the northwest corner of Stopping Anytime Herriman Avenue where it meets Saratoga Vista (20121 Herriman, APN: 393-43-011) and continuing west ending at the corner of Herriman Ave;nue where it meets Saratoga Avenue. This resolution shall become effective at such time as the signs and/or markings are installed. • The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 5th day of September, 2007, by the following vote: AYES: NOES: ABSENT: ATTEST: Cathleen Boyer, City Clerk Aileen Kao, Mayor 184 185 Herriman Avenue Parking Restriction Requested Parking Restriction .-. a ~ ,oa ~o ~o ~o N Feet • • MO139 33S - 3NIlHO1VW ~ e a ~r ~ ~ ~~ ~ _ ;a '4 ~ g -- l - I1 \ I Z 133HS 33S - 3NIlHO1VW \ ~ z a % ~ ¢ ~ . a ~~..77 4 i I ~ P U I 1 _ ~ ___ ., - a .,, , ~ 3n~ 1NOwnv3a s~ ~.._..~ ..-_~ ~ ~ a z~, Z ~ ~ i o ~~ $~ ~ w w ~ t _1 co _.._- ~ ~- ~ _ U xU O .... ... .- ~ ~ ° ~ ~ _ a _ ~ - ~s _..._ ~ ~a :. « ey ay~ y t ~ -- ` 'aIC HCNV2i 2137~IiJ \ ~ \\ ' -_. ~ ~l ~ ~ V ~ ' E# 1 I I I i I ~, - ~. m ~ ~ i ~ 111 ~..... ~~ E~ ~B r .Mb 3AV V1SIr\ ~ .$ ' .. ~_._. VOO1VaVS 70 NOIJNIX~I_` I i ~ ~ ~ ,_ _~ 'M MOIIOH ~iVO r_ g / ~I 3 I ~ g 3 ... 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"i pp f ~ ~• i d g ~~ ~ i 5 `' ~ ~ ! ~~ ~ } f 2 "~Ji'r°° Kristin Borel "rom: Ray Glasstone [RGLASSTO@yahoo.com] Sent: Saturday, August 18, 2007 1:09 PM To: Kristin Borel Subject: Parking restrictions on Herriman Hi Kristin, I have jsut received a notice about parking restrictions on Herriman from Saratoga Vista to Saratoga Avenue. I live at 19935, which is on the corner of Saratoga and Herriman. As tar as know there have been no accidents involving pedestrians on the part of Herriman Avenue for at least the past 3 years. please would ynu explain how a side walls on the North side of Herriman avenue will improve this record? Also, if there is no parking allowed on the north and soudl sides of Herriman, where are vistors to my house and contractors expected to park? It would appear that this parking restriction severely impacts residents along this stretch of Herriman Avenue, devalues property prices and brings little or no benefit t~ traffic safety. Ray • • 189 Kristin Borel erom: Joe Fanali [jfanaii@yahoo.com] Sent: Sunday, August 26, 2007 12:59 PM To: Kristin Borel Subject: New Parking Restriction on Herriman 08/24/07 Re: lyew Parizing Restriction on Herriman Kristin: Thanl; you Eor allowing us to discuss our concerns about the new proposed parking restrictions on Herriman Ave. We live at 13811 Beaumont Ave., on the corner of Herriman Ave. Our side yard. is part of the proposed parkin; restriction. We would like to explain how disruptive this would be to us. We have built a large door in our fence on the Hen-iman side of our property to allow access to the back yard. All of the house services are on that side of the house, air conditioning, gas and electric meters, garbage collection, and most importantly full access to our backyard and swimming pool.. THIS DOORWAY ON THE HERRIMAN S1DE OF OUR YARD PROVIDES THE Oi\LY CLEAR ACCESS TO T HE BACKYARD. THE PARKING RESTRICTIONS WOULD PROHIPIT THE USE OF THIS DOORWAY. •.ithough no one ever parks overnight on the road where the new restrictions are proposed, We frequently park there to unload our car. We routinely bring in fertilizer, plants, rocks, swimming pool supplies, lawn furniture, ect. Over the past three years we have done several remodeling projects on our house. It was very convenient for the contractors to park their trucks on Herriman and use the side door to bring in their tools and materials. What happens when we need to resurface or repair our swimming pool (it's over 25 years old)? Without access from the Herriman side doorway it would be impossible for the water trucks to refill my pool. We are a corner lot and the front yard is a hill, so the side is our only level access to our home. We are not opposed to the parking restrictions further down the road. We agree this narrow and winding area is a dangerous part of Herriman. We only oppose the restrictions at 13811 Beaumont Ave. We question why you need to restrict parking on the 20121 Herrman and L3811 Beaumont strip. [t seems excessive. There is no problem for visibility for pedestrians and bikers on this section of the road. It is a wide, straight, open area. Kristin, all we ask is for you to visit our house for 5 minutes and you will see exactly how disnuptive the parking restrictions on our property will be to us. ~incerely yours, Joe and Ruth Fanali 190 P.S. ~~e are also questioning why you are allowing parking on the Norch side of Herriman further West in front ~f the Saratoga High School. This is highly congested when school gets out and the visibility is Limited. Luggage? GPS? Comic books? Check out Fitting gifts for grads at Yahoo! Search http://search.yahoo. com/search?fr=oni_on_mail~stp=graduation~gifts~cs=bz 191 Kristin Bores ~rom: DCosta, Carl [carl.dcosta@hp.com) Sent: Monday, August 27, 2007 8:02 PM To: Kristin Bores Subject: New Parking restriction on Herriman Dear. Kristin: First, thank you For the concern for pedestrian safety on Herriman ave. ~>l~e have lived nn the northern side of the sheet for 10 years now (19970 and have the same objectives, but wanted to point out a Eew things that may help solve the problem, which) am not sure your proposal currently does. Here's some things to consider. - ~~~itnessing this day in and day out, the biggest problem in my opinion is speeding cars that cut into the parking lane as they speed around the curves. My recommendation For one is to have additional speed limit suns on both side of the street. Currently we have just 1 on each side. - I «~ill go further to say is that my witness is that parked cars in front of our home nn 19975 actually deters speeders from taking the curve at high speed and slows them down when they see a parked car in the parking lane. - If you still decide for other reasons to go ahead. with your plan (please ensure severe fuses with high patrolling for cutting into a bike or parking lane, since that is the main problem. - Another thought is to limit the no parking to between 7-Spm, Monday to Friday. am happy to speak in more detail in this. My cell is 408-621-5354. Regards, Carl Carl DCosta Hewlett-Pacl.ard Wotlchwide Director of Alliances Office: 408-447-8978 192 Page 1 of 1 • Kristin Borel From: Ray Cosyn [ray.cosyn@sbcglobal.net] Sent: Tuesday, August 28, 2007 3:15 PM To: Kristin Borel Subject: Herriman Av. Kristin, it was pleasure talking to you about safety on Herriman avenue. I live just off of Herriman on River Ranch Circle (13850 River Ranch). I am an avid cyclist and walker. I did not understand why the city reset the centerline of the street about 5 years ago. When they did, it created a major safety issue for pedestrians and cyclists on the south side of the street. The lane that was there, and looks as if it may reappear, is about three feet wide. When children walk up that section of street that leads up the hill looking west, they have to be watchful of cars coming in the opposite direction. The cars in order to prevent hitting a pedestrian have to cut across the double yellow line. It is especially harrowing when the new large refuge containers are left out in the lane. This forces pedestrians to have to not only dodge cars but but stand behind the container until the car has passed. We need to put the centerline back where it belongs, in the middle of the street. This will enable adequate bike/pedestrian lanes on both sides of Herriman. Regarding speed bumps on Herriman. I would ask that the traffic engineers be aware that speed bumps are an anathema to cyclists. The speed bump should not cover the bike lane. Please feel free to call on me to support bicycle safety in Saratoga as well as safety improvements on Herriman. Ray Cosyn 408-741-1868 • • ~/2~4/~~~~ 193 Page 1 of 1 Kristin Borel From: Bill Dougherty (billdougherty@yahoo.com] Sent: Tuesday, August 28, 2007 3:49 PM To: Kristin Borel Gc: Bill Dougherty; Kathy Dougherty Subject: suggestions l~ristin, It was a pleasure speaking with you today regarding the proposed changes to Herriman Avenue beriveen Saratoga Vista and Saratoga Avenue. My concerns are: 1. The elimination of parking at my end of Herriman Avenue. This will result in our house guests parking on Jerries Drive and walking to our home on Herriman. Not a pleasant thought. It seems to me to be a little bit hypocritical to eliminate parking on Herriman down at our end to increase safety for the kids and NOT eliminate parking as Herriman nears the high school. 2. Too many folks speed around the Herrman bend. On four or five occasions drivers have lost control of their cars and crashed into my fence. Why not be really safe and put speed bumps around the bend to • slow drivers down? Respectfully submitted, 13111 a~~d Kathy Dougherty 19980 Herriman Avenue Saratoga, CA 95070 • si2si2oo7 194 Kristin Borel ~rom: Rebecca McMahon [rebecca@rjmcmahon.comj Sent: Wednesday, August 29, 2007 7:37 PM To: Rebecca McMahon Cc: Kristin Borel Subject: Re: Herriman Avenue improvements -additional suggestions Oear Ms. Borel, You can ignore item #2 below. On our walk this morning, I was able to locate the pedestrian signal button. (I don't know how we missed it before.) Also, the traffic on Herrunan was significantly reduced today. 1 don't know the hours for the high school, so maybe the traffic will not be as bad going forward. Thank you for calling me to let me know you received my email and to inform me about the meeting. I'll do my best to attend. Thanks again, Rebecca Rebecca McMahon wrote: > Dear Ms. Borel, > Thanlz you for working on improving Herriman Avenue. I am particularly > excited about the addition/improvements of the sidewalks and bike > lanes on both sides of the street. •[ have walked my daughter to school (Redwood) from my house near > Foothill elementary for the past two days. My son (who goes to > Foothill) rode his bike while we walked. I noticed some severe > problems that can be fixed as follows. > 1. "Chore needs to be a protected left from Herriman going south onto > Saratoga-Sunnyvale Road. > On both days, cars turning left there cut in front of pedestrians > trying to cross the street, even though we (the pedestrians) had the > right-of-way as clearly indicated by the cross walk light. On the > first clay, my son and a couple of high-school kids were nearly hit, as > we didn't expect the car to quickly try to turn into us as it did. A > second car followed the first one, and then we were allowed to cross. > On the second day, we knew to be more careful. and watched as a car did > the same left turn in front of us again. > ?. At the i'~'ortheast corner of the same intersection (Herriman and > Saratoga-Sunnyvale), we need a button to trigger the pedestrian > crossing signal. My son and I were waiting on that corner to cross > Flen-iman after our return from Redwood. > 3. Please put a 3-way stop sign or traffic signal at the intersection > of l Ierriman and Saratoga Avenue. Even though there is a crossing ~ard there sometimes, this intersection is a problem at many other tunes of the day. Many cars are often stuck here trying to turn left, > and mistakenly judge when it is appropriate. Since drivers are busy 195 > looking for an opening in the motor traffic, they may not see > pedestrians or cyclists also trying to cross. I have seen a cyclist 1lmost get hit at this intersection. The cyclist was crossing ~erriman going north on Saratoga Ave and the car did not see the > cyclist (it was too busy looking for oncoming cars). This is a > dangerous situation. Only a stop sign or a traffic light to pause > u-affic going down Saratoga Avenue will ensure a safe opportunity for cars to come off of Herriman Avenue. > 1?lease forward my note as needed. I know some of these types of > improvements may be costly, but they are desperately needed. > Thank you, > Rebecca McMahon > 1.3654 Verde Vista Ct. >40S-S67-2252 L J i z 196 • Memo To: Mayor and City Council From: Cathleen Boyer, City Clerk Date: September 5, 2007 Re: Item #9 Staff received the attached email in regards to item # 9 -Motor • Vehicle (MV) Resolution Authorizing "No Stopping or Parking Anytime" on Herriman Avenue. Page I of 2 Cathleen Boyer From: John Cherbone Sent: Tuesday, September 04, 2007 12:37 PM To: Cathleen Boyer Subject: FW: additional comment added to original email Hi Cathleen, Please distribute to CC for the meeting. Thanks, John i From: Kristin Borel Sent: Saturday, September O1, 2007 9: AM To: John Cherbone Subject: FW: additional comment ded to original email Hi John, I am checking my email from me and received this comment about Herriman. Could you forward it to the " y Council members before the meeting? I can't access their email addresses from here. Thanks, Kristin • From: Bill Dougherty [mailto:billdougherty@yahoo.com] Sent: Sat 9/1/2007 7:35 AM To: Kristin Borel Cc: Bill Dougherty; Kathy Dougherty Subject: additional comment added to original email Kristin, It was a pleasure speaking with you today regarding the proposed changes to Herriman Avenue between Saratoga Vista and Saratoga Avenue. My concerns are: 1. The elimination of parking at my end of Herriman Avenue. This will result in our house guests parking on Jerries Drive and walking to our home on Herriman. Not a pleasant thought. It seems to me to be a little bit hypocritical to eliminate parking on Herriman down at our end to increase safety for the kids and NOT eliminate parking as Herriman nears the high school. 2. Too many folks speed around the Herriman bend. On four or five occasions drivers have lost control of their cars and crashed into my fence. Why not be really safe and put speed bumps around the bend to slow drivers down? • 3. Added on September 1 2007: Without parking on either side of Herriman Avenue as proposed, I believe there will be a problem with trucks that come to all the neighboring homes to maintain lawns, 9/4/2007 Page 2 of 2 .