HomeMy WebLinkAbout06-01-2005 City Council Agenda packet
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
JUNE 1, 2005
OPEN SESSION - 5:30 P.M.
JOINT MEETING WITH SARATOGA-MONTE SERENO COMMUNITY
FOUNDATION (SMSCF)
CLOSED SESSION - 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITV ALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 6:30 P.M.
Conference with Legal Counsel- Initiation of Litigation (Gov't Code
54956.9(c): (1 potential case)
Conference With Legal Counsel- Existing Litigation (Gov't Code Section 54956.9(c): (1
case) - Thompson Pacific Construction v. City of Saratoga (Santa Clara County Superior
Court Action No. 104 CV02l639)
REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITV ALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
May 27,2005)
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 Saratoga-Monte Sereno Community Foundation.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
None
SPECIAL PRESENT A TIONS
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 Annual Approval of the City's Investment Policy
Recommended action:
Approve the Investment Policy for the Fiscal Year 2005-2006.
2C Fiscal Year 2005-2006 Appropriation Limit
Recommended action:
Adopt resolution.
2D Supplemental Law Enforcement Services Funds (SLESF)
Recommended action:
Adopt resolution.
2
2E Seagull Way Traffic Signal Project - Notice of Completion
Recommended action:
Accept Notice of Completion.
2F Congress Springs Park Vertical Bypass Project -Notice of Completion
Recommended action:
Accept Notice of Completion.
2G Council Resolution to Authorize Submittal ofTDA Article Grant Funding
Program for the Cox Avenue Railroad Crossing Upgrade Project, and Delegate
Authority to City Manager to Execute Funding Agreements for this Grant
Recommended action:
Adopt resolution; Authorize City Manager to execute funding agreements.
PUBLIC HEARINGS
3. 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; adopt resolution.
4. Landscaping & Lighting Assessment District LLA-I- Public Hearing, Approval of
Engineer's Report, and Confirmation of Assessments for FY 05-06
Recommended action:
Open public hearing and adopt resolution ordering the improvements and
confirming the diagram and assessments for FY05-06.
OLD BUSINESS
5. Kevin Moran Park Improvement Project - Schedule
Recommended action:
I. Provide direction regarding the timeline for the Kevin Moran Park
Improvement Project public input process.
2. Reconstitute the Kevin Moran Park Council AdHoc Committee.
6. Presentation by Jack Mallory of the Citizen's Committee to Save the North
Campus
Recommended action:
Accept report and direct staff accordingly.
7. City's 50th Anniversary
Recommended action:
Accept report and direct staff accordingly.
3
NEW BUSINESS
8. Use of Remaining 2004-05 Council Contingency Funds for Staff Bonuses
Recommended action:
Accept report and direct staff accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Kathleen Kin!!
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
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 WaItonsmith
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
4
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 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on May 7, 2005 at
the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City's
website at www.sarato!!a.ca.us
Signed this 27' day of May 2005 at Saratoga, California.
Cathleen Boyer, CMC
City Clerk
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2005
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 - Joint Meeting with Mt. Winery
10/19 Regular Meeting - Quarterly Meeting with Planning Commission
11/2 Regular Meeting
11/16 Regular Meeting
12/7 Regular Meeting - Council Reorganization
12/21 Regular Meeting
1/4 Regular Meeting
5
ORIGINATING DEPT: AdmpVCS {
PREPARED BY: ;;lL/~A
SARATOGA CITY COUNCIL
AGENDA ITEM: ~ ~
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MEETING DATE: 6/01/2005
DEPT HEAD:
Kevin Cracknell
SUBJECT: Check Register for 05/17/2005
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 05/17/2005.
REPORT SUMMARY:
The attached Check Register for 05/17/2005. The checks were released on 05/19/2005. Payroll
checks were released on 05/13/2005.
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Account Payable 5/19/2005 99308 99413 105 329,837.04
Payroll 5/12/2005 30763 30790 27 107,280.75
TOTAL 437,117.79
The prior Check Register for 5/03/2005 ended with check number 99307.
Check #98527 to the San Jose Quilt Museum for a senior trip on 2/16/05 was voided due to trip
cancellation.
Total per Expenditure Approval list
Less check# 98527
Total
$330,017.04
$180.00
$329,837.04
FISCAL IMPACTS:
The following is a reduction to each of the individual fund cash balance:
Fund # Fund Descrintion AlP Total PR Total Total
I General 79,982.14 27,845.26 107,827.40
150 Streets & Roads 39,102.56 22,931.75 62,034.31
180 LLA Districts 6,516.65 1,769.40 8,286.05
250 Development Svcs 29,764.58 33,204.17 62,968.75
260 Environmental 380.38 3511.43 3,891.81
290 Recreation 10,544.87 10,505.02 21,049.89
291 Teen Services 684.75 3633.32 4,318.07
292 Facilitv Ops 1,878.11 3,880.40 5,758.51
293 Theater Tick. Surch. 9,542.81 9,542.81
320 Librarv Expansion 2,694.45 2,694.45
351 Public Safetv 7047.68 7,047.68
352 Infrastructure 132,040.4 7 132,040.47
354 Park & Trail 73.39 73.39
800 Planning Deposit 9,584.20 9,584.20
329,837.04 107,280.75 437,117.79
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
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SARA TOGA CITY COUNCIL
MEETING DATE: June I, 2005 AGENDA ITEM:
ORIGINATING DEPT: Administrative Svcs CITY MANAGER: C --.::;:? ~/
;J , {)av~3erson
PREPARED BY:' DEPT HEAD: ~:r'~ ,>-=9 ~~
Michele Braucht
2(?)
SUBJECT: Annual Approval of the City's Investment Policy
RECOMMENDED ACTION
That the City Council approve the Investment Policy for the fiscal year 2005-2006.
REPORT SUMMARY
California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section
2-20.035, and Section 16.0 of the City of Saratoga Investment Policy require the City Council to
annually review and approve the City's Investment Policy.
The Investment Policy lays the foundation for the City's investment management functions. It
serves as a guide for setting and achieving investment objectives, defines rules and established
benchmarks, prohibits and/or restricts investment instruments and reduces the exposure to
liability of both staff and City Council. Compliance with the Policy is an element of fiscal
discipline considered by the City's auditors and rating agencies during their respective reviews.
Last year, at the February 4, 2004 Council Meeting, the City Council approved the Investment
Policy in its current version, there are no changes recommend to that investment policy. The
policy is modeled on the policy approved by the Association of Public Treasurers of the United
States and Canada (APT US&C) in August 2002.
FISCAL IMPACTS
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with State and Local regulations.
AL TERNA TIVE ACTION
Direct Staff to make changes to the Investment Policy and return at the June 15,2005 meeting.
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
Investment Policy
City of Saratoga
INVESTMENT POLICY FOR THE FISCAL YEAR 2005-2006
1.0 Pnlir.y~
It is the policy of the City of Saratoga to invest public funds in a manner which will provide
the maximum security with the highest investment return, while meeting the daily cash flow
demands of the City and conforming to all state and local statutes governing the
investment of public funds.
2.0 S"np":
This investment policy applies to all financial assets of the City of Saratoga. These funds
are accounted for in the City of Saratoga's Comprehensive Annual Financial Report and
include:
2.1 Fund,,:
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Capital Project Funds
2.1.4 Debt Service Funds
2.1.5 Trust and Agency Funds
2.1.6 Any new fund, unless specifically exempted
2.2 Fx""ptinn,,: The following financial assets are excluded:
2.2.1 Deferred Compensation Plans-Investments are directed by the individual
plan participants.
2.2.2 Debt Service Funds Held by Trustees-Investments is placed in accordance
with bond indenture provisions.
2.2.3 Notes and Loans-Investments are authorized by separate agreements
approved by City Council.
3.0 Prud"n",,:
Investments shall be made with judgment and care--under circumstances then prevailing--
which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investments, considering the probable safety
of their capital as well as the probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the "prudent
person" standard and shall be applied in the context of managing an overall portfolio.
Investment officers acting in accordance with written procedures and this investment
policy and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and appropriate action is taken to control
adverse developments.
Page I ofB
Fiscal Year 2005-2006 Investment Policy
06/01/2005 CC Meeting
4.0 Ohj"r:tiv"",:
The primary objectives, in priority order, of the City of Saratoga's investment activities shall
be:
4.1 Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City of Saratoga shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio. The objectives will be to
mitigate credit risk and market risk.
a. Credit risk, defined as the risk of loss due to failure of the issuer of a security,
shall be mitigated by investing only in investment grade securities and by
diversifying the investment portfolio so that potential losses on individual
securities will have a minimal impact on the portfolio.
b. Market risk, defined as market value fluctuations due to overall changes in the
general level of interest rates, shall be mitigated by limiting the average maturity
of the City's investment portfolio to two years and the maximum maturity of any
one security to five years, and by structuring the portfolio based on cash flow
analysis so as to avoid the need to sell securities prior to maturity.
4.2 Liquidity: The City of Saratoga's investment portfolio will remain sufficiently liquid to
enable the City of Saratoga to meet all operating requirements, which might be
reasonably anticipated.
4.3 Return on Investments: The City of Saratoga's investment portfolio shall be
designed with the objective of attaining a rate of return throughout budgetary and
economic cycles, commensurate with the City of Saratoga's investment risk
constraints and the cash flow characteristics of the portfolio.
5.0 n"I"gl'tinn nf Allthnrity:
Authority to manage the City of Saratoga's investment program is derived from the
following: California Government Code Section 53600 et seq. and Saratoga Municipal
Code Section 2-20.035. Management responsibility for the investment program is hereby
delegated to the City Manager who shall be responsible for supervising all treasury
activities of the Administrative Services Director and who shall establish written procedures
for the operation of the investment program consistent with this investment policy.
Procedures should include reference to: safekeeping, delivery vs. payment, investment
accounting, wire transfer agreements, banking service contracts and collateral/depository
agreements. Such procedures shall include explicit delegations of authority to persons
responsible for investment transactions. No person may engage in investment
transactions except as provided under the terms of this policy and the procedures
established by the City Manager. The City Manager shall be responsible for all
transactions undertaken and shall establish a system of controls to regulate the activities
of subordinate officials.
Page 1 of8
Fiscal Year 2005-2006 Investment Policy
06/01/2005 CC Meeting
6.0 Fthir.:~ ~nrl Cnnflir.:t~ nf IntF~rA<~t:
Officers and employees involved in the investment process shall r€frain from personal
business activity that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial investment decisions. These officers and
employees involved in the investment process shall disclose to the City Manager any
material financial interests in financial institutions that conduct business with the City.
Employees and investment officials shall refrain from undertaking personal investment
transactions with individuals with who business is conducted on behalf of the City of
Saratoga.
7.0 Allthnri7erl Fin~nr.:i~1 nealent. ~nd InJ;,titlltinns.:
The City Manager will maintain a list of financial institutions authorized to provide
investment services to the City. In addition, a list will also be maintained of approved
security broker/dealers selected by credit worthiness and who are authorized to provide
investment services in the State of California. These may include "primary" dealers or
regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1
(uniform net capital rule). No public deposit shall be made except in a qualified public
depository as established by state laws.
All financial institutions and broker/dealers who desire to become qualified bidders for
investment transactions must supply the City Manager with the following: personal
interview, firm description and audited financial statements, proof of National Association
of Securities Dealers (NASD) certification, proof of State of California registration,
completed broker/dealer questionnaire and certification of having read the City of
Saratoga's investment policy and applicable depository contracts.
An annual review of the financial condition and registrations of qualified bidders will be
conducted by the City Manager.
A current audited financial statement is required to be on file for each financial institution
and broker/dealer with which the City of Saratoga invests prior to any transaction.
8.0 Allthnri7p-rI anrl !=:.lIitahlp- InvF!~tmF!nh;,:
The City of Saratoga is empowered by Government Code Section 53601, and further
limited by this investment policy, to invest in the following types of securities:
Page 2 of8
Fiscal Year 2005-2006 Investment Policy
06/0112005 CC Meeting
Type
LAIF
U.S. Treasury Bills
U.S. Treasury Notes
U.S. Govt. Agency Issues (e.g. FNMA,
GNMA)
Guarantee
State Fund
U.S. Treasury
U.S. Treasury
Federal Agencies
Certificates of Deposit (California Bank FDIC/FSLiC and
or Savings & Loan Co.) Collateral
Negotiable Certificates of Deposit
Issuing Institution
Investment-Grade Obligations of
California, or its Local Governments or
Public Entities Public Entity
Money Market Mutal Funds
Fund
Passbook Savings account and
Demand Deposit
Issuing Bank
Limits Term to Maturity
$40,000,000 Demand
No Limit One Year
No Limit 5 Years
No Limit 5 Years
20% portfolio
per institution;
30% total total
portfolio 3 Years
20% portfolio
per institution;
30% total total
portfolio 5 Years
20% portfolio
per institution:
30% total total
portfolio 5 Years
10% portfolio
per institution;
20% total total
portfolio Demand
Mininum
necessary for
current cash
flow Demand
The City shall not engage in leveraged investing, such as margin accounts, or any
form of borrowing for the purpose of investing.
The City shall not invest in instruments whose principal and interest could be at risk
contrary to Section 4.1 of this policy. Examples of these instruments are options
and future contracts.
The City shall not invest in "derivatives".
See Glossary for description of above securities.
9.0 Cnlh,t..."li7"tinn:
Collateralization will be required on certificates of deposit and other deposit-type securities.
In order to anticipate market changes and provide a level of security for all funds, the
collateralization level will be 110% of market value of principal and accrued interest, in
accordance with California Government Code Section 53651 and 53652.
The City of Saratoga chooses to limit collateral to those listed in Section 8.0.
Page 3 of8
Fiscal Year 2005-2006 Investment Policy
06/0112005 CC Meeting
Collateral will always be held by an independent third party with whom the entity has a
current custodial agreement. A clearly marked evidence of ownership (safekeeping
receipt) must be supplied to the City of Saratoga and retained.
The right of collateral substitution may be granted.
10.0 ~af..k.."ping and CII!;tndy~
All security transactions entered into by the City of Saratoga shall be conducted on a
delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian, in
the City of Saratoga's name and control, designated by the City Manager and evidenced
by safekeeping receipts.
11.0 niVAr!ll;ifir.:~tinn:
The City of Saratoga will diversify its investments by security type and institution. Limits
are provided for in Section 8.0. With the exception of U.S. Treasury securities and
authorized pools, no more than 30% of the City of Saratoga's total investment portfolio will
be invested in a single security type or 20% with a single financial institution.
12.0 M::Ivimllm M::ItllritiA~:
To the extent possible, the City of Saratoga will attempt to match its investments with
anticipated cash flow requirements. Unless matched to a specific cash flow, the City of
Saratoga will not directly invest in securities maturing more than five (5) years from the
date of purchase. However, the City of Saratoga may collateralize its certificates of
deposits using longer-dated investments not to exceed ten (10) years to maturity.
Debt reserve funds may be invested in securities exceeding five (5) years if the maturities
of such investments coincide as nearly as practicable with the expected use of the funds.
The City of Saratoga will retain a general operating reserve adopted annually by the City
Council. The amount of active deposits and inactive investments with maturity of one year
or less shall always be equal to or greater than the required general operating reserve.
The report discussed in Section 15.0 shall demonstrate this policy is in effect.
13.0 Int...nal Cnntrnl:
The City of Saratoga is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the City are protected from loss, theft or
misuse. The internal control structure shall be designed to provide reasonable assurance
that these objectives are met. The concept of reasonable assurance recognizes that (1)
the cost of a control should not exceed the benefits likely to be derived and (2) the
valuation of costs and benefits requires estimates and judgments by the City Manager and
staff.
Accordingly, the City shall establish an annual process of independent review by an
external auditor. This review will provide internal control by assuring compliance with
policies and procedures. The internal controls shall address the following points:
Page 4 ofB
Fiscal Year 2005.2006 Investment Policy
06/0 I /2005 CC Meeting
.
Control of collusion.
Separation of transaction authority from accounting and record keeping .
Custodial safekeeping.
Avoidance of physical delivery of securities.
Clear delegation of authority to subordinate staff members.
Written confirmation of transactions for investments and wire transfers.
Development of a wire transfer agreement with the lead bank and third-party
custodian.
.
.
.
.
.
.
14.0 PArfnrmanr.A Standards:
The investment portfolio shall be designed with the objective of obtaining a reasonable
rate of return throughout budgetary and economic cycles, commensurate with the
investment risk constraints and cash flow needs.
