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Home My WebLink About05-18-2005 City Council Agenda AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MAY 18, 2005 OPEN SESSION - 5:30 P.M. JOINT MEETING WITH YOUTH COMMISSION CLOSED SESSION - 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE A VENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a)) Name of case: Hinz v. City of Saratoga v (Santa Clara County Superior Court Case No. 105CV034746) Conference with Legal Counsel- Initiation oflitigation (Gov't Code 54956.9(c): (1 potential case) REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov'!. Code 54954.2, the agenda for this meeting was properly posted on May 13, 2005) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters 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 the Youth Commission. Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS IA. Commendation in Memory of Kathryn Holt Recommended action: Present commendation. lB. Commendation - Honoring Apple Recommended action: Present commendation. Ie. Proclamation Declaring the Week of May 15-21 as "National Public Works Week" Recommended action: Present proclamation. 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. 2A. Review of Check Register Recommended action: Approve check register. 2B. Treasurer's Report for the Month Ended April 2005 Recommended action: Accept report. 2 2C. City of Saratoga FY 05-06 Operating Budget Recommended action: Adopt resolution amending the FY 04-05 Operating Budget; Adopt resolution adopting the FY 05-06 Operating Budget. 2D. Tax Equity Allocation (TEA) Resolution Recommended action: Adopt resolution authorizing an effort to pursue full cost recovery of Tax Equity Allocation (TEA) funds. 2E. Resolution to Rescind Resolutions No. 03-007 and No. 04-075 that Implemented and revised an Annual hiring Freeze on Vacated City Positions Recommended action: Adopt resolution. 2F. Office Specialist III Position Vacancy Recommended action: Designate position as essential and authorize the City Manager to fill the vacancy. 2G. Associate Planner Position Vacancy Recommended action: Designate position as essential and authorize the City Manager to fill the vacancy. 2H Amend Independent Contractor Agreement with David 1. Powers Associates for the Environmental Impact Report (EIR) for the Barry Swenson/Quito Road Project Recommended action: Authorize the City Manager to amend the agreement. 21 Amend Independent Contractor Agreement for the Contract Planner Assigned to the Barry Swenson/Quito Road Project Recommended action: Authorize the City Manager to amend the agreement. 21. Commission Restructuring Recommended action: Adopt resolution. PUBLIC HEARINGS 3. Proposed Master Fees Schedule for the Fiscal Year 2005-2006 Recommended action: Conduct public hearing; Adopt Fee Schedule. 3 4. Appeal of a Planning Commission decision to Approve a Condition Use Permit Application to Install Three Panel Antennas, An Emergency Generator, and an Uncovered Equipment Enclosure at the Location of an Existing Utility Lattice Tower Near Azule Crossing Along railroad Tracks - Verizon Wireless. Recommended action: Conduct the public hearing and continue the item to the June I, 2005 City Council meeting. OLD BUSINESS None NEW BUSINESS 6. Reclassification of Human Resources Analyst Position to Human Resources Manager Recommended action: Authorize the reclassification. 7. Establish a Council Revenue Enhancement Options Ad Hoc Committee and Provide Direction Recommended action: Accept report and direct staff accordingly. 8. Request from the Saratoga Community Band to Waive Fees Recommended action: Accept report and direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen King Association of Bay Area Government Hakone Foundation Liaison Santa Clara County Cities Association Santa Clara County Emergency Preparedness Council SASCC West Valley Mayors and Managers Association Vice Mavor Norman Kline County Cities Association Leg. Task Force Library Joint Powers Association SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) Valley Transportation Authority PAC Village AdHoc Design Review AdHoc 4 Councilmember Nick Streit Recycling & Waste Reduction Commission of SCC Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Kevin Moran Park AdHoc Councilmember Aileen Kao Chamber of Commerce County HCD Policy Committee Peninsula Division, League of California Cities Councilmember Ann Waltonsmith KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Saratoga Historic Foundation Sister City Liaison Fire District Boundary Drop 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 City Clerk at (408) 868- I 269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.I02-35.I04 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerkfor the City of Saratoga. declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on May I3, 2005 at the office of the City of Saratoga. I3777 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 www.saratoe-a.ca.us Signed this I i day of May 2005 at Saratoga, California. Cathleen Boyer, CMC City Clerk 5 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 6/1 Regular Meeting - Joint Meeting with SMSCF 6/15 Regular Meeting - Joint Meeting with Friends of the Saratoga Libraries 7/6 Regular Meeting - Joint Meeting with Planning Commission 7/20 Regular Meeting - Joint Meeting with Chamber of Commerce 8/3 Regular Meeting - Joint Meeting with Saratoga Museum Association 8/17 Summer Recess 9/7 Regular Meeting - Joint Meeting with Hakone Foundation 9/21 Regular Meeting - Joint Meeting with Villa Montalvo Board 10/5 Regular Meeting 10/19 Regular Meeting 11/2 Regular Meeting 11116 Regular Meeting 12/7 Regular Meeting - Council Reorganization 12/21 Regular Meeting 1/4 Regular Meeting 6 SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: ~ ORIGINATING DEPT: City Manager's Office PREPARED BY: C' fu 'I:f( Cathleen Hover. Citv ele CITY MANAGER: &-:7~/ ~ DEPT HEAD: Dave Anderson. Citv Manager SUBJECT: Commendation Honoring Kathryn Holt RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation is in memory of Kathryn Holt and dedication the trees that have been plated in her memory along Fruitvale Avenue. 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 agenda. ATTACHMENTS: None. ~ 't COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING KATHRYN HOLT WHEREAS, Kathryn Holt, a 32-year resident of Saratoga, loved her hometown for its natural beauty, from the redwoods in the hills to the oaks and flowers in her own front yard; and WHEREAS, Kathryn was treasured by all who new her for her loyalty as a friend and her generosity of spirit; and WHEREAS, Kathryn, an exemplary elementary school teacher for 38 years, evinced an incredible ability to relate to her 1,000 plus students over the course of her career; and WHEREAS, Kathryn, through her example of courage and tenacity during her 23-year battle with cancer, never stopped teaching the rest of us how to live - we were all in Mrs. Holt's classroom; and WHEREAS, Kathryn showed us all how to get excited about each new day and to embrace each new experience with gusto; and WHEREAS, she, as a long time cancer survivor, reached out with love, friendship, support, and hope to so many other women suffering from this dreaded disease; and WHEREAS, Kathryn as a wife and mother and grandmother, sister and daughter, was dearly cherished by her family and now sorely missed. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby commends Kathryn Holt for her appreciation of natural beauty, her loyalty, generosity, value to her students, courage, tenacity, love oflife, support of those in need, and devotion to her family and friends. BE IT FURTHER RESOLVED that the City dedicates the trees that have been donated and planted, 20 oak trees along Fruitvale Avenue, in her memory. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of May 2005. Kathleen M. King, Mayor City of Saratoga i:h . .J:E: SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager' Office \ AGENDA ITEM: CITY MANAGER: v2~ \B MEETING DATE: May 18, 2005 athle n B DEPT HEAD: e PREPARED BY: SUBJECT: Commendation Honoring Apple RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation is to express the City's appreciation to Apple for the "Greater West Valley Cities Electronics Recycling Event" celebrating "Earth Day 2005" that was held April 23, 2005. Art Fichter, Fletcher Cook, and Brain Miller, who were instrurnental in helping put the event together, will be present at the meeting to accept the commendation. 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 agenda. ATTACHMENTS: None. ~ 't COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING APPLE WHEREAS, on April 23, 2005 Apple sponsored an electronics recycling event celebrating Earth Day 2005; and WHEREAS, Apple invited the "Greater West Valley Cities" - Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Mountain View, Palo Alto, Saratoga, and Sunnyvale to participate in this event; and WHEREAS, each car that participated in this event was permitted to recycle up to five computer monitors, TVs, computers, printers, fax machines, cell phones, stereos, DVD players, etc.; and WHEREAS, over 650 participants took part in this event filling over three tractor trailers with end-of-life electronics for recycling; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga commends and thanks APPLE for planning, organizing, and sponsoring "The Greater West Valley City's Electronics Recycling Event" to celebrate Earth Day 2005 BE IT FURTHER RESOLVED that the City of Saratoga request that Apple Computer continues this event in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th day of May 2005. Kathleen M. King, Mayor City of Saratoga ... [IIi SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office PREPARED BY: ~ Cathleen Hover. City elerk CITY MANAGER: \C CJ?7 MEETING DATE: May 18, 2005 AGENDA ITEM: DEPT HEAD: Dave Anderson. Citv Manal!er SUBJECT: Declaring The Week Of May 15-21, 2005 "National Public Works Week" RECOMMENDED ACTION: Present proclamation to Public Works Director John Cherbone. REPORT SUMMARY: The attached proclamation declares the week of May 15-21, 2005 as "National Public Works Week". 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 agenda. ATTACHMENTS: None. t:t' "' CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF MAY 15-21,2005 "NATIONAL PUBLIC WORKS WEEK" WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systerns and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, safety and comfort ofthis comrnunity greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Kathleen M. King, Mayor of the City of Saratoga, do hereby proclairn the week of May 15-21,2005 as "NATIONAL PUBLIC WORKS WEEK" in The City of Saratoga, and I call upon all citizens and civic organizations to acquaint thernselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARA TOGA on this 18th day of May 2005. Kathleen M. King, Mayor Saratoga, California ..J: -j, ,~ SARATOGA CITY COUNCIL MEETING DATE: 5/19/2005 ORIGINATING DEPJtd~~CS Ji/( PREPARED BY: flL...__l- L./ I Kevin Cracknell AGENDA ITEM: t~ CITY MANAGER: DEPTHE~~^ " do - m"cln SUBJECT: Check Register for 05/03/2005 RECOMMENDED ACTION: That the City Council accepts the Check Register for 05/03/2005. REPORT SUMMARY: The attached Check Register for 05/03/2005. The checks were released on 05/0412005. Payroll checks were released on 04/28/2005. Starting Ending Total Type of Checks Date Checks # Check # Checks Amount Account Payable 5/3/2005 99195 99307 112 399,895.36 Payroll 4/14/2005 30712 30738 26 106,997.13 Payroll 4/28/2005 30739 30762 23 102,918.65 TOTAL 609,811.14 The prior Check Register for 4/18/2005 ended with check number 99194. Check# 99306 for $1,202.25 and check# 99307 for $650.00 were voided due to system error. Check# 99195 was issued manually for $73.75 for volunteer appreciation refreshments. Total accounts payable $401,673.86 -$1,202.25 -$650.00 $73.75 $399,895.36 Total per Expenditure Approval list Less check# 99306 Less check# 99307 Plus check# 99195 FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: Fund # Fund Description AlP Total PR Total I PR Total 2 Total I General 334,023.25 31,517.94 27,578.74 361,601.99 150 Streets & Roads 19,951.11 22,941.50 22,877.67 42,828.78 180 LLA Districts 1,452.79 1,768.29 1,771.14 3,223.93 250 Development Svcs 17,628.04 29,352.02 29,565.41 47,193.45 260 Environmental 721.79 3511.42 3,511.39 4,233.18 290 Recreation 15,058.39 10,587.39 10,624.80 25,683.19 291 Teen Services 96.00 4007.93 3,598.85 3,694.85 292 Facility Ops 1,681.19 3,310.64 3,390.65 5,071.84 320 Librarv Expansion 5,232.50 5,232.50 351 Public Safety 368.5 368.50 352 Infrastructure 3,098.25 3,098.25 601 Arborist 99.25 99.25 800 Deposit 121.3 121.30 TOTAL 399,895.36 106,997.13 102,918.65 609,811.14 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register 1 PAGE HAND- ISSUED N " i!; " ~ H ~ ~ C ~ o 3DVd os:nss I - ON'iH ~ ~ ~ ~ ~ ~ ~ ~ u ~ ~ ~u "' H ~ ~ ~O <0 >N O~ ~W ~H ~~ <~ o ~ ~ .. 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REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. 41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January I, 2001 cities are now required to forward copies of their second and fourth quarter calendar year investment portfolio reports to the California Debt and Investment Advisory Commission (CDIAC) within 60 days. The CDIAC will use the report as an additional opportunity to examine public investment practices in a more consistent basis than before. Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment Fund (LAIF) are exempt from the new investment portfolio reporting requirements and are only required to send a letter to CDIAC indicating the total and composition of their investments. This Treasurer's Report will satisfY our reporting requirement to the CDIAC. The following pages in the attachment provide various financial data and analysis for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of quarterly LAIF rates from the 1st quarter of 1977 to present. FISCAL IMPACTS None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A - Cash and Investments by fund B _ Change in total fund balances by fund C _ Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates CC cdiacjnvestments@treasurer.ca.gov (June & December reports only, within 60 calendar days) Finance Cornmission (electronically) ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of April 30, 2005, the City had $362,755 in cash, $13,760,088 on deposit in LAIF and the City's bond trustee held $332,039 in the City's name. The Council Policy on operating reserve funds adopted on April 20, 1994, states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled cash from all funds should not be reduced below $2,000,000. The total pooled cash balance as of April 30, 2005 is $14,122,842 and exceeds the limit required. Cash at Comerica Bank $ 362,755 Deposit with LAIF $ 13,760.088 Subtotal $ 14,122.842 Cash with Fiscal Aoent $ 332,039 Total $ 14,454,881 The following summarizes the City's total cash and investment balances by Fund. - Cash & Investm ent Fund Tvpes Fund Description Balance General General Fund $ 2.639.534 Designated Reserves: Operations $ 2.403.624 Economic Uncertainty $ 1,350.000 Theater Ticket Surcharge $ 26,062 CIP (Refunded from RDA) $ 162.000 Special Revenue Highway Users Gas Tax $ (548.534) Landscape and Lighting $ 18.361 Development Services $ 322.129 Designated Reserve: Tree Preservation Ordinance 226 $ 210.654 Enviromental Programs $ 1.004,907 Com m unity Developm ent Block Grant $ (2.342) SHARP loan $ 97.604 Recreation Services $ (91.381) Teen Services $ (48.436) Facility Rental Services $ 83.194 Theater Ticket Surcharge $ 19.823 CD Deposits - Planning Reviews $ 704.442 CD Deposits - Arborist Reviews $ 100.961 PW Deposits - Developer Fee (no interest) $ 116.500 PW Deposits - Developer Fee (with interest) $ 100.245 Capital Project Park Development $ 73.972 Library Expansion $ 1.139.067 Public Safety $ 814.331 Infrastructure $ 2.615,400 Facility $ 211.581 Park and Trails $ 194.631 Debt Service Library Bond $ 341.751 Internal Service Technology Replacement $ 128.198 Trust/Agency Leonard Road $ 37.240 KSAR - Community Access TV $ 73.540 Parkin9 District #3 $ (176.216) Saratooa Public Financino Authoritv $ 332.039 Total Citv $ 14,454,881 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City's major fund types at April 30, 2005. It excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party's funds. As of April 30, 2005, transfers from General Fund to support Recreation's operation have not been made. There were two re-classes of reserves in the General Fund for the Theater Ticket Surcharge of $3,062 and for the Saratoga Youth Sports of $2,730. Transfers were made to General Fund for the Administrative Expenses for the Lighting and Landscaping Fund, Development Services Fund, and Environmental Services Fund. 07/01/04 04130/05 Fund Incrl(Decr) Fund Fund Description Balance Jul - Mar Revenues Exoenditures Transfers Balance General General Fund 950.844 (170.347) 1.587.759 (661.292) 810,017 2.516.981 Designated Reserves: Operations 2.403,624 2,403.624 Economic Uncertainty 1.500.000 (150.000) 1.350,000 Saratoga Youth Sports 2.730 (2,730) Theatre Ticket Surcharge 23.000 3.062 26.062 CIP (Refunded from RDA) 162.000 162.000 Special Revenue Highway Users Gas Tax 551.771 (941.127) (1.046) (84.973) (475.374) Landscape and Lighting 36.609 (16,487) 36.616 (13.153) (26,676) 16.909 Development Services 741,697 456.096 86.916 (101.895) (683.525) 499.290 Environmental Programs 847,459 199.959 68.837 (11.922) (100.148) 1,004.1p- CDBG (36.720) 52.655 (15.000) (1.