HomeMy WebLinkAbout07-19-2006 City Council Agenda Packet
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
JULY 19, 2006
OPEN SESSION - 5:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUlTV ALE AVENUE
JOINT MEETING WITH THE 50TH ANNIVERSARY COMMITTEE
CLOSED SESSION- 6:30 P.M, - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUlTV ALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code 54957)
Title: City Attorney
REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
July 13, 2006.)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Al!endized 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 50th Anniversary Committee.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
lA. Commendation Honoring Bill McDollllal
Recommended action:
Present commendation.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2A. City Council Minutes - June 7, 2006
Recommended action:
Approve minutes.
2B. City Council Minutes - July 6, 2006
Recommended action:
Approve minutes
2C. Check Register
Recommended action:
Accept register.
2D. Treasurer's Report for the Month Ended May 2006
Recommended action:
Accept report.
2E. Allocation of One-time Funds
Recommended action:
Adopt resolution allocating funds.
2
2F. Annual Property Tax Levy for Debt Service Payments on the Library General
Obligation Bonds
Recommended action:
Adopt resolution setting the tax rate for the debt service requirements for the
Library General Obligation Bonds at $.00955 per $100 of Assesses Valuation.
2G. Theater Sound System - Notice of Completion
Recommended action:
Accept Notice of Completion and authorize staff to record the Notice for the
construction contract.
2H. Certification of June 7, 2006 Primary Election Results and Canvass of Returns
from the County Registrar of Voters for Measure J
Recommended action:
Adopt resolution certifying election.
21. Memorandum of Understanding with Saratoga Employee Association (SEA)
Recommended action:
Adopt resolution approving the MOU between the City and SEA.
2J. Designation of Voting Delegate for League of California Cities Annual
Conference
Recommended action:
Designate a voting delegate.
PUBLIC HEARINGS
3. Adoption of an Ordinance Amending Section 9-15.065 of the Saratoga City Code
Relating to Vehicles Used as Living or Sleeping Quarters
Recommended action:
Conduct public hearing, read title of proposed ordinance relating to vehicles used
as living or sleeping quarters, waive reading of full ordinance, direct staff to place
ordinance on consent calendar for second reading.
4. An Ordinance of the City of Saratoga Amending Section 15-12.160 of the
Saratoga City Code Relating to Storage of Personal Property (Including Boats and
Recreational Vehicles), and Section 15-95.030(B) Relating to the Enforcement of
Such Storage Regulations, and Adding Section 15-06.535 Providing a Definition
of "Recreational Vehicle."
Recommended action:
Conduct public hearing; read title of proposed ordinance amending existing
regulations regarding the storage of personal property (including boats and
recreational vehicles) and enforcement of such storage regulations, and adding
definition of ''Recreational Vehicle"; waive reading of full ordinance; and direct
staff to place ordinance on consent calendar for second reading.
3
5. Adoption of (1) an Ordinance Amending City Code Sections 14-25.110, 15-80.090
and Article 16-60 Concerning the Emergency Warning Alarm System and
Adopting by Reference the Saratoga Fire Protection District Standards and
Requirements for the Early Warning Alarm System and (2) Resolution for Hearing
on Adoption of Saratoga Fire District Early Warning Alarm System Standards
Recommended action:
Conduct public hearing on updated Early Warning Alarm System (EW AS)
Ordinance; Introduce ordinance and waive first reading; adopt resolution setting an
additional public hearing for August 2, 2006 and adopting fire hazard area map.
OLD BUSINESS
6. Review of Administrative Design Review Process
Recommended action:
Accept report and direct staff accordingly.
7. North Campus Facility - Anticipated Uses and Needed Improvements
Recommended action:
Accept report and direct staff accordingly.
8. Capital Improvement Plan (CIP) Fiscal Year 06-07 Update
Recommended action:
Accept report and direct staff accordingly.
Adopt budget resolution for the McWilliams House Construction Contingency.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Norman Kline
Association of Bay Area Government
Chamber of Commerce
Library Joint Powers Association
Hakone Foundation
Santa Clara County Emergency Preparedness Council
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
TEA AdHoc
Vice Mavor Aileen Kao
County Cities Association Legislative Task Force
Santa Clara County Cities Association
County HCD Policy Committee
SASCC
SASCC AdHoc
4
Councilmember Nick Streit
Recycling & Waste Reduction Commission ofSCC
Santa Clara County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
Councilmember Ann Waltonsmith
KSAR Community Access TV Board
Northern Central Flood Control Zone Advisory Board
Saratoga Historic Foundation
Sister City Liaison
Councilmember Kathleen Kim!
Peninsula Division, League of California Cities
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting wiI/ 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:
L Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeti of the City Council of the City of Saratoga was posted on July 13, 2006,
Ci 0 S 1: t ga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public
rev ew t at location. The agenda is also available on the City's website at
.ca.us
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CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2006
Regular Meeting
Summer Recess - No Meeting
Regular Meeting - Joint Meeting with Planning Commission
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting - Joint Meeting with Planning Commission - Council
Reorganization
Regular Meeting - Joint meeting with Heritage Preservation Commission
Regular Meeting
Regular Meeting
6
_._._._~_.._-._,_..._----._--~.- ---,' -_.._-,--", .,.._--_._-,.,.._--~..._-_..._--~
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
It\
k2J?7
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
Cathleen Bover. City Clerk
Dave Anderson. City Mana~er
SUBJECT: Commendation Honoring Bill McDonnal
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
Attached is a commendation honoring Bill McDonnal for his dedication and hard work over the
last decade to improve and enhance the Saratoga Library.
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
NIA
ALTERNATIVE ACTION:
NIA
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of commendation.
COMMENDATION
OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
BILL MCDONNAL
WHEREAS, Bill McDonnal served as Co-Chair of the overwhelmingly
successful Measure N campaign to expand and renovate the Saratoga Library; and
WHEREAS, Bill represented the Friends of the Saratoga Libraries on the
Library Expansion Committee serving as Vice-Chair; and
WHEREAS, Bill served on the Construction Committee of the Library
Expansion Committee; and
WHEREAS, Bill chaired "Furnishing the Future", a tremendously successful
name recognition effort, raising money to furnish the new Saratoga Library; and
WHEREAS, Bill served as Co-Chair ofthe Measure A & B campaign to
continue funding to the Santa Clara County Library; and
WHEREAS, Bill has served on the Friends of the Saratoga Libraries board for
over a decade as Director of Finance, President and Director of Membership; and
WHEREAS, Bill has led the Finance Committee through a lengthy process of
evaluating the condition of the Book-Go-Round building and preparations of a new
lease for that building with the City of Saratoga; and
WHEREAS, Saratoga City Council is proud of the citizens who contribute
time and talent to our community.
NOW, THEREFORE, BE IT RESOL YED, that Bill McDonnal is hereby
commended and thanked for is hard work and dedication to improve and enhance the
Saratoga Library.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
19th day of July 2006.
Norman Kline, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
"2~
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
Dave Anderson, City Manager
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting - June 7, 2006
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
NIA
ALTERNATIVE ACTION:
NIA
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Minutes June 7, 2006
MINUTES
SARATOGA CITY COUNCIL
JUNE 7, 2006
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 5:15 p.m.
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: City Manager Dave Anderson
Employee organization: SMO
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: Barbra Powell, Assistant City Manager,
Michelle Braucht, Administrative Services Director, Monica LaBossiere, and
Human Resource Manager.
Employee organization: SEA
OPEN SESSION - PUBIC HEARING 6:00 P.M.
All members of the City Council and Planning Commission were present.
lA APPLICATION 06-235 - ZONING TEXT AMENDMENT PERTAINING
TO THE STATEWIDE DENSITY BONUS LAW (APPLICATION TO ALL
ZONING DESIGNATIONS WHERE MULTI-FAMILY RESIDENTIAL
USES ARE EITHER PERMITTED OR CONDITIONAL USES)
STAFF RECOMMENDATION:
1. Conduct the joint Public Hearing with the Planning Commission
2. Consider the recommendation of the Planning Commission
3. Waive the first reading and direct staff to schedule this item for a Second
Reading for adoption on the consent calendar at the next regularly
scheduled City Council meeting.
John Livingstone, Community Development Director, presented staff report.
Mayor Kline opened the public hearing and invited comments.
Seeing none, Mayor Kline closed the public hearing.
HLA V AlKUNDTZ MOVED TO APPROVE APPLICATION 06-235-
ZONING TEXT AMENDMENT PERTAINING TO THE STATEWIDE
DENSITY BONUS LAW (APPLICATION TO ALL ZONING
DESIGNATIONS WHERE MULTI-FAMILY RESIDENTIAL USES ARE
EITHER PERMITTED OR CONDITIONAL USES) AND REFER THE
ITEM TO CITY COUNCIL FOR PUBLIC HEARING. MOTION PASSED
7-0.
W ALTONSMITH/STREIT MOVED TO WAIVE THE FIRST READING
AND DIRECT STAFF TO SCHEDULE THIS ITEM FOR A SECOND
READING FOR ADOPTION ON THE CONSENT CALENDAR AT THE
NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING.
MOTION PASSED 5-0.
lB. ADOPTION OF UPDATE NOISE ORDINANCE
STAFF RECOMMENDATION:
Conduct public hearing and continue the item to a date uncertain with the
Planning Commission.
Consensus of the City Council to continue this item to a date uncertain.
Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT:
ABSENT:
ALSO
PRESENT:
Councihnembers Kathleen King, Nick Streit, Ann Waltonsrnith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Joan Pisani, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 7, 2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of June 7, 2006, was properly posted on June 1,2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
F.L. Stutzman pointed out that if a proper poll was conducted by the City to find out how
the residence felt about the North Campus, it could have saved the tax payers $90,000 in
election costs. Mr. Stutzman noted the "Yes on J" group never filed with the FPPC and
are now under investigation. Mr. Stuzman requested the City Council allocate funds to
renovate the North Campus and make the property available for organizations to use.
Ted Clabeaux stated that the results of the June 7th election indicate that the citizens of
Saratoga do not want the limited amount ofland owned by the City sold off to fund
special interest projects. Mr. Clabeaux stated that the citizens want the City to provide
more support for the elderly and youths of our city. Mr. Clabeaux suggested that the
Council reinstate the Parks and Recreation Commission in order to spearhead the
proposed use of the North Campus. Mr. Clabeaux suggested that the Finance
Commission be reinstated to insure that the funds being brought into Saratoga for the
State and County are properly used to benefit all citizens of Saratoga.
Kathleen Casey thanked the City Clerk for collecting all the emails in regards to the
North Campus. Ms. Casey also thanked Mr. Mallory for efforts in regards to the North
Campus campaign.
2
Paula Whetstone referred to the development located at 14778 Vickery Avenue. Mrs.
Whetstone noted that the City has let her and her neighbors down allowing the
development at 14778 Vickery Avenue.
Don Whetstone referred to the developed located at 14778 Vickery Avenue. Mr.
Whetstone noted that by approving this development City staff failed to comply with the
City's Zoning Ordinance. As stated in the code, Mr. Whetstone pointed out that privacy,
views, and other interests of neighbors must be protected; he feels city staff completely
ignored the zoning code. Mr. Whetstone also pointed out the City staff never visited the
property. Mr. Whetstone requested that this item be agendized and that the City take
corrective action.
Naresh Makhijani stated that he feels the Council should make speakers state what city
they're from.
Jack Mallory stated that since Measure J failed it's time to make reasonable renovations,
promote the rental program and develop long term uses for the North Campus.
Elaine Clabeaux suggested that the sports user groups negotiate their own contracts for
space. Mrs. Clabeaux noted that City staff and Counciimembers should not have the task
to procure space for sports user groups.
Jim Sorden noted that he agrees with Mr. Whetstone's comments. Mr. Sorden noted that
in his opinion the City has no checks and balances system. Mr. Sorden suggested that
when new construction gets close to its limits in terms of height and squared footage a
public hearing should be held. In regards to the North Campus, Mr. Sorden suggested
that the Public Works Department move there.
Jeff Schwartz addressed the issues surrounding Measure J. Mr. Schwartz requested that
the three Counciimembers that supported Measure J tell the public who funded the "Yes
on Measure r' campaign.
Martin Goldberg addressed the issue of accessible field space for sports user groups
throughout the City of Saratoga. Mr. Goldberg stated that the Council has created a
situation where:
. Local residents or sports youth of Saratoga are not necessarily the primary users
of their own parks
. The City is foregoing revenue opportunities by not collecting fees in accordance
with current ordinances
. The City has exposed itself to liability potential due to lax oversight of Use
Agreements
. Members of the Council are forsaking the bigger picture and acting in a conflicted
manner to convert valuable park lands for sports use without due consideration of
other viable alternatives
Mr. Goldberg pointed out that citizens need to exercise their right to enact legislation to
control the acquisition, development and use of City owned land to benefit all citizens of
Saratoga.
COUNCIL DIRECTION TO STAFF
3
Councihnember Waltonsmith requested that the North Campus be agendized to discuss
long term uses and funds for renovations. Counciimember Waltonsmith also requested
that Mr. Whetstone's issue be agendized.
Counciimember King noted that she supported both Councilmember W a1tonsmith' s
requests.
Referring to Mrs. Clabeaux's comments, Counciimember Waltonsmith stated that the
City can't negotiate for outside purposes.
City Attorney Taylor added that the City has authority to negotiate contracts for
municipal purposes
Referring to Mr. Schwartz request, Counciimember King stated that the name of the
consultant will be provided to him.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Linda Rodgers, Chair of the Saratoga Planning Commission, reported that prior to the
regular meeting the Planning Commission and the City Council held a joint meeting.
Chair Rodgers announced that the Planning Commission unanimously voted to
recommend a zoning text amendment pertaining to the statewide density bonus law to the
City Council. Chair Rodgers noted that the City Council unanimously voted to waive the
first reading and direct staff to schedule this item for a second reading for adoption on the
consent calendar at the next regularly scheduled City Council meeting. Chair Rodgers
stated that the item concerning the Noise Ordinance was continued.
ANNOUNCEMENTS
Counciimember Waltonsmith announced that there was a new exhibit at the Saratoga
Museum celebrating 50 years of Saratoga Rotary.
CEREMONIAL ITEMS
2A. COMMENDATIONS FOR OUTGOING YOUTH COMMISSIONERS
STAFF RECOMMENDATION:
Present commendations.
Mayor Kline read the commendations and presented them to the outgoing Youth
Commissioners.
2B. APPOINTMENT OF YOUTH COMMISSION MEMBERS AND OATH OF
OFFICE
STAFF RECOMMENDATION:
Adopt resolution and administer Oath of Office.
RESOLUTION: 06-048
STREIT/W ALTONSMITH MOVED TO ADOPT RESOLUTION
APPOINTING MEMBERS TO THE YOUTH COMMISSION. MOTION
4
PASSED 5-0.
City Clerk Boyer administered the Oath of Office to the new Youth
Commissioners.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
3A. CHECK REGISTER
STAFF RECOMMENDATION:
Accept register.
W ALTONSMITH/STREIT MOVED TO ACCEPT CHECK REGISTER.
MOTION PASSED 5-0.
3B. MOTOR VEHICLE (MY) RESOLUTION PROHmITING PARKING ON
BUCKNALL
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: MV-252
W ALTONSMITH/STREIT MOVED TO ADOPT MOTOR VEHICLE (MY)
RESOLUTION PROHmITING PARKING ON BUCKNALL. MOTION
PASSED 5-0.
3C. AUTHORIZATION TO PURCHASE ONE (1) CHEVROLET 3500
UTILITY TRUCK AND ONE (1) RIDING TURF SWEEPER
STAFF RECOMMENDATION:
Authorize purchase.
W ALTONSMITH/STREIT MOVED TO APPROVE THE AUTHORIZATION
TO PURCHASE ONE (1) CHEVROLET 3500 UTILITY TRUCK AND ONE
(1) RIDING TURF SWEEPER. MOTION PASSED 5-0.
3D. REQUEST FOR ADDITIONAL FUNDING FOR MAINTENANCE
CONTRACT (STRIPING CONTRACT) FOR FY 05/06 AND APPROVAL
OF EXISTING CONTRACT THROUGH FY 06/07
STAFF RECOMMENDATION:
Approve additional finding and approve extending existing contract.
W ALTONSMITH/STREIT MOVED TO APPROVE THE REOUEST FOR
ADDITIONAL FUNDING FOR MAINTENANCE CONTRACT (STRIPING
CONTRACn FOR FY 05/06 AND APPROVAL OF EXISTING
CONTRACT THROUGH FY 06/07. MOTION PASSED 5-0.
5
3E. INITIATION OF ANNEXATION OF AN APPROXIMATELY 86,153
(GROSS) SQUARE FOOT PARCEL (APN 510-26-001) LOCATED AT
19930 SUNSET DRIVE
STAFF RECOMMENDATION:
Adopt resolution initiating annexation.
RESOLUTION: 06-046
W ALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
APPROVING THE INITIATION OF ANNEXATION OF AN
APPROXIMATELY 86,153 (GROSS) SOUARE FOOT PARCEL (APN 510-
26-001) LOCATED AT 19930 SUNSET DRIVE. MOTION PASSED 5 -0.
3F. RESOLUTION CALLING THE GENERAL MUNICIPAL ELECTION-
NOVEMBER 7, 2006
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-047
Vice Mayor Kao requested that this item be removed from the Consent Calendar.
Vice Mayor Kao asked the City Clerk to announce the filling dates to the public
for any interested resident who would like to run for Council
City Clerk Boyer stated that the nomination period was from July 17th through
August 11 th and is extend to August 16th if an incumbent doesn't file.
KAO/K1NG MOVED TO ADOPT RESOLUTION CALLING THE
GENERAL MUNICIPAL ELECTION - NOVEMBER 7, 2006. MOTION
PASSED 5-0.
3G. ADDITION AND ALTERATIONS TO THE JAMES MCWILLIAMS
HOUSE - AWARD OF CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
1. Move to declare Romano Construction, Inc. to be the lowest responsible
bidder on the Addition and Alterations to the James McWilliams House
project.
2. A ward a construction contract for addition and alterations to the James
McWilliams House to Romano Construction, Inc. in the amount of
$96,249 and authorize the City Manager to execute the same.
Councilmember King requested that this item be removed from the Consent
Calendar.
6
Councilmember King pointed out that there were no designated funds for
contingency and suggested that on the next agenda funds be designated to this
project.
KlNG/WALTONSMITH MOVE TO DECLARE ROMANO
CONSTRUCTION, INC. TO BE THE LOWEST RESPONSIBLE BIDDER
ON THE ADDITION AND ALTERATIONS TO THE JAMES
MCWILLIAMS HOUSE PROJECT: A WARD A CONSTRUCTION
CONTRACT FOR ADDITION AND ALTERATIONS TO THE JAMES
MCWILLIAMS HOUSE TO ROMANO CONSTRUCTION, INC. IN THE
AMOUNT OF $96,249: AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SAME. MOTION PASSED 5-0.
3H. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF)
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-045
W ALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION FOR THE
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF').
MOTION PASSED 5-0.
31. OAK PLACE & HIGHWAY 9 PEDESTRIAN IMPROVEMENTS -
AWARD OF CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
1. Move to declare George Bianchi Construction to be the lowest responsible
bidder on the project.
2. Award a construction contract to George Bianchi Construction in the
amount of$120,913.
3. Move to authorize staff to execute change orders to the contract up to
$24,000.
WALTONSMITH/STREIT MOVE TO DECLARE GEORGE BIANCHI
CONSTRUCTION TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT: A WARD A CONSTRUCTION CONTRACT TO
GEORGE BIANCHI CONSTRUCTION IN THE AMOUNT OF $120,913:
MOVE TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO
THE CONTRACT UP TO $24,000. MOTION PASSED 5-0.
3J. BLANEY PLAZA IMPROVEMENTS PHASE II - REJECTION OF BIDS
STAFF RECOMMENDATION:
1. Move to reject all bids for the Blaney Plaza Improvements Phase II Project
2. Direct staff to refine scope of project, set new project start/finish date, and
re-bid.
7
W ALTONSMITH/STREIT MOVE TO REJECT ALL BIDS FOR THE
BLANEY PLAZA IMPROVEMENTS PHASE II PROJECT: DIRECT
STAFF TO REFINE SCOPE OF PROJECT, SET NEW PROJECT
STARTIFINISH DATE, AND RE-BID. MOTION PASSED 5-0.
PUBLIC HEARINGS
4. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC
NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION
STAFF RECOMMENDATION:
Conduct public hearing and adopt resolution.
RESOLUTION: 06-049
Cathleen Boyer, City Clerk, presented staff report.
Mayor Kline opened the public hearing and invited public comments.
Seeing none, Mayor Kline closed the public hearing.
W ALTONSMlTH!KING MOVED TO RESOLUTION ORDERING THE
ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF
HAZARDOUS VEGETATION, MOTION PASSED 5 -0.
5. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-l
APPROVAL OF ENGINEER'S REPORT AND CONFORMATION OF
ASSESSMENTS FOR FY 06-07
STAFF RECOMMENDATION:
1. Conduct Public Hearing
2. Adopt Resolution Ordering the Improvement and Confirming the Diagram
and Assessments for FY 06-07
3. Approve two-year extension of existing professional services agreement
with John H. Heindel for Assessment Engineering and authorize City
Manager to execute the same.
RESOLUTION: 06-050
John Cherbone, Public Works Director, presented staff report.
Mayor Kline opened the public hearing and invited public comments.
Seeing none, Mayor Kline closed the public hearing.
STREIT/KING MOVED TO ADOPT RESOLUTION ORDERING THE
IMPROVEMENT AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FY 06-07: APPROVE TWO-YEAR EXTENSION OF
EXISTING PROFESSIONAL SERVICES AGREEMENT WITH JOHN H.
HEINDEL FOR ASSESSMENT ENGINEERING AND AUTHORIZE CITY
MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0.
8
6. INITIATE ANNEXATION OF TWO COUNTY ISLANDS UNDER THE
EXPEDITED ANNEXATION PROGRAM
STAFF RECOMMENDATION:
Conduct public hearing and adopt resolution initiating annexation of the 104 acre
Prospect Road Area and the 20 acre Hidden Hill Area.
RESOLUTION: 06-051
John Livingstone, Community Development Director, presented staff report.
Mayor Kline opened the public hearing and invited public comments.
The following people requested to speak on this item:
Wayne McIntyre noted that he opposed the proposed annexation Mr. McIntyre
noted that he was concerned that he would have to change his address from Los
Gatos to Saratoga.
Nancy Carlson asked how the annexation would benefit her and stated that she
realizes that the annexation will go through regardless of the property owner's
comments.
WALTONSMITH/STREIT MOVED TO INITIATE ANNEXATION OF TWO
COUNTY ISLANDS UNDER THE EXPEDITED ANNEXATION
PROGRAM. MOTION PASSED 5-0.
Mayor Kline noted that there would be another public hearing on this item.
At 8:25 p.m. Mayor Kline declared a ten minute break
Mayor Kline reconvened the meeting at 8:35 p.m.
OLD BUSINESS
7. RESOLUTION ESTABLISHING AN EXPENSE REIMBURSEMENT
POLICY FOR ELECTED AND APPOINTED OFFICIALS
STAFF RECOMMENDATION:
Adopt the attached policy establishing an expense reimbursement policy for
elected and appointed officials.
Richard Taylor, City Attorney, presented staff report.
STREIT/KING MOVED TO ADOPT POLICY ESTABLISHING EXPENSE
REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED
OFFICIALS. MOTION PASSED 5-0.
9
8. KEVIN MORAN PARK IMPROVEMENT PROJECT - REVIEW OF
CONCEPTUAL DESIGN PLAN
STAFF RECOMMENDATION:
1. Consider report
2. Accept public testimony,
3. Provide direction to staff regarding conceptual design plan to be reviewed
in environmental analysis.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone stated that on March 15,2006 Council directed staff to move
forward with a conceptual design plan for Kevin Moran Park that included one
contiguous flat grass area large enough for one full size soccer field (330'xI95')
and 1 halfsize field (165' x 195').This particular conceptual design was a
modification of Plan 3, a plan which was developed at the February 27th Kevin
Moran Task Force Meeting.
Director Cherbone noted that as details began to emerge regarding the effect
Modified Plan 3 would have on the existing park improvements including the
removal of 11 California Sycamores, City Council scheduled two meetings with
the Kevin Moran Task Force to explore alternatives that would minimize impacts
to the developed area of the park. The two meetings were held on April 16th and
May 10th. At the first Task Force Meeting, City Council determined that Plan lA
was the best plan to use as a basis to discuss further design alternatives with the
Task Force.
Director Cherbone noted that at the second Task Force meeting held on May 10th,
Councilmember Waltonsmith introduced a design alternative to Plan lA that
focused on minimizing impacts to the existing park improvements by utilizing
more of the undeveloped area of the park.
Director Cherbone explained that the latest design iteration reduces the number of
healthy mature specimen trees requiring removal in the developed area of the park
to one California Sycamore tree (Tree 138) and one Redwood Coast tree (Tree
181). The plan also has a negligible impact to the existing lawn bowl area.
Director Cherbone explained the preliminary cost estimate as follows:
. Construction Costs - $1,545,861
. Design and Environmental Cost - $238,000
Total - $1,783,861
Director Cherbone noted that the City's design consultant, Dave Nelson, would
explain the latest design.
Dave Nelson explained the proposed changes to the development plan.
The following people requested to speak on this item:
Ted Clabeaux read the City's mission statement and requested that this issue of
KMP be placed on the November ballot.
Hl
Scott Emery suggested that the Council move forward with the park renovations
and suggested doing it in phases.
Mike Vaggione urged the City to move forward with the proposed plan.
Marvin Kohn stated that he was disappointed with the City Council to allow their
personal interest interfere with good decision making. Mr. Kohn noted that he is
very concerned about on street parking and potential traffic hazards.
Adele Salle stated that development ofKMP would destroy its beauty and
serenity. Ms. Salle noted that developing the park would destroy trees, cause more
noise pollution, and create more traffic.
Michael O'Neall stated that he doesn't support the proposed bike path and
destroying the trees.
Carol O'Neall stated that if the City claims it can't meet the residents basic needs
how they can justify spending money on developing KMP.
Suzanne 0' Neall suggested the plan include two half size soccer fields.
Naresh Makhijani stated that the KMP Task Force turned out to be a fa~ade for
political reasons.
David Giandomenico stated that he is against all efforts to bring organized sports
to KMP. Mr. Giandomenico stated that KMP is known for its tranquility and
beauty.
