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HomeMy WebLinkAbout04-17-2002 City Council Agenda Packet s AGENDA REGULAR MEETING SARATOGA CITY COUNCIL APRIL 17, 2002 CLOSED SESSION-5:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:00 P.M. ADJOURNED TO CLOSED SESSION - 5:00 P.M. Conference With Legal Counsel -Existing Litigation (2 cases): (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Court No, CV-803540) Name of case: City of Saratoga v. Michael S. Costa (Santa Claza County Superior Court No. CV-806843) _ Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regarding price and terms for purchase of real property. Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ARCHIVE COPY 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 April 12, 2002). COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized 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. Communications from Boards and Commissions Correspondence from Sazatoga Planning Commission requesting that the City Council place an item on a future agenda. Written Communications None _ _- _-- Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications; ANNOUNCEMENTS CEREMONIAL ITEMS IA. Proclamation Declazing the Week of April 21-27 "Volunteer Appreciation Week" Recommended action: Read proclamation. 1B. Resolution Commending Mayuri Naito- Saratoga Volunteer Recommended action: Present commendation. 1 C. Resolution Commending Betty Feldhym Recommended action: Present commendation. - 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. Approve Council Meeting Minutes Adjourned Meeting -February 12, 2002 Recommended action: Approve minutes. 2 2B. Approve Council Meeting Minutes Adjourned Meeting -March 12,.2002 Recommended action: Approve minutes. 2C. Review of Check Register Recommended action; Approve check register. 2D. Financial Reports for the Months Ending march 2002 Recommended action: Accept reports. 2E. Review Planning Commission Action Minutes - April 10, 2002 Recommended action: Note and file. 2F. Authorization Mayor to Execute Agreement and Release with Yeo Bai Lee and Heeja Lee Recommended action: Authorize execution of agreement and release. 2G. Resolution for Murray-Hayden Program Grant Application Recommended action: Adopt application. 2H. Resolution Endorsing AB 2351 Introduced by Assembly Member Canciamilla Recommended action: Adopt application: 2I. Congress Springs Park -Approval of AYSO User Agreement Recommended action: Approve User Agreement for three yeazs, waive payment of Use Fee for one yeaz, Approve prepayments of use fee for years two and three of User Agreement. 2J. Landscaping and Lighting Assessment District -Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 2002/03 Recommended Action: Adopt resolutions. PUBLIC HEARINGS None \_.J OLD BUSINESS Public Safety Center -Conceptual Design Recommended action: Accept report and direct staff accordingly. 4. Report on Strategies to Reduce Creek Contamination including Draft Ordinance Removing Below Grade Exemption for Septic Systems Recommended action: Accept report and direct staff to schedule introduction and first reading of septic abatement ordinance amendment following a public heazing; provide direction to staff regarding establishing of sewer lateral inspection requirements. Union Pacific Railroad Trial Update Recommended action: Accept report and direct staff accordingly. 6. Chamber of Commerce Agreement Options Recommended action: Accept report and direct staff accordingly. NEW BUSINESS Awazd of Contract to .Abate a Public Nuisance at 12623 Quito Road Recommended action: Adopt resolution; awazd bid; and authorize execution of contract. COMMISSION ASSIGNMENT REPORTS Arts Commission Waltonsmith Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT 4 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 will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) w:v `? ~~ " ' `ti; x ::wuy; CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 4/23 Adiourned Meetine -Public Safety Commission, Sheriff, Fire Districts 5/1 Regular Meeting 5/7 Adjourned Meeting -Finance Commission, Chamber of Commerce, SBDC 5/11 Council Retreat 5/15 Regular Meeting 6/5 Regulaz Meeting 6/19 Regulaz Meeting 6/25 Adiourned Meetine - Sazatoga Union School District, Cupertino Union School District, Campbell Union School District 7/3 Regular Meeting 7/17 Regulaz Meeting 8/7 Regular Meeting -City Manager Evaluation 8/21 Summer Recess 9/4 Regulaz Meeting 9/18 Regular Meeting 10/2 Regular Meeting 10/] 6 Regular Meeting 11/6 Regulaz Meeting 1 I/20 Regular Meeting 12/4 Regular Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regular Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult Day Care Center, 19655 Allendale Avenue. 5 SARATOGA CITY COUNCIL MEETING DATE: April 17, 2002 AGENDA ITEM: ORIGINATING DEPT:~it~Manager CITY MANAGER: ®~~ DEPT HEAD: ~..~ L..J SUBJECT: Communications from Boards and Commissions RECOMMENDED ACTION: Accept letter and provide direction to staff. REPORT SUMMARY: The Planning Commission has requested that the City Council approve placing an item on a future agenda to discuss the hillside development occurring in Santa Clara County, but within the City's Sphere of Influence. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Letter from Saratoga Planning Commission ~~~'~ O~ ~ ° ~~a~~ 73777 FRITITVALE AVENUE. •~~~~.----{{{S{ARA OGA, CALIF NIA 05070 ®(408)868-1200 . ~pp t~q q~ ~ ~ - CCftJNCILM{'sbISliRS: Incorporated October.22, 195f> ~ ..-. APR 1 ~ 2~~2 Evan Luker (lJA'// Jnfv~ fNehafey - ~ ~ Nick S!reit Apri19, 2002 Arn laa;tons; nits .Mayor and City Council Members, On behalf of the Saratoga Planning Commission I am requesting that the City Council place an item on a fixture agenda. The issue that the' Commission feels needs to be discussed is the hillside development occurring in Santa.. Clara County, but within the City's Sphere of Influence. Currently there are two properties under construction off of Belknap that have retauungwalls in excess of 20 feet in height. Following the discussion, a letter from the City to Santa Clara County expressing what standards should be considered in these types of developments would be appropriate. I would suggest that the City's. Hillside Specific Plan and Hillside .Residential (H-R) honing Ordinance should be used as a basis for the discussion and subsequent letter. Thank you for your consideration. Sincerely, 'c. ~.~- v ~~Ilthia Barry Planning Commission Chair XC: Thomas Sullivan, AICP Community Development Director -,.. J SARATOGA CITY COUNCIL MEETING DATE: April 17, 2002 ORIGINATING DEPT: City Manager PREPARED BYt~c . ~[~.~,z.eJ AGENDA ITEM: CITY MANAGER: ~"`~G6+~-- DEPT HEAD: SUBJECT: Proclamation -Volunteer Appreciation Week April 21-27, 2002 RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: N/A FISCAL IMPACTS: . N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/.A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of proclamation. CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING VOLUNTEERSARATOGA WHEREAS, President Richard Nixon signed executive Order 4228 in 1974 establishing the first National Volunteer Appreciation Week; and WHEREAS, the City of Saratoga is blessed with not only majestic natural resources, but with motivated, talented conscientious individuals with a special devotion to their community; and WHEREAS, Volunteer Saratoga provides a pathway for citizens to participate in and contribute to local government; and WHEREAS, on the morning of September 11, 2001, our nation experienced a renewed call to serve and the response was immediate, selfless, and inspirational; and WHEREAS, in fiscal year 01-02 alone over one hundred and fifty exceptional individuals made extraordinary contributions to the City and the services it provides, including four outstanding young men who selected the Saratoga Community Pre- school to be the beneficiary their efforts as they meet the rigorous requirements of the Boy Scouts of America Eagle Scout Award - Alex Dunn directed and participated in the construction of the Arbor and Gate - Greg New directed and participated in the construction of the animal cage - John Hupton directed and participated in the construction of the picnic tables = Vali Barsan directed and participated in the construction of the playhouse NOW, THEREFORE, I, THE MAYOR OF SARATOGA, on this occasion of National Volunteer Appreciation Week, Apri121 through Apri127, hereby commend each and every individual volunteer who keep Saratoga's Heart Strong. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of Apri12002. Nick Streit, Mayor Saratoga, California SARATOGA CITY COUNCIL MEETING DATE: April 17, 2002 AGENDA ITEM: ~7 ~ ORIGINATING DE T: C' Manager CITY MANAGER: d/-~-~ G~/^-- PREPARED BY: DEPT HEAD: SUBJECT: Commendation for~1I-ayuri Naito RECOMMENDED ACTION: Present Commendation. REPORT SUMMARY: Attached is a commendation for Mayuri Naito. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation. CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING MAYURI NAITO - WHEREAS, President Richard Nixon signed executive Order 4228 in 1974 establishing the first National Volunteer Appreciation Week; and WHEREAS, in fiscal year 01-02 alone over one hundred and fifty exceptional individuals made extraordinary contributions to the City and the services it provides; and WHEREAS, amongst the outstanding pool of volunteers, Mayuri Naito's rose above; and WHEREAS, Mayuri brought irreplaceable grace and beauty to the City; and WHEREAS, Mayuri's gifts to the City included wonderful calligraphy identifying portraits of officials and management, handmade invitations, name tags, and recognition cards, and casual and communicative photographs of City events; and WHEREAS, Mayuri's love and respect for nature led her to an active role in the Audubon Society; and WHEREAS, after four years and six months as a special member of Volunteer Saratoga, Mayuri Naito is returning to her home town in Japan. NOW, THEREFORE, I, THE MAYOR OF SARATOGA, on this occasion of National Volunteer Appreciation Week, Apri121 through Apri127, hereby commend Mayuri Naito for keeping Saratoga's Heart Strong. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of Apri12002. Nick Streit, Mayor Saratoga, California SARATOGA CITY COUNCIL ~, AGENDA ITEM: CITY MANAGER: DEPT HEAD: MEETING DATE: April 17, 2002 ORIGINATING DEPT: C' , anage PREPARED BY: SUBJECT: Commendation RECOMMENDED ACTION: Present Commendation.. REPORT SUMMARY: Attached is a commendation for Betty Feldhym. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Copy of commendation. M CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING BETTY FELDHYM WHEREAS, President Richard Nixon signed executive Order 4228 in 1974 establishing the first National Volunteer Appreciation Week; and WHEREAS, in fiscal year 01-02 alone over one hundred and fifty exceptional individuals made extraordinary contributions to the City and the services it provides; and WHEREAS, amongst the outstanding pool of volunteers, Betty Feldhym rose above; and WHEREAS, Betty has been devoted to the challenge of affordable housing; and WHEREAS, Betty has served as the Chairperson of the Social Responsibility Committee's Affordable Housing Group at Los Gatos Unitarian Fellowship; and WHEREAS, Betty has represented the City of Saratoga on the Citizens Advisory Council Committee in the Urban County Development block Grant program since July 2, 1997, and continues to serve in that capacity; and WHEREAS, Betty was the recipient of a 2002 Award of Special Merit presented by the Santa Clara County Office of Human Relations. NOW, THEREFORE, I, THE MAYOR OF SARATOGA, on this occasion of National Volunteer Appreciation Week, April 21 through Apri127, hereby commend Betty Feldhym for keeping Saratoga's Heart Strong. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on „ ., this l7th day of Apri12002. ~ ~ ~~' r ~ ~ . + :~. s' . . ~. ; '.. Y ~ ~ ~~,Y( ~ ` L .. ~..• ~_ ~~ Nick Streit, Mayor Saratoga, California SARATOGA CITY COUNCIL MEETING DATE: April 17, 2002 AGENDA ITEM: ORIGINATING D PT: ity Manager CITY MANAGER: ~~/~:-.-.5" PREPARED BY: DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -February 12, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes February 12, 2002 MINUTES Saratoga City Council Adjourned Meeting/Joint Session Saratoga City Council Public Safety Commission Saratoga, Cupertino & Campbell Union School District St. Andrew's, Sacred Heart Los Gatos-Saratoga High School District FEBRUARY Y 12, 2002 The City Council of the City of Sazatoga met in a scheduled Adjourned City Council Meeting on February 12, 2002 at the Adult Caze Center, 19655 Allendale Avenue: Mayor Streit called the Adiourned Citv Council meeting to order at 7:00 o.m. and requested Cathleen Boyer, City Clerk, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Ann Wahonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember John Mehaffey ALSO Dave Anderson, City Manager PRESENT: Lori Tinfow, Assistant City Manager Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 12.2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 12, 2002 was properly posted on Februazy 8, 2002. COMMUNICATIONS FROM PUBLIC No one requested to speak at tonighYs meeting. COUNCII, DIItECTION TO STAFF None JOINT MEETING WITH PUBLIC SAFETY COMMISSION AND SCHOOL DISTRICTS Mayor Streit noted that the purpose of this meeting was to heaz how the vazious schools have been working with Commissioner Ballingall to implement the Neighborhood Traffic Management. Program (NTMP), Safe Ride to School Program and the School Traffic Calming Program. 1. INTRODUCTION Bridgett Ballingall, Public Safety Commissioner, explained the purpose ofthe School Task Force and noted all of the schools in Sazatoga aze represented. Commissioner Ballingall introduced the following representatives from the various school districts that serve the City of Saratoga: Hany McKay -Saint Andrew's Marybarbaza Zorio -Saratoga School Dr. Malcolm Brodrick -West Valley College Jane Daigle -Sacred Heart School Tina Johnson -Argonaut School Tom Mazantette -Foothill School Kevin Skelly -Principal, Saratoga High School - '~ Brain Zobel -Vice Principal, Redwood Middle School Commissioner Ballingall noted that the Task Force was formed about a yeaz ago. The first half of the yeaz, the Task Force identified common problems and came up with some short term solution for some of the more dramatic problems and the second part of the yeaz the Task Force discussed how to go forward and tackle some of the common problems. Commissioner Ballingall noted that the Task Force wrote a School Traffic Calming Program. Commissioner Ballingall explained that in the beginning, the Task Force met once a month, but she hopes in that the future the Task Force would meet every two months and use peoples time more effectively by meeting at the different school sites. Commissioner Ballingall noted that the vazious school; representatives would like to inform the Council what their schools is doing to calm traffic and offer their suggestions on what the City can do to help. - Harry MclCay, St. Andrew's, thanked Commissioner Ballingall and the Public Safety Commission for all of their work and for forming the Task Force. Mr. McKay noted that St. Andrew's is forming a traffic committee. Mr. McKay noted that one possible solution is to stagger the start times of the various schools. Jane Daigle, Sacred Heart School, noted that she feels the biggest issue is to look at the start and ending times of the schools. Ms. Daigle noted that only a few students at Sacred Heart walk to school because of the unsafe conditions of Saratoga Avenue. Ms. Daigle noted the Safe Routes to School program should help. Ms. Daigle noted that she looks forwazd to continuing working with the Task Force Vice Mayor Baker noted that he is concerned about the conditions on Sazatoga Avenue-and asked if she thought different traffic light control would help. Ms. Daigle responded that the crosswalk at Saratoga Avenue and Fruitvale Avenue is the only safe place to cross. Mr. McKay noted that the lack of sidewalks also contribute to unsafe conditions on Sazatoga Avenue. City Council Meeting Z Febiua[y 12, 2002 Mary Bazbaza Zorio, Sazatoga School, explained that Saratoga School has finished all of the renovations. Ms. Zoruio noted that last summer Commissioner Ballingall met with a group of parents and the School Site Council and suggested that they work with the City's Traffic Engineer, Tim Jeffries. Ms. Zorio explained that Mr. Jeffries helped them with crosswalks and walking paths. Ms. Zorio stated that the crosswalks and paths have helped tremendously. Ms. Zorio noted that their main problem is Highway 9. Ms. Zorio suggested that the City install a light at that intersection. Mayor Streit responded that along with the proposed Public Safety Center, on the corner of Sazatoga Avenue and Highway 9, a traffic study would be done to look at that azea. Councilmember Bogosian noted that, as a neighbor of Sazatoga School, he has noticed a tremendous improvement. Councihnember Bogosian noted that there is inadequate space for cars to pass on Oak Street. Brian Zobel, Redwood Middle School, explained that he has been working to educate the pazents, closed the left turn lane from the pazking lot, increased signage on school property, and placed cross guazds at Allendale and Fruitvale. Mr. Zobel noted that he agrees that the lack of side is a problem. Mr. Zobel noted that they were still investigating other solutions such as utilizing their lower black top area for a drop off and pick off area. Councilmember Waltonsmith asked if the pazents were notified not to pazk and cut through the City's parking lot. Mr. Zobel responded that they put out several letters to the pazents. Kevin Skelly, Sazatoga High School, explained the steps taken to address traffic issues at and azound the school: • Only allow junior and seniors to park on campus and leave during lunch. • Accelerate the construction of the West parking lot so we have enough pazking. • Open basketball courts for parking after re-stripping. • New pathways along Herriman Avenue -working with Director Cherbone to install. • Added extra set of classroom books for students do not have such heavy backpacks and aze therefore more likely to walk or ride their bikes. ~ Used Principal's newsletter to promote carpooling. Councilmember Bogosian noted that he has seen some improvement of the drivers of the high school community. Tom Mazantette, Foothill School, noted that Foothill is in the middle of construction. Mr. Mazantette noted that when the construction is done there should be a better flow of traffic in the back and front drop off areas. Mr. Mazantette noted that a lack of sidewalks on Reed Avenue forces the students to walk in the street. Tina Johnson, Argonaut School, noted that Argonaut is working on the drop off azeas and utilizing student crossing guazds. Ms. Johnson noted one problem they have is that pazents use Charter Drive as a drop off azea; unfortunately, it is anon-authorized drop off azea. City Council Meeting 3 Feb[uazy 12, 2002 Malcolm Brodrick, West Valley College, noted that the next September they would be going to a sixteen-week semester, the first class would be starting at 7:30 a.m. Mr. Brodrick noted that he fully supports the City's programs, but stated a lot of the issues do not apply to the College. Councilmember Waltonsmith asked if the bus system is utilized. Mr. Brodricjk noted that the College encourages the use of public transportation to the students and to the teachers by using ALTRANS. Councilmember Waltonsmith noted that she is proud of the effort from the vazious schools to mitigate the traffic problems. Mayor Streit noted that traffic is a priority to this Council and noted that they are committed to working with the schools to try and solve some of the issues. Vice Mayor Baker responded that construction of sidewalks probably would not be supported by the neighborhoods. Although he would support sidewalks on the main arterial streets. Vice Mayor Baker noted that some residents believe that curbs and sidewalks take away from the "Waal" feeling. Commissioner Ballingall noted that a few strategically constructed sidewalks throughout the City might help reduce the number of cazs on the streets. Vice Mayor Baker noted that perhaps the Public Safety Commission could look at the entire City and present to the Council their recommendations for sidewalks. Mayor Streit thanked Commissioner Ballingall and the representatives from the various schools for attending tonight's meeting. Mayor Streit declared a recess at 7:45 p.m. Mayor Streit reconvened the meeting at 8:00 p.m. 2. ADOPT RESOLUTION OPPOSING MEASURE E STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-010 RESOLUTION OF THE CITY COUNCIL OPPOSING MEASURE E - A BOND MEASURE PROPOSED BY THE WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT Dave Anderson, City Manager, presented staff report. CiTy Council Meeting (1 February 12, 2002 City Manager Anderson explained that at the City Council meeting of January 16, 2002 a member of the public requested that the City take a position on the West Valley- Mission Community College District Bond Measure ("Measure E") that will be considered by the voters at the March 5, 2002 election. Staff to obtain information on Measure E and presented that information to the City Council at its meeting of February 6, 2002. The Council also accepted public testimony from supporters and opponents of the Measure at that meeting. Following public testimony Council members expressed concern with the Measure and staffwas directed to prepare a resolution in opposition to the Measure for consideration at the next City Council meeting. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION OPPOSING 1~11`/AV Vl\L' L' A LVl\Y 1~11/AV V1LLi 11\V1 VVL'Y Yl llJL •11'~Vl •tfLLYl- MISSION COMMUNITY COLLEGE DISTRICT. MOTION PASSED 3-0-1-1 WITH MEHAFFEY ABSENT AND BOGOSIAN ABSTAINING. 4. SARATOGA CHAMBER OF COMMERCE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that on February 6, 2002 two Councilmembers requested staff to investigate the City's financial relationship with the Chamber of Commerce, the building lease, and the annual financial support and report back to Council. Assistant City Manager Tinfow explained that the Council has been supporting the Chamber of Commerce since 1968. In 1973, City was given the James McWilliams house. In March 1976, the City entered into an agreement that permitted the Chamber to use the house for payment of $1 per year. Over the years, the Chamber has also received funding from the City ranging from $3000 - $7000. Assistant City Manager Tinfow stated that in Spring 2000 the Chamber requested their cash allotment be increased to $10,000 per year to reflect the wide range of services they provide to others beyond their membership. The request for increased funding was no incorporated onto the 2000-02 budget. The City Council did not approve an agreement, therefore, the Chamber has been operating without an agreement for the past l9 months. Assistant City Manager Tinfow noted that the City has made three paymems of $836.26 to the Chamber in FY 2000/01. Assistant City Manager Tinfow stated that she performed a survey of the City/Chamber support in nearby cities and briefly explained the results. City Council Meeting 5 ~ - Febroary 12, 2002 Assistant City Manager Tinfow noted that the City Council could take the following actions: - • Alternative 1 -maker no changes to fmancial support at this time but take the Chamber's behavior, and the relationship between the Chamber and the City into consideration for next yeaz's budget process. • Alternative 2 -Continue in-kind support only; withdraw cash funding. • Alternative 3 -Direct staff to reestablish agreement negotiations with the Chamber and bring revised agreement between the City and the Chamber back to Council by a set date; if no agreement is reached by set date, withdraw all financial support. • Alternative 4 -Withdraw all City financial support fro the Chamber including termination of the license agreement, withdraw for cash subsidy, and withdraw of in-kind support for Celebrate Sazatoga. Councilmember Bogosian asked if when the survey was done did each City provide a list of what services their Chambers provide. Assistant Cit y Manager Tinfow responded no, but most Chambers' provide relocation information, visitor information, business referrals, directory publications, and community events. - Councilmember Bogosian asked if the City has ever received the $1.00 rent from the Chamber. Assistant City Manager Tinfow noted that she would look into that. Councilmember Waltonsmith noted that she counted 311 members in the Chamber's directory and out of that number l l lthat were the following categories: • 94 non Sazatoga address • 16 associations and clubs • 15 individual • 9 churches • 7 schools • 4 miscellaneous Councilmember Waltonsmith stated that this means there are only 160 Saratoga businesses that the Chamber supports. Councilmember Waltonsmith stated that in the year 2000 when the Chamber requested more money she did a survey of neazby City/Chamber relationships. Councilmember Waltonsmith noted that the City of Palo Alto does not give their Chamber any money. The Town of Los Gatos cut off all ties to their Chamber for many yeazs until a workable agreement was reached; now they have a 23-page agreement. City Council Meeting 6 February l2, 2002 David Hernandez, 5628 Park Crest Drive, noted that he is a former graduate of Saratoga High School and the recent President of the Chamber of Commerce. Mr. Hernandez stated that the Board was very surprised at the actions of the City Council and want to know why. Mr. Hernandez described all of the events and services that the Chamber provides to the City and to the residents to promote and improve the business community in Saratoga. Councilmember Waltonsmith asked Mr. Hernandez if the Chamber's Board take polls of their members when they a political stand. Mr. Hernandez responded that he did not know. Councilmember Bogosian asked in five yeazs how many Saratoga businesses have joined the Chamber. Mr. Hernandez said he did not know and would refer the question the Executive Director. Pat Andresen, 19952 Garnett, noted that she was a President of the Chamber of Commerce. Mrs. Andresen noted that the Chamber of Commerce is a very important part of the community. Mrs. Andresen noted that when she had her own business non- Sazatogaresidents and businesses were an asset to promote their business. Michael Fox, 14000 June Way, noted that he is the Chair Elect of the San Jose/Silicon Valley Chamber of Commerce. Mr. Fox noted the actions of this Council in attempt to cancel contract, terminate the Chamber's lease, and cancel future support of Celebrate Saratoga, and to agendize that action immediately following the Chamber's endorsement to a ballot measure opposed by the Council is very disturbing. Mr. Fox stated that on behalf of the San Jose/Silicon Valley Chamber of Commerce they aze ready to do the following for the Sazatoga Chamber of Commerce: • Find a home for the Sazatoga Chamber to communicate with it's members • Provide administrative support • Provide support for Celebrate Saratoga • Send a message to all Chambers in Santa Clara County to stand with them and support Sazatoga Chamber Mr. Fox noted that all of this is avoidable by the Council's actions tonight. Mr. Fox stated that overt political punishment is not good government. John Palladimo, 14670 Quito Road, noted that he has been a resident for two yeazs and the first thing he and his wife did was join the Chamber of Commerce. Mr. Palladimo noted that he was surprised when Councilmember Bogosian requested top agendize cutting ties with the Chamber. Mr. Palladimo noted that all Chambers should have the support of the City even though they might not always agree. Mr. Palladimo noted that what is needed between the City and the Chamber is more communication lines. City Council Meeting '7 Febmary 12, 2002 Councilmember Bogosian asked Mr. Palladimo is he was a member of the Executive Committee when the issue surrounding the Mt. Winery. Mr. Palladimo responded yes he was a past Committee member but not during the time when the Mt. Winery was discussed. . Ray Friess, 20225 Ljepava Drive, noted that he has been a