~"! SHARP Loan 84.000 10.884 2,719 97.60 Recreation Services (407) (117.557) 63.518 (55.838) (110.284) Teen Services 12.864 (60,421) (4.830) 13.242 (39.145) Facility Rental Services 20,509 36.298 16,475 (6.782) 66,499 Theater Ticket Surcharge 29.519 (9.696) (9.879) 9.944 CD Deposits - Planning Reviews CD Deposits - Arborist Reviews 166,567 166,567 PVV Deposits - Developer Fee (no interest) PVV Deposits - Developer Fee (with interest) 1.501 1.501 Capital Project Parl< Development 200 64,074 9.697 73.972 Library Expansion 1.179,492 (26.808) 2,029 (20.879) 1.133,835 Public Safety 1.083.157 (269.250) 30.113 (1.394) 842,626 Infrastructure 2.821.696 (203,816) (5.579) 2.612.302 Facility 543,584 (332.004) 211.580 Parl< and Trails 501.291 (215.525) 285,766 Debt Service Library Bond 701.976 (367.088) 8,436 (1,556) 341.768 Internal Service Fund Technology Replacement 128,198 128.198 PERS retirement 139.668 1139.668\ Total City 14,277,751 (2,103,471 ) 2,127,963 (976,898) 13,325" _ I Phil Angelides, State Treasurer Inside the State Treasurer's Office .. PMIA Average Monthly Effective Yields 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.390 6.610 6.730 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 10.980 11.251 11.490 11.480 12.017 11. 798 10.206 9.870 9.945 10.056 1 0.426 10.961 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2.264 2.368 2.542 2.724 SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: 2(j C.-??7 PREPARED BY: ~ - Michele Braucht CITY MANAGER: Dave Anderson ~"" DEPT HEAD: - Michele B aucht ORIGINATING DEPT: Administrative Svcs SUBJECT: City of Saratoga FY 2005-06 Operating Budget RECOMMENDED ACTIONS: Accept the report and adopt the two attached resolutions: I. A Resolution of the City Council of the City of Saratoga Amending the FY 2004-05 Operating Budget, reducing the Council Contingency by $20,000. 2. A Resolution of the City Council of the City of Saratoga Adopting the FY 2005-06 Operating Budget. REPORT SUMMARY: On May 4, 2005 the City Council held a public hearing on the FY 2005-06 proposed operating budget. The City Council gave staff direction for revisions to the proposed operating budget in preparation for the final adoption. FISCAL IMPACTS: Following is a summary ofrevisions to the proposed FY 2005-06 operating budget: Support to Outside Agencies - Funding Source $20,000 from the City Council FY 2004-05 Contingency Fund. The expenditure budget for this program was increased by $20,000. The additional expenditures are: . $7,000 for the Village Shuttle . $9,000 for Celebrate Saratoga (an in kind contribution of Public Works overtime) . $4,000 for Silicon Valley Wildlife Center CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not have an adopted budget for the FY 2005-06 fiscal year. ALTERNATIVE ACTION Provide staff with new direction for revisions to the FY 2005-06 operating budget. FOLLOW UP ACTION Based on direction from Council, staff will prepare, print and post the FY 2005-06 operating budget. ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS: 1. Summary- Source and Use of Funds 2. A Resolution of the City Council of the City of Saratoga Amending the FY 2004-05 Operating Budget, reducing the Council Contingency by $20,000. 3. A Resolution of the City Council of the City of Saratoga Adopting the FY 2005-06 Operating Budget. SDecial Revenue Funds: SLESF - COPS 100.000 100.000 100.000 0 Gas Tax Fund 611,100 611,100 607,200 3.900 Landscape & Lighting 44,200 358,200 402,400 290,100 43,700 68.600 Development Services 182.400 2,227,900 2,410,300 1,951.600 364.300 94.400 Environmental Services 706.300 493.800 1.200,100 446,200 60.000 693,900 Developer Fees 99.900 2,500 102,400 102,400 CDBG - Grants 217,500 217,500 202,500 15.000 Sharp Loan 92.000 2,300 94,300 94,300 Recreation 952,700 32,100 984,800 984.800 Teen Services 54,600 42,200 96.800 96,800 Other Funds: Park Development CIP 10.100 62,100 72.200 72.200 Library CIP Expansion 859.300 28,900 888,200 75,000 813,200 Library Bond Debt 766.500 920,600 1,687.100 1,032,400 654,700 Leonard Road 11,500 11,500 9.200 2,300 Community Access TV 73,600 1.800 75,400 15,000 60,400 Parking Dist #3 25,500 25,500 25.500 Saratoga Public Financing 171,300 171.300 171,300 Internal Service Funds: Capital Equipment - Vehicles 50,000 50.000 47,000 3,000 Capital Equipment - Computers 128,200 25,000 153,200 25,000 128.200 CIP Projects - Facilities 50,000 50,000 50,000 Grand Total 7,451,100 15,043,500 942,400 23,437,000 15,381,800 942,400 7,112,800 ATTACHMENT 2 RESOLUTION NO. A RESOUL TION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FISCAL YEAR 2004-05 OPERATING BUDGET BY REDUCING THE COUNCIL CONTINGENCY FUND BY $20,000 WHEREAS, the City Council at the May 4, 2005 Council meeting directed staff to reduce the Council Contingency budget for FY 2004-05 by $20,000; WHEREAS, the City Council directed staff to use the $20,000 as a funding source in the FY 2005-06 operating budget; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to reduce the Council Contingency budget from $89,000 to $69,000 a reduction of $20,000. AND BE IT FURTHER RESOLVED, that the Administrative Services Director is directed to record these changes into the City's accounting records in accordance with appropriate accounting practices. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of May 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: , Mayor ATTEST: Cathleen Boyer, City Clerk ATTACHMENT 3 RESOLUTION NO. A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE FISCAL YEAR 2005-06 OPERATING BUDGET WHEREAS, the City Council held a public hearing on the proposed operating budget for fiscal year 2005-06 on May 4,2005; WHEREAS, the City Council gave staff direction for revisions to the proposed operating budget in preparation for the final adoption; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga that the fiscal year 2005-06 Operating Budget is hereby adopted as shown on Attachment I, attached hereto, and by reference made a part hereof. AND BE IT FURTHER RESOLVED, that the Administrative Services Director is directed to record these changes into the City's accounting records in accordance with appropriate accounting practices. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of May 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: , Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL ORIGINATING DEPT: CITY MANAGER: 2.0 OJ'~ MEETING DATE: May 18, 2005 AGENDA ITEM: PREPARED BY: DEPT HEAD: Dave Anderson, City Manager SUBJECT: Tax Equity Allocation (TEA) Resolution RECOMMENDED ACTION(S): Approve resolution authorizing an effort to pursue full recovery of Tax Equity Allocation (TEA) funds. REPORT SUMMARY: Council agendized a report for the May 4, 2005 council meeting to consider contacting the three other affected TEA cities with the intent of recovering our full TEA allocation. To recap, the Cities of Cupertino, Los Altos Hills, Monte Sereno, and Saratoga were historically "low/no" tax cities. Proposition 13 locked in these low property tax rates. Legislation was enacted in the late 1980's to bring low/no tax cities up to 7% of the property tax rate. This legislation was tied to state funding of county trial courts. Counties had the option to accept or rej ect the offer from the state. If they accepted the trial court funding, they had to pass along the TEA funds to low/no tax cities in their jurisdictions. At the time, Santa Clara County stated that the reimbursement from the state for trial court funding was less than the required TEA payments to the Cities. The County informed the cities the only way they would support the legislation was if the cities were to forfeit 45% of the TEA allocation to the county as an offset. Each ofthe cities in turn, endorsed the concept under the theory that something is better than nothing. Since that time trial court funding to the counties has increased many times, offsetting any losses for the TEA payments. Furthermore, trial court funding is no longer tied to the TEA pass-through requirement. Because of the financial stress local governments are under, we have an obligation to our citizens to recover the full TEA allocation to fund local city programs and services. A resolution supporting the fuJl restoration of the Tax Equity AJlocation funding for the four cities is attached to this report. FISCAL IMPACTS: If Santa Clara cities were to receive 100% of the Tax Equity Allocation fate of 7%, the City of Saratoga would receive an additional $1,207,800 each year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Saratoga and the other three low/no tax cities in Santa Clara County will continue to forgo millions of doJlars in potential tax revenue, currently diverted to Santa Clara County. ALTERNATIVE ACTION(S): None FOLLOW UP ACTlON(S): Contact the three Cities to gauge their interest in restoring the TEA formula to 100%. If the other Cities support the concept, organize a multi-jurisdictional committee to explore steps that could be taken to work with the County and our Legislators to rnodifY current Revenue and Taxation Code. ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Attachrnent A - May 4, 2005 Council Report Attachrnent B - Resolution RESOLUTION 05- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING AN EFFORT TO RESTORE TAX EQUITY ALLOCATION FORMULA TO 100% WHEREAS, Proposition 13 limited property taxes to 1 % of assessed valuation. AB8 was passed a few years later implementing Prop 13, and stipulated that the agencies that shared in a tax rate area before Prop 13 would continue to share at the same percentage; and WHEREAS, Tax Equity Allocation (TEA) legislation was passed in the late 1980's to provide relief for smaller cities, which historically taxed their citizens at a lower rate. These cities were called "low/no tax cities". In Santa Clara County, low/no tax cities are: Saratoga, Cupertino, Los Altos Hills and Monte Sereno; and WHEREAS, when this legislation was first enacted, it guaranteed all cities in California 7% of the I % property tax, and was tied to county trial court funding. Each county was given the option of participating in the trial court funding program, with the requirement that the TEA Program for low/no tax cities be implemented. In Santa Clara County the amount of revenues the County received from trial court funding did not offset the amount it lost transferring TEA revenues to the cities; and WHEREAS, Senator Vasconcellos representing much of Santa Clara County, authored an amendment limiting the four low/no tax cities in Santa Clara to 55% of what other low/no tax cities in the state received. The four low/no tax cities in Santa Clara County are the only cities in the state affected by this legislation; and WHEREAS, since that time, trial court funding to the counties has increased many times, offsetting any losses to the County. Furthermore, trial court funding is no longer tied to the TEA pass-through requirement; and WHEREAS, because of the increased financial stress our cities are under, we have an obligation to our citizens to recover the full TEA allocation to fund local city programs an services; and NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Saratoga authorizes an effort to recover 100% of the Tax Equity Allocation formula BE IT FURTHER RESOLVED, that cooperation with the three other affected cities is necessary to effect this change. , BE IT FURTHER RESOLVED that the City Council of the City of Saratoga encourages the cities of Cupertino, Los Altos Hills and Monte Sereno to participate in an effort to restore the Tax Equity Allocation formula to 100%. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of May, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: - 2l:; ORIGINATING DEPT: City Manager's Office CITY MANAGER: G J ~ PREPARED BY: Lurie Tinfow. Assist. Citv Mgr. DEPT HEAD~ J.\~ Lorie Tinfow May 18, 2005 AGENDA ITEM: SUBJECT: Resolution to Rescind Resolutions No. 03-007 and No. 04-075 that Implemented and Revised an Annual Hiring Freeze on Vacated City Positions RECOMMENDED ACTIONS: Adopt attached Resolution to rescind Resolutions No. 03-007 and No. 04-075 and reinstate the City Manager's ability to fill authorized staff vacancies as part of normal operations. REPORT SUMMARY: As part of the budget reductions for 2003-04, a staff hiring freeze was enacted with exceptions for department directors and essential employees. A copy of Resolution No. 03-007 is attached for reference. At the Council meeting on September 1,2004, Council adopted an additional resolution to permit the City Manager to fill existing positions with current staff (by transfer or promotion) without additional Council action. A copy of that resolution is also attached. During the budget development process for 2005-06, the City Council incorporated principals of the "New Normal" which moves away from recessionary budget actions and toward normal operations including filling budgeted positions. With the adoption of the 2005-06 budget, the positions frozen over the past several years have been eliminated from the City's standard staffing level. The number of Full Time Equivalents or FTEs has been reduced to 54.85-the lowest level since 2000-01. In addition to the new budget direction, rescinding the resolution will save time and extra work. The sometimes two or three weeks between employee resignations and Council meetings adds extra time to the recruitment process and unnecessarily burdens the remaining staff who often must complete extra work created by the vacancy. FISCAL IMPACTS: None. ALTERNATIVE ACTIONS: Maintain the resolutions and policies as they currently stand. FOLLOW UP ACTIONS: Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: . Proposed Resolution . Copy of Resolution No. 03-007 . Copy of Revised Resolution No. 04-075 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RESCINDING RESOLUTIONS 03-007 AND 04-075 THAT ESTABLISHED AND REVISED AN ANNUAL HIRING FREEZE ON VACATED CITY POSITIONS WHEREAS, the City of Saratoga's best practice policy is to maintain a positive balance between current revenues and the cost of operations; and WHEREAS, the City continues to experience revenue reductions which would require staff to implernent measures for expenditure reductions; and WHEREAS, staff recommended on February 19, 2003 a hiring freeze on all vacant positions except department directors and other essential personnel as approved on a case-by-case basis and authorized by the City Council; and WHEREAS, the City Council revised the hiring freeze on September 14, 2004, to allow the City Manager to approve transfers or promotions of existing staff into vacant positions without further Council action; WHEREAS, the 2005-06 budget eliminates unfunded positions and moves the City organization toward a Council-approved "new normal"; and WHEREAS, the "new normal" moves away from recessionary budget actions and toward normal operations including filling budgeted positions; and WHEREAS, the City has apprised the recognized labor organizations of the above proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby rescind Resolutions 03-007 and 04-075 and authorizes the City Manager to fill vacant budgeted staff positions as a matter of normal operations effective immediately. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of Saratoga held on the 18th day of May, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk RESOLUTION NO. 03-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IMPLEMENTING AN ANNUAL HIRING FREEZE ON VACATED CITY POSITIONS. WHEREAS, the City's best practice policy is to maintain a positive balance between current revenues and the cost of operations; and WHEREAS, the City is currently experiencing revenue reductions, which would require staff to implement measures for expenditure reductions, and WHEREAS, staff recommends a hiring freeze on all vacant positions except department heads and other essential personnel, as approved on a case-by-case basis and authorized by the City Council; and WHEREAS, the City Council has considered the recommendations of the City Manager and believes that implementing these further changes will be in the best interest of the City. WHEREAS, the City has apprised the recognized labor organizations of the above proposaL NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby authorize the City Manager to implement a hiring freeze for all existing and future vacated positions, except for department heads and other essential positions that are approved on a case-by-case basis and authorized by the City CounciL This hiring freeze will expire after one year from the date of authorization by the City Council and may be renewed annually each year with adoption of the budget, as necessary. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of February 2003, by the following vote: A YES: Councilmembers KatWeen King, Norman Kline, Vice Mayor Ann Waltonsmith NOES: None ABSTAIN: None ABSENT: Councilmember Stan Bogosian, Mayor Nick Streit ,# c;fl~~ Ann Waltonsmith, Vice Mayor --, Cathleen RESOLUTION NO. 04-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVISING AN ANNUAL HIRING FREEZE ON VACATED CITY POSITIONS WHEREAS, the City of Saratoga's best practice policy is to maintain a positive balance between current revenues and the cost of operations; and WHEREAS, the City continues to experience revenue reductions which would require staff to implement measures for expenditure reductions; and WHEREAS, staff recommended on February 19, 2003 a hiring freeze on all vacant positions except department directors and other essential personnel as approved on a case-by-case basis and authorized by the City Council; and WHEREAS, the City Council has considered the recornmendations of the City Manager and believes that implementing these further changes will be in the best interest of the City; and WHEREAS, the City Council values current staff and wishes to revise the previous resolution to permit staff transfers between positions without Council review and approval; and WHEREAS, the City has apprised the recognized labor organizations of the above proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby authorize the City Manager to continue a hiring freeze for all existing and future vacated positions, except for department directors and other essential positions that are approved on a case-by-case basis and authorized by the City Council. The Council further authorizes the City Manager to approve transfers of staff between positions without Council's express approval. This hiring freeze was renewed with adoption of the 2004-05 budget. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of Saratoga held on the 15th day of September, 2004, by the following vote: AYES: Councilmember Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith NOES: None ABSENT: Councilmember Stan Bogosian ABSTAIN: None Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: 1_P &J~ ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY:~~ AlCP, Com. Dev. Dir. C/ SUBJECT: Office Specialist III Position Vacancy DEPT HEAD: Ot?~ tY RECOMMENDED ACTIONS: Staff recommends that Council designate the Office Specialist ill position as "essential" and authorize the City Manager to fill the vacant position. REPORT SUMMARY: Office Specialist ill Kristin Borel has accepted a position as an Administrative Analyst with the City Public Works Department. Kristin supports the Planning and Building Division as the Office Manager and Assistant to the Community Development Director. Kristin manages all of the deposit accounts and project files for over 100 current planning projects under review, and all of the projects as they continue through the building process. She also manages over 300 arborist deposit accounts, the tree and landscape bonds, and assists with the phones and front counter and tracking of all activities in the Department. Kristin's position is vital to the operations of the department. FISCAL IMPACTS: No additional staffing costs will be incurred since the position has been funded in the 2005-06 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without an Office Specialist ill position, the City will have difficulty completing essential planning and development functions. ALTERNATIVE ACTIONS: None FOLLOW UP ACTIONS: Staff will implement Council's direction. SARATOGA CITY COUNCIL MEETING DATE: May IS, 2005 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: &...:J~ ?_ec, PREPARED BYy/~g~CP' Com. Dev. Dir. . ~ DEPT HEAD: p9..-1 [/ SUBJECT: Associate Planner Position Vacancy RECOMMENDED ACTIONS: Staff recommends that Council designate the Associate Planner position as "essential" and authorize the City Manager to fill the vacant position. REPORT SUMMARY: Associate Planner Ann Welsh has accepted a position with the Town of Fairfax in Marin County as the Director of Planning and Building Services. Currently Ann has approximately 30 applications. The Associate Planner position is vital to the operations of the department. Fortunately staff has already advertised for the other vacant associate planner position created with my promotion to Community Development Director. It appears that there are a number of good candidates that have applied for the position, which closed May 13, 2005. This will allow the City to fill both vacant planning positions at the same time. FISCAL IMPACTS: No additional staffing costs will be incurred since the position has been funded in the 2005-06 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without an Associate Planner, the City will have difficulty completing essential planning and development functions. ALTERNATIVE ACTIONS: None FOLLOW UP ACTIONS: Staff will implement Council's direction. SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: zW e:?J ~ ORIGINATING DEPT: Community DevelopmeutCITY MANAGER: PREPARED BY: JO';" Li~a;:CP, Com. Dev. Dir. DEPT HEAD: t2;1 a~ / ~ SUBJECT: Amend Independent Contractor Agreement with David J. Powers Associates for the Environmental Impact Report (EIR) for the Barry Swenson/Quito Road Project RECOMMENDED ACTIONS: Authorize the City Manager to amend the existing agreement with David J. Power Associates for the preparation of an EIR not to exceed $36,000 without further Council authorization and to extend the term to January I, 2008 or completion of the project. REPORT SUMMARY: The City has received an application for development of a 60-unit condominium, from Barry Swenson Builders. Staff, based upon an Initial Study prepared in-house, determined that an environmental impact report is required pursuant to the California Environmental Quality Act (CEQA). On March 3, 2004, the Council approved a contract with David J. Powers Associates for the preparation of the EIR for $158,954. David J. Power Associates has requested an additional $36,000 for the project modification from 60 condominium units to 27 units and for additional biological assessments for the riparian habitat restoration plan. The applicant, Barry Swenson, has approved the request. FISCAL IMPACTS: None. The cost of the EIR and City administration time is a developer pass-through. Barry Swenson Builders has deposited the full amount of the cost of the EIR with the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): Without services provided by David J. Powers Associates, the City will have difficulty completing essential planning and development functions in a timely manner. The proposed project is not subject to the Permit Streamlining requirements. Therefore, a time delay would not result in any violation of Permit Streamlining requirements. ALTERNATIVE ACTIONS: Select another option to meet City's needs. FOLLOW UP ACTIONS: I. Amend the contract agreement. 2. Staff will require the applicant to rnake an additional deposit to the account of $36,000. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Amended Contract 2 CITY OF SARA TOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and David J. Powers Associates, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered an independent contractor agreement dated April 21, 2004 ("Original Agreement"); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the payment terms, and length of term of the Original Agreement by entering this Amendment Agreement to amend the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: I. Amended Exhibit "B" total compensation not to exceed an additional Thirty Six Thousand dollars. 2. Amended Term. The text of Section 2 of the Original Agreement regarding "Term" is hereby replaced with the following: TERM. The term of this Agreement commences on April 21, 2005, and extends through January I, 2008 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor By: By: - Dave Anderson, City Manager Date David J. Powers Associates, Date EIR Consultant Attest: Cathleen Boyer, City Clerk Date Approved as to Form: Richard S. Taylor, City Attomey Date Approved as to Budget authority and insurance: Michele Braucht Date Administrative Services Director SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: 2.I.. ~J~ ORIGINATING DEPT: Community DevelopmentCITY MANAGER: PREPARED BY:W,F. Livin~ AICP, Com. Dev. Dir. DEPT HEAD: IY2-:f' ?/ lad!..., ~ / SUBJECT: Amend Independent Contractof Agfeement fOf the Contfact Plannef assigned to the Barry Swenson/Quito Road Project RECOMMENDED ACTIONS: Authorize the City Manager to amend the existing agreement with Allison Knapp for planning and development services not to exceed $50,000 without further Council authorization. REPORT SUMMARY: Ms. Knapp, a principal of Knapp Wollum Consulting Services, worked for the City on a part time basis, between August 1,2000 and the Fall of2001. Once the Department was fully staffed in 2001, Ms. Knapp's services were no longer needed. With the submittal of the Barry Swenson 60-unit condominium project, recently reduced to 27 units, the City Council approved a contract with Ms. Knapp for Planning Services. Allison's assignment has included and will continue to include assisting with the formal completeness review, working with the consultant in the preparation of the Environmental Impact Report (EIR), staffing community workshop meetings held by the developer and generally preparing Staff Reports and ensuring that all documents are completed in a timely and thorough manner. Since Barrie Swenson Builders initial submittal and the subsequent award of a contract for the preparation of an EIR substantial work has been accomplished in solidiJYing the project submittal in order that the EIR may be prepared. The initial scoping workshop for the preparation of the draft EIR has been completed and a second scoping session for the most recent changes is being scheduled. FISCAL IMPACTS: There are no fiscal impacts as the Department operates on a deposit system that was put in place two years ago. The City will have fuJl cost recovery on this project. This includes City Staff, Consultants, overhead and the City Attomey. The applicant deposited an initial $28,000 and an additional $25,000. Currently there is $11,000 in the account and several large invoices due. With the tempo of the project starting to increase staff is requesting extending the amount to $50,000 to aJlow Allison to work to the end of the project without requiring a third extension on the project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without a contract planner, the City will have difficulty completing essential planning and development functions in a timely manner. ALTERNATIVE ACTIONS: Select another option to meet City's needs. FOLLOW UP ACTIONS: 1. Amend the contract agreement. 2. Staff will require the applicant to make additional deposits to the account as needed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Amended Contract 2 CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Allison Knapp Wollam, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered an independent contractor agreement dated July 22, 2003 ("Original Agreement"); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the payment terms of the Original Agreement by entering this Amendment Agreement to amend the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: Amended Exhibit "B" total compensation not to exceed an additional Fifty Thousand dollars. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor By: By: - Dave Anderson, City Manager Date Allison Knapp, Date Contract Planner Attest: Cathleen Boyer, City Clerk Date Approved as to Form: Richard S. Taylor, City Attorney Date Approved as to Budget authority and insurance: Michele Braucht Date Administrative Services Director SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: 2..0 ORIGINATING DEPT: City Attorney CITY MANAGER: PREPARED BY: DEPT HEAD: Richard Taylor Dave Anderson, City Manager SUBJECT: Commission Restructuring RECOMMENDED ACTION: Adopt the attached resolution implementing pnor City Council direction regarding Commission restructuring. REPORT SUMMARY: On May 4,2005 the City Council directed staff to proceed with restructuring the City Commissions to reflect the reductions in City programs and City staff due to budget limitations. The attached resolution implements that direction. It would have the following effects: . Arts Commission and Parks & Recreation Commission: Suspend until July 1, 2006. The suspension could be continued if resources are not available after the next budget cycle. The terms of all members of these Commissions would be extended by one year and that extension would not be considered in determining compliance with the Commission term limit rules in the City Code. . Finance Commission: Meet annually and on ad hoc basis as needed; focus only on policy issues assigned by City Council and City staff. Membership reduced to five (there are currently two vacant seats; these positions will not be filled). . Public Safety Commission: Name changed to Traffic Safety Commission and mission narrowed to traffic related policy issues. Meets quarterly. Membership reduced to five (there are currently two vacant seats; these positions will not be filled). . Library Commission: Meets quarterly. Membership reduced to five following expiration of one member's term (one seat is currently vacant and will not be filled). . Planning, Heritage Preservation and Youth Commissions: No change. . The resolution also establishes a Pedestrian, Bicycle, and Equestrian Trails Advisory Committee to advise City staff on matters pertaining to City trails. The Committee's me membership will be determined by the Public Works Director. The Cornmittee will meet as determined by the Public Works director. The resolution would also set City policy that aU Commission meetings other than the Planning Commission should be two hours or less and that Commission agendas and other materials should be distributed electronically except where it is not practical or legally authorized. FISCAL IMPACTS: The resolution would reduce costs incurred in support of Commission activities. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The current Commission structure would remain in place and staff resources would be diverted from other programs to support Commission activities. ALTERNATIVE ACTION(S): Described in earlier staff reports. FOLLOW UP ACTION(S): The Public Works Director wiU appoint the members of the Trails Advisory Committee. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Resolution. 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REGARDING THE STRUCTURE AND OPERATION OF CITY COMMISSIONS WHEREAS, the City of Saratoga has a strong tradition of community participation in City administration; and WHEREAS, Commissioners and volunteers assist the City in administration of many programs and provide valuable policy recommendations to the City Council; and WHEREAS, severe budgetary limitations arising from the State legislature's reallocation of property tax and other revenue sources away from local governments have required significant reductions in City staff and programs; and WHEREAS, reductions in staff interfere with the City's ability to effectively support the work of City Cornmissions and reductions in programs reduce the need for Commission policy guidance; and WHEREAS, the City is working with other local governments and state officials to increase the City's share ofJocal property tax and other revenue sources to restore important City programs and staffing levels and expects that when this occurs there will be an increased need for Commission policy advice; and WHEREAS, in light of these circumstances it is prudent to reduce the obligations of the Commissions commensurate with the reductions in City staff and programs and to retain a Commission structure that will readily allow restoration of Cornmission activities to their prior levels as increased funding becomes available. NOW, THEREFORE, the City Council ofthe City of Saratoga hereby resolves as follows: I. The Arts Commission shall suspend all operations and not have any meetings until at July I, 2006. In light of this suspension, the term of each member of the Arts Commission shall be extended by one year and that year shall not be considered in determining the length of a term for the purposes of determining compliance with the Commissioner term limits established in the City Code. 2. The Finance Commission shall meet once each year and at such other times as the City Councilor City Manager (or his designee) deems necessary. The mission of the Finance Commission shall be to respond to specific requests for advice from the City Council and City Manager (or his designee) with respect to financial matters, the use of fiscal resources, and the development of technology for the City. The Finance Commission is currently defined as consisting of seven members; effective June I, 2005 the Finance Commission shall consist of five members. 