Peter Pranys read an email form Sam Hahn who indicated that he feels the City
doesn't have neighborhood buy in on the proposed plan.
Debbi Pranys stated that the proposed path is absurd; kids will just cut through the
middle of the field. Mrs. Pranys stated that she feels this Council is out of control
and all authority should be removed from them.
Janice Zdankus stated that she supported the proposed plan.
Piruuz Tooyserkani stated that he supported the proposed plan.
Cynthia Tate stated that she supported the proposed plan.
Laurie Marshall stated that she supported the proposed plan.
Judy Homan asked what guarantee do the citizens have that his project will be
completed before the City runs out of funds.
Sandy Cross asked ifKMP was subject to Measure G.
Barbara Stewart requested that the City do a survey asking how many Saratoga
citizens need the proposed field space. Mrs. Stewart also recommended that the
Parks and Recreation Commisison be reinstated.
11
Nelia Gainer noted that she is opposed to the proposed plan.
Mary Robertson noted that she cheeked with the State Controllers Office and
found out that the grant money that is being used for KMP could be used for the
North Campus.
Nazanin Tooyserkani stated that he supported the proposed plan.
Bernie Shuflle stated that he supported the proposed plan
Richard Pierce stated that in his opinion KMP isn't the right location for soccer
fields.
Heuy Lee stated that he was against this project and recommended that this issue
be placed on the November ballot.
Brain noted that he supported the Neighborhood Plan and stated that a parking lot
would not be needed if a full size field was not developed.
Jennifer Taylor noted that developing this park would destroy wildlife habitats
and a memorial park.
Maria Guerro noted that the proposed plan is not a soccer complex; it's just flat
grass.
Reed Parker stated that he would like to play organized sports at KMP.
Tom Pridham stated that he supported the proposed plan.
Kim Olsen stated that he opposed the proposed plan.
Trang Tsao stated that he supported the proposed plan.
Bob Alley noted that he supported the Neighborhood Plan.
Allan Nonnenberg stated that he opposed the proposed plan and noted that he
feels the Council is fiscally irresponsible.
Debi Schwartz stated that she supported the proposed plan
Ivan Pederson stated the he doesn't support development at KMP.
Mary Ann Escobar stated that she supported the proposed plan.
Clint Rosenthal stated that he supported the proposed plan.
William Butler stated that he supported the proposed plan.
Roy Henninger stated that he supported the proposed plan.
Bruce Euler stated that a full size soccer field at KMP doesn't fit and suggested
that the City built the field at West Valley College.
12
Laurel Euler stated that a full size soccer field doesn't fit in KMP sand requested
that the bowl be preserved.
Debbie Lillo that she supported the proposed plan and encourage the Council to
move forward.
Teresa Lorenzen noted that she is concerned about the potential traffic hazards
around KMP.
Blanche W ohl asked how emergency vehicles would gain access to KMP in case
of an emergency.
Elaine Clabeaux referred to Caltran's Highway Design Manual. Mrs. Clabeaux
stated that the pathway doesn't meet the code at the end of the pedestrian ramp.
Mrs. Clabeaux stated that the pathway in KMP is a dedicated VTA pathway.
Maureen Destin asked Council to consider the impact a full size field would have
on the neighborhood.
Jacob Goldberg stated that he opposes a full size soccer field at KMP.
Denise Goldberg stated that the current plan is too expensive and the impact
cannot be mitigated. Mrs. Goldberg stated that the pathway has to be place on the
south side of the field. Mrs. Goldberg noted that user fees haven't been collected
from the user groups for some time.
Marty Goldberg pointed out that on any game day both the full size and the half
size field would be used by the soccer players and on one else from the public
would be able to utilize the field space.
Sue Johnson suggested the City look at long term acquisition of the Abrams
property at the corner of Saratoga Avenue and Cox for a large sports facility and
let the sports enthusiasts pay for it.
Bruce Hilton stated that KMP isn't the appropriate place for a full size soccer
field.
Nicholas Lorenzen stated that he lives across the street from KMP and likes the
park the way it is.
Dave Mighdoll requested that the Council move forward with the proposed plan.
Lori Hibbett stated that the proposed plan accommodates everyone's needs.
Jennifer Sequeira stated that she supported the proposed plan.
Janet Pfeiffer stated that she supported the proposed plan.
Laura Watkins stated that flat grass doesn't make a soccer complex and requested
that the City move forward with the proposed plan.
13
Priscilla Ho noted that she supported the Neighborhood Plan.
Cheriel Jensen noted that she doesn't support development at KMP.
Donna McKenzie stated that she doesn't support the proposed plan.
Karlina au stated that she supported the proposed plan.
Jim MacCollum noted that he doesn't support a full size soccer field at KMP and
suggested that this item be placed on the November ballot.
Fiona Rodriguez stated that she supported the proposed plan.
Howard Miller stated that A YSO was a nonprofit organization and no one at a
local level receives any pay. Mr. Miller stated that he supported the proposed
plan.
Jeff Schwartz suggested that the full size field be cut back to a youth field and
then bowl would not have to be graded.
Katey Kennedy stated that she supported that proposed plan and pointed out the
demographics in the City are rapidly changing.
Mayor Kline thanked all of the speakers.
Council discussed and answered questions put forth by several speakers including
construction costs, traffic and noise mitigation, pedestrian pathway, Abrams
property, scheduling field use time, and user fees.
Counciimember Streit stated that he would not recuse himself from this item
because he doesn't have any financial interest or gain in any of the sports
organizations. Counciimember Streit noted that the proposed plan is not
destroying KMP but rebuilding it as a multi-use park. Councihnember Streit
noted that KMP is a community park and should be designed for the young and
old. Councihnember Streit stated that he feels the current plan is a good
compromise and would vote to approve the plan and move forward with the
environmental analysis.
Councihnember King noted that she would vote to support the proposed plan.
Counciimember Waltonsmith noted that the proposed plan is a good compromise.
Counciimember Waltonsmith note that she would vote to support it including a 11,
basketball court, the pathway around the south side of the field and investigate the
lighting issues.
Vice Mayor Kao noted that this process has been very difficult. Vice Mayor Kao
noted that KMP should be developed for the entire community. Vice Mayor Kao
noted that it saddens her that the Council received many emails asking them to
resign.
14
Mayor Kline noted that if the plan included two Yo field instead of the full size
field the neighbors would probably compromise on the other issues. Mayor Kline
noted that the neighbor's primary concerns where issues around "game" days.
Mayor Kline stated that he feels the proposed plan is a disaster and would not
support the proposed plan.
WALTONSMITH/STREIT MOVED TO APPROVE THE CONCEPTUAL
DESIGN INCLUDING THE FOLLOWING DIRECTION:
. INCLUDE Yo BASKETBALL COURT
· REMOVE HEDGE AND CHAIN LINK FENCE TO ALLOW THE
PATHWAY TO BE REDESIGNED
· DIRECT DESIGNER TO INCLUDE A TRAIL ON SOUTH SIDE OF
SOCCER FIELD
. HAVE LIGHTS EV ALUA TED
. PHASE IN APPROACH
MOTION PASSED 4-1 WITH KLINE OPPOSING.
NEW BUSINESS
9. TEEN CENTER ALTERNATIVES
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Joan Pisani, Recreation Director, presented staff report.
Director Pisani briefly highlighted the history of the teen center at the Wamer
Hutton House. Director Pisani noted that within the last few years, as the city
experienced budget cutbacks, teen programs have decreased significantly. The
only programs held now are fee-based, and are limited because of staffmg costs.
In FY 05-06 the Youth Commission utilized the Wamer Hutton House (WHH) ten
times for teen concerts.
Director Pisani explained that due to rising popularity of the concerts, and the
need for a larger venue, this was the first year the Multi-Purpose Room in the
Community Center was also used. Seven concerts were held at the Center
averaging 285 teens per show. The Community Center was also used for eight
middle school dances and a lecture series.
Director Pisani described the WHH renovation project, which will be completed
within the next few months. Director Pisani noted that concerts that were held at
the house will come to a halt.
Director Pisani explained that on the May 17'h City Council meeting two Youth
Commissioners spoke to the Council about their concern about the lack of space
for teen programs. Director Pisani noted that at the May 24th meeting Council
requested that staff explore options for alternative sites for teens, or alternatives
that would fill the void for Saratoga's teenage population. Director Pisani
explained three options:
15
. Optwn 1 - Continue to use the WIlli for concerts, commission meetings
and teen classes.
. Option 2 - Transition most of the teen programs to the Community Center
and use the Multi-Purpose Room for larger teen events. WIlli could be
used for low-impact teen classes and some meetings.
. Option 3 - Explore the option of a stand alone new teen center
o Lease a vacant building in the Village
o Add a wing on to the Community Center
o Build a new teen facility between the Community Center and the
Corporation Yard.
o Build a new teen center at a location to be determined.
Director Pisani noted that a few years ago Council directed the Recreation
Department to become a full cost recovery department. Director Pisani noted that
when there are youth programs in the Recreation Center she loses rental income.
Counciimember Streit suggested an option #5 which would include the North
Campus as a possible sight for a teen center.
Mayor Kline noted that he submitted a plan a few years ago that suggested that the
North Campus be used as a teen center.
Councilmember Waltonsmith noted that a public discussion should be held to
decide future uses for the North Campus.
Phillip Baker noted that when the City acquired the WIlli it was designated for
youth programs. Mr. Baker stated the Town of Los Gatos has a very successful
teen center right behind the high school.
Chris Miller noted that he was a local educator and through his research he has
found it important that teens have a place where there can feel at home.
Councilmember Waltonsmith noted that the WIlli is a designated national historic
site. Councihnember Waltonsmith stated that the WIlli is in a state of disarray
and needs to be renovated. Councihnember Waltonsmith stated that she would
not support allowing the youth program access to the WHH.
Councihnember King noted that she would like to see the teens to have a place to
call home.
Mayor Kline noted that we make space for many groups like SASCC and the
Rotary and he finds it shocking they we don't have place for teens anymore.
Mayor Kline noted that the North Campus is the perfect location for a teen center.
Councilmember Streit stated that the teen program is very important.
Councihnember Streit suggested that the Council fund the Recreation Department
through Council Contingency of $16,000. Councilmember Streit suggested that a
budget resolution be brought back at the next meeting for Council approval.
16
Consensus of the City Council to agendize a budget resolution to fund the
Recreation Department in the amount of$16,000 from Council Contingency.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kline reported the following information:
TEA AdHoc -AB 117 was stuck in appropriations.
Vice Mayor Kao reported the following information:
SASCC - new lunch program started.
Councihnember Nick Streit had no reportable information.
Councihnember Waltousmith had no reportable information.
Councihnember King had no reportable information.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business Mayor Kline adjourned the meeting 12:55 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
17
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
2h
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
(~'
PREPARED BY: '-... DEPT HEAD:
Cathleen Boyer, I Dave Anderson, City Manager
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Special Meeting - July 6, 2006
FISCAL IMPACTS:
NIA
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
NIA
ALTERNATIVE ACTION:
NIA
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
NIA
ATTACHMENTS:
Attachment A - Minutes July 6, 2006
MINUTES
SARATOGA CITY COUNCIL
SPECIAL MEETING
JULY 6, 2006
The City Council conducted a site visit at 5 :00 P.M. at Blaney Plaza - Highway 9 &
Saratoga-Sunnyvale Road.
Mayor Kline called the Special City Council meeting to order at 6:00 p.m.
ROLLCALL
PRESENT:
Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
None
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Joan Pisani, Recreation Director
ABSENT:
ALSO
PRESENT:
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 6, 2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of July 6, 2006, was properly posted on June 29, 2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Citizen Ray reported a dead pine tree at Fruitvale and Big Basin Road and two at Quito
and Sobey Road. Citizen Ray also noted that he supported soccer fields at Kevin Moran
Park.
Kathleen Casey stated that she feels the Village Plan is not acceptable and would not
support a plan similar to Santana Row. Ms. Casey requested that Oak Street be dedicated
to Olivia de Havilland. Ms. Casey also requested that the Finance Commission be
reestablished.
COUNCIL DIRECTION
Responding to Citizens Ray's comments, Councihnember Waltonsrnith requested staff
follow up on the dead trees. In regards to Ms. Casey's comments, Councihnernber
Waltonsmith noted that the Oak Street issue was at the Heritage Preservation
Commission. In regards to the Village Plan, Councihnember Waltonsmith noted that a
committee has been reviewing the Plan.
ANNOUNCEMENTS
Due to the recent news of traces of the West Nile Virus in the Golden Triangle, Mayor
Kline announced that tonight from midnight to 4:00 a.m. Vector Control would be
spraying that area.
NEW BUSINESS
1. ALLOCATION OF ONE-TIME FUNDS
STAFF RECOMMENDATION:
Accept report and allocate funds in accordance with priority setting exercise.
Michele Braucht, Administrative Services Director, presented staff report.
Director Braucht explained that on May 3, 2006 during the public hearing on the FY 2006-07
operating budget, Council requested that the allocation of one-time funds be addressed at a
separate meeting and not be included in the FY 2006-07 budget process.
Director Braucht stated that there were three unique one time sources of revenue discussed in this
section. The first is from the State of California and is a repayment of the VLF fee distribution to
the city that was suspended for the months of Aug-Oct in FY 2003-04; $516,900. The second is a
staggered repayment by the State of California in the amount of $260, 1 00 per year in both FY
2005-06 and FY 2006-07 that was "borrowed" from the cities and referred to as ERAF ill
Deduction. The third source of one time revenues is from the Association of Bay Area
Governments (ABAG) for reimbursement of statutory disability payments from 1989 to 2005,
with interest earnings in the amount of $ 176,400.
Source of One-Time Funds:
FY 2005-06 One Time State VLF Reimbursement $516,900
FY 2006-07 State Repayment of "Take-Away" $520,200
ABAG Workers Compensation Settlement $176.400
Total $1,213,500
Director Braucht stated that as shown in the following table, $322,600 of these one time funds are
recommended to be allocated to one time reserves, and prior City obligations. An allocation of
$260,100 to the Economic Reserve for Uncertainty would restore the balance to $1,500,000.
Using $65,200 to set up a retiree's medical benefit account would bring the account current as of
June 30, 2006.
Allocation to Reserves and Trust Account
One Time source of Funds
Less:
Restore Economic Reserve for Uncertainty to $1,500,000
Fund Retiree's Medical Benefit Account for FY 2001-2006
Remaining One Time Funds
1,213,500
(260,100)
(62,500)
890,900
Director Braucht stated that with no action on the part of Council the remaining balance of
$890,900 would be added to the General Fund undesignated fund balance.
City Clerk Boyer stated that staff recommends that Council take the follow steps to determine
allocation of one-time funds:
1. Accept Public Testimony
2. Record Request for Funds From the Public
3. Council Questions/Discussion
4. Council Generated Items
5. Priority Setting Exercise (dot voting)
6. Threshold Determination
7. Conclusion
The following people requested to speak on this item:
Christine Wasmund, Director ofKSAR 15, requested that the City Council allocate $21,000 for
the following projects:
. Old Council and Planning Commisison tapes conversion to DVD
. DVD conversion to streaming video
. Real time indexing of City Council meetings
. Video services of special events
Rilene Simpson, Chamber of Commerce, requested that the City Council allocate $20,000 for the
following projects:
. City purchase 2,500 copies of Map of Saratoga
. Celebrate Saratoga out of pocket expenses
. City sponsorship for new Celebrate Saratoga Teen Area
Genie Dee, Director of SASCC, requested that the City Council allocate $54,320 for the following
projects:
. Replacement of chairs and tables in the Adult Care Center
. New storage area
. Computer lab upgrades
. Renovations to the Adult Care Center
Bruce Euler suggested that the Council allocate funds towards street maintenance.
Lon Saavedra, Executive Director of Hakone Foundation, requested that the City Council allocate
$250,000 to help build a visitor center.
Marilyn Marchetti representing SVDC, requested that the City Council allocate funds to help
replace news racks and the directory, flower pots, and install a public bathroom in the Village.
Mary Robertson suggested that the Council allocate funds towards the following:
. Roads
. Adult Care Center
. Dare program
. Bring back the quarterly publication ofthe Saratogan
. Restore City Commissions
. North Campns maintenance
. Bathroom Upgrade at the North Campus
Jeff Schwartz suggested that the Council allocate funds towards building renovations at the North
Campus.
Marci Hayden, Director of City Relations of the Wildlife Center of Silicon Valley, requested
$10,000 for the following projects:
. Animal intensive care units
. Animal care exposed to the West Nile Virus
Peter Marra requested that Council install a permanent sign at the North Campus.
Kathleen Casey suggested that Council allocate funds towards the following items:
. Open Space
. Creek clean up
Cheriel Jensen requested that Council allocate funds towards the following projects:
. North Campus
. Hard wood floor in the recreation classrooms
. Teen Center
Priscilla Ho reported stagnate water at the railroad crossing at Cox Avenue. Mrs. Ho expressed
her concem about the possibility of mosquitoes becoming a problem at that location. Ms. Ho
requested that Council allocate money to remedy this problem.
Mike Story noted that he supported North Campus building renovations.
Marty Goldberg noted that he supported one time funds to go towards the following projects:
. North Campus
. Restore City Commissions
. Roads
. Senior and Teen Center
Citizen Ray suggested funds be allocated for improvements on Highway 9 @ Aloha Avenue.
KLINE/WALTONSMITH MOVED TO ALLOCATE $260,100 TO RESTORE ECONOMIC
RESERVE FOR UNCERTAINTY AND $62,500 TO FUND RETIREE'S MEDICAL
BENEFIT ACCOUNT FY 2001-2006. MOTION PASSED 5-0.
A discussion took place amongst the Council to decide how to allocate $890,000 of the remaining
one time funds.
Councihnember Streit suggested allocating $800,000 to future capital improvement projects and
continuing the discussion at the July 19th meeting when staff will present the CIP and allocate
$90,900 towards third party requests.
At 8:10 p.m. Councilmember Streit excused himself from the meeting.
Vice Mayor Kao expressed her opposition of Councilmember Streit's suggestion of placing the
$800,000 in the CIP.
A discussion took place regarding the allocation of $90,900 to the 3rd party requests for funding.
Mayor Kline suggested cutting the Wildlife Center's request of $5,000 to purchase incubators and
fund all other requests at 90% stating that it would total $90,900.
Councihnember King noted that she supported Mayor Kline's suggestion.
KAO/KLINE MOVED TO FUND 3RD PARTY REQUEST AT 90% OF THE FUNDS
REOUESTED, WITH THE EXCEPTION OF THE WILDLIFE CENTER'S REQUEST OF
$5000 WAS NOT FUNDED. MOTION PASSED 3-0-2 WITH WALTONSMITH AND
STREIT ABSENT. (SEE ATTACHED DRAFT SPREAD SHEET FOR SUGGESTED
FUNDING ALLOCATION)
Mayor Kline thanked everyone for attending tonight's meeting.
ADJOURNMENT
There being no further business Mayor Kline adjourned the meeting 8:30 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
PROJECT:
KSAR-
Chamber - Maps
Chamber - Celebrate
Chamber - Teens
SASCC - chairs & tables
SASCC- storage closet
SASCC - computer
SASCC - adult day care
Wildlife Center-W. Nile
Wildlife Center - Incub.
As requested by Public
21,600
5,000
5,500
10,000
30,000
4,275
6,045
14,000
5,000
5,000
As Approved byCouncil
19,400.00
4,500.00
4,900.00
9,000.00
26,900.00
3,800.00
5,400.00
12,500.00
4,500.00
106,420
90,900
KSAR-
Chamber
SASCC
Wildlife Center
19,400.00
18,400.00
48,600.00
4,500.00
90,900.00
SARATOGA CITY COUNCIL
..fEETING DATE: 07/19/2006
AGENDA ITEM:
ORIGINATING DEPT: Admin. Svcs.
PREPAREDRY, -~si~
CITY MANAG
SUBJECT: Check Register for 06/13/2006
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 06/13/2006.
REPORT SUMMARY:
Attached is the Check Register for 06/13/2006. The checks were released on 06/14/2006. Payroll checks were
-'leased on 06/08/2006.
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Account Payable 06/14/06 102351 102455 105 $205,690.66
Payroll 06/08/06 31656 31675 20 $119,159.28
TOTAL $324,849.94
The prior Check Register for 05/30/2006 ended with check number 102350.
Following is a list of checks issued for more than $10,000.00, and a brief description of the expenditures.
Check # Issued to Fund Dept Purpose Amount
102365 City of San Jose - Animal Care General Police & Public Safety Animal Control Service - June $12,916.63
102368 Santa Clara County-Sheriff General Police & Public Safety Traffic - Sobriety Check $35,282.55
102429 Santa Rosa Chevrolet-Isuzu Internal Equipment Replacement Vehicle Purchase $23,846.34
102444 Ungo-McCormick, Deborah Various Various Consulting Services- Marchi April $15,613.50
FurxI # Furrl Thscriotion NPTotal PR Total Total
001 General 107,358.11 23,359.28 130,717.39
ISO Streets & Roads 7,788.52 17,608.90 25,397.42
205 Azule lID 1,306.74 1,306.74
207 Vtilage IililitiTll! 678.35 678.35
224 VIllage ComnlID 1,935.00 1,935.00
225 ' T lID 218.34 218.34
229 Tollmrte lID 33.79 33.79
250 fuel Services 6,860.89 52,021.39 58,882.28
260 Fnvirontrental SRF 85.00 5,195.81 5,280.81
290 Recreation 14,469.17 17,796.76 32,265.93
291 Teen Services 1,668.24 3,177.14 4,845.38
310 PmkIbel 'tal Project Furrl 2,375.00
501 iace:rmJt !SF 23,846.34 23,846.34
503 Facilitv Innrovem:nt ISF 4,051.25 4,051.25
6():1 PI . t Pre 2006 17,917.18 17,917.18
605 PI "t 07/01/05 12,03274 12,032.74
735 Village Trees & IiclJts 800.00 800.00
791 Kevin MJran 2,266.00 2,266.00
1UI'AI 205,690.66 119,159.28 324,849.94
ALTERNATIVE ACTION:
NIA
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:
July 19,2006
AGENDA ITEM:
iD
J~/
~
ORIGINATING DEPT: Administrative S cs CITY MANAGER:
tf(
DEPT HEAD:
PREPARED BY:
Vivian on,
Accounting Supervisor
ichele Braucht,
Adm. Services Director
SUBJECT: Treasurer's Report for the Month Ended May 2006
RECOMMENDED ACTION
That the City Council accepts the monthly Treasurer's Report.
REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code
of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City
Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all
receipts, disbursements, and fund balances.
41004. Regularly, at least once each month, the city treasurer shall submit to the city
clerk a written report and accounting of all receipts, disbursements, and fund balances.
He shall file a copy with the legislative body.
Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective
January 1, 2001 cities are now required to forward copies of their second and fourth quarter
calendar year investment portfolio reports to the California Debt and Investment Advisory
Commission (CDIAC) within 60 days.
The CDIAC will use the report as an additional opportunity to examine public investment
practices in a more consistent basis than before.
Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment
Fund (LAIF) are exempt from the new investment portfolio reporting requirements and are only
required to send a letter to CDIAC indicating the total and composition of their investments.
This Treasurer's Report will satisfy our reporting requirement to the CDIAC.
The following pages in the attachment provide various financial data and analysis for the City of
Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund,
including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the l't
Quarter of 1977 to present.
FISCAL IMPACTS
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City will not be in compliance with Government Code Section 53891 and Section 40804.
ALTERNATIVE ACTION
NIA
FOLLOW UP ACTION
NIA
ADVERTISING, NOTICING AND PUBLIC CONTACT
NIA
ATTACHMENTS
A - Cash and Investments by fund
B - Change in total fund balances by fund
C - Cash and Investments by CIP project
D- Change in total fund balances by CIP project
E - Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
CC
cdiac_investments@treasurer.ca.gov (June & December reports only, within 60 calendar days)
ATTACHMENT A
CASH AND INVESTMENTS BALANCE BY FUND
As of May 31, 2006, the City had $48,544 in cash deposit at Comerica bank, $16,668,286 on
deposit with LAIF and $806,398 in cash that are restricted for the CDBG loan and the Tree Bond
deposit repayments. The bank reconciliations are completed thru the month of November 2005.
The Council Policy on operating reserve funds adopted on April 20, 1994, states that: for cash
flow purposes, to avoid the necessity of dry period financing, pooled cash from all funds should
not be reduced below $2,000,000. The total pooled cash balance as of May 31, 2006 is
$16,716,830 and exceeds th r' . d
e Imlt require .
Unrestricted Cash
Comerica Bank 48,544
Deposit with LAIF 16,668,286
16,716,830
Restricted Cash
San Jose National Bank 71,506
Fiscal Agents 734,892
806,398
Total 17 ,523,228
Fund OeseriDtloo
The following table summarizes the City's total cash and investment balances by Fund.
Cash & Investment
Balance at Mav 2008
$ 3,890.712
Fund Tv Des
General
General Fund
Designated Reserves:
Tree. Bench, & Plaque Dedication Program
Petty Cash
Library Exterior Walls Maintenance
Theater Ticket Surcharge
CIP
Economic Uncertainty
Operations
Special Revenue
Supplemental Law Enforcement Services Fund
Highway Users Gas Tax
Landscape and Lighting
Development Services
Designated Reserve:
Tree Preservation Ordinance 226
General Plan Update
Enviromental Programs
Development Fees
Community Development Block Grant
SHARP loan
Recreation Services
T aen SelVlces
COD Deposits ~ Arborlst Reviews
COD Deposits - Planning Deposit Pre 2006
COD Deposits - Planning Deposit Post 2005
COD Deposits w Planning Deposit
Capital Project
Park Development
Library Expansion
Public Safety
Infrastructure
Facility
Park and Trails
Debt Service
Library Bond
Internal Service
Equipment Replacement
Information Technology
Facility Improvement
Trust/Agency
Leonard Road
KSAR - Community Access TV
Total City
$ 366
$ 1.300
$ 15,000
$ 18.528
$ 145,217
$ 1.239,900
$ 2.457.846
$
$ 339,921
$ 77,806
$ 1.657,805
$ 186,644
$ 39.196
$ 831.723
$ 103.714
$ (47,251)
$ 143.104
$ (1.916)
$ (26,790)
$ 187,071
$ 73,526
$ 149,686
$ 673,282
$ 117.981
$ 600.597
$ 505,061
$ 2.381,288
$ 184.119
$ 299,516
$ 422,559
$ 310.186
$ 408,798
$ 92,036
$ (16,144)
$ 60 842
$ 17,523 228
ATTACHMENTB
CHANGES IN TOTAL FUND BALANCE
The following table presents the ending Fund Balances for the City's major fund types at May
31, 2006. This table excludes Trust and Agency funds where the City acts merely as a third party
custodian of an outside party's funds.