14.1 M"rkAt YiAld (RAnr.hm"rk)'
The City's investment strategy is passive. Given this strategy, the benchmark used by the
City of Saratoga to determine whether market yields are being achieved shall be the one
year U.S. Treasury Bill.
15.0 Rp,pnrting:
The City Manager is charged with the responsibility of including a market report on
investment activity and returns in the City of Saratoga's Cash and Investment Report. The
report will be in compliance with California Government Code Section 53646.
16,0 InvA,;tmAnt Pnlir.y Adoption:
The City of Saratoga's investment policy shall be reviewed and adopted by the City
Council annually.
Page 5 of8
Fiscal Year 2005-2006 Investment Policy
06/0 I /2005 CC Meeting
GLOSSARY
RrokAr
Someone who brings buyers and sellers together and is compensated for his/her service.
CnmprAhAMivA Annll::!1 Fin::!nci::!1 RApnrt (CAFR)
The City's annual financial statements and footnotes, along with an executive summary, financial
outlook, statistical information, and other financial information.
Certific::!les of Deposit
Commonly called time deposit certificates or time deposit open accounts. These are
nonnegotiable.
Cnll::!tAr::!liz::!linn
Process by which a borrower pledges securities; property or other deposits for the purpose of
securing the repayment of a loan and/or security. Also refers to securities pledged by a bank to
secure deposits of public monies.
Cllstnrli::!n
A bank or other financial institution that keeps custody of stock certificates and other assets.
DA::!IAr
Someone who acts as a principal in all transactions, including buying and selling from his/her own
account.
DAliver:y V" P::!ymAnt
The preferred method of delivering securities, with an exchange of money for the securities.
DAm::!nrl DApn"ils
A deposit of monies which are payable by the bank upon demand of the depositor.
np.riv~tivA
Securities that are based on, or derived from, some underlying asset, reference date, or index.
EDIC
Federal Depository Insurance Corporation
ES.LlC
Federal Savings and Loans Insurance Corporation
I iqllirlity
An asset that can easily and rapidly be converted into cash without significant loss of value.
Lnc::!1 AgAnr,y InvAslmAnl Fllnd (I AIF)
The LAIF was established by the State of California to enable treasurers to place funds in a pool
for investments. There is a limitation of $30 million per agency subject to a maximum of ten (10)
total transactions per month. The City uses this fund when market interest rates are declining as
well as for short-term investments and liquidity.
Money m::!rkel mlllll::!1 flmds
Mutual funds that invest in short term securities and strive to maintain a share price of $1.
Page 6 of 8
Fiscal Year 2005-2006 Investment Policy
06/01/2005 CC Meeting
NF\goti~hlp. cp.rtificl'ltp." of dp'po"it
A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market).
Pl'l""ivp. lovp'"tmp.nt Rtrl'ltF\gy
An approach to managing the investment portfolio, which entails a "buy and hold" strategy in
which investments are generally held until they mature.
Portfolio
Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The
purpose of a portfolio is to reduce risk through diversification.
Primary [)el'ller
A group of government securities dealers that submit daily reports of market activity and security
positions held to the Federal Reserve Bank of New York and are subject to its oversight.
Rp.gionl'll Dp.l'llp.r
A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is
registered with the Securities and Exchange Commission.
R~fekeeping
Offers storage and protection of assets provided by an institution serving as an agent
I J R Trel'l"WY Bills
Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of
the U.S. Government. They are offered in three-month, six-month and one-year maturities. T-Bills
do not accrue interest but are sold at a discount to pay face value at maturity.
II R Trea"llry Notes
These are marketable, interest-bearing securities sold as obligations of the U.S. Government with
original maturities of one to ten years. Interest is paid semi-annually.
LJ R Governmp.nt Agency Is,,"p'''
Include securities, which fall into this category. Issues, which are unconditionally, backed by the
full faith and credit of the United States, e.g. Small Business Administration Loans.
Page 7 of8
Fiscal Year 2005-2006 Investment Policy
06/01/2005 CC Meeting
SARA TOGA CITY COUNCIL
MEETING DATE:
June 1,2005
AGENDA ITEM:
?c
P-5lc:?/ ___
ORIGINATING DEPT: Administrative Svcs CITY MANAGER:
W= ~erson
.. . DEPT HEAD: . \.Y0~..)~
Vivian Michele Braucht
PREPARED BY:
SUBJECT: Fiscal Year 2005-2006 Appropriation Limit
RECOMMENDED ACTION
By roll call vote, adopt resolution selecting calculation factors and setting the Appropriations
Limit for the 2005/2006 Fiscal Year as required by Article XIIIB of the California Constitution.
REPORT SUMMARY
On November 6, 1979 California voters approved Proposition 4, commonly known as the Gann
Spending Limitation Initiative, establishing Article XIIIB of the State Constitution. This
proposition, which became effective in Fiscal Year 1980-81, mandated an appropriation
(spending) limit on the amount oftax revenues that the State and most local government
jurisdictions may appropriate within a fiscal year. This limit grows annually by a population and
cost-of-living factor.
The State Appropriation Limit was since modified by two subsequent initiatives - Proposition 98
in 1988 and proposition III in 1990. Proposition 98 established the return of tax revenues
exceeding appropriation limit levels to the State citizens through a process of refunds, rebates, or
other means. Proposition III allowed more flexibility in the appropriation calculation factors.
Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations
and other non-tax precede are excluded. Exemptions are also made for voter-approved debt, debt
that existed prior to January I, 1979, and for the cost of compliance with court or Federal
government mandates.
The State Constitution requires that prior to June 30 of each year, the Council select calculation
factors, and set the City's appropriations limit for the following fiscal year. Each year's limit is
based on the amount of tax proceeds that were authorized to be spent in fiscal year 1978-79, with
inflationary adjustments made annually to reflect increases in population and cost-of-living.
REPORT DISCUSSION
,
On an annual basis staff receives the percentage change per capita personal income and the
percentage population change within the City and the County from the California State
Department of Finance. This information is used to calculate the City of Saratoga's Proposition
4 (Gann) Appropriations Limit for the following fiscal year (2005-06).
Staff recommends that the Council continue its previous policy of setting the highest allowable
limit to provide future administrations with maximum fiscal flexibility.
The calculation is as follows:
Fiscal Year 2005-2006 A ro riation Limit Calculation
% Increase
in
Population
1.0124 x
Change in
Per Capita
Income
1.0526 =
Appropriation
Factor
1.06565224 x
FY 04/05 FY 05/06
Appropriation Appropriation
Limit Limit
24,471,983 - 26,078,624
The proposed tax revenues are as follows:
FY 2005-2006 Adooted Tax Revenues
Property Tax 3,412,900
Property Tax - Supplemental 98,900
State Take Away (260,100)
Sales Tax 788,100
Triple Flip 216,400
Transient Occupancy Tax 146,100
Franchise Tax 946,300
Business License Tax 317,600
Documentary Transfer Tax 438,200
Construction Tax 250,000
Subtotal 6,354,400
Property Tax - in lieu of VLF 1.803,100
Total Tax Revenues 8,157,500
At this time an opinion has not been issued on the treatment for the $1,803,100 of the Property
Tax revenues in lieu ofVLF, Staff recommends that it be excluded from the calculation. The tax
revenues figure of $6,354,400 is $19,724,224 below the appropriation limit of $26,078,624
equating to 24% of the limit.
FISCAL IMPACTS
The following table provides a trend analysis of Tax Revenues to the Appropriation Limit.
2003-04 2004-05 2005-06 2006-07 2007-08 2008-09
Actual Mid-Yr Est Budaet Estimate Estimate Estimate
Tax Revenues 6,027,500 6,179,000 6,354,400 6,524,448 6,699,046 6,881,947
Limits 23,694,794 24,471,983 26,078,624 27,362,373 28,709,316 30,279,758
Variance 17,667,294 18,292,983 19,724,224 20,837,925 22.010,270 23,397,811
Tax to Limit 25.44% 25.25% 24.37% 23.84% 23.33% 22.73%
Estimates for the Tax Revenues and the Limits were applied a three-year percentage growth
trend. The estimated Tax Revenues growths were 2.68% for fiscal year 2006-07 and fiscal year
2007-08 and 2.73% for fiscal year 2008-09. The estimated growths for the Limits were based on
4.92% for fiscal year 2006-07 and fiscal year 2007-08 and 5.97% for fiscal year 2008-09. There
is a strong indication that the on-going level of Tax Revenues will remain well below the future
year's appropriation margins.
Graphic Presentation:
Tax Revenues to Apropriation Limits
"I
I
35,000.000
30,000,000
25,000.000
20,000,000
15,000,000
10,000,000
5,000,000
I_Tax Revenues II
,0 Limits ..i I
2006-
2007- 2008-
07 08
09
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City will not be in compliance with Article XIIIB of the State of California Constitution.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A - Table of the prior years Gann Limit Appropriation including population change and personal
Change.
B - Price and Population Information - Department of Finance
Attachment A
CITY OF SARATOGA
Gann Limit Appropriation
Personal
Fiscal Population Income Gann
Year Change Change Limit %Change
1978 - 79 BASE YEAR $5,961,747
1979 - 80 -0.87% 10.17% $6.510.915 9.21%
1980 - 81 1.54% 12.11% $7,411,797 13.84%
1981 - 82 0.19% 9.12% $8,103,119 9.33%
1982 - 83 1.88% 6.79% $8,816,004 8.80%
1983 - 84 0.15% 2.35% $9.036,715 2.50%
1984 - 85 0.10% 4.74% $9,474,520 4.84%
1985 - 86 -0.73% 3.74% $9,757,116 2.98%
1986 - 87 0.16% 2.30% $9,997,500 2.46%
1987 - 88 0.63% 3.47% $10,409,563 4.12%
1988 - 89 1.19% 4.66% $11,024,317 5.91%
1969- 90 1.33% 5.19% $11,750,712 6.59%
1990 - 91 1.35% 4.21% $12,410,730 5.62%
1991 - 92 1.31% 4.14% $13,093,645 5.50%
1992 - 93 1.48% -0.64% $13,202,594 0.83%
1993 - 94 1.71% 2.72% $13,793,609 4.46%
1994 - 95 1.60% 0.71% $14,113,609 2.32%
1995 - 96 3.30% 4.72% $15,267,720 6.16%
1996 - 97 1.08% 4.67% $16,153,314 5.60%
1997 - 98 2.89% 4.67% $17,396,306 7.69%
1996 - 99 2.12% 4.15% $18,502,359 6.36%
1999 - 00 173% 4.53% $19,675,107 6.34%
2000 - 01 1.63% 4.91% $20,977,606 6.62%
2001 - 02 1.47% 7.82% $22,950,540 9.40%
2002 - 03 1.91% -1.27% $23,092,833 0.62%
2003 - 04 0.29% 2.31% $23,694,794 2.61%
2004 - 05 0.00% 3.28% $24,471,963 3.26%
2005 06 124% 5.26% $26,078,624 6.57%
~l"1T OJ:-
_.../' l' A
f .. ''!-
~ 1iiiii1' ~
~ II~ n
o "
'f DEPARTMENT DF
o~<"c~,,,, FIN A NeE
ARNOLD SCHWARZENEGGER, GOVERNOR
915 L STREET. SACRAMENTO CA. 95814-3706 . WWW.DCF".CA.GCl..
May, 2005
Dear Fiscal Officer:
Subject: Price and Population Information
Appropriations Limit
The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance)
to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction
must use their percentage change in population factor for January 1, 2005, in conjunction with a change in
the cost of living. or price factor, to calculate their appropriations limit for fiscal year 2005-06. Enclosure I
provides the change in California's per capita personal income and an example for utilizing the price factor
and population percentage change factor to calculate the 2005-06 appropriations limit. Enclosure II provides
city and unincorporated county population percentage changes, and Enclosure IIA provides county and
incorporated areas population percentage changes. The population percentage change data excludes
federal and state institutionalized populations and military populations, as noted.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation
Code, Section 2228, for the various population options available to special districts to assess population
change in their district. Article XIII B, Section 9, of the State Constitution exempts certain special districts
from the appropriations limit calculation mandate. Special districts required by law to calculate their
appropriations limit must present the calculation as part of their annual audit. No State agency reviews the
appropriations limit.
Population Certification
The population certification program applies only to cities and counties. Revenue and Taxation Code
Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the
current certified population with the State Controller's Office. Finance will certify the higher estimate to
the State Controller by June 3, 2005.
Please Note: City population estimates are controlled to independently calculated county population
estimates. Due to county estimates revisions for 2001 through 2004 prior year city population estimates
for local areas have also been revised.
If you have any questions regarding this data, piease contact the Demographic Research Unit
at (916) 323-4086.
Sincerely,
TOM CAMPBELL
Director
By:
STEPHEN W. KESSLER
Chief Deputy Director
Enclosure
May 1, 2005
Enclosure I
A. Price Factor: Article XIII B specifies that local jurisdictions select their
cost-of-living factor to compute their appropriation limit by a vote of their governing
body. The cost-of-Iiving factor provided here is per capita personal income. If the
percentage change in per capita personal income is selected, the percentage
change to be used in setting the 2005-2006 appropriation limit is:
Per Capita Personal Income
Fiscal Year
(FY)
Percentage change
over prior year
2005-2006
5.26
B. Following is an example using sample population change and the change in
California per capita personal income as growth factors in computing a 2005-2006
appropriation limit.
2005-2006:
Per Capita Change = 5.26 percent
Population Change = 1.50 percent
Per Capita converted to a ratio:
5.26 + 100 = 1.0526
100
Population converted to a ratio:
1.50+100 = 1.015
100
Calculation of factor for FY 2005-2006:
1.0526 x 1.015 = 1.0684
County
City
Enclosure II
Annual Percent Change in Population Minus Exclusions (*)
January 1, 2004 to January 1,2005 and Total Population, January 1, 2005
Total
Population
Percent Chanoe
Population Minus Exclusions ---
2004-2005
1-1-ll4
1-1-05
1-1-2005
SANTA CLt;,Rt..
CAMPBEU
CUPERTINO
GILROY
LOS ALTOS
LOS ALTOS H1!..LS
LOS GATOS
MILPIT AS
MONTE SEReNO
MORGAN HIU
MOUNTAIN Vl="'W
PALO ALTO
SAN JOS::
SANTA CLARA
SARATOGA
SUNNYVAL:
UNINCORPORATED
O.OB 38,386 38,415 38,415
1.02 52.912 53,452 53.452
2.~ 46,4.44 47,671 47.671
-0_17 27,601 27,614 27,61,(
0.62 8.400 8,452 8,452
026 28,901 28,976 28,976
O.CS 64,964 64,998 64.998
-0.43 3.520 3,505 3,505
2.09 35.678 36,423 36,423
0.04 72.003 72.033 72.033
1.82 60,569 61.674 61,674
1.47 930.823 944,511 944.!b'7
1.24 107.773 109.106 109,106
c::23Y 30.473 30.150 3D.E50
0..50 132,422 133,086 133,086
-0.40 98.311 97,916 98,473
1.12 1.739,240 1,758,682 1,759.585
COUNTY TOTAL
(") Exclusions include residents on federal military installations and group quarters residents in state mental institutions and state and lederal
correctional institutions.
Page 1
SARATOGA CITY COUNCIL
MEETING DATE: June 1, 2005
AGENDA ITEM:
2J)
CITY MANAGER: b/ --7 ~/
~
DEPT HEAD: ~"\...../
Michele Braucht
ORIGINATING DEPT: Admin. Services
PREPARED BY: M. Braucht
SUBJECT: Supplemental Law Enforcement Services Funds (SLESF)
RECOMMENDED ACTION:
Adopt resolution authorizing the continued use of Supplemental Law Enforcement Funds as a
source of funds for additional public safety services.
REPORT SUMMARY:
Pursuant to Assembly Bill No. 2885, Citizen's Option for Public Safety (COPS), the State of
California distributes $242,600,000 a year in funding to criminal justice agencies throughout
California. The City of Saratoga is eligible to receive $100,000.
Funds from this program cannot supplant existing funding and are to be used for personnel
and/or equipment. On an annual basis the spending plan of the City must be submitted to the
local Supplemental Law Enforcement Oversight Committee for review and certification.