3. The Library Commission shall meet once each quarter. The Library Commission is currently defined as consisting of seven members; effective November I, 2005 the Library Commission shall consist of five members. 4. The Parks and Recreation Commission shall suspend all operations and not have any meetings until September 1, 2006. In light of this suspension, the term of each member of the Parks and Recreation Commission shall be extended by one year and that year shall not be considered in determining the length of a term for the purposes of determining compliance with the Commissioner term limits established in the City Code. 5. The Public Safety Commission shall be renamed as the Traffic Safety Commission. The exclusive mission of the Traffic Safety Commission shall be to investigate, review and analyze issues, and make recommendations to the City Council and City staff regarding traffic safety. The Commission shall work to increase awareness of, and attention to, the traffic safety needs of the cornmunity by improving communications and involvement between the community, and the City government on services, needs and programs. The Traffic Safety Commission is currently defined as consisting of seven members; effective June I, 2005 the Traffic Safety Commission shall consist of five members. 6. There is hereby established the Saratoga Pedestrian, Bicycle, and Equestrian Trails Advisory Committee. The number of Cornmittee members and their terms shall be determined by the Public Works Director. Committee members shall be appointed by the Public Works Director. The Pedestrian, Bicycle, and Equestrian Trails Advisory Committee shall advise the Public Works Director with respect to the planning, acquisition, development, and maintenance oftrails in Saratoga. 7. All City Commissions except the Planning Commission shall plan their agendas in a manner designed to limit the expected duration of Commission meetings to two hours or less. Agendas, staff reports, and other materials shall be distributed electronically except in those cases where it is not practical to do so and where distribution of physical copies is required by law. 8. The provisions of this resolution shall supersede any prOVISIOns of any pnor resolution that are in conflict with this resolution / / / / / 2 This resolution was passed and adopted at an adjoumed meeting of the Saratoga City Council held on the 18th day of May, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk 3 SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: 3 ORIGINATING DEPT: Administrative Svcs PREPARED BY: ~ vivi G CITY MANAGER: &~ ~ ~ DEPT HEAD: - Mic ele Braucht SUBJECT: Proposed Master Fees Schedule for the fiscal year 2005-2006 RECOMMENDED ACTION Hold public hearing and adopt the Proposed Master Fees Schedule for the fiscal year 2005-2006. REPORT SUMMARY The City Council annually adopts a resolution that establishes the fees schedule for the ensuing fiscal year. The City Council reviewed the first draft of the Proposed Master Fees Schedule for the fiscal year 2005-2006 at the April 20, 2005 meeting. Per the City Council's directions, staff has incorporated the recommendations made at the last meeting. Staff has also made other changes to the Proposed Master Fees Schedule. Upon the Council approval of the proposed Master Fees Schedule, Staff will attach the Master Fees Schedule to the budget document for the fiscal year 2005-2006 and the new Master Fees Schedule will become effective on July 1,2005. The following details the revisions made to the Proposed Master Fees Schedule since Council's last reviews: Communitv Development Department . The Water & Heater Replacement Permit Fee (refer to page 13) - Staff had recommended the fee to be increased from $35 to $78. However during the last meeting, Council directed Staff to reduce the water heater permit from $78 to $45 to encourage the citizen to obtain building permits for the installation of new water and heater. . The Arborist Reviews (refer to page 8) - Initial deposits were increased and contained a proper amount to encompass a 35% City's surcharge and to cover the actual consultant's costs as suggested by the City's arborist consultant. The current deposit is a flat $1,000. The proposed deposits amount will vary from a minimum of $2,500 to a maximum of $5,500 based on the number oftrees. . Noticing Fee (refer to page 7) - The 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost were deleted. . The Hourly Billing Rate for the City Attorney (refer to page 6) was added to reserve the rate set by the contract between the City and the City Attorney. . The Fast Track Planning Fee was deleted from the Proposed Master Fees Schedule. Recreation Department The Recreation Department met with the Civic Theater group and is recommending a new fee. The Technical and Staging Fee of $1 00 /day is added to Page 20 under the Civic Theater Facility Rental group heading. Approximately two weeks before a show opens in the Civic Theater a theater group moves into the theater. Every day the theater is used, before opening night, has been considered a "Rehearsal" at the current rate of $105 per day ($150 per day in the Proposed Master Fees Schedule). As a compromise to the Civic Theater user groups, Staff recommended a lower new rate when they use the theater for technical and staging Issues. FISCAL IMPACTS Staff reviewed current fees and associated expenditures, and concluded that the proposed fee increases are necessary for the City to approach a cost recovery position for the services being provided. All of the fee increases are directly related to the increases in costs that support the related functions. Staff has maintained proper documentations to support and justify the proposed increases and new fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be able to continue to operate on a cost recovery basis. ALTERNATIVE ACTION Direct Staff to make changes to the Proposed Master Fees Schedule and return at the June I, 2005 City Council's meeting. FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS Proposed Master Fees Schedule for the fiscal year 2005-2006 MASTER FEES SCHEDULE Revised July 1, 2005 Table of Contents Administrative Services.........................................................................1 City Manager's Office................................................................ ............3 Cornmunity Development. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . .4 Public Works................................................................................... .16 Recreation...................................................................................... ..20 Code References........................... ...... ............................................ ....21 City of Saratoga Master Fees Schedule '" Administrative Services '" Returned Check Charge $25 / check Business License Fees Processing Fees (Non Refundable; Updated Annually Based on CPI Increases) New Application $30 Renewal of Application $15 Correct Address $10 Duplicate Certificate $10 Business License Listings (Updated Annually Based on CPI Increases) All Businesses $30 Mailing Labels $20 Contractor/Subcontractor $45 plus 15% permit fees Jukebox $50 / jukebox Theatrical Performance $100/ year plus $10 per Performance Delivery Services $100/ business Vending Machines Cost of $0.25 or Less Cost of $0.26 to $1.00 Cost of $0.26 to $2.00 Cost of $0.26 to $3.00 Cost of$0.26 to Over $3.00 $25 / machine $45/ machine $55 / machine $65 / machine $75/ machine Home Occupation $100 / occupation Handbill Distribution $25 / day Amusement Device $50 / device Commercial Photography MoviesNideos on City Property MoviesNideos on Other Property Still Photography on City Property Still Photography on City Property $500 / day $250 / day $50 / day $25 / day Page 1 of 23 Proposed Master Fees Schedule CC meeting 5/18/2005 City of Saratoga Master Fees Schedule ^' Administrative Services ^' Property Leasing Commercial Residential $100 plus $3 /1000 sq. ft. gross leasable space in excess of 500 sq. ft. to a maximum of 40 units. $100 plus $5 / unit over 4 to a maximum of 40 units Carnival Circus $256 / day Escort Services or Bureaus $500 plus $100 / employees All Other Businesses $100 / business plus $10 per employee to maximum of $300 Page 2 of 23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule '" City Manager's Office '" Appeal to City Council Not Required Public Hearing Required Public Hearing $100 $200 This fee applies to all appeals except where an appeals procedure and fee is otherwise set forth in the fee schedule. See Municipal Code section 2-05.030 for more information. Animal Control Services All fees related to animal control services are set and administered by the City of San Jose's Animal Control Services Dept. under contract between the City of Saratoga and the City of San Jose. Refer to http://www.sanioseanimals.com for more details. False Alarm (Per Calendar Year) First Alarm Second Alarm Third Alarm Fourth Alarm Fifth Alarm Sixth Alarm or More No charge No charge $75 $100 $200 $250 Page 3 of 23 Proposed Master Fees Schedule CC meeting 511 8/2005 City of Saratoga Master Fees Schedule N Community Development N California Government Code S66014 states "(a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits...those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged." For more details, go to http://www.leginfo.ca.gov Fair & Carnivals Permit Application Fee $100 Cards games Permit Application Fee $1,250 Private Patrols Permit Application Fee Permit Renewal Fee Employee Application Fee $200 $100 $50 Firearms Application Fee for Permit to Sell Permit Renewal Fee $300 $150 Public Dances Permit Application Fee Permit Renewal Fee $1,500 $1,500 Secondhand Dealers Permit Application Fee Permit Renewal Fee $300 $150 Taxicabs Certificate Application Fee $300 Peddlers & Solicitors Application Fee I Solicitor 2 to 5 Solicitors 6 to 10 Solicitors II to 20 Solicitors 21 or More Solicitors Photo ID Fee New Renewal $100 $50 $150 $75 $250 $125 $300 $150 $350 $175 $25 per badge $25 per badge Page 4 of 23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule N Community Development N Peddlers & Solicitors Application Fee I Solicitor 2 to 5 Solicitors 6 to 10 Solicitors 11 to 20 Solicitors 21 or More Solicitors Photo ID Fee Massage Establishments Permit Application Fee Permit for Managing Employee(s) Permit for Massage Practitioner Examination Fee Background Investigation/Fingerprint Notary Fee Appeal Hearing Fees - Denials Appeal Hearing Fees - Suspensions/Revocations Motion Picture Filming Permit Application Fee Recyclers Permit Application Fee Permit Renewal Fee Valet Parking Permit Application Fee Garbage Disposal Charge Lien Administrative Special Assessment Trucks Single Permit Annual Permit Off-Street Vehicles Permit Application fee Abandoned Vehicles Administrative Fee for Removal Page 5 of 23 New Renewal $100 $50 $150 $75 $250 $125 $300 $150 $350 $175 $25 per badge $25 per badge New Renewal $750 $375 $350 $175 $350 $175 As set by the Examiner As set by the Sheriff $10 / signature $500 $1,500 $500 $300 $150 $300 $100 $50 $25 $100 $125 $250 Proposed Master Fees Schedule CC meeting 5/18/2005 City of Saratoga Master Fees Schedule ^' Community Development ^' Community Development Staff Hourly Billing Rate for Applications Required Deposit $84.19/hr $120/hr City Attorney Hourly Billing Rate Billed at the rate set per the contract between the City and the City Attomey Special Event Permit $100 Noise Exception Permit $50 Heritage Preservation Mills Act Application Historic Compliance Review Application for Designation Permit Application Fee Appeal fee $1,500 initial deposit billed at Staff Hourly Billing Rate $240 no charge no charge no charge General Plan Maintenance 0.1 % of project valuation at the time the permit is issued Application for Election to Amend the General Plan No ellarge. Actual cost charged by consultant, plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect costs General Plan Amendment $3,500 initial deposit billed at Staff Hourly Billing Rate General Plan Amendment Requiring Election $3,500 initial deposit plus costs of election as determined by the City Clerk per Resolution 96-28 to be deposited with the request for election Notary Fee $10 I signature Sign Retrieval Fee $20 / sign Landscape Bond Acceptance Fee $500 Page 6 of 23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule N Community Development N Research Fee Noticing Fee Environmental Review Department ofFish and Game EIR Fee per AB 3158 Department ofFish and Game Negative Declaration Fee Environmental Assessment Fee Mitigated Negative Declaration Fee Environmental Impact Report Administrative Fee Page 7 of 23 Billed at Staff Hourly Billing Rate Actual cost charged by consultants Actual cost by the Department of Fish and Game plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost Actual cost by the Department of Fish and Game plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost $1,500 initial deposit, billed at Staff Hourly Billing Rate Actual cost by the consultant plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost Deposit required. Amount of deposit based on project and determined by the Community Development Director. Actual cost charge by consultant plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost Proposed Master Fees Schedule CC meeting 5/18/2005 City of Saratoga Master Fees Schedule IV Community Development IV Monitoring of Mitigation Measures As specified in project approval or agreement with developer Traffic and Economic Studies / Other Special Report and Studies Actual cost charge by consultant plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost. Arborist Review Fee $1,900 Initial deposit required as follows: 1-10 trees: $2,500; 11-20 trees: $3,500; 20-50 trees: $4,500; 50 or more trees: $5,500. Actual cost charge by consultant plus a 10% surcharge for staff analysis and a 25% surcharge for City's indirect cost. Tree Appeal Arborist Review $500 Application for Tentative Map Subdivision Approval Less Than 10 Lots 10 or More Lots Subdivision Final Map $5,000 initial deposit $5,000 initial deposit plus $150 for each lot over 10 $1,000 initial deposit Provide Property Profile VerbaUy Written $25 $100 Staff Review Codes Questions/ Project Review $100 Application for Lot Line Adjustment $WG $1,500 deposit billed at Staff Hourly Billing Rate Application for Merger of Parcel $Wi} $1,500 deposit billed at Staff Hourly Billing Rate Application for Reversion to Acreage $WG $1,500 deposit billed at Staff Hourly Billing Rate Page 8 of 23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule '" Community Development '" Application for Design Review Approval Single Family Main Structure . Addition to Including Demolition & New Construction $2,500 initial deposit billed at Staff Hourly Billing Rate . New Construction - Vacant Lot Staff Hourly Billing Rate $3,500 initial deposit billed at Multiple Family or Non Residential Main Structure . Addition to Including Demolition and New $3,500 initial deposit billed at Construction Staff Hourly Billing Rate . New Construction - Vacant Lot $5,000 initial deposit billed at Staff Hourly Billing Rate }\ccessory Structure $1,500 $2,000 initial deposit billed at Staff Hourly Billing Rate Administrative Design Review $1,500 $2,000 initial deposit billed at Staff Hourly Billing Rate Over the Counter Design Review $500 Application for Use Permit Conditionally Permitted Land Use . No New Construction $2,500 initial deposit billed at Staff Hourly Billing Rate . Addition to Including Demolition & New $3,500 initial deposit billed at Staff Hourly Billing Rate . New Construction - Vacant Lot $5,000 initial deposit billed at Staff Hourly Billing Rate Second Unit . Planning Commission Approval $2,500 initial deposit billed at Staff Hourly Billing Rate . Administrative Approval $500 initial deposit billed at Staff Hourly Billing Rate Page 9 of 23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule tv Community Development tv Temporary Use . Planning Commission Approval $500 initial deposit billed at Staff Hourly Billing Rate . Administrative Approval $200 initial deposit billed at Staff Hourly Billing Rate Accessory Structure or Use $1,500 initial deposit billed at Staff Hourly Billing Rate Application for Approval of Accessory Structure by the Community Development Director $500 initial deposit billed at Staff Hourly Billing Rate Application for Variance Accessory Structure or Use $1,500 initial deposit biJIed at Staff Hourly Billing Rate Single Family Main Structure . Addition to Including Demolition & New Construction $2,500 initial deposit billed at Staff Hourly Billing Rate . New Construction - Vacant Lot $3,500 initial deposit biJIed at Staff Hourly BiJling Rate Multiple Family or Non Residential Main Structure . Addition to Including Demolition and New $3,500 initial deposit biJIed at Construction Staff Hourly BiJling Rate . New Construction - Vacant Lot $5,000 initial deposit biJIed at Staff Hourly BiJling Rate Tentative Subdivision Map $5,000 initial deposit billed at Staff Hourly Billing Rate Application for Sign Permit Permit Issued by Staff Permit Issued by the Planning Commission Single Tenant Multiple Tenant $200 $500 $1,500 Page 10 of23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule IV Community Development IV Application for Approval of Satellite Dish Antenna $100 Application for Storage Permits $200 Application for Sound Wall Permits ~ $1,000 Application for Fencing Enclosure Permits $1,500 Application for Construction Trailer Permits $100 Application for Tree Removal $W $75 Zoning Ordinance Amendment $3,500 initial deposit billed at Staff Hourly Billing Rate Annexation Waiver Request Exempt from LAFCO Review Subject to LAFCO Review $500 $5,000 deposit billed at Staff Hourly Billing Rate $5,000 deposit billed Staff Hourly Billing Rate plus LAFCO fee Williamson Act Contract Cancellation $5,000 deposit billed at Staff Hourly Billing Rate Modification of Approved Application $1,590 $2,500 Extension of Approved Application $1,500 $2,500 Request for Continuance $250 for second and each additional request Document Storage Fee Administrative Fee Public Hearing Fee 8 y," xII" or 14" + Documents 18" x 24" + Plans $lOO $150 ~ $300 $.75/ page $2 / page Off Site Improvement Review Administrative Fee $500 Page II of23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule '" Community Development '" Appeals From Administrative Decisions to Planning Commission Per Section 15-90.010 $250 From Planning Commission to City Council Per Section 15-90.020 $250 Plan Submittal Orientation Billed at Staff Hourly Billing Rate Planning Process Orientation Class $500 per 1 hr class Occupancy Inspections $165 Building Permits (Based on Total Valuation) $1 to $2,000 ~ $78 minimum $2,001 to $25,000 W $78 for the first $2,000 plus W $17.50 each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 ~ $490 for the first $25,000 plus $&dG-$12.60 each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 ~ $805 for the first $50,000 plus ~$9.80 each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 ~ $1,242 for the first $100,000 plus $44(} $7 each additional $1,000 or fraction thereof, to and including $500,000 Page 12 of23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule N Community Development N $500,001 to $1,000,000 $1,000,001 And Up Plan Check Fee $2,588 $4,042 for the first $500,000 plus ~ $5.90 each additional $1,000 or fraction thereof, to and including $1,000,000 $4,488 $7,010 for the first $1,000,000 plus ~ $4.56 each additional $1,000 or fraction thereof 65% of the building permit fee Plumbing Permits Water & Heater Replacement ~ $45 New Single Family Dwelling $.10 / sq. ft. (min ~ $78) Commercial/Professional $.10 / sq. ft. (min ~ $78) Institutions, Multiple Residential $.10 / sq. ft. (min ~ $78) Additions of More than 1,000 sq. ft. $.10/ sq. ft. (min ~ $78) Additions of Less than 1,000 sq. ft. ~ $78 Remodels, Residential- No Added sq. ft. ~ $78 Remodels, Commercial ~ $78 Swimming Pools, Spas, Hot Tubs with Pump/Heater~ $78 Miscellaneous Structures ~ $78 Miscellaneous Permits without Associated Building ~ $78 Permit Plan Check Fee 25% of the building permit fee Heating and air conditioning permits New single family dwelling Commercial/Professional Institutions, multiple residential Additions of more than 2,500 sq. ft. Additions ofless than 2,500 sq. ft. Remodels, residential- no added sq. ft. Remodels, commercial Miscellaneous structures Misc. permits without associated building permits Plan Check Fee Page 13 of23 $.10 / sq. ft. (min ~ $78) $.10/ sq. ft. (min ~ $78) $.10 / sq. ft. (min ~ $78) $.10/ sq. ft. (min ~ $78) ~$78 $.10/ sq. ft. (min ~ $78) $.10/ sq. ft. (min ~ $78) ~$78 ~$78 25% of the building permits fee Proposed Master Fees Schedule CC meeting 5/18/2005 City of Saratoga Master Fees Schedule tv Community Development tv Electrical Permits Single Family Dwelling $.10/ sq. ft. (min $62 $78) CornmerciallProfessional $.10/ sq. ft. (min $62 $78) Institutions, Multiple Residential $.10 / sq. ft. (min $62 $78) Additions of More than 1,000 sq. ft. $.10 / sq. ft. (min $62 $78) Additions of Less than 1,000 sq. ft. W $78 Remodels, Residential $62 $78 Remodels, Commercial W $78 Swimming Pools, Spas, Hot Tubs with PumplHeaterW $78 Miscellaneous Structures W $78 Miscellaneous Permits without Associated Building W $78 Permit Plan Check Fee 25% of the building permit fee Grading Permit Less than 100 Cubic Yards Over 100 Cubic Yards Plan Check Fee $500 $300 $500 for the first 100 cubic yards plus $.wG $125 for each additional 1 00 cubic yards or fraction thereof ~ $530 Energy Calculation Review Addition to Residential Building New Residential Structure Addition to Non Residential Building New Non Residential Structure Application for Moving Permits $200 $300/unit $300 $475 $100 Other Inspection Fees Inspection Outside of Normal Business Hours Re-Inspection Fees Assessed Under Provision Of section 305(h) of the Uniform Administrative Code Inspections for Which No Fee is Specifically Indicated Stockpiling Permit $80 / hr minimum I hour $80 / hr $80 / hr minimum I hour $300 Page 14 of23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule N Community Development N Additional Fees In the event additional application processing services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Cornmunity Development Director. All Deposits are Non Interest Bearing Page 15 of23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule N Public Works N Permit Application Fee Pipes, Drains & Conduits Utility Service Connections Routine 0 & M work by Utility Agencies Major Repairs or Capital Improvement by Utility Agencies Permanent Encroachments Application Fee Encroachment Permits for Real Estate Open House Signs for Each Real Estate Office Congress Spring Park Rental Little League Diamond Pony League Diamond Soccer Field Concession Stand Picnic Area with Barbeque $;00 $500 ~ $500 $500 ~ $2,500 plus 1.5% of estimated project valuation $399, er 19% of the mast reeeat assesses ','alue Jler sEjuare faat ofilie area esvered ey the f)efHlit, YlmeRe~,'er is greatest. $500 $50.' ar.nual $50/ sign Resident $25/hr $25/hr $25/hr $25/hr $45/day Non-resident $40/hr $40/hr $40/hr $40/hr $60/day Wildwood Park Rental Picnic Area with Barbeque $45/day $60/day Stage $45/day $55/day Horseshoe Pit $5/hr $15/hr Sand V oUeybaU Court $IO/hr $15/hr Fundraisers $500/day $600/day Plus Wages & Overhead For One StaffIfMore Than 500 Persons EI Quito Park Rental Picnic Area with Barbeque (L) Picnic Area with Barbeque (S) Softball Diamond Turf Field Horseshoe Pit Sand VoUeyball Court Kevin Moran Park Rental Picnic Area with Barbeque Grass V oUeybaU Court Page 16 of23 $45/day $35/day $25/hr $25/hr $5/hr $IO/hr $35/day $IO/hr $60/day $50/day $40/hr $40/hr $15/hr $15/hr $50/day $15/hr Proposed Master Fees Schedule CC meeting 5/18/2005 City of Saratoga Master Fees Schedule tv Public Works tv Azule Park Rental Tennis Court Picnic Area with Barbeque Grass Volleyball Court Horseshoe Pit $IO/hr $35/day $IO/hr $5/hr $25/hr $50/day $15/hr $15/hr Brookglen Park Rental Half Court Basketball Court Picnic Area with Barbeque $10/hr $25/hr $35/day $50/day $35/day $50/day $IO/hr $25/hr n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Gardiner Park Rental Picnic Area with Barbeque Beauchamps Park Rental Tennis Court Bellgrove Park Rental Heritage Orchard Rental Foothill Park Rental Ravenswood Park Rental Historical Park Rental Community Garden Plot Water Usage Standard Fee Senior Fee m $135/ year resident only $35 / year resident only $25 / year resident only Park Development Fee $20,700 [Formula: 1990 Census 2.76 per household. (5 acres/JOOO resident. $1,500,000 acre)] Geotechnical Review Administrative Fee Actual cost charged by the City's Geotechnical Consultant plus a ~ $850 fee for engineering staff work plus a 25% surcharge for City's indirect costs. Page 17 of23 Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule IV Public Works IV Deposit Map Checking Fee Parcel Map, Subdivision Map, Reversion to Acreage, Amended Maps Administrative Fee Certificate of Compliance $3,500 ($2,500 for S zoned areas) for the first lot plus $500 for each additional lot up to a maxirnUffi of$IO,OOO or a greater amount as determined by the Public Works Director. Actual cost charge by the City's Surveyor plus a 25% surcharge for City's indirect costs plus ~ $1,000 for the first lot plus UOO $500 for each additional lot for engineering staff work $500 for engineering staff work plus actual cost charge by the City's Surveyor plus a 25% surcharge for City's indirect costs Improvement Plan Check Fee First $50,000 of Estimate Construction Cost Next $50,000 of Estimated Construction Cost Additional Estimated Construction Cost of $100,000 The estimate construction cost shall be determined by the Public Works Director and shall be exclusive of the cost to construct public utility facilities if another public utility agency is collecting similar fees for such facilities Inspection Fee for Subdivision & Building Site Improvement Application for Design Review & Administrative Review Lot Line Adjustment Engineering Fees Page 18 of23 $2,500 $5,000 minimum plus 4% 5% of estimate cost plus 5% 4% of estimate cost Two times the Improvement Plan Check Fee $1,000 per application for engineering staff work Actual cost charged by the City's Surveyor plus a 25% surcharge for City's indirect costs plus ~ $500 for the first lot plus m $100 for each additional lot for engineering staff work Proposed Master Fees Schedule CC meeting 5/1812005 City of Saratoga Master Fees Schedule IV Public Works IV Additional Fees In the event rnap check, plan checking or inspection services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or hislher agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Public Works Director. All Deposits are Non Interest Bearing Page 19 of23 Proposed Master Fees Schedule CC meeting 5/18/2005 City of Saratoga Master Fees Schedule N Recreation N North Campus Facility Rental Security Deposit Administrative Building Large Room Non Profit Groups Receive 50% Discount Community Center Facility Rental Non Refundable Processing Fee Security Deposit Multipurpose Room with Kitchen Senior Center Room with Kitchen Patio Room Arts & Crafts Room Dance Studio Conference Room Garden Patio Residents Receive 10% Discount Warner Hutton House Facility Rental Non Refundable Processing Fee Security Deposit House Garden, Patio & Gazebo House & Garden Residents Receive 10% Discount Civic Theater Facility Rental Surcharge Rehearsals Informal Rehearsal Performances Move In / Move Out Technical and Staging Blaney Plaza Banner Fee Non Profit Groups Advertising Saratoga Based Events Page 20 of 23 $100 $40 / hr $25 $300 ~$115/hr $9(l $100 / hr ~$55/hr $# $50 / hr $# $50 / hr ~ $25 / hr ~ $225 / day $25 $300 $+G $80 / hr $+G$80/hr ~$115/hr - $+ $2 per ticket sold ~$150/day ~ $75 / day $;00 $350 / day ~ $75 / day $100 per day ~ $300 / week resident only Proposed Master Fees Schedule CC meeting 5/1812005 de Reference ~9-55. 060 ~15-05.070 ~15-90.030 ~2-05.030 ~15-05.070 ~15-05.070 ~15-05.070 ~15-05.070 ~15-05.070 ~15-05.070 ~14-05.050 ~14-05.050 ~14-05.050 ~15-05.070 ~15-05.070 ~15-05.070 ~14-05.050 ~15-05.070 ~15-05.070 ~15-05.070 c' 1-05.0550(b); ~15-05.070 -05.030 ~4-05.130; ~4-06.020-140 ~4-10.020(c) ~14-05.050 ~OOOOOOOO ~4-06. 080 ~OOOOOOOO ~OOOOOOOO ~4-06.030 ~OOOOOOOO ~16-05.030 ~10-20.080(a) ~16-05.030 ~14-05.050(a)(3); ~15-05.070 ~4-06.050 ~15-05.070 ~4-10.010(c) ~16-10 ~4.30.030(b); ~4.30060 ~7-05.200; 97-05.210 ~15-05.070 i:1'5-05.070 JOOOOO Subject Abandoned Vehicles Annexation Appeals - Planning Appeals to City Council Application for Approval of Accessory Structure by Community Development Director Application for Approval Satellite Dish Antenna Application for Construction Trailer Permit Application for Design Review and Administrative Review Application for Election to Amend the General Plan Application for Fencing Enclosure Exception Approval Permit Application for Lot Line Adjustment Application for Merger of Parcels Application for Reversion To Acreage Application for Sign Permit Application for Sound Wall Permit Application for Storage Permit Application for Tentative Map Subdivision Approval Application for Tree Removal Application for Use Permit Application for Variance Arborist Review Building Permits Business Licenses Card Games Permit Certificate of Compliance City Attorney Hourly Billing Rate Commercial Photography Community Development Additional Fees Community Development Staff Hourly Billing Rate for Project Require Deposit Contractors/Subcontractors Document Storage Fee Electrical Permits Encroachments Permit Energy Calculation Review Fees Environmental Review Escort Services or Bureaus Extension of Approved Application Fairs. Carnivals Permit False Alarm Firearms Permit Garbage Disposal Charge General Plan Amendment General Plan Amendment Requiring Election General Plan Maintenance Page 21 of23 Proposed Master Fees Schedule CC meeting 5/18/2005 Code Reference Subject 914-05.050(a)(5); 915-05.070 Geotechnical Review 916-05.030 Grading Permit 916-05.030 Grading Plan Check Fee 94-06.060 Handbill Distribution 916-05.030 Heating and Air Conditioning Permits 913-25.010 Heritage Preservation 94-06.070 Home Occupation 914-05.050(a)(6) Improvement Plan Check Fee 914-05.050(a)(7) Inspection Fee for Subdivision and Building Site Improvements 900000000 Landscape Bond Acceptance Fee 914-50.060 (c)(5) Lot Line Adjustment Engineering Fee 910-15.020(a) Major Repairs or Capital Improvements by Utility Agencies 914-05.050(a)(B) Map Checking Fee 94-55.050(c); 94-55.0BO(f)(1); 94-55.090(e) Massage Establishments Permit 915-05.070 Modification of Approved Application 94-60.050(b) Motion Picture Filming Permit 900000000 Noise Exception Permit 900000000 Notary Fee 900000000 Noticing Fee 916-05.030 Occupancy Inspections 915-05.070 Off-Site Improvement Review 99-45.040 Off-Street Vehicles 916-05.030 Other Inspection Fees 915-05.070 Other Special Reports or Studies 911-10.020(c) Park and Facility Rental 914-05.050(a)(10) Park Development Fee 94-50.030(b; 94-50.060 Peddlers and Solicitors Permit 910-15.020(a) Pipes, Drains and Conduits Permit 900000000 Plan Submittal orientation 900000000 Planning Process orientation Class 916-05.030 Plumbing Permits 94-20.040(b); 94-20.050; 94-20.090 Private Patrols Permit 94-06.130 Property Leasing. Residential 900000000 Provide Property Profile 94-15.040(b); 94-15.090(b) Public Dances Permit 900000000 Public Works Additional Fees 94-65.060; 94-65.030(5)(b) Recyclers Permit 915-05.070 Request for Continuance 900000000 Research Fee 900000000 Return Check Fee 910-15.020(a) Routine 0 and M Work by Utility Agencies 94-35.040(b); 94-35.070 Secondhand Dealers Permit 900000000 Sign Retrieval Fee 910-10.030(c) Special Events Permit 900000000 Staff Review Codes Questionsl Project Review -" Page 22 of 23 Proposed Master Fees Schedule CC meeting 5/1812005 le Reference 94-40.030(b) 914-05.050(b) 900000000 99-40.0BO(b) 910-15.020(a) 94-BO.050(b) 94-06.120 900000000 !j15-05.070 Subject Taxicabs Permit Traffic and Economic Studies Tree Appeal Arborist Review Trucks Permit Utility Service Connections Permit Valet Parking Permit Vending Machines Williamson Act Contract Cancellation Zoning ordinance Amendment Page 23 of23 Proposed Master Fees Schedule CC meeting 5/1812005 SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: 4 &--5l~ ORIGINATING DEPT: Community Development i"ft. PREPARED BY: Christy Oosterhous', AICP Associate Planner CITY MANAGER: DEPT HEAD: SUBJECT: Appeal of a Planning Commission decision to approve a Conditional Use Permit application to instaJl three panel antennas, an emergency generator, and an uncovered equipment enclosure at the location of an existing utility lattice tower near Azule Crossings along the railroad tracks. APPELLANT: City Council At a regular City Council meeting of April 20, 2005 the City Council directed the City Clerk to initiate proceedings pursuant to section 15-90.065 for review by the City Council of the decision made by the Planning Cornmission on April 13, 2005 to approve Conditional Use Permit application 04-065. APPLICANT: Karen McPherson, representing Verizon Wireless PROJECT LOCATION: 12383 Saratoga-Sunnyvale Road RECOMMENDED ACTION: Conduct the public hearing and continue the item to the June 1,2005 City Council meeting. REPORT SUMMARY: At the request of the applicant, this item wiJl be continued to the June 1,2005 City Council meeting. This item has been publicly noticed; therefore, the public hearing shaJl be opened and any public comment heard. The Planning Commission staff report is attached for informational purposes; however, staff expects that the applicant will be working on modifications to address your concerns. ALTERNATIVE: 1. Take action on the project at this time to either grant or deny the appeal. 