05/31106
Fund
Fund Oescri lion Revenues Ex ndilures Transfers Balance
General
General Fund 1,637,476 1,054,550 1,580,352 (435,925) 25,000 3,861,453
Designated Reserves:
Tree, Bench, & Plaque Dedication Program 650 (284) 366
Petty Cash 300 1,000 1,300
Library Exterior Wall Maintenance 15,000 15,000
Theater Ticket Surcharge 56,169 (40,537) 2,896 18,528
CIP (Refunded from RDA) 162,000 (22,000) 5,217 145,217
Economic Uncertainty 1,350,000 (110,100) 1,239,900
Operations 2,457,846 2,457,846
Special Revenue
Supplemental Law Enforcement Services Fund
Highway Users Gas Tax 306,751 93,781 (62,712) 337,821
Landscape/Lighting Fd 75,891 17,544 1,494 (16,899) 78,029
Development Services 342,123 660,030 271,569 (361,502) 912,?-
Designated Reserve:
Tree Preservation Ordinance 226 161,654 24,380 610 186,644
General Plan Update 28,887 10,309 39,196
Environmental Programs 898,658 76,004 27,278 (170,302) 831,638
CDBG (1,065) (32,572) (13,614) (47,251)
SHARP Loan 127,298 14,695 1,111 143,104
Recreation Services (41,025) 94,994 (64,463) (10,494)
Teen Services (24,552) 6,502 (8,740) (26,790)
Capital Project
Park Development 74,499 44,222 (3,115) 115,606
Library Expansion 766,145 (65,548) 700,597
Public Safety 747,846 (242,585) 0 505,062
Infrastructure 3,187,274 (766,437) (40,348) 2,380,466
Facility 206,715 (22,597) 184,118
Park and Trails 337,899 (30,693) (7,691) 299,516
Oebl Service
Library Bond 855,413 (442,194) 10,173 (832) 422,559
Internal Service Fund
Equipment Replacement 303,070 13,500 (30,231) 266,339
Technology Replacement 128,198 255,600 408,79~
Facil' 1m rovement 147,823 92,'
Total C' 13,572.138 1,109,368 2,119,785 15,578,b-..
ATTACHMENTC
CASH AND INVESTMENTS BALANCES BY CIP PROJECT
The following table the details the cash balances for each project in the Public Safety,
Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds.
Casn ...
Investment
Balance at May
CIP Funds/Projects 2006
Public Safety
ADA Improvements (Hakone) (120,166)
Sobey/Quito Traffic Improvement -
Aloha Street Safety Improvement 45,344
Sara-S'vale/Seagull Traffic Sign 3,169
Quito Road Bridge Replacement 127,192
Trafficsafety 66,135
Highway 9 Safety project 100,000
Traffic Signal @ Highway 9 14,751
Sidewalk-Yearly Project 165,001
Traffic Signal @ Herriman 3,000
Traffic Signla @ Verde Vista Lane 3,000
Traffic Signla @ Kirkmont Dr 3,000
Bridges @ 4th Street 100,000
Crossing @ Highway 9 and Oak Place 245,310
Transfers-Project Reconciliation (272,675'
Total Public Safety $ 505,061
Infrastructu re
EI Quito Area Curb Replacement 460,264
Storm Drain Upgrades -
Median Repairs(Landscapellrrig.) (57,665)
Cox Ave Railroad Crossing Upgrade 336,620
Saratoga-Sunnyvale/Gateway 30,396
Blaney Plaza Improvement-Constructions 102,963
Storm Drain Upgrades 200,000
Civic Center Landscape 107,602
Village-Trees & Lights 6,169
Village- Trees&Lights/Sidestreets 50,000
Signage @ City Entrance 17,067
Village Streetscape Improvement (Sidewalk C 736,624
Storm Drain @ EI Camino/Mt Vista 100,000
Transfers-Project Reconciliation 267,205
Total Infrastructure $ 2,361,266
Facility
Historical Park Fire Alarm System 6,543
Warner Hutton House Improv 94,100
Civic Center-Eaves @ COD 25,000
Civic Center-COD Offices 15,000
Transfers-Project Reconciliation 43,4 75
Total Facility $ 164,119
Parks & Trails
Hakone Garden OlIN 194,563
Union Pacific Railroad (Oeanza) Trail (23,025)
ParklTrail Repairs 36,634
Kevin Moran Park 56,666
Transfers-Project Reconciliation 30,657
Total Parks & Trails $ 299,516
Total CIP Funds $ 3,369,963
ATTACHMENT D
FUND BALANCES BY CIP PROJECT
The following table details the fund balances for each project in the Public Safety, Infrastructure,
Facility, and Park and Trails Capital Improvement Project Funds.
Fund
CIP Funds/prOJects Balance Incr/(Oecr) 05/31/08 Fund
(Audited) Jul-ADr Revenues Expenditures Transfers Balance
Public Safety
Safe Routes to Schools 23.956 (23,956) . . . 0
Congress Springs Park Safety 15,020 (15.020) - . . .
Playground Safety 287.799 (287.799) . . . .
Norton Rd Fire Access (6,500) 6,500 - . . .
ADA Improvements (Hakon.) (1,175) (118,991) - . . (120.166)
Sabey/Quito Traffic Improvement (89,654) .145.492 . - (55.837) 0
Aloha Street Safety Improvement 45,344 . - . 45,344
Sara.S'vale/Seagull Traffic Slon 6,604 (3,435) . . . 3,169
Quito Road Bridge Replacement 131.894 . . . (4.702) 127,192
Traffic Safety 181,624 (113,489) . . - 68,135
Highway 9 Safety Project . 100,000 . . . 100,000
Highway 9 Traffic Signal Mod 83,204 (68,453) . . . 14,751
Sidewalks Yearly Project . 185.001 . . . 185,001
Traffic Signal CD Herriman 5,000 (2.000) . . . 3,000
Traffic Signal 0 Verde Vlata Lane 5,000 (2.000) . - - 3,000
Traffic Signal @ Klrkmont Dr 5,000 (2.000) . - . 3,000
Brkfges @ 4th Street 100,000 . . . . 100,000
Xing C Highway 9/ Oak Place (128) 245,436 . . . 245,310
Transfers-Project Reconcllation . (333214) - . 60 539 (272 675
Total Public Safety 747,646 (242.585) . . 0 505,062
Infrastructure
Lynde Ave Drainage (11,193) 11,193 - . . -
Village Streetscape Impv-L.ndscape 139,474 (139,474) - . . -
Saratoga Ave. Medlans@Llbrary 150,000 (150.000) . - - .
Prospect Avenue Median. 25,000 (25.000) . . - .
Cltywk:le TratrtC Sign Upgrade 386.172 (386.172) . . . .
Vesaing Road Assessment (152,782) 152,782 . . . .
Village Streetscape Impv-Sk:lewalks 15,000 (15.000) . . . -
Blaney Plaza Improvement - Contructlon 17,968 (17.968) . . . -
EI Quito Area Curb Replacement 500,000 . . . (39,736) 460,264
Median Repalrs(LandscapeJlrrig.) (33,089) (24.796) . - . (57,865)
Cox Ave Railroad Crossing Upgrade 319,725 17,096 . . . 336,820
Blaney Plaza Improvement (18,537) 35,938 - (7.288) 92,871 102,983
Saratoga-Sunnyvale/Gateway 1,662,939 (1,601,333) - (31,208) . 30,398
Storm Drain Upgrades 49,108 150,892 . - . 200,000
Civic Center Landscape . 109,454 . (1.852) - 107,602
Village-Trees & Light - 7,389 - . . 7,389
Village-Trees & Llghts/Sldestreets . 50,000 . . . 50,000
Slgnage C City Entrance (8.628) 25,695 . . - 17,067
Vlllage-Streetscape Impv (Sidewalk, Curbs) . 738,624 - . . 738,624
Storm Drain C EI Camino / Mt Vista 146,097 (48.097) . - (53 ;35) 100,000
Transfers-Project Reconcllatlon . 340341 . . 287 206
Total Infrastructure 3,187,273 (766.437) . (40.348) . 2,380,488
Facility
Theater Roof (3,822) 3,822 . . - .
Civic Center Master Plan (Design) (1.087) 1,087 . . . .
Animal Control Faclltty 309,449 (309,449) . - . .
Civic Theater Reroof (41.855) 41,855 . . . .
Village Fa/;ade Mathchlng Fund (21,164) 21,164 . . . .
Book Go Round Repairs (33.328) 33,326 . . . .
North Campus/Prospect (553) 553 . . - .
Historical Park Fire Alarm System (882) . . - 7,425 6,543
WHH Improvement. (47) 94,147 . . . 94,100
Civic Center - Eaves @ COO - 25,000 . . . 25,000
Civic Center - COD Offices . 15,000 . . 15,000
Transfers-Project Reconcilatlon . 50 900 . . (7 425\ 43475
Total Facility 206,715 (22.597) . . . 184,118
Parke & Trails
EI Quito Improvements 91,490 (91.490) . . . .
Azule Park 2.968 (2.968) . - . .
Heritage Orchard Improvements 15,282 (15,282) . - . .
Skateboard Park . . . . - .
Foothlil School Field Impv (8.528) 8,528 . . . -
San Marcos Open Space Track 17,054 (17 ,054) . . . .
Odd Fellows Trails oev 60,500 (60.500) . . . .
Kevin Moran Improvements (1.289) 59,955 . . - 58.866
Hakone Garden OIW 194,583 . . . . 194,583
Union Pacific Railroad (Oeanza) Trail (35,116) 12,091 . . . (23,025)
ParklTrall Repairs 954 (5.193) . (7.691) (;'0.5~, 38,635
Transfers-Project Reconctlation . 81221 . . 50564 30 657
Total Parks & Trella 337,900 (30,693) . (7.691) . 299,516
.
Total CIP Funds 4 479 534 1062312 - . {48 039 0 3369184
Local Agency Investment Fund
Quarterly Apportionment Rates
5.68
6,97
8,81
11.11
11,23
11,82
9,87
10,32
10,32
9,09
7,24
8,01
8,76
8,52
7,97
5,87
4,64
4,25
5,76
5,62
5,56
5,70
5,19
5,80
6,16
2,96
1.98
1.47
2.38
4,03
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27
Revised March 31, 2006
SARATOGA CITY COUNCIL
PREPARED BY:
MEETING DATE: July 19, 2006 AGENDA ITEM:
ORIGINATING DEPT: Administrative Svcs CITY MANAGER: ~ J ~
Dave Anderson
DEPTHEAD:~~~~
. raucht
2~
SUBJECT: Allocation of one-time funds.
RECOMMENDED ACTION
Accept report and adopt Resolution approving the amendments to the FY 2005-06 and FY
2006-07 operating budget.
REPORT SUMMARY
On July 6, 2006 the City Council held a special meeting accepting a report on City's one-time
funds and the allocation of those funds.
REVENUE
There are three unique one time sources of revenue discussed in this section. The first is from
the State of California and is a repayment of the VLF fee distribution to the city that was
suspended for the months of Aug-Oct in FY 2003-04; $516,900. The second is a staggered
repayment by the State of California in the amount of $260, 1 00 per year in both FY 2005-06 and
FY 2006-07 that was "borrowed" from the cities and refem;d to as ERAF III Deduction. The
third source of one time revenues is from the Association of Bay Area Governments (ABAG) for
reimbursement of statutory disability payments from 1989 to 2005, with interest earnings in the
amount of$176,400.
The recommended budget action is as follows:
Source of Funds
State VLF Reimbursement
ABAG Workers Compensation Settlement
Sub-total FY 2005-06
Fiscal Year
2005-06
2005-06
Budget Amount
516,900
176,400
693,300
State Repayment of "Take-Away"
Grand Total
2006-07
520,200
1,213,500
EXPENDITURE
As shown in the following summary table the City Council allocated $413,500 of the $1,213,500
in one time funds to specific reserves, obligations and Outside Agencies, while designating
$800,000 to future capital improvement projects.
Use of Funds
Restore Economic Uncertainty
Fund Retiree's Medical Account
Support to Outside Agencies
Sub-total
Fiscal Year
2005-06
2005-06
2006-07
Budget Amount
260,100
62,500
90,900
413,500
Designated for Future CIP Projects
2006-07
800,000
Grand Total
1,213,500
Economic Reserve for Uncertainty - The allocation of $260, 1 00 returns the balance in this
reserve fund to the targeted amount of $1,500,000.
Retiree's Medical Account - The allocation of $62,500 funds the net activity in retiree's
medical account for fiscal years 2001-02 through 2005-06.
Support to Outside Agencies - The allocation to Outside Agencies of$90,900 was awarded at
90 % of the funds requested, the only exception being the Wildlife Center request for $5,000 for
incubators was not funded. Following is a summary of the award to each of the outside agencies
and the purpose of the request. In each case, the agency may submit an invoice to the Assistant
City Manager, once approved, payment will be issued within 15 working days.
· $48,600 to SASCC - The request for SASCC includes the purchase of tables and chairs
for the Senior Center, upgrades to the computer lab, a storage closet in the Adult Day
Care Center and funding of on-going staff costs.
· $19,400 to KSAR - KSAR's proposal includes the conversion of old Council and
Planning videos to DVD and streaming video, indexing of City Council meetings and
video taping of the Mustard Walk and Holiday Tree lightening.
· $18,400 to the Saratoga Chamber of Commerce - The Chamber will provide 2,250
copies of Map of Saratoga to the City Manger's Office, the remainder of the funding is
for Celebrate Saratoga! , including a new Teen Scene as part of the event.
· $ 4,500 to the Wildlife Center - The funds designated to the Wildlife Center are for
care of animals exposed to the West Nile Virus.
Designated for CIP Projects - The allocation to future CIP projects is set at $800,000 and is to
be addressed as a part of the CIP report.
FISCAL IMPACTS
Based upon City Council direction for the budgeting of the receipt of $1,213,500 in one-time
funds and the use of those funds the following table provides a summary of the budget
transactions by fiscal year.
Source of Funds: FY 2005-06 FY 2006-07 Total
State VLF Reimbursement 516,900 516,900
State Repayment of "Take-Away" 520,200 520,200
ABAG Settlement 176,400 176,400
Total Source of Funds 693,300 520,200 1,213,500
Use of Funds:
Reserve for Economic Uncertainly 260,100 260,100
Retiree's Medical Account 62,500 62,500
Support to Outside Agencies 90,900 90,900
Designated for CIP Projects 370,700 429,300 800,000
Total Use of Funds 693,300 520,200 1,213,500
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
Funds will default to the General Fund undesignated fund balance.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
Enter budget amendments in to fiscal records.
ADVERTISING. NOTICING AND PUBLIC CONTACT
NIA
ATTACHMENTS
A. A Resolution of the City Council of the City of Saratoga Amending the FY 2005-06 and
FY 2006-07 Operating Budget
CC:
Christine Wasmund - KSAR
christine wasmund@westvallev.edu
Chamber of Commerce - Christine Oakes
chris@saratogachamber.org
SASCC - Genie Dee
odee@saratooa.ca.us
Wildlife Center of Silicon Valley - Marci Hayden
marci@wcsv.org
---_.._~
RESOLUTION NO.
ATTACHMENT - A
A RESOUL TION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE FY 2005-06 AND FY 2006-07 BUDGET FOR THE RECEIPT AND
ALLOCATION OF $1,213,500 IN ONE-TIME FUNDS
WHEREAS, On July 6, 2006 the City Council held a special meeting to discuss the
receipt and allocation of one-time funds ..
WHEREAS, Council provide direction regarding the budget allocation of these
one-time funds
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves to accept the budget amendments as submitted and authorizes the budget
adjustments as follows:
. FY 2005-06
o Increase General Fund Revenues as follows:
. $516,900 - State VLF reimbursement
. $176,400 - ABAG Workers Compensation settlement
o Increase General Fund Reserves and Designations as follows:
. $260, I 00 - Reserve for Economic Uncertainty
. $ 62,500 - Retiree's Medical Account
. $370,700 - Designated for future CIP Projects
. FY 2006-07
o Increase General Fund Revenues as follows:
. $520,200 - State repayment of prior years "take-away"
o Increase General Fund Expenditures and Designations as follows:
. $ 90,900 - Support to Outside, Agencies
· $429,300 - Designated for future CIP projects
AND BE IT FURTHER RESOLVED, that the Administrative Services Director is
directed to record these changes into the City's accounting records in accordance with
appropriate accounting practices.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 19th day of July 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: July 19,2006
AGENDA ITEM:
2Y
PJ~/
ORIGINATING DEPT: Admin. Services
PREPARED BY: M. Brauc~
CITY MANAGER:
DEPT HEAD:
SUBJECT: Annual Property Tax Levy for Debt Service Payments on the Library General
Obligation Bonds
RECOMMENDED ACTION:
Adopt a resolution setting the tax rate for the debt service requirements for the Library General
Obligation Bonds at $.00955 per $100 of Assessed Valuation.
REPORT SUMMARY:
In March 2000, the citizens of Saratoga approved an increase in their property tax rate to pay the
debt service on the Library General Obligation Bonds. The Library Bonds were issued in May of
2001, and the debt service payments began in February 2002.
Each year Saratoga must establish the property tax levy to provide funds for the debt service
payments. The property tax levy is derived from assessed property values of all secured property
within Saratoga.
FISCAL IMPACTS:
The tax levy supports the annual debt service requirements of the voter approved General
Obligation Bonds, and is included in the City's operating budget, Library Bond Debt Service
Fund. The assessed valuation for FY 2006-07 was calculated at 3% growth rate over the un-
audited FY 2005-06 assessed valuation.
The following table highlights the rate calculation for FY 2006-07 including the reduction to the
fund balance.
Estimated Assessed Valuation for FY 2006-07
Property Tax Levy per $100 of Assessed Valuation
8,993,211,700
0.00955
858,900
Use of Funds FY 2006-07:
Debt Service - Principal
Debt Service - Interest
Administration
Total Use of Funds
280,000
743,800
5,100
1,028,900
Use of Fund Balance
170,000
1
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
funds will not be collected by the Santa Clara County Tax Assessor for the debt services related
to the Library General Obligation Bonds.
ALTERNATIVE ACTION:
Fund the debt service payments from City reserves.
FOLLOW UP ACTION:
Direct the City Clerk to send a certified copy of the resolution setting the property tax levy for the
Library General Obligation Bond no later than August 1, to:
Mu-Hua Cheng
County of Santa Clara
Controller-Treasurer Department
70 West Hedding Street, East Wing, 2nd Floor
San Jose, Ca. 95110-1705
ADVERTISING, NOTICING AND PUBLIC CONTACT:
NIA
ATTACHMENTS:
Resolutions authorizing the Administrative Services Director to calculate the tax rate levy for the
Library General Obligation Bonds and report that rate to the Santa Clara County Tax Collector.
CC:
2
ATTACHMENT-A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH
THE PROPERTY TAX LEVY FOR THE DEBT SERVICE REQUIREMENTS OF THE
LIBRARY GENERAL OBLIGATION BOND FOR FY 2006-07 AT $.00955 PER $100 OF
ASSESSED VALUATION
WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their
property tax rate to pay for the debt service and other expenses of the general obligation bonds
for construction of the Library, and
WHEREAS, the general obligation bonds were sold on April 24, 2001, and
WHERAS, it is necessary for the City Council of the City of Saratoga to establish an
annual property tax levy to provide funds for the debt service and related expenditures due in FY
2006-07.
NOW, THEREFORE, BE IT RESOLVED that the property tax levy for FY 2005-06
for debt service on the Library general obligation bonds be set at $.00955 per $100 of assessed
valuation.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 19th day of July 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
, Mayor
ATTEST:
Cathleen Boyer, City Clerk
3
SARA TOGA CITY COUNCIL
MEETING DATE:
July 19, 2006
AGENDA ITEM:
2-D
ORIGINATING DEFT, PO.uq
PREPARED BY: I~ -
Iveta Harvancik, Associate Engineer
CITY MANAGER:
DEPTHEAD:~O~
John Cherbone, Public Works Director
SUBJECT: Civic Theater Sound System - Notice of Completion
RECOMMENDED ACTION(S):
Move to accept the Civic Theater Sound System Project as complete and authorize staff to record
the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work on the Civic Theater Sound System has been completed by the City's contractor, Lloyd
F. McKinney Associates, Inc. Overall, the quality of the work completed through this contract
was very favorable. The original contract amount of $37,936 was sufficient to complete the
work. No change orders to this contract were necessary.
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.
FISCAL IMPACTS:
This project has been paid for through adopted budget. No change orders were issued.
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 contract.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Notice of Completion for the Civic Theater Sound System
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 GIVEN 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 19th
day of July, 2006.
Contractl'lumber:l'I/A
Contract Date: March 16, 2005
Contractor's l'Iame: Lloyd F. McKinney Associates, Inc.
Contractor's Address: 25350 Cypress Avenue, Hayward, California 94544
Description of Work: Civic Theater Sound System
l'Iotice 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 , 2006.
CITY OF SARATOGA
BY:
ATTEST:
Dave Anderson
City Manager
Cathleen Boyer, City Clerk
Gov. Code 40814
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
1\-V
.{PJ~
ORIGINATING DEPT: City Manager CITY MANAGER:
PREPARED BY: C ~ 1 tf ~ DEPT HEAD:
Cathleen Bover. City Cler ave Anderson. City Manaper
SUBJECT: Certification of June 7, 2006 Primary Election Results and Canvass of Returns
from the County Registrar of Voters for Measure J
RECOMMENDED ACTION:
Adopt the attached resolution declaring canvass of returns and results of the Primary Election
held on June 7, 2006.
REPORT SUMMARY:
This report reflects the official results of the June 7, 2006 Primary Election for Measure J. The
Santa Clara County Registrar of Voters completed the official canvass of returns and has certified
the votes cast. The City Council is required to declare the results of the election by resolution.
MEASURE J:
Shall the sale of City-owned property at
19848 Prospect Road, Saratoga, California
(also known as the "North Campus") be
approved as set forth in Resolution 06-016?
YES
2,092
24.46%
NO
6,462
75.54%
FISCAL IMPACTS:
The City has not received the invoice for the cost of the Primary Election for placing Measure J
on the ballot. It was estimated to be approximately $90,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Primary Election results for Measure J would not be certified.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
City Clerk to send certified copy of resolution to the County Board of Supervisors and Registrar
of Voters.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Certificate of Election Results
Attachment C - June 6, 2006 Precinct Reports
RESOLUTION 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA DECLARING THE RESULTS OF THE
PRIMARY ELECTION OF MEMBERS TO THE CITY
COUNCIL OF JUNE 7, 2006
WHEREAS, a Primary Election in the City of Saratoga was conducted on June 7, 2006;
and
WHEREAS, the results of that election are duly certified by the Santa Clara County
Registrar of Voters, a copy of the official canvass of ballots cast in the election being attached
hereto as Exhibit A; and
WHEREAS, the City Council now meets to declare the results of the canvass of ballots;
and
NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga hereby declares the
following:
MEASURE J:
Shall the sale of City-owned property at
19848 Prospect Road, Saratoga, California
(also known as the "North Campus") be
approved as set forth in Resolution 06-016?
YES
2,092
24.46%
NO
6,462
75.54%
BE IT FURTHER RESOLVED, that the City Council determines the results of the election to
be as shown on Exhibit A attached to and made part of this resolution, and that the City Clerk is
directed to enter these results in the official records of the City of Saratoga.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 19the of July 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
County of Santa Clara
Registrar of Voters
1555 Berger Drive, Building 2
San Jose, California 951 12
Mailiol! Addres.~: P,O. Box 1147 San Jose CA9510R
(408) 299-VOTE (8683) (866) 430-VOTE (8683) FAX (408) 998-7314
www.sccvote.org
July 5, 2006
Ms. Cathleen Soyer
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: Certification of Election Results - June 6, 2006
Gubernatorial Primary Election
Dear Ms. Soyer:
Enclosed is the Certificate of Election Results, Official Results and Statement of Votes
for the contest in your jurisdiction.
Pursuant to Elections Code Section 15400, the Governing Soard should accept the
Statement of Votes and Certificate of Election Results, and declare the totals to be the
final results of the election.
Please call me at (408) 282-3041 if you have any questions or need further information.
Sincerely,
s~~
Election Division Coordinator
Enclosures
Board of Supervllon: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall Jr., Liz Kniss
County Es:ecuUve: Peter Kutras, Jr.
~
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
I, Jesse Durazo, Registrar of Voters of the County of Santa Clara, State of
Califomia, hereby declare:
1. A Gubernatorial Primary Election was held in the County of Santa Clara, in
the City of Saratoga, on June 6, 2006 for the purpose of submitting the following
measure to the voters:
J Shall the sale of City-owned property at 19848 Prospect Road,
Saratoga, California (also known as the "North Campus") be approved
as set forth in Resolution 06-016?
.--
2. The official canvass of the retums of the election was conducted by the Office
of the Registrar of Voters in accordance with the appropriate provisions of the
Elections Code of the State of Califomia.
3. The Statement of Votes Cast, now on file at my office, shows the whole
number of votes cast for Measure J in each of the precincts and the total shown is true
and correct.
WITNESS my hand and Official Seal this 5th day of July, 2006.
----
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SARATOGA CITY COUNCIL
ORIGINATING DEPT:
City Manager
AGENDA ITEM: ~~
CITYMANA~ &/ ~
DEPTHE~ 'J.4t../6 r2~
MEETING DATE:
July 5, 2006
PREPARED BY:
Barbara Powell
SUBJECT: Memorandum of Uuderstanding with the Saratoga Employees Association
RECOMMENDED ACTlON(S):
Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the
Saratoga Employees Association (SEA) for the period July 1, 2006 through June 30, 2007, and
authorize the City Manager to execute the MOD.
REPORT SUMMARY:
The Assistant City Manager, Human Resources Manager and Administrative Services Director
negotiated on behalf of the City with SEA. Through a series of meetings and with direction from the
City Council, the City and SEA have agreed to the following significant MOU changes:
Term:
. This one year agreement pertains to the period July 1, 2006 through June 30, 2007.
Compensation Adjustments:
. Each represented employee will receive a two percent (2%) cost ofliving increase, retroactive
to July 1, 2006,
. Each represented employee will also receive a merit increase up to five percent (5%) based
upon annual performance evaluation results, and within the limits of the annual merit budget
appropriation approved by the City Council for fiscal year 2006-07, also retroactive to July 1,
2006.