FISCAL IMP ACTS:
For fiscal year 2005-06 the City of Saratoga has allocated the $100,000 towards supplemental
patrol officers and a new neighborhood resource officer provided by Santa Clara County
Sheriff s Office. The proposed contract with the Santa Clara County Sheriff s Office for fiscal
year 2005-06 includes 3,888.90 supplemental hours at a cost to the City of $485,879.17 and a
flat fee of $1 00,000 for a neighborhood resource officer. The $100,000 in Supplemental Law
Enforcement Funding pays for 17.07% of that portion of the contract price.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would become ineligible for the $100,000 in Supplemental Law Enforcement Funding.
ALTERNATIVE ACTION:
N/A
Page I of4
FOLLOW UP ACTION:
Direct the City Clerk to send a copy of the report; a certified copy of the resolution; and the
Supplemental Law Enforcement Form, to the County of Santa Clara, Office of the District
Attorney.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Supplemental Law Enforcement Form
CC:
Captain Hirokawa (electronically - Jolm.Hirokawa@sho.co.santa-c1ara.ca.us)
Page 2 of 4
ATTACHMENT-A
RESIOLUTION NO.
A RESOULTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REPORTING THE USE OF
SUPPLEMENT AL LAW ENFORCEMENT FUNDS KNOWN
AS "COPS" FOR FISCAL YEAR 2005-06
WHEREAS, the State of California has made additional funding available to supplement
City funds for front line municipal public safety services;
WHEREAS, the City of Saratoga has determined the best use of the COPS funds is to
improve public safety with supplemental patrol officer hours and neighborhood resource officer;
WHEREAS, the City of Saratoga is required to report planned use of such funds to the
County of Santa Clara, Office ofthe District Attorney annually;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves to approve the use of the $100,000 available from the Supplemental Law
Enforcement Services Fund for supplemental patrol officer hours and neighborhood resource
officer;
AND BE IT FURTHER RESOLVED, that the City Council wishes to notify the District
Attorney's Office oftheir approved spending plan by copy of this resolution.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 1st day of June 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
, Mayor
ATTEST:
Cathleen Boyer, City Clerk
Page 3 of4
A TT ACHMENT - B
Supplemental Law Enforcement Standardized Forms
Oversight Committee Summary
For the Fiscal Year End June 30, 2006
City of Sarat02a
Beginning Fund Balance
REVENUE
State Funding
Interest Revenue
Other Revenue
Total Revenue
$
$
$
$
$
100,000
100,000
EXPENDITURES
Salaries & Benefits
Services & Supplies
Equipment
Administrative Overhead
Total Expenditure
$
100,000
$
100,000
Revenue over/(under) Expenditures
Ending Fund Balance
$
$0
STATISTICAL DATA
Positions:
Sworn Officers
Correctional Officers
Prosecutors
Investigators
Support Staff
Total Positions
# Of Hours Paid
800.38
800.38
Supplemental Patrol Hours - Days
Supplemental Patrol Hours - Night
Neighborhood Resource Officer
Footnote from Sheriffs Proposed Contract for FY 2005-06 submitted 4/20/2005
# of Hours Rate Total Cost
3,888.90 $124.94 $ 485.879.17
$127.01 $
$ 100,000.00
$ 585,879.17
Flat Rate
3,888.90
Percent paid by SLESF Funds
17.07%
Page 4 of 4
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
l~
O.-/~/
MEETING DATE: June 1, 2005
AGENDA ITEM:
PREPARED BY: John Cherbone
DEPT HEAD: John Cherbone
~~.~
SUBJECT: Seagull Way Traffic Signal Project-Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the Seagull Way Traffic Signal Project as complete and authorize
staff to record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the Seagull Way Traffic Signal Project has been completed by the City's contractor,
Republic Electric Inc., and has been inspected by Public Work's staff. This work involved
installing a traffic signal at the intersection of Saratoga-Sunnyvale Road and Seagull Way. The
original contract amount was $126,725, with additional work specified later in the project due to
the desire to increase the scope of work. The final construction contract amount for the project
was $250,278.00.
Project Summary:
Original Contract Award Amount (3/6/02)
Original Change Order Authority:
Increase Scope of Work (3/3/04):
Second Increase of Change Order Authority (11/3/04):
$126,725.00
$16,000.00
$124,980.00
$30,000.00
FISCAL IMPACTS:
This project has been paid for through the Seagull Way Traffic Signal Upgrade CIP, and the
Saratoga Gateway Project CIP.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contracts and release the contract
sureties and retentions thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
I. Notice of Completion for the Seagull Way Traffic Signal Project.
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GNEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the ISth
day of May, 2005.
Contract Number: N/ A
Contract Date: March 6th, 2002
Contractor's Name: Republic Electric, Inc.
Contractor's Address: 371 Bel Marin Keys #200, Novato, CA 94949-5699
Description of Work: Traffic Signal Installation
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of peIjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on ,2005.
CITY OF SARATOGA
,.....~--_.._.._"_.._.,."._'.< . .-...---......" -----.-.---..----.----
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
?.i=-
&'..::J ~/
MEETING DATE: June 1, 2005
AGENDA ITEM:
PREPARED BY: John Cherbone
DEPT HEAD: John Cherbone
&C-~
SUBJECT: Congress Springs Park Vertical Bypass Drainage Project-Notice of Completion
RECOMMENDED ACTlON(S):
Move to accept the Congress Springs Park Vertical Bypass Drainage Proj ect as
complete and authorize staff to record the Notice of Completion for the construction
contract.
REPORT SUMMARY:
All work for the Congress Springs Park Vertical Bypass Drainage Project has been completed by
the City's contractor, Colony Landscape & Maintenance Inc., and has been inspected by Public
Work's staff. This work involved installing sand channel-type drainage at Congress Springs
Park. The original contract amount was $67,000, with additional work specified later in the
project as a result of user group donations. The final construction contract amount for the project
was $145,000.
Project Summary:
Original Contract Award Amount:
Change Order Authority (Council Approved 1/19/05):
Final Contract Amount:
$67,000.00
$78,500.00
$145,000.00
In order to close out the construction contract and begin the one-year maintenance/warranty
period, it is recommended that the Council accept the project as complete. Further, it is
recommended that the Council authorize staff to record the attached Notice of Completion for the
construction contract so that the requisite 30-day Stop Notice for the filing of claims by
subcontractors or material providers may commence.
FISCAL IMPACTS:
This project has been paid for through the Saratoga CIP, and donations from A YSO and Saratoga
Little League.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S):
The project would not be accepted as complete and staff would notify the contractor of any
additional work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTlON(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contracts and release the contract
sureties and retentions thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Notice of Completion for the Congress Springs Park Vertical Bypass Drainage Project.
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GNEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 18th
day of May, 2005.
Contract Number: N/ A
Contract Date: June 16th, 2004
Contractor's Name: Colony Landscape & Maintenance, Inc.
Contractor's Address: 4911 Spreckles Avenue, P.O. Box 940, Alviso CA 95002-0940
Description of Work: Park Drainage Work
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of peIjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on ,2005.
CITY OF SARATOGA
BY:
ATTEST:
Cathleen Boyer, City Clerk
Gov. Code 40814
Dave Anderson
City Manager
SARATOGA CITY COUNCIL
MEETING DATE: June 1. 2005
AGENDA ITEM:
7~
w~J~
ORIGINATING DEPT: Public Works
CITY MANAGER:
PREPARED BY: John Cherbone
DEPT HEAD: John Cherbone
~ ~~----z
SUBJECT: Council Resolution to authorize submittal ofTDA Article 3 grant funding program for
the Cox Avenue Railroad Crossing Upgrade Project, and delegate authority to City
Manager to execute funding agreements for this grant.
RECOMMENDED ACTION(S):
I. Approve resolution authorizing the submittal of a grant application through the TDA
Article 3 funding program for the Cox Avenue Railroad Crossing Upgrade Project.
2. Authorize City Manager to execute funding agreements for the grant with the State of
California.
REPORT SUMMARY:
Background
When the City received the Agreement form Union Pacific Railroad for the Cox Avenue Railroad
Crossing Upgrade project, it was discovered that UPRR was requiring the City to pay
approximately $117,000 for the purchase of right-of-way at the Cox Avenue intersection. This
amount was unexpected, and had not been accounted for in the original VT A grant application for
the rest of the project. Because of the shortfall, it was feared that the project could not proceed and
that Saratoga would lose its grant funding.
In April, Saratoga staff met with VT A staff to explore any funding alternatives that may be
available to the City to make up the shortfall. It was discovered that there is additional TDA Article
3 money available this year for project budget shortfalls.
Discussion
To apply for the grant funding, -a resolution authorizing the submittal ofthe application must be
provided with the application packet. Additionally, the resolution authorizes the City Manager to
execute funding agreements, amendments, and payment requests related to the grant, should one be
obtained.
FISCAL IMPACTS:
The grant request is in the amount of$95,000 and the City will be required to provide 20% in
matching funds. Staffwill submit a request to increase the project budget during the annual update
of the Five Year C.I.P. scheduled later this year.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted, and the application for the grant would not be submitted at
this time.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staffwill forward the grant application to the Santa Clara Valley Transportation Authority (VTA).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Resolution.
20f6
Resolution No.
Re: Request to the Metronolitan Transnortation Commission for the allocation of fiscal vear
2004-05 Transportation Development Act. Article 3. PedestrianlBicvcle proiect funding
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities
Code (PUC) Section 99200 et sea., authorizes the submission of claims to a regional
transportation planning agency for the funding ofprojects exclusively for the benefit and/or use
of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional
transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution
No. 875, Revised, entitled "Transportation Development Act, Article 3, PedestrianlBicycle
Projects," which delineates procedures and criteria for submission of requests for the allocation
of"TDA Article 3" funding; and
WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation
ofTDA Article 3 funding be submitted as part of a single, countywide coordinated claim from
each county in the San Francisco Bay region; and
WHEREAS, the CITY OF SARATOGA desires to submit a request to MTC for the
allocation ofTDA Article 3 funds to support the projects described in Attachment B to this
resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now,
therefore, be it.
RESOLVED, that the CITY OF SARATOGA declares it is eligible to request an
allocation ofTDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and
furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect
the project or projects described in Attachment B to this resolution, or that might impair the
ability ofthe CITY OF SARATOGA to carry out the project; and furthermore, be it
RESOLVED, that the CITY OF SARATOGA attests to the accuracy of and approves
the statements in Attachment A to this resolution; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any
accompanying supporting materials shall be forwarded to the congestion management agency,
countywide transportation planning agency, or county association of governments, as the case
maybe, of Santa Clara County for submission to MTC as part of the countywide coordinated
TDA Article 3 claim.
The above and foregoing resolution was passed and adopted by the City Council of the City of
Saratoga at a regular meeting held on the 1st day of June, 2005, by the following vote:
30f6
AYES:
NOES:
ABSENT:
ATTEST:
Cathleen Boyer, City Clerk
40f6
Kathleen M. King, Mayor
SARATOGA CITY COUNCIL
o
MEETING DATE:
June 1, 2005
ORIGINATING DEPT: Community Development
PREPARED BY:
Associate Planner
SUBJECT: Appeal of a Planning Commission decision to approve a Conditional 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 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 Commission 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 adopt the resolution of approval, which requires modifications to
the approved Conditional Use Permit application, including a landscape maintenance agreement
and a building with a pitched roof.
REPORT SUMMARY:
At a public hearing held on April 13, 2005 the Planning Commission approved a conditional use
permit application number 04-065 to install three panel antennas an emergency generator, and an
uncovered equipment enclosure. Irrigation and landscaping are proposed. Relevant background
documents, including the staff report and minutes are included in the packet materials. Please refer
to the Project Discussion of the Planning Commission staff report for more information.
To address concerns regarding safety, the applicant has revised the proposal from an uncovered fence
enclosure to a small building with a pitched roof as indicated in the attached photo-simulation. Tbe
I
fence shown around the proposed building in the photo-simulation will be removed from the
proposal.
.~
Past experience has proven that landscape contractors are not accountable for maintaining the
grounds of the wireless sites to the standards ofthe City of Saratoga. To address the City's concerns,
a landscape maintenance agreement has been drafted for adoption by the City Council (attachment
2). This agreement requires payment to the City so that the City will be directly responsible for site
maintenance to ensure the site is maintained properly.
The applicant was not able to have the project plans revised prior to the Council meeting to reflect
the building proposal; however, the plans do accurately reflect the antennas and lease area location.
The final roof type, colors, and building height and materials shall be subject to approval of the
Community Development Director.
The emergency generator has been removed from the project description. The applicant is no longer
proposing an emergency generator.
The letter dated May 25, 2005 and photo-simulation provided by Mackenzie and Albritton LLP
(attachment 5) erroneously suggests:
. the building proposed is a flat roof, and
. that a generator is still proposed.
In addition, the letter objects to a condition regarding noise from the generator that Planning
Commission already removed from their Resolution on April 13, 2005. Further discussions in the
letter regarding the generator are irrelevant given that Verizon has removed the generator from the
proposal. The letter suggests a one-time payment to cover 20 years of maintenance is acceptable to
Verizon; however, staff recommends no less than a $20,000 payment which would equate to
approximately $83.00 a month over 20 years. Verizon will not accept that amount and finds $8,000
to be a more acceptable amount.
Lastly, in order for the Conditional Use Permitto be approved the following findings shall be made:
. 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.
. That the proposed location ofthe 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.
. That the proposed conditional use will comply with each ofthe applicable provisions ofthis
chapter.
ALTERNATIVES:
I. Deny the appeal and approve the Use Permit Application as conditioned by the Planning
Commission.
2
2. Continue the public hearing to allow the applicant an opportunity to restudy project-related issues
raised by the City Council.
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. Resolution of Approval granting the appeal requiring modifications.
2. Exhibit B, Landscape Maintenance Agreement
3. Planning Commission staff report.
4. Minutes from the April 13, 2005 Planning Commission meeting.
5. Letter from Mackenzie and Albritton LLP dated May 25,2005
6. Photo-simulations of building and antennas.
7. Plans, Exhibit A
3
Attachment 1
APPROVAL OF RESOLUTION NO.
Application No. 04-065
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA GRANTING THE APPEAL WHICH REQUIRES
MODIFICATIONS TO THE APPROVED
CONDITIONAL USE PERMIT APPLICATION
Verizon; 12383 Saratoga Sunnyvale Road
WHEREAS, on April 13, 2005 the City of Saratoga Planning Commission
approved a use permit 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, on April 20, 2005 at a regular meeting of the City Council of the
City of Saratoga two members of 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 Commission; and
WHEREAS, at the applicant's request this item was continued from the May 18,
2005 City Council meeting to June I, 2005 at which the City Council held a public
hearing to consider the application at which time all interested parties were given a full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the
application and all testimony and other evidence submitted in connection therewith; and
WHEREAS, the City Council upheld the determination and findings of the
Planning Commission approval of the Use Permit application with additional special
project conditions; 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.
Application No. 04-065, 12383 Saratoga Sunnyvale Road
. 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.
. That the proposed conditional use will comply with each of the applicable
provisions of this chapter in that the location, height, size, and use proposed is
conditionally pennitted in this zoning district. The site already accommodates
several other antenna facilities.
NOW, THEREFORE, the City Council 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 following
conditions:
I. The proposed antennas and landscaping shall be located and constructed as shown
on Exhibit "A", incorporated by reference. The equipment shall be housed in a
building with a pitched roof as shown in the photo-simulatiolL The equipment
shelter shall NOT be fenced as indicated in the photo-simulation.
2. If the subject site is decommissioned in the future, all 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 pennit
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.
Application No. 04-065, 12383 Saratoga Sunnyvale Road
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 Landscape maintenance agreement, Exhibit B shall be signed and recorded.
9. The applicant shall submit revised plans including building dimensions and
height, roof type, colors, and building materials which shall all be subject to
approval of the Community Development Director.
10. The final landscape plan shall be subject to approval of the Community
Development Director.
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 Council of Saratoga, State of California,
this I st day of June 2005 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen King, Mayor
Application No. 04-065, 12383 Saratoga Sunnyvale Road
ATTEST:
Cathleen Boyer, CMC
City Clerk
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
_ Attachment 2
Recording requested by
City of Saratoga City Clerk
After recordation return to:
City of Saratoga City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
EXHIBIT B
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into effective this day of
, 2005, by and between the CITY OF SARATOGA, a municipal corporation,
hereinafter called CITY, GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP,
DBA VERIZON WIRELESS, hereinafter called PERMITTEE and
hereinafter called OWNER.