1 FISCAL IMPACTS: Not applicable. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the newspaper. ATTACHMENTS: I. Request for Continuance. 2. Planning Commission staff report. 2 . Attachment 1 MACKENZIE & ALBRITTON LLP ONE POST STREET. SUITE 500 SANFRANCISCQ, CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415/288-4010 May 12,2005 VIA ELECTRONIC MAIL Jonathan Livingston Community Development Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: UP 04-065: 12383 Sarato~a-Sunnyvale Road Dear Mr. Livingston: Thank you for speaking with me earlier today regarding the above captioned Conditional Use Permit application for a Wireless Facility proposed by Verizon Wireless. Pursuant to our conversation and as legal counsel to Verizon Wireless, we wish to request that the City continue the appeal hearing for the above captioned matter, currently scheduled for May 18,2005, to the Council meeting to be held on June I, 2005. It is our hope that during the interim period Verizon Wireless can work with City staff to arrive at a mutually agreeable site design and landscape arrangement. Thank you for considering this request. Very truly yours, Paul B. Albritton cc: Christy Oosterhous Richard S. Taylor Karen McPherson Peter Maushardt Attachment 2 ITEM 1 REPORT TO THE PLANNING COMMISSION Applicant No./Location: UP 04-065; 12383 Saratoga-Sunnyvale Road Type of Application: Conditional Use Permit for a Wireless Facility and Emergency Generator Applicant/Owner: Verizon Staff Planner: Christy Oosterhous, Associate Planner~ Date: April 13, 2005 APN: 386-53-019 Department Head: 8~ 7'\ 1.::ll.."F'J ['''1'''' "'OL]....,. --T-- J..~J, ! ....,...I';W I --- It :::: ...=..:.::::.,.-.\ i '..-.....-.fJJf ,-/'rTrcLIIT~O]II:\ - I'rrrr i /.7 '\ //11 I ' I ' , i' - ,.... \'-"- / I ! __,._"."__'_.,__.____L____,l..,.,..."i.'_m__:i___~~,.(<:,/~~~/, ,",--),--.-.--~_/L---~L . r. -'" '( 1=',",. ,'," _...i :ji/,/:?",-\,j /' .:/f;:l'~~" /://f '~--f... I~/ ""'~,,</ 1':"/ ./ ,I "'I" '/ I ':~>--'LL"/ / /.. , i I ",: /, ."."" "\,i I"', ;~~'Y~~ o,~ >'" ~rl-'!! " '(~)~w ~E\><( / . /. i \."-./\.,---~.~.l.'.;.L.-. ,).~ ~"'/;-(.. 1. '.' i ',.' ,', , - // '. ;'~~."/~-c'./ 1500fl,~ /i /_,,,. '". " / W;~2't- i....-,-'.- 1 ! I /" /",1 '''"' / ~ :!,~,,,,(, ,~ " ~~ ,( , ' o rooftBuflerZone """"....... .RojootSile ...i..., "7 J~,/ ,,.../ ~"lr',"+ URlrcels ,.,. Tr- fr"'j-'! I , . i o "'ft I ' '..J 12383 Saratoga-Sunnyvale Road 000001. '.' " EXECUTIVE SUMMARY CASE HISTORY Application filed: Application complete: Notice published: Mailing completed: Posting completed 03/25/04 03/08/05 03/30/05 03/22/05 04/07/05 PROJECT DESCRIPTION The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located in the "Gateway" near the railroad tracks and Azule Crossings. The equipment cabinets are to be located on the ground near the existing tower and will be screened by an 8-foot tall wood fence. Oleander landscape screening is proposed. An unpaved access easement and generator are also proposed. STAFF RECOMMENDATION Approve the Conditional Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Affidavit of mailing notices, public notice, and mailing labels. 3. RF Exposure Report. 4. Noise Study for the generator. 5. Coverage Map. 6. Photosimulations. 7. Plans, Exhibit "A." 000002 Application No. 04-065, I2383 Saratoga Sunnyvale Road STAFF ANALYSIS ZONING: R-1-12,500 GENERAL PLAN: Medium Density Residential MEASURE G: Not applicable PARCEL SIZE: 32,653 square feet AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: All antennas will be painted to match the existing PG and E lattice tower and antennas. The wood fence is to match the existing fence enclosures in color, material, and style. ENVIRONMENTAL DETERMINATION: The proposed project which includes installation of equipment cabinets, generator, and panel antennas is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of lirnited small new facilities; installation of small, new equipment and facilities in small structures. 000003 Application No. 04-065, I2383 Saratoga Sunnyvale Road PROJECT DISCUSSION The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located in the "Gateway" near the railroad tracks and Azule Crossings. The equipment cabinets are to be located on the ground near the tower and will be screened with a wood fence and landscaping. The existing PG and E lattice tower includes a "top hat" which holds panel antennas for another carrier. The height of the existing lattice tower including "top hat" is 140.5 feet. The applicant request approval to replace the existing "top hat" with a new "top hat" which would extend an additional 5.5 feet in height and hold both the existing and proposed panel antennas. The proposed height including "top hat" will be 146 feet. The dimension of each of the three panel antennas is approximately 48.3 inches in length, 13.3 inches in width, and 8.1 inches in depth. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement leading to the equipment is proposed for equipment maintenance and installation purposes. Several wireless carriers are located at this site. Surrounding land uses include residential and commercial. The applicant has provided existing and proposed photosimulations. An emergency generator is proposed. The generator will be tested once a week on Tuesday between 10:00 am and 1O:30am. All of the Verizon generators in NOrthem California are tested at this time. A noise study has been prepared by Engineered Aeroacoustics, Inc which indicates the proposed generator will operate below the minimum night time noise requirements of 45dBA specified in the Saratoga Municipal Code. Once the generator is installed staff may request that an acoustical engineer verify compliance with the findings of the acoustical report dated February 8, 2005. If the factory furnished weather enclosure does not exhibit sufficient acoustical attenuation to comply with the noise ordinance as specified in the acoustical report; or if the generator interferes with the quality of life of the residences and/or businesses in the area additional housing for the generator may be required by staff. Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. The applicant has provided a cumulative RF exposure report which evaluates both the proposed and existing wireless facilities. The cumulative report concludes that the RF energy is well below the Maximum Permissible Exposure limit established by the FCC at 1.6% of the public exposure limit. Revisions The following revisions were incorporated into the plans at staffs request: . The height of the "top hat" was reduced by 5 feet. 000004 Application No. 04-065, 12383 Saratoga Sunnyvale Road . The fenced area was reduced by 350 square feet. . The equipment enclosure will match the existing wood fence enclosure as opposed to the originally proposed building for housing the equipment. . Landscape screening with irrigation was added. . The size of the oleanders proposed for landscape screening was increased from 5 gallon each to 15 gallon each. . The original proposal to pave the access easement was eliminated. The access easement will be left in its natural state. Conditional Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff recommends the planning commission approve of the proposed project based on the following findings: . That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the visual and audible impact of the facility will be less than significant. . That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. In addition, the emergency generator will comply with the City's noise ordinance regulations. . That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size, dBA, and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the existing equipment and fence enclosures. Conclusion The project satisfies all of the fmdings required within Section 15-55.070 of the City Code. The antennas and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to antenna facilities. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve the conditional use permit application number 04-065 by adopting the attached resolution of approval. 000005 . Attachment 1 000006 Application No. 04-065, I2383 Saratoga Sunnyvale Road RESOLUTION NO. Application No. 04-065 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Verizon; 12383 Saratoga Sunnyvale Road WHEREAS, the City of Saratoga Planning Commission has received an application for Use Permit approval for the installation of 3 panel antennas on an existing lattice tower; and prefabricated fiberglass equipment cabinets including an emergency generator located on the ground near the tower; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes the installation of panel antennas and equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the applicant has met the burden of proof required to support said application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: . That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the visual and audible impact of the facility will be less than significant. . That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. In addition, the emergency generator will comply with the City's noise ordinance regulations. . That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size, dBA, and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the equipment and fence enclosures. 000007 . Application No. 04-065, I2383 Saratoga Sunnyvale Road NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 04-065 for Use Permit approval and the same is hereby granted subject to the foJlowing conditions: 1. The proposed antennas shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. If the subject site is decommissioned in the future, an antennas and related equipment shall be removed within 30 days of cessation of operation. 3. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Department for Building permits. 4. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modifY, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 5. The applicant shall provide a cal sense irrigation controller and related equipment (value approx $2500) to the public works department prior to building permit issuance. Contact public works staff Kevin Meeks at 868-1247 for specifications prior to purchasing equipment. After receiving the controller from the applicant, the City will tap off existing water supply and provide a gate value from which the applicant can work off of. A preconstruction meeting with public works staff is required contact Kevin Meeks 868-1247. 6. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. 7. All processing fees, in the form of deposit accounts on file with the community development department, shall be reconciled with a minimum $500 surplus balance prior to building permit issuance until final occupancy is granted. 8. The emergency generator will be tested once a week on Tuesday between 10:00 am and 10:30 am. Once the generator is installed staff may request that an acoustical engineer verifY compliance with the findings of the acoustical report dated February 8, 2005. If the factory furnished weather enclosure does not exhibit sufficient acoustical attenuation to comply with the noise ordinance as specified in the acoustical report or if the generator interferes with the quality of life of the 000008 Application No. 04-065, I2383 Saratoga Sunnyvale Road residences and/or businesses in the area additional housing for the generator may be required by staff. 9. The applicant shall provide proof of a landscape maintenance agreement for a period of two years from the date of the project approval. A bond shall be submitted to the City equal to 150% of the cost of the landscape plan. This bond shall be kept in place for the duration of the use permit to be used if needed to replace or maintain site landscaping. Section 2. Construction must be commenced within 24 months or approval will expIre. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 13th day of April 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 000009 Attachment 2 0000:10 AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) ) ) SS. COUNTY OF SANTA CLARA Co~ I, , 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 W day of rntfv~ 2005, that I deposited in the United States Post Office within Santa Clara County, 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 patt hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section ls-4s.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 500 feet of the property to be affected by the application; that on said day there was regular communication by United States Mail to the addresses shown above. c . 06)/~ Signed 00001.1. City of Saratoga Community Development Department 13m Fruitvale Avenue Saratoga, CA 95070 NOTICE OF HEARING The City of Saratoga's Planning Commission announces the following public hearing on Wednesday, the 13th day of April 2005, at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Project details are available at the Saratoga Community Development Department, Monday through Thursday 8:00 a.m. - 5:00 p.m. Inquiries regarding the project should be directed to the planner noted below. APPLICATION #04-065 (386-53-019) Verizon Wireless, 12383 Saratoga Sunnyvale Road;- The applicant requests use permit approval to install three panel antennas at the site of an existing lattice tower located on Pacific Gas and Electric property in the "Gateway" near the rail road tracks and Azule Crossings. The existing lattice tower includes a "top hat" which holds panel antennas for another carrier. The height of the existing lattice tower including "top hat" is 140.5 feet. The applicant request approval to replace the existing "top hat" with a new "top hat" which would extend an additional 5.5 feet in height and hold both the existing and proposed panel antennas. The proposed height including "top hat" will be 146 feet. An equipment enclosure is proposed. A 532 square foot equipment area will be enclosed by an eight-foot tall wood fence. Oleander landscape screening is proposed for the businesses and residences to the north and east. An unpaved access easement and a generator are also proposed. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order to be included in the Planning Commission's information packets, written communications should be filed on or before the Tuesday, a week before the meeting. 