Chamber member for 12 yeazs. Mr. Friess noted that he feels the Chamber is an asset to the City. Sazatoga's business environment is unique, consists mostly small businesses. Mr. Freiss noted that he has been trying to get the business license data from the City but has been unsuccessful. Mr. Friess. noted that the Chamber receives at least fifty calls a day. Herb Radding, 14050 Chester Avenue, noted that he has lived in Sazatoga for 27 yeazs. Mr. Radding stated that he questions if the members of the Chamber of Commerce agrees with the actions taken by the Boazd. Mr. Radding noted that he received the sample ballot in regazds to Measure E and compazed it to the project list for the College District and questioned how the money will be spent. Lea Ann Hernandez, 14626 Big Basin Way, noted that her family has owned the Sazatoga Oaks Lodge for fifty-five yeazs. Ms. Hernandez asked how the Chamber is suppose to increase their membership with Sazatoga Businesses when the City will not let businesses come into the City. Ms. Hernandez noted that with the events of September 11 it has affected the business community in Sazatoga. Dick Wood, 14694 Sycamore Drive, noted that he is retired, but still volunteers in a number of activities in Saratoga. Mr. Wood noted that he was the President of the Chamber in 1995. Mr. Wood noted that he was surprised with the Council's action to agendize terminating the financial ties with the Chamber. Mr. Wood stated-that for many yeazs the City and the Chamber had a good working relationship. Mr. Wood noted the Mayor in 1994 started the SBDC, which is still meets today. Cynthia Barry, 19281 San Mazcos Road, noted that she has been a Sazatoga resident for 27 yeazs and was not speaking a s the Chair of the Planning Commission. Ms. Barry noted that the City Council has consistently and courageously made neighborhood interest top priority. Ms. Barry noted that this Council has also been very proactive in prompting business in Saratoga. Ms. Barry noted that the Chamber accepts public funds but closes their meetings to the public. Ms. Barry requested that the City discontinue supporting the Chamber of Commerce. Willys Peck, 14275 Saratoga Avenue, has been resident for 78 years and is an Associate member of the Chamber. Mr. Peck noted that he was here tonight to point out and emphasize that the Chamber of Commerce is a necessary element in this community. Mr. Peck noted that he feels the Chamber should not be moved from there Councilmember Bogosian asked as an Associate Member does he pay dues and was he polled by the Executive Committee as to whether he supported that position on the Mt. Winery City Council Mee[ing $ Febmary 12, 2002 Mr. Peck responded yes he pays dues and but cannot remember if he was polled. . Vic Monia, Granite Way, noted that if the Chamber was a success, why did the City have to hire Economic Development Coordinator. Mr. Monia stated that severing ties with the Chamber did not come up because of Measure E; it has been an ongoing problem. Mr. Monia stated that past Council's were also dissatisfied with the services provided by the Chamber. Mr. Monia stated that he feels the Chamber is a poor investment for the City and the City's taxpayers have not been getting the service they . deserve. Sheila Arthur, 509 Dipper Circle, San Jose, noted that she was the Executive Director of the Chamber of Commerce from 1988-1999. Ms. Arthur pointed out that she worked with 3 City Managers and 11 Mayors during that time. In regazds to the Chamber's storage unit at the Corporation yard, Ms. Arthur explained that the City allowed the Chamber to store it there in return the Chamber put City information on their website. Ms. Arthur stated the City's Chamber cannot be compared to neazby cities. Cheriel Jensen, 13737 Quito Road, pointed out that the City has always had problems with the Chamber. Ms. Jensen noted that the Chamber has never supported the neighborhoods in Sazatoga. Gary Smith, PO Box 2682, noted that he owns a business in Saratoga since 1991 and has been a Chamber member ever since. Mr. Smith noted that he feels the Chamber provides good networking opportunities for small businesses. Mr. Smith noted that it is important to keep a good relationship with the Chamber. Dale Allen, 14426 Black Walnut Court, noted that the City has a right to stop funding to the Chamber because the City has not seen results. Mr. Allen pointed out the City Council invites the public to come to the meetings and participate whereas the Chamber holds closed meetings. Peazl Medeiros, 1045 Zarick Drive, San Jose, stated that she is not Saratoga resident but a member of the Chamber. Ms. Medeiros noted that City representatives, Mayor Streit and Councilmember Waltonsmith have attend the Chamber's Board meetings. Ms. Mederios stated that the Board did have one closed meeting last yeaz when personnel issues were discussed. In regards to the vote by the Board of Director supporting Measure E, Ms. Medeiros stated that Dr. Marchelle Fox did not attend that meeting nor did she vote. Fran Andresen, 19952 Garnett Court, stated that the Chamber has a new Board of Directors and requested that the City Council should consider Alternative #1 and give the Chamber another chance. Jack Mallory, 12258 Kirkdale Drive, noted that he has been a Sazatoga resident since 1967. Mr. Mallory stated that the Chamber should take a class in diplomacy. Mr.. Mallory noted that he believes the Chamber is an important part of the community. City Council Meeting 9 February 12, 2002 Councilmember Bogosian noted that the Council has received approximately 40 emails and a packet of correspondences in regards to this issue. Councilmember Bogosian stated that after looking through all of the correspondences approximately 2/3 favoring some kind of sanction on the Chamber and 1/3 favoring urging no sanction. Councilmember Waltonsmith noted that she pulled the Chamber's "Mission Statement" off of their website and stated, "The most basis of all Chamber activities is it's unifying influence". Councilmember Waltonsmith noted that she agrees. Councilmember Waltonsmith read a few statements from City Councilmembers from other cities in. regazds to their Chambers. Councilmember Waltonsmith noted that the Town of Los Gatos agreement with their Chamber states that they expect "service" and "cooperation", which in her mind is what the Saratoga Chamber of Commerce is missing - it has been divisive. Councilmember Waltonsmith noted that she agrees that the Chamber has done good projects but in addition they have been divisive and have taken stances that have not been good for the citizens of Saratoga. Councilmember Waltonsmith noted that she does not agree with the way the current Boazd of Directors have high jacked the Chamber and have focused on pet projects of Board members to the determent of Sazatoga business in general. Councilmember Bogosian stated that every person that comes before the Council has the person US constitutional guaranteed right to state their opinion over the years on the Council he has heard a lot of view in which he does not agree with. Councilmember Bogosian stated that he does not maintain and never has that an organization should agree with what Councilmembers or Councilmember, but however the question before us tonight is continuing the funding of the Chamber of Commerce of $30-40 thousand dollars a yeaz - is it a good business deal for the City. Councilmember Bogosian noted that tonight the Council has to make a business decision tonight. Councilmember Bogosian noted that he would like to point out a couple of issues for everyone to consider. Councilmember Bogosian stated that this Council has spend approximately $300,000 or more on legal fees to deal with three key issues 1. Development at Azule -The Chamber of Commerce took the position to favor a lazge proportion of residential building on the property -seems like a pro business decision - it just so happens that a family member of the property owners was a past president of the Chamber of Commerce. 2. Mountain Winery -The City has spent a lot of money on Attorney fees to develop conditions to guazantee the preservation of our neighborhoods in our city from the effects of traffic and noise from the Winery. The City fought with the County to be involved in the process. The Executive Director at the time; Abby Krimotot, came to a Planning Commission and stated that the City Council does not represent the people of Saratoga. 3. Measure E -sheds light on the relationship between the Chamber and West Valley Boazd. The City has spent a lot of money to preserve the quality of life for the residents of Sazatoga. City Council Meeting 1 Q Febrvary 12, 2002 Councilmember Bogosian noted that he does not believe it is a good business decision to spend taxpayer money on an organization that has consisting and publicly opposes quality of life issues of our residents. Councilmember Bogosian stated that he would have no problem with the Chambers decision if we were not spending taxpayer money. Councilmember Bogosian stated that in order to keep the cash support and lease agreement with the Chamber the Council needs to prove to the people that it is a good business decision to continue. Councilmember Bogosian stated he supports cutting the cash and the lease. Vice Mayor Baker stated that there is a lot of evidence proves that this City Council is pro business. This Council has made decisions to promote and retain businesses. Vice Mayor Baker noted that he believes that no City should be without a Chamber, but agree with the Town of Los Gatos when they cut ties with their Chamber, when the Chamber became political advocates. This is not the role a chamber should have. Vice Mayor Baker noted that he doesn't agree think the Chamber and citizens should always agree with all the decisions this Council makes. Vice Mayor Baker asked if he thinks the City has a good working relationship with the Chamber, NO. Vice Mayor Baker noted a year ago he chaired the joint meeting with the Chamber, who at the time the Executive Director presented an outgoing multifaceted approach to improve the interaction with the city, however that program never happened nor did any serious negations take place between the City and the Chamber. Vice Mayor Baker noted that he knows it is to the benefit to every business, the City Council, and to the City of Saratoga to have a Chamber of Commerce. Vice Mayor Baker stated that he does not like any of the options presented tonight, he doesn't feel the Chamber should be cut off, nor does he agree with getting rid of Celebrate Saratoga. Vice mayor cautioned the Chamber Board not to become a political entity, it is not the Boards role, their role is to promote and encourage good business in Saratoga -every one reaps great benefits form that. Vice Mayor Baker noted that he would-only support putting aside all of the negative comments and get to a cooperative discussion between the City and Chamber to come for the benefit of all. Mayor Streit concurred with Vice Mayor Baker, noting that one of his g6a1s when he became Mayor was to build a cooperative nature with all the different groups in Sazatoga. Mayor Streit noted that the Chamber of Commerce is an integral part of the community. Mayor Streit noted that some day the Chamber will be on its own, but this is not the time to cut them off. Mayor Streit noted it is the time to get an agreement together where the City can put down in writing what we expect for the City's funding. Mayor Streit noted the City has not proven that the Chamber has not does what the City has asked because we don't have an agreement. City Council Meeting j 1 - - February 12, 2002 Mayor Streit stated that he is not willing to support any of the options. Mayor Streit stated that in theory the vote is 2-2 and suggested that Council direct staff to do more reseazch and come back March 6, 2002 if Council agrees. Councilmember Bogosian suggested that staff should go back to the record two yeazs ago when the City provided an agreement to the Chamber but never received it back signed. Councilmember Bogosian suggested that in three months Council should review this issue and see if we have made any process. Vice Mayor Baker suggested a Study Session between the Chamber Board and the City Council. Councilmember Waltonsmith noted that she could support sitting down with the Chamber and discuss all the past and future issues. Councilmember Waltonsmith noted that she is willing to go forward to work out an agreement with the Chamber. A discussion took place in regards setting up another meeting with the Chamber - possibly May 7, 2002. City Manager Anderson was instructed to work with the Chamber to come up with a date. Mayor Streit thanked everyone for coming this evening. 3. PROPERTY CLAIM OF HAKONE GARDENS; CLAIM NO. GL-053582 STAFF RECOMMENDATION: Authorize payment of deductible. Cathleen Boyer, City Clerk, explained that on Januazy 18, 2002 a small fire occurred in the Cultural Exchange Building on the Hakone Gardens property. The City leases this property to the Hakone Foundation. Under the lease agreement that was renewed in November 2000 the City is responsible for providing "fire and extended coverage insurance on all buildings and other insurable improvements located on the premises which aze the property of the Landlord." City Clerk Boyer stated that the City's claims examiner met with Masako Hall the Director of Administration at Hakone Gazdens to assess the damage on January 23, 2002 and again of January 29, 2002 to investigate the incident. Full coverage is available on this loss subject to the $5,000 Property Program Deductible. City Clerk Boyer explained that in order to mitigate the smoke damage sustained throughout the Cultural Exchange Center, Four Star Restoration was called and performed the necessary clean-up totally $10,856.71. Ms. Hall is currently obtaining estimates and invoices for the cost to repair the divider screen door, the floor framing and the replacement costs for the electric burner. So far the estimates total $4,066.64 Councilmember Bogosian requested that City staff follow up with Hakone that they install safety precautions. City Manager Anderson responded that staff would contact Hakone. City Council Mee[ing 12 Febtuazy 12, 2002 CITY COUNCIL ITEMS Councilmember Waltonsmith referred to an article she read recently in the New York Times. Councilmember Waltonsmith explained that Kabul University has reopened and is in need of books. Councilmember Waltonsmith explained that a professor at the University stated that their library was empty and would take donations. Councilmember Waltonsmith asked if the City could coordinate some sort of collection efforts to help. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 10:10 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Meeting 13 February 12, 2002 SARATOGA CITY COUNCIL ~. MEETING DATE; April 17, 2002 ORIGINATING DEPMan SUBJECT: City Council Minutes AGENDA ITEM: CITY MANAGER:0~~~-.F---- DEPT HEAD: RECOMMENDED ACTION: - Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -March 12, 2002 FISCAL IMPACTS: N!A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes March 12, 2002 ~J MINUTES SARATOGA CITY COUNCIL ADJOURNED MEETING JOINT SESSION SARATOGA AREA SENIOR COORDINATING COUNCIL PARKS AND RECREATION MARCH 12, 2002 The City Council of the City of Sazatoga met in open session in the Administrative Conference Room at 6:10 p.m. to interview applicants for the Public Safety Commission and Heritage Preservation Commission. The City Council of the City of Sazatoga met in a scheduled Adjourned Council Meeting on Mazch 12, 2002 at the Adult Care Center, 19655 Allendale Avenue. Mayor Streit called the Adiourned Citv Council meeting to order at 6:05 n.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO Daue Anderson, City Manager PRESENT: Cathleen Boyer, City Clerk John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 27.2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 12, 2002 was properly posted on March 8, 2002. COMMUNICATIONS FROM PUBLIC No one spoke at tonight's meeting. JOINT MEETING WITH SARATOGA AREA SENIOR COORDINATING COUNCIL Mayor Streit welcomed Sazatoga Area Senior Coordinating Council. U " 1. Sean O'Leary, Executive Director, thanked the City Council for the opportunity to meet with them and introduced Kazen Lorenz, Administrative Director/Adult Day Care Center • and the SASCC Boazd members. Director O'Leary took the opportunity to thank City Manager Dave Anderson, Recreation Director Joan Pisani, and Councihnember Waltonsmith for taking him under their wing and helping him in the first few months of his employment. Director O'Leary stated that tonight he would be presenting SASCC Annual Report, which would include the past, present, and future of SASCC and the organization finances. Director O'Leary noted that in May 2002 he was hired as the Executive Director of SASCC. On June 2002 the new Executive Boazd was installed and appointed Jo Trimble as President. Director O'Leary noted that SASCC has held seven fundraising events such as: • Auction • High Tea • Chinese Luncheon • .Adult Day Care Center's Fashion Show Director O'Leary noted that SASCC today offers programs that bring people together such as: • Socialization -weekly lunches, coffee social, high tea, needle work, Monday night Football • Education -memoir writing, art history, acrylic painting, financial planning, managing life changes, computer training, driving safety class, money matters • Entertainment -matinees, cazd games • Health -aerobics, blood pressure, podiatry, yoga, squaze dancing, line dancing, golf Karen Lorenz, Administrative Director/Adult Day Care Center, noted that this past January the Adult Day Caze Center celebrated their 14th anniversary. Director Lorenz noted that when the program first started in January 1988 the Center was only open two days a week. In 1994 the Center had to expand the program to five days a week and had I5-20 participants. Councilmember Bogosian asked there is more people wanting to participate in the program then there is space available Director Lorenz responded that there is only a waiting list for Friday. Vice Mayor Baker asked how the Center determines who gets accepted into the program. Director Lorenz stated it is a first come first serve basis. Vice Mayor Baker asked if there was a preference for Sazatoga residents. City Council Minutes 2 Mazch 12, 2002 Director Lorenz responded no there was no preference for residents; it would not be fair. Councihnember Waltonsmith asked if other cities have programs similar to the Adult Day Care Center. Director Lorenz responded that most cities do not have a senior services. Director Lorenz stated the C~rpertino and Los Gatos have senior programs. Director Lorenz she and Director O'Leary would be appearing before the Campbell City Council requesting funding since Campbell residents participate in the Center's programs. Director O'Leary stated the following future objectives for SASCC: • Implement new programs and services • Keep pace and remain innovative - • Create interest and expand membership • Localized advertising • Public relations with community groups Director O'Leary noted that their net assets aze approximately $1,219,000 with $725,000 of restricted endowment and an annual budget of $351,000. Director O'Leary noted that the $725,000 cannot be used for operations. Director O'Leazy noted that this money has been invested. In conclusion Director O'Leary stated that their program is innovated, proactive, a catalyst for community involvement and socialization though meaningful activities, boundless opportunities for individual experience and growth. The City Council thanked Director O'Leary and Directory Lorenz for their presentation. Mayor Streit adjourned the Joint City Council meeting with SASCC and requested afive-minute break at 8:00 p.m. Mayor Streit requested that the Council move to Item 3. Consensus of the City Council to move to Item 3. NEW ITEMS RESOLUTION REQUESTING A STUDY AND REPORT ON PROPOSED ZONING ORDINANCE AMENDMENTS TO ESTABLISH MIXED-USE OVERLAY ZONE - STAFF RECOMMENDATION: Adopt resolution. TTTLE OF RESOLUTION: 02-015 RESOLUTION OF THE CITY COUNCII.. REQUESTING A STUDY AND REPORT ON PROPOSED ZONING ORDINANCE AMENDMENTS TO ESTABLISH AMIXED-USE OVERLAY ZONE City Council Minutes 3 March 12, 2002 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the City's draft Housing Element contains several programs; one of the programs amends the Zoning Code to implement aMixed-use Overlay Zone. Director Sullivan explained that on April 19, 2000; the City Council adopted an Interim Ordinance that was in place until the voters decided the fate of the moratorium on a ballot measure regazding multi-family development in the commercial zones. The voters adopted Measure G on November 7, 2000. The Measure will expire on Mazch 15, 2002. Director Sullivan explained that the proposed resolution would direct staff and the Planning Commission when reviewing development proposals. Once the draft Housing Element is adopted, it would provide additional policy direction. It is expected that the Planning Commission will report back to the City Council prior to the end of June, however, the proposed resolution sets a date of July 3, 2002 for them to report back. BOGOSIAN/BAKER MOVED TO ADOPT RESOLUTION REQUESTING A STUDY AND REPORT ON PROPOSED ZONING ORDINANCE AMENDMENTS TO ESTABLISH MIXED USE OVERLAY ZONE. MOTION PASSES 5-0. 4. LETTER OF SUPPORT -AB2863 STAFF RECOMMENDATION: Authorize Mayor to sing letter of support. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that Longville has introduced AB 2863 at the request of the League and CSAC. The introduced version of the legislation declares legislative intent regazding the development and adoption of local housing elements. In addition, the bill establishes a definition of "residential unit" and "substantial compliance" under law, and contains additional intent language that acknowledges some of the difficulties local governments face in promoting development of additional housing. BAKER/WALTONSMITH MOVED TO AUTHORIZE MAYOR TO SIGN LETTER OF SUPPORT FOR AB2863. MOTION PASSED 5-0. City Council Minutes 4 March 12, 2002 ADJOURNMENT TO JOINT MEETING PARKS AND RECREATION COMMISSION Mayor Streit commenced the Joint Meeting with the Pazks and Recreation Commission at 8:05 p.m. Cary Bloomquist, Administrative Analyst/ Staff liaison, introduced the following Pazks and Recreation Commissioners: Elaine Clabeaux, Chair Logan Deimler Angela Frazier Nick Seroff Greg Gates Norbert Fronczak Due to a prior commitment, Analyst Bloomquist noted that Sandra Dodge was unable to attend tonight's meeting Elaine Clabeaux, Chair/Pazks and Recreation Commission, noted that tonight she would be speaking on behalf of the Saratoga Pazks and Recreation Commission. Chair Clabeaux took a moment to thank Vice Mayor Baker for serving as their Council liaison and Cary Bloomquist for serving as their staff liaison. Chair Clabeaux stated that she would be providing the Council with an overview of the Commission's past, present and future projects. Chair Clabeaux explained the Commission's accomplishments in the last 12 months, projects in the works and projects for the future: • Trail Maintenance -Upper Pazker Ranch repair/rerouting in progress. Mt. Eden and Teerlink W ay trail repairs scheduled. • Current new trail activities:. Steve Haynes Trail realignment completed. • Master Trail Map Project: o Goal: list of parcels by number with matching owner name, property address etc. and update of property database to include Trail Flag o Progress: property list generated (262 pazcels) forwarded to City Staff o Next: review title easements, which is costly, determine from City how information is to be entered/maintained/coordinated • UPRR Trail: o Desire to set up UPRR corridor as open space to preserve from development o Investigate use of PG&E right-of--way for trail easement o Identify parcels adjacent/neaz UPRR corridor o Address neighboring homeowners concerns Current Action Items: o The problem of illegal bicyclist use of Upper Parker Ranch Trail -possible solution is to work with local advocacy group to repair damaged trail and neighbor relations. Determine approach to lessen future misuse City Council Minutes 5 March 12, 2002 ` o New community representatives to Trail Subcommittee to replace Teri Bazon. The PRC would like to recruit a hiker, bicyclist and an equestrian. The PRC would like to submit a request to the Council to honor Teri Bazon with a commendation form the City. • Potential Future Projects: o Promote Sazatoga's trails. The PRC would like to sponsor a "Trail Day". o Investigate new Quito Rd/San Tomas Creek trail in conjunction with Santa Claza Valley Water District Chair Clabeaux explained the progress of the following Task Forces: EI Ouito Task Force • Survey generated by homeowners is to be sent to all homeowners -Commission did not approve this survey. - • A Community Park Survey is being completed by the PRC that will provide feedback to the City from all citizens and their desires for community parks. • A parking study is in the planning stage. Azule Park Task Force • The Task Force has met several times with MPA Design. A 25-50% drawing will be ready for the PRC meeting on April 1, 2002. • The PRC will review the design, make any recommendations, and approve the drawings for a public meeting to be held later in April. • A presentation of the completed pazk plan will be presented to the Council. Construction is scheduled to begin late June or eazly July with a goal of completion by the end of the year. Skateboard Task Force • Five locations were determined thus faz to meet the criteria of restrooms, space, and availability. These are Congress Springs Pazk, the lower hardtop azea at Redwood Middle School near the Corp Yard, and the three surrounding parking areas at City Hall. • Overview of recommendations: o Pazk would be staffed for the first year o Equipment would be rotated for the first year o No fee o Age cut off: (under 10 yeazs old with adult supervision) o Safety (all required to weaz helmet, knee and elbow pads) o Identification (method still being researched) o Hours of operation: ^ Summer Mon-Sat llam-6 pm • School years Hours Sat 11 am-Spm, Sunday 12 noon-Spm ^ Scholl Holidays and Special Events 90 hours Chair Clabeaux noted that it was recommended by one of the Youth Commissioners that an exit survey is given to the users to help in the analysis of the pazk. Chair Clabeaux noted that a demo of the skate park would be set up in Civic Center pazking lot on April 2, 2002. City Council Minutes ( Mazch l2, 2002 Creek Cleanua Chair Clabeaux explained that each year the Commission sponsors two creek cleanups. The first one this year will be held on May 18, 2002 at gam. The staging azea will be in the pazking lot between the Recreation Center and the Corp Yazd. The Youth Commission has expressed interest in joining the PRC in this endeavor. Chair Clabeaux noted that this project is open to the public. Community Center/Gymnasium Chair Clabeaux noted that the Commissioners have attended City Council meetings and are eager to see this project go forwazd. Park Imurovements A safety audit of the parks has been completed. All items identified as needing immediate attention have been corrected or completed. The commission presented a list for capitol improvements to the Council and was pleased to see them approved. Park Patrol Chair Clabeaux noted that this is a brand new endeavor for the Commission and is in the beginning stages. City Fees Research Project On March 11, 2002 the Recreation Department presented an in depth report on rentals and fee for city facilities to the PRC. The PRC will continue to gather data that will help the Commission to better understand the many facets of this subject. The PRC has scheduled aretreat/study session on May 17, 2002. AYSO Fees - The PRC has deliberated and has a recommendation for the Council that will be presented at the meeting of Mazch 20, 2002. Heritage Orchard The PRC would like to request that the Heritage Orchazd be included in their list of facilities. The PRC would like to be involved with any and all issues concerning the Orchard. The PRC would like to invite a Heritage Preservation Commissioner to attend the PRC meetings and would be willing to send a PRC Commissioner to the Heritage meetings. Chair Clabeaux commented on the City owned pazk on the corner of Pollard and Quito Road. Chair Clabeaux noted that a landscape architect would be attending the next PRC meeting with some ideas on native landscaping designs for possible future development of this pazk. Chair Clabeaux noted that she and the rest of the Commissioners were available for questions. Councilmember Bogosian commended Chair Clabeaux on her presentation. Councilmember Bogosian stated that all neighbors impacted by the proposed UPR Trail be a part of the process from the beginning. City Council Minutes '] Mazch 12, 2002 ` Vice Mayor Baker noted that the UPR Trail project is extremely expensive and Sazatoga would bear the most costs. Vice Mayor Baker noted that-the PRC and the Trails Subcommittee should be cautious that the process does not get out of hand. In regards to the UPR Trail Project, Councilmember Waltonsmith noted that the Commission should proceed slowly, with continued Council support. Councilmember Waltonsmith noted that she supports presenting a commendation to Teri Baron. Councilmember Waltonsmith noted that she supports having the. various Commissions come up with different ways to promote the City such as the PRC's suggestion of "Trail Day". Albert Chang, 19937 Scotland Drive, noted that he would like to comment on the survey that was conducted at Redwood School in regards to the proposed mobile skate park. Mr. Chang noted that 900 students were surveyed at Redwood School. Mr. Chang stated the results as follows: • 690 students -skate park is a good idea • 393 students -would use the skate park • 522 students -supported no fee • 15 students willing to pay $25 season • 118 students willing to pay $50 a yeaz • 179 students would make a donation Councilmember Waltonsmith asked if there were discussions on the Task Force in regards to special hours of operations for people who paid a fee. Mr. Chang noted that the Task Force did not discuss that possibility, but he would bring Councilmember Waltonsmith's suggestion back to the Task Force. Vice Mayor Baker expressed his concern that there was no minimum age cut off. Director Pisani noted that children under ten yeazs old must have a pazent present. Director Pisani noted that City Attorney Taylor stated this feeling is that if a person is under 13 years or younger they must have a parent present. Andy Miller, 18820 Aspesi Drive, noted that he supports a skate pazk in Saratoga. In regards to the age limit cut off, Mr. Miller stated that most kids do not start skating until they are about eight. Vice Mayor Baker commended the Skate Park Task Force and requested that the park be up and running by the beginning of summer. Vice Mayor Baker requested that a full summer calendaz of locations of the pazk be posted on the City's website and the vazious schools. Consensus of the City Council to support Vice Mayor Baker's request. City Council Minutes $ March 12, 2002 Mayor Streit thanked the Pazks and Recreation Commission for attending tonight's meeting. CITY COUNCIL ITEMS Councilmember Waltonsmith announced that the Taiko Drum Group, that has used Hakone Gazdens for the past ten yeazs to practice, has been asked to leave. Councilmember Waltonsmith stated that they are in need of storage space for their equipment. Councilmember Waltonsmith asked if any citizen or community group had a space for the Group to use for storage please contact the City. Councilmember Bogosian noted that on Mazch 28, 2002 the League of Women Voters would be sponsoring a community forum at West Valley College asking the question "How can West Valley College serve the Community". Councilmember Bogosian encouraged the citizens of Saratoga to attend. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 9:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 9 - March 12, 2002 SARATOGA CITY COUNCIL MEETING DATE: April 17, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~/-~ PREPARED BY: Ci T`~~ti- DEPT HEAD: -- SUBJECT: Check Register: 3/29/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. n AP CHECKS A88212-88376 Date 3/29/02 67,794.70 Checks 10,633.85 Checks Total 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 352 Infrastructure 354 Park and Trail 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA 8,511.54 10,825.48 16,313.21 159.78 18,333.50 18,953.46 972.99 731.50 26, 548.86 589,206.18 5,351.50 263.09 307.35 9,453.00 21,600.00 78,428.55 '10,825.48` 16,313:21 159:78 18,333.50 [1$;953146 972.99 731.50 48,148.86 589,206 5,351.50 307.35 9,453.00 Subtotal 773,726.14 32,233.85 805,559.99. 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REPORT SUMMARY: The accompanying financial reports represent the revenues, expenditures and fund balances in all City funds for the fiscal year-to-date months ending March 31, 2002. Projected June 30, 2002 summary includes audited beginning fund balance as well as adopted revenues, expenditures, and transfers that were amended from the original adopted budget through month-end March 2002. FINANCIAL SUMMARY Summary During the month of March, the City continues to remain in a strong fund balance condition. The beginning of the year surplus of $2,966,627, of which. $1,649,542 was attributed to the General Fund was amended during the mid-year review and is reflected in the amount beginning fund balance. General fund operations continue favorably with total revenues aY 73.2% and expenditures at 66.1 %. Since the reassessment of revenues at mid-year, no material changes have occurred warranting a need to modify budget projections. Although the City continues to experience decline in some tax revenues, such as transfer, construction, and transient occupancy, we have been fortunate to have other revenues such as refunds/reimbursements, fines, and donations that offset. Most significant to the general funds' stability are the property taxes, sales taxes, and motor vehicle license fees, which has been revised and continue to make-up 57.2% of the budget. This month the City will receive its annual franchise fee PG&E in the amount of $310,900, which is $68,400 above the projection prepazed last budget cycle. The months of April and May will also include large spikes in the receiving of property taxes that reflect the County's tax `~'' payment due date of April 10, 2002. Special Revenue Fund revenue vaziance, 46.5%, primarily reflects grants and reimbursement revenues that are typically received after expenditures have been made and the timing of recreation revenues which become significantly higher during the second half of the fiscal yeaz. Revenues in the development services fund are at 67.3% of total projections at year-end. Although the City has experienced a significant decline in building and planning revenues, we have been fortunate to have increases in geology and engineering fees offset the variance as a result of the Sobrato project. It continues to be anticipated that the Oddfellow project will make- up for the current shortfalls that have been experienced with construction tax (General Fund) and building permit revenues prior to the end of the fiscal year. According to the Assessor's office, the City has begun to receive TEA property tax revenues from the increase in assessments resulting from the passing of the Library bond measure. As you recall, SB 1883 was approved by the State Legislature and signed by the Governor in September 2000, which restored the eligibility of (four) cities in Santa Clara County to receive Tax Equity Allocation (TEA) funds subsequent to a vote of the people reinstating, increasing or imposing a new tax. The amount of the new property tax funds generated from this source is estimated by year-end to above $400k. FISCAL IMPACTS: Discussed above. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Financial reports for March 31, 2002 B. Major revenue analysis 2 of 2 N O N M Q ~a o I~ ~i v z ~o GL Z ~ ~ L S U Z O G {i~ Z_ Z M ~O O O O r P O O M W N^ O N P W O P Q r N o7 N O r b O C p M b O O ~ ~ 'M1 '/~ N M P P `-~ W V Vi O N O O O T r (ij O N O O 1 V O N M r N r N N r r V r O Yi N '~.. 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V1 69 N N O ^~ M W N H di N .. Y ~ ~-~. ~ N = Q ~ ~ ~ ^ w vi L*. ~+ ~ ~ O' P ' ' P N N P O' O O O''''' O O ~ ~ ~ M N O '/Mi r ~ ~ O w Yr v> Ni z9 W GO O vl O M P ^~o_ z a ~ ~± ~ ~ ~ ~, d, F O [~ W W K r C '' b O d' r ~. ~O d b N W'' M' C Q~ ~ O M r r M r r M M V O O M M M b O` b N ._ r t~ W b V r O O N C O M b N W N O Q t1 P r M M r r b M M P h O OO b N N P N r CO O (L F b b V O o1 M N r M O N b N P `D ~ M G G M M f.9 ~' N R .~ b N eT O• V bM Y'1 ~ M ~ z .~ ~ N y Fq M y ^ ~ ii ~ . a i ~ J o0o v "M1M r V Poo ion oo e r ~o oo~ r W P ~ O W O N N M r O O r 'D N M O Q ^ O O M~ O Q O ~ O N N ~O P GO t N M ~D V P N V~ 'a O: b r Z P O~ O V r W V^ N M V' r in W O N ~ O b v~ 1~ W ~ 'n O M r M M O O ~ N M W 'n r N N f.9 W P O ' N N M .~ = R C MM N ~ b~ Vi O Ls: w d9 ~ Vi ~ N r b O O C r r r '' r P O^' r ~O Q M 'S Q r N O N' N O ..~ O P ~O' O O M P O ~O M C R O P O O r r C W N O O V O N N C N b N O O M l~ 'Il O? M ~O M ~O N r O N V O N 1_ C O N M 4] ~D o0 o O P< n v ~' b oo vi < N V O P r r ~ oo N ~' ~ r e T M M O M ~D r M ~ M M N r < R P Q^ N N O Yi r r GO P O T M W N M N Z Y oo [V ~ ~ N •~ Y V 'f. ~ M r , u9 Nf rA ~ ~ s ,~ » 9 L 9 p G N L'. > > {i n~i R C ~ ~ V T V d y u C ~ d ~ C T, N i Z c C1 a O v C, > m y ~' ~ CU a VJ O ~ m ~ a c Q ~ ~Z ~ z ~' C .R. V] ~y A C F;, v v o ,s, ul ~ m._ o ~ a o c •a ~ l;, y 5 e Z ~ c ~ G. . F ~ ~ v c m~ F ° ., q = N n E o h c u E o U ~ `~ ~ N M >.. v ¢. U ti~_ ~ E i >.~ ~ 'R °_4 n oEo yy ~ v m a~ e c •o ~o _. '~ x~'^y '-1 ti c c -° v ~ > c~ a~ a .~ c `c U 3 v u ~~ a `° ~ o y m o .] ~ ~ ~~ c v K ~ vcni h~ o m m a c m .o ~ O F o p' ~ [y n F ~ m >. a F oo m a m ") D tO c ~ a' rn ..n o ~ n v y 9 0 .~ rn 2` .°'. E" ~ q '~` U tip-' ~ .~ > e c_ o Q eOcv via' "a~ c.'o i ~> a v ~ v aY =°• a pF'Y~ o,m F ~ v u.l `0.0 `° .`°. ~ a~ c o v u m m `~ a o ~` m u Q .`d Cd dd C ~ V ~a mUFinF S..~^ u1SCFaFs' Ua..7F 4.-1 Q.-~Uaaq~n F D ^ N M 0 0 0 0 0 0 0 0 0 0 N M O O% O 0 0 0 0 0 0 O O O O 'n b r W vl b r P P P P N% O N N M V O P LL O O O N N N N N N N M M M d C r r r W P CITY OF SARATOGA REVENUES AS OF MARCH 31, 2002 Budget Original Adjustments Amended Description Budget (Note 1) Budget REVENUE OVERVIEW BY FUND 001 General Fund _ Special Revenue Funds: 100 COPS-SLESF l 10 Traffic Safety 150 Streets & Roads 160 Transportation Develop. Act 170 Hillside Repair 180 Landscape & Lighting 250 Development Services 260 Environmental Programs 270 Housing & Community Dev. 290 Recreation 291 Teen Services 292 Facility Operations 293 Theatre Ticket Surcharge Total Special Revenue Funds. Capital Project Funds: 310 Park Development 320 Library Expansion 35x Total CIP Total Capital Project Funds, Debt Service Fund: 400 Library Bond Agency Funds: 420 Leonard Road Debt Service 720 Cable TV Trust 730 Parking Dist. #2 Debt Service 740 Parking Dist. #3 Debt Service 800 Deposits 990 Saratoga PGA Total Agency Funds TOTAL ALL FUNDS 100,000 t 00,000 148,500 148,500 3,552,354 3,552,354 54,727 54,727 2,500 2,500 192,593 192,593 1,616,000 169,780 1,785,780 563,613 563,613 183,874 183,874 733,000 (30,000) 703,000 66,700 66,700 135,000 (10,000) 125,000 25,000 25,000 7,373,861 129,780 7,503,641 207,000 207 7s.o°i° 3/31/02 otYear Actual Expired 100,000 84,188 877,205 38,254 134,555 1,201,633 402,977 805 523,744 24,279 87,368 13.626 100.0% 56.7% 24.7% 69.9% 0.0% 69.9% 67.3% 71.5% 0.4% 74.5% 36.4% 69.9% 54.5% i 41,400 248,400 351,900 ]41.7% 163,275 163,275 270,240 165.5% - 694,592 694,592 ~ 621,581 ~,_ 89.5% 11,738 11,738 4,607 39.2% 4,200 4,200 0.0% 167,314 167,314 86,916 51.9% 24,675 24,675 5,638 22.8% 207,927 207,927 97,161 46.7% 752.571 $. 7,453,424 $ 24,205,995 $ 11,088,707 66.2% March 2002\REVENUE Page 2 4/3/02 CITY OF SARATOGA REVENUES AS OF MARCH 31, 2002 .FISCAL YEAR 2001-02 Budget I I 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired REVENUE DETAIL BY FUND GENERAL FUND 001 Prop. Tax Secured/Llnsecured TEA Allocation _ Sales Tax ]% Sales Tax Prop. ] 72 Transfer Tax Construction Tax Trans. Occup. Tax Franchise Fees - PG&E Franchise Fees - AT&T Franchise Fees - SJ Water Franchise Fees -Green Valley . Business Licenses Federal Law Block Grant Motor Vehicle License Fee Off Highway MV Fee Home Owner Prop. Tax Relief Other Refunds & Reimburse Fines-False Alarm Forfeitures - Special Assessments (Vessing) Interest Rentals-Cell Phone Hakone Rent Pass Through Sale of Assets Misc. Vehicle Abatement Donations/Youth Sports Animal Licenses Fuel Sales Ground Maint. Park Rental Permit-Encrmt. TOTAL GENERAL FUND S $ 1,489,800 20,605 $ 1,510,405 ~ $ 1,667,172 606,598 606,598 - 1, 400,000 (156,424 400,000 197,628 321,000 (142,384 121,000 (101,180 242,500 182,000 20,070 99,200 845,000 13,310 299,600 24,458 - 16,698 1,572,500 600 15,700 1,888,400 41,156 118,827 175,163 18,000 45,000 295,366 400,000 58,200 15,000 10,000 13,000 - 190,000 12,500 10,000 5,000 1 S 1,108,415 95,000 1,203,415 597,628 178,616 1,019,820 242,500 202,070 99,200 314,540 858,310 324,058 16,698 1,572,500 600 1,929,556 293,990 18,000 45,000 295,366 400,000 58,200 15,000 10,000 13,000 190,000 12,500 10,000 5,000 818,734 67,197 885,931 189,033 233,839 142.810 206,085 97,212 207,075 16,698 1,306,279 294 19,037 1,549,383 313,975 23,225 25,524 401,584 40,068 8,078 3,801 12,846 188,370 T;899 4,603 5,709 110.4% 0.0% 78.8% 73.9% 70.7% 73.6% 77.6% 39.1% 80.0% 55.5% 0.0% 102.0% 98.0% 69.8% 60.9% 63.9% 100.0% 83.1 49.0% 121.3% 80.3% 106.8% 129.0% 56.7% 0.0% 100.4% 68.8% 0.0% 38.0% 98.8% 99.1 15.2% 46.0% 114.2% 71.3% (2) (3) (4) (5) (6) (5) (7) (8) (9) March 2002\REVENUE Page 3 4/3/02 CITY OF SARATOGA ° REVENUES AS OF MARCH 31; 2002 FISCAL YEAR 2001-02 Budget 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired SPECIAL REVENUE FUNDS: COPS-SLESF 100 Interest Suppl. Law Enforcement_ _ Traffic Safety 110 Crossing Guard Match Fines-Vehicle Code Total Traffic Safety Streets & Roads 150 Refunds &Reimb. St. Highway User 2107.5 St. Highway User 2106 St. Highway User 2107 St. FHWA Reimb. St. 2105 S&H Code TEA-21 CALTrans-Saratoga/SV Rd. TEA - Clean Air Gran[ (Signals) AB 434 Clean Air Gran[ Measure B Total Streets & Roads Transportation Develop. Act 160 Total TDA Hillside Street Repair 170 Interest Hillside Street Repair Total Hillside S[reet Repair Landscape/Lgtng 180 Property Tax Special Assessment Interest Total Landscape/Lghtg Development Services 250 Geology Review Fees Engineering Fees Planning Fees Arborist Fees Document Storage Fees Permits-Building Permits-Grading Interest Total Development Svc's March 2002\REVENUE 3,500 3,500 - 0.0% 145,000 145,000 84,188 58.1% 148,500 148,500 84,188 56.7% 259,700 259,700 36,066 13.9% 6,000 6,000 6,000 100.0% 149,550 149,550 104,805 70.1% 251,500 251,500 184,886 73.5% 1,342,000 1,342,000 0.0% 194,700 19A,700 141,407 72.6% 252,705 252,705 - 0.0% 380,000' 380,000 0.0% 338,947 338,947 26,789 7.9% 377,252 377,252 377,252.. 100.0% 3,552,354 3,552,354 877,205 24.7% 0.0% 89,404 89,404 77,029 86.2% (2) 101,189 101,189 57,526 56.9% (]O) 2,000 2,000 - 0.0% . 192,593. 192,593 134,555 69.9% 65,000 40,000 105,000 87,818 83.6% (11) 60,000 210,000 270,000 228,233 84.5% 1 396,000 (146,000) 250,000 172,850 69.1% (12) 75,000 75,000 62,721 83.6% 13,000 13,000 7,165 55.1% 967,000 60,780 1,027,780 600,771 58.5% 40,000 5,000 45,000 42,075 93.5% (13) 616,000 169,780 1,785,780 1,201,633 67.3% Page 4 4/3/02 CITY OF SARATOGA REVENUES AS OF MARCH 31, 2002 FISC L YE R 2 A A 001-02 Budget 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired Environmental Programs 260 St. Refuse Surcharge AB939 30,000 30,000 15,632 52.]% Environmental Fees 533,613 533,613 387,345 72.6% Interest - - - Total Environmental Programs 563,613 563,613 402,977 71.5% Housing & Comm. Dev. 270 HCD/CDBG/SHARP GRANTS 180,874 180,874 - 0.0% INTEREST 3,000 3,000 805 26.8% Total Housing/Comm. Dev. 183,874 183,874 805 0.4% Recreation 290 Friends Of Warner Hutton House - - - - Sports League Fees 38,000 38,000 35,951 94.6% Camp Fees 150,000 150,000 102,850 68.6% Excursion Fees 90,000 90,000 61,855 68.7% Class/Special Event 425,000 (30,000) 395,000 300,883 76.2% Redwood Sports Program. 30,000 30,000 22,205 74.0% Total Recreation 733,000 (30,000) 703,000 523,744 74.5% Teen Services 291 Teen Services 55,080 55,080 18,729 34.0% Teen Snack Bar 1,620 1,620 550 34.0% Warner Hutton Contributions 10,000 10,000 5,000 50.0% Total Teen Services 66,700 66,700 24,279 36.4% Facility Operations 292 Building Rent Total Facility Operations Theatre Ticket Surcharge Interest 293 Theatre Ticket Surcharge Total Theatre Ticket Surcharge TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECT FUNDS: Park Development 310 Park Development ~brary Expansion 320 Library Bond Interest & Misc. Total CIP 35x Total CIP Resources March 2002\REVENUE 135.000 (10,000) t D 780 7 Page 5 87,368 ~ 69.9% 87,368 69.9% 13,626 54.5% 13,626 54.5% 88,634 46.5% 51,900 141.7% " 70,240. 165.5% (14) 0.0% 4/3/02 CITY OF SARATOGA REVENUES AS OF MARCH 31, 2002 Budget 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired TOTAL CAPITAL PROJECT FUNDS 207,000 7.044.675 7,251,675 I 622.140 1 8.6% DEBT SERVICE FUND: Library Bond -~ 400 Principal 691,892 691,892 620,781 89.7% Interest - Other 2,700 2,700 800 29.6% TOTAL DEBT SVC FUND AGENCY FUNDS: Leonard Road 420 Services (Assess Districts) _ 11,738 _ _ 11,738 4,607 39.2% CA TV Trust 720 Interest Income Parking Dist. #2 Debt Svc. I 730 Services (Assess Districts) - - Parking Dist. #3 Debt Svc. 740 Services (Assess Districts) 167,314 167,314 86,916 51.9% Deposits 800 Deposits - Saratoga PFA AGENCY 990 Interest Income 24,675 24,675 5,638 22.8% TOTAL AGENCY FUNDS 207,927 207,927 ~ 97,161 ~ 46.7% GRAND TOTAL $ 16,752,571 S 7,453,424 $ 24,205,995 ~ $ 11,088,707 ~ 66.2% REVENUE NOTES: (1) Amended budget includes all revisions made up to March 31, 2002. (2) Property Taxes-Secured property [axes paid in December/January and April/May. In addition, TEA distributions will no longer be a June lump sum but a distributed monthly with the secured/unsecured distributions. (3) $264,000 in construction tax is anticipated from the Oddfellow project before year-end. (4) Occupancy fees from the Saratoga Inn & Saratoga Oaks Lodge. The Saratoga inn remits monthly; the Oaks Lodge qtly. (5) Franchise Fees from PG&E is expected April 2002 in the amount of $310,900, which is $68,400 above projection. (6) Includes internet fees. (7) Other Refunds & Reimbursements- Law Enforcement refund $101,001, ABAG Plan, $43,160 received in July and $45,099 State traffic congestion relief. (8) In the past, interest earnings have accumulated in the General Fund and are allocated to the other funds at year-end. (9) Youth Sports Fund donations will be reclassed to the Parks Development during as part of the year-end maintenance. March 2002\REVENUE Page 6 4/3/02 CITY OF SARATOGA REVENUES AS OF MARCH 31, 2002 FISCAL REAR 2001-02 Budge[ 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired (10) Assessment Revenues-Paid in December/January and April/May. (I1) lst quarter receipts from Sobrato project. (12) Planning fees are lower than originally budgeted due to decline in new planning applications. (13) Develop.fees-Grading Permit fees remain higher than originally budgeted. (14) Interest income earned from library bond proceeds in L.A.I.F. account. March 2002\REVENUE Page 7 4/3/02 CITY OF SARATOGA EXPENDITURES AS OF MARCH 31, 2002 FISCAL YEAR 2001-02 Budget 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired EXPENDITURE OVERVIEW BY FUND 001 General Fund $ 6,142,783 $ 463,570 6,606,353 $ 4,363,788 66.1% Special Revenue Funds: 100 COPS-SLESF 112,236 2,056 114,292 41,834 36.6% 110 Traffic Safety 25,983 - 25,983 7,677 29.5% 150 Streets & Roads 8,297,376 (1,539,852) 6,757,524 2,307,474 34.1% 160 Transportation Develop. Act - - 0 - - 180 Landscape & Lighting 206,697 - 206,697 186,716 90.3% 250 Development Services 1,876,822 8,411 1,885,233 1,283,015 68.1% 260 Environmental Programs 648,385 125,838 774,223 423,030 54.6% 270 Housing & Community Dev. 266,504 - 266,504 179,274 67.3% 290 Recreation 919,725 1,200 920,925 685,477 74.4% 291 Teen Services 223,223 - 223,223 130,031 58.3% 292 Facility Operations 275,041 - 275,041 200,336 72.8% 293 Theatre Ticket Surcharge 50,784 4,881 55,665 21,641 38.9%~ Total Special Revenue Funds 12,902,776 (1,397,466) 11,505,310 5,466,504 47.5% Capital Project Funds: 310 Park Development 500,000 410.110 910,110 1,472,805 161.8% 320 Library Expansion 14,000,000 14,000,000 3,156,231 22.5% 35x Total CIP - 13,086,350 13,086,350 16,633 0.1% Total Capital Projec[ Funds 14,500,000 13,496,460 27,996,460 4,629,036 16.5% Debt Service Fund: 400 Library Bond 694,592 0 694,592 692,435 99.7% Agency Funds: 420 Leonard Road Debt Service 11,738 11,738 11,368 96.8% 700 Quarry Creek Pjct Admin. - - - 720 Cable TV Trust - - 730 Parking Dist. #2 Debt Service - - 740 Parking Dist. #3 Debt Service 167,314 167,314 167,593 100.2% 800 Deposits - - - 990 Saratoga PGA - - Total Agency Funds 179,052 179,052 178,961 99.9% TOTAL ALL FUNDS 34,419,203 $ 12,562,564 $ 46,981>767 $ IS>330,724 32.6% u March 2002~EXPEND. Page 7 4/4/02 CITY OF SARATOGA EXPENDITURES AS OF MARCH 31, 2002 FISCAL YEAR 2001-02 Budget 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired EXPENDITURE DETAIL BY FUND 001 GEN ERAL FUND 1005 City Council $51,000 54,984 $105,984 $96,623 91.2% 1010 Contingency 200,000 (116,229) 83,771 - 0.0% 1015 City Commissions 100,994 100,994 65,630 65.0% 1020 City Manager's Office 345,209 345,209 272,580 79.0% 1025 Legal Services/Risk Mgmt. 377,900 377,900 245,602 65.0% 1030 City Clerk 87,420 87,420 61,540 70.4% 1035 Equipment Operations 309,987 182,427 492,414 212,827 43.2% (15) 1040 Financial Management 447,429 25,000 472,429 305,033 64.6% 1045 Human Resources 167,277 14,100 181,377 130,715 72.1% 1050 General Services 146,680 4,830 151,510 109,325 72.2% 1060 Facilities Maintenance 469,184 469,184 365,093 77.8% 1065 Management Info. Systems 274,373 33,581 307,954 177,614 57.7% 1070 2005 Public Information Emergency Preparedness 26,162 21,214 26,162 21,214 11,096 12,167 42.4% 57.4% 2010 Code Enforcement 48,281 28,000 76,281 32,947 43.2% 2015 Police Services 2,918,415 88,623 3,007,038 2,295,403 76.3% 2025 Animal Control 202,899 202,899 153,076 75.4% 3030 Parks/Open Space 699,546 7,747 707,293 404,818 57.2% 3035 General Engineering 260,239 9,000 269,239 200,298 74.4% 4005 Advanced Planning 96,854 5,237 102,091 54,998 53.)% 70(15 Senior Services 41,035 41,035 29,331 71.5% 701(1 Conununity Support 72,800 72,800 49.714 68.3% 7020 Economic Development 149,912 1,000 150,912 87,809 58.2% 7025 Hakone Gardens Park 160,747 160,747 55,643 34.6% (I6) 9(110 Capital Projects 312,311 125,270 437,581 152,666 34.9% (17) Subtotal 7,987,868 463,570 8,451,438 $5,582,548 66.1% Less Overhead (1,845,085) (1,845,085) ($1,218,760) 66.1% TOTAL GENERAL FUND $ 6,142,783 $ 463,570 $ 6,606,353 $ 4,363,788 66.1% SPECIAL REVENUE FUNDS: 100 2030 COPS Supl. Law Enforcement 100,000 2,056 102,056 37,355 36.6% Plus Overhead 12,236 12,236 $4,479 36.6% Total COPS 112,236 2,056 114,292 41,834 36.6% 110 2020 Traffic Safety 25,100 25,100 7;416 29.5% Plus Overhead 883 883 $261 29.5% Total Traffic Safety 25,983 0 25,983 7,677 29.5% 150 Streets & Roads 3005 Street Maintenance 1,797,812 1,385,848 3,183,660 1,534,348 48.2% (18) March 2002~EXPEND. Page 8 4/4/02 CITY OF SARATOGA . EXPENDITURES AS OF MARCH 31, 2002 FISCAL YEAR 2001-02 Budget Original Adjustments Amended 3/31/02 Description Budget (Note 1) Budget Actual 3010 Sidewalks & Trails 3015 Traffic Control 3020 Flood & Storm Drain Control 3025 Medians & Parkways 5010 Congestion Mgmt. 9010 Capital Projects Subtotal Plus Overhead _ Total Street & Roads 160 9010 Transportation Dev. Act 180 3040 Landscape & Lighting Plus Overhead _ Total Landscape & Lighting 250 Development Services 4010 Zoning Administration 4015 Inspection Services 4020 Development Regulation _ Subtotal Plus Overhead _ Total Development Svcs. 26U Environmental Program 5005 Integrated Waste Mgmt. 5015 Storm Water Mgmt. 9010 Cap Proj (Street Storm Dr) _ Subtotal Plus Overhead _ Total Environmental Program 270 Housing & Comm. Dev. 7015 HCDA Administration 9010 Cap Projects (Sr. Ctr & ADA) Subtotal Plus Overhead Total Housing & Comm Dev. 290 Recreation 6005 Recreation Subtotal Plus Overhead Total Recreation Services March 2002~EXPEND. 96,016 96,016 _27,686 236,198 12,300 248,498 128,042 129,184 30,000 159,184 63,618 147,580 2,000 149,580 108,651 350,621 350,621 39,-021 4,988,425 (2,970,000) 2,018,425 217,775 7,745,836 (1,539,852) 6,205,984 2,119,141 551,540 551,540 $188,333 8,297,376 (1,539,852) 6,757,524 2,307,474 0 0 - 180,007 180,007 162,606 26,690 26,690 $24,110 206,697 206,697 186,716 572,598 4,984 577,582 392,286 479,922 3,427 483,349 307,755 191,238 191,238 152,136 1,243,758 8,411 1,252,169 852,177 633,064 633,064 $430,838 1,876,822 8,411 1,885,233 1,283,015 156,741 75,838 232,579 101,701 379,419 50,000 429,419 273,925 25,467 25,467 - 561,627 125,838 687,465 375,626 86,758 86,758 $47,404 648,385 125,838 774,223 423,030 201,348 201,348 145,811 50,000 50,000 23,268 251,348 0 251,348 169,079 15,156 15,156 $10,195 266,504 0 266,504 179,274 1,200 674,605 502,132 246320 $183345 Page 9 75.0% of Year Expired 28.8% (19) 51.5% 40.0% 72.6% 11.1% 10.8% 34.1% 90.3% 90.3% 67.9% 63.7% 79.6% 68.1% 68.1% 68.1% 43.7% 63.8% 0.0% 54,6% 54.6% 54.6% 72.4% 46.5% 67.3 67.3% 67.3% 74.4% 74.4% 74.4% 4/4/02 ' CITY OF SARATOGA EXPENDITURES AS OF MARCH 31, 2002 FISCAL YEAR 2001-02 Budget 75.0% Original Adjustments Amended 3/31/02 of Year Description Budget (Note 1) Budget Actual Expired s March 2002~EXPEND. Page 10 4/4/02 CITY OF SARATOGA EXPENDITURES AS OF MARCH 31, 2002 FISCAL YEAR 2001-02 Budget Original Adjustments Amended Description Budget (Note 1) Budget 291 Teen Services 6010 Teen Services 6010 Teen Snack Bar 6010 Warner Hutton Contribution Plus Overhead Total Teen Services 292 6020 Facility Operations Plus Overhead Total Facility Operations 293 6015 Theatre Ticket Surcharge Plus Overhead _ Total Theatre Ticket Surcharge TOTAL SPECIAL REVENUE FUNI CAPITAL PROJECT FUNDS: 310 9010 Park Development 32(1 9010 Library Expansion 3~x Total CIP TOTAL CAPITAL PROJECT FUNDS DEBT SERVICE FUND: 41111 801 LibrarvBonds AGENCY FUNDS: 4211 8020 Leonard Rd. Debt Svc. 7211 1040 CA TV Trust 730 8005 Parking Dist. #2 Debt Svc. 740 8010 Parking Dist. #3 Debt Svc. 990 1040 Saratoga Public Fin. Agency TOTAL AGENCY FUNDS TOTAL EXPENDITURES $ March 2002~EXPEND. 161,326 161,326 61,897 61,897 223,223 0 223,223 72,036 203,005 72,036 203,005 275,041 0 275,041 43,248 7,536 4,881 48,129 7,536 500,000 14,000,000 410,110 910,110 14,000,000 13,086,350 13,086,3 50 14,500,000 13,496,460 27,996,460 694,592 694,592 11,738 167,314 11,738 167,314 1 Page 11 ,767 1 $ 75.0% 3/31/02 of Year Actual Expired • 93,975 58.3% 52,470 72.8% $147,866 72.8% 200,336 72.8% 18,711 38.9% $2,930 38.9% 21>641 38.9% 5.466.504 47.5% 1,472,805 161.8% (20) 3,156,231 22.5% (21) 16,633 (22) 11,368 96.8% (23) 167,593 100.2% (23) 178,961 99.9% 4/4/02 CITY OF SARATOGA EXPENDITURES AS OF MARCH 31, 2002 FISCAL YEAR 2001-02 Budget Original Adjustments Amended 3/31/02 Description Budget (Note 1) Budget Actual EXPENDITURE NOTES: (15) Equipment replacement-Tar pot & Toro mower to be purchased this fiscal year. (16) Consultant and relocation not likely to occure this fiscal year, no remodeling plans known at this time. (17) Capital projects to be completed this fiscal year (Civic Center Master plan, misc. park upgrades, Senior Center remodeling, & Vessing Road). (18) Variance primarily reflects project/timing delays. (19) Variance primarily reflects timing delays for projects that are seasonal in nature. (20) Park development capital expenditures will be partially supported by the operating transfers (line-item) appropriated to the 5-year CIP. (21) Library Expansion & Renovation Construction Phase I (22) Last payment of old library bond paid in December 2001 and first payment of new bond made in February 2002. (23) Debt service payments made in September and March 75.0 of Year Expired March 2002~EXPEND. Page 12 4/4/02 ANALYSIS OF MAJOR REVENUES Receipts as of March 31, 2002 I. GENERAL FUND Property Tax: Projected year-end is $2,117,003. Adopted budget was $2,096,398, and prior year budget was $1,777,705. The 1% Property Tax is paid by homeowners and businesses to the County based upon assessments made on land and structures within the City. The Tax Equity Allocation (TEA) property taxis included in these totals, and will increase $20,605 due to the new formula. The Secured Property Taxes aze paid to the City in Dec./Jan. and Apr./May. TEA payments are no longer annual; they are now distributed monthly with the secured/unsecured payments. PROPERTY TAX 001-1040-011-01-00 1999.2000 2000-2001 2001.2002 July 3,903 6,651 2,107 Aug 1,612 2,003 5,145 Sept 1,583 2,579 3,013 Oct 134,663 133.618 169,777 Nov 67,392 65.805 140,782 Dec 363,930 531.274 824,188 Jan 149,862 147,621 309,580 Feb 3,369 5,735 7,663 March 83,565 82,008 204,918 April 241,826 306,532 May 57,563 65,522 June 127,091 138.462 Total 1 6 59 1487 10 1667173 Sales Tax: Projected yeaz-end is $1,203,415. Adopted budget was $1,263,500, and prior year budget was $1,071,357. The City receives 1% of the current sales tax paid by consumers purchasing retail items from Saratoga businesses. Revised projection reflects and 11% decline from prior year activity. TOTAL SALES TAX 001.1040.432.01/02.00. 