WHEREAS, OWNER owns and PERMITTEE has a leasehold interest in a portion of
certain real property located in the City of Saratoga, County of Santa Clara, State of California,
more particularly described in Exhibit "A" attached hereto ("Subject Property"). PERMITTEE
intends to install a communications facility and PERMITTEE will be installing certain
landscaping and landscaping improvements on the Subject Property, generally described in
Resolution No. , as approved by the CITY Council, which landscaping is more
particularly delineated on that certain Landscape Plan , [INSERT
CORRECT DATE OF LANDSCAPING PLANS] and marked Exhibit "B" (collectively "the
LSP") and incorporated herein in full by this reference.
NOW, THEREFORE, the parties hereby agree as follows:
1. Landscapin!! and Landscapinl! Improvements
PERMITTEE agrees to plant, construct, and otherwise install the landscaping and landscaping
improvements substantially in accord with the LSP attached hereto as Exhibit "B" and to the
satisfaction of the CITY's Community Development Director ("CD Director"). PERMITTEE
agrees that said landscaping and landscaping improvements are part of PERMITTEE'S
improvements at the Subject Property and shall be installed consistent with the entirety of
Resolution No. attached hereto as Exhibit "C." PERMITTEE agrees that the CD
Director shall have the right to reject any or all of the work to be performed under this
Agreement if such work does not, in the CD Director's sole judgment, conform to the LSP,
CITY standards, or any applicable law, rule, regulation, permit, or condition of approval.
2. Perpetual Maintenance of Landscapinl! and Landscapinl! Improvements
I
At all times after completion of the installation of the landscaping and landscaping
improvements in accordance with the LSP, PERMITTEE shall make a monthly advance cash
payment of $100 for maintenance of said landscaping and landscaping improvements to be
pcrformed by the City. OWNER hercby consents to CITY accessing the Subject Property and
agrees that the CITY shall have the right to enter PERMITTEE'S premises area and to cause
such maintenance work to he perfonned, in whole or in part, by its own agents and employees or
by outside contractors retained by CITY for such purpose.
In addition, PERMITTEE shaH provide security by bond, cash deposit and/or otherwise in the
amount $_______.__/lNSERT AMOUNT EQUAL TO 150% OF INSTALLATION COSTS] to
cover replanting by the City in the event such landscaping is damaged or destroyed on one or more
occasions in the future, including without limitation of the foregoing, the prompt and timely
replanting and replacing of any lawns, trees, plants or shrubbery that may become diseased,
destroyed, or die. IF SAID BOND OR CASH DEPOSIT IS USED FOR SUCH PURPOSE,
PERMITTEE SHALL ON THE OCCASION OF EACH SUCH USE HA VE SUCH BOND
REISSUED OR SUCH CASH DEPOSIT REDEPOSITED SO THAT IT IS FULLY
REPLENISHED AND A VAILABLE FOR THE FUTURE IN PERPETUITY FOR
REPLANTING PURPOSES.
3. Failure to Perform Under A!!reement
When, in the sole judgment of the CD Director, said landscaping, landscaped area or landscaping
improvements, or any part thereof, have not been installed in compliance with applicable
requirements or have been damaged or destroyed so as to require replanting, the CD Director
may give written notice of the deficiencies to PERMITTEE and demand for correction thereof.
In the event PERMITTEE fails to perform and complete the corrective work within ninety (90)
days following receipt of the written demand from the CD Director (or if the corrective work is
of such nature that it cannot reasonably be completed within ninety (90) days, then in the event
PERMITTEE fails to promptly commence such work and prosecute the same diligently to
completion), then the owner of the Subject Property hereby consents to CITY accessing the
Subject Property and agrees that the CITY shall have the right, but not the obligation, to enter
PERMITTEE'S premises area and to cause such corrective work to be performed, in whole or in
part, by its own agents and employees or by outside contractors retained by CITY for such
purpose. Any and all costs or expenses incurred by CITY in connection with the performance of
the corrective work shall be charged to PERMITTEE and shall be due and payable by
PERMITTEE to CITY within thirty (30) days after PERMITTEE'S receipt of CITY's written
demand. Until such charges are paid in full by PERMITTEE, the amount thereof shall constitute
a lien and encumbrance upon the Subject Property. Said lien may be enforced in a civil action
brought in the name of CITY in any Court of competent jurisdiction, or in the alternative (in the
CITY's sole discretion), shall constitute a special assessment for nuisance abatement against the
Subject Property and shall be collected at the same time and in the same manner as real property
taxes are collected by CITY, all the provisions relating to tax delinquency being made applicable
thereto. Under the special assessment procedure, THE PROPERTY MAY BE SOLD AFTER THREE
YEARS BY THE TAX COLLECTOR FOR UNPAID DELINQUENT ASSESSMENTS.
4. Preservation of Property
2
PERMITTEE shall exercise due care to avoid injury to existing property, roadway improvements
or facilities (whether public or private), utility facilities, adjacent property, and roadside trees and
shrubbery that are not to be removed. The property, facilities, or objects shall be replaced or
restored to a condition as good as when PERMITTEE entered upon the landscaping work, or as
good as required by this Agreement, if any such property, facilities, or objects are a part of the
LSP under this Agreement. The CD Director may make or cause to be made such temporary
repairs as are necessary to restore to service any damaged CITY property, roadway or other
facility or object. The cost of such repairs shall be borne by PERMITTEE to the extent caused
by PERMITTEE'S failure to exercise due care. The cost to the CITY to provide such repairs
shall constitute a lien and encumbrance against Subject Property and shall be collectible by a
civil action or as a special assessment as described in Paragraph 3 above.
7. No Waivers
Enforcement of the terms of this Agreement shall be at the discretion of the CITY, and any
forbearance by the CITY to exercise its rights under this Agreement in the event of any breach of
any term of this Agreement by PERMITTEE or OWNER shall not be deemed or construed to be
a waiver by the CITY of such term or of any subsequent breach of the same or any other term of
this Agreement or of any of the CITY's rights under this Agreement. No delay or omission by
the CITY in the exercise of any right or remedy upon any breach by PERMITTEE or OWNER
shall impair such right or remedy or be construed as a waiver. Notwithstanding any other
provision oflaw, all waivers must be express and in writing.
8. Indemnification
PERMITTEE and OWNER shall hold harmless, indemnify and defend CITY and its respective
officers, directors, governing members, employees, contractors, partners, insurers, attorneys,
agents, personal and legal representatives, successors and assigns of each of them (collectively
"Indemnified Parties") from and against all liabilities, penalties, costs, losses, orders, liens,
charges, damages, expenses, causes of action, claims, demands or judgments, including, without
limitation, reasonable attorneys' fees, arising from or in any way connected with:
(a) Injury to or the death of any person or physical damage to any property, resulting from
any act, omission, condition or other matter related to or occurring on or about the
Subject Property, regardless of cause, arising out of or related to the landscaping or
landscaping improvements, unless due to the negligence or willful misconduct of any of
the Indemnified Parties;
(b) Any claim based on the existence or administration of this Agreement, or the
enforcement or nonenforcement thereof.
9. Liability for Non-Performance and Personal Iniuries
Neither CITY nor any of its officers, employees or agents shall be liable to PERMITTEE or
OWNER or its contractors for any error or omission arising out of or in connection with any
3
work to be performed under this Agreement. Nor shall CITY be liable to PERMITTEE,
OWNER or to any other person, firm or corporation whatsoever, for any injury or damage that
may result to any person or property by or from any cause whatsoever in, on, or about the
Subject Property covered by this Agreement, or any part thereof.
10. Oblil!ations of PERMITTEE
Notwithstanding the fact that PERMITTEE'S plans, completion of the work, and other acts are
subject to approval by the CITY, it is understood and agreed that any approval by CITY thereof
shall not relieve PERMITTEE from satisfactorily installing the landscaping and landscaping
improvements under this Agreement. Compliance with the CITY's standards, specifications and
all applicable laws, rules, regulations, permits and conditions of approval shall be the sole
responsibility of the PERMITTEE. PERMITTEE hereby warrants that its plans and
specifications will comply with' all of CITY's standards, specifications and ordinances and that
the work done pursuant thereto shall be in conformity with the said standards, specifications and
ordinances and that they are adequate to accomplish the work in a good workmanlike manner
and in accordance with sound landscaping practices. This warranty shall survive any review,
inspection or approval by the CD Director and any other CITY officers, employees or agents.
11. Notices
Any notice, demand, request, consent, approval, or communication that any party desires or is
required to give to any other party shall be in writing and may be served in anyone of the
following ways: personally, by certified mail (retum receipt requested) or by overnight delivery
service (such as Federal Express) addressed as follows:
To PERMITTEE:
GTE Mobilnet of California Limited Partnership
dba Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attn: Network Real Estate
To OWNER
To CITY:
Community Development Director
4
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
or to such other address as any party from time to time shall designate by written notice to all
other parties. Such notice shall be deemed to be effective when delivered if served personally or
sent via overnight delivery service, and three days after being deposited in the mail.
12. General Provisions
(a) Controlling Law. The interpretation and performance of this Agreement shall be
governed by the laws of the State of California. PERMITTEE, OWNER and CITY have
all of the rights and remedies available to them under the laws of the State of California.
(b) Severabilitv. If any provision of this Agreement is found to be invalid, the remainder of
the provisions of this Agreement, or the application of such provision to any person or
circumstance other than those as to which it has been found to be invalid, shall not be
affected thereby.
( c) Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the implementation of the landscaping and landscaping improvements required
by the LSP and supersedes all prior understandings, discussions, negotiations, or
agreements relating to the Agreement, all of which are merged herein. No alteration or
variation of this instrument shall be valid or binding unless PERMITTEE, OWNER and
CITY jointly amend this Agreement in writing. In the event of any inconsistency
between this Agreement and Resolution No. and/or any Exhibit attached to
such Resolution, the Resolution and its Exhibits shall prevail.
(d) Successors. The covenants, terms, conditions, and restrictions of this Agreement shall
constitute covenants running with the land and shall be binding upon, and inure to the
benefit of, the parties hereto and their respective personal heirs, representatives,
successors, transferees and assigns. All such heirs, representatives, successors,
transferees and assigns shall be bound to every provision in this Agreement, whether or
not this Agreement is referred to in the instrument by which such heirs, representatives,
successors, transferees or assigns acquire an interest in the Subject Property.
(e) Captions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction
or interpretation.
(f) Warrantv of Authoritv. Each person executing this Agreement on behalf of a party
represents and warrants that such person is duly and validly authorized to do so and has
full right and authority to enter into this Agreement and all of its obligations hereunder.
(g) Timing of Agreement. The Parties hereby agree that time is of the essence as to this
Agreement.
5
13. Indevendent Le!!al Counsel
The undersigned parties acknowledge their right to obtain independent legal advice prior to
entering into this Agreement. The undersigned parties have either obtained the advice of legal
counsel prior to entering into this Agreement or voluntarily waive the right to do so by signing it.
The undersigned parties execute this Agreement voluntarily with fun knowledge of any rights
they may have, with full knowledge of the significance of this Agreement, and with the express
intention of effecting the legal consequences provided by the laws of the State of California.
14. Execution
This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
PERMITTEE:
GTE Mobilnet of California Limited
Partnership, dba Verizon Wireless
By: Cellco Partnership, its general partner
By:
Name: Robert F. Swaine
Title: West Area Vice President
PROPERTY OWNER:
By:
Name:
Title:
CITY OF SARATOGA,
6
A Municipal Corporation
Dave Anderson, City Manager
ATTEST:
City Clerk
7
_ Attachment 3
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 Plannerc.9"
Date: April 13, 2005
APN:
386-53-019
DepartmentHead: p~
lROI'I;lDE DsooflBufferZooe
"...."""
. A"qeclSile
.R,rcelswnJ1,o500f
/'/C;.l;'"
R:lrcels
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, 12383 Saratoga Sunnyvale Road
STAFF ANALYSIS
ZONING:
R-I-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 limited small new facilities; installation of small, new equipment and
facilities in small structures.
000003
Application No. 04-065, 12383 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 10:30am. All of the Verizon generators in Northern 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 lirnit.
Revisions
The following revisions were incorporated into the plans at staff s 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 gal10n each.
. The original proposal to pave the access easement was eliminated. The access
easement wil1 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 findings 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, 12383 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 Pernrit 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 Envirorunental 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 hrunan 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, 12383 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 following conditions:
\. 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, all 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 [mal 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, 12383 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
000010
AFFIDAVIT OF MAILING NOTICES
STATE OF CALIFORNIA
)
)
)
SS.
COUNTY OF SANTA CLARA
C DD~~ ..
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 ~day of rn';'v;vcA~ 2005, that 1
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 part hereof)
that said persons are the owners of said property who are entitled to a Notice of Hearing
pursuant to Section IS'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.
( ODYW
Signed
00001.1
City of Saratoga
Community Development Department
13777 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 13m 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 regarcling 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 inclucling "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@saratoga.ca.us or 408 868-1286
000012
. ' .
Attachment 3
000017
~ ~ ~ ~ ~ "fir 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 SARATOGA
O"MIINI11PIYfbWtgffiammett & 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 1. 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]
Aoorox. Freauencv
1,950 MHz
870
855
30-300
Oecunational 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
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
HE
HAMMETT &< EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
VWll 7374596. 1
Page 1 of4
0000:18
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 desigoed 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/z-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
HAMMETT &; EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
VW117374596.1
Page Z 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 all three carriers
is expected to be 1.6% ofthe 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 ofthe 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 will 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.
HAMMETI &; EDISON, INC.
CONSULTING ENGINEERS
SAN FRANOSCO
VW117374596.1
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
.
HE
HAMMETI &: EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
VWl17374596.l
Page 4 0[4
000021.
FCC Radio Frequency Protection Guide
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ("FCC")
to adopt a nationwide humao 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 aod 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:
Freauency
Applicable
Range
(MHz)
0.3 - 1.34
1.34 - 3.0
3.0 - 30
30 - 300
300 - 1,500
1,500 - 100,000
~
.... ~N8
<I.) .... U
~ ~ ~
o ,,~
~Cl8
~
1000
100
10
I
0.1
Electromagnetic Fields (f is frequencv of emission in MHz)
Electric Magnetic Equivalent Far-Field
Field Strength Field Strength Power Density
(Vim) (Aim) (mW/cm')
614 6/4 1.63 /.63 100 100
614 813.8/f 1.63 1./91f 100 /80/1
1842/f 813.8/f 4.89/f 1./91f 9001t' /80/1
61.4 17.S 0.163 0.0719 1.0 0.1
3.54-fr /.S9VJ -fr/106 {r/138 fl300 f1/S00
137 6/.4 0.364 0./63 5.0 /.0
./ Occupational Exposure
/' PCS
Cell
____I
-
Public Ex osure
0.1
I
10 100 103
Frequency (MHz)
10'
105
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, 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
HAMMETT & EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
FCC Guidelines
Figure 1
,C',r'"n,n.??
'-..;.IVVV~A.J
RFRCALC TM 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:
2hZ
I) D>T
2) D > 5h
3) D > 1.6A.
where h = aperture height of the 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 Poet W 2
power density ~ tJBW x 11 x D x h' in m fern,
where BBW = half-power beamwidth of antenna, in degrees, and
Poet = 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:
. S 2.56 x 1.64 x 100 x RFFZ x ERP . mW, Z
power denSity = Z' III ,ern ,
4 x 11 x 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
HAMMEIT & EDISON, INC.
CONSULTING ENGINEERS
SAN FRANCISCO
Methodology
Figure Z
000023
. '
_ Attachment 4
000024
-
-
-
-
!Ji g u; ~ ~ W ls
FEB 1 4 2005 ~
CITY OF SARATO(;,\
08 F~9IaI4QQ?
.:":.,,:,:.,.;:,, """::,:,:,::::',:,":::,.
...,;,;::::::,:;:"- '-:"':::::::::::::::::.::.
:_,.,::::.:.::." '-:;0;::':':':':':'
E-mail: larry.hansen~~ii.ilnonoise.com
Web Site: wwWj~<:linonoise.com
~I-
~ --
---
ENGINEERED I.i
AEROACOUSTICS, !
Verizon Wireless
2785 Mitchell Drive
Walnut Creek, CA 94598
Attention: Mr. James Graham, Engineer-Construction,
Subject: Pierce Road Site, Engine-Generator AcousHcQriteria
Reference: EAI File Number 01-6122
Gentlemen:
........-.-:::,';..-:.,-;-. ..;'...-,;....
'-:":':':::';::::;::::.-. ;:::;:::::::::;:"
.<....-'......-'....... -'-....:.-,.--..