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. Christy Oosterhous, Associate Planner coosterhous@lsaratoga.ca.us or 408 868-1286 000012 WHITELAW PROPERTIES LLC ALAMEDA-FAROTTE, ZOE OLIVER-JAMHOUR, DOLORES J 1033 WINDSOR ST TRUSTEE TRUSTEE SAN JOSE CA 95129-2836 12341 SARATOGA-SUNNYVALE 17330 LOCUST DR RD LOS GATOS CA 95033-0000 SARATOGA CA 95070-3060 SOUTHERN PACIFIC SOUTHERN PACIFIC HEADLEY, OLIVER D & MARIE TRANSPORTATION CO TRANSPORTATION CO E SARATOGA CA 95070-0000 SARATOGA-SUNNYVALE RD 20517 CARNIEL A V SARATOGA CA 95070-0000 SARATOGA CA 95070-3734 TATAR, FREDERICK P & QUINN, LAWRENCE A ROBBIN, CHARLES B & RAFF AELA M TRUSTEE ETAL PAMELA R 20577 MANOR DR 12458 GREENMEADOW LN 12436 GREEN MEADOW LN SARATOGA CA 95070-3041 SARATOGA CA 95070-3033 SARATOGA CA 95070-3033 HWANG, JEFFREY H & TINA P YAMADA, MITSUO & HEDA H GREENE, NANCY B TRUSTEE 20576 MANOR DR TRUSTEE 20538 MANOR DR SARATOGA CA 95070-3052 20552 MANOR DR SARATOGA CA 95070-3052 SARATOGA CA 95070-3052 CRAIG, JAMES & LOUISE MANRIQUEZ, RALPH F & PACIFIC GAS AND ELECTRIC 20524 MANOR DR DIANE K CO SARATOGA CA 95070-3052 20512 MANOR DR SARATOGA-SUNNYVALE RD SARATOGA CA 95070-3052 SARATOGA CA 95070-0000 NELSON, BRON C & DESIREE WU, DANIEL S & MARIANNE S BUI, TU & KIM ANH 20509 GORDON CT TRUSTEE 20508 GORDON CT SARA TOGA CA 95070-3035 20541 GORDON CT SARATOGA CA 95070-3035 SARATOGA CA 95070-3035 WEI, JERRY & RUBY FELL, JEFFREY S & TRACY M CHAN, ANTHONY D & MABEL 20511 MANOR DR TRUSTEE L SARATOGA CA 95070-3013 20523 MANOR DR 12554 MANOR DR SARATOGA CA 95070-3013 SARATOGA CA 95070-3000 CHENG, BOR C & SU J HARTER, BRYAN K & IWASAKI, JOYCE A TRUSTEE 12577 MANOR DR CATHLEEN M 20349 CLARIDGE CT SARATOGA CA 95070-3000 20549 MANOR DR SARATOGA CA 95070-3823 SARATOGA CA 95070-3041 KIM, INK&HAEK DUTTA, PARTHA P & CLAUSSEN, FRED B & DIANA K 20360 CLARIDGE CT ANANDITA TRUSTEE 12522 SUMNER DR SARATOGA CA 95070-3823 20374 CLARIDGE CT SARATOGA CA 95070-3835 SARATOGA CA 95070-3823 CHOI, WOO S & EUNICE H BECK, LINDA W WANG, JEFF YEWEI & DORA 12510 SUMNER DR 12498 SUMNER DR DAO TRUSTEE SARATOGA CA 95070-3835 SARATOGA CA 95070-3835 12486 SUMNER DR SARATOGA CA 95070-3835 00001.3 YU, ESTHER Y TRUSTEE KENZLER, SHARON M PERKINS, CHARLES E & DIANE 12474 SUMNER DR 12462 SUMNER DR E TRUSTEE SARATOGA CA 95070-3835 SARATOGA CA 95070-3835 12450 BLUE MEADOW CT SARATOGA CA 95070-3850 KAY ANI, MONIRA S KIM, RICHARD D CORBARI, RICHARD L 12441 BLUE MEADOW CT 12453 BLUE MEADOW CT TRUSTEE ETAL SARATOGA CA 95070-3820 SARATOGA CA 95070-3820 12465 BLUE MEADOW CT SARATOGA CA 95070-3820 KIM, SEA H & KYONG H MULGAONKAR, PRASANNA G PECHAR, HENRY 12477 BLUE MEADOW CT & ANJALI P 12491 BLUE MEADOW CT SARATOGA CA 95070-3820 12489 BLUE MEADOW CT SARATOGA CA 95070-3820 SARATOGA CA 95070-3820 AKAHOSHI, GLENN K & KAREN FLEITMAN, BERNARD J & MCROBERTS, DAVIDH&PAT N TRUSTEE JUDITH A 12496 BLUE MEADOW CT 12520 BLUE MEADOW CT 12508 BLUE MEADOW CT SARATOGA CA 95070-3851 SARATOGA CA 95070-3821 SARATOGA CA 95070-3821 STOELKER, JAMES L & JOAN K UENAKA, ITSUO TRUSTEE WEHRMAN, MILTON H & 12484 BLUE MEADOW CT ETAL NANCY P TRUSTEE SARATOGA CA 95070-3851 12513 SUMNER DR 12525 SUMNER DR SARATOGA CA 95070-3836 SARATOGA CA 95070-3836 s'tHNURBUSH, JOHN V & PAT WELCH, ROY M GALEB, SLOBODAN & 12537 SUMNER DR 12340 SARATOGA-SV ALE RD 10 MARGARETE SARATOGA CA 95070-3836 SARATOGA CA 95070 20437 SEAGULL WY SARATOGA CA 95070-3156 WALKER, JEFFREY J & LYNN S MAMMINI CORPORATION MAMMINI CORPORATION 20451 SEAGULL WY 333 W SANTA CLARA ST 280 333 W SANTA CLARA ST 280 SARATOGA CA 95070-3127 SAN JOSE CA 95113-1714 SAN JOSE CA 95113-1714 PATEL, KIRIT D & DAMY ANTI K 20381 ZORKAAV SARATOGA CA 95070-3133 PENG, STEPHEN HSIN- YEH & XIAOMIN 20436 SEAGULL WY SARATOGA CA 95070-3128 GUTHRIE, WILLIAM & HUNG- CHIN 20422 SEAGULL WY SARATOGA CA 95070-3128 MENDELSON, NILDA FENYO TRUSTEE 20408 SEAGULL WY SARATOGA CA 95070-3128 SA V ALA, KAREN J 20394 SEAGULL WY SARATOGA CA 95070-3128 YANG, ERIC X & LICHUN 20380 SEAGULL WY SARATOGA CA 95070-3128 r - .EB, SLOBDAN & l'vrnRGARET E ETAL 12335 GOLETA SARATOGA CA 95070 GALEB, SLOBODAN & MARGARET E ETAL 20437 SEAGULL WY SARATOGA CA 95070-3156 GALEB, SLOBODAN & MARGARET E ETAL 20437 SEAGULL WY SARATOGA CA 95070-3156 00001.4 GALEB, SLOBDAN & MARGARET E ETAL 20330 ZORKA A V SARATOGA CA 95070 KOZERA, ALEX & MARTA TRUSTEE 20294 ZORKA A V SARATOGA CA 95070-3134 PACIFIC GAS AND ELECTRIC CO SARATOGA CA 95070-0000 KWONG, WILLIAM & WINNIE 20363 LEUTAR CT SARATOGA CA 95070-3148 RANGARAJU, ANNAMALAI & HEMAMALINI 20375 LEUTAR CT SARATOGA CA 95070-3148 AZULE CROSSING 12378 SARATOGA-SUNNYVALE RD SARATOGA CA 95070-3091 SUN, HE & SHEHUA 18026 HARVEST LN SARATOGA CA 95070-0000 SHANBHAG, SANTOSH S & SHILP A S 18068 HARVEST LN SARATOGA CA 95070-0000 CHEN, HSIN-LIANG & SHAN- HSIN 18096 HARVEST LN SARATOGA CA 95070-0000 CHAN, KAM KIN & YUET YIN 18037 HARVEST LN SARATOGA CA 95070-0000 FICOVICH, ANTONE & ZORKA ETAL 20330 ZORKA A V SARATOGA CA 95070-3134 SOUTHERN PACIFIC TRANSPORTATION CO SARATOGA CA 95070-0000 HSIEH, HEI CHENG & CHIU YUEH 12465 TED A V SARATOGA CA 95070-3158 SANY AL, MONISH! & LALIT A 20367 LEUTAR CT SARATOGA CA 95070-3148 ROSHON, ARTHUR H & CECILE F 20379 LEUTAR CT SARATOGA CA 95070-3148 LOUIE, TERESA A 18000 HARVEST LN SARATOGA CA 95070 CHEN, TSE KUN & KUAN FANG 18032 HARVEST LN SARATOGA CA 95070-0000 LI, HENRY H & LINDA L 18076 HARVEST LN SARATOGA CA 95070-0000 CHIU, JING WU & DASIA J 18083 HARVEST LN SARATOGA CA 95070-0000 SALAZAR, ALEXIS K & CA TRINA A 18029 HARVEST LN SARATOGA CA 95070-0000 FICOVICH, ANTONE I & ZORKA MTRUSTEEETAL 20330 ZORKA A V SARATOGA CA 95070-3134 PACIFIC GAS AND ELECTRIC CO SARATOGA CA 95070-0000 WANG, SEAN X & PING 20359 LEUTAR CT SARATOGA CA 95070-3148 CHEUNG, SUNMING TRUSTEE 20371 LEUTAR CT SARATOGA CA 95070-3148 FICOVICH, ANTONA & ZORKA METAL 12378 SARATOGA-SUNNYVALE RD SARATOGA CA 95070-3091 MURAKAMI, JAMIE ETAL - 18006 HARVEST LN SARATOGA CA 95070-0000 AJIMINE, ERIC & LYNNE 18050 HARVEST LN SARATOGA CA 95070 MOW, MATTHEW & DIANAH ETAL 18088 HARVEST LN SARATOGA CA 95070-0000 SHAO, MIN JEN & TESSA 18079 HARVEST LN SARATOGA CA 95070-0000 HASAN, JAVED & NEENA 18021 HARVEST LN- SARATOGA CA 95070-0000 000015 CHAN, KAR M & SHIOUER 18015 HARVEST LN ~ ^ RATOGA CA 95070-0000 TZA VARAS, PETER J ET AL 18128 HARVEST LN SARATOGA CA 95070-0000 LEONG, W AH SOON & CINDY Y 18117 HARVEST LN SARATOGA CA 95070-0000 HUEY, KEVIN S 18101 HARVEST LN SARATOGA CA 95070-0000 HO, W AIY AN 18010 HARVEST LN SARATOGA CA 95070-0000 LUI, ANDREW K & DONNA F 18018 HARVEST LN SARATOGA CA 95070-0000 000016 Attachment 3 ~ 000017 ~. ~ ~ ~ ~ 'fit Wireless. Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road. Saratoga, California MAR 3 1 2005 Statement of Hammett & Edison, Inc., Consulting Engineers CITY OF SARA TOGA '''\AIINIn: JJEVf.LOPMJ>W. Tne- rmn '01' tlammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Verizon Wireless, a personal wireless telecommunications carrier, to evaluate the base station (Site No. 117374) proposed to be located at 12382 Saratoga Sunnyvale Road in Saratoga, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ("RF") electromagnetic fields. Prevailing Exposure Standards The U.S. Congress requires that the Federal Communications Commission ("FCC") evaluate its actions for possible significant impact on the environment. In Docket 93-62, effective October 15, 1997, the FCC adopted the human exposure limits for field strength and power density recommended in Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ("NCRP"). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent Institute of Electrical and Electronics Engineers ("IEEE") Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes nearly identical exposure limits. A summary of the FCC's exposure limits is shown in Figure I. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follows: Personal Wireless Service Personal Communication ("PCS") Cellular Telephone Specialized Mobile Radio [most restrictive frequency range] AooroK. Freouencv 1,950 MHz 870 855 30-300 Occuoational Limit 5.00 mW/cm2 2.90 2.85 1.00 Public Limit 1.00 mW/cm2 0.58 0.57 0.20 Power line frequencies (60 Hz) are well below the applicable range of these standards, and there is considered to be no compounding effect from simultaneous exposure to power line and radio frequency fields. General Facility Requirements HE Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "cabinets") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The HAMMElT & EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO VW117374596.1 Page I of4 000018 Verizon Wireless. Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road. Saratoga, California transceivers are often located at ground level and are connected to the antennas by coaxial cables about I inch thick. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground. The antennas are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas. Computer Modeling Method The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, "Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 1997. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near-field" effect) and that the power level from an energy source decreases with the square of the distance from it (the "inverse square law"). The conservative nature of this method for evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by Verizon, including drawings by MSA Architecture & Planning, Inc., dated March 18, 2005, it is proposed to mount three Andrew Model directional dualband antennas on a 6-foot extension above an existing 1401/2-foot PG&E lattice tower located at 12382 Saratoga Sunnyvale Road in Saratoga. The antennas would be mounted at an effective height of about 144 feet above ground, with one Model DB731DG65VTAXM antenna oriented toward 600T and two Model DB731DG90VTAXM antennas oriented toward 1900T and 280oT. The maximum effective radiated power in any direction would be 2,400 watts, representing simultaneous operation at 1,200 watts for PCS and 1,200 watts for cellular service. Presently located lower on the same tower are antennas for use by MetroPCS and by Sprint PCS, other wireless telecommunications carriers. Measurements conducted at the site by Mr. John W. Mowat, a qualified employee of Hammett & Edison, Inc., on January 15,2004, a non-holiday weekday, found a maximum existing power density level at any publicly accessible location of 1.5% of the most restrictive public limit for the combined operation of the existing RF services at the site as installed and operating at that time. The measurement equipment used was a Wandel & Goltermann Type EMR-300 Radiation Meter (Serial No. P-0008) with a Type 8 Isotropic Electric Field Probe (Serial No. P-0036). Both meter and probe were under current calibration by the manufacturer. HE HAMMElT &: EDISON, INC. CONSULTIN"G ENGINEERS SAN FRANCISCO VWl17374596.! Page 2 of 4 00001.9 Verizon Wireless' Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road' Saratoga, California Study Results The maximum ambient RF level for a person anywhere at ground due to the proposed Verizon operation by itself is calculated to be 0.00059 mW/cm2, which is 0.10% of the applicable public limit. Therefore, the maximum cumulative level at ground for the simultaneous operation of an three carriers is expected to be 1.6% of the public exposure limit. The maximum calculated level at the second floor elevation of any nearby building' due to Verizon by itself is 0.12% of the public exposure limit. It should be noted that these results include several "worst-case" assumptions and therefore are expected to overstate actual power density levels. Cumulative levels at any of the nearby buildings are expected to be many times below the public limit. No Recommended Mitigation Measures Since they are to be mounted on a PG&E tower, the Verizon antennas are not accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. It is presumed that PG&E already takes adequate precautions to ensure that there is no unauthorized access to its tower. To prevent exposures in excess of the occupational limit by authorized PG&E workers, it is expected that they win adhere to appropriate safety protocols adopted by that company. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by Verizon Wireless at 12382 Saratoga Sunnyvale Road in Saratoga, California, will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, will not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations. HE * Located at least 90 feet away, based on aerial photographs from Terraserver. HAMMElT &; EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO VWl17374596.l Page 3 of4 000020 Verizon Wireless' Proposed Base Station (Site No. 117374 "Pierce Road") 12382 Saratoga Sunnyvale Road' Saratoga, California Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2005. This work has been carried out by him or under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. March 25, 2005 4 ett, P .E. . HE HAMMEIT &; EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO VW117374596.1 Page4of4 000021. FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements, which are nearly identical to the more recent Institute of Electrical and Electronics Engineers Standard C95.1-1999, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields,3 kHz to 300 GHz." These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequency Applicable Range (MHz) 0.3 - 1.34 1.34 - 3.0 3.0 - 30 30- 300 300 - 1,500 1,500 - 100,000 ~ .... ONS ll)..... t) ~ ~- o ,,~ ~~S ~ 1000 100 10 I 0.1 Electromagnetic Fields (f is frequency of emission in MHz) Electric Magnetic Equivalent Far-Field Field Strength Field Strength Power Density (Vim) (Nm) (mW/cm') 614 614 1.63 1.63 100 100 614 823.8/1 1.63 2.1911 100 180// 1842/f 823.8/1 4.89/f 2.19/1 900/t" 180// 61.4 27.S 0.163 0.0729 1.0 0.2 3.54..,[f 1.S9Vt ..,[f/l06 Vi/238 f/300 fl1S00 137 61.4 0.364 0.163 5.0 1.0 , " FM ~ /'- - Public Ex osure ____I 0.1 I 10 100 103 Frequency (MHz) 10' 105 Higher levels are allowed for short periods oftime, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for projecting field levels. Hammett & Edison has built those formulas into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. HE HAMMETI &; EDISON, INC. CONSULTING ENGINEERS SAN FRANCISCO FCC Guidelines Figure 1 """on?,> '.;U UN-- RFRCALC 1M Calculation Methodology Assessment by Calculation of Compliance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure I) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications cell sites. The near field zone is defined by the distance, D, from an antenna beyond which the manufacturer's published, far field antenna patterns will be fully formed; the near field may exist for increasing D until some or all of three conditions have been met: 2h2 I)D>T 2)D>5h 3)D>1.6A where h = aperture height ofthe antenna, in meters, and A = wavelength of the transmitted signal, in meters. The FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives this formula for calculating power density in the near field zone about an individual RF source: S 180 0.1 x Pnet W 2 power density = {jaw x It x 0 x h' in m /ern, where flaw = half-power beamwidth of antenna, in degrees, and Pnet = net power input to the antenna, in watts. The factor of 0.1 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates distances to FCC public and occupational limits. Far Field. OET-65 gives this formula for calculating power density in the far field of an individual RF source: d . S 2.56 x 1.64 x 100 x RFF2 x ERP power enslty = 2' in mW/ern2, 4 x ItX D where ERP = total ERP (all polarizations), in kilowatts, RFF = relative field factor at the direction to the actual point of calculation, and D = distance from the center of radiation to the point of calculation, in meters. The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HE HAMMETf & EDISON, INC. CONSULTING ENGINEERS SAN FRANOSCO Methodology Figure 2 000023 . Attachment 4 000024 . . . - - - - IS~~~W~ IJ1 FEB 1 4 Z005 ~.. 08 F!ill?r9~I~QQp ;I~ ENGINEERED u AEROACOUSTICS, ! E-mail~~~1~:~:Je~~;~ii:::~i~i CITY OF SARATOG,\ ...?i.....j} .......,............'.., ....,..'........ ..'..,......-.....'..... .........'..... ,.....,..:.'.........'. .....'...'..,... ....:':::t:~t::::':::::._".::tt~:::::-: Verizon Wireless 2785 Mitchell Drive Walnut Creek, CA 94598 Attention: Mr. James Graham, Engineer-Construction, Subject: Pierce Road Site, Engine-Generator AcoustliifU!ria ,.:.,.:.:.:.:.,. Reference: EAI File Number 01-6122 Gentlemen: "::':::':::::::::::-" .-<:,::::::,::::, ":';::':":":':::':':':'_ c.:',:,,:,:,,::,,- -'::=<::::::::::{\""- .::}}=\:::' Pursuant to your request, Engineered Ayroaco(j~~~!ihc. (EAI) has reviewed the design parameters and acoustic criteria for th~!o~!~lIatioriQ.f:~Qenerac Model SG030, 30-kW, engine generator (EnGen) at the VeF!+pnPI~t~Roadsi~I:1l is the understanding of EAI that the stated acoustical goal is to..~45-dBAat:l~bf~et disUihce from the EnGen weather housing.'??": ",::,:::,::::::":'.::,-, u.",,"-' This acoustic criteria is achjt\ial:n~:f9fthe selected EnGen model and power rating. EAI has aeroacoustically siii;lB silencertfu!il9yles, for the air intake and radiator-discharge (Raddis), to provide the ri:l9uisite attenuatI6l:l!9achieve the stated criteria based on the following assumptions;!:I:::. ............. ..........-... ............... '.....',...... 1. The factory furri!$hed w~therenclosure (by others) will exhibit sufficient EnGen acoustical attenYiilll6n to pro..i!alaaOl:lmipal 30-dBA sound pressure level at 45-feet. ,i';:;:;~:;::~::,:::.:,. ,.,:::,;;:;;::;,::::::::::::.;.;.;.:,:.;.;.:::;:;:::,::::;;;{;:;::::}:;". ..............-....... ................. 2. The defa<!