1999.2000 2000-2001 2001-2002 Juty 80,382 75,068 97,555 Aug 107,592 99,324 125,283 Sept 70,416 166,816 69,678 Oct 152,776 85,180 93,898 Nov 102,698 110,903 121,982 Dec 116,379 150,974 97,275 Jan ~ 82,311 95,357 98,512 Feb 108,167 124,354 1]6,457 March 123,615 122,318 72,445 April 66,239 81,267 May 85,934 104,242 June 135.366 133,690 Total 1 31 875 1 9 493 893 085 Motor Vehicle License Fees: Projected year-end remains the same as adopted budget, $1,572,500. Prior yeaz budget was $1,406,300. This revenue source is derived from the per capita in-lieu tax allocated by the State of California. Estimates have been provided by the State. 4/5/02 MOTOR VEHICLE LICENSE FEES 001-1040.432-01.00 1999.2000 2000.2001 2001.2002 July 132,660 130,642 130,203 Aug 117,308 134,706 209,857 Sept 182,459 147,682 ]70,531 Oct 121,759 191,760 88,403 Nov 117,151 124,533 159,684 Dec 89,981 115,396 115,330 Jan 125,245 124,524 127,186 Feb 159,403 181,544 167,134 March 119,997 123,017 137,952 April 141,269 153,612 May 123,175 130,023 June 14],478 151,852 Total 1 71,885 1709,291 1 06,280 Construction Tax: Projected year-end is $597,000. Adopted budget was $400,000, and prior year budget was $400,000. This revenue is derived from a $1 per square foot tax imposed on new construction within the City. The increased estimate amount is due to the monthly average, plus $264,148k from the Oddfellows. CONSTRUCTION TAX 001.1040.413.02.00 1999.2000 2000.2001 2001.2002 ]uly 41,726 43,010 60,595 Aug 49,662 53,099 38,245 Sept 27,639 23,279 14,263 Oct 40,305 ~ 52,559 28,149 Nov 45,806 49,762 13,187 Dec 92,078 80,166 12,310 Jan 9,404 13,727 14,783 Feb 4,193 19,190 13,498 March 25,335 23,372 38,809 April 16,345 37,891 May 16,527 41,916 June 37,214 40,059 Total 406,234 478,030 233 839 CONSTflUCT10N TAX 100,000 80,000 60,000 a 40,000 20,000 0 ~ot1 Poo yoQ` Oct ~o° boo ~o N~ voo PQ~ ~yi ~ooo Months (NOV•Oct) Trans. Occupancy Tax: Projected year-end is $178,616. Adopted budget was $321,000, and prior year budget was $275,000. This revenue source is derived from a 10% tax charged to lodging facilities for all rent charged. The Inn at Saratoga remits monthly; Saratoga Oaks Lodge quarterly. TRANS.000UP. TAX 001.1040.413-03-00 1999-2000 2000.2001 2001-2002 July 18,337 21,965 17,592 Aug 19,223 40,847 18,745 Sept 27,027 23,355 11,839 Oct 19,602 22,401 17,324 Nov 18,728 21,167 15,680 Dec 48,455 41,941 12,651 Jan 15,668 41,449 12,835 Feb 32,073 18,128 24,388 March 17,685 16,289 11,755 April 18,614 ~ 19,894 May 14,868 38,263 Tune 39,806 21,091 Total 290,056 326 790 142 809 4/5/02 AT&T Cable Franchise Fee: Projected year-end is $202,000. Adopted budget was $182,000, and prior yeaz budget was $178,500. This revenue source is derived from a 5% tax for the franchise to operate in Saratoga. AT&T CABLE FRANCHISE FEE 001.1040.413.0402 1999-2000 2000.2001 2001.2002 July 14,767 17,197 16.299 Aug 14,776 17,233 16.650 Sept 15,033 17,250 16,606 Oct 15,367 17,755 17,292 Nov 15.380 18.355 16.519 Dec 15,683 18,481 -- 16,559 lan 14,729 18,854 15,880 Feb 14,042 18.352 17,048 March 15,556 19,781 22,252 April 15.207 16,435 May 15,691 16,519 June 16,806 16.493 Total 183 037 212 705 155 105 Green Valley Franchise Fee: Projected year-end is $314,540. Adopted budget was $321,300, and prior year budget was $282,296. This revenue source is derived from a 10% tax for the franchise to operate in Saratoga. GREEN VALLEY FRANCHISE FEE 001.1040.413.04.04 1999.2000 2000.2001 2001.2002 luly 39,498 38,275 26,595 Aug 22,589 35,340 42,556 Sept 10,158 16,499 15,386 Oct 43,694 48,337 37,321 Nov 22,317 19,595 32,627 Dec 12,645 16,252 13,767 Jan _ 27,705 28,454 36,856 Feb 32,418 29,109 26,809 March 15,321 7,046 14,198 April 37,721 38,405 May 23,394 31,527 June 16,011 17,109 Total 303 471 325 948 246115 II. DEVELOPMENT FUND Planning Fees: Projected yeaz-end is $250,000 reflecting the significant decline experienced during the first semester. Adopted budget was $396,000. These revenues vary according to the building activity within the community. It is anticipated that activity will pick up during the second semester, similar to prior yeaz trends. PLANNING FEES 250-0010.444-O1-00 1999-2000 2000.2001 2001.2002 July 32,050 31,450 20,850 Aug 44,400 24,500 36,000 Sept -04,000 43,000 15,400 Oct 33,000 37,095 5,200 Nov 14,000 25,640 11,450 Dec 27,200 75,503 15,000 Jan 25,550 23,133 23,700 Feb 28,700 30,700 21,450 March 45,100 11,000 23,800 April 25,065 39,500 May 42,468 24,100 June 30,550 50,790 Total 392,083 416,411 172,850 1...J Building Permits: Projected year-end is $1,027,780. Adopted budget was $967,000. These revenues vary according to the building activity within the community. The increased estimate is due to the average amount plus $177,699k from the Oddfellows. PERMITS-BUII.DING 250.4015-422-01.00 1999-2000 2000.2001 2001.2002 July 93,427 66,417 113,986 Aug 111,468 140,188 91,537 Sept 97,964 86,947 41,246 Oct 81,746 123,753 62,535 Nov 94,100 92,113 45,047 Dec 110,134 119,586 28,957 ]an 50,659 62,124 56,172 Feb 57,059 64,138 45,988 March 74,734 68,142 115,549 April 79,440 126,324 May 87,177 117,061 lone 144,421 89,781 Total 1,082,329 1,156 44 601017 III. ENVIRONMENTAL PROGRAM FUND Environmental Fees: Projected year-end remains the same as adopted budget, $533,613. Prior year budget was $522,490. Revenues are from a surcharge on Green Valley Rubbish Companies for rubbish collection in the City. ENVIRONMENTAL FEES 260-5005-444-03-00 1999-2000 2000-2001 2001-2002 July 71,764 68,977 46,924 Aug 48,701 74,809 69,109 Sept 27,048 40,264 35,509 Oct 80,502 76,270 57,549 Nov 44,401 40,688 59,261 Dec 29,831 36,069 31,309 Jan 53,740 47,227 57,123 Feb 58,355 47,943 46,016 March 36,702 13,712 31,468 April 65,394 58,744 May 50,983 50,085 June 38,585 38,915 Total 606 006 593 703 434 68 HJVIROMABJfAL FffS w aoo 199&2000 ~ 'o -2000.2007 2007-2002 Mantha (tbv-Oct) IV. RECREATION FUND Camp Fees: Projected yearend remains the same as adopted budget, $150,000. Prior year budget was $131,300. This revenue source is derived from fees charged for camps for children that are held at various times throughout the year. ' e~?: "~ :t"~. s 'wa d sa ~S 80000 ~ , ~' . "e.' `'+".` xe ties 70000 ` ` 80.000 .S " :aa ' ~ `: ~: . ~ 7 c .:~^ s` 0000 40000 ° ~ t' " ao,ooo ~ `~~ 0.000 ~~ ~ ~ ' '4 ~ 0,000 0 5 2 7 4/5/02 CAMP FEES 290.6005.445.02.00 1999.2000 2000-2001 2001-2002 July 8,666 16,744 7,115 Aug 1,502 7,681 919 Sept 4 0 0 Oc[ 3,323 0 0 Nov 4,183 1,756 ~ 3,290 Dec 2,307 8,768 5,256 Jan 0 794 Feb 2,561 2,657 8,282 March 51,153 55,678 77,199 April 28,696 24,578 May 38,810 24,998 June 14,784 11,377 Total 155 989 154 37 102 855 Class/Special Events: Projected yeaz-end is $395,000. Adopted budget was $425,000, and prior year budget was $425,000. This revenue source is derived from classes and special events for all ages that are held at various times throughout the yeaz. Fees offset the direct costs of providing program services. The estimate has been reduced by $30,000. CLASS /SPECIAL EVENTS 290.6005.445.04.00 1999.2000 2000.2001 2001.2002 luly 11,072 13,925 17,046 Aug 67,015 65,739 59,595 Sept 29,305 32,109 29,592 Oct 9,763 15,886 18,169 Nov 13,217 9,801 10,095 Dec 37,0(4 42,910 49,555 Jan 56,204 47,782 44,509 Feb 6,159 8,777 12,831 March 67,082 60,557 59,491 April 25,382 35,831 May 28,674 33,683 June 3,227 15,432 Total 354 114 382 432 300 883 V. FACILITY OPERATIONS FUND Building (tent: Projected yearend is $125,000. Adopted budget was $135,000, and prior year budget was $120,000. These revenues are from rent charged on the use of various City facilities. Fees offset the direct cost of providing program services. The estimate has been reduced by $10,000. BUILDING RENT 292.6005-462-03.00 1999.2000 2000-2001 2001-2002 July 11,755 13,496 9,128 Aug 14,848 8,532 15.380 Sept 11,753 10,461 7.600 Oct 6,231 9,236 4,875 Nov 16,091 13,079 14,727 Dec 11,201 3,397 4,392 Jan 9,422 12,492 10.345 Feb 5,089 14,378 7.626 Marcb 15,376 4,304 8,321 April 9,481 14,952 May 13,111 13,512 June 10,989 14,533 Total 135 7 132 72 87 94 i SARATOGA CITY COUNCIL ~' MEETING DATE: Apri117, 2002 AGENDA ITEM: ~J~ DEPT: Community Development CITY MANAGER: d/~~ PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, Apri110, 2002 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of April 10, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes -Saratoga Planning Commission ACTION(S): >A CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, April 10, 2002.7:00 p.m, PLACE: Council Chambers/Civic Theater, 13777 Fruirvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLC CALL: Commissioners Garakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry ABSENT: Commissioners Zutshi and Kurash _. __ STAFF: Director Sullivan, Planner Welsh, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of March 27, 2002 ORAL COMMUNICATIONS -Any member of thePublicwill be allowed to address thePlanning Commission forup tothree minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications underPlanning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on Apr114, 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR _ PUBLIC HEARINGS All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing in court, you maybe limited to raising only those issues you or someone else raised at the public heazing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. DR-O1-021, BSA-Ol-002 &t V-O1-012 (517-14-080) - HUSTED, Kittridge Road; - Request for Design Review and Building Site Approval to construct atwo-story craftsman style, single-family residence on a vacant lot. The floor area of the proposed residence and attached two-car garage is 4,810 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. A variance is requested in order to construct retaining walls in excess of five feet. An exception is also requested to exceed one thousand cubic yards of cut and fill. (OOSTERHOUS) (APPROVED 4-1, HUNTER OPPOSED) 2. Application #02-049 (397-06-069) -BUSH, 18627 Ambleside Lane; -Request for Design Review and Variance Approval to replace a detached garage, which was destroyed by fire. A setback variance is requested to replace the 13 foot high, 693 square foot garage within the rear and side yard setbacks. The garage is to be located within 10 feet of the rear and side yard boundaries, which is nonconforming since the required setbacks are 20 feet for the side yard and 50 feet for the rear yard. The property is located in the R-1-40,000 zoning district. (WELSH)_(APPROVED 5-0) DIRECTOR'S ITEMS NEW BUSINESS - Discussion and direction regarding the polling results for single-story overlay in the SaratogaWoods and Brookview Neighborhoods. (SULLIVAN) (MOVE FORWARD V~'ITH SARATOGA WOODS FIRST, AND RE-POLL NON- RESPONDENTS) COMMISSION ITEMS Commissioner's sub-committee reports • Ordinance Review -Review of the initial topical areas that the Subcommittee will address. (SULLIVAN) (Continued from Apri110, 2002) COMMUNICATIONS Written -Minutes from Regular City Council Meetings of February 6, 2002 and March 6, 2002. AbJOURNMENT AT 10:10 PMTO NEXT MEETING - Wednesday, Apri124, 2002, at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL 1 MEETING DATE: April 17, 2002 AGENDA ITEM: ~ o~~- ORIGINATING I}FtPT~City Manager CITY MANAGER: BY:I ~ / \ DEPT HEAD: SUBJECT: Agreement and Release -Property Located at 21097 Comer Drive RECOMMENDED ACTION: Authorize Mayor to execute agreement and release. REPORT SUMMARY: See attached agreement. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Forward the signed agreement and release to Attorney Wittwer. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Agreement and release. _,Li .L 81/02/2082 15:52 4082981867 &L SL ~ ~V C.~. TFtE LF ~ OFFICS A, G~1 FRMENT AND RE AS PAGE 03 ~ PAGE 02!05 5 This Agreement and Rc]ease ("`Agreement") is made by and between THE CITY OF 3ARATOGA ("CITY") on the orxo hand, and YEt~ BAI LEE and I;IEEJ.A LEE (collectively referred to as "LEE") ot~ the other. CIT `and LFE are collectively referred to as "P.9,12TIES". A. WHEREAS, CITY approved Desiou Revie w Applications (Application Iv*os. DR-91-026,2; DR-91-026.3. and DR' 96-049) for a project on the LEE's property at 21097 Comer Drive, APN 503-17-067. Approvals of DR-91-026.2 and DR-9L026.3 incorporated by reference conditionsiof approval that were pan of a previously approved agplacatioa for the site (Resolution I~R-91-026). Resolution DR-91-026 envisioned that LEE's predecessor in interest would be eligible for re:mbtusnment of half$1te cost of a required hydrant from the developer of an adjacent parcel, APN 503-18-025. B. WF~REAS, LEE. paid $1d,G90.00 to instal: the acw hydrant on Cotner Drive on March l9, 1996. C. WHirREAS, LEE has regtiestcd reimbursra Went for one-half of the cost of hydrant. D. WHEREAS, LEE has asserted that becaust the developer of APN 503-18-025 was not requited by the CITY to pay!fot onahalf of U ae cost of the hydrant, ttte QTY is liable fox the otte-half of the cost of tkte hydrani. E. WHEREAS, while CTI'Y asserts that it is n ~t requited, and has no obligation, to pay for one-half of the cost of the #'tre hydrant on C omer Drive, in the interest of fairness, and m avoid a proh~actcd legal dispute, CTT~' agrees to pay forona-ball of the cost of the hydrant NOW, TFIEREFORE, in consideration of the 1 oregoing recitals and covenants and obligations of the parties set forth herein, the parties hereby agree as follows: (1) CITY shall within thirty (a0) days of the cf~ective date of this Agreement, pay a sum of seven thousand, thiee hundred and forty-fives dollazs ($7,345.00) to LEE which represents payment in full of one-half of the cost of tt~.e lire hydrant an Cotner Lane that 01/03/20,1 1/:44 408/2/4641 k&L x ,i_Y GU. 01!82/2¢02 15:52 aa8298186T THE LiW OFFICES . LEE has paid. (2) T!te parties shall bear their own costs, cxpe tses and attorneys fees in connection with this dispute, cad thenegotiation, pret~aratioa, execution and performance of this Agreemetlt, ~N._ 04 PAGE 03/05 {3)'phis Agreement is the result of a comprolmse of disputed claiats and allegations, and shall never at any tirtre or for any purpose be considered an admission by the CITY that it was liable or responsible for one-hal# the cost of the fine hydrant on Comer Drive as paid for by LEE. LEE further agree: not to represent w any other person or entity, that Lhis Agreement, yr any of the provisions hereof, cons[itut~s a ,_ __ confession or an admission on the pRrt of the CITY. (4) LEE does hereby forever release and dischi.rge CITY, and its council. commissions, employees, members, ~jfficers, director:, trustees, attorney's and agents, from any and all actions, causes of atcfion, claims, damages. loss, liabilities or demands of whatever character, nature oz kind, ]ct own or unkaow n, suspected oz unsuspected, arising otlt.of or is any way related to the developmtert of 21097 Comer Drive (APN 503-17-067) and the instaAadon and~ayment of the fxe hydrant ort Comer Drive by LEE, or any matter reasonably related thereto. LEE fully understands and hereby relinquishes and waives any and all rights conferred upon them by the provisiop of Section 154:: of the Civil Code of the State of California which reads as follows: A general release does not extend to claims •which the creditor does not know or suspect to exist in his favor at the time of executting the release, which if loaowu by him must have mssteriaUy affected his settlement with the debtor. 13y providing their initials here B ack ledges tk:at they have read this provision and understand its implications. (5) In any legal action or proceeding to enforc N the terms of this A~reea~ent, the prevailing party shall be entitled to ricover all reason able attorney fees, costs, and expenses incurred therein, "Erevailing party" shall m_an the parry deterulirled to be the prevailitrg party by a court of law. (6) Each of the parties hereto have bean repres°nted by counsel who has fully explained all of the provisions of this agreement to th':m Each person whose signature 2 K&L „~ _Y c:u. PAGE 05 tlli atl'[tlaL 15:51 atit+teeres7 THE le.J OFFICe PAGE 64!95 - is affixed below hereby warrants and:b arantees that t.e or she is legally authorized and empowered to execute this Agreement and Release on behalf of the designated Entity. (7} In the event that any term c±r provision here::n contained is held invalid or void by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Aa~reetnettt and shall in no way affei:t any other term or provision contained herein. If any Such term or provision shall t7e deemed invalid due to its scope or breadth, such terns or provision shell be decreed itt~.~alid only to the extent of the scope. or breadth not permitted by law. (Sa The parties agree that this Agreement shall'be governed by, construed, and enforced in . ccordance Kith the laws of the 3:atc of California. Venue or any action or proceeding relating to this AgreeuretEt shall be in the t~otmty of Santa Clara. (9) Thts Agreement constitutes the entire Agrevrnent between the parties and fully supersedes any and all prior understandings, representations, warranties and agreements, if say, whether oral or written between the parties, or say of thean, with respect to the released claims, and tnay ottly be ttw~lified by written agreement signed by all patties in interest at the time of the modification. (10) This A~eemcnt may be executed in coun;~ezparts and will become tffective and binding upon the parties at suclttime as all of the: signatories hereto have signed a counterpart of this Agreement, Ait dountetparts so e~,:ccuted shall constitute one Agreement binding on ali parties hereto, natwithstantlitlr; that all pazties are not signstories to the original or the saws counterpart. CITY OF SARAT0C3A ~Iayar Nick Streit ATTEST: Ciry Clerk ' APR-08-2002 NON 11 11 AN WITTWERPARKIN FAX N0. 8314294057 P, 02 13/.4/29x,1 11:13 41~329318h7 ThiE ~qW OFFICES PgG6 06106 Dated: ~ /~ ~ / Dated: ~`~ ~ ~ aI _,~ Annrov As To,For L ~ ~..~~ Y>ra $ it ~~ HEEJA I.E~ tiVI7TWEIt 3z PARK .1111, P By: ~4VilJiam P, Partdn Attorneys for CITY OP SAI2ATOGA S.'i' By: fpr Y80 $AI I.EE and HEETA I.,EE 4 SARATOGA CITY COUNCIL MEETING DATE: Apri117, 2002 ORIGINATING DEPT: Recreation PREPARED BY: Beverl Tucker AGENDA ITEM: Z~-~ CITY MANAGER: ~` Gam--" DEPT HEAD: SUBJECT: Resolution for Murray-Hayden Program Grant Application RECOMMENDED ACTION: -- Accept report and pass resolution. STAFF REPORT: In pursuing funding sources for the Warner Hutton Attic Expansion project, staff met with National Grant Services (NGS) for help in identifying potential state and federal grants. NGS believes the State of California Murray Hayden Program offers the best chance for success, The Murray Hayden Program requires a City Council resolution approving the grant application. The resolution outlines the following: 1. Approves filing an application. 2. That the City of Sazatoga has enough funds to continue operation of the Warner Hutton House Teen Center 3. That the City of Sazatoga will follow the provisions of the program (attached). 4: That the funds committed by the City of Sazatoga, Saratoga Rotary Club and the Friends of the Wamer Hutton House will be available for the project. That the City Council will appoint the Public Works Director as agent for the project. Construction and furnishings estimates of the WHH Attic Conversion were $270,000. In addition to the $125,000 set aside in the Capital Improvement Project account, the Saratoga Rotary Club has pledged $20,000 and the Friends of the Warner Hutton House $10,000. This meets the Murray Hayden Program matching funds stipulation. - FISCAL IMPACTS: If successful, the grant would provide $210,000 of which 10% would be paid to NGS for their services. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Grant application would not be submitted to the State of California. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Give approval to proceed with grant application. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Resolution Attachment B -Murray Hayden Program Description Attachment C -Grant Process Attachment D -General Provisions Attachment E -Letter from Sazatoga Rotary Club 2 of 2 RESOLUTION No 02- RESOLUTION OF THE SARATOGA CITY COUNCII, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE MURRAY- HAYDEN PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIIi, AND COASTAL PROTECTION BOND ACT OF 2000 For The Warner Hutton House Attic Expansion Project WHEREAS, the people of the State of California have enacted the MURRAY- HAYDEN PROGRAM, which provides funds to the State of California for grants to local agencies, nonprofit organizations, and federally recognized California Indian tribes for pazks, pazk facilities, Environmental Enhancement Projects, and Environmental Youth Service Centers that aze within the Immediate Proximity of a neighborhood that has been identified by the Department as having a critical lack of pazk or open-space lands or Deteriorated Park Facilities, that are in an azea of Significant Poverty and unemployment, that have a shortage of service for youth; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the program and the grant Project shown above within the State, setting up necessary procedures, and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State, and WHEREAS; the Applicant will enter into a Contract with the State of California for the Project; NOW, THEREFORE, BE IT RESOLVED that the Sazatoga City Council hereby: Approves the filing of an Application for local assistance funds from the Murray- Hayden Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 1. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 2. Certifies that Grantee has or will have available, prior to commencement of any work on the Project(s) included in this Application, the required Match; and Appoints the Public Works Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. The above and forgoing resolution was passed and adopted by the Sazatoga City Council at a regulaz meeting held on the 17a' day of Apri12002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk II. MURRAY-HAYDEN PROGRAM DESCRIPTION /-~{{aGhmeyvf ~ 2000 Bond Act Intent The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, responding to the recreational and open-space needs of a growing population and expanding urban communities, is intended to revive state Stewardship of natural resources by investing in neighborhood parks and state parks, clean water protection and coastal beaches and scenic areas. Murray-Hayden Program Intent To provide grant funding for Capital Projects, including parks, park facilities,. Environmental Enhancement Projects, Youth Centers, and Environmental Youth Service Centers that are within immediate Proximity of a neighborhood that has been identified by the Department as having: _. • a Critical Lack of Parks and/or Open Space and/or • Deteriorated Park Facilities that are in an area of: • Significant Poverty and Unemployment, and • have a Shortage of Services for Youth Priority shall be given to Capital Projects that employ neighborhood residents and At- Risk Youth. All proposals must result in a completed Project that is open and available for public use by the final billing date. __ Murray-Hayden Procedural Guide 10/31101 4 Amount of Funds Available Approximately $43,000,000 is available for Competitive Projects. The minimum grant award is $50,000. At least $15,000,000 shall be available for grant awards of up to $500,000 per Project. The remaining funds shall be available for grant awards of-up to $3,000,000 per Project. Eligible Applicants The following Applicants may apply for Murray-Hayden funds: Heavily Urbanized Counties, which are those counties with a population of 750,000 or more • Heavily Urbanized Cities, which are those cities with a population of 200,000 or more, or cities within a Heavily Urbanized County • Non-Profit Organizations within Heavily Urbanized Counties or Heavily Urbanized Cities • Eligible Districts within Heavily Urbanized Counties or Heavily Urbanized Cities • Federally recognized California Indian Tribes within Heavily Urbanized Counties or Heavily Urbanized Cities Eligible Projects The following types of Capital Projects are eligible for grant funcii~g: • Acquisition and Development • Development Rehabilitation Acquisition and Development Projects All Acquisition Projects must also include a Development component, including, but not limited to, the following: • Acquiring a vacant lot and developing it into a pocket park • Acquiring land and converting it to a playground, play field, or community garden • Purchasing a building and converting it to a recreation center Development Proiects Funds may be used for Capital Projects to develop parks, park facilities, Youth Centers, or Environmental Youth Service Centers designed to support activities, including, but not limited to, the following: • performing arts stages • athletic facilities • play areas Murray-Hayden Procedural Guide 10/31/01 5 Rehabilitation Projects An Applicant may rehabilitate a park, recreation facility, or historical structure within the Neighborhood Service Area, under the following circumstances: The facility is no longer fully serviceable, and when rehabilitated, will provide expanded or additional opportunities • The facility is inoperative • The facility is unsafe • The facility allows only limited use, and when rehabilitated, will provide expanded use Matching Requirements --- The minimum local Match, all of which must come from nonstate monies, is 3/7 times the Project Grant Amount for each Project. This represents 30% of the allowable Project cost. The fraction 3/7 is useable, because for every ten dollars in allowable Project cost, the State will cover seven dollars with a grant (70% of Project cost) and the Grantee must Match the State's seven dollars with three dollars (30% of Project Cost) from the Grantee's funds. Thus, the local Match equals three dollars local Match money for every seven dollars in State grant money, or 3/7 times the Project Grant Amount. For example, a $1,000,000 Project funded by a $700,000 grant will require a $300,000 Match [calculated as 30% of the Project cost (0.3 times $1,000,000) or as 3/7 times the Project Grant Amount (3/7 times $700,000)]. The Match cannot come from State sources, such as other State funded grant programs. Match From Private or Nonstate Sources At least one-third of the local Match must consist of monies or nonmonetary contributions from private or nonstate sources, unless waived (See page 8 for waiver information). The minimum Match from private or nonstate sources can be calculated as 10% of the Project cost (e.g., fora $1,000,000 Project, the Match is .10 X $1,000,000 _ $100,000). If the Project GranfAmount is known, the minimum Match can also be calculated as 1/7 times the Project Grant Amount (e.g., fora $1,000,000 Project with a Project Grant Amount of $700,000, the Match is $700,000 X 1/7 = $100,000). The Applicant shall certify to the Department the source and amount of private or nonstate sources (See Appendix J, page 77 for Local Match Certification Form). The Certification shall be made at least 30 days prior to actual release of state funds. Real property, cash, or other assets required to be transferred to a public agency pursuant to Section 66477 of the Government Code or any other provision of law shall not qualify as funds from a private or nonstate source. However, they shall qualify as the monetary or nonmonetary contribution the Applicant is required to furnish. Murray-Hayden Procedural Guide 10/31/01 g Matching Formula - 70% state and 30% local Match. One-third of local Match must come from private or nonstate sources, unless waived. The 30% Match cannot come from state sources, such as other state funded grant programs (Per Capita, Habitat Conservation Fund, Urban Centers, Non-Motorized Trails, etc.). ELIGIBLE SOURCES TO MEET MATCHING REQUIREMENT Local Component - 2/7th of Grant Amount 1. Local Applicant Money 2. Lands, cash, or assets transferred to the Project from other local agencies 3. Force Account Labor 4. Federal Funds 5. Private cash or land donations 6. Any combination of the above Private or Non-State Component -1/7th of Grant Amount (Minimum) 1. Cash donations, land donations, the equipment, supplies, volunteer labor, free or reduced-cost use of lands, facilities, or equipment, bequests and_earnings from wills, estates, and trusts 2. Federal funds 3. Cash from local agencies, other than the Applicant 4. Money from private sources 5. For Acquisition and Development Projects: Property donated to be part of the Acquisition portion of the Project or reduced cost of land 6. Any combination of the above At the Applicant's option, the entire Match can come from private or nonstate sources. Murray-Hayden Procedural Guide 10/31/01 IV. GRANT PROCESS Following is the Murray-Hayden Program Process: 1. The Applicant determines the amount of funds needed for the Project. 