-% c~• trees, UPS, FedEx, plumbers, construction personnel, ATT trucks working on their sub-station on a daily basis. Also, I don't think that the folks on Jerries will be too excited about the additonal parking in • front of their homes. Respectfully submitted, Bill and Kathy Dougherty 19980 Herriman Avenue Saratoga, CA 95070 • • 9/4/2007 Page 1 of 2 :~ . Cathleen Boyer From: Kristin Borel Sent: Tuesday, September 04, 20 :42 PM To: John Cherbone Cc: Cathleen Boyer Subject: FW: No Parking n Herriman Hi John, Here is a support I er for the Herriman item (MV Reso). I have been the ing my emails remotely. Kristin From: brian scottoline [mailto:brianscottoline@gmail.com] Sent: Mon 9/3/2007 4:19 PM To: Kristin Borel Subject: Re: No Parking on Herriman i will not be able to make the meeting on Wednesday, but as you know, i am in support of the plan for han-iman proposed at the TSC meeting in which a raised crosswalk, abulb/island for the crossing, and the bike lane/sidewalk were discussed. i will make the 10/11 meeting apriority -- thanks for the advance notice. take care, brian On 8/28/07, Kristin Borel <lc~orel(~saratoga_ca.ns> wrote: Hi I am writing to you ause you have shown an interest in notification about the ongoing safety improvements along He an and the surrounding neighborhoods. • The City is proposing a parking restricn on the north side of Herriman from Saratoga Vista continuing to Saratoga Avenue to allow eno h room for a bicycle lane on both side of Herriman and the eventual development of a walking path on e south side of Herriman. If approved the City will schedule the restriping of the new bicycle lanes on erriman and v~~ill post new "No Parking" signs. The new parking restriction is going before the City Co cil on September Sth at 7:00 pm in the Civic Theatre. If you would like to voice you opinion, you can co to the meeting or send me an email • that I can forward to the Council. 9/5/2007 • SARATOGA CITY COUNCIL MEETING DATE: September 5`h, 2007 AGENDA ITEM: 1 ORIGINATING DEPT: Public Works PREPARED BY: Morgan Kessler CITY MANAGER: Dave Anderson DEPT HEAD: John Cherbone SUBJECT: 2006 Annual Concrete Repair Project -Extension of Construction Contract to Perform Additional Work. RECOMMENDED ACTION: Authorize an increase to the change order authority for an existing constniction contract with George Bianchi Construction, Inc. in the amount of $175,000; REPORT SUMMARY: In October of last year, a contract was awarded to George Bianchi Construction, Inc. by the Saratoga • City Council for the 2006 Annual Concrete Repair Project. This contract is generally put out to bid every year, and includes furnishing all materials, equipment, and labor to repair/replace damaged curb, gutter, and sidewalk facilities at various locations throughout the City. One major goal of this project was to address the EI Quito area, which has historically suffered significant drainage problems due to its relatively shallow grades and root-damaged curbs. To make matters worse, this area has been identified by County Vector Control as a problem area for West Nile Vims-infected mosquitoes. To address these issues, whole lengths of curbing between intersections have been replaced, and frequently much more work was necessary at a particular location than was originally scoped. In order to quickly do as much as possible to eliminate standing water, it is recommended that the remainder of the El Quito Drainage CIP funding be directed towards this current concrete project. By doing this, the major problem areas in the El Quito neighborhood may be corrected in a timely fashion, all the while taking advantage of our current contract's excellent curb/gutter prices. A portion of this change order will also address additional sidewalk repair including the Village and exposed aggregate walkway panels located at City Hall. Therefore, it is recommended that Council approve an increase to the change order authority with George Bianchi Construction, Inc. for the additional scope of work, in the amount of $175,000. • 197 FISCAL IMPACTS: Funding for this additional work is currently programmed in the adopted CIPs and adopted operating budget, as follows: El Quito Curb & Gutter Repair: $55,000 Annual Sidewalk Repair $50,000 Civic Center Improvements: $10,000 Facility Improvements: $10,000 Village Sidewalks: $50,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The change order for additional work would not be approved and the additional work would not be performed at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): • The existing contract will be amended, and the additional work will be scheduled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None • 198 C~ SARATOGA CITY COUNCIL MEETING DATE: September 5th, 2007 ORIGINATING DEPT: Public Works PREPARED BY: Morgan Kessler AGENDA ITEM: I1 CITY MANAGER: Dave Anderson DEPT HEAD:John Cherbone SUBJECT: 2006 Stormdrain Repair and Upgrade Project -Extension of Construction Contract to Perform Additional Work. RECOMMENDED ACTION: 1. Authorize an increase to the change order authority for an existing construction contract with Furlo & Furlo in the amount of $58,623 for the 2006 Stormdrain Upgrade and Repair Project. REPORT SUMMARY: • Last September Council approved a contract for the 2006 Stormdrain Repair and Upgrade Project with Furlo & Furlo for $181,900, with a change order authority of $46,000. The project has proceeded smoothly and efficiently, with several historically troublesome locations successfidly repaired and/or upgraded. These locations include: Teerlink Ranch Trail Culvert Repair Marilyn Avenue Drain Inlet Modification Springer Avenue Storm Drain Line Improvements Since the project began, several water-related issues have arisen at various locations throughout town that need attention before to onset of the rainy season. Extending the current Stormdrain contract to perform this work would be advantageous both in terms of timeliness and cost, as the present contractor's prices have repeatedly proven to be quite reasonable for the level of workmanship they provide. All locations could be completed well before mid-October. Therefore, it is recommended that Council approve an increase to the change order authority with Furlo & Furlo for the additional scope of work, in the amount of $58,623 to perform this additional work. 199 FISCAL IMPACTS: Funding for this additional work is currently programmed in the adopted CIP in the Annual Storm Drain Repair Project and the Teerlink Ranch Trail Repair Project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The contract will not be extended, and the additional stormdrain work will not be performed at this time. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The contract's scope will be modified and the contractor will be issued a Change Order. Work will commence shortly thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None 200 w 201 oq 3A~ Q "~z 9 _.~ SARATOGA CITY COUNCIL o ' ~ eq,r' ~LtFOR~i,' MEETING DATE: September 5, 2007- AGENDA ITEM: 12 DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Shweta Bhatt DIRECTOR: John Livingstone SUBJECT: 13855 Saratoga Avenue; Application 07-385 for Landmark Status and Mills Act Agreement RECOMMENDED ACTION: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a historic landmark and Resolution to enter into a Mills Act Agreement; (2) Close the hearing and introduce and waive first reading of the attached Ordinance; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Council meeting; (4) Following introduction of the Ordinance, adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 13855 Saratoga Avenue. BACKGROUND: On March O5, 2003 the City Council approved the Resolution establishing the City's participation in the Mills Act Program. The Mills Act is state sponsored legislation granting local governments the authority to enter into an agreement with individual property owners to allow reduced property tax payments for the restoration and continued maintenance of their historic property. This is an economic incentive for property owners to preserve and maintain their buildings. As part of the agreement, a formal contract between the property owner and the City is required, thus resulting in a Mills Act Agreement. PROCESS: By Council policy, only three Mills Acts contracts can be approved in a single year. A structure needs to be a City of Saratoga Historic Land Mark as described in Saratoga City Code §13-15 in order for the Mills Act Program to be applicable. Three (3) owners have requested and have been approved for a Mills Act Agreement since 2003; none have been approved thus far this year. DISCUSSION: As of the early 1880s, the property appears to have been part of a larger site encompassing approximately 5.2 acres and owned by an orchardist named August Johnson. Although the exact date of construction for the home is unknown, historians estimate the home was built between 1910 and 1913. By the mid-1920s, the owner of the property, Edward M. Minshall, sold 0.78 acres of site (and the home) to Lycurgus C. Barnett, who was involved in forming the Saratoga Volunteer Fire Department. Ownership of the property changed several times between 1946 and 1997 and yet again in 2007, which is when the current owners purchased the home. • The subject house was named the Lamphear house when it was added to the City's Historic Resources Inventory in the 1980s. While association of the house with the Lamphear family is unclear, it is known Page 1 of 2 202 that the Lamphear family was active in Saratoga and also assisted in the formation of the Volunteer Fire Department. Significant architectural features include the intricate rock designs on the front facade, which are thought to be inspired by a neighboring residence owned by Luther Cunningham. Mr. Cunningham collected rocks and incorporated them into his home. The HPC reviewed this property as part of a regular meeting on July 10, 2007. The Commission, by 5-0 vote, approved recommendation of designating the subject property as a landmark and recommended the property for Mills Act consideration to City Council. FISCAL IMPACT: With reference to the landmark designation, there is a one-time cost of approximately $200.00 for a bronze plaque, which will be mounted on the exterior of the residence. The cost of the plaque has been budgeted for. With reference to the Mills Act, the City would lose a portion of the property tax normally received from these properties. The City of Saratoga normally receives approximately $2,575 in property tax based on a $5,000,000 property and $515 fora $1,000,000 property. The Mills Act would reduce this by approximately 60%, or $1,545 and $309 respectively. The reduction in taxes may also impact the schools and other taxing agencies such as the County and the Fire District. Staff resources utilized to prepare the staff report and process the application is charged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The residence would not be designated as a landmark and the future maintenance and rehabilitation of the existing landmark could be jeopardized without the incentive of the tax break from the Mills Act Agreement. ALTERNATIVES: ]. Deny the proposed ordinance and/or resolution. 2. Modify the proposed ordinance and/or resolution. FOLLOW-UP ACTIONS: (1) The City Attorney will finalize the ordinance for adoption at the next available meeting, memorializing the decision of the City Council on this matter; (2) Record the Mills Act Agreement. ATTACHMENTS: ] . Ordinance approving the property's landmark status 2. Resolution approving the Mills Act Agreement 3. Historic Inventory Report (dated April 1987) 4. DPR523 Continuation Sheet (dated May 2007) 5. Affidavit of mailing notices, public notice, and mailing labels 6. Mills Act Historic Property Preservation Agreement (which includes the following exhibits): a. Property Description b. Resolution of Approval c. Base Line Conditions d. Restoration Plan CJ Page 2 of 2 203 ATTACHMENTI • ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING THE PROPERTY KNOWN AS LAMPHEAR HOUSE AT 13855 SARATOGA AVENUE AS A HISTORIC LANDMARK (APN 393-45-017) The City Council of the City of Saratoga hereby ordains as follows: Section 1-Findings: After careful review and consideration of the report and recommendations of the Heritage Preservation Commission concerning the property at 13855 Saratoga Avenue (the "Property") together with the application and supporting materials, the City Council hereby determines that: The Property exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation in that it represents a Craftsman style home constructed in the early 1400s. The structure exhibits many of the character defining features of such a home, and has retained these features through history. The home also fronts on a portion of Saratoga Avenue designated as a heritage lane. ^ The Property embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials in that it "is a distinguished example of a Craftsman residence. Containing many characteristic details, such as rock walls, knee braces, wood siding, and multi-lite windows, the strong hand-crafted sense inherent in the building forms clearly associate the design with bungalows from the period. The house remains today as a clear representation of its era, in both design and detailing, and is an excellent example of Craftsman residential architecture in Saratoga." The Property embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City in that it is located on the portion of Saratoga Avenue that has been designated a heritage lane. It has been designed and constructed in a distinctive style, including rock detailing on the facades. Section 2 -Designation: The Property is hereby designated as a Historic Landmark pursuant to section 13-15.060 of the Saratoga City Code. Section 3- Publication: This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen (1 S) days after its adoption. 204 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 5th day of September, 2007, and was adopted by the following vote following a second reading on the 19`h day of September 2007: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk • Aileen Kao, Mayor 205 ATTACHMENT2 i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 13855 SARATOGA AVENUE PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City C,ounci] has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art. XIII-8 and California Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code 439- 439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element C0.5.0 to "Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and • WHEREAS, the property located at 13855 Saratoga Avenue has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance; and WHEREAS, the property located at 13855 Saratoga Avenue is the subject of a Mills Act contract between the City and the property owners dated September 5, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 13855 Saratoga Avenue immediately upon the effective date of the ordinance approving the Landmark designation. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5`h day of September 2007 by the following vote: C~ 2os • AYES: NOES: ABSENT: ABSTAIN: ATTEST: Aileen Kao, Mayor Cathleen Boyer, City Clerk • 2 of 2 Zoe HISTORIC RESOURCES INVENTORY (# 69) IDENTIFICATION 1. Common name: 2. Historic name: Lamphear House 3. Street or rural address: 13855 Saratoga Avenue City: Saratoga Zip: 95070 County: Santa Clara 4. Parcel number: 393-45-017 5. Present Owner: William & Beverly Robinson Address: 13855 Saratoga Ave. City: Saratoga Zip: 95070 Ownership is: Public: Private: X 6. Present Use: Residence Original Use: Residence DESCRIPTION 7a. Architectural style: Craftsman 7b. Briefly describe the present physical appearance of the site or structure and describe any major alterations from its original condition: . This is a two-story craftsman bungalow with a daylight basement featuring unusually ornate creekstone trim. It is approached by a short flight of cement stairs to a shallow porch which is framed by a wooden arch echoing the shape of the gable above. The front door of glass panes is centered between two sets of windows, now of sliding aluminum frame. The windows are framed by squat square columns which sit on creekstone bases. The stones are tear-shaped and arranged in a circle to give the appearance of flowers. A band of similarly decorated stone connects the column bases under the windows. About one third of the roof is hipped, and contains an asymetrically placed gable which is punctuated by three small-paned windows in its center. The rest of the roof is gabled, and contains three tall windows in its center. There is a two-story stone chimney on the right (north) side of the house. False beams supported by plain square brackets project from the eaves of both gables. The house is flanked at street-side by two tall cedar trees. 8. Construction date: Estimated: 1910 Factual: 9. Architect: unknown 10. Builder: unknown 11. Approx. prop. size (ft) Frontage: 80 ft. Depth: 170 ft. approx. acreage: 12. Date(s) of enclosed photograph(s) zos X69 Page 2 13. Condition: Excellent: Good: X Fair: Deteriorated: No longer in existence: 14. Alterations: Front windows remodeled. \J 15. surroundings: (Check more than one if necessary) Open land: Scattered buildings: Densely built-up; Residential: X Industrial: Commercial: Other: 16. Threats to site: None known: X Private development: Zoning: Vandalism: Public Works project: Other: 17. Is the structure: On its original site? X Moved? unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site). The present owners have lived in the house since 1972. When they moved in they discovered doorways that had been closed with brick, and several doorways into one room. Each of the bedrooms was painted a different exotic color, and had a room number and door knocker, evidence to support the story that the house was used as a brothel. There is evidence that this was the largest of several similar houses built in the area at the same time. The original windows of the house were Victorian bay windows enclosing a porch. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture: X Arts/Leisure: Economic/Industrial: Exploration/Settlement: Government: Military: Religion: Social/Ed.: 21. Sources (List books, documents, surveys, personal interviews and their dates), Interview with Beverly Robinson, 6/1/84 22. Date form prepared: 4/89 By (name): E. Ansnes Organization: HPC Address: 13777 Fruitvale Ave. City: Saratoga Zip: 95070 Phone: 867-03438 2os Loaaflon SleEch Nep NORTH t' «i .y e. ~'~~ ~, CJ State of California -The Resources Agency `Primary # ` ' DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Srinomial , NRHP Status Code OtherListings ' ° ° ', ,- Review Code Reviewer Date ' Page 1 of 10 *Resource Name or#: (Assigned by recorder) 13855 Saratoga Ave. P7. Otherldentifier: Lanphear House *P2. Location: ^ Not for Publication ®Unrestricted 'a. County Santa Clara and (P2b and Plc or P2d. Attach a Location Map as necessary.) *b. USGS7.5'Quad Cupertino Date 1980 photorevised T.7S.; R.1W.; Mount Diablo B.M. c. Address 13855 Saratoga Ave. City Saratoga Zip 95070 d. UTM: (Give more than one for large and/or linear resources) Zone l OS; 58 6811mE/ 9129 88 6mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Assessor's Parcel Number: 393-95-017, northwest side of Saratoga Avenue northeast of Herriman Avenue. •P3a Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Although modified over time, this Craftsman bungalow still represents, through its form and unique original detailing, a distinctive single-family residence of the early twentieth century. A southeast-facing house with a raised one-and-one-half-story rectangular main mass, it has a hipped roof accented by a high front ridge gable and second lower front gable spanning much of the front fagade. Each side fagade includes a small, central accent gable over a cantilevered bay window. The west rear corner projects to the side as a sunroom. The main roof is interrupted at intervals by shed roof dormers retrofitted into the building at mid-century. The rear fagade was modified similarly by a shallow, almost full-width, hipped- roof second-story addition. (Continued on page 2, DPR523L) *P3b. Resource Attributes: (List attributes and codes) HE'2. Single family property *P4 Resources Present: ®Building ^ Structure ^ Object ^ Site ^ District ^ Element of District ^ Other (Isolates, etc.) None PSb. Description of Photo: (View, date, accession #) View from street facing northwest, May 2007. *P6. Date Constructed/Age 8 Sources: ® Historic ^ Prehistoric ^ Both Circa 1913, architectural analysis, 99 years old. *P7. Owner and Address: Mike Belshe 13855 Saratoga Ave. Saratoga CA 95070 *PS. Recorded by: (Name, affiliation, and address) L. Dill, J. Kusz, & F. Maggi Archives & Architecture PO Box 1332 San Jose CA 95109-1332 *Pg. Date Recorded: May 31, 2007 *P10. Survey Type: (Describe) Intensive *Attachments: ^ NONE ®Location Map ^ Sketch Map ®Continuation Sheet ®Building, Structure and Object Record ^ Archaeological Record ^ District Record ^ Linear Feature Record ^ Milling State Record ^ Rock Art Record ^ Artifact Record ^ Photograph Record ^ Other (List) DPR 523A * Required information 210 *P17. Report Citation: (Cite survey report and other sources, or enter "none".) "Recorded by L. Dill, J. Kusz, & F. Maggi 'Date May 31, 2007 ®Continuation ^ Update • (Continued frompage 1, DPR523a, Pia) The property slopes downward to the northwest. The basement level is at grade at the rear elevation, although the house sits on a terrace and is surrounded by landscaped retaining walls away from the. foundation. A wooden deck and stairway are located at the side of the north rear corner. The setting consists primarily of a large openarea containing mature trees, including oaks and cedars. There are limited underplantings. The front yard has a semi-circular driveway and a concrete walkway that splits to both sides and circles the house. The edges of the walkways and some other related landscapingfeatures have stones set randomly into the concrete. The walkway is level; it is set onto a terrace that surrounds the front of the house. The front driveway connects at both ends to driveways that follow the sloping grade along both sides of the house. A detached two-car garage with a simple, rectangularfootprint is downhill from the house at the north corner of the parcel. There is large a flag-type lot to the northeast and north of the subject parcel. It includes a long driveway and open space to the northeast of the house. Below and to the rear of the house is a grouping of small cottages. Surrounding properties are residential with houses of .a variety of sizes, styles, and ages. This portion of Saratoga Avenue is marked as a heritage lane. The distinguishing feature of this bungalow is its unique stonework. The original front porch spans the full width of the front fagade; its foundation, solid railing, and post piers were built of cobblestone and ashlar walls that incorporate flower motifs and accent courses similar to dentil courses. The stonework--without the flower patterns, but with one row of dentils--extends along both sides of the house foundation, and is continued into the tapered chimney on the northeast side of the house and forward on both sides of the front steps. Dentils edge the top and bottom of the railing portion of the porch, as well as the cap of the chimney the railing band includes a row of stone daisies: large round rocks, surrounded by smaller stones. These are smooth, river rock of a sandstone color while the background stone is rough gray fieldstone. At the floor level of the porch are two rows of rough-hewn ashlar sandstone interrupted by a vertical keystone pattern over the four cellar windows within the porcharea. The foundation walls have sandstone-colored random fieldstone and river rock with a single top row of cobblestone dentils. On each side of the cellar windows on the front fagade is a large daisy. At four locations there are flowers with a more pansy- like appearance. These have small, roune9 stone centers with large, heart-shaped surrounding stones. They are placed on both sides of the stairs and at the lower, front outer corner piers. The foundation walls are approximately of even height, as the house is surrounded by walkways and the grade change is taken up in garden retaining walls. The foundation and basement retaining walls are concrete. The basement windows are set into the stone pony walls. Some are original wood 3x2 sash ~snd others have been replaced with aluminum sliders. The house is clad in horizontal wood siding; this faux tri-board siding has symmetrically rounded profiles along the grooves (and two false grooves) and is protected by flat boards at the corners. The gable ends of the housE=_ are clad with vertical smooth boards. Separating the horizontal wall siding and vertical gable siding is a built-up band of two flat boards that- are a continuation of the eave fascia. As common for the period, the eaves are deep and feature exposed rafter tails that support recent metal gutters.-The exposed sheathing is v- groove. Special detailing includes beveled knee braces that support the rake eaves, beveled outlookers at each end of the bargeboards, and shallow applied wood keystone design at the apex of the gable trim. The front gable end has an original, adapted Palladian-stylewindow unit.. The center casement sash has a 2x3 muntin pattern; it is flanked by smaller sash in a smaller 2x3-lite pattern. The upper gable includes an original window unit with a pair of 2x9 windows mirrored at the centerline with a 2x3 window above the adjacent roof. The roofing consists of some form of shingles that appear from a distance to be slate or some other form of composition material, and the roof dormers are clad with wide v-groove, some of which is laid on the diagonal. Original window trim includes tapered side casings; the header trim is unadorned, and the windows rest on sill bands or simple sills with plain aprons. On the rear fagade, the new window trim consists of simple flat board casings without sills. Between the siding and the pony wall is a wide flat bellyband. (Continued on next page) DPRS23L "Required information 211 Page 2 of 10 "Resource Name or#(Assigned by recorder) 13855 Saratoga Ave. *Recordedby L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 ®Continuation ^ Update (Continued from previous page) - Entry is through a central recessed porch that was once part of a full-width front porch. The two sides of the porch have been enclosed with salvaged siding and new windows. The original design elements of the wider porch remain intact, including the stoneworkrailing,and the wide, square stucco piers. Original detailing also exists, such as-the broadconcrete cap rails, the full-width main beam,and the tapered central beam above the entrance stairs. The interior of the house retains some ofthe lower porch floor heights, opening locations, and ceiling boards; however, much of the original porch has been incorporated into the living space. The front door has been replaced,.and the new windows are vinyl single-hung sash with faux muntins. Both sides of the house have a central, cantilevered square bay. The .gables project over the top of them, supported by three knee braces each side. Fenestration on the side elevations consists of original frames and trim surrounding replacement sash. The bays have symmetrical tripartite window units. The west corner. of the house is a sunroom at the main level. It has a ribbon of windows on three sides, including the rear fagade of the house. The rear has been modified over time to include a second-story addition with windows the full width of the rear fagade and on both sides. The windows are wood, 1/1, double-hung units. A modern cantilevered deck has been added to the exterior of this area; the original hipped roof eaves appear to have been removed at the time of the room addition or deck addition. Along the main level of the rear fagade is a series of windows that enclose what appears to have been an open porch or screen porch. At the north corner of the walk-out basement is a recessed screen porch with original windows on the interior wall face. The lower level also includes a single garage-door with a pair of vertical-board swinging doors. The entire rear wall is clad with wood siding; the foundation has stepped down to a low concrete curb. There are four dormers in addition to the second-floor addition. They all have exposed rafter tails and low ribbons of windows. Three of the dormers have shed roofs; thefourth, near the west corner of the house, has a low gabled roof. The interiors include many original features; these include coved ceilings, picture molding, a built-indining room buffet, doors and door hardware. The upper level is paneled in knotty- pine and features many built-in cabinets, and shelving, typical of the