. A Section describing the annual performance evaluation system has been incorporated into the
MOU; all references to salary "steps" and salary increases on anniversary dates have been
removed.
. Performance Incentive Compensation (received after an employee remains at the top of his/her
salary range for 5 consecutive years) has been increased from two and one-half percent (2 Yz%)
to five percent (5%).
Split Shift Differential:
· A $25,00 per day pay differential has been instituted for employees in the Facilities
Maintenance classification when required to work a split shift (a daily work shift divided into 2
working periods oftime with several hours in between).
Health Premium Contributions:
· The MOU has been corrected to reflect current practice in which the City contributes 100% of
the medical premium equal to the Kaiser, Blue Shield or PERS Choice plan premium,
whichever is greater,
· Commencing July I, 2005, the Employee Retiree Medical Program (ERMP) has been
eliminated for the SEA work group, Retired employees who are currently enrolled in the
ERMP will continue to receive benefits until they attain Medicare eligibility. Current
employees will cease contributing, through payroll deduction, the equivalent of 5% of their
medical premium to fund the ERMP,
Leave Payout at Separation:
. Upon separation from City service, the City has agreed to pay 100% of the employee's accrued
annual leave at the employee's regular rate of pay.
Leave Payout at End of Calendar Year:
. At the end of December 2006, if they have accrued leave hours in excess of 600 hours, each
SEA member will receive an automatic payout of their unpaid leave balance, at the following
rates:
Service Length
1-60 Months
61-120 Months
121+ Months
% Payout
50%
75%
100%
Administrative Leave:
. Each exempt SEA member will receive an allocation of twenty (20) hours of administrative
leave per fiscal year, which must be used by June 30th of the fiscal year in which it was
accrued.
9/80 Work Schedule:
. The current 9/80 schedule will continue through June 30, 2007.
The elements of this agreement are consistent with Council direction and staff asks that Council
authorize execution.
FISCAL IMPACTS:
A two percent (2%) cost of living increase and merit increases within the annual merit budget
allocation equivalent to three percent (3%) of salaries have an approximate fiscal impact of $122,700.
The 2006-07 Budget includes funding for these increases,
ALTERNATIVE ACTION(S):
Choose not to accept the agreement and direct City staffto continue negotiations with new direction.
FOLLOW UP ACTION(S):
Staff will execute the memorandum of understanding and implement the agreement elements,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
· Resolution to adopt the Memorandum of Understanding between the City and SEA
· Copy of Memorandum of Understanding between the City and SEA for the period July 1, 2006
through June 30, 2007
RESOLUTION NO. 85.9-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE SARATOGA EMPLOYEES ASSOCITION INTO A MEMORANDUM OF
UNDERSTANDING WITH A TERM OF JULY 1, 2006 THROUGH JUNE 30,2007
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to
State law, has met and conferred with the organized representative organization, the Saratoga
Employees Association (SEA), concerning proposals for modifications and changes to salaries,
benefits and other matters; and
WHEREAS, the representatives of the City and SEA have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2006,
through June 30, 2007, for employees represented by SEA, all of which are specified in a
Memorandum of Understanding dated July 19, 2006; and
WHEREAS, this resolution replaces various Resolutions of the City of Saratoga. This
resolution is an expression of existing policy of the City of Saratoga and is subject to
modification and change by the City Council from time to time, Nothing herein contained shall
be construed as creating or establishing any of the provisions hereof as terms of any contract of
employment extending beyond a period other than such period as during the resolution is in full
force and effect. That is to say, that any employee of the City of Saratoga during the effective
period of the resolution shall have such employment rights and duties as set forth herein only
during such period of time as this resolution remains in effect, and not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum
of Understanding, dated the 19th of July, 2006, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City
Council of Saratoga held on the 19th of July, 2006, by the following vote:
AYES:
NOES:
ABSENT:
NORMAN KLINE, MAYOR
ATTEST:
Cathleen Boyer, CITY CLERK
CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (MOU), or "AGREEMENT', dated July 19, 2006, is
between the City of Saratoga through its designated representatives, hereinafter referred to as
"CITY" and the Saratoga Employees Association (SEA), hereinafter referred to as
"ASSOCIATION,"
This Memorandum of Understanding complies with the provisions of the Meyers-Milias-Brown
Act, as contained in Section 3500, et seq" of the Government Code of the State of California in
that the employer-employee representatives noted herein did meet in good faith and did reach an
understanding on those matters within the scope of representation.
This Memorandum of Understanding also complies with Resolution No. 509-2 relating to
employer-employee relations, and Resolution No, 489-2, establishing the procedure for meeting
and conferring with recognized employee organizations,
II, GENERAL CONDITIONS
A. Personnel Rules and RegulationslExisting Benefits Continued
This Memorandum of Understanding combines the elements of Resolution 85-9.132 adopted
in 2001, Resolutions 85-9136 and 03-006 adopted in 2003, Resolution 85,9-136 adopted on
June 16, 2004 and Resolution 04,104 adopted on December 14, 2004,
B. City Council Approval
City Council approval of the terms of this Memorandum of Understanding is incorporated in
Resolution No, 85,9-138 adopted on July 19, 2006,
C, Total Agreement
All ordinances, resolutions, administrative regulations, departmental rules and regulations,
personnel policies and procedures, and management rights not specifically altered by this
Agreement shall remain in full force and effect.
This Agreement sets forth the full and entire understanding of the parties for the period
beginning July 1, 2006, and continuing through June 30, 2007, at which time the MOU
terminates. All prior Memoranda of Understanding are superseded or terminated in their
entirety.
Except as specifically provided in this Agreement, it is agreed and understood that
ASSOCIATION waives its right, and agrees that the CITY shall not be required to negotiate
with respect to any subject or matter covered in this Agreement or with respect to any other
matters within the scope of negotiations, during the term of this Agreement.
The waiver of any breach, term, or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
No verbal statement or other amendments, except an amendment mutually agreed upon
between the parties and in writing attached to this Agreement designated as an amendment to
this Agreement, shall supersede or vary the provisions in this Agreement.
D, ValidityofMemorandwn
Should any article, section, or portion of this Agreement be held unlawful and unenforceable
by any court of competent jurisdiction, the court's decision shall only apply to the specific
article, section, or portion of this Agreement directly specified in the decision, and the
remainder of this Agreement shall not be affected by the decision,
E. CITY Rights
The CITY reserves, retains, and is vested with any management rights not expressly granted to
the ASSOCIATION by this Agreement. These CITY rights include but are not limited to the
right to:
I. Detennine and modify the organization of City government and its constituent work units;
2, Detennine the nature, standard, levels, and mode of delivery of City services;
3, Detennine the methods, means, nwnber, and kind of personnel by which City services are
provided;
4. Determine the procedures and standards for selection for employment and promotions;
5. Establish employee performance standards including, but not limited to, quality standards,
and to require compliance with those standards;
6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline workers in accordance with applicable laws, the Personnel Ordinance
and the Personnel Rules; and
7. Relieve employees from duty because of lack of work or lack of funds, or for inability to
perform the job as required, subject to the Personnel Rules and Regulations.
Nothing in this Article shall relieve the CITY of its obligation to meet and confer on the
impact of the exercise of those rights which are mandatory subjects of bargaining under the
Meyers-Milias-Brown Act.
2
ill. SALARY ADMINISTRATION
A. Salary Ranges
Salary data for each position represented by ASSOCIATION is periodically collected from the
following list of comparable cities:
Los Altos
San Carlos
Los Gatos
Campbell
Menlo Park
Cupertino
Morgan Hill
The CITY will be adjusting the salary ranges administratively effective July I, 2006 as a result
of the FY 05-06 compensation study,
Each ASSOCIATION member shall receive a two percent (2%) cost of living increase
effective July I, 2006, and a merit increase up to five percent (5%) based upon annual
performance evaluation results, and within the limits of the annual merit budget
appropriation approved by the City Council for that fiscal year, No other salary increases
referenced elsewhere in this document shall be in force.
The City of Saratoga classifies all miscellaneous positions according to duties and
responsibilities, and a salary range is established for each job classification, New employees
are customarily hired at the begimring of the salary range,
All regular employees will be evaluated on an annual basis and will be eligible to advance in
their salary range based on annual performance evaluation results,
B. Working Out of Classification
Non-management employees who are assigned by a Department Head or the City Manager for
more than fifteen (15) consecutive working days in a calendar year to perform the essential
functions of a position with a higher salary range than they are regularly assigned shall receive
increased compensation of at least five percent (5%) higher than their regular compensation,
Out of Class assignments are temporary and shall continue as authorized by a Department
Head or City Manager, but not exceed one year. Upon completion of an out of class
assignment, an employee will return to his regular job classification, salary range, and step,
C, Performance Incentive Compensation
Non-management employees who have remained at the top of the same salary range for five
years may be eligible for a salary increase of five percent (5%) based on an "Above Standard"
rating on their performance evaluation, allocated on the date salary increases go into effect.
Five years after meeting the criteria for performance incentive compensation, qualified
employees -- those who have remained at five percent (5%) above the top of the same salary
range -- may receive an additional salary increase of five percent (5%) based on a second
3
"Above Standard" rating on their performance evaluation, allocated on the date salary
increases go into effect.
D. Annual Performance Review
The City of Saratoga administers an Annual Performance Review (APR) process, The APR
includes a Self Evaluation prepared by the employee and a Performance Evaluation
prepared by the employee's supervisor/manager. Ratings on the Performance Evaluation
are tied to the following numerical scores:
Score
1
2
3
4
5
Rating Description
Unsatisfactory
Below Expectations
Meets Expectations
Exceeds Expectations
Outstanding
The employee is rated on hislher performance in eight (8) categories:
Customer Service
Quality of Work
Initiative
Flexibility
Ability to Work Well with Others
Accountability
Communication Skills
Supervision - if applicable
The employee receives a composite score based upon individual ratings received under
each category, This composite score forms the basis for a potential merit increase awarded
by the City, The availability of merit increases are dependent upon an annual merit budget
appropriation approved by the City Council.
All employees, regardless of probationary, promotional or regular status, are eligible to
participate in the APR, If an employee receives a rating that qualifies him/her for a merit
increase, and, as of July 1st of the APR year the employee has less than twelve (12) months
of City service in his/her current classification, he or she will receive a pro-rata merit
increase based upon the length of service as of July I st of that year, For example, if an
employee has three (3) months of service as of July 1st, and qualifies for a 4% merit
increase, he or she would receive a 1% salary increase (4% x ,25 = 1%), The same pro-
rated salary increase applies to an employee who has received a promotion, and has served
less than twelve (12) months of service in the promotional classification,
If an employee is at or near the top of hislher salary range, and becomes eligible, through
the APR, for a merit increase exceeding the top of the salary range, he or she will receive a
bonus for the portion of the merit increase above the salary range. For example, if an
employee's current salary is 3% below the top of the salary range and he or she qualifies for
a 4% merit increase, he or she would receive a 3% salary increase and a I % bonus.
4
IV. PROBATION
All newly hired employees are brought into the CITY service under a twelve-month probationary
period. During the probationary period, employees remain at-will, and may be discharged without
cause, During probation supervisors may evaluate employees every three months, At six months,
a written evaluation will be prepared, Upon completion of the twelve-month probationary period,
a second written evaluation will be prepared. At the completion of a successful probationary
period, the employee shall be granted regular employment status and may advance in hislher
salary range as part of the citywide annual evaluation process,
V. PROMOTION
Promotion is the movement of an employee from one class to another class having a higher salary
range, At the time an employee is promoted, he or she shall receive a minimum of five percent
(5%) salary increase, Detennination of the amount of the increase will depend upon the
employee's length of time in his or her current class, position in the salary range, and the date of
last review, The effective date of the promotion will become the employee's new anniversary
date.
All promotional appointments shall be subject to a probationary period of one year, During
probation, supervisors may evaluate employees every three months. At six months, a written
evaluation will be prepared. Upon completion of the twelve-month probationary period, a second
written evaluation will be prepared, At the completion of a successful probationary period, the
employee shall be granted regular employment status and may advance in hislher salary range as
part of the citywide annual evaluation process.
If it is determined through employee performance evaluation that an employee subject to a
promotional appointment does not pass probation, the probationary employee shall be reinstated to
the position from which he or she was promoted, provided that position is vacant and funded. If
no vacancy exists, the employee may ask to be placed on a re-employment list.
VI. LAY-OFF POLICY
In the event that there is an abolition of positions by the City Council due to lack of work, or of
funds, an employee may be separated from employment with the CITY, If it becomes necessary
to abolish a position, due to lack of work or of funds, the employee holding the position will be
laid-off or demoted without disciplinary action, To the extent possible, employees subject to
layoff shall be given a minimum notice offourteen (14) calendar days,
Layoffs will be made on a department by department basis, Layoffs shall be determined on a
position basis, In the event that more than one person occupies the same classification in the same
department, layoff shall be based on job knowledge, abilities, and performance history. In the
event the employees are equally qualified, the least senior employee shall be first subject to layoff.
In addition to the elimination of a position, a lay-off can include reclassification to a position at a
lower salary range, and/or a reduction in hours,
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An employee who is laid-off or demoted in accordance with the City's layoff policy will be kept
on a re-employment list for one year from the date of the layoff, This list will be used when a
vacancy arises in the same or a lower class of position, Re-employment shall be based on
seniority should more than one person in the same classification be laid off from the same
department. Employees who are offered and refuse re-employment will be removed from the re-
employment list, Employees re-employed in a lower class, or on a temporary basis, will continue
to remain on the list for the higher position for one year,
The CITY will extend medical insurance benefits for two months to an employee who has been
laid-off, During this two-month period, the CITY will continue to pay the previously established
contribution for the employee's medical insurance premiwn, The CITY will also pay the
employee 100% of the employee's accrued leave balance as of the date oflayoff. This provision
only applies to laid-off employees,
VII. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined by the City
Manager and Directors where a full-time work week is a work week of forty (40) hours within
seven consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours, Under the
9/80 work schedule, some or all employees may be required to serve a full-time work period
within 9 workdays during hours to be determined by the City Manager and Directors. Under the
9/80 work schedule, Fridays when the CITY is not open for business are referenced as "off-
Fridays,"
The work period (pay period) is the period encompassing two consecutive workweeks,
A holiday furlough will exist whereby the CITY operations are closed from December 24 through
January 1 of every year, Employees shall utilize their available leave balances (annual leave,
compensatory time), if applicable, Employees that utilize unpaid leave due to insufficient leave
balance shall maintain regular benefit status.
Vrn. OVERTIME
FAIR LABOR STANDARDS ACT AND OVERTIME
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the
following way:
(1) nonexempt employees are granted the eligibility for overtime pay for time worked in
excess of II hours in one work day or 40 hours in one work week;
(2) overtime compensation shall be computed at one-and-a-half times the employee's regular
rate of pay for time worked over 40 hours in one workweek and two times for hours in
excess of 13 hours in one day or 60 hours in one work week;
(3) CITY agrees to include paid leave time taken as time worked for purposes of calculating
eligibility for overtime pay for all regular non-exempt positions in the CITY service;
(4) All overtime is to be approved in advance and in writing by the Department Head and
accepted in writing by the employee. This written confirmation is to be turned in with the
employee's time sheet for each pay period,
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COMPENSATORY TIME OFF IN-LIEU OF OVERTIME
With the Department Head's approval, the employee may choose to be compensated for overtime
worked through compensatory time off, in the following way:
(1) if compensatory time is approved, it should be used within 180 days from when it is earned;
(2) accumulated compensatory time may be paid offin cash at any time, at the CITY's discretion,
and shall be paid off after 180 days has elapsed, unless the employee has obtained
authorization from the City Manager to carry unused compensatory time beyond the 180 day
period;
(3) a non-exempt employee shall be paid in full for any unused compensatory time upon
tennination, at the higher of hislher final regular rate of payor the average regular rate during
the last three (3) years of employment.
IX. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency nature are
compensated at their regular rate of pay for a minimum three hours for each occurrence at one
and one-halftimes (1.5) the hourly rate, on weekends between 6:00 P,M. Friday (or Thursday if
the next day is an "off-Friday" under the City's 9/80 work schedule) and 5:59 A,M, Monday,
and on holidays, Employees will be compensated from the time they leave their residence until
their direct return home after being released from the assignment. A second callout while
responding to the first does not restart the clock,
X. STANDBY PAY
Non-exempt employees and Maintenance Supervisors may be assigned to standby duty as
determined by the City Manager or Department Head. Anticipated events or seasons that would
trigger standby duty include storms/storm season or the period of holiday work furlough,
Employees assigned to standby duty must report for duty within one hour of notification and be
able to perform the duties as assigned, Employees assigned to standby duty will be issued a
City pager and must respond with a telephone call. Employees are compensated $ 25.00 for
each weeknight defined as from the end of the work day's shift to the beginning of the next
day's shift, and $50.00/day for each weekend defined as the end of the workday Thursday or
Friday to the beginning of the next workday (off-Friday, Saturday, Sunday), or holiday
assigned to stand-by status.
XI, DIFFERENTIAL FOR SPLIT SHIFT
ASSOCIATION members in the Facilities Maintenance classification shall receive an additional
$25,00 for each day when required to work a split shift.
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XII. MEAL REIMBURSEMENT
The CITY wil1 provide a meal or reimburse the cost of a meal up to $10.00 for each employee
who is required to work extended overtime or who is required to worK on extended emergency call
out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive
hours during a scheduled work day or if the employee works in excess of four (4) hours during an
emergency callout. Two meals will be provided if work is required in excess of eight (8) hours
during an emergency callout.
XIll. PRODUCTIVITY/GOALS
Employees and Management agree to cooperate and assist in improving productivity through
assistance in developing:
A. A more positive work environment.
B. Innovative techniques for improving operational activities.
C. Increased accuracy,
D, Methods to maximize time usage,
E. More effective communication with the public and other departments,
XIV. BENEFITS
A, Health and Dental Premium Contributions and In-Lieu Payments
The CITY contributes 100% of the medical premium for regular, full-time employees who
elect either the Kaiser, Blue Shield, or PERS Choice plans. Each plan includes eligibility for
employee only, employee & I dependent, and employee & 2+ dependents, For employees
who elect to enroll in the PERS Care Plan, the CITY will contribute the amount equal to the
Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, dependent on the
plan choice (i.e. employee only, employee & I dependent, or employee & 2+ dependents).
The CITY contributes 100% of the dental premium for regular, full-time employees,
Any employee who declines to accept coverage in the PERS Health Program, evidenced by
signing a waiver form, shall receive a monthly Benefits Allowance of $118.75.
Any employee who declines to accept coverage in the Delta Dental Plan, evidenced by signing
a waiver form, shall receive a monthly Benefits Allowance of $25,
The monthly Benefits Allowance for regular part-time employees and full time employees
working less than full time wil1 be pro-rated in proportion to the number of hours worked or
accrued leave hours paid.
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B, Health Insurance
The CITY contracts with the California Public Employees Retirement System for the PERS
Health Benefits Program, The types of health plans currently available to City employees
include statewide self-insured, fee-for-service health plans, and numerous health
maintenance organizations, Employees mayemoll in a PERS plan of their choice; however,
some plans require that an employee live in a specific geographic area.
The effective date of health coverage is the first day of the month following the date of
enrollment. New employees have 60 calendar days from their date ofhire to enroll in a health
plan, In addition to the monthly Benefits Allowance, the CITY will pay the minimum PERS
medical premium of $16 per month on behalf of all active employees emolled in a PERS
health plan,
Employees who retire from the City of Saratoga and who are emolled in a PERS-sponsored
health plan at the time of separation are eligible to continue their coverage. Effective
October I, 1993, the CITY will contribute $1 per month towards the minimum premium for
retirees. This amount will increase annually by 5% until it equals the minimum premium
for active employees, The retiree shall pay the balance of the monthly premium, The
CITY contribution level beginning July I, 2007 is $15.46,
The CITY has a Section 218 agreement with PERS and Social Security allowing employees
hired prior to April I , 1986, to contribute and earn qualifYing credits for Medicare,
C, Dental Insurance
The CITY contracts with Delta Dental for dental insurance, Employees may choose between a
dental maintenance organization and preferred provider plan, The effective date of dental
coverage is the first day of the month following the date of enrollment. New employees have
60 calendar days from their date of hire to enroll in a dental plan,
D. COBRA
Upon separation from employment, employees will be notified in writing of their health and
dental care continuation rights, The COBRA group continuation coverage is provided through
federal legislation (the Consolidated Omnibus Budget Reconciliation Act) and allows
employees who are enrolled in a group health plan and/or dental plan and who separate from
employment, for reasons other than gross misconduct, to continue their group coverage for 18
months (Some employees and/or their family members may be eligible for additional months
of coverage), Election for COBRA coverage must be made within 60 days following
notification of eligibility, COBRA Health is administered by the individual health plans, The
CITY administers COBRA Dental.
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E. Deferred Compensation
The CITY provides employees the opportunity to contribute to an IRS Section 457 deferred
compensation plan. Employees may contribute up to the maximum allowed by law.
Contributions may come from employee's regular earnings through payroll deductions, or
from any unused portion of their Benefits Allowance.
F, Life and Accidental Death Insurance
The CITY provides $50,000 of life and accidental death and dismembennent insurance for all
non-management, and $100,000 oflife and accidental death and dismemberment insurance for
mid-management employees. Coverage shall begin on the first day of the month following
date of hire and ends on the date of separation, Employees may purchase additional life
insurance for themselves and/or their dependents; however, availability of additional insurance
is subject to the group carrier's requirements.
G. Disability Coverage
The CITY provides disability coverage, consisting of Short Term Disability payments and
Long Term Disability insurance, to provide an employee with income protection if the
employee becomes totally or partially disabled from a covered illness, injury, or pregnancy,
Short Term Disability payments are available to employees only within the first six months
from the date of any qualifYing condition, Long Tenn Disability Insurance is available to
employees beginning six months after the date of any covered condition subject to the
provisions of the group insurance plan, For new employees, eligibility for Short Term
Disability payments begins no sooner than six months after the date of hire, while
enrollment in the group insurance plan is effective on the first day of the month following
the date of hire. Coverage under the group insurance plan continues for all employees until
the date on which an employee separates from CITY service,
Short Term Disability Payments - The CITY will pay 75% of an employee's full salary
and maintain existing insurance benefits, subject to eligibility requirements, for an
employee on disability leave, for six months from the date of injury/illness,
In order to be eligible for short term disability, the illness must qualify under the State
Disability Insurance plan (SDI), For information on the SDI program, access the internet at
www.edd.ca.gov or EDD Disability Insurance Customer Service at 1-800-480-3287, or
contact the City's Human Resources Department. All SDI claims have a seven-calendar
day waiting period. Employee will not receive SDI or short term disability payments by the
City during this period, Employees may use their annual leave during this waiting period.
Once an employee is granted SDI benefits, the short tenn disability payments by the City
will commence when all of the employee's accrued annual leave is exhausted. When the
accrued annual leave is exhausted, the short term disability payments by the City must be
prorated with the SDI benefit amount. SDI benefits plus wages cannot exceed the
employee's regular weekly wage.
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For employees injured on the job and who become eligible for Industrial Injury Leave,
Short Term Disability payments will commence upon exhaustion of one-half of accrued
leave, and will be coordinated with any Workers Compensation benefits paid to the
employee, In addition, employees on Industrial Injury Leave may supplement Workers
Compensation/Short Term Disability payments with their remaining accrued leave to
realize up to their full salary.
Short term disability payments are reported to PERS as salary earned,
Long Term Disability Insurance - The CITY provides Long Term Disability Insurance
through a group policy which covers two-thirds of an employee's salary up to $3,000 per
month (i.e., a maximum payment of $2,000 per month). Employees whose salaries exceed
$3,000 per month may purchase additional coverage through the group policy; however
availability of additional insurance is subject to the group carrier's requirements. It is
incumbent on an employee who incurs a disability to file for coverage through the group
policy as soon as he/she believes that he/she may be entitled to receive benefits under the
policy. Failure to apply for coverage shall in no way result in the CITY becoming
obligated to make additional payments to an employee beyond any Short Term Disability
payments for which an employee is eligible,
No disability coverage will be extended to an employee unless the employee is regularly
seen and treated by a physician, Upon making a claim for disability benefits, an employee
must provide a medical history statement and a physician's statement of disability. Upon
return to work, a doctor's certificate is required which states either that the employee has
recovered fully and is able to perform regular work, or the limitations under which the
employee may return to modified duty or part-time work, If the employee returns to work
on a less than regularly scheduled basis during the first six months of a covered disability,
the CITY will supplement the employee's part-time salary with Short Term Disability
payments in the amount necessary to provide the employee with full salary, provided
however that any such Short Term Disability payments do not exceed 75% of the
employee's regular salary,
Employees who become pregnant will be entitled to disability benefits only in the event that
and for the period of time that the employee is actually disabled from work as with any other
disability,
Payments made through a group policy are not reported to PERS as salary earned,
H. Section 125 Plan
The CITY will make available to all employees the option of enrolling in a Section 125
flexible benefits plan (Cafeteria Plan), Under the plan, employees may deduct from their
earnings up to the maximum allowable amounts per calendar year for health care
reimbursement and/or dependent care reimbursement. For the health care portion, these
deductions allow employees to use pre-tax dollars to pay for eligible out-of-pocket expenses
not covered 100% by insurance and not reimbursable by any other source, For the dependent
care portion, employees (and their spouses, if married) with children may use pre-tax dollars to
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pay for eligible dependent care expenses,
Under the plan, employees also have the option of using pre-tax dollars, through payroll
deductions, to pay for required premium contributions to CITY insurance plans,
I. Long Term Care
Employees may purchase long term care insurance through a group benefits program
administered by PERS,
XV. LEAVE
A. Annual Leave
All regular and probationary employees will accrue annual leave at the following rate:
First 60 months of employment -
61 st through 120th month
l21st month and beyond
176 hours per year
216 hours per year
256 hours per year
All employees begin accruing annual leave upon hire, New employees may not use annual
leave during their first six months of employment except for illnesses and other circumstances
approved by their respective Department Heads, Annual leave is to be used for all time off
from work except for Jury Duty and Military leave,
An employee on disability leave shall only be entitled to accrue annual leave within the six
month period after the date of injury/illness, and only if annual leave is being used by the
employee, Accrual of annual leave shall be at a rate proportional to the amount of annual
leave being used by the employee,
An employee on industrial injury leave shall be entitled to accrue annual leave at his/her usual
rate for six months, then at a rate proportional to the amount of annual leave being used by the
employee,
Upon exhaustion of all annual leave, employees on either disability leave or industrial injury
leave shall no longer accrue annual leave,
All use of annual leave is to be scheduled in advance and approved by a supervisor except in
the case of illness or other emergency. On the first day of each absence due to illness, an
employee shall notify his or her immediate supervisor within 30 minutes of the beginning of
the workday, and call in each successive day unless prior notice has been given that a more
lengthy absence is expected,
In the event that an employee is absent from work due to illness for more than five consecutive
work days, the employee must file a written statement from a physician certifying that I) the
employee's condition prevents him or her from performing the duties of the position, and 2)
the employee is or will be sufficiently recovered from the illness to allow return to work on a
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specified date, When absence is for more than two work days but less than five, an employee
may be required to file a physician's certificate at the discretion of the Department Head. In all
cases, the cost for the doctor's visit only (not accompanying medical treatment) as required,
not covered by the employee's insurance program, will be paid by the CITY.