Pursuant to your request, Engineered Ayroacousij~;lhc. (EAI) has reviewed the design
parameters and acoustic criteria for the!n~tflllatioriq~~S?enerac Model SG030, 30-kW,
engine generator (EnGen) at the Veri?onr:>l~r9l'l~oadslt~IH is the understanding of EAI
that the stated acoustical goal is top~45-dBAatl!!;B4yet distahce from the EnGen weather
housing. .
:"::::::;';::::;;:;:'", ":::::;;;:;,;;::;:::;;:,
.:::::::::::::;':::::::"";:::::..-':'::);::::::'"
.:.:".,.:.;..,.,.,..:.;.;.;.,.:.;.;.;.:.;,- .".,.,
This acoustic criteria is ac.~~tva6"!9r.the selected EnGen model and power rating.
EAI has aeroacoustically siioo silencefijJ~9yles, forthe air intake and radiator-discharge
(Raddis), to provide the requisite attenuatlbPtQ.achieve the stated criteria based on the
following assumption~i..Ii.Ii
::,,:;:,:,:;::::,' ..:,::,::;:::,::
.(//('" .';:::::':'::",
1. The factory furn!~hed w~ther enclosure (by others) will exhibit sufficient EnGen
acoustical atteny~~l6n to prq~l~g!itnQmi!,!pl 30-dBA sound pressure level at 45-feet.
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
If there is any concern on the acoustic rating of the factory furrni~fied weli!1!Jer
an acoustic housing can be provided to meet the stated acoM~tlc criter!~!1"his may
be retrofitted on site (using the existing air intake and~@9.9is ~!!i1P\cers pr~t>usly
furnished) at a latter date, should it become desirable. . A sampl!!)g~t!high pe~ilff1ance.
acoustic and aerodynamic designs for a variety of rated"ppwer getl'eiitiqn eqlli~ent may
be found on the EAI web site, listed below.")..(
Verizon Wireless
Pierce Road Site
08 February 2005
Page 2 of 2
.':', ..::,.;.:.;.:.:.:.;.;.;.... -.:.;:,.;.:.;.,.,;::,.:.,::.;.,,"
;';';':"'" '-';-;-'.';-:.':-;':';';':-. .,.';.:.:.';.....:.';...;.:.
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"-",'.',-.',' ........'..,.....,-...., ....'..,.
.-,-n...., .............- .....
-----.-- .,--........... ..
We hope the above text answers your immedi~til'questions'CQ9~rning the proposed
acoustical design features. Please feel free to. .!1!!:lhtact us.wjth anyqliie$.Jlons or concerns.
',.....' --.',... .
Resoectfully yours,
ENGiNEER!=D AEROAC9USTICS. ......
~'I;Y ~/ I / i
. y' "''// ..~' ...............:::..'.'::....:.i.
. ,.,,' . ...,.....,.....
! -/~,......
\, ~. ii'
.............-...,..............'..
............,.......:.
Lalll/rence F. Hansen - Princ!.iI~rlgi~~r
Enclosures: EAI web sit~:i:fatd
,........-:.... .".. :......:.:.:,,',.,:
'''v.'',",: )t:::::=:=:::;
Copy To: Greg Cat!l~m!.~~f~ysystems
......,. 1972 2005
'i.i/ -:
It..I, OVER 33 YEARS OF
:i..~rROACOUSTlC SOLUTIONS
Environmental Engineering
Industrial Noise & Vibration Control
El)..
Aerodynamics I Thermodynamics
Analysis I Diagnostics I Remediation c
D0002v
" ,
Attachment 5
000027
Christy Oosterhous
Page I of I
. .... ,__,_,~,___"""'__"*' . __~_._~._m.___.___.__~__m___.._ _.__.._..~..____~_______.m._~_~~'_"___ __..._..____m_..._._~___.m..._.___~__~__._"____._~_.__-....--~--~----
/
/-:
( Soy]
~, pVO\Jld-L~-t:;:,j-
~
~
\
~
"
From: Karen McPherson [karen.mcpherson@ridgecommunicate.comj
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
VI of-
C O~V\ L\
~'J
'-~"
"
-.
"-----
3/29/2005
\
-,,~
000028
Attachment 4
DATE:
PLACE:
TYPE:
MINUTES
SARATOGA PLANNING COMMISSION
Wednesday, April 13, 2005
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
Commissioner Nagpal called the meeting to order at 7:02 p.m.
ROLL CALL
Present:
Absent:
Staff:
Commissioners Cappello, Hunter, Kundtz, Nagpal, Schallop and Ubi
Commissioner Rodgers
Associate Planner Christy Oosterhous
PLEDGE OF ALLEGIANCE
ELECTION OF A NEW PLANNING COMMISSION CHAIR AND VICE-CHAIR
Motion:
Motion:
Upon motion of Commissioner Hunter, Commissioner Nagpal was selected as the
Planning Commission Chair. (6-0-1; Commissioner Rodgers was absent)
Upon motion of Commissioner Uhl, Commissioner Rodgers was selected as the
Planning Commission Vice Chair. (6-0-1; Commissioner Rodgers was absent)
APPROVAL OF MINUTES - Regular Meeting of March 23, 2005.
Motion:
Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the
Planning Commission minutes of the regular meeting of March 23, 2005, were
adopted as submitted. (6-0-1; Commissioner Rodgers was absent)
WELCOME NEW COMMISSIONERS
Chair Nagpal welcomed newly appointed Commissioners Cappello and Kundtz to their first meetings
on the Planning Commission.
ORAL COMMUNICATION
There were no Oral Communication Items.
Planning Commission Minutes for April 13, 2005
Page 2
REPORT OF POSTING AGENDA
Associate Planner Christy Oosterhous announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on April 7, 2005.
REPORT OF APPEAL RIGHTS
Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an
Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision,
pursuant to Municipal Code 15.90.050(b); 10 days for Conditional Use Permits.
CONSENT CALENDAR
There were no Consent Calendar items.
***
PUBLIC HEARING - ITEM NO.1
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 in the "Gateway" near the railroad 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 requests 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. (CHRISTY
OOSTERHOUS)
Associate Planner Christy Oosterhous presented the staff report as follows:
. Advised that the applicant, Verizon Wireless, is seeking approval of a Conditional Use Permit to
allow three panel antennas at an existing PG&E lattice tower.
. Explained that the height of the lattice tower would increase by 5.5 feet. An equipment area will be
located on the ground and enclosed with an eight-foot high wood fence.
. Reported that there are several carriers already on site.
. Added that a generator is proposed, which will require weekly testing.
. Recommended approval with revised Conditions of Approval #8 and #9.
Chair Nagpal opened the Public Hearing for Agenda Item No. I.
Ms. Karen McPherson, Applicant, Verizon Wireless:
. Complimented staff on a wonderful job in presenting this application.
. Stated that it has been a pleasure working with Christy Oosterhous.
. Advised that Verizon is joining two existing carriers on this site, MetroPCS and Sprint.
Planning Commission Minutes for April 13, 2005
Page 3
. Stated that the noise standard that they should be held to is the standard as outlined in the City's
Noise Ordinance.
. Added a concern about the requirement for landscape maintenance and suggested that consecutive
shorter-term contracts (five years) are more typical than the stated "perpetual maintenance of the
landscape. "
Commissioner Cappello asked if the proposed landscaping consists simply of oleanders.
Ms. Karen McPherson replied yes. They will plant seven oleanders that will be regularly watered.
Oleanders are both disease and bug resistant and will do quite well.
Chair Nagpal asked for clarification about the concerns with proposed language included on the April
12,2005, staff memo.
Ms. Karen McPherson:
. Said the Condition #8 has ambiguous language reading, "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."
. Assured that they plan to comply with the City's Noise Ordinance standards, which are very strict.
If they are simply asked to meet those Noise Ordinance standards, they are comfortable with the
Condition.
. Added that there is a lot oflegalese in Condition #9 and that both sides' attorneys should be able to
work out the details in a way that is acceptable to all.
Chair Nagpal closed the Public Hearing for Agenda Item No. I.
Commissioner Hunter said she was fine with this request. She added that she could understand the
concerns raised about the two conditions mentioned and was sure that these issues could be resolved so
that this applicant is held to the same standards as other similar applications.
Commissioner Schallop expressed his agreement, saying that the wording is ambiguous.
Commissioner Hunter stated that no one could sign up for landscaping forever.
Commissioner Kundtz:
. Stated that he has concerns about a portion of the draft Resolution that can be resolved with a
simple addition of text.
. Suggested that Section 1, Item I, could have the added language following the word antennas to
read, "...antennas. landscavinll and fences as shown on Exhibit A."
Motion:
Upon motion of Commissioner Kundtz, seconded by Commissioner Hunter, the
Planning Commission granted a Use Permit Approval (Application #04-065) to
allow the installation of three panel antennas in a co-location with two existing
carrier with a maximum height of 146.5 feet and including a 532 square foot
equipment enclosure surrounded by eight foot high wood fence and screening
oleanders on property located at 12383 Saratoga-Sunnyvale Road, with the
revisions stated to the Conditions, by the following roll call vote:
Planning Commission Minutes for April 13, 2005
Page 4
AYES:
NOES:
ABSENT:
ABSTAIN:
Cappello, Hunter, Kundtz, Nagpal, Scballop and UbI
None
Rodgers
None
***
DIRECTOR'S ITEMS
There were no Director's Items.
COMMISSION ITEMS
Chair Nagpal sought clarification whether the 3:30 p.m. site visit start time continues to be the most
convenient for the Commission. Upon discussion, it was determined that the visits would occur at 3:30
p.m., later on days where the list of sites to visit requires less time than typically required.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Hunter, Chair Nagpal adjourned the meeting at 7:20 p.m. to the next
Regular Planning Commission meeting of April 27, 2005, at 7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk
Attachment 5
TELEPHONE 415 / 288~4000
FACSIMILE 415/288-4010
MACKENZIE & ALBRITTON LLP
ONE POST STREET, SUITE 500
SAN FRANCISCO, CALIFORNIA 94104
May 25, 2005
VIA FACSIMILE: (408) 867-7586 and ELECTRONIC MAIL
Mayor Kath]een King
Members of the City Council
Richard S. Taylor, City Attorney
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Re: Appeal of Planning Commission Approval ofVerizon Wireless
Telecommunications Site at 12383 Saratoga - Sunnyvale Road
Hearing Date: June 1,2005
Dear Mayor King, Members of the City Council and Mr. Taylor:
We represent Verizon Wireless ("VZW") and are writing on their behalf with respect to
the City Council's appeal of the Planning Commission's April 13, 2005 approval of a conditional
use permit for a telecommunications facility located at 12383 Saratoga - Sunnyvale Road. The
appeal was originally set for May 18,2005, but was continued until June 1,2005.
The conditional use permit for the site was approved unanimously by the Planning
Commission with no public opposition. Through review of a video tape of the City Council's
April 20, 2005 meeting when the appeal was made by Council Member Streit we discern that the
grounds for appeal were a concern over safety and the desire to locate equipment within an
enclosed shelter (as originally proposed by VZW) and not in an enclosed fence (as requested by
staff). This modification is easily accommodated by VZW as this was their originally proposed
design. Plans and photo-simulations of the shelter design submitted by VZW are included in
your staff report.
]n subsequent conversations with the City staff including Richard Taylor and Jonathon
Wittwer of the City Attorney's office, and Mr. John Livingstone and Christy Oosterhous of the
Planning Department, staff has raised further issues related to the landscaping conditions
approved by the Planning Commission. In addition to these issues, VZW seeks clarification and
amendment of the condition of approval relating to operation of the emergency electrical
generator and compliance with the noise ordinance.
We are at a disadvantage in responding to this appeal because we have not been able to
communicate directly with the City Council, the appellants in this case, apparently on advice of
the City Attorney. We have attempted to address the issues that we are aware of through Messrs.
Livingstone, Wittwer, Taylor and Ms. Oosterhous. As discussed below, however, we were not
able to reach agreement on the landscaping issue, though it was not for lack of trying.
It is apparent that staff is seeking to impose a solution for its lack of enforcement of prior
landscaping permit conditions for other wireless telecommunications facilities at this site by
creating a new policy requiring VZW to contract with the City to maintain landscaping. This ill-
conceived solution raises serious issues for VZW involving internal administrative procedures as
Mayor King and Members of the City Council
Richard S. Taylor, City Attorney
May 25, 2005
Page 2
well as basic contracting issues such as insurance, indemnity, liability, and performance review.
As the last carrier to occupy this site, this "solution" also discriminates against VZW in violation
of the federal Telecommunications Act of 1996. VZW's strong preference is to provide the
landscape maintenance itself as it does on its other sites and have the City rely on existing
enforcement mechanisms rather than relying on the unnecessarily complex solution of having the
City be the landscape maintenance contractor at the site. As an alternative, in order to
accommodate the City's desire to manage the landscaping for this property, VZW would be
willing to make a one-time contribution to a landscape fund to be established for the site
provided VZW is relieved of all landscape maintenance obligations.
1. Design of Equipment Enclosure. We understand that at least some members of the City
Council would prefer that VZW's base station equipment including an emergency electrical
generator be enclosed in a shelter without a surrounding fence rather than in weather-proof
cabinets inside an area enclosed by a wooden fence as approved by the Planning Commission.
VZW is willing and able to make this change, which, in fact, is closer to our client's original
proposed design than that which was approved by the Planning Commission. To give an idea of
what an equipment shelter at the site might look like, we enclose a copy of a photo simulation of
such a shelter (albeit with a fence which would be eliminated).
2. Installation and Maintenance of Landscaping. Based on conversations with Mr.
Wittwer and with Mr. Livingstone, this appears to be an area of significant concern even though
it was not mentioned at April 20" City Council meeting. We understand that the City is
concerned in general about the appearance of the area around the base of the PG&E tower where
the VZW site would be located adjacent to two other wireless carriers' sites,and in particular,
about deficiencies in maintaining the landscaping around the two existing sites. While we
understand the City's frustration at other carriers' failure to maintain landscaping required under
their respective conditional use permits, we are concerned that this frustration could be taken out
on VZW in an unfair and discriminatory manner in violation of the federal Telecommunications
Act of 1996.
We do not think that there is disagreement over the basic landscape plan for the VZW
site, that is, installation of seven l5-gallon oleander plants around the outwardly-facing side of
the equipment shelter. VZW would also provide the City with a "cal-sense irrigation controller"
and related equipment with an approximate value of $2500 for use at the site.
With respect to maintaining this landscaping, VZW strong preference would be to deal
with it in the same general manner that it does on its other sites. VZW would, at its sole cost and
expense install the seven oleander bushes, and, through its own landscaping contractor, maintain
the bushes in a manner satisfactory to City with proof of the maintenance contract provided to
the City. This is the basic plan proposed and approved by Planning Department Staff and
approved by the Planning Commission. Staff has also proposed and VZW is willing to provide a
bond equal to 150% of the cost of replacing the oleander bushes in the event that they died or
were so damaged as to require replacement regardless of cause.
We understand that the City would prefer that VZW pay the City to do the landscape
maintenance itself. VZW objects to this proposal in principal because it represents an
unnecessary intrusion of the public into a private sphere that has at least the appearance of self-
dealing (i.e. the City requiring a private party to enter into an agreement to pay money to the
City). More concretely, any kind of arrangement requiring regular payment of money to the City
would be very difficult for VZW to implement because of the understandably tight control over
disbursements exercised by VZW on a national level. In order to ensure that payments are made
for legitimate purposes, enforce its various vendor insurance and other requirements, and make
Mayor King and Members of the City Council
Richard S. Taylor, City Attorney
May 25, 2005
Page 3
sure they are accounted for properly, VZW can only issue checks to approved vendors for
authorized purposes. The City would, therefore, have to become an approved and authorized
vendor of VZW and all of the usual vendor issues such as insurance, indemnity, and liability
would then have to be addressed with the City. Because VZW is leasing the space from PG&E,
all of PG&E's vendor/contractor requirements involving the same sort of issues would also have
to be addressed. Finally, some procedure for review of the City's performance would also have
to be devised.