mid-twentieth-century. The detached two-car garage is of recent construction. It is one story with a gabled roof covered in composite shingles. Each rake eave is supported on three knee braces, and the eaves have exposed rafter tails behind a metal "fascia"-style gutter. The cladding is horizontal shiplap siding composed of a manufactured wood material. The garage opening is fitted with a modern overhead door with horizontal panels. On this same fagade is an 8-panel door. Trim includes flat-board corner boards and door casings. DPR523L * Required information 212 Page 3 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave . • *MapName: USGS Cupertino, CA *Scale: n.t.s. *DateofMap: 1980 pohotorevised DPR523J * Required information 213 Page 9 of 10 *Resource Name or# (Assigned by recorder) 13855 Saratoga Ave. i *Resource Name orp (Assigned by recorder) 13855 Saratoga Ave. 61. Historic Name: Lanphear House 62. Common Name: None 63. Original use: Single family residential 84. Present Use: Single family residential 'B5. Architectural Style: Craftsman 'B6. Construction History: (Construction date, alterations, and date of alterations) Constructed circa 1913. Construction of new garage and remodeling of house, date not determined. '87. Moved? ®No ^ Yes ^Unknown Date: n/a Original Location: n/a *88. Related Features: Contemporary garage. B9aArchitect: Unknown b. Builder: Unknown '610. Significance: Theme Architecture and Shelter Area Saratoga Period of Significance 1913 Property Type Residential .Applicable Criteria (3) (Discuss importance in terms of historical or architectural content as defined by theme, period, and geographic scope. Also address integrity.) The residential building on this property was constructed in unincorporated Santa Clara County about 1913. The property configuration at that time was larger than the 0.78 acres that exists today, being the southernmost corner of a larger 5.2 acre site. Most of Saratoga is on land that was once part of Quito Rancho, established during. California's Mexican period. In 1891, then Mexican governor Juan B. Alvarado granted three- square leagues of land (over 13,000 acres) known as Quito Rancho to Jose Noriega and his father-in-law Jose Zenon Fernandez. By 1858, the Arguello family owned much of the rancho and began to subdivide it ranch use during the early yearsof the valley's period of horticultural development. By early 1900s, residential development in Saratoga was booming. The small lumber and ranching town was evolving into a vacation destinationand a `streetcar suburb' for San Jose which was spurred on by the development of the Interurban railroads. The railroad afforded residents to travel quickly between Saratoga and San Jose, and the line ran down parts of Saratoga Ave.. During the 1900's, Saratoga developed an enviable reputation as a highly desirable place. to live. By the middle of the interwar period, the town became a bedroom community for San Jose, and in 1956, the town of Saratoga was incorporated to avoid annexation during San Jose era of rapid expansion. (Continued on next page, DPR523LJ 811. Additional Resource Attributes: (List attributes and codes) NOne '612. References: ~ ~<~ ~..:-^~' (See page 7) ty ~ LTl~ t `~•. ~ f, N /,:i ~~ y.~~ I'- I ~~ of ®...y~as(~`; a a~...~n x s,ta~ ~ ~ „s ss a f z i ° ~ g '~r~ p W r 813. Remarks: Proposed Mills Act contract ~ ~ a ,~ ,~~ YY, r t r *814. Evaluator: Leslie Dill Q , ~' ~~f~' g ` a ~ ;, s a,~~ ~. ~t~ } f~.. *Date of Evaluation: May 31, 2007 1 ~ : A' ~' 13 a _ Att. (This space reserved for official comments.) ~, '.. = s Y ~ ~ iS r+% „ y // Wed e~'lyyr ~~ .~}{, ~~. ~ / S t \ fi ~ F \~ ~ l n d ~ ( i 1w ei. ~ F ~. p r o ~. DPR 5236 ~?~ , _ aa. p' a ~mq 214 ~n CJ *Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 ®Continuation ^ Update (Continued from previous page, DPR523t>, B101 In the early 1880s, the property, which at that time encompassed 5.2 acres, was owned by August Johnson, an orchardist, who emigrated from Sweden in 1850. Property ownership during the subsequent 30-plus years was not determined, but by the second decade ofthe twentieth century, the house, with its intricate rockwork, was constructed at the southwest corner of this parcel. It was sited adjacent a short private road that led to a small grouping of cottages downhill and adjacent Saratoga Creek. No building permits exist for this time period in unincorporated Santa Clara County, and local property mapsand aerial photographs do not provide additional information to pinpoint the date. The intricaterockwork may be attributed to or inspired by the neighbor across the street, Luther Cunningham. Local histories note that Cunningham collected rocks and used them to build his house at 19280 Saratoga Avenue. In the mid-1920s, the subject propert}~ and the parcel to the rear were owned by Edward M. Minshall.. It is likely that the house and rear cottages were constructed by him prior to this time, although this cannot be determined for certain. Minshall was a department manager and bookkeeper for the California Prune and Apricot Growers Association. Before moving to Saratoga, he resided in San Jose. On October 13, 1926, Edward Minshall sold 0.78 acres of his land (the subject parcel), to Lycurgus C. (L.C.) Barnett (Deeds 275:35). Minshall continued to live at this location anct is listed in the 1930 census, so apparentlyby that time was living in one of the cottages to the rear. Barnett, a house painter, was from Michigan and lived in the house with his wife, Ida. Before moving to California inthe early 1920s, Barnett had lived and worked in Detroit, painting automobiles. In Saratoga, he was involved with the development of the Saratoga Volunteer Fire Department, but little else is known of him. He died in 1957 after moving to a residence on Big Basin Way. Minshall died in 1991. Within the City of Saratoga Historic F~,esources Inventory, the house at 13855 Saratoga Ave. is named the Lamphear [sic] House. They Lamphear family was active in Saratoga and George Lamphear was involved in the Saratoga Volunteer Fire Department as well as the outdoor `Theater of the Glade'. However, no known associations with this residence and the Lamphear family have been found. By 1919, the Lamphear family had obtained property in the Campbell district and by 1920 were living on South Second Street in the unincorporated townof Campbell. Local oral histories reveal. that the family lived on Oak Street in Saratoga and federal census records indicate that the family was living near Biq Basin Way in 1930. By 1993-97, George Lamphear was living in. Saratoga, although his address is not known. Other Lamphear family members were living in Campbell, where Ethan Lamphear worked as manager for the Campbell Hotel. By 1956, George Lamphear wasa foreman at Rosenburg Brothers in Santa Clara and lived on Orchard Road in Saratoga. By 1946, the property was owned by Bernard J. and Helen A. Watson. Watson was the school principal at Saratoga Union Grammar during this period. On November 16, 1996, Watson sold the property to George F. and Peggy Haines (OR 1913:190). No information has been located on the Haines family. They owned the property for 10 years, moving to Santa Clara in 1954 and selling the property to John P. and Dorothy M. Ittner. John Ittner was a maintenance foreman at Certain-Teed Products. He was also involved with the Saratoga Fire Department, but later moved to Oregon. More recently, the property was owned by William and Beverly Robinson in 1989 and then by Scott and Bridget Brady in 1997. In 2007, Scott Brady sold the property to Michael Belshe. (Continued on next page) DPR 523E 215 ` Required information Page 6 of 10 *Resource Name or# (Assigned by recorder) 13855 Saratoga Ave. CJ *Recorded by L. Dill, J. Kusz, & F. Maqgi (Continued fromprevious page) Integrity and character-defining features: The property maintains adequate historical integrity to embody a distinctive architectural design of its era, but it does not maintain all of its historical integrity as perthe National Register's seven aspects of integrity. It maintains its original location in northeast or downtown Saratoga, near the civic center, on a road identified as a "Heritage Lane." The property is still surrounded by most of its historic residential setting, including surrounding houses of similar scale and design, as well as mature street trees. It retains its early-twentieth-century residential scale and feeling and continues, through its form and massing and its substantial remaining detailing, to illustrate its associations with Craftsman-era design. Later modifications, such as the loss of much of the original window sash, the enclosure of the front porch, and the addition of theroof dormers, are intrusive in terms of design integrity; however, the original window frames, sills, aprons, sill bands, and casings have preserved the rhythm and proportions of the original fenestration design, so the loss is less than significant, and the original roofiines remain fully readable. Because the building has much of its ofiginal materials and architectural elements, the changes. appear reversible. Significant character-defining materials and workmanship have been preserved, including the unique flower-patterned stonework, along with the siding, knee braces, and some windows. EVALUATION This house, listed on the Saratoga Herii=age Resources Inventory under the City's Criteria "c" and "e", is located along a portion of Saratoga Avenue that. has been designated a Heritage Lane. The building has a distinctive ch~sracter that is expressed through its preserved materials and overall design. This bui.1<iing represents the period of Craftsman residential architecture associated with residential development in the region from about the 1906 Earthquake to the early 1920s, and it re=tains adequate integrity to represent these associations. The house at 13855 Saratoga Ave. is a distinguished example of a Craftsman residence. Containing many characteristic details, such as rock walls, knee braces, wood siding, and multi-lite windows, the strong hand-crafted sense inherent in the building forms clearly associate the design with bungalows from the period. The house remains today as a clear representation of its era, in both design and detailing, and is an excellent example of Craftsman residential architecture in Saratoga. Given its recognized historic context along Heritage Lane, it qualifies for the California Register under Criterion (3). It may also qualify for the National Register under Criterion C in the future, for its distinctive architecture given a reversal of some of the architectural changes that have been made over the last few decades. (Continued from page 5, DPR523b, 812) Cunningham, Florence R., Sara toga's First Hundred Years, 1967. SanJose/Santa Clara County City Directories, 1890-1979. San Jose Mercury Herald, Minshall obituary, September 29, 1991. San Jose Mercury Herald, Real Estate Transaction, August 29, 1919. San Jose Mercury, Death takes L.C. Barnett Retired Paint Contractor. February 18, 1957. Santa Clara County Clerk-Recorder, Deeds, Maps. Santa Clara County School District Maps, c1990. Thompson and West, Historical Atlas of Santa Clara County, 1876. US Federal-Census, 1880, 1900, 1910, 1920, 1930. Clark, Henry, personal communication with J. Kusz, May 2007. *Date May 31, 2007 ®Continuation ^ Update DPR 523E 216 ` Required information Page 7 of 10 'Resource Name or # (Assigned by recorder) 13855 Saratoga Ave . • • State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 8 of 10 'Resource Name or # (Assigned by recorder) 13855 Saratoga Ave. 'Recorded by ... Dill, J. Kusz, a F. N,agyi 'Date May 31, 2007 ®Continuation ^ Update DPR 523E 217 ' Required information Right side elevation, view facing west. u State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 9 of 10 'Resource Name or # (Assigned by recorder) 13855 Saratoga Ave. 'Recorded by L. Dill, J. Kusz, & r . Maggi 'Date May 31, 200"7 ®Continuation ^ Update DPR 523E 218 * Required information Left side elevation, view facir.q east. • State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 10 of 1C 'Resource Name or # (Assigned by recorder) 13855 Saratoga Ave. 'Recorded by L. Dill, J. Kusz, & F. Maggi "Date May 31, 2007 ®Continuation ^ Update DPR 523E 219 ' Required information Detail of stonework at right side elev,a l=ion, view facing southwes'~. AFFIDAVIT OF MAILING NOTICES ATTACHMENTS I, Denise Kaspar ,being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 9`h day of August 2007, that I deposited 64 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15- 45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within S00 feet of the property described as Address: 13855 Saratoga Avenue APN: 393-45-017 that on said day there was regular communication by United States Mail to the addresses shown above. ff ___, e ise Kaspar Advanced Listing Services z2o NOTICE OF PUBLIC HEARING City of Saratoga's City Council announces the following public hearing on WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2007, AT 7:00 P.M. The hearing will be held in the City Theater, located at 13777 Fruitvale Avenue in Saratoga, California. Details regarding the project described below are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. - 5:00 p.m. PROJECT LOCATION: 13855 Saratoga Avenue PROPERTY OWNER: Belshe ASSESSOR PARCEL NUMBER: 393-45-017 APPLICATION NUMBER: 07-385 REQUESTED ENTITLEMENT: Historic Landmark Status and Mills Act Contract PROJECT DESCRIPTION: The applicant requests: (1) approval to designate the subject property, often known as the Lamphear House, as a historic landmark; and (2) approval to execute a Mills Act contract with the City. Significant architectural features of the craftsman style home include unique stone work on the exterior fagade and horizontal wood siding. The property fronts on the portion of Saratoga Avenue designated as a heritage lane. The Heritage Preservation Commission reviewed this property as part of a regular meeting on July 10, 2007 and approved recommendation of designating the subject property as a landmark to City Council. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the City ~uncil pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised he public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga City Council at, or prior to, the public hearing. In order to be included in the City Council's information packets, written communications should be filed on or before the Monday a week before the meeting (August 27`n) This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually in preparing its notice mailing lists. In some cases, out-of--date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. /s/Cathleen Boyer, CMC City Clerk PUB: 08/22/07 221 August 9, 2007 s 500' Ownership Listing Prepared for: 393-45-O17 MICHAEL A & HIROKO BELSHE 13855 SARATOGA AVE SARATOGA CA 95070-5433 393-45-003 393-45-004,007 393-45-008 PARVIZ & AZITA GHAFFARIPOUR COLLEEN M FITZSIMMONS GLENFORD DENNEE OR CURRENT OWNER OR CURRENT OWNER 2265 EL CAMINO REAL 3 13765 HERITAGE CREEK CT 13735 SARATOGA AVE SANTA CLARA CA 95050-4064 SARATOGA CA 95070-5463 SARATOGA CA 95070-5431 393-45-010 393-45-011 393-45-012 LAURENCE S & SARAH PATZMAN MUN1Z T E 2007 ALI REZAI OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 19956 BARONI CT 19978 BARONI CT 19963 BARONI CT SARATOGA CA 95070-5429 SARATOGA CA 95070-0248 SARATOGA CA 95070-5429 393-45-013 393-45-014 393-45-015 GREGORY C GOELZ YIPING LIU CHUNG YANG OR CURRENT OWNER OR CURRENT OWNER OR CURRENT.OWNER 19931 BARONI CT 19909 BARONI CT 13837 SARATOGA AVE ~RATOGA CA 95070-5429 SARATOGA CA 95070-5429 SARATOGA CA 95070-5433 393-45-016 393-45-017 393-45-018 CONNIE LOZIN MICHAEL A & HIROKO BELSHE ANTHONY L & CYNTHIA 15871 SHANNON RD OR CURRENT OWNER ZUCCARINO LOS GATOS CA 95032 13855 SARATOGA AVE OR CURRENT OWNER SARATOGA CA 95070-5433 13875 SARATOGA AVE cauaTnc;a ~.a gsmn_Sa~z 393-45-019 393-45-020 393-45-021 MICHELLE LEE LIONEL A & DIANE KIRTON JACK L & BETTY IRWIN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 19952 MORAN LN 19984 MORAN LN 19943 MORAN LN SARATOGA CA 95070-5430 SARATOGA CA 95070-5430 SARATOGA CA 95070-5430 393-45-022 393-45-023 393-45-024 MOLLY KAUFMAN HELEN T MORAN KAREN L & CHARLES GILL OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 19987 MORAN LN 13915 SARATOGA AVE 13935 SARATOGA AVE SARATOGA CA 95070-5430 SARATOGA CA 95070-5435 SARATOGA CA 95070-5435 393-45-026 393-45-027 393-45-028 LADAN ARTUSY EMILE S & JULIANA ALLAN M & SUSAN COX PO BOX 112 ELEFTERATOS OR CURRENT OWNER SARATOGA CA 95071-0112 OR CURRENT OWNER 19965 HERRIMAN AVE 19955 HERRIMAN AVE SARATOGA CA 95070-5405 cauaTnrn ~.a g5mn_SanS 3-45-029 393-45-030 393-45-031 RL & OLIVIA DCOSTA DANIEL E & MARILYN FOUST SHIN-JOU & DUAN-YEE FANG OR CURRENT OWNER OR CURRENT OWNER 19933 DOUGLASS LN 19975 HERRIMAN AVE 19985 HERRIMAN AVE SARATOGA CA 95070-5522 SARATOGA CA 95070-5405 SARATOGA CA 95070-5405 222 393-45-032 RICHARD & EDITA YAGOL CURRENT OWNER 70 LANNOY CT SARATOGA CA 95070-5423 393-45-035 ROBERT A & LISA KUTTER OR CURRENT OWNER 19961 LANNOY CT SARATOGA CA 95070-5423 393-45-038 BARBARA HILL OR CURRENT OWNER 19991 LANNOY CT SARATOGA CA 95070-5423 393-45-044 WILLIAM K FOSTER OR CURRENT OWNER 13741 SARATOGA AVE SARATOGA CA 95070-5431 393-45-047 AARON K HAYASHI OR CURRENT OWNER 19938 BARONI CT SARATOGA CA 95070-5429 -37-025 FRANK ZHAO OR CURRENT OWNER 19857 MERRIBROOK DR SARATOGA CA 95070-5445 397-30-006 ABRAHAM S & HELEN WEI OR CURRENT OWNER 13850 SARATOGA AVE SARATOGA CA 95070-5456 397-30-043 JERALD E & JENNIFER WISDOM OR CURRENT OWNER 13818 SARATOGA AVE SARATOGA CA 95070-5455 397-30-049 JAMES R & JULIE PECK OR CURRENT OWNER 13846 SARATOGA AVE SARATOGA CA 95070-5455 397-30-062 ~NG & ALYCE WANG CURRENT OWNER 3810 SARATOGA AVE SARATOGA CA 95070-5455 393-45-033 LAWRENCE D & JUDY REEVE OR CURRENT OWNER ]9960 LANNOY CT SARATOGA CA 95070-5423 393-45-036 ABHIJEET & PRITI DUGAR OR CURRENT OWNER 19971 LANNOY CT SARATOGA CA 95070-5423 393-45-039,040 SCVWD 5750 Almaden Exp San Jose CA 95118 393-45-034 GARY G POE OR CURRENT OWNER 19951 LANNOY CT SARATOGA CA 95070-5423 393-45-037 BRIAN J & KAREN KERR OR CURRENT OWNER 19981 LANNOY CT SARATOGA CA 45070-5423 393-45-041 GLENFORD DENNEE 2265 EL CAMINO REAL 3 SANTA CLARA CA 95050-4064 393-45-045 393-45-046 WADE E & ROSEMARY PEEBLES JULIE STGREGORY OR CURRENT OWNER OR CURRENT OWNER 13755 SARATOGA AVE 19928 BARONI CT SARATOGA CA 95070-5431 SARATOGA CA 95070-5429 393-44-025 MARGARET J SMITH OR CURRENT OWNER 13754 HOWEN DR SARATOGA CA 95070-5451 393-44-026 SALVADOR A & LAURA LICCARDO 13744 HOWEN DR SARATOGA CA 95070-5451 393-37-026 GLENFORD DENNEE 2265 EL CAMINO REAL 3 SANTA CLARA CA 95050-4064 397-30-010 PROMOD & DORCAS HAQUE OR CURRENT OWNER 13780 SARATOGA AVE SARATOGA CA 95070-5432 397-30-046 WILLIAM & JULIA SOUSA OR CURRENT OWNER 13830 SARATOGA AVE SARATOGA CA 95070-5455 397-30-054 JOHN & DEBRA CANTELMO OR CURRENT OWNER 13840 SARATOGA AVE SARATOGA CA 95070-5455 397-30-063 JEFFREY D TUTTLE 2150 N 1ST ST 101 SAN JOSE CA 95131-2020 397-30-005 DUANE L & VICKIE BROWN OR CURRENT OWNER 13860 SARATOGA AVE SARATOGA CA 95070-5456 397-30-024 VINCENT W & LILY CHEUNG OR CURRENT OWNER 13820 SARATOGA AVE SARATOGA CA 95070-5455 397-30-047 ROMAN CATHOLIC WELFARE CORP OF S 13724 SARATOGA AVE SARATOGA CA 95070-5432 397-30-055 BARRY & PATRICIA FORD 1050 SARATOGA AVE SAN JOSE CA 95129-3402 397-34-001 VIOLET ] & RICHARD ONISHI OR CURRENT OWNER ]3952 SARATOGA AVE SARATOGA CA 95070-5436 223 397-34-002 LAVANYA KAILAR CURRENT OWNER ~41 SHADOW OAKS WAY SARATOGA CA 95070-5541 397-34-007 SHANKAR S & SANDHYA NARAYAN OR CURRENT OWNER 13998 SHADOW OAKS WAY cnuaTnra ~a g5mn_ssa~ 397-34-010 WIGHT TRUST PO BOX 2261 SARATOGA CA 95070-0261 Advanced Listing Services P.O. Box 2593 Dana Point CA 92624 397-34-003 AGOES H & JUMAINI JUDOPRASETIJO OR CURRENT OWNER 13953 SHADOW OAKS WAY ~auaTn~a ra o5n7n_SSa~ 397-34-008 KUMARAVEL A SADRAS OR CURRENT OWNER 13986 SHADOW OAKS WAY SARATOGA CA 95070-5542 397-34-011 DWIGHT N & JUDITH BAIRD OR CURRENT OWNER 13950 SHADOW OAKS WAY SARATOGA CA 95070-5542 397-34-004 ELVIN D & LOIS REAMEY PO BOX 3357 SARATOGA CA 95070-1357 397-34-009 VALENZUELA TRUST 9775 TAPESTRY DR GILROY CA 95020-9627 CITY OF SARATOGA ATTN: Shweta Bhatt 13777 FRUITVALE AVE SARATOGA CA 95070 224 LJ a 225 n ~.J ATTACHMENT 6 Recording Requested by: City Attorney City of Saratoga, California Whcu Recorded, Mail to: Office of the City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Form per Gov't Code Section 27361.6 SPACE ABOVE THIS LINE FOR RECORDER'S USES MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT This Agreement, ("Agreement"), is made and entered into this 5th day of September, 2007, by and between, Michael Belshe and Hiroko Belshe ("Owner"), Owner of the real property described below, and the City of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." A. Recitals. (1) California Government Code Section 50280, et seq. authorizes the City to enter into contracts with owners of qualified historical properties to provide for the use, maintenance, and restoration of historical properties so as to retain characteristics of historical significance. (2) Owner possesses fee title in and to (together with associated structures and improvements thereon) the real property described in Exhibit A to this Agreement and referenced herein as the Historic Property. The Historic Property is shown on the 2007 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 393-45-017 and as of the Effective Date is generally referenced by the following street address 13855 Saratoga Avenue in the City of Saratoga. (3) The Historic Property was designated by the City as a historic landmark by Ordinance No. and the City has determined that this Agreement is necessary. to allow the restoration, rehabilitation, and maintenance of the Historic Property. • (4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code. The Resolution of the City Council approving this Agreement is attached hereto as Exhibit B. 226 B. Agreement. City and Owner, in consideration of the mutual covenants and conditions set forth herein and the recitals set forth above, do hereby agree as follows: (1) Term ofAgreement. (a) This Agreement shall be effective and commence on the date recorded in the Santa Clara County Recorder's Office ("Effective Date")and shall remain in effect for a term of ten (10) years thereafter. (b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the Agreement shall be extended by one year unless notice of non-renewal is served as provided herein. (c) In accordance with Government Code section 50282 if either Owner or City desire in any year not to renew the Agreement, that Party shall serve on the other Party written notice of non-renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date. Notice of non-renewal by Owner shall be filed at least ninety prior to the Renewal Date. Either party may protest a notice of non-renewal. A . notice of non-renewal may be withdrawn at any time prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall remain in effect for ten years from the next Renewal Date as stated in this contract. (2) Condition of Historic Property. The characteristics that contribute to the historic significance of the Historic Property and the condition of the Historic Property as of the Effective Date are documented in Exhibit C to this Agreement ("Baseline Conditions"). (3) Standards for Historical Propertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: (a) Owner shall immediately implement the list of goals and general improvement plans for maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this Agreement ("Restoration Plan") in order to bring the Historic Property into conformance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation and the State of California's Historic Building Code (collectively, the "Applicable Rules"). Thereafter, Owner shall preserve and maintain the characteristics that contribute to the historic significance of the Historic Property. This shall include, but not be limited to, maintaining the Historic Property in good repair and • conducting all use, maintenance, repair, restoration, and preservation in accordance with Page 2 of 14 227 the Applicable Rules and all other City, State, and Federal laws. (b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on the Historic Property that does not involve a change in design, material, or external appearance thereof. Nor does this Agreement prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Community Development Director determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ("SHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall be used in the City's building permit procedure for the Historic Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the Owner or occupants of the Historic Property or the public. • (d) Owner shall maintain the Historic Property in a manner that does not block the view of the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or other landscaping. (4) Provision of Information. (a) Within thirty days of any request, Owner shall furnish City with any and all information requested by City relevant to this contract to determine compliance with the terms and provisions of this Agreement. (b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement, all records as may be necessary to determine the eligibility of the property involved, and Owner's compliance with the terms and provisions of this Agreement. These records shall include, but not be limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all such records to the new Owner of the Historic Property. (c) Owner shall submit annually to the Community Development Director a report which shall specify all work completed during the preceding twelve months to comply with the requirements of this Agreement and report on such other items as may be specified by the Community Development Director. • Page 3 of 14 228 • d Owner shall allow for eriodic examinations, b prior a () p y ppointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, (collectively the "Interested Agencies") and/or the City. The Community Development Director shall determine when periodic examinations by the City may be necessary to determine the eligibility of the property involved, and to determine Owner's compliance with the terms and provisions of this Agreement. Examinations by representatives ofthe Interested Agencies shall be made as deemed necessary by those agencies. (5) Cancellation. (a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50285, may cancel this Agreement if it determines one or more of the following: (i) Owner has breached any of the terms or conditions of this Agreement; (ii) Owner has allowed the Historic Property to deteriorate to the point that it no longer meets the standards of the Applicable . Rules or no longer qualifies as a City of Saratoga historic landmark; (iii) Owner has allowed the property to deteriorate to the point that it no longer meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings; (iv) Owner has not complied with other local, state, or federal laws and regulations. (b) In the event of cancellation, OWNER shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. (6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City. • (7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Page 4 of 14 229 Agreement, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default by Owner City shall give written notice of the violation to Owner by registered or certified mail addressed to the address provided for notice in this Agreement. The violation shall be corrected to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the violation cannot reasonably be cured within sixty days, actions to cure the violation shall be commenced within sixty days and pursued diligently to completion within a reasonable period of time to be determined by the City. If the violation is not timely cured then the City may, without further notice, declare a default and bring any action necessary to specifically enforce the obligations of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for such other relief as may be appropriate. The City's right to enforce this Agreement shall in no way limit or restrict its rights or legal remedies arising under other provisions of loca{, state, or federal law, including the historic preservation regulations under the City's municipal code. (8) Binding Effect of Agreement. (a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to the City. (b) City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner has a legal interest in the Historic Property and this Agreement relates to and affects the use of the Historic Property. (c) City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is not limited to the benefit to the public street named in the recitals to this Agreement, City, residents of City and of the State of California, and Owner. • Page 5 of 14 230 • (9) Notice. (a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. CITY: City of Saratoga Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 OWNER: Michael Belshe and Hiroko Belshe 13855 Saratoga Avenue Saratoga, CA 95070 (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members.of any • joint enterprise. (11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from forwhich Owner shall become legally liable arising from Owner's acts, errors, or omissions with respect to or in any way connected with the prosecution of the work performed by Owner pursuant to this Agreement. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this Agreement regardless of whether City prepared, supplied, or approved any plans, specifications, other documents, or any proposed conduct relating to the Historic Property. (12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay its own attorney's fees. (13) Recordation and Notice. No later than twenty (20) days after the parties • Page 6 of 14 231 • execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the Office of Historic Preservation of the Department of Parks and Recreation no later than six (6) months of entering into this Agreement and shall provide the City with a copy of such notice at the time it is filed. (14) Fees. The Community Development Director may assess and Owner shall pay such Mills Act Historic Property Contract fees for the administration of this Agreement as may be authorized from time to time by the City Council. (15) Severabilitv. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and Owner hereby declare that each would have approved and accepted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. • (16) Integrated Agreement -Totality of Agreement. This Agreement embodies the agreement between City and Owner and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. All Exhibits to this Agreement are hereby incorporated and made a part of this Agreement. (17) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (18) Governing Statutes and Law. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (19) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. • Page 7 of 14 232 IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day and year first written above. CITY OF SARATOGA, CALIFORNIA, a California municipal corporation City Manager ATTEST: Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868-1222 Fax Number: (408) 868-8555 City Clerk Approved as to Form: City Attorney OWNER [Notarized Signature(s) Required By: Name: Michael Belshe and Hiroko Belshe Title: Owners Local Address: 13855 Saratoga Avenue Saratoga, CA 95070 Telephone: (408) 718 - 6885 Exhibit List Exhibit A -Legal Description of Historic Property Exhibit B -City Council Resolution Approving Agreement Exhibit C -Baseline Conditions of Historic Property Exhibit D -Restoration Plan Page 8 of 14 233 • LEGAL DESCRIPTION OF HISTORIC PROPERTY Exhibit A The Historic Property that is the subject of this Agreement is the real property described below including all structures and improvements thereon: All that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: APN: 393-45-017 Beginning at an iron pipe set in the northwesterly line of Saratoga Ave at the most southerly corner of that tract deeded to L.C. Barnett by Edward M. Minshall by deed dated October 13, 1928, recorded in book 276 of official records, page 35 and running thence along the northwesterly line of Saratoga Ave, north 34° 54'E 80 feet to an iron pipe; and running thence parallel with southwesterly line of said tract deed to L.C. Barnett, North 56° W 170 feet to an iron pipe; and running thence parallel with the northwesterly line of Saratoga Ave, south 34° 54'W 80 feet to an iron pipe set in the southwesterly line of said tract deeded to L.C. Barnett and running thence along the southwesterly line of said tract, south 56° E, 170 feet to the point of the beginning. • 234 Resolution of the City Council of the City of Saratoga approving the MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT Exhibit B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 13855 SARATOGA AVENUE PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art: XIII-8 and California Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code 439-439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element C0.5.0 to "Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 13855 Saratoga Avenue has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance; and WHEREAS, the property located at 13855 Saratoga Avenue is the subject of a Mills Act contract between the City and the property owners dated September 5, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program for the property located at 13855 Saratoga Avenue immediately upon the effective date of the ordinance approving the Landmark designation. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5'h day of September 2007 by the following vote: r1 U 235 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Aileen Kao, Mayor Cathleen Boyer, City Clerk • 236 • BASELINE CONDITIONS OF HISTORIC PROPERTY Exhibit C 1. NAME OF PROPOSED MONUMENT: Lamphear House 2. ADDRESS: 13855 Saratoga Ave, Saratoga, CA 3. ASSESSOR'S PARCEL NUMBER: 393-45-017 4. COMPLETE LEGAL DESCRIPTION: Beginning at an iron pipe set in the northwesterly line of Saratoga Ave at the most southerly corner of that tract deeded to L.C. Barnett by Edward M. Minshall by deed dated October 13, 1928, recorded in book 276 of official records, page 35 and running thence along the northwesterly line of Saratoga Ave, north 34° 54'E 80 feet to an iron pipe; and running thence parallel with southwesterly line of said tract deed to L.C. Barnett, North 56° W 170 feet to an iron pipe; and running thence parallel with the northwesterly line of Saratoga Ave, south 34° 54'W 80 feet to an iron pipe set in the southwesterly line of said tract deeded to L.C. Barnett and running thence along the southwesterly line of said tract, south 56° E, 170 feet to the point of the beginning. 5. RANGE OF ADDRESSES: 13855 Saratoga Ave 6. PRESENT OWNERS: Michael Belshe & Hiroko Belshe 7. OWNERSHIP: Private 8. PRESENT AND ORIGINAL USE: Same 9. ARCHITECTURAL STYLE: Craftsman 10. PRESENT PHYSICAL DESCRIPTION: See project file at City of Saratoga 11. CONSTRUCTION DATE: Circa 1913 12.ARCHTECT, DESIGNER, OR ENGINEER: Unknown 13. CONTRACTOR/BUILDER: Unknown 14. PHOTOGRAPHS: See project file at City of Saratoga 15. CONDITION: See project file at City of Saratoga 237 • 16. ALTERATIONS: See project file at City of Saratoga 17.THREATS TO THE SITE: The site is located on Saratoga Ave. Private development or zoning changes are potential threats to the site. 18. STATEMENT OF SIGNIFICANCE: The house at 13855 Saratoga Ave. is a distinguished example of a Craftsman residence. Containing many characteristic details, such as rock walls, knee braces, wood siding, and multi-lite windows, the strong hand-crafted sense inherent in the building forms clearly associate the design with bungalows from the period. The house remains today as a clear representation of its era, in both design and detailing, and is an excellent example of Craftsman residential architecture in Saratoga. Given its recognized historic context along Heritage Lane, it qualifies for California Register under Criterion (3). It may also qualify for the National Register under Criterion C in the future, for its distinctive architecture given a reversal of some of the architectural changes that have been made over the last few decades. 19. SOURCES: See project file at City of Saratoga 20. PREPARER: L. Dill, J Kusz, & F Maggi; Archives & Architecture, PO Box 1332, San Jose, CA 238 RESTORATION PLAN Exhibit D Year 1: Fumigate & repair fungus damaged wood. Replace exterior windows in sunroom. Replace roof. Year 2: Rebuild chimney & seismic retrofit. Paint interior throughout. Add fencing. Year 3: Paint exterior. Year 4: Repiace some of the exterior windows. Regular maintenance. Year 5: Remodel downstairs bathroom. Repair damage in hardwood floors, refinish. Year 6: Repair basement foundation. Update landscaping. Year 7: Remodel kitchen. Repair deck. L , Year 8: Replace furnace. Update and refinish interior doors. Year 9: Remodel in-law unit. Year 10: Maintenance on exterior stone. Remodel upstairs bath. 239 5ARATOGA CITY COUNCIL MEETING DATE: September 5, 2007 AGENDA ITEM: l3 ORIGINATING DEPT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Appeal of the Planning Commission's June 13, 2007 Modification of Use Permits for St. Archangel Michael Serbian Orthodox Church at ] 8870 Allendale Avenue RECOMMENDED ACTION: Conduct public hearing. Direct staff to continue hearing to September 19, 2007. REPORT SUMMARY: On August 31 the appellants filed a request for a continuance of this matter. In accordance with the City Council's policy on requests for continuances the hearing date should be continued to September 19, 2007. (This is the next regular City Council meeting.) Because the September 5 hearing date has been publicly noticed, the matter must remain on the agenda in accordance with the continuance policy. The policy provides that if a request is received after the hearing date has been publicly noticed, the hearing will remain on the agenda for the date noticed and that the Council will receive public testimony at that hearing if any member of the public wishes to testify. Following the conclusion of public testimony, the Council votes to continue the hearing the next regular meeting of the City Council. Any public testimony provided at the initial hearing date is a part of the record for consideration at the continued hearing date. The request for continuance is attached. A letter objecting to the continuance is also attached. Because the request for continuance is in accord with the City's policy for processing continuances staff recommends that Council proceed in accordance with the policy. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N!A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A 2ao ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Letter from Rhonda Huff Attachment B -Letter from Berliner Cohen u 241 • From: Rhonda Huff [mailto:rhonda.huff@comcast.net] Sent: Friday, August 31, 2007 12:03 PM To: 'Brett Bennett'; 'Diane Drewke' Cc: 'Jonathan Wittwer'; drbarr@pacbell.net Subject: Postponment of September 5, 2007 Appeals Hearing Hi Brett and Jonathan To follow Brett's message forwarded below regarding the delayed response to our Public Records request, we will clearly need to postpone the upcoming City Council Appeals Hearing currently scheduled for September 5, 2007. This is required to allow the Saratoga Neighbors Task Force sufficient and reasonable time to review the new materials provided by the City as well as receive the forthcoming Staff Report for Appeal to the City Council (will that be completed by today, is that correct?). In addition, request is hereby made for a copy of the Staff Report to be forwarded electronically to all the recipients of this e-mail as soon as it is available. Please let us know when a new date can be set for the Appeals Hearing by replying-all to this message. Several of our task force members will be on holiday over the long weekend so your earliest response with a new date or date options would be appreciated. Best regards, Rhonda Huff -------------- -------------- Rhonda.huffta-~comcast.net 408-930-9958 (mobile) i s 242 BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERLMER• ROBERT L. CHORTEK 7HOMAS P. MURPHY MILES 1. DOLMGER ANDREW L. FABER JONATHAN D. WOLF A PA RTNEASHIP INCLUDING H. ANN UAOFF uUAA PALAZZOLO RALPH J.SWANSON KATHLEENKSIPLE PROFESSIONAL CORPORATIONS VICTOR A. PAPPALAMO AARON M. VALEN71 PEGGY L. SPRMGGAY KEVM F. KELLEY CHRISTIAN E. PICONE SHANNON N. COGAN JOSEPH E. DWORAK MARK MAIOEWICZ TEN ALMADEN BOULEVARD EILEEN P. KENNEDY KARA L ERDOD] SAMUEL L FARB ROBERTA 5. HAYASIB ELEVENTH FLOOR THOMAS D. MORELL ANDREW J. GIORGIANM ALAN 1. PINNER JEFFREY S- KAUFMAN CALIFORNIA 95113-2233 SAN JOSE SETH J. CORN FORAEST W. HANSEN FRANK R. UBHAUS JOLIE HOUSTON , CHRISTME H. LONG GENEVIEVE M. MCKERSON LMDA A. GALLON BRIAN L. SHETLER BRADLEY G. HTiBERT HEATHER H. MUNOZ LAMES P. CASHMAN JDIM F. DonnNCUE TELEPHONE: (408) 286-5800 DAUB) D. WADE SANDRA G. SEPULVEDA STEVEN J. CASAD NARAY A. LOPFZ FRCS Q~IILE: (408)998-5388 THOMAS E. EBERSOLE NANCY J. JOHNSON CHARLES W. VOLPE JEROLD A. REITON MICHAEL VIOLANTI wwwberliner.com •A Prorwsia~l Coryornlion OF COUNSEL IN ASSOCIATION W[TH RETIRED HUGH L. LSOu SAMUEL I. COHEN MCCRANE GREEN FIELD LLP STEVENL HALLGRIMSON ROBERT W. HUMPHREYS SAN JOSE SAN FRANCISCO ERIC WONG LINDA J. LFZOTTE NANCY L. BRANDY DAN W. CGDPERIDER Brw¢h OBice -Merced, CA August 31, 2007 Via Email and U. S. Mail Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: St. Archangel Michael Serbian Orthodox Church Dear Cathleen: This letter is written on behalf of St. Archangel Michael Serbian Orthodox Church ("St. Archangel Michael") concerning the recent request by Ms. Huff for a continuance of the public hearing scheduled for September 5, 2007. St. Archangel Michael strongly objects to this request for continuance and requests that the. City Council does not grant it. The idea that the appellants aze requesting a continuance at this late date is extremely prejudicial and violates St. Archangel Michael's right to due process and a fair hearing. Further, the grounds for the continuance are disingenuous at best. Ms. Huff stated that the grounds for the request were as follows: "To follow Brett's message forwarded below regarding the delayed response to our Public Records request, we will clearly need to postpone the upcoming City Council Appeals Hearing currently scheduled for September 5, 2007. This is required to allow the Saratoga Neighbors Task Force sufficient and reasonable time to review the new materials provided by the City as well as receive the WHV36590.1 083107-12822001 243 City of Saratoga August 31, 2007 forthcoming Staff Report for