B. Leave Payout
Optional End of calendar year, The members of ASSOCIATION may be paid each
January for their accrued leave in excess of 160 hours, based on length of service at the
following rates:
Service Length
1-60 months
61-120 months
121+ months
% Payout
50%
75%
100%
Mandatory End of calendar year, The members of ASSOCIATION will be automatically
paid out if the annual cap of accrued hours exceeds 600, based on length of service at the
following rates:
Service Length
1-60 months
61-120 months
121+ months
% Payout
50%
75%
100%
In all cases, payment for accrued annual leave shall be at employee's regular rate of pay as of
December 31.
Payout at Separation (excluding retirement). Upon separation from the CITY service, the
CITY agrees to pay 100% of the employee's accrued annual leave at the employee's regular
rate of pay,
When an employee voluntarily resigns from employment, no annual leave may be used
between the time notice of resignation is given and the employee's last day of work unless
authorized by the City Manager,
Payout at Retirement. Upon retirement from the CITY, an employee must use at least half
of their accrued annual leave for the pwpose of obtaining additional service credit under
PERS. Employees may choose to use all ofhis/her accrued annual leave as sick leave for
service credit. If an employee chooses to apply less than 100% of his/her leave toward
PERS service credit, then the remaining accrued annual leave is paid out at the employee's
regular rate of pay,
The CITY shall comply with State and Federal Family Leave Laws and affords employees all
the rights thereof. Family Medical leave and California Family Rights Act leave will run
concurrent with all applicable use of accrued leave and unpaid leave of absences,
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C, Holidays
The CITY observes the following paid holidays:
(1) New Year's Day January 1
(2) Martin Luther King's Birthday 3rd Monday in January
(3) President's Day 3rd Monday in February
(4) MemorialDay Last Monday in May
(5) Independence Day July 4
(6) Labor Day 1 st Monday in September
(7) Columbus Day 2nd Monday in October
(8) Veteran's Day November 11
(9) Thanksgiving Day 4lh Thursday in November
(10) Day after Thanksgiving Friday after Thanksgiving
(11) Christmas Eve December 24
(12) Christmas Day December 25
(13) New Year's Eve December 31
If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on
a Sunday, the following Monday will be observed, In those years in which one of the
Christmas and/or New Year's holidays falls on a weekend, the Friday preceding the
weekend and the Monday following the weekend shall be observed as holidays, In general,
holidays shall be compensated as a regular day's salary,
If a holiday occurs when an employee is using annual leave, the holiday will not be charged
against the employee's annual leave balance. In order to receive holiday pay, an employee
must be on the payroll on the last regularly scheduled work day preceding the holiday and the
first regularly scheduled work day following the holiday with two exceptions:
1, An employee on Disability Leave shall only be entitled to receive holiday pay within the
six month period after the date of injury/illness, If the employee is using annual leave when
the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave
being used in the pay period in which the Holiday falls. If the employee is receiving Short
Term Disability payments in the pay period when the holiday occurs, payment for the holiday
shall be at 75% of the employee's regular rate of pay,
2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay within
the six month period after the date of injury/illness. After six months, holiday pay shall be
prorated to the amount of annual leave, if any, being used by the employee,
D. Jury Duty Leave
Employees who are called for jury duty continue to receive full pay and benefits for that period
of absence, An employee shall be paid the difference between his or her regular salary rate
and the amount of cash pay received, except travel pay, for jury duty. The time spent on jury
duty is not work time for purposes of calculating overtime compensation.
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E, Military Leave
An employee in a reserve component of the anned forces of the United States is entitled to
temporary military leave not to exceed 180 calendar days during any period of ordered duty for
active military training. An employee who has been employed by a public entity, including
prior military service, for at least one year immediately prior to the day on which the absence
begins is entitled to receive full salary and benefits during the first 30 calendar days of such
temporary military leave, in addition to whatever pay is received from the federal government
for training, Pay for such pllIposes shall not exceed 30 days in anyone fiscal year.
F. Industrial Injury Leave
This is leave for an on-the-job injury or illness, Beginning on the date of injury/illness, the
CITY shall pay an employee's full salary for up to the first three consecutive workdays of any
absence due to anyone injury or illness. In the event that such leave exceeds three consecutive
workdays, the employee shall be entitled to Workers Compensation benefits as prescribed by
law, Monies paid through a third party administrator are not reported to PERS as salary
earned. In addition, the employee may use annual leave to supplement Workers
Compensation benefits up to hislher full salary, An employee on Industrial Injury Leave will
continue to receive full CITY paid insurance benefits (medical, dental, life, and long term
disability) for up to 12 months from the date of injury/illness,
In the event that an employee suffers an injury or illness on the job, whether or not medical
treatment is necessary, he or she must advise the supervisor at once and fill out an employee
claim form, An employee must also indicate on their time card any time off taken due to an
on-the-job injury or illness, or for related follow-up medical appointments,
Upon return to work from an Industrial Injury Leave, an employee shall provide a written
statement from a doctor to his/her immediate supervisor stating that a specified number of
appointments are necessary for Workers Compensation approved treatment. This shall occur
before the scheduling of treatment begins, Employees shall be expected to the extent possible
to schedule appointments for follow-up medical treatments so as to minimize the
inconvenience to fellow employees and the impact on the employee's ability to perform
hislher job,
G. Leave Without Pay
It is not the policy of the CITY to grant leaves of absence under most circumstances, In cases
of hardship or for other good and sufficient reasons, the City Manager may grant leaves of
absence upon written request by an employee, for a period up to 90 days, The employee will
not accrue any annual leave while on leave without pay and the leave period will be
considered as discontinuous service, During the time an employee is on leave without pay, the
CITY may discontinue paying for insurance benefits on behalf of the employee, although the
employee shall have the option to continue benefits at hislher own cost.
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H. Exempt Employees
Exempt employees are paid on a salary basis. Tbis agreement shall not be construed to permit
or require weekly salary reductions affecting FLSA exempt employees, except as permitted
under the FLSA.
I. Confidential Employees
The CITY may designate certain employees as "Confidential," Confidential employees are
privy to management decisions and related confidential information regarding
employer/employee relations, Employees designated as Confidential shall be restricted from
representing ASSOCIATION on matters within the scope of representation.
Effective on the date of this agreement, employees occupying the following positions are
designated as "Confidential":
Position
City Clerk
Human Resources Manager
Office Specialist (payroll Clerk)
Executive Assistant to the City Manager
Account Clerk
Accountant
Senior Accountant
IT Analyst
Department
City Manager's Office
City Manager's Office
Administrative Services
City Manager's Office
Administrative Services
Administrative Services
Administrative Services
Administrative Services
J. Administrative Leave
CITY shall grant ASSOCIATION members in exempt classifications, on a fiscal year basis,
twenty (20) hours of administrative leave, Such leave shall be taken in a manner consistent
with the use of general leave, Administrative leave cannot be carried over from year to year,
and must be used by June 30th of the fiscal year in which it was accrued,
XVI. RETIREMENT (PERS)
The CITY is a contracting agency of the California Public Employees Retirement System (PERS).
Regular employees become members immediately upon employment and become vested after five
years, The CITY pays the employees' required contribution (7% of employee's compensation) in
addition to the City's contribution as a contracting employer. PERS law states that compensation
means remunerations paid out of funds controlled by the employer,
The CITY through its contract with PERS provides for retirement benefits including 2% at 55
(effective September I, 1999), one year final compensation, service credit at retirement for unused
sick leave, survivor continuance, and 1959 survivor benefits (Level 3) if death occurs prior to
retirement. In addition, the City's PERS contract allows veteran employees to purchase years of
military service for retirement credit.
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The CITY maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to
provide this benefit to all current employees through age 55, (i.e, for 35 years or through the year
2034). Funds deposited into the Retirement Reserve Fund by the CITY, along with all interest
accruing thereto, shall belong to the CITY and shall be commingled with the City's investment
portfolio. In October of each year, the CITY shall review the past and projected performance of
the Retirement Reserve Fund, along with actuarial data provided by PERS, in order to determine
the amount to be deposited into the Retirement Reserve Fund on July 1. By May I of each year,
the CITY shall report to ASSOCIATION the amount of its next contribution to the Retirement
Reserve Fund along with the asswnptions used to determine the contribution amount.
Employees who retire from the City of Saratoga and who are enrolled in a PERS-sponsored
health plan at the time of separation are eligible to continue their coverage as described in
section XIV,B, above,
XVII, UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time Facility, Park and Street Maintenance employee shall receive an allowance
of $350 (three-hundred-fifty dollars) per fiscal year for the purchase of pants and safety boots, and
for uniform cleaning, Three shirts per employee per year are purchased directly by the CITY, in
colors designated by the department head, Community Service Officers shall receive an
allowance of $500 (five-hundred dollars) per fiscal year for purchasing and cleaning their
uniforms, Building Inspectors (including Building Official) shall receive an allowance of $150
(one-hundred-fifty dollars) per fiscal year for protective clothing, The Uuiform and Clothing
Allowances shall be paid on the second pay date in July. The Uuiform and Clothing Allowances
shall be prorated for a newly hired employee from the date of hire,
Uniform and clothing allowances are reported to PERS as salary earned,
XVrn. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least three months
prior to the commencement of an approved or required course are eligible for the City's tuition
reimbursement program,
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, 100% reimbursement will be afforded for tuition, fees and books by the CITY up to a
maximwn of $1,000 (one thousand dollars) per employee per fiscal year, Job-relatedness will be
determined by the Department Head and City Manager.
If the course(s) is/are not specifically job related and not in fulfillment of the requirements for a
degree or certificate, reimbursement will be afforded for tuition, fees and books by the CITY at
100%, up to a maximwn $500 (five-hundred dollars) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements,
Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system,
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XIX. GRIEVANCE PROCEDURE
Definition: A grievance is defined as any dispute concerning the interpretation or application of
this written MOU or work related problems.
A grievance may only be filed if it relates to a management interpretation or application of
provisions of this Memorandum of Understanding which adversely affects an employee's wages,
hours or conditions of employment.
Specifically excluded from the grievance procedure are:
1. Subjects involving amendment or change of a City Council resolution, ordinance, minute order
or this Memorandum of understanding,
2, Dismissal, suspension, or reduction in rank or classification.
3. Probationary dismissals,
4. Content of performance evaluations,
5. Violation, misinterpretation, or misapplication of Civil Service Rules of provision of the City
Code,
6. Complaints regarding occupational health and safety or the applicable procedures for such
complaints,
7. Disciplinary Actions,
Step 1. The grievant shall discuss his or her written grievance with his or her immediate supervisor
within five (5) working days following the event upon which the grievance is based or five (5)
days following the day the grievant is aware of or should have been aware of the event upon which
the grievance is based, A copy of all grievances filed with the immediate supervisor shall also be
filed at the same time with the City Manager.
The immediate supervisor shall answer the grievance in writing within three (3) working days of
the discussion with the grievant.
Step 2, If the grievant is not satisfied with the decision at Step 1, or if no decision is received, the
grievant may appeal the decision in writing within five (5) working days to the Department Head.
The Department Head will meet with the grievant within three (3) working days of his or her
receipt of the grievance appeal and issue a written decision within three (3) working days of the
grievance meeting.
Step 3. If the grievant is not satisfied with the decision at Step 2, or if no decision is received, the
grievant may appeal the decision in writing within five (5) working days to the City Manager,
The City Manager will meet with the grievant within five working days of his or her receipt of the
grievance appeal and issue a written decision within five (5) working days of the grievance
meeting.
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Step 4, If the grievant is not satisfied with the written decision from the City Manager, or if no
decision is offered, the ASSOCIATION, on behalf of the grievant, may appeal the decision in
writing within ten (10) working days to the City Council. The unit member may appear at the
hearing with an ASSOCIATION representative,
Upon receipt of the grievance appeal, the City Council will review the matter and resolve it by
final decision that will be binding and conclusive on all concerned, The Council will exert all
reasonable efforts to complete its review and inform the employee of its decision within two
weeks after receipt of the appeal,
XX. SCOPE OF AGREEMENT
Tbis Memorandum of Understanding represents the entire and complete understanding reached
between the representatives of the City of Saratoga and the representatives of the Saratoga
Employees Association for the period designated and applies to all positions represented by the
Saratoga Employees Association,
XXI. RATlFICATION
Tbis Mernorandum of Understanding is subject to ratification by a majority vote of the members
of the Saratoga Employees Association. City Council adoption of Resolution No, 85,9-138 and
ratification by the ASSOCIATION will put the terms of this Memorandum into effect.
Representative of the
City of Saratoga:
Representative of the
Saratoga Employees Association:
Dave Anderson, City Manager
Beverly Tucker, President
Date:
Date:
19
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
N
W ~~J c::::;/
ORIGINATING DEPT: City Manager
PREPARED BY: CD~
CITY MANAGER:
DEPT HEAD:
Cathleen Bover. City Clerk
Dave Anderson. City Manal!er
SUBJECT: Designation of Voting Delegate for League of California Cities Annual
Conference
RECOMMENDED ACTION:
Designate a voting delegate and alternate for the Leagne's Annual Conference.
REPORT SUMMARY:
The League ofCalifomia Cities Annual Conference is scheduled for Wednesday, September 6
through Saturday, September 9, 2006, The League bylaws provide that each city is entitled to one
vote in matters effecting municipal or League policy. The deadline to return the "Voting
Delegate Form" to the League ofCalifomia Cities is Friday, August 15,2006.
The deadline to register to attend the conference is August 11, 2006, Please contact Ann
Sullivan, Executive Assistant to the City Manager, if you are interested in attending,
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would not be represented at the 2005 League Conference.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Send Voting Delegate Form to the League,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Voting Delegate Form
e
e
e
"
1400 KSTll.EET
SACRAMENTO, CA 95814
1'H:(916) 658-8200
FX: (916) 658-8240
l ~ ~F~n211H
~CITIES
WWW.CACITIES.ORG
June 7, 2006
TO: Mayors, City Managen and City Clerks
RE: Designation of Voting Delegate and A1ternateJor 2006 League
Annual Conference - September 6-9, San Diego
Please review this memo carefully, as new procedures have been adopted regarding
designation of voting delegates and alternates and voting at the Annual Conference.
The League's 2006 Annual Conference is scheduled for September 6-9 in San Diego, An.
important part of the Annual Conference is the Annual Business Meeting, scheduled for Saturday
morning, September 9, At this meeting, the League membership considers and takes action on
resolutions that establish League policy.
In order to vote at the Annual Business Meeting your city council must designate a voting
delegate and may designate a voting delegate alternate.
Please complete the attached voting delegate form and return it to the League's office no
later than August 15 so that voting delegate/alternate records may be established prior to
the conference. At the conference, voting delegate forms may be returned to the Voting
Delegate desk located in the conference registration area.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting,
. Action by Council Required. Consistent with League bylaws, a city's voting delegate
and alternate must be designated by the city council. When completing the attached
voting delegate form, please attach either a copy of the council resolution that reflects the
council action taken, or, have your city clerk or mayor sign the form affirming that the
names provided are those selected by the city council. Please note that designating the
voting delegate and alternate must be done by city council action and cannot be
accomplished by individual action of the mayor alone,
· Conference Registration Required. The voting delegate and alternate must be
registered to attend the conference, At least one must be present at the Business Meeting
and in possession of voting card in order to cast a vote:
. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
card may be transferred freely between the voting delegate and alternate, but only
between the voting delegate and alternate, If the voting delegate and alternate find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official,
-over-
wi
wi
..
.
· Options. In order to plan ahead for such situations, we suggest that when your council
adopts the initial resolution designating the voting delegate and alternate that they also
designate in a separate action, a second alternate, should one be needed, Verification of
the appropriate city council action to designate the additional alternate should be used by
the individual when requesting new alternate status at the voting desk, (please note: A
League bylaws change will be proposed at this year's conference to increase the number
of alternates to two, However, if enacted, such a change will not go into effect until the
2007 conference,)
. New Seating Protocol during General Assembly. At the Business Meeting, individuals
with the voting card will sit in a separate area. Admission to this area will be limited to
those individuals with a special stamp on their name badge identifying thern as a voting
delegate or alternate, If the voting delegate and alternate wish to sit together, both should
sign in at the Voting Delegate desk and obtain the special stamps on their badges,
The voting procedures that will be used at the conference are attached to this memo, Please share
them with your council and especially with the individuals your council designates as your city's
voting delegate and alternate,
The Voting Delegate desk in the registration area will be open September 6, 7 and 8 and prior to
the Business Meeting on September 9, The Voting Delegate desk will also be open at the
Business Meeting, but not during a roll call vote, should one be undertaken,
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by August 15,2006, If you have questions, please call Debbie Kinsey at
(916) 658-8221.
Attachments:
. 2006 Annual Conference Voting Procedures
. Voting Delegate/Alternate Form
l ~ ~F~~2~~
~CITIES
1400 K Street. Suite 400 . Sacramento. California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Annual Conference Voting Procedures
2006 Annual Conference
I. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy,
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council designates a voting delegate and an alternate; these individuals are identified in the
Voting Delegate Form provided to the League Credentials Committee.
3, Registering with the Credentials Committee. The voting delegate, or alternate, may pick
up the city's voting card at the voting card desk in the conference registration area,
4, Signing Initiated Resolution Petitions, Only those individuals registered and with
signatures on file with the Credentials Committee may sign petitions to initiate a resolution,
5, Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee,
6, New Voting Area at Business Meeting. At the Business Meeting, individuals with the
voting card will sit in a separate area, Admission will be limited to those individuals with a
special stamp on their name badge identifying them as a voting delegate or alternate. If the
voting delegate and alternate wish to sit together, both should sign in at the Voting Delegate
desk and obtain the special stamps on their badges,
7. Resolving Disputes, In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
""
..
"
~ LEAGUE
~ OF CALIFORNIA
CITIES
I CITY ~ ( (X1C~::}O
I
2006 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by August 15, 2006. Forms not
sent by this deadline may be returned to the Voting Delegate Desk located iu the Annual
Coufereuce Registration Area.
In order to vote at the Annual Business Meeting, voting delegates and alternates must be
designated by your city council. Please attach the council resolution as proof of designation, As
an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects
the action taken by the council.
Please note: At this year's conference, voting delegates and alternates will be seated in a
separate area at the Annual Business Meeting, Admission to this special area will be limited to
individuals (voting delegates and alternates) who are identified with a special stamp on their
conference badge, If your city's voting delegate and alternate wish to sit together at the Business
Meeting, they are both encouraged to register at the Voting Desk in order to obtain the
identifying stamp that will admit them to the special voting area,
1. VOTING DELEGATE
2. VOTING DELEGATE ALTERNATE
Name:
Name:
Title:
Title:
ATTEST (I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate.)
N=, 20.\ h\!X'() ~
Title: \\--\ C \e-( VI
Phone:(jl$) 0kf3 \ 6)(cC(
Date:
Please complete and return bv Aueust 15 to:
League of California Cities
ATTN: Debbie Kinsey FAX: (916) 658-8240
1400 K Street
Sacramento, CA 95814
AC2006VotingDelegateLetter.doc
.
SARATOGA CITY COUNCIL
MEETING DATE: July 19,2006
AGENDA ITEM:
ORIGINATING DEPT: Community
Development
PREPARED BY: Jonathan Wittwer CiJ-
Assistant City Attorney
CITY MANAGER:
P J t::7"
on
SUBJECT: Adoption of an ordinance amending section 9-15,065 of the Saratoga City Code
relating to vehicles used as living or sleeping quarters
RECOMMENDED ACTION:
Conduct public hearing, read title of proposed ordinance relating to vehicles used as
living or sleeping quarters, waive reading of full ordinance, direct staff to place ordinance
on consent calendar for second reading,
DESCRIPTION:
The City Code currently limits the length of stays allowed for use of an RV or similar
vehicles to 72-hours, (Section 9-15,065.) City staff has received complaints regarding
RVs being used for multiple 72-hour stays (with an interruption after each 72-hour stay),
Staff has interpreted the ordinance as allowing the use of an R V or similar vehicles for
only a reasonable limited period of time but has determined that the ordinance could be
clarified on this point. In order to strengthen the City's position in enforcing Section 9-
15,065, staff recommends that the language be amended to clarify the intent of the
existing law as to what is meant by a reasonable period of time and to modify the
ordinance in certain other respects to ease administration.
The attached amendment would revise the ordinance to allow for the use of an RV for
living or sleeping quarters for a total of up two weeks per calendar year and would allow
the Community Development Director to approve reasonable extensions to that two week
period, Extensions allowing use for more than a total of four weeks in a calendar year
could be approved only after notice to adjoining landowners, Separate visits are allowed
so that, for example, an R V may be used as living quarters by one group of friends or
relatives for eight days and subsequently the same or a different set of relatives or friends
I
.
may uf'the sre RV (or a different one) for six (6) days,
The atendpt~nt would also require a permit from the Community Development
Departtpent if an RV not owned by the resident is brought onto a property and used as
living or sleep quarters for any period of time, (Note that the requirements in this
ordinance are in addition to the requirements of section 15-12.160 concerning the storage
of personal property in required setback areas, Accordingly, an RV authorized for use as
a sleeping or living quarters by this ordinance could remain in a front yard or unscreened
side or rear yard for only five consecutive days unless the resident obtains a permit for an
extended use period in accordance with section 15.12-160, Staff would work to
administer the permit requirements of the two aspects of the Code concurrently to
minimize inconvenience to applicants,)
Finally, the amendments would clarify that only one RV at a time may be used for living
or sleeping quarters and would conform various terms used in the first and second
paragraphs of the ordinance, The current Section 9-15,065 lists trailers, campers and
recreational vehicles as those vehicles which are permitted to be used for living or
sleeping quarters. The proposed amendment has added "motor homes" to this list as they
are a type of vehicle listed in the first paragraph of the Code Section and Staff views
motor homes as equivalent to RVs, Motor homes, therefore, have been expressly listed as
among those vehicles which are permitted to be used as living or sleeping quarters, but
subject to the restrictions of Section 9-15,065 as proposed to be amended, On the other
hand, a camp trailer, which contains a pop-up tent, is not considered appropriate as a
living or sleeping quarters,
ALTERNATIVES:
· Decline to recommend amendment of the City Code and leave City staff to continue
enforcement of vehicles used as living or sleeping quarters pursuant to the current
Section 9-15,065.
· Require a temporary parking and occupancy permit whether the RV is owned by the
resident or not.
· Adopt different standards for vehicles used as living or sleeping quarters,
FISCAL IMPACTS:
Not applicable,
FOLLOW UP ACTION(S):
2
.
Place ordinance on consent calendar for second reading,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting,
A TT ACHMENTS:
Proposed Ordinance
3
ORDINANCE
AN ORDINANCE AMENDING SECTION 9-15.065 OF THE
SARATOGA CITY CODE RELATING TO
VEHICLES USED AS LIVING OR SLEEPING QUARTERS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1.
Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold
double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., slrikeeat). Text in standard font remains unchanged by this ordinance.
Section 9-15.065 of the Saratoga City Code is amended to read:
9-15.065 Vehicles used as living or sleeping quarters.
No vehicle, including any boat, bus, trailer, motor home, recreational vehicle. van, camper
(whether or not attached to a pickup or other vehicle), camp trailer, automobile, truck, pickup,
airplane, haul trailer, truck tractor, truck trailer, utility trailer, or any device by which any person
or property may be propelled, moved or drawn, shall be used for living or sleeping quarters,
except as permitted below:
Onlv one trailers, motor home. campers or recreational vehicles at a time may be used fur
Iivin!! or sleenin!! "uarters by a bona fide gaest Bf a City resident for a tDiIll period for all of
such uses not to exceed seventy twe holH's where two weeks in one calendar Year. the trailer,
eamper or reereatienal ','ehiele is leeated on sHeh resident's JlFeflefty, Upon written request, from
a City resident, the Communitv Develonment Director City Manager or ffis the Communitv
Develonment Director's designee may grant reasonable time extensions ofthis two week
limitation exeffijltien Jleried, No such time extension may cause the calendar year limit to be
exceeded bv more than an additional two weeks unless an annlication has been filed
therefor and nrior to actin!! on that annlication. notice has been !!iven to nronertv owners
within one hundred flftv feet of the nronertv on which the temnorarv narkin!! and
occunancv extension is nronosed. at least ten days before a decision on the nermit is made.
In addition to the fore!!oin!!. nrior to a trailer. motor home. camner or recreatjonal vehi~le
not owned bv a resident of the nronertv bein!! brou!!ht onto nronertv and used for Iivin!! or
sleenin!! "uarters. the resident oCthe nronertv sb3JI annl)' for. Day the annJication fee for.
and obtain a temnorarv narkin!! and occunancv nermit from the Communitv Develonment
Director or his/ber desi!!nee.
Section 2. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act, this action is exempt under CEQA
Guidelines Section 15308 (the amendment is exempt because it assures the maintenance,
restoration, enhancement, or protection of the environment) and CEQA Guidelines Section
1
15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA),
Section 3.
Clarification of Existing Law.
With the exception ofthe requirement for a temporary parking and occupancy permit for living
or sleeping in those types of vehicles for which it is allowed and which are not owned by the
resident of the property, this proposed ordinance will merely clarify language in the City Code
relating to vehicles used as living or sleeping quarters, The proposed clarifications would not
cause a change in existing law. This ordinance would instead clarify and reconfirm existing law.