2. The Applicant prepares and submits a grant Application package to the Department, using the Project Application Checklist (see page 33). 3. The Department evaluates all Applications based on eligibility and ranking criteria. 4. The Department selects the Projects for funding. 5. The Department informs the Applicants of approval/disapproval. 6. The Department sends the Contract to the successful Applicant. 7. Grantees that are Non-Profit Organizations execute a performance bond in an amount equal to at least one hundred percent (100%) of the total grant amount (less Acquisition funds if such Acquisition funds are deposited into an escrow account by the Department). 8. Grantees that are receiving grant funds for Acquisition and Development Projects and/or Development Projects involving and/or occurring on real property held in private ownership execute a promissory note and execute and record a deed of trust. 9. The Grantee retums a signed copy of the Contract along with all other required documents to the Department. 10:The Department returns a fully executed Contract to the Grantee. The Grantee may request a 10% advance of the Project Grant Amount as specified in the approved Application, to be spent on costs such as plans, permits, specifications, and CEQA compliance. 11.Once CEQA has been completed, the Grantee commences work on the Project, as specified in the approved Application, and may request up to 80% of the Project Grant Amount, either when construction has commenced, or after the construction Contract is awarded, and has issued a notice to proceed. 12.The Grantee posts 2000 Bond Act signs as required, acknowledging the source of funds (See Appendix I, page 71 ). 13.The Grantee completes the Project and submits the Project Completion Package (See Appendix G, page 55). 14.The Department Project Officer makes a final on-site Project inspection. 15.The Department processes the final payment request: 16.The Department may perform an audit of the completed Project. Murray-Hayden Procedural Guide 10/31/01 13 Grant Contract Special Provisions General Provisions A. Definitions 1. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or Program. _ 3. The term "Development" as used herein means improvements to real property by construction of new facilities or renovation or additions to existing facilities. 4. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. 5. The term "Project" as used herein means the Project described on page 1 of this Contract. 6. The term "State" as used herein means the State of Califomia Department of Parks and Recreation. B. Project Execution Subject td the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of~ money (grant monies) not to exceed the amount stated on page 1, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1, and under the terms and conditions set forth in this Contract. The Grantee shall assume any obligation to famish any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. 2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. 3. The Grantee shall comply with the Califomia Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Titie 14, California Code of Reoulations, Section 15000 et. seq.) 4. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and disabled access laws. 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State, to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. Changes in the Project Scope must be approved in writing by the State and must meet the exact need described in the original Project Application. 7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisition. Murray-Hayden Procedural Guide 10/31/01 43 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation and the provisions of the Contract. 9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post signs acknowledging the source of funds. 10. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land, as determined by the State, that is held by the Grantee. 11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a) (1.) of the Public Resources Code for a period that is commensurate with the type of Project and the proportion of state funds and local Matching funds or property allocated to the Capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property, except as authorized by specific act of the Legislature. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a use authorized by that category. 12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land 13. The Application shall be accompanied by certification from the applicable city or county planning agency that the Project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan, the District park_and recreation plan, or appropriate planning document, as the case may be, and will satisfy a high priority need. If the Applicant is aNon-Profit Organization, the Applicant must also certify that the Project is consistent with its Articles of Incorporation. 14. Prior to execution of the Grant Contract, Grantees that are Non-Profit Organizations shall execute and deliver to the Department a performance bond, to accompany the Grant Contract, in the amount equal to at least one hundred percent (100%) of the total grant funds (less Acquisition funds if such Acquisition funds are placed into an escrow account by the Department) guaranteeing faithful performance of the covenants and obligations of the Grant Contract, The performance bond shall be prepared on standard bonding company forms and shall be issued by a corporate surety authorized to transact a general surety business in the State of California. The performance bond must remain in full force and effect until the time the final payment is processed on the Contract. Murray-Hayden Procedural Guide 10/31/01 44 15. For Acquisition and Development Projects involving and occurring on real property held in private ownership, the Grantee shall open an escrow account and provide to the Department a preliminary title report of the property to be acquired. The Department reserves the right to require any or all encumbrances on the title of the property to be cleared. Upon the Department's approval of the preliminary title report, Acquisition funds shall be placed in the escrow account. The Grantee shall execute a promissory note in a form approved by the Department. The amount of the promissory note shall be the total amount of the grant. The Department shall have an enforceable lien right on the real property and any and all facilities constructed, acquired, renovated,.and/or remodeled on such real property, for the term of at least 10 years for grants up to and includirig $100,000, and for the term of at least 20 years for grants exceeding $100,000. The lien shall be evidenced by a deed of trust approved by the Department. The Grantee shall execute, record concurrently with the conveyance document, and deliver, along with the original promissory note, a conformed copy of the deed of trust to the Department within 15 calendar days from the date of Acquisition of the real property. Should any of the following events occur, the Department may, without the consent of the Department of General Services, foreclose upon the lien, take possession of and sell the property: • The owner of the real property or the facilities thereon ceases to be an eligible Grantee. • The Grantee fails to meet any or all of the obligations or covenants of this Grant Contract. 16. For Development Projects occurring on real property held in private ownership, the Grantee, prior to execution of the Grant Contract, shall execute and deliver to the Department a promissory note in a form approved by the Department. The amount of the promissory note shall be the total amount of the grant. The Department shall have an enforceable lien right on the real property and any and all facilities constructed, acquired, renovated, and/or remodeled on such real property, for the term of at (east 10 years for grants up to andancluding $100,000, and for the term of at least 20 years for grants exceeding $100,000. The lien shall be evidenced by a deed of trust approved by the Department. The Grantee shall execute, record, and deliver such deed of trust to the Department prior to the execution of this Grant Contract. Should any of the following events occur, the Department may, without the consent of the Department of General Services, foreclose upon the lien, take possession of and sell the property: • The owner of the real property or the facilities thereon ceases to be an eligible Grantee. • The Grantee fails to meet any or all of the obligations or covenants of this Grant Contract. C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth on page 1 of this Contract: a. Up to a ten percent advance of the total Project Grant Amount. b. After the property is in escrow, the Grantee may request up to 80% of the Project Grant Amount as specified in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place these funds in escrow. c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completing of the Project and receipt of a detailed summary of Project costs from the Grantee. Murray-Hayden Procedural Guide 10/31/01 45 2. The State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the total Project Grant Amount set forth of page 1 of this Contract: a. Up to a ten percent advance of the total Project Grant Amount. b. On proof of award of a construction Contract or commencement of construction by Force Account, up to eighty percent of the total Project Grant Amount, or the actual cost, whichever is less. c. Remaining grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Project Administration 1. The Grantee shall promptly submit written Project reports as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures. 2. The Grantee shall make properly and facilities developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant monies are advanced, the Grantee shall place these monies in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the Project or paid to the State. If grant monies are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the Grantee's jurisdiction. E. Project Termination The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract maybe rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. 2. Failure by the Grantee to comply with the terms of this Contractor any other Contract under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure by the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract. Mu~ay-Hayden Procedural Guide 10/31/01 46 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State byway of grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Graritee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project conforms substantially to this Contract. Hold Harmless 1. The Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. ,The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Murray-Hayden Procedural Guide 10/31/01 47 G. Financial Records 1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or completion. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. 3. The Grantee shall use a generally accepted accounting system. H. Use of Facilities The Grantee shall maintain and operate the properly developed for a period commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the Capital costs of the Project, as determined by the State. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special -- provisions of this Project Contractor under provisions of the enabling legislation and/or Program. J. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect other provisions or Applications of the Contract which can be given effect without the invalid provision or Application, and to this end the provisions of this Contract are severable. Murray-Hayden Procedural Guide 10/31/01 4g <r~~ ~ r Saratoga Rotary Service Fund ~ POST OFFICE BOX 2353 • SARATOGA, CALIFORNIA 95070 GRANT STATUS REP_ ORT ORGANIZATION: ~f~2 14~~ t cJ/ Lt/~}-~1Ntn. uT J'o„r ovJ~ It is with pleasure that I am able to inform you that we approved your Grant request in the amount of $ U ~-o . We will be calling you on a date when we will be able to present your check to you at one of our regular Rotary luncheons. Sincerely, ~`~~~~ Robert Egan -Chairman SARATOGA ROTARY ART SHOW • FIRST SUNDAY IN MAY • WEST VALLEY COLLEGE • SARATOGA SARATOGA CITY COUNCIL MEETING DATE: Apri117, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~ PREPARED BY: Lorie Tinfow DEPT HEAD: l.l. ~ SUBJECT: Resolution Endorsing AB 2351 Introduced by Assembly Member Canciamilla RECOMMENDED ACTION(S): Adopt the attached resolution urging support for Assembly Bill 2351 which makes modest changes to existing law that requires water quality control boards to impose mandatory minimum penalties (MMP) for specified violations of a waste dischazge permit. REPORT SUMMARY: The Porter-Cologne Water Quality Control Act assesses mandatory penalties for violation of waste discharge permits even when the violations have no effect on water quality or could not have been prevented with reasonable care. In the past, the regional water board had some discretion to make exceptions for cases such as those described above. Because board discretion has been removed, cities are being assessed penalties even when the regional water boards believe penalties are not appropriate. AB 2351, co-sponsored by the League and the California Association of Sanitation Agencies, makes modest changes to existing law that requires regional water quality control boazds to impose mandatory minimum penalties (MMP) for specified violations of a waste discharge permit. Responding to unintended consequences that have resulted in cities and special districts being fined for circumstances beyond their control, AB 2351 carefully removes specified violations from the MMP requirement. The bill's passage would not impact in any way the authority of a regional board to impose discretionary penalties for violations of their wastewater plant permit. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council would not voice support for AB 2351. ALTERNATIVE ACTION(S): Choose not to support AB 2351. FOLLOW UP ACTION(S): Staff will transmit the resolution to Assembly .Member Canciamilla and other relevant members of the Legislature. _ ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution endorsing AB 2351. RESOLUTION NO: _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ENDORSING ASSEMBLY BILL 2351 WHEREAS, the Porter-Cologne Water Quality Control Act mandates the State Water Resources Control Board or a California Regional Water Quality Control Board to' penalize the discharge of pollutants or other unacceptable violations of waster dischazge permits regardless of circumstance; and - WHEREAS, mandatory penalties have been assessed even when the violations have no effect on water quality or could not have been prevented with reasonable caze; and WHEREAS, cities and special districts are being fined for these circumstances; and WHEREAS, the implications of the Act in use appear to be unintended; and WHEREAS, AB2351 cazefully removes specified violations from the mandatory requirements without impacting in any way the authority of a regional board to impose discretionary penalties for violations of their wastewater plant permit; and WHEREAS, the City of Saratoga supports the corrective action represented by AB 2351. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby endorses Assembly Bill 2351 and urges the legislature of the State of California to adopt the measure in order to remedy the unintended consequence of assessed penalties for circumstances beyond a city's control; and BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager to cause a copy of this resolution to be provided to Assembly Member Canciamilla and such other members of the Legislature, as the City Manager deems prudent to promote passage of the bill. PASSED AND ADOPTED by the Sazatoga City Council, State of California, this 17th day of April, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nick Streit, Mayor ATTEST Cathleen Boyer, City Clerk Attachments Exhibit A: Assembly Bi112351 Resolution No. Y~..J CALIFORNIA LEGISLATURE-2001-02 REGULAR SESSION ASSEMBLY BILL No. 2351 Introduced by Assembly Member Canciamilla - February 21, 2002 An act to amend Section 13385 of the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 2351, as introduced, Canciamilla. Water quality: civil liability. (1) Existing law, the Porter-Cologne Water Quality Control Act, subjects persons who violate various provisions of the act or the federal Clean Water Act to certain civil penalties, including a mandatory minimum penalty of $3000 for the first serious violation, as defined, and each additional serious violation in any 6-month period. The act, under certain circumstances, authorizes the State Water Resources Control Board or a California regional water quality control boazd, in lieu of assessing the penalty applicable to the first serious violation, to elect to require the dischazger to spend an amount equal to the penalty for a supplemental environmental project in accordance with the enforcement policy of the state board-and any applicable guidance document or to develop a pollution prevention plan. This bill, instead, would authorize the state board or a regional boazd, in lieu of assessing that mandatory minimum penalty, to elect to require the discharger to spend up to the amount of the penalty for a supplemental environmental project or to develop a pollution prevention plan. (2) The act requires the state board and the regional boards, for the purposes of carrying out these civil liability provisions, to construe a single operational upset that leads to simultaneous violations of more than one pollutant parameter as a single violation. 99 AB 2351 - 2 - This bill would require those agencies to construe a single operational occurrence that leads to violations of one or more pollutant parameters, even if the occurrence lasts for more than one day, as a single violation. (3) The act provides that the requirements relating to the imposition of mandatory minimum penalties do not apply to certain types of violations. This bill also would make mandatory minimum penalties inapplicable to violations caused by the operation of a new or reconstructed wastewater treatment plant unit or process during a defined period of adjusting or testing if certain requirements are met, or, under certain circumstances, to violations of effluent limitations for chlorine. (4) The bill would impose requirements with regard to the hearing held for the purpose of imposing civil liability pursuant to these provisions and would authorize the state board or a regional board to waive the imposition of, or reduce the amount of, mandatory minnnum penalties if certain requirements are met. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 13385 of the Water Code is amended to 2 read: 3 13385. (a) Any person who violates any of the following 4 shall be liable civilly in accordance with this section: 5 (1) Section 13375 or 13376. 6 (2) Any waste discharge requirements or dredged and fill 7 material permit. 8 (3) Any requirements established pursuant to Section 13383. 9 (4) Any order or prohibition issued pursuant to Section 13243 10 or Article 1 (commencing with Section 13300) of Chapter 5, if the I 1 activity subject to the order or prohibition is subject to regulation 12 under this chapter. 13 (5) Any requirements of Section 301, 302, 306, 307, 308, 318, 14 or 405 of the Clean Water Act, as amended. 15 (6) Any requirement imposed in a pretreatment program 16 approved pursuant to waste discharge requirements issued under 99 I 3 - AB 2351 1 Section 13377 or approved pursuant to a permit issued by the 2 administrator. 3 (b) Civil liability maybe imposed by the superior court in an 4 amount not to exceed the sum of both of the following: 5 (1) Twenty-five thousand dollars ($25,000) for each day in 6 which the violation occurs. 7 (2) Where there is a discharge,, any portion of which is not' 8 susceptible to cleanup or is not cleaned up, and the volume 9 discharged but not cleaned up exceeds 1,000 gallons, an additional 10 liability not to exceed twenty-five dollars ($25) multiplied by the I 1 number of gallons by which the volume discharged but not cleaned 12 up exceeds 1,000 gallons. 13 The Attorney General, upon request of a regional board or the 14 state board, shall petition the superior court to impose the liability. 15 (c) Civil liability maybe imposed administratively by the state 16 board or a regional board pursuant to Article 2.5 (commencing 17 with Section 13323) of Chapter 5 in an amount not to exceed the 18 sum of both of the following: 19 (1) Ten thousand dollars ($10,000) for each day in which the 20 violation occurs. 21 (2) Where there is a discharge, any portion of which is not 22 susceptible to cleanup or is not cleaned up, and the volume 23 discharged but not cleaned up exceeds 1,000 gallons, an additional 24 liability not to exceed ten dollars ($10) multiplied by the number 25 of gallons by which the volume discharged but not cleaned up 26 exceeds 1,000 gallons. 27 (d) For purposes of subdivisions (b) and (c), the term 28 "discharge" includes any discharge to navigable waters of the 29 United States, any introduction of pollutants into a publicly owned 30 treatment works, or any use or disposal of sewage sludge. 31 (e) In determining the amount of any liability imposed under 32 this section, the regional board, the state boazd, or the superior 33 court, as the case may be, shall take into account the nature, 34 circumstances, extent, and gravity of the violation or violations, 35 whether the discharge is susceptible to cleanup or abatement, the 36 degree of toxicity of the discharge, and, with respect to the 37 violator, the ability to pay, the effect on its ability to continue its 38 business, any voluntary cleanup efforts undertaken, any prior 39 history of violations, the degree of culpability, economic benefit 40 or savings, if any, resulting from the violation, and other matters 99 AB 2351 - 4 1 that justice may require. At a minimum, liability shall be assessed 2 at a level that recovers the economic benefits, if any, derived from 3 the acts that constitute the violation. 4 (f) For purposes of this section, a single operational .ttpseF 5 occurrence that leads to si~rkaaeeas violations ofd one 6 or more pollutants parameters, even if the occurrence 7 lasts for more than one day, shall be treated as a single violation. 8 (g) Remedies under this section are in addition to, and do not 9 supersede or limit, any other remedies, civil or criminal, except 10 that no liability shall be recoverable under Section 13261, 13265, I1 13268, or 13350 for violations for which liability is recovered 12 under this section. 13 (h) (1) Notwithstanding any other provision of this division, 14 and except as provided in subdivisions (j) and (k), and (m), a 15 mandatory minimum penalty of three thousand dollars ($3,000) 16 shall be assessed for the first serious violation and each additional 17 serious violation in any period of six consecutive months, except 18 that if no serious violation has occurred in the prior six months, the 19 state board or regional board, in lieu of assessing the penalty 20 ,may elect to require the 21 discharger to spend an amount ec~ap-te up to the amount of the 22 penalty for a supplemental environmental project m-aao- 23 24 gaidaaee~eea~etk, or to develop a pollution prevention plan. ~1€ 25 26 27 a 28 , 29 "~'°lt L ~ ,. ~A Ate.. ,.,. .L ,.AA:d .~..1 :_t„~: ~., aL. 30 31 32 g 33 (2) For the purposes of this section, the following terms have 34 the following meanings: 35 (A) A "serious violation" means any waste discharge that 36 exceeds the effluent limitations contained in the applicable waste 37 discharge requirements for a Group II pollutant, as specified in 38 Appendix A to Section 123.45 of Title 40 of the Code of Federal 39 Regulations, by 20 percent or more or for a Group I pollutant, as 99 i 5 - AB 2351 1 specified in Appendix A to Section 123.45 of Title 40 of the Code 2 of Federal Regulations, by 40 percent or more. 3 (B) A "supplemental environmental project" means an 4 environmentally beneficial project that a person agrees to 5 undertake, with the approval of the regional board, that would not 6 be undertaken in the absence of an enforcement action under 7 Section 13385. 8 (C) A "period of six consecutive months" means the period 9 beginning on the day following the date on which a serious 10 violation or one of the violations described in subdivision (i) 11 occurs and ending 180 days after that date. 12 (i) Notwithstanding any other provision of this division, and 13 except as provided in subdivisions (j) ate, (k), and (m), a 14 mandatory minimum penalty of three thousand dollars ($3,000) 15 shall be assessed for each violation whenever the person does any 16 of the following four or more times in any period of six 17 consecutive months, except that the requirement to assess the 18 mandatory minimum penalty shall not be applicable to the first 19 three violations: 20 (1) £~eeeds Vtolates a waste discharge requirement effluent 21 limitation. 22 (2) Fails to file a report pursuant to Section 13260. 23 (3) Files an incomplete report pursuant to Section 13260. 24 (4) £~eeecfs Violates a toxicity dischazge limitation contained 25 in the applicable waste discharge requirements where the waste 26 discharge requirements do not contain pollutant-specific effluent 27 limitations for toxic pollutants. 28 Q) Subdivisions (h) and (i) do not apply to any of the following: 29 (1) A violation caused by one or any combination of the 30 following: 31 (A) An act of war. 32 (B) An unanticipated, grave natural disaster or other natural 33 phenomenon of an exceptional, inevitable, and irresistible 34 character, the effects of which could not have been prevented or 35 avoided by the exercise of due care or foresight. 36 (C) An intentional act of a third party, the effects of which 37 could not have been prevented or avoided by the exercise of due 38 care or foresight. 