Appeal to the City Council (will that be completed by today, is that correct?). In addition, request is hereby made for a copy of the Staff Report to be forwarded electronically to all the recipients of this a-mail as soon as it is available. Please let us know when a new date can be set for the Appeals Hearing by replying-all to this message. Several of our task force members will be on holiday over the long weekend so your earliest response with a new date or date options would be appreciated." [Email from Ms. Huff to the City dated August 31, 2007.] However, the purported grounds for the request for continuance are misleading and invalid for the following reasons: The City provided the appellants and Neighborhood Task Force the records in response to its public records request on or about August 21, 2007. This is 15 days prior to the appeal hearing and is clearly sufficient time to review the records. Appellants could have requested a continuance due to the delay in receiving the public records 10 days ago and prior to the public hearing being noticed, but they did not. This tactic is an attempt to gain an unfair advantage at the inconvenience of the City Council and staff. • 2. The public may obtain a copy of the staff report on the Friday preceding the regularly scheduled public hearing. A claim that this continuance is necessary because the appellants will receive the staff report the same day as the rest of the public is disingenuous at best. The appeal hearing scheduled for September 5, 2007, will be a de novo review of City Resolution No. 07-056 adopted on June 13, 2007, for St. Archangel Michael's conditional use permit. The law is cleat• the grant of a conditional use permit with subsequent reliance by the permittee creates a fundamental vested right, which may not be revoked or modified without constitutional rights of due process.' Therefore, to satisfy our due process rights, we respectfully request that we are provided written notice of the new hearing date (if rescheduled) and any written correspondence from the appellants and/or neighbors regarding this appeal hearing. Further, if at the City Council meeting on September 5, 2007, or at a later rescheduled date, there are new allegations made against St. Archangel Michael, we reserve the right to request a continuance to review and respond to any new allegations, evidence and/or documents. ~ Malibu Mountains Recreation, Inc. v. County ofLos Angeles (] 998) 67 Ca1.App.4a' 359, 367; Kerley Industries, /nc. v. Pima County (9th Cu. 1986) 785 F.2d 1444, 1446. • WH1736590.1 -2- 083107-12822001 244 City of Saratoga August 31, 200'7 • We look forward to resolving this matter with the City. If you have any further questions or comments, please do not hesitate to contact me. Sincerely, BERLINER COHEN JOL'FE HOUS ON E-Mail: jolie.houston@berliner.com Cc: St. Archangel Michael Richard Taylor, City Attorney Jonathan Wittwer, Asst. City Attorney John Livingstone, Community Development Director ~J UH1736590.1 -3- 083107-12822001 245 Memo To: Mayor and City Council From: Cathleen Boyer, City Clerk Date: September 5, 2007 Re: Item #13 Additional correspondences in regards to item #9 -Appeal of the • Planning Commission's June 13, 2007 Modification of Use Permits for St. Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue. !`', i~ ~` ,i~ ~~ Cathy and Chuck Couchman 19720 Charters Avenue ~ ~~ Saratoga, CA 95070 ~~„ ~ '~ `~" ~~ = Home Phone: (408) 741-1187 ~t; ~ "`''= Cell Phone: (408) 398-5239 `~" [ :~ Email: chuckc3 easthlir~k.r;et A ~µ ~+ J ~ d `~~ ,,('E ~, ~" August 23, 2007 Members of the Saratoga City Council City of Saratoga 13777 Fruitvale Avenu+= Saratoga, CA 95070-5151 Dear Members of the City Council and Fellow Citizens of Saratoga, We understand that in the near future you will be making a decision regarding construction of new facilities designed to support the ministry of St. Archangel Michael Church. We are writing to erasure you know of our support for this effort. We moved to Saratoga in 1975 from the Upper Midwest. Much of our decision to live in Saratoga was based on the "small town feeling" we had and still have. And in part, this feeling was and is based on the presence of an active religious community. We have lived in Saratoga far over thirty years. While there may be exceptions, we • think that most of the faith-based communities were here when we arrived. In other words, we knew what vre were "getting into," so to speak. And we place value on it. Regardless of the level of one's spirituality, religious organizations affirm a sense of serenity and comfort which is very important in today's fast world. And it seems that the religious entities that am a part of Saratoga's life have been positive and, yet, not overbearing. The facilities of these religious organizations have contributed to our City. And the activities they initiate have been of value not only to their own members, but also to all the citizens of Saratoga. From our understanding of the activities which will be supported by St. Archangel Michael's facilities, these activities are consistent with those conducted by other faith- based communities in ;>aratoga. These activities are wholesome to our community, consistent with the needs of a faith-based organization, similar to those activities conducted by other faith-based entities in Saratoga, and certainly not overbearing or intrusive to our City. Also, from our understanding of the facilities being proposed by the church, it seems that both their function <and dE>sign will be assets to our city. We thank you for your continuing efforts to maintain and enhance Saratoga's ambiance. And we urge you to approve and affirm the proposals being made by St Archangel Michael. Sincerely, / _ ~~ r Z Cathy nd Chuc ouchman • Members of the Saratoga City Council 13777 Fruitvale Ave. Saratoga CA 95070- 515 ] Honorable Members of the City Council, ~.~,.a..~,. ~° ~ e , , ,, ~°~ Mr. & Mrs. Sam Ladabaum ~ ,r r',~ ~ ` , ~ . 13389 Hammons Ave 4 ,~J~ ~ 's ~1C~c Saratoga CA 95070 408 867 1565 ~~ ' ::';° 5 ~ 1 f ^ ~C. Caw, n~.c~., U~({C ""~/ ~~ This letter is in support of St. Archangel Michael Church that is currently working on obtaining your approval for their new sanctuary. --- We have been leaving in Saratoga for the past thirty years. We like this community. Supporting our religious institutions is to benefit the entire community. Allowing this church as well as other religious institution to maintain their activities which are not narrowly related to their own needs enriches the life in Saratoga. Respectfiilly Sam & Miriam Ladabaum ~` i' .,; , t • ,~ ,, #i ~5 .~-= • JEA.NNE L. WHITLOW -- ,:~_' 12969 Regan Lane ~ Saratoga, CA 950780 ~ August 24, 2007 ~ ,_ ~ ,~ fit`{ ~ - ~ ~'' City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Honorable Members of the City Council, I am a long time resident and former retail business owner in Saratoga. I attended the June 13, 2007 public hearing of the Planning Commission and was troubled by the scurrilous remarks against St. Archangel Michael Church and its parishioners by a group of individuals who are attempting to slander the reputation and standing of law abiding citizens of this community. I know many of the parishioners and wish them God speed in their effort to build their new church. They deserve your full support no less than the support you would give to all other churches in Saratoga. To limit them their cultural, religious and charitable activities would call that you do the same for every other church in Saratoga, and that would be unthinkable. Respectfully, `,~ . ~.~. ~.~.-~ ,. ~ Jeanne L. Whitlow ,; • • Cathleen Boyer m: City Council ~t: Tuesday, September 04, 2007 12:15 PM To; Ann Waltonsmith; Aileen Kao; Kathleen King; Chuck Page; Jill Hunter; Dave Anderson; Cathleen Boyer Subject: FW: Serbian Orthodox Church - Planning Process From: Elaine S Wilson [SMTP:SARAEWILSON@JUNO.COM] Sent: Tuesday, September 04, 2007 12:11:27 PM To: City Council Subject: Serbian Orthodox Church - Planning Process Auto forwarded by a Rule Dear Mayor Kao and City Council Members, I am writing to voice my disgust regarding the things that are occurring with regard to the use permits allowed the Serbian Church. Their many infractions to our city codes are legion, and have been pointed out to the Planning Commission on many occasions - although never with any repercussions to them. At the last Planning Commission meeting Ms. Hlava, from her chair, commented that Saratoga should be aware of the contributions the Serbian community have made to the city!!! No exactly an unbiased remark!!!.... Another comment made from the podium was with regard to the Liquor License - which was "When I fancy going out for a drink running down to the Serbian Church does not come to mind".... another "unbiased" comment.... fairness to the neighbors of the church - trying for a little show of "fair play" - I ld suggest some representatives of the City Council come to the meeting on September 5th (or, if granted, to the continuance) just to see what is going on, since the Minutes of the meetings do not seem to completely cover all that goes on at the meetings. Respectfully, Elaine Wilson - church neighbor.... 1 Page 1 of 8 Cathleen Boyer From: City Council Sent: Tuesday, September 04, 2007 9:21 PM To: Ann Waltonsmith; Aileen Kao; Kathleen King; Chuck Page; Jill Hunter; Dave Anderson; Cathleen Boyer Subject: FW: Diane Drewke's repsonse Mr. Wittwer's response to Diane Drewke allegations rights were Brown Act rights were violated re PC Proceedings Attachments: Letter to Dave Anderson re Diane Drewke Questions 2007 07 03.pdf From: Diane Drewke[SMTP:DREWKE@COMCAST.NET] Sent: Tuesday, September 04, 2007 9:33:32 PM To: Aileen Kao; Dave Anderson; Richard S. Taylor Cc: City Council; Aparjot Dehal; Bernie Mills; Bob and Karie Barr; D Bentek; Daryl Huff; Diana Goble; mae.chang@mjc-realty.com; Nguyen, Sam L.; Rhonda Huff; Sam Nag; Saskia Adams; Steve Schwartzkopf; swong@swongdirect.net; Ted Macauley; Trish Schist; Virginia King; Vivian Mills Subject: Diane Drewke's repsonse Mr. Wittwer's response to Diane Drewke allegations rights were Brown Act rights were violated re PC Proceedings Auto forwarded by a Rule Dear Mr. Anderson and Mayor Kao and Mr. Taylor, I felt that before I go before City Council tomorrow I needed to address Mr. Wittwer's comments into my allegations that my rights under the Brown Act were violated. I most likely will be taking the opportunity to speak tomorrow in oral communication and do not want to run into the same issues. In particular I will not be waiving my rights to speak on the appeal on September 19. Here are some corrections that need to be addressed in regards to Mr. Wittwer's letter addressing my concerns with the Brown Act. Comments Question 1: Mr. Wittwer kindly corrects me on how to refer to the building permit application (Use Permit for Sanctuary) although I admit to being confused because in my email from Barbara Powell she also refers to what is going on as the building permit application. If I am missing a nuance I would appreciate an explanation. Mr. Wittwer states he interviewed Commission Chair Hlava and was informed she did not understand my request. That the slip stated "oral communications" the assumption being that is all she saw. o What was omitted was I had a conversation with Chair Hlava just before the hearing started on the stage, Chair Hlava told me I could not speak during oral communications because this was on the agenda, when I tried to explain why this was not part of the agendized items, I was summarily dismissed and told to go sit down. o Having spoken before the Commission and Council I am well aware of how oral communications works and understood why this might be confusing. (tried very hard to • explain to Chair Hlava why this was not part of the agenda. I see this as an illustration on how the Planning Commission prejudges the neighbors concerns or comments. - 9/5/2007 l Page 2 of 8 The denial of my right to speak in oral communications on that day has had the further negative effect of nat allowing me to be able to bring this up in front of a large body of interested persons. The meetings I have previously been to before both the commission and council have not been any where as well attended which creates a climate of making sure fewer people are aware of the problems with the cities records. This in essence has created just what the Brown-Act tries to guard against and in 54954.3 "(a) Every agenda for regular meetings shall provide an Section 54954.3. opportunity for members of the public to directly address Opportunity for the legislative body on any item of interest to the public, public to address before or during the legislative body's consideration of the legislative body; " "(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law." Mr. Wittwer makes the assertion that Chair Hlava inadvertently deprived me of my right to speak and implies that the only information Chair Hlava received was from my slip of paper which is incorrect. Question 2: 1) There appears to me to be semantics between Cede and Share time, they are essentially the same. Someone gives time to the other person. 2) City Council is aware that people give up time for other people not necessarily spouses. Some people are frightened to speak in front of a large body of people not to mention on Television. In the past the City has allowed people to do that. An example April 18, 2007 Gity Council meeting Martha Davis gave her three minutes to Dave Bench. Her English was impeccable. 