Section 4,
Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the _ day of , 2006, and was adopted by the
following vote following a second reading on the _ day of , 2006:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
Norman Kline
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
Cathleen Boyer
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
Richard S. Taylor
CITY ATTORNEY
2
SARATOGA CITY COUNCIL
PREPARED BY:
John Livings
MEETING DATE: Jnly 19, 2006
AGENDA ITEM:
DEPTHEAD:
SUBJECT: AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION
15-12.160 OF THE SARATOGA CITY CODE RELATING TO STORAGE OF
PERSONAL PROPERTY (INCLUDING BOATS AND RECREATIONAL VEHICLES),
AND SECTION 15-95,030(b) RELATING TO THE ENFORCEMENT OF SUCH
STORAGE REGULATIONS, AND ADDING SECTION 15-06,535 PROVIDING A
DEFINITION OF "RECREATIONAL VEHICLE."
RECOMMENDED ACTION:
Conduct public hearing, read title of proposed ordinance amending existing regulations
regarding the storage of personal property (including boats and recreational vehicles) and
enforcement of such storage regulations, and adding definition of "Recreational Vehicle,"
waive reading of full ordinance, and direct staff to place ordinance on consent calendar for
second reading,
DESCRIPTION:
Complaints have been filed with the City regarding violation of existing City Code Section
15-12,160 regarding the storage of boats and recreational vehicles in front yards I on private
property for five days or more and periodically removed to the public street or another
location for 72 hours' before being returned for further storage in those front yards, Some
Saratoga residents have contended that the existing City Code does not prohibit storage of
boats and recreational vehicles in this manner, That is not the intention of the City Code and
is not the manner in which it has been interpreted and applied,
I While the complaints have centered around storage in front yards, Section 15-12.160 applies to front yards, exterior
side yards or rear yards of comer lots, and rear yards of double frontage lots. The proposed ordinance amendment would
also apply to each of these yards.
2 Saratoga City Code Section 9-25.010 establishes a 72 hour limit on any vehicle being parked
1
In addition, some Saratoga residents have contended that the "five day rule" in Section 15-
12,160(b) applies only to trash, garbage and refuse under Subsection 15-12,160(b)(6),
because the prohibition on returning the personal property to the front yard is physically
located under that Subsection, Staff s view is that Section 15,12-160 is properly interpreted
to read that the limitations on storage of personal property and materials in the required front
yard applies to storage of all items listed in Subsection 15-12.160(b), not just trash, garbage
and refuse.
In order to provide clearer direction to City residents and to strengthen the City's position in
enforcing Section 15-12,160" it is recommended that the language in the City Code be
amended to clarify the existing law as interpreted by the City and to conform with other City
Code provisions. The Planning Commission has conducted two public hearings on a
proposed ordinance for this purpose, Attachment 1 to this Staff Report is the proposed
ordinance as recommended for adoption by the Planning Commission,
Over the course of the two public hearings before the Planning Commission there were
speakers from approximately 24 separate families with approximately 10 appearing to favor
the proposed ordinance in concept and approximately 14 opposed, The primary point raised
by a significant number of speakers was that for a boat or an R V normally stored off-site and
brought to the owner's property to prepare it for use it normally takes 1 to 3 days for
preparation time both before the use and after the use, In addition, several uses per year is
the norm, Another issue raised was clarification of the existing provision allowing screening
in otherwise prohibited yards other than the front yard. This latter issue related particularly
to whether anything other than a fence could be used for screening from public view and the
required height of the screening. The approach taken as to these and other issues in the
ordinance recommended by the Planning Commission is discussed under the specific
headings below,
Separate Limitations as to "Consecutive Davs" of Storal!:e and "Total Calendar Year"
Storal!:e. The recommended ordinance establishes both a "consecutive day" storage limit
and a "total calendar year storage days" limit. In this version of the proposed ordinance,
storage is limited to five consecutive days and a total of 18 days per calendar year, Items
listed in City Code Section 15-12,160(b)(1)-(5) which are stored in the front yard for five
consecutive days must be removed and may subsequently be returned to the front yard so
long as the 18 day calendar year total will not be exceeded, These limitations apply only in
the otherwise prohibited areas (required front yard, required exterior side yard or rear yards
of corner lots, rear yards of double frontage lots, unimproved lots, and any unimproved right
3 Section 15-12.160 is in the R-I District regulations, but Sections 15-13.160 and 15-17.160 incOlporate it by
reference as follows: "The regulations and restrictions set forth in Section 15-12.160 of this Chapter, pertaining to
the storage of certain items of personal property, shall apply to the HR district and the same are incorporated herein
by reference."
2
of way of any public street), These limitations may be avoided by proper screening in those
prohibited areas, except for the required front yard, The Community Development Director
has the authority to grant extensions of both the five consecutive day limitation and the 18
day total calendar year limitation,
The recommended ordinance also addresses concurrent storage and sequential storage by way
of the following examples, Ifa boat and an RVare concurrently stored for five days, the
total time accrued is five days, However, if a boat is stored for four days and subsequently
an R V is stored for three days, the total time accrued is seven days, Once the two week
"calendar year" time limit has expired, no item listed in Subsections (I) - (5) of Section 15-
12,160 maybe stored for the remainder of the calendar year, unless in an area not limited by
Section 15-12,160, or screened from public view in compliance with Subsection (c), or
pursuant to a temporary storage permit issued pursuant to Subsection (d),
Deletion of Stora~e of Trash. Garba~e and Refuse Subsection, A change unrelated to
boats or R V s was made by deleting trash, garbage and refuse from being allowed to be stored
in the prohibited areas. Upon reviewing City Code Section 7-05,070, staff determined that
Section 15-12,160(b)(6) should be deleted to avoid inconsistency, Section 7-05,070(c)
provides that: no garbage containers shall be placed at curbside or other location visible to
the public prior to 12:00 Noon on the day preceding the day on which garbage is scheduled to
be picked up by the Garbage Collector, and all garbage containers shall be removed from the
curbside or other location visible to the public not later than 12:00 Noon on the day following
the day on which garbage has been picked up by the Garbage Collector, Hence the City has
adequate regulations addressing garbage containers, The City also has adequate regulations
addressing the placement of recycling in the curbside area, Trash, garbage or refuse should
not be stored in the prohibited areas outside of garbage containers in a manner inconsistent
with Article 7-05 of the City Code.
One question raised by a Planning Commissioner was whether items left for pick up by a
charity such as Goodwill would still be allowed, . This is not addressed in the City Code and
no problem associated with such an activity has been reported to Code Enforcement. The
Planning Commission did not address it in the recommended ordinance,
Enforcement Remedies, Another revision in the recommended ordinance is the amendment
of 15-95,030(b) which governs enforcement of Section 15-12,160, Section 15-95,030
provides that a violation of Section 15-12,160 constitutes an infraction and a public nuisance,
subject to the penalties prescribed in Chapter 3 of the City Code, It has been the City's
practice to first enforce against a violation of Section 15-12,160 as an infraction and then
proceed with nuisance abatement if the infraction penalty does not cure the violation, A
violation of Section 15-12, I 60 constitutes an infraction and a separate offense accrues for
each and every day during any portion of which any violation is committed, continued, or
3
permitted, and is punishable accordingly, Any person convicted of an infraction under
Section 15-12,160 shall be punishable for a first conviction by a fine of not more than one
hundred dollars, for a second conviction of the same ordinance within a period of one year by
a fine of not more than two hundred dollars, and for a third or any subsequent conviction of
the same ordinance within a period of one year by a fine of not more than five hundred
dollars.
If enforcement as an infraction does not cure the violation, the City is authorized to proceed
under Article 9-55 for violations of Section 15-12,160 with enforcement against a public
nuisance, Article 9-55 establishes a procedure which allows for the abatement of the
nuisance through removal of the personal property and the assessment of the costs of such
removal as a lien on the property, The nuisance abatement procedure is much more involved
than enforcement as an infraction. The nuisance abatement procedure commences with a
notice of intent to abate, which may be appealed to a Hearing Officer, However, the Article
3-15 nuisance abatement process is sometimes preferable and allows for greater flexibility
(including the ability to impose liens), For this reason, the recommended ordinance includes
the amendment of Section 15-95.030(b) to include use of Articles 3-15 and 3-20 (emergency
nuisance abatement) in addition to Article 9-55,
Clarification ofthe Relationship Between Subsection (a) and (b) of Section 15-12.160.
Current Subsection (a) prohibits unenclosed storage of personal property in the R-l District
(and by references elsewhere in the City Code also in the HR and R-M Districts), Clearly
Subsection (b) is intended to provide exceptions to that blanket prohibition, The
recommended ordinance has been revised accordingly, including some additional related
technical changes,
Limit on Lenl!:th of Time for Temporary Permit. There is currently no express limitation
on the length of time for which a temporary storage permit may be granted, The
recommended ordinance provides a limitation of 14 days on the length of time a temporary
storage permit may be extended without notice to the neighbors and a ten day opportunity to
comment to the Community Development Director before any longer temporary storage
permit is granted,
Prohibition of Storal!:e on Vacant Parcel or Ril!:ht-of-Wav for Public Street. These
prohibitions are expressly stated in Section 15-12.160, They are not new,
Limitation of Storal!:e Related to Construction Which Does Not Reauire a Permit to 30
Davs, The recommended ordinance now allows of storage of construction materials where
no City permit was required for the construction, but limits it to 30 days,
4
Insertion ofterm "Recreational Vehicle" into Subsection (b )(2), In reviewing Section 15-
12,160, it was recognized that recreational vehicles are not a listed item in the current Section
15-12.160, Therefore, the language in Subsection 15-12,160(b)(2) referencing "trailers of
any kind or make" was clarified to include any "recreational vehicle,"
Use of Term "automobiles in fullv oDerational condition". Section 15-12,160(b)(1)
does not limit the storage of "automobiles in fully operational condition," At the
Planning Commission meeting, the Assistant City Attorney was asked whether this
would prohibit storing a fully operational vehicle registered as nonoperational. The
response was that as long as the automobile was in fact in fully operational condition,
the language in the proposed ordinance would not prohibit its storage, The Planning
Commission did not address this issue in its recommendation, If the City Council
would like to address it, language in existing City Code Section 9-10,080 defining
"Inoperative vehicle" could be used,
"Inoperative vehicle" means a vehicle which is not capable of being
operated, or permitted to be operated, on the public streets and
highways of the State because of mechanical deficiencies or lack of
current valid vehicle registration or license documents,
ALTERNATIVES:
. Decline to amend the City Code and leave City staff to continue enforcement of
storage of personal property and materials pursuant to the current Section 15-12,160
and 15-95,030,
. Establish different standards for storage of personal property and materials and
enforcement of Section 15-12.160,
FISCAL IMPACTS:
Not applicable
FOLLOW UP ACTION(S):
Place ordinance on consent calendar for second reading,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice given pursuant to Government Code Sections 65853 and 65090,
ATTACHMENTS:
I-Recommended Ordinance
2-Resolution of Planning Commission
5
. Attachment 1.
ORDINANCE
AN ORDINANCE AMENDING SECTIONS 15-12.160 AND 15-95.030(b) AND ADDING
SECTION 15-06.535 OF THE SARATOGA CITY CODE RELATING TO
STORAGE OF PERSONAL PROPERTY AND MATERIALS
THE CITY COUNCIL OF THE CITY OF SARA TOGA DOES ORDAIN AS FOLLOWS:
Section 1.
Adoption,
The Saratoga City Code is amended as set forth below, Text to be added is indicated in bold
double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeoHt). Text in standard font remains unchanged by this ordinance,
A. Section 15-12.160 ofthe Saratoga City Code is amended to read as follows:
15-12,160 Storage of personal property and materials.
(a) Unenclosed storage of personal property is not permitted in any R 1 this district. excent as
nrovided in subsection (b) below.
(b) Unenclosed storal!e of nersonal nronertv is nermitted in this district in anv area other
than Ne mu; portion of any required front yard, and no Jlortion of any required exterior side or
rear yard of comer lots, lIHd rear yards of double frontage lots and anv unimnroved Darcel or
anv unimnroved ril!ht-of-wav of anv nublic street. in which areas such storal!e is
nrohibited. exeept aG hereinafter Jlrovidea, shall, In those nrohibited areas. one or more of
the items listed in suhsections (1) throUl!h (5) below mav be stored so lonl! as such storal!e is
D.ll1.for any period of time in excess of five consecutive days and not in excess of a total of t 8
davs in anv calendar vear, be \IGed fur the \Inenelosed storage of any of the following. Ell.I:
examnle. if multinle items listed in subsections (1) throul!h (5) below are stored
concurrentlv in the areas identified above for five consecutive davs. such storal'e shall
constitute a total of five davs of the 18 davs allowed ner calendar vear. On the other hand.
if. for examnle. a boat is stored for four consecutive davs and subseouentlv a recreational
vehicle is stored for three consecutive davs. such storal!e shall constitute a total of seven
davs of the 18 davs allowed ner calendar vear, No item nrohibited bv this section from
additional time of storal!e mav be storel! on such site or vard unless in comnliance wi!!!
subsection (c) of this Section or nursuant to a temnorarv use nermit issued nursuant to
subsection (d) of this Section.
(1) Motor vehicles, except this section does not limit storal!'e of automobiles in fully
operational condition and currently registered and licensed for operation on public highways and
in canable of normal daily use by the occupants of the site.
(2) Recreational vehicles and trailers of any kind or make, Camper units detached from the
truck or other motor vehicle for which they are designed or customarily used shall be considered
trailers for the pwpose of this Section.
(3) Boats.
(4) Parts of any of the items of property described in (1), (2) or (3) ofthis subsection,
(5) Building or construction materials, except this section does not limit storape of those
materials reasonably required for work under construction on the premises pursuant to a valid
1
and effective building permit issued in accord with Chapter 16 of this Code. or for work as to
which no buildin!! Dermit is reouired and whicb involves stora!!e for no more than 30 davs,
In the event the buildin!! Dermit is for new construction or remodel affectinp more than
fifty Dercent of either the floor area or the exterior walls. Section 16-75.050 shall aDDlv.
(6) Trash, garbage or refuse, mreept as previded BY }.rtiele 7 05 in ChllJ3ter 7 oftllis Code,
f.ny ef the foregoing items of preperty whieh have Been stered en a site or yard deseribed herein
for less thaR fi'ie eenseelltive days and theR remo-ied, shall Rot again be stered on sueh site or
yard unless in eempliaRee '1/ith suBseation (a) of this SeatioR or pursuant to a temporary use
peRRit issued purSHaRt to subseetion (d) oftllls SeatioR,
(c) The items of property described in subsection (b) of this Section may be stored in exterior
side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of
five consecutive days where a fence has been legally constructed and/or a comDact ever!!reen
hed!!e or other ever!!reen screen in!! has been le!Jallv installed of sufficient at least six feet in
height and of a type which screens the stored property from public view and reasonably prevents
such property from becoming a nuisance.
(d) The Community Development Director shall have authority, in cases of practical difficulty or
hardship, to grant temporary permits for storage of the items of property described in subsection
(b) of this Section in front, side or rear yards of sites for limited periods of time in excess of five
consecutive days or in excess of 18 davs Der calendar vear. Application for such storage
permits shall be in writing, on forms furnished by the City and shall include a site Dlan
showin!! the area of the reouested stora!!e. llHIl Any permit issued pursuant thereto shall be in
writing, shall describe the personal property to be stored, and the location and time limit of the
storage. The Community Development Director may impose reasonable conditions in any such
storage permit, which shall be agreed to in writing on the face of the permit by the applicant
prior to the permit being issued. No such nermit mav cause the calendar vear limit to be
exceeded bv more than an additional 14 davs unless >>rior to actin!! on an aD>>lication for a
stora!!e Dermit. notice has been !Jiven to DrODerty owners witbin one hundred fifty feet of
the DrODerty on which the stora!!e is DroDosed. at least ten davs before a decision on the
Dermit is made.
(e) For purposes of this Section, the term "unenclosed storage" means storage of items which are
not completely enclosed within a structure or completely screened from public view by a
permanent solid fence or wall which structure, fence or wall has been constructed or installed in
accordance with Chapter 15 of this Code,
B. Section 15-95,030(b) of the Saratoga City Code is amended as follows:
15-95,030 Storage of personal property and materials,
****
(b) The violation of any of the following regulations contained in this Chapter is hereby declared
to be unlawful and shall constitute an infraction and a public nuisance subject to the remedies.
fines. Dunishments or penalties as prescribed in Chapter 3 of this Code (all of which are
cumulative):
****
2
(3) Regulations concerning the storage of personal property and materials, as set forth in
Sections 15-12.160, 15-13.160, 15-17.160 and 15-80,060, subject to the provisions of Article 9-
55 and/or Articles 3-15 and 3-20.
C. Section 15-06,535 is added to the Saratoga City Code to read as follows:
15-06,535 Recreational vebicle,
"Recreational vebicle" means anv vebicle used for recreation and desilmed for buman
habitation for recreational. emerl!encv. or other occunancv. and not includinp' n3ssenlIer
vebicles.
Section 2, California Environmental Quality Act
Pursuant to the California Environmental Quality Act, this action is exempt under CEQA
Guidelines Section 15308 (the amendment is exempt because it assures the maintenance,
restoration, enhancement, or protection ofthe environment) and CEQA Guidelines Section
15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA).
Section 3,
Clarification of Existing Law.
Except for deleting Section (b)( 6) in Section A and for Sections B and C, this proposed
ordinance will merely clarify language in the City Code relating to the storage of personal
property and vehicles. The proposed clarifications would not cause a change in existing law.
This ordinance would instead clarify and reconfirm existing law,
Section 4, Publication,
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption,
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the_day of , 2006, and was adopted by the
following vote following a second reading on the _ day of . 2006:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
3
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
JONATHAN WITTWER, ASSISTANT CITY ATTORNEY
4
.
. ,
Attachment 2 . .
APPROVAL OF RESOLUTION No.
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the City of Saratoga Planning Commission has determined that
Section 15-12.160 of the Saratoga City Code should be amended to clarify the
enforcement requirements of the City of Saratoga as the Section relates to storage of
personal property, including boats and recreational vehicles; and
WHEREAS, the City of Saratoga Planning Commission has reviewed a proposed
amendment to Section 15-12.160 relating to storage of personal property such as boats
and recreational vehicles; 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 the Planning Commission has considered the proposed amendment and all testimony
and evidence received at the Public Hearing; and
WHEREAS, the Planning Commission found that the proposed amendment will be
consistent with the policies of other provisions of the Saratoga City Code and the General
Plan; and
WHEREAS, pursuant to the California Environmental Quality Act, this action is
exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it
assures the maintenance, restoration, enhancement, or protection of the environment) and
CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA).
Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby
recommend to the City Council that Section 15-12.160 be amended to read as shown in
Exhibit A attached hereto.
1
PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of
California, on July 12, 2006 by the following roll call vote:
AYES: COMMISSIONERS RODGERS, NAGP AL, KUNDTZ AND HLA VA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Chair, Planning Commission
ATTEST:
Secretary to the Planning Commission
2
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
ORIGINATING DEPT: Community
Development
PREPARED BY: Richard Tavlor
City Attorney
SUBJECT: Adoption of (I) an ordinance amending Saratoga City code sections 14-25.110, 15-
80.090 and article 16-60 concerning the emergency warning alann system and adopting by reference
the Saratoga Fire Protection District Standards and Requirements for the Early Warning Alann
System and (2) resolution for Hearing on Adoption of Saratoga Fire District Early Warning Alann
System Standards.
RECOMMENDED ACTION: Conduct public hearing on updated Early Waming
Alarm System (EW AS) Ordinance, introduce ordinance and waive first reading, adopt
resolution setting an additional public hearing for August 2, 2006 and adopting fire
hazard area map,
REPORT SUMMARY:
At the April 19th 2006 City Council meeting, the Council reviewed proposed amendments to
the EW AS ordinance and recommended the proposed amendments be reviewed by the
Planning Commission and brought back to the City Council for final review and approval.
The Planning Commission recommended approval by a unanimous vote at its meeting of
June 28, 2006, The Planning Commission requested that the ordinance be revised to clarify
the meaning of a "use involv[ing] the care or supervision of building occupants," {See
sections 14-25.1l0(c)(4) and 15-80,090(c)(4),) Accordingly, the Fire District has
recommended that the phrase be clarified by adding "such as day care facilities for children
or senior citizens," Staff concurs in this recommendation and has made the appropriate
revisions in the attached ordinance (Exhibit A), The ordinance is otherwise consistent with
that reviewed by the City Council on April 19th, A copy of the Planning Commission staff
report with background information on the ordinance is attached for your information
(Exhibit C), A representative of the Fire District will be available at the meeting to answer
questions regarding the ordinance,
Because the ordinance adopts the Fire District's Early Warning Alarm System Standards by
1
reference, special procedural rules must be followed, After the first reading of an ordinance
adopting another agency's standards by reference, the City is required to adopt a resolution
setting the matter for a public hearing, A resolution to set the hearing is attached,
ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15061(3). The activity is covered by
the general rule that CEQA applies only to projects, which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In this circumstance the city has had the existing ordinance
in place for over 20 years and the update of the ordinance would not have any impact on the
environment.
ATTACHMENTS:
Attachment A: Ordinance amending Saratoga City Code Sections 14-25.110, 15-80,090, and
16-60,
Attachment B: Resolution Setting a Public Hearing for Adoption of Saratoga Fire District
EW AS Standards and Requirements by Reference
Attachment C: Planning Commission Staff Report,
2
Attachment A
ORDINANCE
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SARATOGA
CITY CODE SECTIONS 14-25.110, 15-80.090 AND ARTICLE 16-60
CONCERNING THE EMERGENCY WARNING ALARM SYSTEM AND ADOPTING
BY REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT STANDARDS
AND REQUIREMENTS FOR THE EARL Y WARNING ALARM SYSTEM
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1.
Findings.
The City Council finds and declares as follows:
A. The City of Saratoga has designated as a hazardous fire area the lands shown in
Exhibit I to this ordinance due to extensive grasslands, brush or forest which is so
situated or is of such inaccessible location, that a fire originating upon such land
would present an abnormally difficult job of suppression or would result in great and
unusual damage through fire or resulting erosion, The response time of emergency
equipment to calls for aid in the hazardous fire area is impaired due to: (1) non-
availability of access to some portions of that area; (2) steep, narrow streets and
roadways; (3) lack of connecting streets and roadways; and (4) the unusual
topography of that area, Further, the presence of heavy vegetation in that hazardous
fire area increases the potential for the rapid spread of any fire which may start in that
area, particularly during seasonal dry spells,
B, A substantial portion of the new single-family dwellings being constructed in the City
of Saratoga are larger structures, typically in excess of five thousand square feet with
three-car garages. By reason of their size, a fire in these structures can be more
difficult to extinguish.
C. The risk of fire to persons and property within multi-family dwellings and structures
containing multiple sleeping units is proportionately greater because of the higher
density of occupants. Immediate warning of fire and notification of the fire district of
the existence and location of fire will serve to reduce the possibility of death, injury
and property damage.
D. Because commercial buildings and community facilities are public gathering places,
the public health and safety risks of fire are particularly acute. Immediate warning of
fie and notification to the District of the existence and location of fire will serve to
reduce the possibility of death, injury and property damage in these structures,
E. Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazards while at the same time maximizing
the effectiveness of existing equipment and facilities for emergency responses.
F. The City Council ofthe City of Saratoga held duly noticed public hearings on July 19,
2006 and August 2, 2006 to consider amendments to the City Code to replace
- 1-
outdated requirements pertaining to early warning alann systems with standards
recommended by the Saratoga Fire Protection District.
G. After considering all public testimony and materials presented in connection with the
proposed ordinance the Planning Commission recommended adoption of the
ordinance on June 28, 2006 following a duly noticed public hearing and the City
Council has accepted the recommendation of the Planning Commission.
H. The proposed ordinance will further the objectives of the Safety Element of the City
General Plan.
1. The proposed ordinance is Categorically Exempt from the Environmental Quality Act
(CEQA) pursuant Sections 15061(3), the general rule exemption and 15308, "Actions
Taken by Regulatory Agencies for the Protection of the Environment", Class 8, of
title 14 of the California Code of Regulations, Public Resources Code (CEQA).
Section 2. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in
underlined font (e,g., underlined) and text to be deleted is indicated in strikeout font (e.g"
~trikeelit), Text in standard font remains unchanged by this ordinance.
A.
B.
C.
Section 14-25.100 is amended as shown in Exhibit 2 to this Ordinance;
Section 15-80,090 is amended as shown in Exhibit 3 to this Ordinance; and
Article 16-60 is amended as shown in Exhibit 4 to this Ordinance.
Section 3.
Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance, If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, the City Council declares that it would have adopted the remaining provisions of
this ordinance irrespective of the portion held invalid, and further declares its express intent that
the remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 4. Publication,
This ordinance or a summary thereof shall be published once in a newspaper of general
circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 19th day of July, 2006, and was adopted by the
following vote following a second reading on the 2d day of August, 2006:
-2-
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CATHLEEN BOYER
CITY CLERK
APPROVED AS TO FORM:
RICHARD S. TAYLOR
CITY ATTORNEY
/
NORMAN KLINE
MAYOR, CITY OF SARATOGA, CALIFORNIA
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Exhibit 1
Hazardous Fire Area Map
. 1-
City of Saratoga
Designated Hazardous Fire Area - Early Warning Alarm Systerr
For use In administering Early Warning Alarm System Requirements per
Saratoga City Code Soctlons 14-25.110, 15-BO.090 and 16..0.010 etsoq.
Legend
_ Hazardous Fire Area
- Saratoga City limit
r-1.....JL.....
o 0.25 0.5
I Miles
2
1.5
Copyright 2006 County of Santa Clara. All Rights Reserved
.
Exhibit 2
AMENDMENTS TO SECTION 14-25.110
SARATOGA SUBDIVISION ORDINANCE
RE: EARLY WARNING FIRE ALARM SYSTEM
~14-2S,110 Early warning fire alarm system.
(a) Findings and pnrpose, The City Council finds and detennines as follows:
(I) Utilization of current technology in the detection and warning of fire will significantly enhance the
level of protection from such hazard while at the same time maximizing the effectiveness of existing
equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as hazardous fire areas, which are defined as any land
covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a
fire originating upon such land would present an abnonnaJly difficult job of suppression or would
result in great and unusual damage through fire or resulting erosion. The response time of emergency
equipment to calls for aid in the hazardous fire areas is impaired due to the non-availability of access
to some portions of such areas, the existence of steep, narrow streets and roadways located in such
areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such
areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for
the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are larger
structures, typically in excess of five thousand square feet with three-car garages. By reason of their
size, a fire in these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within nmIti-family dwellings and structures containing
nmItiple sleeping units is proportionately greater because of the higher density of occupants.
Inunediate warning of fire and notification to the frre district of the existence and location of fire will
serve to reduce the possibility of death, injury and property damage.