In addition to having YZW hire the City to provide landscape maintenance at the site, we
understand that the City wants YZW to execute a separate recordable "Landscape Maintenance
Agreement" that, according to the last draft of it that we have seen and our conversations with
Mr. Wittwer, would provide the City with certain rights to proceed against VZW in the event the
landscaping deteriorated to the point it no longer complied with the landscape plan, incl uding,
apparently, deterioration caused by the City's failure to meet its maintenance obligations. If the
City has actual control over the performance over landscape maintenance, VZW should not be
held responsible for any failure by the City to perform and at most, it should be responsible for
the replacement cost of the landscaping if and only if the damage or destruction of the
landscaping was not the result of City's failure to perform.t
If the City insists on performing the landscape maintenance itself, then instead of
qualifying the City as one of its approved vendors, YZW would propose making a one-time
payment to a fund established by the City for the purposes of paying for on-going landscape
maintenance for the life of YZW's facility, around twenty years. In addition, YZW would
provide a bond in an amount equal to 150% of the cost of replacing the seven oleander bushes
that could be used in the event the bushes were damaged or destroyed through no fault of the
City. The Landscape Maintenance Agreement would be dropped entirely.
3. The Emergency Electrical Generator. In the draft conditions of approval, the issue of
noise is addressed in connection with the emergency electrical generator. In its current form, the
condition requires that operation of the generator comply with the noise ordinance "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 the staff." The vague "quality of life"
requirement should be deleted as overreaching and unnecessary. If the generator is operated in
compliance with the City's noise ordinance, that should be protection enough. If it is not, the
solution is to change the noise control ordinance, not legislate on an ad hoc basis in conditions of
approval.
We should also point out that moving the emergency electrical generator inside the
shelter as has been requested here is not normally done. YZW submitted an acoustical
engineer's report with its original application indicating that operation of generator in its original
location would comply with the noise ordinance. Because generators are not normally located
inside equipment shelter buildings, the engineer does not have data sufficient to state that
operation of a generator inside the building would comply with the noise ordinance. Because it
is not possible to make that projection prior to installation, YZW requests that this condition of
approval be revised to provide that if and when YZW wants to install a generator at the site, it
can be made operational only if it can be operated in compliance with the noise ordinance as
demonstrated by an acoustical engineer's report at that time.
1 The "Landscape Maintenance Agreement" also gives the City the right to convert a failure to perform a monetary
obligation under the agreement into a "special assessment" to be added to the landowner's property tax bill. In this
case, both PG&E, the landowner, and Verizon Wireless, are state-assessed public utilities that do not receive or pay
county property tax bills thus rendering this enforcement mechanism meaningless.
Mayor King and Members of the City Council
Richard S. Taylor, City Attorney
May 25, 2005
Page 4
****
In closing, please be assured that VZW wants to work with the City to reach a mutually
agreeable outcome in this case. Please do not hesitate to contact me or Ms. Karen McPherson
((925) 200-6328), the authorized representative of VZW, with any questions or comments. In
addition, Ms. McPherson will be calling in the next few days to invite you on a guided tour of
the actual site location to give you the opportunity to actually see what is at stake in this appeal
and to answer any questions you may have.
cao~
Charles R. Martel
cc: Jonathon Wittwer
John Livingstone
Karen McPherson
Peter Maushardt, Verizon Wireless
Nancy Davis, Esq, Verizon Wireless
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Attachment 6
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
L.\
bJ.::7~
MEETING DATE: June 1, 2005
AGENDA ITEM:
DEPT HEAD: John Cherbone
~{J~~
PREPARED BY: John Cherbone
SUBJECT: Landscaping & Lighting Assessment District LLA-l - Public Hearing,
Approval of Engineer's Report, and Confirmation of Assessments for FY 05-06
RECOMMENDED ACTION(S):
Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for FY 05-06.
REPORT SUMMARY:
Attached is the final Resolution, which requires adoption by the Council to complete the renewal
of the Landscaping and Lighting Assessment District LLA-I for FY 05-06. Once adopted, the
Resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal
year. The Council can consider the Resolution only after the close of the Public Hearing.
FISCAL IMPACTS:
All of the costs associated with the administration and operation of the Landscape & Lighting
Assessment District are recovered via the assessments levied against the benefiting properties.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted and the assessments would not be confirmed. Ifthis
occurs, the Council will need to direct staff accordingly.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The assessment roll will be finalized and transmitted to the County Auditor by Augl,/st 10 for
placement on the upcoming tax roll.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The Resolution of Intention and Notice of Hearing have been published a locally distributed
newspaper as prescribed by law.
ATTACHMENTS:
I. Resolution Confirming Assessments.
2. Engineer's Report.
RESOLUTION NO.
A RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
FISCAL YEAR 2005-2006
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-I
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
WHEREAS, on the 2nd day of February, 2005, said Council adopted its Resolution
No. 05-009, "A Resolution Describing Improvements and Directing Preparation of Engineer's
Report for Fiscal Year 2005-2006" for the City of Saratoga Landscaping and Lighting
Assessment District LLA-I, pursuant to the Landscaping and Lighting Act of 1972, and directed
the City Assessment Engineer to prepare and file with the Clerk of this City a written report
called for under said Act and by said Resolution No. 05-009; and
WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon
said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part
thereof and found that it contained all the matters and things called for by the provisions of said
Act and said Resolution No. 05-009, including (1) plans and specification of the existing
improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the
District; and (4) an assessment according to benefits; all of which were done in the form and
manner required by said Act; and
WHEREAS, said Council found that said report and each and every part thereof was
sufficient in every particular and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 1st day ofJune, 2005, at the hour of7:00 p.m. of said day in the City
Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for
hearing protests in relation to the levy and collection of the proposed assessments for said
improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2005-
2006, and directing said Clerk to give notice of said hearing as required by said Act; and
WHEREAS, it appears that notices of said hearing were duly and regularly published and
posted in the time, form and manner required by said Act, as evidenced by the Affidavits and
Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID,
Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record
subject to the assessment at least 45 days prior to the date of the public hearing on the proposed
assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk,
whereupon said hearing was duly and regularly held at the time and place stated in said notice;
and
1
WHEREAS, persons interested, objecting to or in favor of, said improvements, including
the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any
zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs
thereof, and all persons desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy and collection of the assessments for said
improvements, including the maintenance or servicing, or both, thereof, were fully heard and
considered by said Council;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act, for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, more
particularly described in said Engineer's Report and made a part hereof by reference thereto.
2. That the City of Saratoga Landscaping and Lighting Assessment District LLA-I
and the boundaries thereof benefited and to be assessed for said costs for the construction or
installation ofthe improvements, including the maintenance or servicing, or both, thereof, are
situate in Saratoga, California, and are more particularly described by reference to a map thereof
on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of
the territory included in said District and any zone thereof and the general location of said
District.
3. That the plans and specifications for the existing improvements and for the
proposed improvements to be made within the assessment district or within any zone thereof
contained in said report, be, and they hereby are, finally adopted and approved.
4. That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it hereby is, finally adopted and approved.
5. That the public interest and convenience require, and said Council does hereby
order the improvements to be made as described in and in accordance with said Engineer's
Report, reference to which is hereby made for a more particular description of said
improvements.
6. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 05-009, and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said District as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel ofland has been given a separate number upon said diagram, as
contained in said report, be, and it hereby is, finally approved and confirmed.
2
7. That the assessment of the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in said District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance or servicing, or both, thereof and of the expenses incidental thereto
contained in said report be, and the same hereby is, finally approved and confirmed.
8. That said Engineer's Report for Fiscal Year 2005-2006 be, and the same hereby is,
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the
said assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certificate of such confirmation thereto attached and the
date thereof.
10. That the order for the levy and collection of assessment for the improvements and
the final adoption and approval ofthe Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs and expenses, the diagram and the assessment, as contained
in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with any resolution or order heretofore duly adopted or made by this Council.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the day of ,2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen M. King, Mayor
City of Saratoga
ATTEST:
Cathleen Boyer, City Clerk
3
CITY OF SARATOGA
LANDSCAPE AND LIGHTING
DISTRICT LLA-1
ENGINEER'S REPORT
on the
Levy of an Assessment
for the
2005-2006 Fiscal Year
April 2005
JOHN H. HEINDEL - CONSULTING CIVIL ENGINEER
ENGINEER OF WORK
TABLE OF CONTENTS
Assessment & Cost Sununary
Rules for Spreading Assessment
Description of Improvements
Cost Detail
Assessment Roll
Assessment Diagram
Certificates
Pages
1-3
4-5
6-7
8-12
CITY OF SARATOGA
LANDSCAPING AND LIGHTING DISTRICT LLA-I
ASSESSMENT
for Fiscal Year 2005-2006
WHEREAS, on , 2005, the City Council of the City of Saratoga, California, pursuant to
the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution No. 05_00_
describing improvements and directing preparation of the Engineer's Report for Fiscal year 2005-2006,
more particularly therein described, and
WHEREAS, said Resolution No. 05-00_ directed the Engineer of Work to prepare and file a report
presenting plans and specifications for the proposed improvements, an estimate of costs, a diagram of the
assessment district, and an assessment of the estimated costs of the improvements upon all assessable lots
or parcels of land within the assessment district, to which Resolution reference is hereby made for further
particulars,
NOW, THEREFORE, I, John H. Heindel, by virtue of the power vested in me under said Act and the
order of the City Council of said City of Saratoga, hereby make the following assessment to cover the
portion of the estimated cost of said improvements, including the maintenance and servicing thereof and
the costs and expenses incidental thereto, to be paid by the assessment district for the Fiscal Year 2005-
2006:
ENGINEER'S ESTIMATE SUMMARY.
ADMINISTRATIVE COSTS
Wages & benefits
Attorney
Assessment engineer
Advertising
$29,560
500
8,370
300
$ 38,730
MISCELLANEOUS OVERHEAD
New parcel charges
-0-
MAINTENANCE COSTS
Wages & benefits
Contract services
Repair services
Maintenance services
Irrigation water
Electric power
$62,216
650
33,167
66,403
30,538
59,195
252.169
Subtotal
$290,899
Indirect cost allocation
43.700
Total Costs $334,599
Previous year carryover (211,693)
SC County admin. Fee 558
Estimated property tax revenue (159.500)
Net cost $ (36,036)
Carryover not recovered (30,508)
Carryover not reimbursed 261.161
Assessment $ 194,617
SUMMARY OF ASSESSMENT BY ZONE*
As Preliminarilv Approved As Confirmed
Zone No. Total Per Parcel Total Per Parcel
1 $ 535 18.44 $ $
2 5,980 70.34
3 14,046 79.80
4 -0- 0.00
5 -0- 0.00
6 5,200 81.24
7A -0- 0.00
7B -0- 0.00
9 6,266 130.54
10 1,327 147.44
11 15,324 61.30
12 1,812 201.34
15 5,219 127.30
16 4,190 76.18
17 15,316 76.58
22 45,301 52.50
24 -O- N/A
25 6,859 457.26
26 45,966 489.00
27 4,572 147.48
28 7,208 450.50
29 4,590 75.24
31 4,646 89.34
32 260 21.66
Total $194,617 $
*See Cost Detail herein for breakdown
-2-
And I do hereby assess and apportion said portion of the estimated cost of the improvements, including
the maintenance and servicing thereof and the costs and expenses incidental thereto, upon the several lots
or parcels of land liable therefor and benefited thereby, and hereinafter numbered to correspond with
the numbers upon the attached diagram, upon each, severally and respectively, in proportion to the
benefits to be received by such property, respectively, from the construction and installation of the
improvements, and from the maintenance and servicing thereof, and more particularly set forth in the
Assessment Roll hereto attached and by this reference made a part hereof.
As required by said Act, a diagram is hereto attached showing the assessment district, and also the
boundaries and dimensions of the respective lots or parcels of land within said assessment district, as the
same existed at the time of the passage of said Resolution No. 05-00_. The diagram and assessment
numbers appearing in the Assessment Roll herein under the column headed "A.P.N." are the diagram
numbers appearing on said diagram, to which reference is hereby made for a more particular description
of said property.
I hereby place in the Assessment Roll, opposite the number of each lot or parcel of land assessed, the
amount assessed thereon. Each lot or parcel of land is described in said Assessment Roll by reference to
its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 2005-
2006, and includes all of such parcel.
Respectfully submitted,
Dated:
4-/1$
/
,2005
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-3-
RULES FOR SPREADING ASSESSMENT
The amounts to be assessed against the assessable lots or parcels of land to pay the estimated cost of the
improvements, including the maintenance and servicing thereof and the costs and expenses incidental
thereto, shall be based upon the estimated benefits to be derived by the various lots or parcels of land
within the assessment district.
The assessment for administrative costs shall be spread equally to all of ~e lots or parcels ofland located
in the assessment district.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zones I
through 7B, 9 through 12,15 through 17,22,25 through 29, and 31, as described in Resolution No. 05-
00 , shall be spread equally to all of the lots or parcels of land located within each said respective
zone of the assessment district.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 24, as
described in Resolution No. 05-00 , shall be spread as follows:
Costs related to street lights and street trees shall be spread to all the lots or parcels of land located within
said zone, proportional to usable parcel area.
. Costs related to the Village Parking District (VPD) parking lots shall be spread to all the lots or parcels of
land in commercial use located within said zone, proportional to the number of parking spaces existing in
the VPD parking lots that are assigned to each parcel within said zone, rounded to the nearest one tenth
(0.1) of a parking space. Spaces shall be assigned by adding the total number of spaces in the VPD
parking lots and the total private spaces existing on assessable parcels, distributing this sum
proportionally by weighted building area, and deducting the number of private spaces, if any, from the
resulting number for each parcel. Weighted building area shall be defined as actual building area
multiplied by a factor dependent on parcel use, as follows: Retail = 1.0; office/service = 0.5; restaurant =
2.0.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 32, as
described in Resolution No. 05- , shall be spread proportionally to the frontage on Saratoga-Sunnyvale
Road of each of the lots or parcels of land located and benefited within Zone 32.
Zones 0, 8, 13, 14, 18 through 21, 23, and 30 have been either detached or merged with other zones. A
portion of Zone 4 was redesignated Zone 26 in 1997.
Notwithstanding the above, the assessment levied for Fiscal Year 1999-2000 for each parcel in Zones 2,
3,6, 11, 16,22,25,26, and 29 shall not exceed the amount indicated in Table I attached hereto, the
assessment levied for Fiscal Year 2000-2001 for each parcel in Zones I, 9, 12, 17,27,28, and 31 shall not
exceed the amount indicated in Table 2 attached hereto, and the assessment levied for Fiscal Year 2004-
2005 for each parcel in Zone 32 shall not exceed the amount indicated in Table 3 attached hereto. In
subsequent years, the maximum assessment for each parcel shall be the amount calculated by multiplying
its maximum assessment for the previous year by 1.05.
-4-
TABLE I - MAXIMUM ASSESSMENTS
ZONE
FISCAL YEAR
1999-2000
FISCAL YEAR
2005-2006
2
3
6
11
16
22
25
26
29
$ 52.50
$ 63.00
$ 78.75
$ 52.50
$ 94.50
$ 52.50
$341.25
$498.75
$100.00
$ 70.36
$ 84.43
$105.53
$ 70.36
$126.64
$ 70.36
$457.31
$668.37
$134.oI
TABLE 2 - MAXIMUM ASSESSMENTS
ZONE
FISCAL YEAR
2000-2001
FISCAL YEAR
2005-2006
I
9
12
17
27
28
31
$ 75.00
$180.00
$275.00
$ 60.00
$ I 50.00
$400.00
$ 70.00
$ 95.72
$229.73
$350.98
$ 76.58
$191.44
$510.51
$ 89.34
TABLE 3 - MAXIMUM ASSESSMENTS - ZONE 32
A. P.N.
FISCAL YEAR
2004-2005
FISCAL YEAR
2005-2006
366-12-054
366-12-065
366-12-066
366-22-023
386-30-035
386-30-036
386-30-037
386-30-038
386-30-039
386-52-032
386-52-033
$ 1,052.16
$ 1,125.66
$ 1,511.48
$ 1,410.44
$ 1,015.42
$ 41.66
$ 500.98
$ 500.98
$ 960.30
$ 730.64
$ 730.64
$ 1,104.77
$ 1,181.94
$ 1,587.05
$ 1,480.96
$ 1,066.19
$ 43.74
$ 526.03
$ 526.03
$ 1,008.32
$ 767.17
$ 767.17
-5-
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both, thereof, of
landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other
ornamental structures and facilities, and public lighting facilities for the lighting of any public places,
including traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults,
conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts,
switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances,
including the cost of repair, removal or replacement of all or any part thereof; providing for the life,
growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing
and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric
current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or
operation of any other improvements; and the operation of any fountains or the maintenance of any other
improvements.