3) Previously Chair Rogers told me that in discussing the options for the building permit hearing that people could give up time for a uniform presentation. ~ 4) of time. We were not allowed or informed that we could share the 10 minute block 5} It is irrelevant how many minutes we were questioned versus the church. Especially since the church per the public record said they had seen an agreed to all the conditions before hand. 6) The inability to give the Commission complete and accurate information prejudiced the Commission against the neighbors. While I appreciate the Commission has every right to regulate time I feel the body did not act fairly with respect to the competing factions. The City should the waive the neighbors' $250 appeal fee. State of California Brown Act Pamphlet 2003 it was page 18-19 and 27-28 where I found these quotes. The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. The body may establish procedures for public comment as welt as specifying reasonable time limitations on particular topics or . individual speakers. So long as the body. acts fa....rly with. respect to the interest of the public and competing factions, it has great discretion in regulating the time 9/5/2007 Page 3 of 8 and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) My assertion is that the body did not act fairly with respect to the interest of the competing factions. Question 3: 1) I spoke to Mr. Wittwer and I said in an off hand remark about reading and understanding laws I was surprised to the extent of an interpretation. This should be of no surprise since I am a lay person. It was not meant that I could not get the meaning from the law it is quite clear. I also in an effort to be helpful tried to remember where I read the interpretation. I admit to being quite surprised that the City's lawyer would need my help in locating information on the Brown Act. I in no way meant for an off the cuff remark to be taken as this is where it was located and I stated that at the time. I said If I had time I would try and send the information to Mr. Wittwer. I did not have the time to research it for him. 2} Here is the text from the State of California Brown Act Pamphlet 2003. When a member of the public testifies before a legislative body. the body may not prohibit the individual from criticizing the policies, procedures, programs or services of the a ency or the acts or omissions of the legislative body, f§ 54954.3 (~ This provision does not confer on members of the. public any privilege or protection not otherwise provided by law, CHAPTER V. RIGHTS OF THE PUBLIC Under the Act, the public is guaranteed the right to provide testimony at any regular or special meeting on any subject which will be considered by the legislative body before or during its consideration of the item. (§ 54954.3(a).) In 80 Ops.Cal.Atty.Gen. 247, 248-252 (1997), this office concluded under a similar provision in the Bagley-Keene Act that the public's right to comment on all agenda items 27 applied to quasi-judicial proceedings as we(I as quasi-legislative proceedings. In addition, the public has the right at every regular meeting to provide testimony on any matter under the legislative body's jurisdiction. (§ 54954.3(a).} However, this office concluded that a body could prohibit a member of the public from speaking on a matter that was outside the jurisdiction of the body. (78 Ops.Cal.Atty.Gen. 224, 230 (1995).) The Act specifically authorizes the legislative body to adopt regulations to assist +~ in processing comments from the public. The body may establish general procedures for public 9/5/200? Page 4 of 8 comment as well • as specifying reasonable time limitations on particular topics or individual speakers. So long as the bod~r acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3{b).) The Act provides that the legislative body shall not prohibit a member of the public from criticizing the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. (§ 54954.3(c).) Public meetings of governmental bodies have been found to be limited public fora. As such, members of the public have broad constitutional rights to comment on - -- any subject relating to the business of the governmental body. Any attempt to restrict the content of such speech must be narrowly tailored to effectuate a compelling state interest. Specifically, the courts found that policies that prohibited members of the public from criticizing school district employees were unconstitutional. (Leventhal v. Vista Unified School Dist. (1997) 973 F.Supp. 951; Baca v. Moreno Valley Unified School Dist. (1996) 936 F.Supp. 719..) These decisions found that~rohibiting critical comments was a form'of viewpoint discrimination, and that such a prohibition promoted discussion artificiall~geared toward praising (and maintaining) the status quo, thereby foreclosing meaningful public dialogue. Agendas or any other writings, except for records exempt from disclosure under section 6254 of the Public Records Act, distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public upon request, and shalt be made available without delay to members of the public in accordance with the provisions of section 54957.5. If materials are provided prior to a meeting, the materials should, upon request and without delay, be made available to the public upon request at the time of distribution to the body. (§ 54957.5(a}.} If the materials are distributed to the members of the body by the agency at the meeting, the materials should be available to the public at that time as well. Materials provided at the meeting by a person, who is not a member of the body or employee of the local agency, must be made available by the body • to the public at the conclusion of the meeting. (§ 54957.5(bj.) 28 9/5/2007 Page 6 of 8 Members of the public who make written requests for documents which were finally approved in a closed session generally may receive copies of such documents at the conclusion of the meeting. (§ 54957.1(b).) This right to obtain documents does not include documents which are exempt from disclosure pursuant to section 6254 of the Public Records Act. (Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 370-373; Cal.Atty.Gen., Indexed Letter, No. IL 77-67 (April 28, 1977).) Pursuant to section 6253(c), a fee equal to the direct cost of duplication may be charged to any person requesting a copy of a public record. (§ 54957.5(c)); North County Parents Organization for Children with Special Needs v. California Department of Education {1994) 23 Cal.App.4th 144, 147-148.) In the North County case, the court indicated that a pro rata share of equipment and conceivably personnel expenses directly involved in actually duplicating a record could be included in calculating the fee. However, research and retrieval costs may not be included in the fee. Thus, the direct cost of actually photocopying a record may be recovered, but associated costs such as the cost of research, redaction and retrieval may not be recovered. If an agency records an open meeting either on video or audio tapes, the tapes and a tape recorder must be made available to the public if a request is made. (§ 54953.5(b).) The agency is not required to prepare a transcript, but if one were prepared, the public generally would have the right to receive copies upon request. (64 Ops.Cal.Atty.Gen. 317, 321 (1981).) If the agency wishes to destroy the tapes after 30 days, it may do so without regard to the limitations imposed by section 34090. {§ 54953.5(b).) Except as specifically authorized by the Act, the legislative body may not impose fees to defray its costs in carrying out the provisions of the Act. (§ 54956.6.) "Vista Unified School Dist. {1997) 973 F.Supp. 951; Baca v. Moreno Valley Unified School Dist. (1996) 936 F.Supp. 719.) These decisions found that prohibiting critical comments was a form of viewpoint discrimination, and that such a prohibition promoted discussion artificially geared toward praising (and maintaining) the status quo, thereby foreclosing meaningful public dialogue." Question 4: If the City did not send Ms. Houston drafts or partial drafts why did she indicate the Church had seen and agreed to all the conditions of the use permit that City staff had recommended. How 9/5/2007 _„ Page 7 of 8 did that occur? Here is an example of what information the neighbors were denied giving by the format: The neighbors were not able to present all there arguments and all the information was not given. In particular Mr. Wittwer failed to mention in his staff report, in his opening remarks nor at any time in the meeting salient information about the liquor license. In particular it was never mentioned that per the state that for the Church to serve liquor it is closed to the public and its "parishioners". There is a three to four tier differentiation of people who attend St Archangel Michael and their functions. There are members who pay DUES of $50 per year to belong to the ST MICHAEL'S Social Club and are the "Stewards of the Ghurch". These members and only their invited guests may attend activities where there is booze. There are parishioners who are not per the bylaws considered members nor are "members/stewards" conversely considered parishioners (please see the bylaws). The general public who according to the church's representatives testimony are welcome at all times is are also a different level. In summary: • MemberslStewards of the Social Club are also the highest members of the Church. o They pay $50 per year and get to vote on Church activities and can be board members. o They must be nominated and voted into membership by the other members. o They and only they and their specifically invited guest • Parishioners also are church goers but they are not members of the Church. • Guests can be brought into Social Club activities if invited by a member. • General Public non parishioners or members who attend the church or church functions. None of this information was provided. Why does it make a difference? Per Planning Commission deliberations there was tremendous confusion on the liquor laws. The Planning Commission even decided to regulate when and where to serve booze. This is not the Planning Commission's function. Instead that is the function of the State of California Alcohol Beverage Control. The Planning Commission's only function to the best of my knowledge is to determine whether the location is appropriate for the license that the ABC is considering allowing. If I had been allowed to speak I would have clarified this. Also Mr. Livingstone incorrectly asserted that there was zero complaints in 2006 and one complaint in 2007. I was shut down before I could comment on that as well. I know that is in error because I personally have complained well over 5 times and so did another neighbor. Ms. Rinaldi even confirmed it after one complaint that she had heard from more than 3 other neighbors. This is relevant because if liquor is served when it is open to the parishioners and general public they are violating their ABC charter and they are violating the City codes because they should only be open to their club members. This should all be written clearly in their Use Permit so the City and the Church are clear on who can attend what. 9/5/2007 Page 8 of 8 M Also it was never brought out that the properky ownership changed in 1992 and all the grandfathering of the licenses may be up for review, if the Church wants to claim non conforming uses. All this information would have been forthcoming if the Neighbors were allowed to share time and I was allowed to answer the questions directed at Mr. Mills. For this and other reasons like it I am concluding that the proceedings were in violation of the Brown Act in particular that the body did not act fairly in regard to the competing factions. Respectfully, Diane Drewke From: Jonathan Witiwer [mailto:Jonathan@wittwerparkin.com] Sent: Tuesday, July 03, 2007 9:20 AM To: aileenkao_saratoga@yahoo.com; 'Dave Anderson'; 'John Livingstone'; 'Richard S. Taylor' Cc: 'Diane Drewke; 'jlivingstone'; jhlavaogden@comcast.net; council@saratoga.ca.us; rkundtz@retirementcapital.com; 'Linda Rodgers'; SUSIEVNI@HOTMAIL.COM; manny.cappello@comcast.net; yanniezhao@yahoo.com; rishub@hotmail.com Subject: Letter Responding to Diane Drewke Questons re Planning Commission Proceedings ~onatlia~i W'ittiver WITTWER & PARHIN, LLP 147 South River Street, Suite 221 Santa Cruz, CA 95060 Phone: (831) 429-4055 Fax: (831) 429-4057 CONFIDENTIALITY NOTICE The information contained in this a-mail message is privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you have received this a-mail message in error, please a-mail the sender at jonathan(ci!wittwer~arkin.com or telephone (831) 429-4055. 9/5/2007 Page 1 of 1 Cathleen Boyer From: City Council Sent: Tuesday, September 04, 2007 9:29 PM To: Ann Waltonsmith; Aileen Kao; Kathleen King; Chuck Page; Jill Hunter; Dave Anderson; Cathleen Boyer Subject: FW: Need copy of PRA from Jolie Houston From: Diane Drewke[SMTP:DREWKE@COMCAST.NET] Sent: Tuesday, September 04, 2007 9:41:25 PM To: Brett Bennett Cc: City Council; Aparjot Dehal; Bernie Mills; Bob and Karie Barr; D Bentek; Daryl Huff; Diana Goble; mae.chang@mjc-realty.com; Nguyen, Sam L.; Rhonda Huff; Sam Nag; Saskia Adams; Steve Schwartzkopf; swong@swongdirect.net; Ted Macauley; Trish Schist; Virginia King; Vivian Mills Subject: Need copy of PRA from Jolie Houston Auto forwarded by a Rule Dear Mr. Bennett, In your May 22 email to Ms me a copy of the request? Houston you refer to her public record request. Would you please send I found I can not locate it in the 566 pages you sent me. Time is of the essence I would like it before the City Council Meeting tomorrow Sept 5. Thank you for your cooperation in this matter. Respectfully, Diane Drewke J 9/5/2007 Page 1 of 1 Cathleen Boyer From: ____ Rhonda Huff [rhonda.huff@comcast.net] ~~~ ~~~~ ~ ~~ Sent: Tuesday, September 04, 2007 6:17 PM To: 'Richard S. Taylor; 'Brett Bennett' Cc: Cathleen Boyer; 'Jonathan Wittwer'; City Council; John Livingstone; 'Diane Drewke ; 'Bob and Karie Barr' Subject: FW: staff reprot{sic} and policy Attachments: 090507 Report St. Michael's.pdf Richard and Brett; I am in receipt of the below forwarded message and attachment from Cathleen Boyer, however, this is clearly not the staff report to which Brett referred in his prior e-mails with Diane and me regarding a "Staff Report" that would review and respond to the issues raised in our appeal. Could you please forward the relevant staff report in response to the Saratoga Neighbors Appeal, not the one page document in response to the postponement request? If it is not yet prepared (the deadline as noted earlier was no later than August 29~h, 2007), please advise when it will be available. Thank you for your earliest response. Best regards, Rhonda Huff From: Cathleen Boyer [mailto:ctclerk@saratoga.ca.us] Sent: Tuesday, September 04, 2007 10:22 AM To: rhonda.huff@comcast.net Cc: Richard 5. Taylor Subject: staff reprot and policy Per your request. Cathleen Boyer ,City Clerk 9/5/2007