(5) Because commercial buildine:s and community facilities are Dublic I!athe:rinu Dlaces. the nublic health
and safety risks of fire are oarticularlv acute.. Immediate warnim! of tire and notitication to the fire
district of the existence and location of fire will serve to reduce the possibility of death, iniury and
orooertv damal!c in these structures.
("2) The public safety and welfare may necessitate installation of an early warning frre alarm system in a
conunercial structure or conununity facility, depending upon the facts and circumstances to be
evaluated by the Fire Chief in each individual case.
(61) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require
installation of an early warning frre alarm system as hereinafter provided in this Section. The purpose
of this Section is to implement such goal and policy.
(b) Residential structuresMandatorv reauirement fol' installation of alarm svstem, As a condition for tentative
map aooroval under this Chapter, the advisory agency shall require the installation ofan early warning frre alarm system
in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital alaFm
commHnicato{" reeeiyer lnaifl.taiHed a monitoring station in such manner as mav be soecified by the Saratoga Fire District,
- 1- Subdivision Code Amendments
in each of the following cases:
(I) All new single-family dwellings. commercial structures and C0l11111Wli!y facililies aRd allY e"istiRg
siR!;le R11Rily Eb<elliRg' ":hieh afe e"~amled by fifty ~"reent er more iR !ifO"S i100r area, ,':here DRoh
Hew Of e'",'aRaed dwelliRgs are located within a designated hazardous fire area.
(2) Anv existinf! single family dwelling, commercial structure or community facility which is expanded by
fitlv percent or more in gross floor area and is located within a desi!?nated hazardous tire area.
(ll) All new single-family dwellings. commercial structures and conl111Unity facilities having a gross floor
area in excess of five thousand square feet.
(~ Any existing single.family dwelling, commercial structure or community facility which is expanded by
fifty percent or more in gross floor area which, after such expansion, will exceed five thousand square
feet in gross floor area.
(42) All new multi. family dwellings and other new structures having multiple sleeping units including, but
not limited to, hotels, motels, apartments, condorniniwns or other community housing projects,
townhouses and nursing homes.
(1'2) Any existing multi-family dwelling or other structure having nmItiple sleeping units such as described
in Paragraph (42) above, which is expanded by fifty percent or more in gross floor area.
(c) Discretionarv requirement for certain existin!! G~ommercial structures and community facilities, Where
an existi1U! conmlercial structure or conunullitv facility is remodeled or the use thereofis chamled. and such commercial
stmcture or commwlitv facility either: (0 has a grOSS floor area in excess offive thousand SQuare feet. arm) rce:ardless of
size. is located within a designated hazardous fire area, WheR "0 re~.ifed by then the Chief of the Fire District having
jurisdiction over the project, the aEli'iser:,' ageBey shall iH-1J36Se as a esaaitieR for tentati'"e map apJ3Flr:alwH:ter this
Cha~ter. mav require the installation of an early warning fIre alarm system in accordance with Article 16-60 in Chapter
16 oflhis Code, and the connection of such system to tile digital ola_ eelHIHllnicatof reaei',-er maietoifted 0 monitoring
station in such manner as mav be svecified by the Saratoga Fire District.:.. in new eem.mereial Sffliet1::lffS af eeJ:f.H:HRRity
facilities. or an. enistiag cemmerdal SHl1eture Sf eemmt-mity facility .".,thieh is e1LfHHl,EleEl by fifty feree,at aT mare in gross
Hoer ili'ea. iA~~; used hereiH. fue term "eoHltfleFeial ::trnetw:e" ineludes, ballS RElt limited to, e1Jiee Bu.ilEliflgS. retail ,;tores,
restauf8Hts. n~f'air shOflS, 8Hd iRElustnall:niilaiags, sad the term. "eeFllfRunity (aelli!)" inEludes, set is Ret lililited to,
schools, theatres, eHufches. meeting halls and eonferenee seaters. In aetef:ll1iniHg 'Tvhefuer ta require iBstallaasa afs1:ieh
systeRl. the Fire Chief shall be gaiaea by the follev. iRg consideralieRs: If the requirement to iostall all alarm svstem is
imoosed. it shall be made a condition oftentative maD aDoroval under this Chanter. The detennination bv the fire chief
shaH be based UDon any one or more of tlle tollowim! considerati.ons:
( 1) The Rlinrber of pea~le ."pested ta ocallp)' the buildiRg ee a reg"lar hasis.
(2) The inlerior aea e"lerior ceHflg.flltioR af tile bllilaiRg fl1la tile tir., rc"istaet Rot.fe ef Ibe materials
litili..d iR tile coeolruetieR thereaf.
(:) The ealllIe ""a e"te.! of elber tire e)(tiRg.iGhiRg aHd fire alarm device:; installed wit-hie tile hliildillg.
(4+- "'!lether aH)' highly f.lafl1fnable, eKplesi\"l? OJ: to de materials are regHlw:ly stared. or Ioeated. y:ithin the
bwlding.
(5) The ~ro"iR,ity ona nollire ef etllOf slructllres leeatod "pen tile same site er adjacent sites.
(&) The esliRlllted res~oese time to the I're~erty frem the fire statiaR at ~eaL ...ille hem,.
-2-
Subdivision Code Amendments
ill An occuoant load increase of fjfty oercent or more.
ill New commercial cookllu! ooerations.
ill Hazardous materials stora!!e for which a vermit is reQuired..
ill The vrincipal use involves the care or suoervision ofbuildinu occuoants such as day care facilities for
children or senior citizens.
(d) Determination of gross l100r area and fifty percent expansion, far the flll.Ff1aDeD of fIRs SeeliaH:
(I) As used in Ihis Seclion. the IClm "commercial slructure" includes, bul is 110t limiled 10. office
buildings. relail Slores. restauranls. reDair shoos. and industrial buildings, and the term "community
lacilitv"includes, bm is not limited to. schools. theatres. churches. meeling halls and cOl1terence
centers.
(+n The delennination of gross 1100r area, as defmed in Subsection 14-1O.100(b) of this Chapter, shal1
include any basement or portion thereof occupied as habitable spacej-aii<!,
(2.J) The aele"ninatias as to '::!lether a sllowlllfe '::ill be e"paHaea by fifty flereem or Illore is graDs Ilaar
area ohal1 be "",ae ie Ihe same _Her aD pfoviaea ia Sl1IlseelieH 11 ISJ)2()( c) DflhiG Ch"l'lcr. felaBHg
to tHe ftlttllirement fElr 8uilc:Jiag site at3pre.,'tll.For the DllfDoses of this Section. any exoansion shaH be
considered as eaualilllz or exceeding the fifty percent limit where the work of constmction or
irnnrovcmcnt is done at different time intervals reauiring. two or more building- 'Permits. within a period
of five years after corrmletion of the first imoroyement. where althoullh each is for a oroiect
encomoassing an exnansian ofless than fifty vereent of increased t100[ area. but when combined with
other expansions durilll! the five year 'Period of time increase tbe amount of grOSS floor area of the
structure bv fifty oercent ar more of that amount which existed immediately orior to the
commencement of the fIrst of the several exoansiolls.
- 3-
Subdivision Code Amendments
Exhibit 3
AMENDMENTS TO SECTION 15-80.090
SARATOGA ZONING ORDINANCE
RE: EARLY WARNING FIRE ALARM SYSTEM
~15-80,090 Early warning fire alarm system.
(a) Findings and purpose, The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of frre will significantly enhance the
level of protection from such hazard while at the same time maximizing the effectiveness of existing
equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as hazardous fire areas, which are defmed as any land
covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a
frre originating upon such land would present an abnormally difficult job of suppression or would
result in great and unusual damage through fire or resulting erosion. The response time of emergency
equipment to calls for aid in the hazardous frre areas is impaired due to the non-availability of access
to some portions of such areas, the existence of steep, narrow streets and roadways located in such
areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such
areas. Further, the presence of heavy vegetation in the hazardous frre areas increases the potential for
the rapid spread of any frre which may start in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are larger
structures, typically in excess of five thousand square feet with three-car garages. By reason of their
size, a frre in these structures can be more difficult to extinguish.
(4) The risk of frre to persons and property within multi-family dwellings and structures containing
multiple sleeping units is proportionately greater because of the higher density of occupants.
lounediate warning offrre and notification to the frre district of the existence and location offrre will
serve to reduce the possibility of death, injury and property damage.
(5) Because commercial buildinl1s and community facilities are vublic l!atherinu places. tIle public health
and safety risks of fire are particularly acute. Immediate wanlimr of tire and notification to the fire
district of the existence and location of fire will serve to reduce the possibility of death. iniury and
oropertv damae.c in these structures.
("'0 The public safety and welfare may necessitate installation of an early warning fire alarm system in a
coounercial structure or cooununity facility, depending upon the facts and circwnstances to be
evaluated by the Fire Chief in each individual case.
(e1) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require
installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose
of this Section is to implement such goal and policy.
(b) Residential strn_Mandatorv reQuirement for installation of alarm svstem. As a condition for the
granting of design review approval or a use permit or variance under this Chapter, the approving authority shall require
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Zoning Code Amendments
the installation of an early warning frre alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the
connection of such system to me aigital alaFRl, l'o:FflfRflRieator reeein~r maimaiflod. a monitorinll station in such manner as
may be specitied by the Saratoga Fire District, in each of the following cases:
(1) All new single-family dwellings, commercial structures and community facilities a"d ...y ."iotiRg
siagle familj' "",elliRgs ','."hiEh are ."ponded lJy lill)' perE.lIt or _re in grass fleer ....a, 'libel'. slieh
n.w er e"pllfIded dwellings are located within a designated hazardous frre area,
(2) Anv existin2 simde family dwellini!. conunerdal stll1clure or cormnunitv facility which is exoanded bv
fifty neTcent or more in l!fOSS floor area and is located within a designated hazardous fire area.
(;!;)) All new single-family dwellings. commercial structures and community facilities having a gross floor
area in excess of five thousand square feet.
(~) Any existing single-family dwelling. commercial stTUcture or comrmmity facility which is expanded by
fifty percent or more in gross floor area which, after such expansion, will exceed five thousand square
feet in gross floor area.
(4,):) All new multi-family dwellings and other new stTUctures having multiple sleeping units including, but
not limited to, hotels, motels, apartments, condominiums or other comnnmity housing projects,
institutional facilities, townhouses and nursing homes,
(~fj) Any existing multi-family dwelling or other stTUcture having multiple sleeping units such as described
in subsection (42:) above, which is expanded by fifty percent or more in gross floor area,
(c) Discretionarv requirement for certain ('fommerdal structures and community facilities, Where an
exi~tim! commercial structure or community facilitv is remodeled or the use thereof is chaue:ed. and such conllllercial
structw.e or community facility either: (i) has a e:ross noor area in excess offive thousand sauare feet. or tii) rClwrdlcss of
size. is located within a designated hazardous lire area. ".'he" sa r.~Ilired BY then the Chief of the Fire District having
jurisdiction over the project, the "flpro"iRg alitharity shall ill1pase .s e ea"ditian for the gRlHtiag of desi!,,,, re',ie?:
"flproval or a use "conit er varia"c. .",der this Chapt.r , nillY require the installation of an early warning fIre alarm
system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to the digital
al8TF.Li e0ffif11li-ftieator reeeiver maintaiaeEl a monitoring station in such manner as may be soecified by the Saratoga Fire
District:.., ill He'.'. eElffil'Hereial struemres or eSHlfHuflitj' [aeilities, Ell" 8fl enistiag Eotl'lfBereial str:.J6tufe aT eeR'lRll:mit:{ faeilit-y
waich is ."panded ay fifty pereent or ",ore in gross l1ear area. f.s lised h.rein, the tel'''' "ea_ereial structt...." mch,des,
hll' is 110t limilt'd to, olliee bllildiRgs, retail stores, resto...a"t5. repair :;hops, and ind",;lrial hRiMiRgs, ...d the tefffi
"IWffil11l:iRity faeility" in€h~Etes, but is Het iiI-Hites to, seheeIs, theatres, elmrekes, meeting halls ana E'llaroreRee eeRtefS. m
deteraliui11g waeowr to feljliire iAotallalia11 of sllca system, the fire Chiefoaoll b. g..id.d by th. fallawiRg eanGid.ratiofls:
If the requirement to install an alarm system in illIDosed. it shall be made a condition of the design review annroval or
use permit or "ariance under tllis Chapter. Il1e determination by the fire chief shall be based uoon anyone or more oftlle
follow.ing considerations:
( 1) The BlUuBer of people .""eetod to oEeujlj' the Bliildi"g e" a reglllar haois.
(2) The interior aad ."torior eonfigll",tioA of the BuildiRg llfId tho Hr. reoist...t BatH;. of the material"
utilized in the EeRstreetion thereet:
(:) The A.t",". 8l1d ."tent of eth.r tire ."tiRgliiohmg and Hr. .1...... devices instolled y:ithm the bliil<liRg.
f41 'Vllether an~' highly tlallll11al3le, t?'!t:plosiT:e Elr to:~ie materials are regularly stored or Ioeatea \vithiH tH0
bnilding.
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Zoning Code Amendments
(5) The proximity and nature efethel' SB1:IeWi'es leeatea upon ilie same site or aajaeeat sites.
(,,) The e'timatea reepaRGe li",. Ie ths prepefly 1'0'" Iho HfO slatieR at poak trafRe he"rs.
( 1) An occupant load increase of fifty percent or more.
(2) New commercial cookin!! oDerations.
(3) Hazardous materials storaec for which a nermtt is required.
(4) The principal use involves the care or supervision of building occupants such as day care facilities for
children or senior citizens.
(d) Determination of gross floor area and fifty percent expansion, fer th.l',*rpesos efthiG ~eetieH:
(I) As used in this Section. the term "conuncrcial structurc" includes. but is not limited to, olliee
buildines. retail stores. restaurants. reoair shoos. and industrial buildim!s. and the term "corrnnunity
facility" includes. but IS not limited to. schools. dleatres. churches. meetinu: halls and conference
centers.
(+Il The determination of gross floor area, as defined in subsection 15-06.28O(b) of this Chapter, shall
include any basement or portion thereof occupied as habitable space; and
RD Tho aetermmatiea as to ,,:bether a stme..... ".ll b. ."poaaea by fifty p.reeHt er mare ia gress fleer
area sOOll be maa. ia Ih. same maaB.r a:J pfB':iaed ia "Bbssehea 11 15 .ll20(.) af tbe ~:ib,k/isi"H
OrElinLiFlee relatiFlg 18 the requirement fer buildmg site appro~:al. For the Durnoses o[tl1is Section. any
expansion shall be considered as eaualinlZ or exceedinlZ the fifty percent limit where the work of
construction or jmnrovement is done at different time intervals reQuiring two or more buildinu: oelmlts.
\'\';tl1in a oeriod of five years after cOl11Dletion of the first imofovement. where altl10ueh each is for a
nroject encomnassiulZ an exoansion of less than fifty percent of increased floor area. but when
comhined \vith other exnansions durin!! the five year neriod of time increase the amount of {!.fOSS floor
area of the structure bv fifty percent or more of that amount which existed immediately nrior to the
commencement of the first of the several expansions.
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Zoning Code Amendments
Exhibit 4
AMENDMENTS TO ARTICLE 16-60
SARATOGA MUNICIPAL CODE
RE: EARL Y WARNING FIRE ALARM SYSTEM
SECTION 16-60,010
Application of Article: requirement for installation of alarm svstem
{ill Where installation of an early warning fIre alann system is required tmder the safety element of the General Plan
or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15-80.090 of the
Zoning Ordinance, or this Articlc. such early warning fire alarm system shall be installed. operated, and maintained in
accordance with the provisions of this Article.
i!21 Where a proposed development does not require any lillm of permit or approval to be granted WIder the
Subdivision Ordinance or the Zoning Ordinance. installation oran early wamim! fire alann system in accordance with the
orovisions of this Article shall be [eaulTed as a condition for the urantinl! of any buildinl! or other oennit under this
Chapter 16 in each of the following cases:
(I) All new single-familv dwellings. commercial stmctUTes and cOllllllunity facilities located within a
desillllUted hazardous fire area.
(2) Anv existing single family dwellim!. commercial structure or community facilitvwhich is exoanded bv
lith nercent or more in ~'foss floor area and is located within a designated hazardous tire area.
(3) All new sinl!le-.tamily dwellings. commercial stmctw.es and C0l11J11Wlitv facilities having a grOSS floor
area in excess of five thousand square feet.
(4) Any existinl! simzle-fumi1y dwellinll. commercial strnctw'e or community facility which is expanded bv
fiftv vercent or more in gross floor area which. after such exnansion~ will exceed five thousand square
feet in lJross floor area.
(5) All new multi-familv dwellings and other new structures having multiole sleeoing units including. but
not limited to. hotels. motels. aoartments. condominiums or other conrnlUnitv housinll oroiects.
institutional facilities. townhouses and nursin!! homes.
(6) Anv existinSl multi-family dwelliue or other structure havimz ml1ltiole sleeoine units such as described
in subsection (5) above. which is exoanded bv fifty oercent or more in e:ross floor area.
f7) When reuuired bv the Chiefofthe Fire Distlict havinl! iurisdiction over the oroiect. an early wamin!!
fire alaIm system shall be installed in an existinll commercial strucrure or community facHity which is
remodeled or the use thereof is changed. and such commercial structure or community facility either:
0) has a gross floor area in excess of five thousand square feet or (iil reuardless of size. is located
withi.n a desismated hazardous fife area. The detelmination bv the fire chief shall be based UVOll any
one or more of the follovvim! considerations:
{i) An occuoant load increase of fifty vercent or more.
Iii)
New commercial cookim! operations.
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Building Code Amendments
(jj11 Hazardous materials stora~e for which a permit is reauired,
(iv) rThe principal use involves the care or suoervision ofbuildinu occunants.
As used in this Section. the tem1 '"commercial structure" iucludes. but is not limited to. otlice buildings. retail stores.
restaurants. renuir shons. and industrial buildin1!s. and tile- term "commun1ty facility" includes. but is not .li.mited to.
schools. theatres. churches. mcetim! halls and conference centers.
For the pwnoses of this Section. any expansion shall be considered as eaualilll! or exceedinu the fiftvpercent limit where
tlle work of construction or imnrovcmcnt 1S done at different time intetvals requirinu two ormon.~ buildillU nermits. within
a period offive years after completion of the first irnorovemen!. where although each is for a proiect encompassing an
expansion ones5 than fifty perce-nt of increased floor area. but when combined with other expansions during: the five year
period of tinle increase the amount of llross floor area of the structure bv fifty percent or more of that amount which
existed immediatelv prior to the commencement of the first o[the several eXDansions.
SECTION 16-60,020
Required Components
Each early warning fire alarm system installed pursuant to this AftieIe-Code shall be connected to a monitOling
station in such manner as may be specified by the Saratoga Fire District and shall be installed. operated. and maintained
1n compliance \vith the aopIic-able standards and reauirements for installation. ooeration and maintenance of the svstem.
as established -iaeltiae, eoatainl aad ineorparate the ronowing eOFFlflEll1ents eOlH.J.eetee in su.e.h a ma-fHlei' as 1a be eapable af
aHtllma~cally traaDmitting by stamlard telephou" liRes or slleh ,,!her means as may be deDig"ated...d required from time
to time by resolution of the Board of Fire Commissioners of the Saratoga Fire District" deoigHated alllR" sig""ls from OR)'
sHch installatioa to the Saratoga Fire DiGtri_t digital alarm eommunisator r-eaeiver: A copy o[the latest adopted standards
and requirements shall be kept on file and made available to the public in the ollice of the Commwlitv Development
DeDartment.
ea) Digital alarm .ommHRieato,' t1'aasolitter, .II Califarnia State Fire Marshal listed and appraved solid
;;tate eleetrenie digital alarm. eOBuHUllieater frun::mitter aHa esatFel panel (either eo:FRl3ined with th.e tranGHlitter or
separately oanlleeted thereta) ,hall be iustalled ":itlt pH" inian fur .aRAeOaaR afs"Pen'ised imegratiRg "aRe circuits. ~lloh
transmitter ana esntfe] paael shall meet tile reElHiremeats efNational Pire Prateetion :\ssaeiat4eaDeeW11ent72,\ aT 71 m
the ea,e "froGideR!ial stmctlil:es, or Ch"Pter 5 aftIFP.', Docu"",nt 71 iR the ease af eaRlRllJrcial stmcmrea, ar eqw"lalent
metbo<l as appraved by the Chief of IRe Sarata"a Fire DiG!Tie!. If a ",!,orate fire alarm eoooal paRel is aGed, the
cOllfleetion between ~Ie fire alarm eaRtral panel an" the digitalalann eORID1llni.atartraoomitter shall be ~":allgh dry r-elay
contact: OR !he fire alarm eaRtrol panel, or ather Calif{)rHia f:tate Fire Marsllallisted .oRfigllratiaR far !he digital alarm
eOmffiUflit':ator transmitter CBn Be used. IH aaelitioB, lhe digital alaFfl-l eenunlHlieater l'ffiRsmitter Bfl€b'Or fire alarm eefltf61
panel used shall illcorpo;ate t-.be [oHewing feamres:
(1) The digital alarm .ammllnicalor tr.nGlHitter shall be ellf'al3le af tran"miaiRg te tlte Sarataga Fire
Distriat oae or mere mHltiple n"mIlers. as may be asnigaed Ill' ~1e Sar-ataga F're District. ...ia
eommereial!clel'heRe liRes or "ueh a!her ."",ans a:: "lilY be de"ig.""led aRd. reqlliferi, 80em ~Rle to ame,
by lhe BoarEl afCaRlffli"sioRers n[the Sal'lltaga Fire Distriel, aREI shall eaffilllUHieate infarmatieR iR
"Hch a IFIlIlIRer aRd af slleh. _antem as ta be eaB.1patible with slIch spoeificatiatls as may be Illade aM
publiDhed by the Chief ofthe Saratoga Fire District.
_(2) The digital alarm eommllRieator transmitter shall ha'.e a .apaeit)' afllat leGslhan eight separate zOlles
.nd shall be eapable of transmitting a ""Parate and Elistillet cade for eaeh of the fullm':ing eonditian.;:
06ene "[: Smokl2l .aetectioH zone in alarm
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Building Code Amendments
Zone 2: Heat aeteetiaR zelle iB alaFI'R
Zone .3: .1\18111::181 statisR ceRe iR atarR'!
ZORe 4: Eflfiakler zone in alarm
Zone 5: ,Medical emergeaey iH alanll
bOHe" 6,7,8: !" del.mliaeaey the Eamleg. rire Distriet
The f"'lOtians a."ignatea fur Zaao, 6, 7 aHa 8 aeO',e may e. plac.a iH that eaafig,'Faliea or ia aa
alteFHali';e eOHfiguratiaH ar farmat "a"'Patiel. with lb.. Saralaga ~'ire Diat<iel aigi""l alaFffi
cemffiunicator receiver. If the digital alarm €ElJ:llJJR:H:lieatar transHlitter and/or the fire ala:FIl'l eemral
pallol illeerl'erate CI.ss "A" iaitialieg zaae", tIl<y shalle. a.ai..toa to firo alarm .aa., I tllrO"gfl 1
ab<we.
(3) The digital alarm <,,_aaieator _smitter shallee eapaale af <ammHBioatiBg aH enti,e alaFffi sigBal
tnm,SnllSSiOR '.\itllin thirty secoBBs efthe titne atv;hieR the eenne€tien eft-lie fall is €smpleteeJ.
(-1) The d.igilal alarm ea_URica!or kaa"mitter, aBa fire alarm eaBlral paB"1 if "sea, ahall <aBtain aa
iBlcraal .outintieosly <hargieg aallo'y, e.p.al. af paweriRg the aj'stem for. periea .f atle.at tweAly
fuur hoars in the standby mode, ana five minutes HRaer alarm eenrntiens.
(~) Eleotrieal sl:lpeT':isioR of the Ileat aeteo~ion ZOBe. manual statisH ZORe, aHa lhe sffiaJee EleteetieR Z8B6
(and p"wer la tlle smoke deteetars) shall ae pro';idea ay the digital alot",. eaallHUaioaterll"ansmitter ar
tile fire alurm eOBkal paBel./\. siegle opea or gralll1a fa>lll eaRdili"R ia OR. afthe"e zenes ia tbe digital
alarm e._lIaicatar Iraasmitte" or the fire al.rm eOlllrel poael, shallee mdieated ey a disliBetive,
aediMe IrmiBle sign.1 ill the sklleMe ia which tile system is installed. The digital al.i1Roa8lflllifl.ieater
traasmitter "hull .lsa he ellflable of kaasilHttieg a l",,"el. signal Ie the Sar'Ioga Fire Diskiet aigital
alann eOltl1111:illieater reeei':er iFl the e'-eat €If a siegle apeD ef grel;lRa faalt eElBaitieH iR eRe ef the
afl1rementlOlu:!d zones in the digital alarm cemffi'Hnieator l.:ransmmer or the .fire alarm seatrel panel.
(6) The aigitol.larm ee_oaiealar tFa8,milter eml'leyed ia the struelll,e for ka.mmittieg sigaala shall ae
eapable af assam.:l1g line seizl:I:fe priarity eyer OR)' atRer digital alarm eetHm:Uflieater transmitter
employed fer et.fier p::IFflBses 1ft the satHe struetHre. Tlie fire slarul eeHlf:H1:luieater traHslllitter
o.Meetiaas la tel.pheBe IiBes shallse made ahead af thase e".played fer ee'glur .18ftu ar ether
pti::l,peses, BRa shaH eleetrieally EliscollReet ether di;ital alarm eomUlUHieator transmitters .,;hile
lfaHamittiag sigaals.
(7) !.I1 digital alarm oaRillmnicater lfunall,m.rs shallee eapaele af1JeiBg pregraallfled ta send sigHols,
o,-er tel.phoae lia." and o';.r radia fr.qt'."")' traaamiller, thut are eOH1jlatisle with the Saratoga Fire
Diatri.1 aigital alarm ee_i.aler reeei';er, '.,-hieh shallee aeemea a remele re.ei,-ieg statiaB .s
re:ferel1seEl in National Fire Preteetisa :\sseeiatioH DS€1:iment 72C.
(S) The digital.larm e._aiealer Iranamitter aad th. life alarm ea8lrol paael shaIl receive their pr-Hnaf}'
powe.. fram the e"temul el.etrioal s"l'pl)" preYided to the SIIMcll.,.e .nd shall he powered ay a seporale
eirel:Jit that shall aa.,'e its cr.-.'ll Iilircuit breal~er .:witoh.