~Qsitea~Mt1tal ambient is a nominal 30-dBA maximum (at the measuring location) ~q:i!l'\vill not adilt~f3ly sum with the attenuated EnGen enclosure, intake and Raddis lliincer SOl,lnd pressgt@jevels. Continued. . . 2711 Nevada Ave. North, Minneapolis, MN 55427-2806, United States of America (763) 535-0102 FAX: (763) 535-0131 Visit our website: www.eainonoise.com 000025 '1' Verizon Wireless Pierce Road Site 08 February 2005 Page 2 of 2 If there is any concern on the acoustic rating of the factory furl'l!~ed wes!her an acoustic housing can be provided to meet the stated aCQY$t!c criteri!!li!lhis may --.---.. .... be retrofitted on site (using the existing air intake and.g~iS~!!~ncers pr~wouslY furnished) at a latter date, should it become desirable. A sampl!Oli!.gfhigh perr9rmance, acoustic and aerodynamic designs for a variety of rateclp!?yyer gerii)~~9n eql,li.i!lment may be found on the EAI web site, listed below. .. . . .. .. . .. ..-,-....,-.'.-.-.-,.-. .,..."....,.,-....,-.,. ..... .,-....,-.'..,-........_, ,..,.,."..'....,..,........, .,.... ....,-.',.,-.-.......-.. ..,......-,-..-...,.. .,..... .,...,.,..'...'...,....., ..:,..'....,....',-... ..-',",'.-","," -.'.-,".',".','..'''.., .:.'..,.,.....,-. ......,...- -.............., "....... .. . ......... .... ......... ........,-... ,.... ...... ........... .... ""'."" ............. .... ....... ....._..d__. ... We hope the above text answers your immedi~t~'questionsCQ9fMfrning the proposed acoustical design features. Please feel free to9Aotact uS,Wjth any 4l.i~~tions or concerns. ResDectfully yours, ENGiNEERED AERO,b,C9USTICS, :/ i.." ~y' p /'. /1 ..' '.'...."." ! '/"! ....~'i( ~ /<./~.'...,.,....,.,...... - - ........". ............,...,.. ................. ..................... ,................ Lawrence F. Hansen - PrincipiiER!JIM~r ,:;,;",;',.;.;,;.:.;.:. Enclosures: EAI web siteIBliltd Web Site: www.eaIHbnoisei~~m ;.,.:,;::".":,:.,.;:,,:.;,,.;';::':,:' .:.:.,.:.:.:.,.,.:::.:.:.:.,.:,:"':':"':':"':':' :"",:,:"",:".>:,:,>:".:.;,;, Copy To: Greg Ca..E~ttfy Systems "..',.....,..'...'.',.,...'....,.....,. ..:...,..,..............',........'.... .'::".'. ",::,::::::,::,::,::,:::,:::::"., ..'.......', .,........'.....'...'.....' file: Letter Veriz!J6::~ham 6122.Jtki:Ii:t~\;.. ..,:t;~::::~t:" ,..:)t:::~>. ':"':"":':"'::"':':" ;:,:":,:,,,:,;,:. ":"':,~::!:;tf:t::::.., .::::;(:.\?" ....,..,..... ......,.. .......... .... '....................... ,','s.'.'.'. ........,.............. .................... ..'................ ............. .if 1972 - 2005: ffOVER 33 YEARS OF """"'." .,. {.Af!ROACOUSTlC SOLUTIONS Environmental Engineering Industrial Noise & Vibration Control ~ D"",' Aerodynamics / Thermodynamics Analysis / Diagnostics / Remed. ialLon n 6 OruO-u.2 Attachment 5 000027 Christy Oosterhous From: Karen McPherson [karen.mcpherson@ridgecommunicate.com] Sent: Thursday, March 24, 200510:56 AM To: Christy Oosterhous Subject: FW: Legend for coverage maps. Christy: Here is the legend for the Coverage maps; Red- Good Coverage Indoor & Outdoor Yellow- Good Coverage Outdoor & Fair coverage Indoor Blue- Fair Coverage Outdoor & Spotty coverage Indoor Green- Spotty Coverage Outdoor & Marginal coverage Indoor Fuchsia- Marginal coverage Outdoor, & No Coverage Indoor. Magenta- No coverage Karen McPherson Ridge Communications 925-200-6328 / Soy] roT pvo\jld~J2 ~r-- C 0 \....-LV\ C \ \ ~J , --~ ~----~ 3/2912005 Page 1 of I 000028 SARATOGA CITY COUNCIL 5- .. --_7-'""""f'"-- CITY MANAGER: 0 J ~ DEPT HEAD~ 1\ ~ Lorie Tinfow MEETING DATE: May 18,2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow. Assist. Citv Mer. SUBJECT: Reclassification of Human Resources Analyst Position to Hnman Resources Manager RECOMMENDED ACTIONS: Authorize the reclassification ofthe Human Resources Analyst position to a Human Resources Manager. REPORT SUMMARY: The deadline for applications for the Human Resource Analyst position was May 13, 2005. At the time this report was prepared, an insufficient number of applications from qualified applicants had been received. A number of action steps are possible to increase the applicant pool: extend the deadline, review and possibly increase the salary offered, advertise more broadly. Although the City received applications from candidates with private sector experience, staff is not recommending they be considered to meet the qualifications. Differences between public and private are substantial, and a memo that outlines some of those differences is attached. With Human Resources services provided by only one person in Saratoga, public sector experience and knowledge are necessary. At the time of the recent HR Analyst's departure, staffrecognized that the position requires a level of expertise and autonomy that is consistent with a higher level position-that of a Human Resources Manager-and that realistically exceeds those included in the current job description. However, with existing budget constraints, staff decided to try to recruit at the existing level. A few examples of specific needs follow: . Monitoring the changing and increasingly complex legal requirements imposed on local agencies by court decisions and legislation . Monitoring the changing Worker's Compensation procedures including designating a "Medical Network Provider" and assuring compliance with the requirements . Complying with training mandates for all staff on topics such as sexual harassrnent . Monitoring the administration of worker's compensation cJairns . Providing employee support services such as benefit information and registration . Administering three MOUs . Completing the update ofthe City's Personnel Policies and Procedures and maintaining the document . Advising and assisting supervisory staff involved in disciplinary processes This report is brought to Council now in order to move the recruitment process forward as quickly as possible. FISCAL IMPACTS: A survey ofHR Manager's salaries indicates that the current range for the analyst position of$5434 to $6955 would increase with a reclassification to $6975 - $8928. Reclassifying the position would require a budget adjustment for additional salary in 2005-06 of at least $5724-the difference between the previous employee's salary and the bottom step of the HR Manager range. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The position would remain a Human Resources Analyst and additional recruitment steps would be taken to improve the pool of applicants. ALTERNATIVE ACTIONS: Reduce the qualifications required for the position so that more applicants meet the criteria. This option would require a greater level of involvement by senior staff in managing HR needs and by the legal firm that provides assistance and consultation. City liability would also be more likely to increase under this scenano. FOLLOW UP ACTIONS: Develop a Human Resource Manager job description and begin recruitment activities ASAP. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: . Memo that outlines differences between public sector and private sector administration of Human Resources 2 City of Saratoga City Manager's Office 13 777 Fruitvale Ave. Saratoga,CA 945050 Tel: 408/868-1215 fax: 408/867-8559 Memo To: From: Date: Re: Lorie Tinfow, Assistant City Manager Greg Sam, Interim HR Analyst May 12, 2005 Differences Between Public Sector and Private Sector Human Resources Administration Differences between public sector and private sector human resources administration are substantial. A few specific examples follow to better illustrate those differences: . Employee and Labor Relations - MMB Public sector human resource professionals must have a good knowledge and understanding of the provisions and application of the Meyers Milias Brown Act (MMB). MMB is the state law that covers public employer-employee relations in California. It is specific to public employers- employees. It is intended 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 also provides 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. MMB provides the framework for public employer negotiations with employee bargaining groups. In addition, the State of California has set up an organization called Public Employment Relations Board (pERB) that has jurisdiction over resolutions of individual employee and/or employee bargaining unit disputes with government employers. . Disciplinary Action - Due Process and Skelly Rights California law gives public employees certain due process rights for proposed disciplinary action. The most well-known are called "Skelly" rights. In Skelly, employees are entitled to a pre-disciplinary hearing, statement of the nature of the proposed discipline, the effective date of the proposed discipline, the reasons for the discipline, the specific policy or rule violated and a statement advising the employee of the right to respond orally or in writing. Skelly is specific to public employers/employees in California. . Recruitment, Testing and Selection Public sector recruitment is based on merit and seeks to select the most qualified applicant for the job. Therefore, public sector recruiting involves different processes- more complex, structured and lengthy steps to promote a fair and objective testing process for all candidates and help insure that the most qualified person is selected for the job. In the private sector, much more flexibility exists. Public sector recruitments also encompass a much wider array of specialized positions generally not associated with the private sector (i.e. street maintenance workers, recreation supervisors, planners, building inspectors, library staff, public safety [although not applicable to Saratoga], etc.). Conducting successful recruitments and creating appropriate test dimensions requires general knowledge of the functions, duties and responsibilities of these specialized classes. A private sector human resource professional would likely have little to no experience in recruiting for positions unique to the public sector. . Benefits Administration - CalPERS Most public agencies in California, including Saratoga, contract with the California Public Employees Retirement System (CaIPERS) for employee retirement and health plan benefits. CaIPERS is specific to public employers-employees. To effectively administer a CalPERS retirementlhealth program requires an substantial amount of knowledge and experience in dealing with the myriad ofPERS rules, laws, procedures and the various types and levels of benefits offered. Managing a CalPERS program is vastly different than a private sector 401 (k), employee stock option or private employer health plan. PERS retirement also requires knowledge of a defined benefit plan verses a 40 I (k) defined contribution plan. . Compensation and Classification System Public sector classification and compensation systems are often structured differently and are more sophisticated (or archaic) than the private sector. Most public ernployers utilize a salary step and pay range system to compensate employees, whereas other compensation methods may be used in the private sector. It is important to be knowledgeable about most, ifnot all, ofthe classes in a public employer's classified personnel system, in order to determine and maintain the appropriate pay, title and duties of each position on an ongoing basis. It would be a challenge to quickly make the transition frorn administering a private sector class and comp system to administering a public sector system due to the differences in pay systems and the many unique classes in the public sector that are not generally found in the private sector. . Employment Law Certain ernployment laws may be applied differently or to a higher standard in the public sector than the private sector. For example, laws such as the Meyers Milias Brown Act (MMB) and Ralph Brown Act do not pertain to the private sector. Some of the most important employment laws (i.e. American Disabilities Act (ADA), Fair Labor Standards Act (FLSA), etc.) are applied differently or to a higher degree in certain areas to the public sector than the private sector. . Page 2 - SARATOGA CITY COUNCIL MEETING DATE: May 18, 2005 AGENDA ITEM: lsL vy~ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lorie Tinfow. Asst. City Mgr. DEPT HE~~ + Lorie Tinfow SUBJECT: Establish a Council Revenue Enhancement Options Ad Hoc Committee and Provide Direction RECOMMENDED ACTION(S): Establish a Council Revenue Enhancement Options Ad Hoc Cornmittee and provide direction on scope of activities. REPORT SUMMARY: With three years of budget reductions in Saratoga and projections that indicate more of the same in the future, the Mayor is interested in exploring options for new City revenue. Preliminary discussions have ranged broadly-from attracting a large scale or specialized retailer to Saratoga (i.e., Fry's Electronics), to encouraging a mixed use development (housing and retail) to considering steps toward a new tax revenue. Restructuring parking requirements in the Village is currently being explored in order to indirectly increase sales tax revenue. Other, rnore out-of-the-box ideas could also be developed. The Mayor would like to establish a Revenue Enhancement Options Ad Hoc Cornmittee comprised of herself and Councilmember Nick Streit to investigate revenue opportunities, and bring back information and a recommendation to the full Council. Once options have been identified, a resident survey would be conducted to gauge community support for the various revenue enhancement activities. Some methods of generating new revenue would require voter approval and/or have serious community implications. A statistically significant survey would be especially important so that Council would clearly understand the level of support for any particular option. In addition, if the survey results indicated no community support for any additional revenues, that information could help support future difficult budget reductions likely to be necessary. Staff estimates costs for such a survey to be between $20,000 and $30,000. A funding source does not currently exist but 2004-05 Council Contingency funds could be appropriated. With Council direction given at the May 4 meeting related to additional funding for Outside Agencies, the balance in the Contingency fund is $69,000. A possible activity timeline follows: May 18 June 1 June 6 June 27 July 1-11 July 20 July/August September Sep/Oct Ad Hoc Committee established Committee reports to Council on initial option discussions and requests permission to issue a Request for Proposals for survey services RFP issued with deadline of June 27 Proposal Deadline Committee reviews responses to RFP and develops a service provider recommendation for Council Report to Council with recommendation for contract award Survey firm works with staff and Ad Hoc Committee to determine options and finalize process Survey conducted Survey Results presented to City Council The survey results would then serve as a basis for further action taken by the Revenue Enhancement Options Ad Hoc and/or City Council. FISCAL IMPACTS: None at this time; costs for the survey and/or additional activities resulting from the survey would be determined in the future and tailored to Council's direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No investigation of additional revenues would be conducted at this time. ALTERNATIVE ACTION(S): N/a FOLLOW UP ACTION(S): Execute Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: . Copy of revenue options table created for the Vision Committee in 2004. 20f2 's Current Revenue Rate % of 8.25% 10% $1.10 per 1,000 of value $100 basic license, plus $10 per employee $12.10 per 1,000 AV Two-Third Special Purpose Special Purpose Special Purpose Special Purpose rpose rpose New or Increase Revenues Tax Deductible business exp yes yes Counci legislation) Required Approval: 3.5% prior to 1996 repeal $1 Civic Theatre x x Special Purpose Special Purpose Special Purpose Special Purpose General Purpose General Purpose General Purpose General Purpose x (a) x yes yes yes yes 1% PG&E water 1% 10% garbage cable 5% .. x x x x x x x x x Maintenance Assessments Mello-Roos: Existing Development Mello-Roos: New Development 911 Tax Redevelopment Agency Landscape Lighting District (b) Development Impact Fees Use of Property/Assets Higher Cost Recovery Franchise Fees Donations/Partnerships Fines etc. false alarm, election except in emergencies in favor of assessment Source Sales Tax (requires special Transient Occupancy Tax Property Transfer Tax (charter cities only) Business Tax General Obligation Bond Parcel Tax Ultility Users tax Admissions Tax Parking Tax Excise Tax a) If GP, 2/3 vote of Council and the election must be held at the time of a regular Counci b) public protest required. 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