This work specially benefits the parcels assessed therefor since I) the work is adjacent to the
neighborhoods within which said parcels are located, and results in a) helping to identifY, distinguish and
enhance these neighborhoods, including the entrances thereto; b) helping to improve the quality of life in
these neighborhoods by reducing the potential for graffiti, eliminating dust and litter, providing sound
attenuation, eliminating the potential for blight, and providing added security and safety through lighting
and an added City presence; and 2) in the absence of this assessment district, the work and improvements
would not be otherwise accomplished by the City.
Benefits Provided within Each Zone:
Zone I
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
Zone 9
(Manor Drive Landscape District) - Provides for landscape maintenance of the Manor
Drive median and Saratoga-Sunnyvale Road frontage along Tract 3822.
(Fredericksburg Landscape District) - Provides for landscape maintenance along the Cox
Avenue frontage of Tracts 3777, 4041 and 4042.
(Greenbriar Landscape District) - Provides for landscape maintenance of the Seagull Way
entrance to Tracts 4628, 4725 and 4726, and of the common areas along Goleta Avenue
and Guava Court.
(Quito Lighting District) - Provides for streetlighting and landscape maintenance in the El
Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833, and 8700.
(Azule Lighting District) - Provides for streetlighting in the Azule Crossing residential
neighborhoods: Tracts 184,485,787, II I I, and 1800.
(Sarahills Lighting District) - Provides for streetlighting in the Sarahills residential
neighborhood: Tracts 3392 and 3439.
(Village Lighting District) - Provides for streetlighting in four separate residential
neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a
portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2,
McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477,
5350,5377,5503,5676,6419, and 6731, and Saratoga Village.
(McCartysville Landscape District) - Provides for Landscape maintenance along the
Saratoga-Sunnyvale Road frontage of Tract 5944.
-6-
Zone 10
Zone II
Zone 12
Zone 15
Zone 16
Zone 17
Zone 22
Zone 24
Zone 25
Zone 26
Zone 27
Zone 28
Zone 29
Zone 31
Zone 32
(Tricia Woods Landscape District) - Provides for landscape maintenance along the
Saratoga-Sunnyvale Road frontage of Tract 7495. (Maintenance and water shared with
Zone 27).
(Arroyo de Saratoga Landscape District) - Provides for landscape maintenance of the Vi2
Monte entrances to all or a portion of Tracts 2694, 2835, 3036, and 4344.
(Leutar Court Landscape District) - Provides for landscape maintenance of the Leutar
Court frontage in Tract 6996.
(Bonnet Way Landscape District) - Provides for monthly landscape maintenance along
Bonnet Way: Tract 5462.
(Beaucharnps Landscape District) - Provides for landscaping and lighting of the Prospect
Road entrance to the Beauchamps subdivision: Tract 7763.
(Sunland Park Landscape District) - Provides for landscape maintenance along the Quito
Road frontage of Tracts 976 and 977.
(Prides Crossing Landscape District) - Provides for periodic landscape maintenance
along Prospect Road between the Route 85 overcrossing and Titus A venue, and along
Cox Avenue between the Route 85 overcrossing andSaratoga Creek. Includes all properties
bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the
Brookviewneighborhood(Tracts 1493, 1644, 1695, 1727, 1938, and 1996).
(Village Commercial Landscape District) - Provides for routine maintenance of Village
Parking Districts 1-4 and Big Basin Way landscaping.
(Saratoga Legends Landscape District) - Provides for landscape maintenance along the
Saratoga-Sunnyvale Road frontage of, and pedestrian pathways within, Tract 8896.
(Bellgrove Landscape and Lighting District) - Provides for common area landscape
maintenance and lighting associated with Tract 8700.
(Cunningham Place/Glasgow Court Landscape District) - Provides for landscape
maintenance along the Saratoga-Sunnyvale Road frontage of Tracts 6199 and 7928.
(Maintenance and water shared with Zone 10).
(Kerwin Ranch Landscape District) - Provides for landscape maintenance along the
Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560.
(Tollgate Landscape and Lighting District) - Provides for maintenance of the common area
landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946
and 5001.
(Horseshoe Drive Landscape and Lighting District) - Provides for landscape maintenance
along the Saratoga-Los Gatos Road frontage of Tract 247.
(Gateway Landscape and Lighting District) - Provides for maintenance of frontage
landscaping along Saratoga-Sunnyvale Road between Prospect Road and the Union Pacific
railroad tracks.
-7-
COST DETAIL
Zone Number I 2 3 4 5
Administration $ 295 $ 865 $ 1,792 $ 7,054 $ 1,150
Operations
Wages $ 665 1,948 4,033
Contracts
Repairs 4,243 2,437
Maintenance 1,958 3,256 6,065
Water 373 263 575
Electric 13.089 3.144
$ 2,996 $ 5,467 $ 14,916 $ 13,089 $ 5,581
Subtotal $ 3,291 $ 6,332 $16,708 $ 20,143 $ 6,73 I
Indirect costs 333 976 2.021 7.959 1.298
Total Costs $ 3,624 $7,308 $ 18,729 28,102 $ 8,029
Carryover (94,097) (69,500)
SCC Admin. Fee 11 2 17 165 81
Property Tax 0.100) (700) (4.700) (47.200) (23 .200)
Net cost $ 535 $ 6,610 $14,046 $(113,030) $(84,590)
Cover not recov. (630)
C'over not reimb. 113.030 84.590
Net assess. $ 535 $ 5,980 $ 14,046 $ -0- $ -0-
No. of Parcels
29
85
176
693
113
Assmt./Pcl.
$ 18.44
$ 70.35
$ 79.80
$
-0-
$
-0-
-8-
COST DETAIL
Zone Number 6 7A 7B 9 10
Administration $ 652 $ 4,814 $ 2,962 $ 489 $ 92
Operations
Wages $ $ $ $ 1,100 $ 206
Contracts
Repairs 2,724 25
Maintenance 2,570 595
Water 445 1,367 285
Electric 3.368 35.156 ~ -1l
$ 3,813 $ 37,880 $ -0- $ 5,226 $ 1,132
Subtotal $ 4,465 $ 42,694 $ 2,962 $ 5,715 $ 1,224
Indirect costs 735 5A33 3.342 ~ --...lm
Total Costs $ 5,200 48,127 $ 6,304 $ 6,266 $ 1,327
Carryover (63,709)
SCC Admin. Fee 168 18
Property Tax (48.127) (5.173)
Net cost $ 5,200 $(63,541) $ 1,149 $ 6,266 $ 1,327
Cover not recov. (1,149)
Cover not reimb. 63 .541
Net assess. $ 5,200 $ -0- $ -0- $ 6,266 $ 1,327
No. of Parcels
64
473
291
48
9
Assmt./Pcl.
$ 81.24
$
-0-
$ -0-
$130.54
$147.44
-9-
COST DETAIL
Zone Number 11 12 15 16 17
Administration $ 2,545 $ 92 $ 417 $ 560 $ 2,036
Operations
Wages $ 5,728 $ 206 $ 939 $ 1,260 $ 4,583
Contracts
Repairs 2,760 190 3,010
Maintenance 1,053 1,053 3,072 979 4,064
Water 367 358 786 285 1,623
Electric 474
$ 9,908 $ 1,617 $ 4,987 $ 2,998 $ 13,280
Subtotal $12,453 $ 1,709 $ 5,404 $ 3,558 $ 15,316
Indirect costs 2.871 ~ .-ill --.m 2.297
Total Costs $15,324 $ 1,812 $ 5,875 $ 4,190 $17,613
Carryover
SCC Admin. Fee
Property Tax
Net cost $ 15,324 $ 1,812 $ 5,875 $ 4,190 $ 17,613
C'over not recov. (656) ( 2,297)
C'over not reimb.
Net assess. $ 15,324 $ 1,812 $ 5,219 $ 4,190 15,316
No. of Parcels 250 9 41 55 200
Assmt./Pcl. $ 61.30 $201.34 $ 127.30 $ 76.18 $ 76.58
-10-
COST DETAIL
Zone Number 22 24 25 26 27
Administration $ 8,783 $ 1,272 $ 153 $ 957 $ 316
Operations
Wages $ 19,774 $ 15,334 $ 344 $ 2,154 $ 710
Contracts 650
Repairs 7,531 5,350 2,728 88
Maintenance 5,447 2,950 2,925 24,193 2,049
Water 735 4,473 2,328 12,637 980
Electric ~ 345 2.218 ---1J.
$ 26,606 $ 30,938 $ 11,292 $ 43,930 $ 3,900
Subtotal $ 35,389 $ 32,210 $ 11,445 $ 44,887 $ 4,216
Indirect costs 9.912 1.436 .--In 1.079 356
Total Costs $ 45,301 $ 33,646 $ 11,617 $ 45,966 $ 4,572
Carryover (730) (2,862)
SCC Admin. Fee 96
Property Tax (27.300)
Net cost $ 45,301 $ 5,712 $ 8,755 $ 45,966 $ 4,572
C'over not recov. (5,712) (1,896)
C'over not reimb.
Net assess. $ 45,301 -0- 6,859 45,966 $ 4,572
No. of Parcels
863
125
15
94
31
Assmt.IPcl.
$ 52.50
$
-0-
$ 457.26
$489.00
$ 147.48
-11-
COST DETAIL
Zone Number 28 29 31 32
Administration $ 163 $ 620 $ 529 $ 122
Operations
Wages $ 367 $ 1,398 $ 1,192 275
Contracts
Repairs 1,333 748
Maintenance 4,100 1,114 (1,040)
Water 1,000 350 1,308
Electric ---B 407
$ 6,861 $ 3,269 $ 2,208 $ 275
Subtotal $ 7,024 $ 3,889 $ 2,737 $ 397
Indirect costs -1M -1Q.l 597 ~
Total Costs $ 7,208 $ 4,590 $ 3,334 $ 535
Carryover 19,205
SCC Admin. Fee
Property Tax
Net cost $ 7,208 $ 4,590 $22,539 $ 535
C'over not recov. (17,893) (275)
C'over not reimb.
Net assess. $ 7,208 $ 4,590 $ 4,646 $ 260
No. of Parcels 16 61 52 12
Assmt.IPcl. $450.50 $ 75.24 $ 89.34 $ 21.66
-12-
I, Cathleen Boyer, the City Clerk of the City of Saratoga, hereby certifY that the foregoing assessments, in
the amounts set forth in the column headed "Assessments as Preliminarily Approved", with the diagram
thereto attached, was filed with me on , 2005.
Cathleen Boyer
I, John H. Heindel, the Engineer of Work for the City of Saratoga, hereby certifY that the foregoing
assessments, in the amounts set forth in the column headed "Assessments as Preliminarily Approved",
have been recomputed in accordance with the order of the City Council of said City of Saratoga as
expressed by Resolution No. 05-_, duly adopted by said City Council on ,
2005, said recomputed assessments being the amounts set forth in the column headed "Assessments as
Finally Confirmed"; provided, however, if the column headed "Assessments as Finally Confirmed" is
blank, the figures in the column headed "Assessments as Preliminarily Approved" were confirmed
without change.
Dated
,2005
John H. Heindel, RCE 13319
I, Cathleen Boyer, the City Clerk of the City of Saratoga, hereby certify that the foregoing assessments, in
the amounts set forth in the Column headed "Assessments as Finally Confirmed" (unless said column is
blank, in which event the amounts in the column headed "Assessments as Preliminarily Approved"
apply), with the diagram thereto attached, was approved and confirmed by the City Council of said City
of Saratoga on ,2005.
Cathleen Boyer
The Assessment and Assessment Diagram were filed in the office of the County Auditor of the County of
Santa Clara, California, on ,2005.
County Auditor
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
IE)
tJ ~ c:::-'/
MEETING DATE:
June 1, 2005
AGENDA ITEM:
PREPARED BY: John Cherbone
DEPT HEAD: John Cherbone
~~
SUBJECT: Kevin Moran Park Improvement Project - Schedule
RECOMMENDED ACTION(S):
I. Provide direction regarding the timeline for the Kevin Moran Park hnprovement
Project public input process.
2. Reconstitute the Kevin Moran Park Council Adhoc Committee.
REPORT SUMMARY:
Back!!round:
In 2001 Kevin Moran Park was added to the newly created five year CIP as an unfunded project.
In 2003 the City was notified by the State of California that funds in the amount $302,454 would
be available to the City for park projects via the 2002 Park Bond Act. These funds along with
$97,546 in general funds were appropriated by City Council during the F.Y. 03/04 CIP Update,
which provided the Kevin Moran Park hnprovement Project a total budget of $400,000.
On July 21, 2004, the City awarded a consulting contract to MP A Design for professional design
services for the park project. Subsequently, a Task Force was appointed by City Council to hold
public input meetings with the community. The first Community Meeting was held on July 28,
2004 and was very well attended by the Kevin Moran Park neighborhood residents. It was very
clear from the input received from the community that inclusion of flat grass for soccer, a
restroom, and parking lot were not the neighborhood's vision of how the park should be
developed.
On August 4,2004, the City Council directed staff to suspend the project so that additional
research and options for flat grass at other locations in the City could be explored. Subsequently
a letter indicating Council's direction was mailed to the Kevin Moran Park neighborhood
residents on August 6th (see attached letter).
Discussion:
At the May 18th City Council Meeting, residents of the Kevin Moran Park neighborhood asked
City Council to delay the re-start of the Kevin Moran Park Project public input process until
October 5, 2005. Because the request came under oral communications the City Council was not
able to discuss the request in any detail. City Council directed staff to agendize the issue at the
next City Council Meeting on June 1st for public discussion.
At this time staff is prepared to move forward with the preparation of a report outlining a public
input process and timeline for the Kevin Moran Park Project. Staff requests direction from City
Council regarding the schedule for submission of a report, which will include the following:
I) The full history regarding the development of Kevin Moran Park.
2) Reconstitution of the Kevin Moran Park Task Force to include more neighborhood
participants.
3) Park use designation (i.e. community vs. neighborhood park issue).
4) Other flat grass opportunities in the City including West Valley College and other school
campuses.
In Addition, it has come to staff s attention that Council Member Streit has opted to remove
himself from the Kevin Moran Park Council Adhoc Committee. It is now necessary to appoint a
new adhoc member from City Council to serve with Councilmember Kline.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTlON(S):
A report will be submitted to City Council at future date.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice will be mailed to the Kevin Moran Park neighborhood residents notifying them of the
City Council Meeting.
ATTACHMENTS:
I. Letter to residents dated August 6, 2004.
('fQ llr'lf] !J~7 @J0
\:::::? L ~ 2J, 0 ~
~~~@@~
Li/77 FRUITVALE AVENUE' SARATOGA, CALIFORNIA 95070 . (408) 868-120(!
L'lcorporated Ocr.ober 22, 1956
COUNCIL MEMBEHS:
Sian Bogosian
Kathleen KinQ
!\iorrnan I(fin&
Nicl, Streit
AII/7 vVailonsmith
August 6, 2004
Dear Kevin Moran Park Neighbors:
At the rneeting which was held on Wednesday, July 28,2004, many issues were
raised by the community members who attended. Those issues were shared with the
City Council at their August 4th meeting and Council directed staff to research and
report back on information and options related to the following:
1) The full history regarding the development of Kevin Moran Park
2) Reconstitution of the Kevin Moran Park Task Force to include more
neighborhood participants
3) Park use designation (i.e., community vs. neighborhood park issue)
4) Other flat grass opportunities in the City including West Valley College and
school carnpuses
At this time, the Kevin Moran Project has been suspended until this information has
been gathered. Please disregard the project schedule, which was distributed at the
community meeting. We will advise you of any future meetings regarding this issue
via mail or email.
If you have any questions please contact me at 1168-124Jor icherbone(iV'saratQf,iLca.us
<r4~
John Cherbone, Director
Public Works Department
SARATOGA CITY COUNCIL
MEETING DATE:
June 1, 2005
AGENDA ITEM:
CD
VJ~
ORIGINATING DEPT: Public Works
CITY MANAGER:
DEPT HEAD: John Cberbone
~e.~
PREPARED BY: John Cherbone
SUBJECT: Presentation by Jack Mallory Chairman of the Citizen's Committee to Save
the Nortb Campus
RECOMMENDED ACTION(S):
Accept report and provide direction regarding the timeline for the sale of City owned property
located at 19848 Prospect Road.