(e) SIBol" a.teetarc;, Califel-"Hi. S""t. hre Marshal aad lifldc""riter's Laber-ataf}', IRc. llfll'ra,..a aad liated
aeloJl1atio deteoters, oapable of responding to ,-isisle prede.t, af c01l1atia!ian, a[faegeata oOlmmmi.eale with the aigital
alaIB'l eomRl1::1nieater teREsa-litter or the fire alaIn} eontFel paael, ,;hall be iastallee ia aeearaaa.ee 'l.ltli t.ae staBBaras
60ntaiaea iBt-JatloFlal f'ire ProteetioH :\sseeiatioR DSeblH-leT:lt 725 19S2, eras efuenyise aireetea by the ~Pife Chief. 'A'here
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Build.ing Code Amendments
aA~ portioA of th~~::~,~'e is used for sleeping plfJpases, 'Heh aeleetars shall ae installea iA the tellswing ar.as at paints
apl'I.vea ay the I'll'" ~.lllef:
( I) ~ ~~= ~=i~~~ nr '''.11 .t a paiAI lao.ted iA the eSFriasr.. ar are.s giviHg aeeess la raams liSed lor
s-IecpHT!; purposes.
(2) la ".ell aedraam, Jaeated an the eeiliRg ar wall afthe raem.
(~) On the eeiling or '''all Ae.r the b.5e af.ny stain',ay ,';here sl.eping reems ar. eA'" "pp.r I.".L
. (~~Ie~! ~""leFs, Calilo~nia Slale FII. Marshal a','a. Ullaem.-iler's Labar::::, ~1C, :~:~~~~d :~l~:~
==: :::r~ (~~:::~~~'':'~~ ~j::,)B teR1Jler-ature r.te al Fise t)'jl., ilfl'aRgeB to _ IH. ne ;;:_ :::
a~:=i.:~]~n~~~~' ~aR",Hittor or the Ii,e ala_ e.lltralran.l, shall b. iRslalled ~f.:::~~~~ ~~~a~:~~:
e:Il='::~ ~~ ~~~~0,::1 =:Ire Proteetlall ","Oet.tloll Dae_ent 72F 1982, ar as otbe"""" L ::~ ~:: ;::
:~'~::~):)~;II~';'::~'~~:"s ,.sea for sleeping pHFjlB!;eS, suell det.etors shall be instull.;d i;.-;j;~ f~li~~.. ;~, t . ,
(I) ~~ r?"o~!~_~~~:.he B";ellill!;, illo!llliing !iunae. raems, e"'.pting 1II.s. areas spesilieB in sliboeotion (b)
ef thiG SoelleR, aRd balhfaems.
(2) ,A.ttie,;,
(3) Gamges.
E"e.ptiells Ie these sWRdurBs _~ aepeRRitt.d by the Fire Chief.
~l AetHating de1'iees, MaRllall'ull statiells sh.1l be ilolaneB eR e.ea Ileer oflhe pr:::s:::.:. ~~~
:::~~~~~ ::i~<<:, ~~~ ~~~1I ~~ I~=a"t~~ iR e"itv;ays aBj.,ee"t ."it Beers aRB dem'S ]o:;:i~~ ~l~;:i:':ae:=,:;;
~~ ~~~':: :~..f. eaeh Be\"lee sh.n b. GeoHr.ly mOHRloa with Ihe beaem aftho BO\"lee . e ] l . .
nor more than su; feet ab(:r:e the fleer level.
(e). Medi..t e~erge"eJ' pH.h huttons, MeBiealemergell6ypush balteRs Oh.lI~ i~~:'I~ ~=~:~h~~~
:~:. ~":~~,::.eJephene .Ad eIther IR er n.ar the master bedrealll. ,A.dBlheR.1 blllteRo mal' be r n , d
the Fu" Gillet.
(f) .. Warni,:g Bevieos. IH lIIe ease ef any sh.llern,eo Ils~d fer sleeping r~e:~~, ~~~:~~~: :~
~~:~!~ul ~"d URderwnters L.boratery, IAe, .pl're....d ...d lisled an Bible ';;aRllng Be"to_s . sue :;; :;::;:: ::
;:~!~~e;~:::;~~ ~::r:~: t:e~~~I::::I~~':;~:':~~~'~~;;;~";~i~~=;:e~~:,:I~:: ;i~t~~;~'e:~~I::E~;~:.:.::~~:
16\ "Is ~]easllred fom fee, .be';e the fleer "ilh bedmeHl Baers elased.
~~~ A I~~~.th'e rel]Hiromellts " here sprill"'er system inotalled, 'm,"r. .R aHtOJH8tie SPrinJ';:,:~~~::
:~~j~~ :~~:~P;<l :.i~ '~~~~r How swilehe" that h.."e a built in retflfB .osembly v;hieh "ill s~~;j ~-;, ;;;;.,:;;; ". '~~~~:
.etl'. alea te lho ctl,;"a! al.rlll eOltl!lllillte.ter Il'aRSRUlter er the lire .Iam] .eHlrelp....I, ne h.:t :~:~:: i~ ~~::;~;::
'Hbs.wen (e) eftlus Seetlell shan be rOl]Hlrea and slll.oke Bet.etars.s desenbed III subseetle (. e . a
required "nil' ill these areas speei!1ed iH Sllhpar.grlljlhs (b)(I) aRd (b)(2) eflil!.; SeotieR,
SECTION 16-60,030
Plan Check by Fire District
!.ilL_Ail documentation rel.tive to the proposed install.tion shall be submitted to the Fire District for .pproval.
Where property is loc.ted within the jurisdiction of the Centr.1 Fire District, one copy of such documentation shall be
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Building Code Amendments
furnished to the Chief of such District and oue copy of such documentation shall also be furnished to the Chief of the
Saratoga Fire District who shall detennine whether the rrepeGed installation will e. e....patiel. with "'. Samlega Fire
Distriot aidital alaFffi eemmanieater reoei', er and \\ill etherwise comply with the applicable standards for the proposed
svstem. re'!Hiremenls ef "'i5 .^-rliele. This The documentation shall include the tellewing:all plans, specifications,
diallra111S. data sheets. manufacturer's recommendations. and other information and document') listed In the standards and
reuuirements adonted bv the Sarat01!3 Fire District. and such additional items oertaining to the ofoposed system as may
be requested bv the Dis~.ict.
J.) A ee",!,I"e list ef all fire alaftll e~uiplflent BRd de,'iees te b. ;RfllaUed, inehujing:
(1) Man"faetHfcr's ",ake BRd model nlilitllers;
(2) Q"aulities ef eOEb l)'I'e;
(:) Califemi. Slate fire ~',fn.shallistied ""","ero;
ff) Umier:,Titers' Laboratory, [He., spaeiHg sfJecifieatisn.s fer heat aeteetoTs:
(5) Ev;aenee efcoelrelpan.el ce",!,atibilily 'Ni"'. eeneeeled smeke aeteeters,
(b) Petal te peiai '::irin.g aiagr~1m af eleetrieal seElUenee list fer eaeh ZBHe iH a fSftH aeseptable t8 the
Saralega Fire DiGlriet. Details shall ineh,,!e:
(I) V.'iring seEluenee af eaeh iHitiatiHg zone, iHehulieg wire size ana the Iml'11fler sf eonauetefS:
(2) 'Niring ~;eEJl:leRee of each aurliBle eif€uit, includillg ",'lF6 size ana the HHi'UBST of eOHooete.fl::
(3) Identiliealian aftee types efinitiating de...iees "sed;
(.1) T .Hlpemture t.tiIigs ieaioated, '.vhen "fl~lie.ale;
(5) Laealien" efClass "9" eire"it end a[Jine devices:
(6) LacatianG efjuRetiee ea:leS, wllee iMlaYed.
(e) If re~aesled, eepies "f Calif<lrilia glate Fire Maffiha! listing aala sheets, BRd any etll.r aee"meHtS
deemea rerlieeate)' Ihe Fire Chief
(hd) The Fire Districts may establish a fee for the plan checking services rendered pursuant to this Section,
SECTION 16-60,040
Qualifications and responsibilities of installer
All early warning fire alarm systems shall be installed by a person holding a valid fire protection engineering
license, or a oualitled and experienced contractor with a valid C-I 0 Electrical Contractor's License C 16 elass:fieatioB,
ios"ed by the CalitenHa Department ef Cans,,_r Affairs, ar a valid eleetrieallieen"e, C 10 classiliealiee, er a v.lid
sreeiall)' license, C 61 el.soilieotien, issued by the California Contractors State License Board, All such systems shall be
installed in a workmanlike manner and in accordance with the specifications and standards approved by the Fire District.
Upon completion of the installation, the licensed installer shall instruct the property owner, or his designated
representative, in the use of the system and shall provide applicable manufacturer's operating manuals,
- 5-
Building Code Amendments
SECTION 16-60,050
Inspections by Fire District
NO CHANGE
SECTION 16-60.055
Recorded Notice of Fire Alarm System
!.ill Prior to the issuance of a certificate of occunancv or its equivalent for any imorovements for which an earlv
warning tire alarm system has been required pursuant to this Code. a disclosure [ann uivim! notice of such fire alarm
svstem shall be recorded in the ome. of the Recorder of Santa Clara CounlY. The disclosure shall be signed by an
autllOrized representative of the Saratoga Fire District and shall contain the following information:
ill The address and legal descriotion of the property on which the early warning tire alarm system has
been installed:
W A general description of the fire alarm system. including the locations within the structure where
comoonents of the system have been installed.
ill A reterence to the nermit or other deyelopment apProval granted by the City which reouired
installation and continued oneration of the fire alarm system.
ill The obligation of the nronertv owner to maintain the fire alarm system in good condition and renair.
ill The obligation of the oroperty owner to pay an administrative fee to the Saratoga Fire District for
monitoring the tire alarm system. If such fee also includes the cost of other services orovided bv the
District in COIUlcction with the early warllim! tire alarm system. the natw'c and extent of such services
shall be described in the notice.
ill 111e iob title, address and telephone number of an authorized reoresentatiye of the Saratoga Fire
District who may be contacted if the oroocliv owner requires any assistance or has any Questions
conCCTllhu! the early wamim! fire alarm system.
02l With the "Tilten consent of the properlY owner. the Chief of the Saratoga Fire District or his or her authorized
representatiye may execute and record a disclosure notice containing the intommtiol1 set fo.rth ill subsection I 6-60.055! a).
for any property on which an early w-aruiuQ: tire alarm system has been or \\'111 be installed without the requirement for
recordation of tllc disclosure notice.
SECTION 16-60-060
Voluntary Installation
NO CHANGE
- 6-
Building Code Amendments
Attachment B
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SETTING
A PUBLIC HEARING FOR CONSIDERATION OF AN ORDINANCE AMENDING
SARATOGA
CITY CODE SECTIONS 14-25.110, 15-80.090 AND ARTICLE 16-60
CONCERNING THE EMERGENCY WARNING ALARM SYSTEM AND ADOPTING
BY REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT STANDARDS
AND REQUIREMENTS FOR THE EARL Y WARNING ALARM SYSTEM
The City Council finds and declares as follows:
A, Upon the recommendation of the Saratoga Fire Protection District and the City of
Saratoga Planning Commission the City Council of the City of Saratoga held duly
a noticed public hearings on July 19, 2006 to consider amendments to the City
Code to replace outdated requirements pertaining to early warning alann systems
with standards recommended by the Saratoga Fire Protection District.
B. The proposed ordinance will further the objectives of the Safety Element ofthe
City General Plan,
C. In accordance with Government Code section 50022.2 the ordinance would adopt
by reference the Standards and Requirements for the Early Warning Alann
System adopted by the Saratoga Fire Protection District.
NOW THEREFORE BE IT RESOLVED THAT:
A. A public hearing shall be held at the August 2, 2006 meeting of the Saratoga City
Council to consider the above-referenced ordinance including adoption by reference
of the Standards and Requirements for the Early Warning Alann System adopted by
the Saratoga Fire Protection District.
B. Notice of said hearing shall be published pursuant to Section 6066 in a newspaper of
general circulation. The notice shall state the time and place of the hearing and that
copies of the Standards and Requirements for the Early Warning Alann System
adopted by the Saratoga Fire Protection District are on file with the City Clerk and are
open to public inspection. The notice shall describe the ordinance as follows:
The proposed ordinance will update existing requirements pertaining the
Emergency Warning Alann System administered by the Saratoga Fire Protection
District. The ordinance deletes outdated technical requirements and instead
requires compliance with "Standards and Requirements for the Early Warning
Alann System" as adopted and revised from time to time by the Saratoga Fire
Protection District. The ordinance also clarifies requirements for installation of an
1
alarm system in commercial structures and community facilities, applies the alarm
requirement in connection with specified building permit approvals, and requires
recordation of the alarm requirement for new structures approved following the
effective date of the ordinance, A copy of the full text of the ordinance and the
Standards and Requirements for the Early Warning Alarm System adopted by the
Saratoga Fire Protection are available for review in the office of the City Clerk,
This resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held
on the 19th day of July, 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Norman Kline, Mayor
Cathleen Boyer, City Clerk
/
2
Attachment C
SARATOGA CITY COUNCIL
MEETING DATE:
July 19, 2006
AGENDA ITEM:
Co
b? Jc:::::?
-
ORIGINATING DEPT: Community Development CITY MANAGER:
Dave And~~
PREPARED BY: John F. Livingstone, MCP, Com. Dev. Dir. DEPT HEAD: ~ -.
J h~L"
on. IVln p'ston e
SUBJECT: Review ofthe Administrative Design Review Process
RECOMMENDED ACTIONS:
Direct staff accordingly.
REPORT SUMMARY:
On June 7, 2006, the City Council directed staff to prepare a staff report revIewmg the
Administrative Design Review process.
DISCUSSION:
On June 7, 2006, several speakers asked the Council to review the current Administrative Design
Review process during Oral Communications on Non-Agendized items, One of the speakers
recommended that more public meetings be held on projects that are close to the 18 foot maximum
allowed height limit for Administrative Design Review projects.
Currently staff can approve a new home that is less than 18 feet tall and under 6,000 square feet in
size administratively. The administrative process includes noticing to all neighbors within a 250
foot radius of the proposed project. The primary difference between the Administrative Design
Review process and the Planning Commission Design Review process is the public hearing and the
additional noticing radius of 500 feet.
Another issue raised is that occasionally applicant's represent themselves to the neighbors as the
future homeowners, when in fact they are developers and intend to sell the house immediately upon
completion. Staff has found this to be an age-old practice. Staff deals with this by always looking at
projects from a strict land use perspective.
The following table illustrates the number of applications received for each type of project.
Planning Applications
2002 2003 2004 2005 2006
(Jan - Jun)
Administrative Design Review 59 33 48 35 23
Design Review 29 29 49 36 11
FISCAL IMPACTS:
This report is informational only. Depending on Council direction staff will provide guidance
concerning fiscal impacts.
ALTERNATIVE ACTIONS:
N/A
FOLLOW UP ACTIONS:
As directed by Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posted agenda for this meeting, All speakers from the June 7, 2006 City Council meeting have been
advised by phone of this meeting,
ATTACHMENTS:
I. Flow charts (2) from the City Web page that help applicants determine the required process for
their projects,
2
EXISTING HOME OR ACCESSORY STRUCTURE WITH A MAXIMUM HEIGHT OF 18 FEET
Will any part of the final project be multi-story or
single story that is more than 18 feet high?
=
,. ~
'I
Design Review ~l1Jl{;<1Illmissl!ml , .
No
Will the total gross floor area of all structures on the
site exceed 6000 square feet? ===:::>
Yes
No
Will 50% or more (linear feet) of the existing exterior
walls of the structure be removed as a result of ~ Yes
reconstruction, replacement, or expansion?
No
Will 50% or more (square feet) of the existing
structure be expanded?
===:::> Yes
NO
Wilt a basement be added or enlarged?
=,-~
Municipal Code 15-45.060 end 15-45:065 Guidelines
NEW HOME OR ACCESSORY STRUCTURE
Will any part of the final structure be multi-story
= Yes
or single story that is more than 18 feet tall?
No
Will the total gross floor area of all structures on = Yes
the site exceed 6000 square feet?
No
Will this be a main structure on a lot that is
smaller than 5000 square feet (net lot size)?
Yes
No
Will this be a new single story main structure
that is 18 feet or less in height?
= Yes
No
Will this be a new single story accessory
structure with a gross area iarger than 250 = Yes
square feet?
No
Will this be a new single story accessory
structure with a gross area smaller than 250 = Yes
square feet?
Municipal Code 15-45.060 and 15-45.065 GuldeUnes
SARATOGA CITY COUNCIL
<l
CITY MANAGER: G? J c:::Y
Dm HEAD~/;,w Vb J 1
AGENDA ITEM:
MEETING DATE:
July 19, 2006
ORIGINATING DEPT: City Manager
Recreation
PREPARED BY:
Barbara Powell
Joan Pisani
SUBJECT: North Campus Facility - Anticipated Uses and Needed Improvements
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly,
REPORT SUMMARY:
The following City staff reviewed potential uses at the North Campus facility, identified needed
improvements, and obtained associated cost estimate ranges for the improvements:
Ben Cheng, Administrative Services Department
Yvonne Lampshire, Recreation Department
Brad Lind, Building Official
Kevin Meek, Public Works Department
Kim Saxton-Heinrichs, Recreation Department
Thomas Scott, Recreation Department
On the attached tables, we have provided a range of use levels, with associated improvements, cost
ranges and anticipated staffing,
LEVEL ONE: $80,000 to $100,000
Focus: Modest use of Administration Building (primarily rentals with no set-up; occasional
recreation classes).
Improvements:
Campus-wide
. Provides signage at the property frontage
Administration Building
· Brings the building up to a functional level and modestly improves its aesthetic
appearance
. Partially upgrades HV AC system
lof4
LEVEL TWO: $370,000 to $430,000
Focus: Modest use of Administration Building and Fellowship Hall. Brings in Teen
programs and some Senior usage, Fellowship Hall usage is limited due to flooring
and acoustic issues, Conversion of the Education Building to dry, secure storage,
Improvements:
Campus-wide
· Provides signage at the property frontage
· Landscaping maintenance and restoration of picnic areas
· Electrical system upgrade for entire campus
Administration Building
· Brings the building up to a functional level and modestly improves its aesthetic
appearance
· Partially upgrades HV AC system
Fellowship Hall
· Provides outdoor ADA-compliant restrooms
· Repairs flooring, appliances, plumbing and heating
· Installs HV AC system (none existing)
Education Building
· Repairs roof and caulks windows to create dry, secure storage ~
LEVEL THREE: $556,000 to $656,000
Focus: Increased use of Administration Building and Fellowship Hall, including expanded
Teen and Seniors programs. Installation of wood flooring (broadens range of
potential uses) and acoustic enhancements significantly improves the usability of
Fellowship Hall. Conversion of the Education Building to dry, secure storage,
Provides minimal on-site staffmg,
Improvements:
Campus-wide
· Provides signage at the property frontage
· Landscaping maintenance and restoration of picnic areas
· Electrical system upgrade for entire campus
Administration Building
· Creates ADA-complaint restrooms
· Fully upgrades HV AC system
· Creates small office area to enable on-site staffing
· Provides communications capability for on-site staffing
20f4
LEVEL THREE (ConL):
Improvements (Cont.):
Fellowship Hall
. Provides indoor ADA-compliant restrooms
· Enhances usability of building with wood flooring and noise abatement
Education Building
. Repairs roof and caulks windows to create dry, secure storage only
LEVEL FOUR: $1,198,000 to $1,448,000
Focus: Enables full use of all 4 buildings - Administration, Fellowship Hall, Education and
Sanctuary, Provides minimal on-site staffing.
Improvements:
Campus-wide
. Provides signage at the property frontage
. Landscaping maintenance and restoration of picnic areas
. Electrical system upgrade for entire campus
Administration Building
. Creates ADA-complaint restrooms
. Fully upgrades HV AC system
. Creates small office area to enable on-site staffing
. Provides communications capability for on-site staffing
Fellowship Hall
. Provides indoor ADA-compliant restrooms
. Enhances usability of building with wood flooring and noise abatement
Education Building
. Remodels or rebuilds to enable use as classroom facility
Sanctuary
. Remodels or rebuilds to enable wide range of uses, (e,g. receptions, meetings
and other gatherings)
FISCAL IMPACTS:
Estimated fiscal impacts for each level of use and corresponding improvements are provided on the
Attachment.
30f4
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Usability of the buildings at North Campus will remain limited, the Education and Sanctuary Buildings
will further deteriorate (and are already considered attractive nuisances), and the landscaping and site
improvements will further deteriorate,
ALTERNATIVE ACTION(S):
Direct staff to pursue other options,
FOLLOW UP ACTION(S):
Staff will execute Council direction,
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None,
ATTACHMENTS:
North Campus -- Uses and Corresponding Improvements
40f4
SARATOGA CITY COUNCIL
MEETING DATE: July 19, 2006
AGENDA ITEM:
~
8J/7
~
ORIGINATING DEPT: Public Works
CITY MANAGER:
PREPARED BY: John Cherbone
~~
DEPTHEAD:~e~
SUBJECT: Capital Improvement Plan (CIP) - FY 06/07 Update
RECOMMENDED ACTION(S):
I. Accept report regarding the CIP and provide direction to staff.
2. Adopt Budget Resolution for the McWilliams House Construction Contingency.
REPORT SUMMARY:
The scheduling over time of public improvements is an essential task of a CIP and is based on a
series of priorities according to need, desire, importance, and of the City's ability to fund the
various projects.
A comprehensive CIP can provide many benefits to the City, The foUowing are a few examples
of these benefits:
I. Ensures that public facilities and circulation portions of the general plan are carried out.
2. Remedies deficiencies in the City's infrastructure.
3. Ensures projects built when they are needed.
4. Ensures that funds can be provided from a variety of sources in a logical manner over a
multi-year period.
Recommended criteria to consider when making choices on project priorities:
o Importance relative to community needs.
o Resources available.
o Operation and Maintenance Costs.
Some projects may be fuUy funded over a multi-year period. Other projects may be included but
unfunded, awaiting grants and special funding sources not available at the time of the CIP
development. In other cases Council may wish to fund design and engineering costs only for
projects likely to be submitted for competitive grant applications requiring projects that are pre-
approved and for which designs have been completed.
It is anticipated that review of the draft CIP will require two City Council Meetings scheduled for
July 19th and August 2nd. Once direction from City Council is received on the candidate CIP
projects, staff will submit approved projects to the Planning Commission for review of general
plan and environmental approvals. The process will conclude with public hearings and final
adoption of the new CIP projects by City Council.
ICIP FUNDING SUMMARy!
. One Time Funds:
At the July 6 City Council, Council directed $800,000 to be allocated to the CIP for
project funding.
. Total Available Funds:
One Time Funds Available:
Public Safety Funds Available:
Infrastructure Funds Available:
Facility Projects:
Park Trail Projects:
Tree Fund:
. Total Unrestricted Funds:
Total Available Funds:
Park Dev/Park Bond Funds:
Tree Replacement Funds:
$800,000
243,000
50,000
o
129,600
175.000
$1,397,600
$1,397,600
(129,600)
(175,000)
$1,093,000
The following projects are existing approved CIP projects that require supplemental funds for
completion:
. Total Funds Available Less Supplemental Proiect Fundin!!:
Total Unrestricted Funds: $1,093,000
Aloha Safety Project: (40,000)
McWilliams House Cant. (10,000)
Beauchamps Playground Safety: (15.000)
$1,028,000
. Total Funds Available Less Emerl!encv Proiect Fundin!!:
The following project requires funding as an emergency repair that cannot be deferred.
[Sobey Road was undermined by a collapsed 60" culvert during last winter's rains]
Total Funds Available:
Sobey Road Culvert Repair:
$1,028,000
(150.000)
$878,000
20f5
!cANDIDATE CIP PROJECTS - UNRESTRICTED FUND~
The following candidate CIP projects include approved projects that are unfunded or need
additional funds or were generated by the Public, City Council, or staff, Each candidate project
is categorized under Public Safety, Infrastructure, or Facility,
. Available Fundinl! for Candidate CIP Proiects - Unrestricted: $878,000
. Candidate Public Safety Proiects:
4 Solar Powered Radar Feedback Signs:
Pierce Road Slide Repair:
Continental Circle Slide Repair:
$30,000
161,000
272.000
$463,000
. Candidate Infrastructure Proiects:
Chester Avenue Storm Drain Improvements: $178,000
City Ran Parking Improvements: 150,000
City Ran Parking Enhancements: 25,000
Village Streetscape Imp. (enhancements to Caltrans fund): 1,009,000
*Street Maintenance Backlog: 516,900**
*News Stand Enclosures/Kiosk 45,000
*Village Planters: 15,000
*Righway 9 Widening @ Aloha: 175,000
$2,113,900
*(Projects generated by the public at the July 6 CC Meeting)
**(In previous years the City's base amount for Pavement Management has been
$600,000. This year's Pavement Management budget is over 1.5 million dollars from
all sources),
. Candidate Facility Proiects:
North Campus Building Improvements:
North Campus Grounds Improvement:
North Campus Identification Sign:
*Village Public Restroom:
$350,000
75,000
5,000
150,000
$580,000
*(Projects generated by the public at the July 6 CC Meeting)
30f5
/cANDIDATE CIP PROJECTS - RESTRICTED FUNDs!
· Available Fundin!! for Candidate CIP Projects - Parks Fund Restricted: $129,600
Candidate Park/Trail Projects:
Kevin Moran Park Imp:
San Marcos Open Space Trail:
Trail Segment #3 Erosion Repair:
Odd Fellows Trail Development:
Calabazas Creek Trail:
Terlink Ranch Trail Repair:
*Hakone Gardens Visitor Center:
*New Open Space:
* Alternate Soccer Field Location(s):
$1,445,000**
27,500
16,500
60,500
100,000
30,000
250,000
250,000
250.000
$2,429,500
*(Projects generated by the public at the July 6 CC Meeting)
**(funding amount needed in addition to existing budget)
· Available Fundin!! for Candidate CIP Projects - Tree Fund Restricted: $175,000
Citywide Tree/Landscape Replacement Project:
Staff recommends the following expenditure breakdown:
Parks: $100,000
Medians: $50,000
Rights-of-Ways: $25.000
$175,000
As additional funds are collected staff will bring forward additional projects on an annual
basis.
40f5
FISCAL IMPACTS:
Unknown at this time, Depends on the final CIP project list.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not Applicable,
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Subsequent Public Hearings will be held with both the Planning Commission and City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
I. Budget Resolution.
50f5