39 (D) A bypass of a treatment facility located in the County of 40 Los Angeles during the 2001 calendaz year if the applicable waste 99 l.J AB 2351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -6- discharge requirements incorporate a provision for the bypass, and that bypass meets the conditions set forth in Section 122.41 (m)(4) of Title 40 of the Code of Federal Regulations and any more stringent conditions incorporated into the waste dischazge requirements and the bypass has been approved by the regional boazd as meeting those conditions. (E) The operation of a new .or reconstructed wastewater treatment plant unit or process during a defined period of adjusting or testing, if all of the following requirements are met: (i) The regional board has been notified in advance of the operation, including the estimated time, not to exceed 180 days, required for the adjustment or testing. (ii) The regional board determines that the operation during that defined period was the cause of the violation. (iii) The regional board determines that reasonable, good faith efforts were made to avoid the violation. (2) (A) Except as provided in subparagraph (B), a violation of an effluent limitation where the waste dischazge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300, if all of the following requirements aze met: (i) The cease and desist order or time schedule order is issued after January 1, 1995, but not later than July 1, 2000, specifies the actions that the discharger is required to take in order to correct the violations that would otherwise be subject to subdivisions (h) and (i), and the date by which compliance is required to be achieved and, if the final date by which compliance is required to be achieved is later than one year from the effective date of the cease and desist order or time schedule order, specifies the interim requirements by which progress toward compliance will be measured and the date by. which the discharger will be in compliance with each interim requirement. (ii) The discharger has prepared and is implementing in a timely and proper manner, or is required by the regional board to prepare and implement, a pollution prevention plan that meets the requirements of Section 13263.3. (iii) The discharger demonstrates that it has carried out all reasonable and immediately feasible actions to reduce noncompliance with the waste discharge requirements applicable 99 7 - AB 2351 1 to the waste discharge and the executive officer of the regional 2 board concurs with the demonstration. 3 (B) Subdivisions (h) and (i) shall become applicable to a waste 4 discharge on the date the waste discharge requirements applicable 5 to the waste discharge aze revised and reissued pursuant to Section 6 13380, unless the regional boazd does all of the following on or 7 before that date: 8 (i) Modifies the requirements of the cease and desist order or 9 time schedule order as may be necessary to make it fully consistent 10 with the reissued waste dischazge requirements. 11 (ii) Establishes in the modified cease and desist order or time 12 schedule order a date by which full compliance with the reissued 13 waste discharge requirements shall be achieved. For the purposes 14 of this subdivision, the regional board may not establish this date 15 later than five years from the date the waste dischazge 16 requirements were required to be reviewed pursuant to Section 17 13380. If the reissued waste discharge requirements do not add 18 new effluent limitations or do not include effluent limitations that 19 are more stringent than those in the original waste discharge 20 requirements, the date shall be the same as the final date for 21 compliance in the original cease and desist order or time schedule 22 order or five years from the date that the waste dischazge 23 requirements were required to be reviewed pursuant to Section 24 13380, whichever is earlier. 25 (iii) Determines that the pollution prevention plan required by 26 clause (ii) of subparagraph (A) is in compliance with the 27 requirements of Section 13263.3 and that the discharger is 28 implementing the pollution prevention plan in a timely and proper 29 manner. 30 (3) A violation of an effluent limitation where the waste 31 discharge is in compliance with either a cease and desist order 32 issued pursuant to Section 13301 or a time schedule order issued 33 pursuant to Section 13300, if all of the following requirements are 34 met: 35 (A) The cease and desist order or time schedule order is issued 36 on or after July 1, 2000, and specifies the actions-that the 37 discharger is iequired to take in order to correct the violations that 38 would otherwise be subject to subdivisions (h) and (i). 39 (B) The regional boazd finds that, for one of the following 40 reasons, the discharger is not able to consistently comply with one 99 ~~ AB 2351 - 8 1 or more of the effluent limitations established in the waste 2 discharge requirements applicable to the waste dischazge: 3 (i) The effluent limitation is a new, more stringent, or modified 4 regulatory requirement that has become applicable to the waste 5 dischazge after the effective date of the waste discharge 6 requirements and after July 1, 2000, new or modified control 7 measures are necessary in order to comply with the effluent 8 limitation, and the new or modified control measures cannot be 9 designed, installed, and put into operation within 30 calendaz days. 10 (ii) New methods for detecting or measuring a pollutant in the 11 waste discharge demonstrate that new or modified control 12 measures are necessary in order to comply with the effluent 13 limitation and the new or modified control measures cannot be 14 designed, installed, and put into operation within 30 calendar days. 15 (iii) Unanticipated changes in the quality of the municipal or 16 industrial water supply available to the dischazger are the cause of 17 unavoidable changes in the composition of the waste discharge, 18 the changes in the composition of the waste dischazge aze the cause 19 of the inability to comply with the effluent limitation, no 20 alternative water supply is reasonably available to the dischazger, 21 and new or modified measures to control the composition of the 22 waste discharge cannot be designed, installed, and put into 23 operation within 30 calendar days. 24 (C) The regional board establishes a time schedule for bringing 25 the waste discharge into compliance with the effluent limitation 26 that is as short as possible, taking into account the technological, 27 operational, and economic factors that affect the design, 28 development, and implementation of the control measures that are 29 necessary to comply with the effluent limitation. For the purposes 30 of this subdivision, the time schedule may not exceed five years in 31 length. If the time schedule exceeds one year from the effective 32 date of the order, the schedule shall include interim requirements 33 and the dates for their achievement. The interim requirements shall 34 include both of the following: 35 (i) Effluent limitations for the pollutant or pollutants of 36 concern. 37 (ii) Actions and milestones leading to compliance with the 38 effluent limitation. 39 (D) The discharger has prepared and is implementing in a 40 timely and proper manner, or is required by the regional board to 99 i~..J ~~ - 9 - AB 2351 1 prepare and implement, a pollution prevention plan pursuant to 2 Section 13263.3. 3 (4) A violation of an effluent limitation of zero for chlorine 4 residual occurring during continuous monitoring, if the waste 5 discharge requirements do not include frequency and magnitude 6 thresholds qualifying the zero limitation, except that a violation of 7 any of the following thresholds is subject to subdivisions (h) and 8 (i): 9 (A) More than 3.3 milligrams per liter for any period of time.. 10 (B) More than zero for more than 23.3 percent of any one day. 11 (C) More than zero for more than 5.2 percent of any one-week 12 period. 13 (D) More than zero for more than 2.4 percent of any one-month 14 period. 15 (k) In lieu of assessing all or a portion of the mandatory 16 minimum penalties pursuant to subdivisions (h) and (i) against a 17 POTW serving a small community, as defined by subdivision (b) 18 of Section 79084, the state board or the regional board may elect 19 to require the POTW to spend an equivalent amount toward the 20 completion of a compliance project proposed by the POTW, if the 21 state or regional board finds all of the following: 22 (1) The compliance project is designed to correct the violations 23 within five years. 24 (2) The compliance project is in accordance with the 25 26 enforcement policy of the state board. (3) The POTW has demonstrated that it has sufficient funding 27 to complete the compliance project. 28 (n The hearing in response to the complaint for the 29 administrative impositior: of civil liability pursuant to this section 30 shall provide for a reasonable opportunity for the person accused 31 to meaningfully present issues relevant to the allegations in the 32 complaint. If the person served with the complaint anticipates that 33 the time for presentation of evidence may reasonably exceed 30 34 minutes, the person may request the matter be referred to a panel 35 of the regional board in accordance with Section 13223, or by 36 stipulation to a hearing officer, to alleviate the potential 37 congestion of the agenda. The hearing shall be governed by 38 Chapter 1.5 of Division 3 of Title 23 of the California Code of 39 Regulations: 99 AB 2351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 -10- (m) (1) The state board or a regional board may waive the imposition of, or reduce the amount of, the penalty for any violation described in subdivision (h) or (i), with or without the use of a supplemental environmental project or pollution prevention plan, if the state board or a regional board determines, by a majority vote of all of its members, that justice requires the waiver or reduction based upon one or more of the factors specifted in subdivision (e). In making this determination, the state board or a regional board shall identify the factor or factors and the supporting facts underlying its determination. (2) Notwithstanding subdivision (e), for the purposes of reducing the amount of a penalty pursuant to this subdivision, the state board or a regional board need not assess liability at a level that recovers the economic benefzts, if any, derived from the acts that constitute the violation. (n) The Attorney General, upon request of a regional boazd or the state board, shall petition the appropriate court to collect any liability or penalty imposed pursuant to this section. Any person who fails to pay on a timely basis any liability or penalty imposed under this section shall be required to pay, in addition to that liability or penalty, interest, attorneys' fees, costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of the person's penalty and nonpayment penalties that are unpaid as of the beginning of the quarter. f~- (o) Funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account. f~f~' (p) (1) The state board shall report annually to the Legislature regarding its enforcement activities. The reports shall include all of the following: (A) A compilation of the number of violations of waste discharge requirements in the previous year. (B) A record of the formal and informal compliance and enforcement actions taken for each violation. (C) An analysis of the effectiveness of current enforcement policies, including mandatory minimum penalties. 99 11- AB 2351 1 (D) Recommendations, if any, necessary for improvements to 2 the enforcement program in the following year. 3 (2) The report shall be submitted to the Chairperson of the 4 Assembly Committee on Environmental Safety and Toxic S Materials and the Chairperson of the Senate Committee on 6 Environmental Quality on or before March 1, 2001, and annually 7 thereafter. O 99 "1 SARATOGA CITY COUNCIL MEETING DATE: Apri117, 2002 AGENDA ITEM: ~ ~. ORIGINATING DEPT: Public Works CITY MANAGER: 'r/ ~G%G`^~- PREPARED BY: ~^'~-ri.- DEPT HEAD: ""L-~ SUBJECT: Congress Springs Park -Approval of AYSO User Agreement RECOMMENDED ACTION(S): 1. Approve three year Congress Springs Park User Agreement with AYSO and authorize City Manager to execute the same. 2. Waive payment of Use Fee for AYSO for one year in consideration of donations made to the Saratoga Youth Sports Fund. 3. Approve prepayment of use fee for years two and three of User Agreement in the amount of $25,500. REPORT SUMMARY: On January 16`h, the City Council approved the Saratoga Parks and Recreation Commission's recommendation of a use fee for the use of Congress Springs Park in the amount of $15 per person (resident) and $25 per person (nonresident). Additionally, the City Council approved a maintenance fee based on the additional park maintenance that will be needed to keep Congress Springs Park well maintained given she very high annual use it receives (the fee will be reviewed on an annual basis). Each user group have different needs and place different demands on the park's infrastructure, thus they have different maintenance fees. The maintenance fee for AYSO is estimated at $12,306. Currently the City has executed use agreements with Saratoga Little League and Saratoga Pony League. Both baseball user groups received a waiver of the use fees for a period of 3 years in consideration of donations made to the Saratoga Youth Sports Fund. Attached is a similar agreement for the use of Congress Springs Park with AYSO, which has been reviewed and approved by the City Attorney. The Parks and Recreation Commission is recommending that payment of the use fees be waived for one year in consideration of AYSO's donations to the Saratoga Youth Sports Fund in the amount of $36,000. AYSO has offered to prepay their use fee for years 2 and 3 of their agreement prior to June 30 of this year, so the funds can be used to purchase general park amenities (benches, barbecues, picnic tables, etc.) for Congress Springs Park. AYSO estimates that 850 members of their organization will utilize Congress Springs Park during the up coming season, which con•esponds to a $12,750 use fee. FISCAL IMPACTS: Depends on the City Council's actions. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The agreement would not be approved and AYSO would not have dedicated use of Congress Springs Pazk for the next three yeazs. ALTERNATIVE ACTION(S): Defer the payment of use fees for a period other then the recommended 1 year. FOLLOW UP ACTION(S): The contract will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. User Agreement. 2 of 2 AGREEMENT CONCERNING AYSO USE OF CONGRESS SPRINGS PARK THIS AGREEMENT, dated , by and between THE CITY OF SARATOGA, a municipal corporation ("Cit}~'), and AMERICAN YOUTH SOCCER ORGANIZATION- REGION 27. ("AYSO"), is made with reference to the following facts: A. City is owner of a public pazk, located on Glen Brae Drive, known as Congress Springs Pazk ("the Pazk"), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. AYSO has regularly utilized the Park for the conduct of games and practices during its season and desires to continue such use. C. AYSO and Saratoga Little League Baseball, Inc. ("Little League"),jointly own equipment installed within the snack shack. D. City and AYSO desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park. E. AYSO and it members have contributed a sum of $TBD for non-soccer related elements as part of the renovation of the Park. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: i. Term and Times of Use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2004. During the term of this Agreement AYSO shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of August through December ("Soccer Season"). Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: (a) Turf field set up and maintenance as follows: ;. Converting field from usage by Little League Baseball and Pony League Baseball except for those items that are the responsibility of AYSO as described below. Field conversion will include the AYSO CSP Use Agreement 1 of 9 installation of temporary fencing, as necessary, to prevent balls from rolling onto Glen Brae Avenue from the fields. ;;. Fertilization. ;;;. Thatching. ;~. Core aeration and plug pickup. ~. Field rolling. - ~. Broadleaf weed control. ~;;. Slit aeration. ~;;;. Overseed field. ;_. Dethatch. _. Field mowing. _ X;. Irrigation and maintenance of the turf field irrigation system. x;;. Cut out and re-sod wom turf areas. x;;;. Convert field for usage by Little League Baseball and Pony League Baseball except for those items that are the responsibility of AYSO as described below, (b) Providing utility services for the snack shack. (c) Removal of trash from the trash containers in the Park. (d) Maintenance of the Park restrooms including those in the snack shack. (e) Changing the locks on the snack shack doors at the beginning and end of every Soccer Season. (f) Scheduling apost-season meeting to review field conditions, maintenance requirements for the Park, and reconciliation of the maintenance costs and credits for the next soccer season. 3. Responsibilities of AYSO. AYSO shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial Gaze of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. (b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Ensuring the safety of all AYSO activities including, but not limited to, taking all reasonable efforts to prevent soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify the Public Works Director if a soccer ball exits the pazk onto Highway 85 during an AYSO practice or game. AYSO CSP Use Aereement 2 of 9 (d) Painting all soccer field lines and other markings. Said lines and mazkings are to be painted by AYSO with athletic field marking paint approved by the Public Works Director. No chemicals or oils maybe used to bum in any lines or markings in the turf grass fields. AYSO shall rotate field layout and use, as feasible, in accordance with a schedule approved by the Public Works Director prior to the beginning of the Soccer Season. (e) Installation of goal posts prior to commencement of regular playing season. (f) Removal of goal posts at end of season. (g) Making arrangements with City for a preseason inspection of the turf fields within 60 days and not more than 30 days prior to the beginning of the Soccer Season, at which. time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. 4. Payment. In consideration for the additional maintenance and other services provided by City, as described in Exhibit A, AYSO shall pay to the City the amount of not to exceed $12,306 for actual maintenance costs as determined by the Director of Public Works each Soccer Season during the term of this Agreement. Such payment shall be made no later than December 1 S` of each year and shall be delivered to the Director of the Deparhnent of Public Works. In recognition of AYSO's independent contributions to the Congress Springs Park Youth Sports Fund and the prepayment payment of user fees in the amount of $25,500, the pazk user fee for AYSO shall be waived for the duration of the term of this Agreement. 5. Park Use Policy. Notwithstanding any other provision of this Agreement, the Public Works Director shall have full authority to regulate the use of the Park, including, but not limited to, regulation of field layouts and imposing field "rest" periods during the season, based upon the condition of the park and fields as determined by the Public Works Director to ensure the long term health of the Park. 6. Rainy Day Policy. No games or practices are allowed if the field, as determined by the Public Works Director, is deemed to be in an unplayable condition at game/practice time. During periods of unstable/questionable weather conditions, the Public Works Director will determine whether the fields at the Park are playable. If the fields aze closed due to the above conditions, a sign will be posted at the park stating "Field Closed Today." This policy shall be publicized by AYSO and made available to all AYSO field users. 7. Penalties for Field Use Violations. Any unauthorized use of the Park, caused by AYSO's failure to exercise due diligence may result in a penalty, as determined by the Director of Public Works. Unauthorized use includes, but is not limited to, any violation of the Park Use Policy or Rainy Day Policy set forth above. Penalties shall be as follows: AYSO CSP Use A¢reement 3 Of 9 1 S` Penalty during season: No use of Park for one week from the date the penalty is imposed or payment of actual damages as determined by the Director of Public Works. 2"a Penalty during season: No use of Park for one month from the date the penalty is imposed or payment of actual damages_as determined by the Director of Public Works. 3`a Penalty during season: No use of Park for the remainder of season or payment of actual damages as determined by the Director of Public Works. 8. Termination. AYSO may cancel this Agreement by giving written notice to City not less than sixty (60) days prior to the commencement of Soccer Season. City may cancel this Agreement by giving written notice to AYSO not less than one hundred twenty (120) days prior to the date on which the Soccer Season commences. Provided, however, if City determines AYSO is violating any terms'of this agreement or in any way engaging in activities that City determines are or maybe harmful or hazazdous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to AYSO to correct the violation, within thirty (30) days, AYSO has not made the necessary correction. City may at its sole discretion suspend all use of the Pazk by AYSO pending the correction of any violation. 9. Contract Administration. This Agreement shall be admir_istered on behalf of City by the Public Works Director or his or her designee. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with AYSO concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director or his or her designee. 10. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and maybe given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: AYSO CSP Use Agreement 4 of 9 Notices to AYSO shall be sent to: AYSO/Sazatoga Soccer Regional Commissioner P.O. Box 2933 Saratoga, CA 95070 Notices to City shall be sent to: _ John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 11. No Agency. Except as City may specify in writing, AYSO shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. AYSO shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 12. Compliance with Laws. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of all other governmental agencies, (including federal, state, municipal and local governing bodies). 13. Drug-free Workplace. AYSO and AYSO's employees and volunteers shall comply with the City's policy ofmaintaining adrug-free workplace. Neither AYSO nor AYSO employees and volunteers shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at the Pazk. If AYSO or any employee or volunteer of AYSO is convicted or pleads nolo contendere to a criminal drug statute violation occumng at the Park, then AYSO, within five days thereafter, shall notify the City. 14. Discrimination Prohibited. AYSO assures and agrees that AYSO will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. AYSO CSP Use Agreement $ of 9 15. Indemnification of City. AYSO and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the negligent acts, errors or omissions, or willful misconduct of AYSO or conduct for which the law imposes strict liability on AYSO in connection with this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. AYSO acknowledges that City would not enter into this agreement in the absence of the commitment of AYSO to indemnify and protect City as set forth below. (a) To the fullest extent permitted by law, AYSO shall defend, indemnify and hold harrriless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, to the negligent acts, errors or omissions, or willful misconduct of the AYSO (including, but not limited to, damage or injury resulting directly or indirectly from soccer balls exiting the Park onto Highway 85, during AYSO practice or games) or conduct for which the law imposes strict liability on the AYSO in the performance or failure to perform this Agreement. All obligations under this provision aze to be paid by AYSO as they are incurred by the City. (b) Without affecting the rights of City under any provision of this agreement or this section, AYSO shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where and only to the extent that the City is shown to have been at fault. (c) The obligations of AYSO under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. AYSO expressly waives any statutory immunity under such statutes or laws as to City, its employees and officials. (d) Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors or assigns of AYSO and shall survive the termination of this agreement or this section. By execution of this Agreement, AYSO acknowledges and agrees that it has read and understands the provisions hereof and that this pazagraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the AYSO from liability under this pazagraph. AYSO CSP Use Agreement 6 of 9 16. Insurance Requirements. AYSO shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance as specified below against claims for the injuries to persons or damages to property which may arise from or in connection with AYSO's use and maintenance of the Pazk and the performance of the obligations hereunder by AYSO, its agents, representative or employees. (a) Minimum Limits of Insurance. AYSO shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers' Compensation and Employers Liability limits of $1,000,000 per accident, if AYSO has any employees. (b) Other Insurance Provisions. The policies aze to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of AYSO. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. AYSO's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of AYSO's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. AYSO's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses AYSO CSP Use Aereement 7 of 9 arising from work performed by AYSO for the City, if AYSO has • any employees. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. (d) Verification of Coverage. AYSO shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy aze to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements aze to be received and approved by the City before AYSO may make use of the park, fields or snack shack. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17. Parties In Interest. This Agreement is entered only for the benefit of the parties . executing this Agreement and not for the benefit of any other individual, entity or person. 18. Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 19. Cancellation of prior agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to AYSO's use of the Park (including any prior agreements between City, AYSO and other parties) and contains all of the covenants and agreements between the parties with respect to their respective rights and obligations concerning the Pazk. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 20. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. AYSO CSP Use Agreement 8 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. AYSO ,a~C~aliforn/i~a N~o~nprofit Corporation: Print Name: rnf{YC ~7 l.Vt~r/1My Position: ~~ ~ ~~~~^~ CITY OF SARATOGA, a municipal corporation By: Name: Title: APPROVED AS TO FORM: By: City Attorney APPROVED AS TO INSURANCE: By: Administrative Services Director Date: 7 ~~ G ~- Date: Date: Date: AYSO CSP Use Aereement 9 of 9 !f SARATOGA CITY COUNCIL ~~ MEETING DATE: April 17, 2002 AGENDA ITEM: /'/ ORIGINATING DEPT: Public Works CITY MANAGER: O^~G~+~---- PREPARED BY: ^~^~i DEPT HEAD: SUBJECT: Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 02-03 RECOMMENDED ACTION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 02- 03. 2. Move to adopt the Resolution of Intention. REPORT SUMMARY: Attached aze the next two Resolutions to continue the process for renewing the Landscaping and Lighting Assessment District LLA-1 for FY 02-03. Briefly, the two Resolutions aze: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Xear 2002=2003 - This is the Resolution required under the State Streets & Highways Code (S&H) section 22623 which grants preliminary approval of the Engineer's Report for the renewal of the District for FY 02-03. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 2002-2003 -This is the Resolution required under S&H 22624 which, among other things, fixes the date and time for the Public Hearing on June 5. There are no significant changes proposed for any of the Zones within the District in FY 02-03. These Resolutions should be adopted by separate vote at your meeting to continue the process of renewing the District for another yeaz in the time frame called for in the Budget Preparation Calendar. FISCAL IMPACTS: All of the costs associated with the District are recovered via the assessments except for indirect costs. In FY 00-O1 the City Council capped indirect costs at $10,000, which is approximately 50% of full recovery of these costs. There aze no increases in the pazcel assessments, which would require an assessment district election. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolutions would not be adopted and the process for renewing the District would not continue. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The Resolution of Intention will be published. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. After your meeting, the Resolution of Intention will be published. ATTACHMENTS: 1. Resolutions (2). 2. Preliminary Engineers Report ~.~ RESOLUTION NO.02- A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2002-2003 RESOLVED, by the City Council of the City of Sazatoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 6th day of February, 2002, said Council did adopt its Resolution No. 02-006, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2002-2003," for the City of Saratoga Landscaping and Lighting District LLA-l, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 02-006 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they aze hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them aze hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 02-006 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. i 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district in proportion to the estimated benefits to be received by such lots or pazcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 02-006. **** Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 17th day of April, 2002 by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk Nick Streit, Mayor City of Saratoga ~.J RESOLUTION NO. 02- A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2002-2003 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 02-006, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2002-2003," for City of Saratoga Landscaping and Lighting District LLA-1, adopted on February 6, 2002, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 02-006, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2002-2003 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Par[ 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 5th day of June, 2002, at the hour of 7:30 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same aze hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the~onstruction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published. and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regazding any protest proceedings to be had herein, and maybe contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Sazatega, Califomia 95070, or by calling (408) 868-1241. **++* Passed and adopted by the City Council of the City of Sazatoga, California, at a meeting thereof held on the 17th day of April, 2002, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Attest: Cathleen Boyer, City Clerk Nick Streit, Mayor City of Saratoga 'i Exhibit A The design, corutrtict3on or installation, ittc~uding the maintenance or servicing, or both, thereof; •of landscaping, induding trees, shrubs, grass or other . ornamental vegetation, statuary, fotmtaitts. and other ornamental st:ttctures and fadlities, and public Iigh~g iialities for the lighting of.am* public places, including traffic signals,.ontaaterttal.atanda:ds, luminaires. poles, s<tpporu, tunnels, manholes. vaults, wndt~its,.pipes, wizes,,,owtductoss. guys: stubs. platfornu. braces, transformers, insulators, contacts, switches, capadtors, meccas; communication arcuiu, appliances. attachments and appustertano~,•induding the cost of repair. removal or replacement of all or airy put thereof; 'providing for the life, gmwttt, health and beaut~~ of landscaping, irtcluding'coltivatioat, irtigitian, & spraying, fertilizing and treating for disease or injury; the r~aoval of cgs, rubbish, debris and other solid x~str electric aureat. or energy; gas or other illuminating agem for eery public lighting fadlities or for the lighting or operation of arty other improvemenu: and the operation of arty fountains or_the maintenance of airy other impravemenu. ~! 1._.J SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: April 17, 2002 ORIGINATING DEPT: Public Works/ City Attorney L AGENDA ITEM CITY MANAGER: ~~~ PREPARED BY: John Cherbone/ Richard Taylor SUBJECT: Report on Strategies to Reduce Creek Contamination including Draft Ordinance Removing Below Grade Exemption for Septic Systems RECOMMENDED ACTION: Accept report, direct staff to schedule introduction and first reading of septic abatement ordinance amendment following a public hearing, and provide further direction to staff regarding establishment of sewer lateral inspection requirements. STAFF REPORT: At its meeting of June 6, 2001 the City Council received a detailed report concerning water quality in Saratoga Creek and other creeks in the City. That report explained that several creeks in Saratoga exceed EPA standards for fecal coliform. The report noted that the City had been engaged in a lengthy process of abating potential sources of contamination by working with the West Valley and Cupertino Sanitary Districts, inspecting public storm drain systems, and by requiring abatement of certain septic systems. The report concluded that although contamination levels have declined since these efforts began, overall contamination levels continue to exceed applicable standards. Zn response to the report, the City Council directed staff to investigate (1) methods of further reducing the number of homes relying on septic systems by encouraging connection to the public sewer system and (2) methods of identifying privately owned sewer lines that could be leaking untreated sewage into local groundwater. Staff presented an interim report on December 5, 2001 and was. directed to obtain more information regarding the costs associated with the two programs discussed. This information is presented below. Below Grade Septic S stems The City Code requires.properties served by septic systems and for which public sewer service is "available" to connect to the public sewer system pursuant to a schedule and certain conditions set forth in the code. The City has interpreted the word "available" to mean, among other things, that the residence in question lies above the grade of the. sewer system so that the sewage can flow from the residence to the sewer system by gravity. This interpretation has been applied only to existing residences. New homes constructed below the grade of the public sewer system generally are required to install pump systems. The connection requirement was interpreted to exempt below grade homes served by septic systems because it was believed that cost of installing the storage tank, pump system, and piping necessary to convert from septic to sewer service would be prohibitively expensive. New information indicates, however, that the costs of conversion, while substantial, do not differ markedly from the costs of converting above grade systems. This is because a smaller diameter pipe can be installed at a lower cost than the installation of a larger diameter gravity pipe. ,f The estimated costs associated with installing a below grade connection are described on the attached table. They indicate that for a home 100 feet from the sewer system the likely cost would be in the range of $8,700 to $17,000 depending on the size of the holding tank installed (ranging from three to fourteen days of storage) and the distance to the sewer main. The comparable cost for an above grade conversion would be $4,000 and $20,000 (based on $40.00 per ln. ft. for gravity pipe). The sewer connection fee for the West Valley Sanitation District and for the Cupertino Sanitary District is the same for both above and below grade systems. Because the City has historically interpreted the City Code to exempt below grade systems from the septic conversion requirements, staff recommends that the City amend the ordinance to state that a public sewer system shall not be considered "unavailable" if it is above the grade of the residence. This will ensure that there is no ambiguity on the matter and will ensure that there is a full opportunity for public review and comment through the public hearing process. The City's records indicate that there are 19 homes maintaining a septic system with a "below-grade" exemption. A draft ordinance prepared by the City Attorney's office is attached. Tf the City Council wishes to consider adopting the ordinance staff will issue a notice for public hearing and place the matter on the next available agenda. l..J 2 ,~ Sewer Lateral Inspection Program At its December 12, 2001 meeting the City Council also received information on a proposed sewer lateral inspection program. The program would allow the City to identify sewer laterals that are in poor repair and that could be leaking sewage into the groundwater and from the groundwater into the City's creeks. The City Council had a number of questions at that meefing concerning the costs of implementing such a program. Staff has received conflicting reports thus far concerning the costs and mechanisms for implementing an inspection program and is continuing to investigate-how such a program could operate in Saratoga. Staff will bring this information to the Council after it completes its investigation. FISCAL IMPACTS: Additional costs of ensuring compliance of homes with septic systems below the grade of the public sewer system. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City would continue to exempt existing below-grade homes from the septic conversion requirement. ATTACHMENTS: 1. Cost Estimates for Residential Sewage Pump Systems 2. Draft Ordinance L~ Estimate for Residential Installation of Sewage Pump. Station Using the E/ONE AMGP System Typical Residence: Flow: 5 Persons @70 GaUday = 350 GaUday discharge. Stora a (da s) Size allons 3 1100 7 2500 14 5000 Construction/Installation Costs: Storage Tank: Excavation Cost: Approx. $7.35 cu. yd. Tank size al Tank Cost Deliver cost Install Cost Total 1100 600 500 1000 2100 1250 1000 1000 2000 4000 5000 4000 1000 3000 8000 Pump/Grinder: E/ONE AMGP item cost: $4000.00 Installation/wiring cost: $2000:00 Total Pump Cost: $6000.00 Lateral Costs: Trenching & Install: 6.00/ In. ft. @500 ft. _ $3000.00 TOTAL COSTS: Tank Size allons Tank Cost + Pump Cost TOTAL COST 100' lateral TOTAL COST (250' lateral TOTAL COST (500' lateral 1100 $2,100.00 $6,000.00 $8,700.00 $9,600.00 $11,100.00 2500 $4,000.00 $6,000.00 $10,600.00 $11,500.00 $13,000.00 5000 $8,000.00 $6,000.00 $14,600.00 $15,500.00 $17,000.00 J ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONNECTIONS TO PUBLIC SANITARY SEWER THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. Despite the progress made by the City of Sazatoga's ongoing water quality protection programs, fecal colifonn levels in Saratoga Creek and other waterways exceed national standards for the protection of human health and the environment. Even where waterways appear clear, tests have recorded fecal colifonn levels that pose a threat to human health. The risk to human health is heightened by the fact that people--especially children--maybe attracted to unsafe water by its clean appearance. B. Reviews of local conditions and technical literature indicate that a probable source of contamination is subterranean flows from septic systems. C. The City Council has recently amended the Saratoga City Code to address contamination caused by septic systems. As amended, the Saratoga City Code requires persons owning property within the City to connect to a public. sewer if such a sewer is available within 200 feet of the property. However, the Saratoga City Code does not clarify whether a public sewer within 200 feet of a property is "available" if the property is below grade, i.e., where any connection to a public sewer within 200 feet of the property would be required to carry sewage uphill. The City has concluded that a variety of factors now make it feasible to connect below-grade properties to public sewers. D. In order to clarify that the public sewer connection requirements of the Sazatoga City Code apply to below-grade properties, sections 2.1 and 2.2 of this ordinance amend the Saratoga City Code to clarify that a public sewer within 200 feet of a property shall not be considered unavailable solely because the property is below grade. Section 2 Amendments to the Saratoga City Code. The Saratoga City Code is amended as set forth below. Text inserted by this ordinance is indicated in bold, double-underlined font xam 1 ;text deleted by this ordinance is indicated in strikeout font (etgle). Text in standard font is unchanged by this ordinance. Section 2.1. Amendment to Requirement of Connection to Public Sanitary Sewer or Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property. Section 7-10.070 of the Saratoga City Code is hereby amended as follows: Ordinance No. 7-10.070 Section Bll-13.2 is added concerning inspection of private on-site sewage disposal system upon sale of property. Section B11-13.2 is added to the Code of the County of Santa Clara, to read as follows: Section B 11-13.2. Connection to Public Sanitary Sewer or Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property (a) No person shall transfer or convey more than fifty percent of the ownership interest in any real property, residence, place of business, or other building, located within two hundred (200) feet of an available approved public sanitary sewer, and upon which a private on-site sewage disposal system exists, without - first providing for connection to the approved public sanitary sewer to the satisfaction of the Health Officer, as a condition to close of escrow or transfer of ownership of the subject property. n anoroved public sanitarv sewer shall n be found to be unavailable solely because the public sanitarv sewer or any i~her elevation than the real urouerty, residence. place of business or other building to be transferred or conveved. (b) No person shall sell, transfer, or convey more than fifty percent of the ownership interest in any real property, residence, place of business, or other building located in excess of two hundred (200) feet of an available approved public sanitary, upon which a private on-site sewage disposal system exists, without first obtaining an inspection of the sewage disposal system and written report summarizing the results of the inspection. n anoroved public sanitarv w h 11 a found to be unavailable solely because the public sanitarv ewer or any portion of the connection to the public sanitarv sewer is or w 1 be at a hieher elevation than the real property: residence, place o business or other buildine to be transferred or conveved. (1) The inspection shall be made for the purpose of determining, and the report of the inspector shall state, whether the private on-site sewage disposal system is operating in compliance with this Code. (2) The inspection shall be conducted by a registered civil engineer or a registered environmental health specialist, or any other individual who is determined by the Health Officer to be qualified to perform such inspection. (3) The report of the inspection shall be submitted to the Health Officer as a condition to close of escrow or transfer of ownership of the subject property. 2 Ordinance No. Section 2.2. Amendment to Requirement of Connection to -Public Sanitary Sewer. Section 7-10.080 of the Saratoga City Code is hereby amended as follows: 7-10.080 Section Bll-13.3 is added concerning requirement of connection to public sewer. Section B11-13.3 is added to the Code of the County of Santa Clara, to read as follows: Section B11-13.3. When Connection to Public Sanitary Sewer is Required. (a) The Health Officer shall order by notice in writing any person owning or occupying property within the boundaries of the City from or upon which any sewage whatsoever is generated, which premises are not connected to an existing approved public sanitary sewer facility available within two hundred (200) feet of the boundary line of such property, to connect thereto or vacate or cause to be vacated such premises within a specified period of time, not to exceed 180 days. The notice shall also provide that, if the owner or occupant desires consideration by the Health Officer of an extension of time to connect to the public sewer facility, the owner or occupant shall submit a written report summarizing the results of an inspection of the private system to the Health Officer. The inspection shall be for the purpose and conducted in the manner set forth in Section B11- 13.2(b)(1)and (2) of the Code of the County of Santa Clara, as added by Section 7-10.070. Failure to submit the inspection report and request for extension or to cause connection to the approved public sanitary sewer facility, within forty-five days of the date of notice, shall result in the City recording a Notice of Non- compliance against the property. n approved public sanitarv sewer shall no f to be unavailable solely because the public sanitarv sewer or any portion of the connection to the public sanitarv sewer is or would be at hi h r evation than the real property, or any portion thereof, from whic ewave is venerated (b) The Health Officer, after receiving evidence from the owner or occupant, may declare and determine that the continued use of an existing on-site sewage disposal system is and could reasonably be expected to remain adequate for treatment and disposal of sewage for a period of time not to exceed five (5) years, without constituting a public nuisance by reason of the soil conditions, damage conditions, the degree of urban development in the area and the type and condition of the particular sewage disposal system in question. Ordinance No. (c) As a condition to the determination made under section (b), the owners of the property with reference to which such determination has been made, shall execute in writing in a form acceptable for recordation a covenant to: (1) Cause connection to be made to the existing public sewer facilities within the time period determined by the Health Officer pursuant to section (b), not to exceed five (5) years from the date of such determination, or upon demand of the Health Officer, whichever date comes first, based upon a determination that one or more of the conditions recited in section (b) above have changed so that such existing sewage treatment and disposal constitutes a public nuisance. (2) Notify any purchaser or transferee for consideration of any rights in and to such property of the existence of such a covenant and the performance or nonperformance thereof prior to such purchase or transfer. (d) The five year maximum time period set forth in section (b) maybe extended by the City Council only upon a determination of financial hazdship. Section 3. Severance Clause. Each section, sub-section, paragraph, sub-pazagraph, sentence, clause and phrase of this ordinance is severable and independent of every other. section, sub-section, pazagraph, 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. The City Clerk shall cause this ordinance or a summary thereof to 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 Sazatoga held on the day of , 2002, and was adopted by the following vote following a second reading on the day of , 2002: AYES: NOES: ABSENT: 4 Ordinance No. • ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY MAYOR, CITY OF SARATOGA, CALIFORNIA Ordinance No. I C~ SARATOGA CITY COUNCIL MEETING DATE: April 17, 2002 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~--~G n~ ~ »' DEPT HEAD: *2-cl/ PREPARED BY SUBJECT: Union Pacific Railroad Trail Update RECOMMENDED ACTION(S): Accept report and provide direction to staff. REPORT SUMMARY: Union Pacific Railroad has an easement running through the cities of Cupertino; Saratoga, Los Gatos and Campbell. The desire to develop this easement began when groups of West Valley pedestrians, equestrians and bicyclists realized the potential value of this corridor for amulti-use trail. The proposed trail segment length is 8.7 miles, with Sazatoga's portion being 3.7 miles. Development of the trail would offer recreational and commuting opportunities for Saratoga residents, and will serve as an important linkage to other significant trail venues in the area, such as the Stevens Creek Trail and Rancho San Antonio County Park trails to the North, and Los Gatos Creek Trail and Vasona Lake County Park trails to the South. The proposed trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan, is a proposed bicycle corridor in the Santa Claza County Congestion Management Program and could be included as part of the Juan Bautista De Anza National Historic Trail, a Millennium Trail, once completed. At their regular meeting on March 21, 2000, City Council passed Resolution 00-016 in support of the creation of the Union Pacific Railroad Trail Ad Hoc Task Force to study and recommend a plan for developing the proposed trail. The task force held monthly meetings for approximately one yeaz, with the City of Cupertino being the lead agency, and developed a Memorandum of Understanding, which was executed by each City, along with a Request for Proposal (R.F.P.) for the Feasibility Study of the Union Pacific Railroad Trail. - The feasibility study was completed by Alta Transportation Consulting October, 2001, and the recommended action of the task force was to defer construction of the proposed trail until Union Pacific Rail Road Company ceases operations along the line. The primary reason for this recommendation was Union Pacific Rail Road Company's (U.P.R.R.) unwillingness to discuss land acquisition along their line due to potential liability. A special joint meeting was held on October 4, 2001 with the.Cupertino Bicycle And Pedestrian. . Advisory Committee (B.P.A.C.) and the Union Pacific Rail Road Task Force to discuss and review the findings of the Feasibility Study by Alta Transportation. Given the position of Union Pacific, the B.P.A.C. and Union Pacific Rail Road Trail Task Force agreed to the following: • The task force should conduct an annual review to discuss options and provide updates on the status of the trail. • Efforts should be made by each jurisdiction to seek ways to procure land along the trail alignrnent that do not involve the railroad company (for example, PG&E or water district property). • Recommend each jurisdiction designate their portion of the railroad corridor land as "open space" to prevent commercial or residential development of the land when the line is abandoned. This past January, the Cupertino B.P.A.C., at their regular meeting, discussed the U.P.R.R. trail and reiterated the above stated reccmmended, actions. At this meeting, the B.P.A.C. expressed a desire to have the U.P.R.R. Task Force hold a meeting to receive updates from the various jurisdictions. A U.P.R.R. Task Force meeting was held on Apri14, 2002 to receive updates and feedback from task. force members. The following updates were received: • Staff from the VTA indicated tier 1 funding earmarked for the U.P.R.R. project will probably be reallocated to other projects, which are more likely to be completed within the next 8 years. VTA staff did indicate if Saratoga was able to secure an agreement with PG&E for usage of their easement for implementation of the trail, tier 1 funding maybe available to offset incurred costs this agreement. • The City of Cupertino is going to update their General Plan to designate the railroad corridor as "open space". The Town of Los Gatos also expressed an interest in pursuing this course of action. • Staff from the California PUC shared information they gathered via conversations with U.P.R.R. indicating operations along the line may double, extending the length of time the line will be operational by an additional 10-20 years. • Ross and Associates attorney Brenda Ross, who specializes in negotiations for land acquisition for trails, stated the description of the U.P.R.R. deed is significant in terms of what type of compensation can be requested by the railroad and in terms of what type of operations are permitted. It was suggested each jurisdiction ask to reserve the comdor and get a first right of refusal from the Omaha, Nebraska office of U.P.R.R. for this purpose...In determining value of land, it was suggested having an M.I.A. Appraiser do a valuation of the land. • Staff from Rails to Trails Conservancy suggested forming a "Friend of the Union Pacific Rail Road Trail" group to increase and maintain interest in the trail via a grass roots advocacy campaign. • Establish and maintain an active Email /mail listing to keep all task force members updated. • Continue to pursue options for land acquisition along the trail corridor (PG & E, Water District, etc.) 2 of 4 Each jurisdiction should designate the U.P.R.R. Trail (ands as open space during General Plan Updates. The next scheduled meeting of the U.P.R.R. Task Force is Apri12003. During the next several months, the "Friends of the Union Pacific Rail Road Trail" will be formed and begin holding meetings and organizing events. A final report from the U.P.R.R. Task Force should be presented to the City of Cupertino Council (the lead agency) sometime during the summer of 2002. The task force encourages comments from the Councils of all the jurisdictions prior to completion of the final report. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1) U.P.R.R. Trail Task Force Meeting Agenda for Apri14, 2002. 3 of4 CC~- CITY Of CUPERTINO ATTACHMENT s k City Hall ' 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408)777-3354 FAX: (408) 777-3333 UPRR Trail Task Force Meeting . 