REPORT SUMMARY:
At the May 18, 2005, City Council Meeting, Jack Mallory Chairman of the Citizen's Committee
to Save the North Campus requested that the City delay the sale of City owned property located
at 19848 Prospect Road for one year (see attached request dated May 18th). Because the request
came under oral communications the City Council was not able to discuss the request in any
detail. City Council directed staff to agendize the issue for the next City Council Meeting on
June 15t for Council discussion.
Mr. Mallory will present an update on the Committee's activities to date. In addition, he will ask
the City Council to delay the sale of the North Campus for one year to allow the Committee to
explore options for saving the property for community use.
Attached to this report is a timeline for the development of a Tentative Map for the property,
which was approved by City Council at their March 16th meeting. Currently the process is in the
later stages of the Environmental Initial Study Phase. City Engineering has prepared a Tentative
Map along with a full submittal package to the Community Development Department including
geotechnical, traffic, arborist, and other reports and documents required by City Code for
development of the property into single-family home sites. A community meeting has been
scheduled for Thursday, June 2, at 6:30 P.M. at the North Campus. The community meeting is an
invitation to surrounding properties to view the proposed Tentative Map and to collect public
input regarding the proposed development of the property.
FISCAL IMPACTS:
Ifthe sale of the North Campus is delayed beyond the attached timeline a budget amendment will
be necessary to maintain the property for a period longer than was included in the F.Y. 2005-06
budget. The amount to maintain the property is approximately $21,000 per year with $12,000 of
this amount used for contract grounds maintenance. The adopted F.Y. 2005-06 budget does not
include funds for maintenance of the property. Minimal maintenance win he performed in-house
until the sale is finalized. If the sale is delayed an appropriation of up to $21,000 will be required.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
Depends on City Council direction whether the process is delayed or continues per the Tentative
Map timeline.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
I. Letter from Jack Mallory.
2. Tentative Map Timeline.
Saratoga City Council, May 18, 2005
City Council,
I am coming before you as the chairman of the Citizen's Committee to
Save the North Campus.
Our committee has found that an overwhelming majority of the
informed Saratoga Citizen's do not want the City Council to sell the North
Campus. This includes a broad section of citizens including those in
community organizations like the Rotary, AAUW, Sister City, Lion's Club,
Foothill Club, and the Saratoga Historical Foundation. The seniors have
also cornpleted a survey showing a high percentage want to move to the
North Campus when it is renovated.
Further evidence of community interest is found in the many letters
printed in the Saratoga News. All felt this community asset should be
retained.
Further, that although we just started our fundraising, we have
received pledges from our committee and residents and we are optimistic we
will gather much larger support from the whole community in the coming
months.
Some residents have even said they would like the city to consider
bonds to purchase the site or other means to save this land like the Hakone
Foundation agreement or leasing.
Based on the intense interest in keeping this city land for community
facilities and the city's financial condition, we ask you to delay costly
preparations to sell this property for one year to give the residents and your
selves a real opportunity to save this city land. With your help we can all
benefit by this delay.
Jack Mallory
A statement that guides us
A community is more than houses. A community is defined by all the
individuals who live, work, and play together to create the fabric of that
community. The opportunity to do these things, live, play, and work, is
essential to the existence and vitality of the community.
The right mix of community facilities is an important part of making
this happen, especially in our city that has changing ethnic and religious
groups that would benefit from coming together.
Recognizing these changes and then supporting new and
strengthening old community facilities will result in a stronger Saratoga.
Timeline for North Campus Planning/Subdivision/Sale Process
Event Timin2 Lead Denartment
Prepare Subdivision Application April Public Works
Materials including geotechnical
report
Review/Update "Phase I" study of April City Attorney
potential contamination
Review/Update all required real April - August City Attorney
estate disclosures
Prepare Proposed General Plan April Community Development
Amendment
Prepare Draft Initial Study May City Attorney
including technical reports on
traffic and any matters identified in
geotechnical or other reports
prepared as part ofthe application.
Prepare Proposed Conditions of May City Attorney
Approval including Mitigation
Identified in draft Initial Studv
Circulate final Initial Study and June Community Development
Proposed Negative Declaration for
Public Review
Prepare Appraisal June Citv Attornev
Planning Commission Considers: July Community Development
- Negative Declaration
- General Plan Amendment
- Tentative Subdivision Map
- Declaration of Surplus
Property
City Council Considers: August City Clerk
- Negative Declaration
- General Plan Amendment
- Declaration of Surplus
Propertv
Notice of Availability to Public September Public Works
Agencies and Review Responses
Public Notice of Offer to Sell September Public Works
Propertv
Consider Offers November City Council
Negotiate Final Sale November Citv Attornev
SARATOGA CITY COUNCIL
PREPARED BY: Joan Pisani
DEPT HEAD:
MEETING DATE:
June 1, 2005
AGENDA ITEM:
ORIGINATING DEPT: Recreation
SUBJECT: City's 50th Anniversary
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly.
REPORT SUMMARY:
The City of Saratoga was incorporated on October 22, 1956, and will be celebrating its 50th
anniversary in 2006. If the City Council intends to commemorate this occasion, however big or
small, planning needs to begin soon. For the City's 25th anniversary, several community events
were scheduled over a five-week period in September and October. This time of year was
selected because in 1956 the election was held September 25th and the official incorporation day
was October 22nd. For the 25th anniversary celebration in 1981, a Chairperson was appointed and
then committee members were selected. Attached you will find a copy of Saratoga's 25tb
Anniversary ofIncorporation Celebration calendar of events.
Ideally, the 50th anniversary celebration should be structured so it is an all-volunteer effort with
minimal City staff involvement. My recommendation would be to select a Chairperson and then
recruit people to be on a steering committee. Once the committee is formed they could develop a
celebration plan with a list of proposed programs and special events. After a tentative schedule is
established, community service groups and organizations could be recruited to take responsibility
for individual events. If a group agrees to sponsor an event, maybe they would also fund it.
Once a celebration plan is established, a budget should be developed. Each special event or
program should have their own subcommittee, with a liaison attending the 50tb Anniversary
steering committee meetings. Also, if money is needed for a specific event, a budget should be
submitted to the steering committee. At this time there is no money budgeted for a celebration,
but once a budget is finalized, members of the steering committee could solicit grants and
donations.
During this past year I have talked to several people who have expressed an interest in helping
with the 50th Anniversary commemoration. I would be willing to help get this celebration off the
ground and a committee in place, and I could provide support to the committee throughout the
year. The time I spend on this would have to be minimal, because this eyent would not be
generating any revenue to help the Recreation Department become full cost recovery. Listed
below are several program ideas:
. 50th Amriversary Commemoration Ceremony: maybe this could be duriog a Civic Center
open house and include all former mayors and citizens of the year
. Community Parade
. Historical Foundation events: special displays at the museum, walking tours of downtown
Saratoga; presentations and slides on how Saratoga looked 50 years ago and the changes
. Blossom Festival or other events that bring the community together
. A program that encourages long-time citizens to share stories about Saratoga and,
somehow, preserve the information for future generations
. School programs: encourage all local schools to be involved in commemorative activities
I am sure there are many other great ideas of events that could be held duriog the 50th anniversary
year. If the City Council does decide upon commemorative activities duriog 2006, planning and
scheduling should begin now.
FISCAL IMPACTS:
No fiscal impact at this time.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not applicable.
ALTERNATIVE ACTION(S):
Not applicable.
FOLLOW UP ACTION(S):
StaffwilI follow up on direction given by the City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
1. Saratoga's 25th Amriversary ofIncorporation Celebration Calendar.
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.s^,~AI;ClGI\,CAIJfORNJ""
KICK-OFF WEEK.
SEPTEMBER 18, Friday.
SEPTEMBER 19, Saturday
SEPTEMBER 20. Sunday . . . .
SEPTEMBER 23, Wednesday . .
SPORTS & TOURNAMENTS WEEK
SEPTEMBER 25, Friday .
SEPTEMBER 26, Saturday
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SEPTEMBER 27, Sunday.
THE ARTS & GARDENS WEEK
OCTOBER 2 & 3, Friday
and Satur~ay . . .
OCTOBER 3, Saturday
OCTOBER 3 & 4. Saturday
and Sunday . . .
OCTOBER 4, Sunday
OCTOBER 5. Monday.
COMMUNITY SERVICES WEEK
OCTOBER 9, Friday
OCTOBER ]Q & 11, Saturday
and Sunday . . . .
OCTOBER 10, Saturday
OCTOBER II, Sunday.
HERITAGE WEEK
OCTOBER 16-18, Friday
through Sunday .
OCTOBER 16, Friday
OCTOBER 17, Saturday
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OCTOBER 18, Sunday .
INCORPORATION DAY
OCTOBER 22. Thursday
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~'S"(R A TV GA' S 2 ~ T H ANN 1 VE R S A R Y
o FIN C OiR P 0 RAT ION
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CELEBRATION CALENDAR
SEPTEMBER 18 OCTOBER 22
Chamber of Commerce Barbecue & Dance, Saratoga Springs. 6:30 p.m.,
tickets at Chamber of Commerce offlce.
lions Club Dinner, Redwood School. 6:00-9:00 ~.m.
Saratoga Historical Musel.lll. opening exhibit. "106 plus 2511. museum
hours: Wed.-Sun., 1:00-4:00 p.m.
"History of Montalvo". opening of exhibit in the new Montalvo pavil-
lion, every Sat. & Sun., 1:00-4:00 p.m., through October.
Senior CoordinatinQ Council Brunch. Saraotqa Community Center, 9:00
a.m.-noon. tickets at door.
Footrace 10 km., starts at Big Ba~in Wy.. 9:00 a.m.. entry blanks at
Chamber of Commerce, pre-registration $2.00.
Anniversary Parade, sponsored by Chamber of Commerce. begins at 2:00
p.m., Fruitvale & Saratoga Ave., continuing along Big Basin Wy.
los Gatos-Saratoga league of Women Voters, IIKnow Your Town", Auld
World Inn, 10:00 a.m., speakers: Wayne Dernetz, Saratoga City Manager
and lee Bowman, Los Gatos Planning Director.
Incorporation Election Day, 1956.
Firemen's Muster & Parade, of old fire equipment, Saratoga Ave. by
Fire Station. 10:00 a.m.-3:00 p.m.
Firemen's Dance, Saratoga Community Center. 9:00 p.m.-l:OO a.m.
Firemen's Muster, Wildwood Park, 10:00 a.m.-3:00 p.m.
Herbal Harvest Fair, Saso Gardens. 10:00 a.m.-5:00 p.m.
Open House at Nelson Gardens, demonstration orchard, bottom of Sara-
toga Hills Rd., 10:00 a.m.-5:00 p.m.
Fanner's Market Saratoga Community Garden, 9:00 a.m.-noon.
Harvest Dinner Saratoga Communi tv Garden,'4:30 p.m. until dark, his-
torlca1 sk'ts by VITA. $5.00 per family and bring hot dish.
Civic Center Open House. reception 4:00-7:30 p.m., City Hall and new
Post Off'ce.
Friends of library Book Sale. Saratoga library, 10:00 a.m.-4:00 p.m.
Street Darice, Saratoga Comnunity Center, 8:00-11 :00 p.m., tickets. at
Comnunlty Center.
Open House Paul Masson. Saratoga Ave. Winery, 4:30-6:30 p.m.
Reliqious He~itaQe Weekend, all churches & synagogues, services dedi.
cated to the,r own growth in past 25 years.
Opening NiQht of "li'l Abner" , Saratoga Drama Group, 8:30 p.rn.. reser..
vat,onsphone 246-3110.
Open House Saratoga Historical Museum, dedication of new outdoor e~-
hibit area. 2:30 p.m.
Ecumenical Youth Talent Night, Immanuel Lutheran Church, 7:00-9:00 p.m
Recognition Dinner. S~int Andrew1s Church. 6:15 p.m. reception
p.m. dlnner, reservatlons phone 257-9914 or 867-3438, ex. 45. '
7 :OC."
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SARATOGA CITY COUNCIL
MEETING DATE:
June 1, 2005
AGENDA ITEM:
~
ORIGINATING DEPT: City Manager's Office CITY MANAGER: rO -./ ~
PREPARED BY: Lorie Tinfow, Asst. City Mer. DEPT HEAD:~J..~ ~+0
Lorie Tinfow
SUBJECT: Use of Remaining 2004-05 Council Contingency Funds for Staff Bonuses
RECOMMENDED ACTlON(S):
Consider using a portion of the remaining $69,000 in Council Contingency funds to fund staff
bonuses of $1 000 each.
REPORT SUMMARY:
At the Council meeting on May 18, 2005, Councilmember Nick Streit proposed using a portion of
the remaining Council Contingency to provide $1,000 bonuses to employees in appreciation of
staffs quality performance and contribution toward bridging budget shortfalls. In 2003-04, staff
received only a 1.4% salary increase and in 2004-05, a 2% salary increase; all other forms of
employee compensation were frozen. For 2005-06, compensation varies between employee groups
but in all cases continues to be substantially less than offered by other cities and less than offered in
Saratoga prior to 2003.
Should Council decide to move forward with this proposal, staff offers the following suggestion for
implementation:
. Award $1,000 to each FTE as ofJune I, 2005, to reward their quality performance over the
past year
. For employees who have been with the City for less than one year or who are part-time
permanent employees, prorate the amount according to percent of time employed (i.e., full
time staff member employed 6 months gets 50% or .75 FTE employed entire year gets $750)
. Only current employees in positions shown on the organization chart as of June I, 2005
would be eligible for the bonus
. On June 1,2005, there will be 52 employees in eligible positions bringing the maximum total
cost to $52,000.
FISCAL IMPACTS:
The Council Contingency balance for 2004-05 would be reduced to approximately $17,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/a
ALTERNATIVE ACTION(S):
Council could choose to allocate funds differently-a different bonus amount, distributed differently
or effective as of a different date, i.e., July 1,2005.
FOLLOW UP ACTION(S):
Execute Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
. Organizational Chart for FY2004-05
. Resolution
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City of Saratoga, California
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Ci~ of Saratoga
FY 2004 . 2005 Organization Chart
City Council 1
City Attorney I
City Manager l
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Ci~CleiK . f rl Secretary to the City Managerl
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I Assistant City Manager -I r Recreation Director I I Communi~ Dev Director .\
Public Works Director I Administrative Svcs Directorl
Administrative Analyst
Human Resources Analyst
(.75FTE)
Office Specialist'
Regular 54.75
Contract . 1.00
Limited 1 .00
*Hirino Freeze 2.00
Total FTEs 58.75
Facili~ Main!. Supervisor
Building Official Associate/Assistant Engineer MIS Assistant
(2.0 FTE)
Plan Check Exam'Engr Admnisstralive Ana~st Accounting Supervisor
Building Inspector Street Maint Supervisor I Office Speciaiist
(3.0 FTE) (3.90 FTE)
Community Svcs Officer' Street Main!. WoiKer
(5.0 FTE)
-4 Public Safe~ Officer PaiK MainL supeNisor
Office Specialist
Park MainL Leadworker
Associate Planner
(4.0 HE) Park Main!. Specialist
Office Specialist
PaiK Mainl Worker
(6.0 FTE)
Office Specialist
(1.75FTE)
Facili~ Main!. Worker
(3.0 FTE)
SR. Recreation SupeNisor
Recreation SupeNisor
Recreation Program
Coordinator
Facility Coordinator
(.60 FTE)
Office Specialist
(1.75FTE)
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RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO AWARD STAFF BONUSES FOR 2004-05
WHEREAS, the City Council has made difficult decisions regarding budget reductions m
FY2003-04, FY2004-05 and FY2005-06 that affected staff compensation;
WHEREAS, the City Council appreciates staffs agreement to accept salary increases of 1.4% in
FY2003-04, 2% in FY2004-05 and varying reduced amounts in FY2005-06, and to freeze all other possible
salary increases;
WHEREAS, the frozen salary increases reduced expenditures by $250,000 to $300,000 each year;
WHEREAS, the City Council wishes to use their remaining Council contingency funds for 2004-
05 to provide bonuses to City staff for their high quality performance over the past year;
AND BE IT FURTHER RESOLVED, to adjust the City of Saratoga's Fiscal Year 2004-2005 budget for
the appropriation of up to $52,000 for this purpose according to the following entries:
Increase
Decrease
001-1005-511.40-51 City Council
001-1010-511.50-02 Council Contingency
$52,000
$52,000
The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of
Saratoga held on the 1st day of June, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN M. KING, MAYOR
ATTEST:
Cathleen Boyer, City Clerk