4 pm April 4, 2002 Agenda Introductions Distribution of Feasibility Study Report Status of project with: • Cupertino • Saratoga • Campbell • Los Gatos VTA • County Parks Rails to Trails Conservancy Formation of "Friends" group Establishment of maiUemail list :4djoum-next meeting scheduled for April 2003 Pnnfed on Recycled Paper ~...J .. , CITY OF ~ CUPE TINO ~. ~ty~ 10300 Tom Avenue CuPeitiao, CA 950143255 (4081777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT SIIl11IIlaT3' AGENDA ITEM SUBJECT AND ISSUE AGENDA DATE March-4..2001 Union Pacific Railroad Trail Corridor -Report of action by the Bicycle Pedestrian Advisory Committee (BPAC) on the Trail Feasibility Study (Council Referral to BPAC of October 15, 2001) BACKGROUND The Union Pacific Railroad (IJPRR) Trail corridor is located along a segment of the UPRR Vasona Branch extending firom the Los Gatos Creek Trail near Winchester Boulevard and Highway 85 in the Town of Los Gatos to Rancho San Antonio Park near Foothill Boulevard and Interstate 280 in the City of Cupertino. Portions ofthe trail also pass through the Cities of Saratoga and Campbell (see attachment `1'). On March 5, 2001, the Council approved a Memorandum of Understanding between the Cities of Campbell and Saratoga, the Town of Los Gatos, the County of Santa Clara, and the Valley Transportation Authority. (VTA). This MOU assigned Cupertino as the lead agency for the development of a feasibility study on the proposed UPRR Trail project. Also on March 5, 2001 the Council approved an agreement with ALTA Transportation Consulting to conduct the feasibility study for the proposed project. On October 15, 2001 the Council considered a report from staff and the Bicycle Pedestrian Advisory Committee on the Final Report of the Feasibility Study completed by ALTA The consultants, working with staff and a UPRR Task Force composed of representatives of all six parties to the MOU pursued the project with the following general objectives and tasks: • Document existing conditions and research background on project history and related items, including the expected future UPRR trail users and their needs. Printed on RecydsdPaper • Identify constraints to the trail implementation including construction challenges as well as engineering solutions and other relevant information. • Develop alternative alignments and design solutions where constraints may not be overcome and develop appropriate design standards to facilitate the design process. _ Provide an analysis of the feasibility of implementing the Trail Proposal including issues related to cost and sources of funding, liability, safety, legal agreements, maintenance, cooperative agreements with UP, other necessary agreements, permitting and other items. The consultants had completed all phases of the feasibility study, and a report was presented to the Bicycle Pedestrian Advisory Committee at a special joint meeting with the UPRR Task Force on October 4, 2001. A summary of that reports is as follows Trail Alternatives. Desiens and Development Alta Transportation Consulting has developed several alternatives for the design and development of the trail, One of the largest challenges is the continuity of the trail through narrow or restricted crossings. The design solutions provided by Alta present some choices for the Cities in the implementation of the trails. These include existing grade separated crossings at two roadways (Saratoga Avenue, Pollazd Road), and eight creek waterways crossings (Regnart, Calabazas, Rodeo, Saratoga, Wildcat, San Tomas Aquino, Smith and E. Smith Creeks). There are also a number of at-grade crossings on city streets, both protected and u~rotected. Alta has developed design alternatives to each of these locations and has provided a cost estimate for these facilities and the mainline trail development. Alta has also provided a series of design standards for pavement, fencing, and other installations fora "Rail with Trail" project As there are no adopted standards for these types of facilities, Alta suggests that these design pmposals represent a "best practices" set of criteria for implementation rather thaw actual design standards. These are detailed. is the consultants report. Alta has estimated that up to 300 persons per day (cyclists and pedestrians) may now be using the UPRR right-of-way (ROW) primarily for recreational wallring or cycling. Any current use of this UPRR ROW is, of course, trespassing on the raihroads property. This trespassing has largely gone utmoticed or at least ua-enforced by the UPRR If the trail, as proposed, were to be completed, Alta estimates that upwards of 500-1000 persons per day would use the trail for recreation and for commuting, primarily by bicycle. _.. Staff reviewed the study report and advised the Council that the solutions proposed for the trail implementation, from as engineering and construction perspective is workable and, with some adjushnents represent practical and constructible approaches. Desien and Construction Cost - The corisuttant developed a cost estimate for trail implementation based -on their recommended designs that totals approximately $8.5 Million. Staff has reviewed the cost - and believes it to be low. In summary-the design and construction management costs, should be increased to $2.0 Million (25% of construction) and a 3-year escalation factor or approximately $1.25 Million at the time of construction, should also be added. In summary Staff reported to the Council, with the consultant's concurrence, that the appropriate budget number should be approximately $11.5 Million. It was also noted to the Council that there are no land or easement acquisition costs included in any of these figures. UPRR Aereements and band Acquisition During the Council discussion on October 15, 2001, staff emphasized that The UPRR owns all of the right-of--way and/or property required for the trail in the City of Cupertino and the majority of the rights-of--way in the other jurisdictions. It was also noted that similar acquisitions for RR rights-of--way (ROW) or easements within an operating rail branch suggest that acquisition costs for the UPRR corridor could be very high. That factor is a major unknown in this project It was also discussed with the Council that the other unlwown is the Railroad itself. UPRR has stated that, as a mattct of policy, they do not want pedestrians or cyclists within an operating railroad ROW. However, the UPRR cumntly has several trails within its right-of--way which were passed on to UP when it acquired these "rails with trails" from the Southern Pacific (SP). Council noted and staff agree;> that there is some uncertainty over whether this position is intractable or simply a starting point for any negotiations to acquire an easement or title to the railroad right-of--way. Summary Given all these facts and the analysis developed for the project, staff and the consultant have concluded that: 1. The UPRR Trail as proposed can be adequately designed and constructed over its entire length, but would more expensive to build than 5rst believed; and, s 2. That, once the UPRR liability issues are resolved, trail development would require acquisition of the right-of--way, either as as easement or fee title, from UPRR and this wind take a long time and a lot of money. Staff and the BPAC therefore t+ewmmended that the Council, while retaining the study and the wncept as a worthy future goal, drop the project from the 5-year CIP and divert the activities and resources that currently support it to other priority projects. The BPAC also requested that the Council approve an affiual review of the project by BPAC in the context of the report to evaluate any new opportunities, which might arise for its implementation. The Council approved those rewmmeadations. The City Manager has indicated that the annual monitoring of the project would assigned to the Parks and Recreation Department as a programmatic responsibility for the trail. Also at the October 15, 2001 Council meeting, BPAC member Joe Walton presented the Council with some additional rewmmendations, which are in the attached document submitted by Mr. Walton to the Council at that time. Since these recommendations were not consistent with nor approved by the BPAC action the Council directed that staff review the proposals with the BPAC and report back to the Council in the spring with final recommendations before referring the report to the other MOU partner agencies. BPAC Meetin¢ of January 17.2002 -Report from BPAC Member Joe Walton Staff and the BPAC at its January 17, 2002 meeting discussed the Council referral of Mr. Walton's recommendations. Consistent with the Councils earlier action as noted above, BPAC did not support any further City staff effort to continue as lead agency for a project that is clearly regional in nature and is at a point where it is beyond the City's current capacity to manage. In the same wntext, on Staffs recommendation, BPAC took no action on any rewmmendation for an effort liy the City to initiate discussions with PG&E and the Water District to develop portions of the trail (mostly in other cities) within their right-of--way. Additionally, since that report was presented to Council Mr. Walton has also acknowledged that the two other items, i.e. further effort on additional studies and discussions with the railroad along with the budgeting of any foods in support of that effort, would not be appropriate at this time. However, staff and the BPAC recommend to the Council that the City incorporate into the General Plan Update a component that would note that the trail area should be reserved for future development as recreational and open•space and urge the other cities to do the same. The General Plan now identifies the UPRR alignment as a future trail.. LJ Regarding recommendations 5 and 6 in Mr. Walton's paper, staff has no recommendation regarding the formation of a "Friends" group to continue the advocacy of the trail - --_ development nor the renaming of the trail to the "Permanente Rail Trail". If such a group is formed it should be supported by a regional agency such as VTA. BPAC Action ht summary, the BPAC met at its regular meeting of January 17 and acted to: 1. Recommend the inclusion of the UPRR Trail as a future Open Space and Trail in the General Plan update; and, 2. Conduct an annual review update of the project at a BPAC meeting in the spring bf each year, and, 3. Have BPAC Members encourage a group of "UPRR Trail Friends" and/or an ad hoc UPRR Trail task force among the four cities on the trail alignment to maintain ownership of the project in the future. Lastly, Staff and BPAC would continue to support recommending that the Council refer this revised report with its rxommendations along with the final Feasibility Study to the other partners in the MOU (Cities of Saratoga, Campbell, Town of Los Gatos, VTA, County of Santa Clara) for their consideration and comment prior to taking final action. Staff would expect that following review by the other partners, the Council could consider a final report and recommendation in June 2002. STAFT' RECOMMENDATION It is recommended that the City Council support designating the UPRR Trail as future open space to the General Play Update and accept the UPRR Trail Feasibility Study Report and refer the report and recommendations to the MOU partners for consideration, review and comment by the City Councils of Campbell and Saratoga, the Town Council of-Los Gatos, the. VTA Board and the Santa Clara County Board of Supervisors with a report back to Council for final action in the summer of 2002. Submitted by: Ralph A. Qualls, Jr. Director of Public Works -fherE~e Ambrosi Smith Director of Parks and Recreation Approved for submission: GLY.~ David W. Knapp City Manager • C 0 m O m V ~ ~ ~ '~ ~z q m S ° J CV _ I .°~ ~ ~ ~ ~ ~ ~ o L .. . ~~ a ' ~,.' ~ ~~ ~ v ~ ~ 'i ~~'Q a ~ ~~ C ~ m G m Q C N W ~ C C ~p7 b ~C ry m W m i m m m 4 ~ O n ~ ~` . ~o d Y C ~ ~ m d+a as ~ u Y m LL O O.r t.~.. m. Y17 m U _ y~W c~ c e o U UP Trail Task Force Meeting 4 April 2002 Ian Moore Alta Transportation Kevin Boles Califonia PUC Betty Olsen Campbell BAC Kelly Gibson County Parks staff Anne Ng Cupertino BPAC David Greenstein Cupertino BPAC Richard Lowenthal Cupertino Council Diane Arrants Cupertino staff Therese Smith Cupertino staff Ralph Qualls Cupertino staff Joe Adamo DeAnza Lancers Tom Frankum Friends of Stvns Crk Tr Brenda Ross lawyer Tim Boyer Los Gatos staff Gladwyn d'Souza Los Gatos TRBC Amanda Eaken Rails-to-Trails Jean Amaral Rails-to-Trails Marj Ottenberg Saratoga resident Cary Bloomquist Saratoga staff Jim Stallman Stga BPAC, Altrans Logan Deimler Stga P&R Comm Ken Hodor Sunnyvale resident David Simons VTA BPAC Celia Chung VTA staff Attendance ismoore@altaplanning.com kcb@cpuc.ca.gov' bettybikes@aol.com kelly.gibson@mail.prk.co.scl.ca.us anneng@aol.com david@greenstein.com - . richard@lowenthal.com dianea@cupertino.org thereses@cupertino.org ralphq@cupertino.org ffrankum@aol.com acquires@aoi.com tboyer@town.los-gatos.ca. us godsouza@yahoo.com aeaken@transact.org jam aral @tran sact.org cbloomquist@saratoga.ca. us j.stallman@attbi.com logan@wyrmwood.com kenhodor@yahoo.com davidsimons@pacbell.net celia.chung@vta.org 408-243-5182 408-749-8227 408-257-6506 408-252-6065 650-964-1270 650-329-1869 408-399-5777 415-397-2220 408-867-4576 408-868-1258 408-867-9797 408-741-5688 408-749-8227 408-321-5716 SARATOGA CI1Y COUNCIL MEETING DATE: Apri117, 2002 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGER: ~/G~--- ~. DEPT HEAD: ` ~'~ SUBJECT: AWARD OF CONTRACT TO ABATE A PUBLIC NUSANCE AT 12623 QUITO ROAD RECOMMENDED ACTION(S): Adopt the attached Resolution amending the 2001/02 Saratoga Municipal Budget in the amount of $73,900 from unallocated reserves; award the bid to Stevens Creek Quarry Construction in the amount of $73,900 and authorize the City Manager to sign the contract on behalf of the Ciry of Saratoga upon the City receiving access to the property from the Santa Clara County Superior Court. REPORT SUMMARY: A hearing before a Superior Court judge will be scheduled to consider our request for a warrant to enter the premises and abate the nuisance. The Court will not determine the propriety of the warrant until after the Council chooses a contractor to perform the abatement. The City Council's actions, however, will allow us to proceed immediately once, and if, the Court grants us permission to proceed with abatement. By reviewing the bids and conditionally awarding contract at this time the City will be able to expedite the remediation of the nuisance. Government Code Section 38773.1 allows the City to set up a procedure for recovery of abatement costs. Saratoga Ciry Code Section 3-15.120 sets forth the specific procedural steps that the Ciry must take in order to be able to recover abatement costs. The City Manager is to keep an accurate accounting of the abatement costs, which include investigative, administrative, direct abatement costs and other reasonably related costs. Following completion of the abatement, the City Manager must prepare a final itemized written report. This report is to be presented to the City Council at a regularly scheduled meeting for confirmation. At least 10 days prior to date of the City Council meeting, a copy of the City Manager's report and written notice of the date on which the report and confirmation will be considered, must be mailed to Michael Costa, the owner of the property and the person against whom the nuisance abatement proceedings commenced. The notice must specify that the City intends to impose costs as a hen against the parcel and/or a special assessment against the parcel and that such parcel may be sold by the tax collector after three yeas for any unpaid assessment. At the hearing, the City Council must hear any objections of the owners of the property that are to be assessed. The Council is permitted to modify the City Manager's report "if ~it deems appropriate" The City Council must confirm the report as submitted or modified by Resolution. A total of five bids were received to accomplish the remediation of the site at 12623 Quito Road. The table below summarizes the bids received. Stevens Creek Qua Construction $73,900 C. F. Archibald Pavin ,Inc. $74,000 Klassen Tractor, Inc. $64,980 120 da s to com lete Klassen Tractor, Inc. $87,280 Com lete within 15 da s Duran ~ Venables, Inc. $97,500 Silicon Valle Builders $132,012 `Prior to submittal, Klassen Tractor, Inc. discussed the 120•day option with City Staff and was advised [hat the Ciry desired to expedite the projec[ and that a 120 day cons ruction period would be too long. IClassen Tractor, Inc. submitted two bids. The bids are $22,300 different due to the timing. If the work is allowed to take 120-days, they will not have to purchase fill dirt. If they must purchase fill dirt they can have the work completed in 15-days. Klassen was the only contractor who offered an alternative bid based of timing of the work. As they were advised that a 120-day construction period would be too long, Staff suggests that the 120-day bid be rejected. The City specified in the bid document that work must commence within 30-days of Notice to Proceed. If the City Council concurs that the 120-day construction period is too long and that the bid be rejected, Stevens Creek Quarry Construction is the apparent low bidder. The bid request included the following items: • Demolition of the stilt (steel columns) supported building. • Demolition of approximately 90 linear feet of exposed reinforced 12" CMU basement walls approximately 9 feet tall. • Demolition of approximately 60 linear feet of a steel I-beam and wood lagging retaining wall being used as shoring to protect adjacent property. • Removal of all construction and demolition debris from the site. • Import compactible dirt to fill the excavated area and compact dirt to a minimum of 90%. The excavated area is approximately 2,700 cubic yards in volume. • Install chain link fencing The potential bidders were also informed that they would have to submit a safety plan detailing how they would protect contiguous properties and streets. 2of3 FISCAL IMPACTS: If the Cry Council awards the contract to Stevens Creek Quarry Construction the direct fiscal impacts will be $73,900. There will also be legal fees and indirect project supervision costs. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The public nuisance will continue to be uncorrected. ALTERNATIVE ACTION(S): 1. Award the contract to a different bidder 2. Wait to award the contract until after the Court has taken action to grant the City access to the property. 3. Abandon the abatement process FOLLOW UP ACTION(S): Monitor the Court action and award the contract as soon as permitted. ADVERTISING, NOTICING AND PUBLIC CONTACT: Not required ATTACHMENTS: I. Bid Submittals 3of3 ATTACHMENT 1 April 4, 2002 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 - Re: 12363 Quito Road Attention: Brad Lind SCQ Construction, Inc., a division of Stevens Creek Quarry, Inc. is pleased to submit this bid proposal for the demolition and rough grading for 12363 Quito Road. This bid is based on the information provided in a letter from you faxed March 28, 2002. Bid Price - $73,900.00 Inclusions: 1) Demolition of the stilt (steel columns) supported building. 2) Demolition of approximately 90 linear feet of exposed 12° CMU basement walls 9' tall. 3) .Demolition of 60 linear feet of steel I beam and wood lagging retaining wall 4) Removal of all construction and demolition debris from site. 5) Import compactable dirt to fill the excavated area, compact to 90%, up to 2,700 CY. 6) Provide compaction testing. 7) Install chain link fence on three sides of the property (approximately 250 linear feet). 8) Safety plan to protect adjoining properties during demolition. 9) Traffic control and dust control for SCQ work only. Specific Exclusions: 1. Engineering, bond premiums, fees, permits, and tests. 2. Removal, modification, or relocation of existing utilities. 3. Erosion control, hydro-seeding, or winter maintenance. 4. Clearing. 5. Handling or removal of saturated, over optimum native materials. 6. Removing of erosion control measures. 7. All utility work. 8. All offsite work. 9. Striping, signage, joint trench, and electrical work. 10. Any work not specifically included is excluded. SCQ Standard Conditions: 1. One initial move-in with continuous operations for that and all additional contract move-ins. 2. Any phasing of work by others which delay SCQ work, reduce production or cause additional move-ins will result in the assessment of additional costs for standby of equipment and labor. 3. Any work requested by the Owner/Client to be performed in inGement weather, or with over- optimum moisture conditions in the materials will be billed on a Time and Material basis. 4. Removal and disposal of unknown unsuRable soils, to be placed with fill in areas that are not indicated on the plans will be pertortned at additional cost to be determined at time of discovery. ~' t ~ SCQ Construction -__® A Division of Stevens Creek Quarry, Inc. 12100 Stevens Canyon Road • Cupertino, CA 95014 (408) 253-2512 • FAX (408) 257-4614 • Contractor's License No. 155174 5. Processing and removal of any material not suitable as fill to be pertormed on a T&Kh basis. 6. Processing or removal of contaminated or hazardous materials not included in bid. 7. This proposal is based on a 40-hour workweek. 8. There will be no repairs by others to SCQ work at our expense without prior approval by SCQ Construction to accept the back charge. 9. Water to be available at an onsite location suitable for a water tower with truck access. 10. Payment to be made within 30 days after receipt of progress payment irnoice. 11. Retention to be released no later than 90 days after satisfactory completion of work. Thank you for the opportunity to bid this project. SCQ is available to begin this project immediately. Please call if you have any questions. Sincerely, n ~~ ~~ Jeffre W. Wells - Division Manager Construction APA. 05. 2002 (FAI) 08:58 CF-AACHI BALD-PAVING 6503668777 PACE.1 ~ST.1 t#45 VO DATE: ~~ Quotation tl: z67orr ~; Reskield ass: 12353 Quito Road State ZIP: Sarataga,C.a 95070 C.F.Arcbibald 1867 -1878 w,i. Archibald PfBBiaent C,F.Archibald - vlca WI'esWent P.d Box 97.3624 Naven Avenue aedwaod Gty • Caltrornla •94084-003T e; Cfty of Saratoga B~; 13777 Frultvale Ave Stele 21P: Saratoga, G9 851170 ,~Of'QSA~. b~1'Ri4CT Pumish alt labor, materials, fonts and equipment„ transportation, permits and razes necessary to perform the followini work as per anciased attached plans and speaHlcatlans, 1 Provide sanitation services 1 Remove and off-haul existing structure. 1 Remove and off-haul existing retaining walls, shoring and debris on stte. 2,700 ay. Import, plane and compact 2,700 cubic yards fill material to bring basemeln to sidewalk elevation. 1 Provide soils engineer for compedion toots only, 1 ~ Provkle dust wntrol, 1 Provide demolition safety plan. 1 Install temporary tending urltii proposed work is Prepared by: Gurus Arohibsld I T07AL BID ~ S 74,OAO.Or ,1PAruaNrtoefiNADeAarat.Ltlw~ NeU30 ~ An ,he brm. wf amdpem eetfam an the rewree etd-dmn PropwM era CenMAe, en Inoorporsted henNn M nYerena ens has been ned end wide,eY.nd by the uetenkined. pW1YAL8 d) No1tOt! To oWtA1R -(9eeBOe7lHA~Ce116eebP lYeme 4w}, tAldetlM Msehenu's Let, Lew, enyeantrecmr, eubowenrobr, uluef, nwleruar,x,,> amer pefeen who helps m Impweyo,e p,apgW end U not paid fa hb Ubm, eeNoes of resMtlel, iwe dpmm eppwr, Negslm sOeMrt ytwr goparb. 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Contractor's Lic. # 353302 Office # (408) 433-5544 Fax # (408) 433-5840 April 4, 2002 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: Brad Lind, Building Official RE: 12363 Quito Rd., Saratoga Estimate for the abatement of a'public nuisance located at 12363 Quito Rd., Saratoga. FOR THE SUM OF $ 64,980.00 WE WILL PROVIDE THE FOLLOWING: SCOPE OF WORK: Item one (1): Demolish a portion of a building which is currently supported on steel columns approximately 22 feet above a basement excavation; demolish exposed CMU basement walls; demolish a steel/wood shoring retaining wall; remove debris from site, fill and compact the excavated area and construct a perimeter chain link fence around three sides of .the property. A more detailed scope of work follows: 1. Demolition of the stilt (steel columns) supported building. 2. Demolition of approximately 90 linear feet of exposed reinforced 12" CMU basement walls approximately 9 feet tall. 3. Demolition of approximately 60 linear feet of a steel I beam and wood lagging retaining wall being used as a shoring to protect adjacent property.* • * I beams to be torch cut at existing basement excavation grade. The buried portion at basement grade to be left in place and filled over. . 1 1041 Rock Avenue, San Jose, CA. 95131-1611 Y 4. Removal of all construction and demolition from the site. 5. Import compactable dirt to fill the excavated area and compact dirt to a minimum of 90%. The excavated area is approximately 2700 cubic yards in volume. 6. Provide compaction testing. 7. Install chain link fencing on three sides of the property (approximately 250 linear feet). • The cost estimated shall include a safety plan to protect adjoining properties during the demolition.. • Tt would be imperative that work commences within 30 days upon notification by the city of Saratoga. Work to be started within 30 days of notice to start and completed within 120 days. 2 Addition Alternatives: To complete the job within 15 days after the start date. ADD THE SUM OF .......................$ 22,300.00 CONTRACT EXCLUSIONS: 1. fees, bond, permits 2. removal or relocation of existing utilities. 1041 Rock Avenue, San Jose, CA.95131-1611 3 ~ GENERAL CONDITIONS: 1. The owner/developer shall provide at no cost to Klassen Tractor, Inc.: a. Fees, bonds or permits, as required by contractor/owner, city, county or governing agencies. b. Professional engineering, surveying, or layout. c. Soils testing and inspection services. 2. It is mutually acceptable to both parties that the conditions herein stipulated are not intended to cause additional expense to the owner or contractor. These are only items of clarification because your plans and specifications did not specifically set out that these would be required. Therefore, it can logically be assumed they will not be required of Klassen Tractor, Inc., and any changes to the plans and specifications shall be compensated for and mutually agreed on prior to starting work on such changes. -._.J 3. Klassen Tractor, Inc. will not accept any responsibility for excavations, placement or compaction of any dirt, fill material, rock or similarly used materials, by others, on this project. 4. The equipment operators will submit to the owners representative, a daily time sheet for hours worked and the type of equipment operated on any force account. S. If required by owner, Klassen Tractor will name owner and/or general-contractor as an additional insured using the current .Insurance Industry standard CG 2010 3/97 form. 6. Klassen Tractor will be responsible for damage to property or injury to persons caused by or arising out of our work, but only to the extent caused by our negligent acts or omissions. 7. Payments shall be made on 100% of the work completed: All accounts are due and payable on the 10th of the month following billing. A non-negotiable service charge of 1.5% per month (18% annual percentage rate) will be applied to all past due accounts. All reasonable legal fees to be paid by the ,defendant in any court action. 8. Prices on material and labor good thru 2002 only. 1041 Rock Avenue, San Jose, CA. 95131-1611 L W ACCEPTANCE of PROPOSAL: Acceptance of this proposal must be received by Rlassen Tractor within 15 days of the date hereof. If not received within the time specified, Klassen Tractor reserves the right to review and resubmit this proposal making any amendments necessary. -- - -- By: Date: q- - ~ - p~ By: California Contractor's License No. Name of Owner: By: _ Address: Name of Construction Lender: - By: Address: Date: - - Date: - - Date: - - 1041 Rock Avenue, San Jose, CA. 95131-1611 KLASSEN TRACTOR, INC. b4/Fd4/~IOI~a' 11:47 Ll. V d VCS ---~ 1NG. ~~ DURAN& VENABLES, INC. April 4, 2002 City of Saratoga 13777 Frudvak Avenue Saratoga, California 95070 A7TN: Howard Lewis, Senior. Project Engineer RE: 12363 Quito Road Saratoga, Califomia L~ 1 We are pleased to submit our Bid for grading on the alxwe mentia>eC project. ..J. sss}}sssssssssxxsxaxxsssssssxxxss#x#sstt#t}##ti#};sx}rrxtsxx:tx:s:xsssssstsasxsttt### Our Base Bid Includes the Folbwing: 1. Site demo of the existing house, steel & dtlxis. Note 1: All caxrete will be broken up and used as fill within the bottom 2' of Itle existing hole. Note 2: We will remove only the top 3' of the existing retaining wall. 2. Lnport, Place and compact approalmatey 2,700 arbic yards of soil. 3. Provide certification that he imported soil material was Installed at 90% compaction. 4. Install approximatey 250 Otear feet of 6' high than link fencing, Base BW: S 97,500.00 xtlttt#tttratetst###s#xxxtt}}}x}xxx}:s:x:xr:xsssatatttttt}###}#}xxxx::sx:s:sssttttttt Our Bare Bid EXdudes the Fogowing: 1. . Er~ge~eering, staking, layout; soils testing, and hazardous materials testing 2. Permits, fees and cast of famishing twnds 3. hlultlple move-ins and outs 4. All else not mentlonetl in irxkrdes xxssssstx#tt}tttM#t#;t#.t}xt#ixi}xsizsslssssxt####x;sxxsarx;zxxslsxttttxlY#:{#}}xssxxix We look forward to working with you on this project. If you have any questions, please do not hesitate to call. Slncerey, Duran J!c Venables, Inc. Mark J Petersen Chief Estimator L DURAN & VENABIES INCORPORATED Page 1 of 1 261 BOTNELO AVENUE • MILPITAS, CA G50.% (d05) 93d-730D • G4. UC. 375068 A .® SV L~Y F A i.k CanAMIInO Fmi~~.m•ry MK. CompMv nn Vaf tart ll[nnr. n0 /1/900 April i, 200? Mr, Rrad U. Lind Building Official City of Saratoga 13777 I ruitvalc Avenue _ Saratoga, Ca 95070 SuU,jcct:12623 Quito Road, Saratoga RF.: PROPOSAL llcar Mc Lind: Silicon Valley 13uildcrs, is plcaced to provide the following proposal for the above rcl'crcnccd project Scope of work: A) Remove existing elevated structure and steel column shoring Demo and remove cuncn:o; block walls and footing ' pcmo and remove tcmporarv shoring wall Subloial $37,780.00 Li ) * Impott din to fill excavated area and re-compact * Test compaction * Build earthwork back ws~h-evade , SuMotal $.¢G.S20.00 (') • Chuin link fence on three sides ul'pmperty Subtotal $3,9dU.0U U) * Supervision, Uvcrhrad and Profit Subtotal $7,472.00 TU'1'A L 5132,012.00 F,XCLU.SIUN: Pcn„ir fees, l lazarduus Material Removal, Utility Relocate, USA, and lJnlirroseen Condirions. Bcsj R Bards !~l 5ilicun Valley Railders I3Y SHAWN MASSIHPOUR, Rt:G C.C.U. 255 N. Market 5t.. Suite 22D, San Joso, CA 95110 ~ Tcl: d08/999~639 Fax: d08/999~38 emoil: aseinc@compuserve.com RESOLUTION N0.02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A BUDGET AMENDMENT OF $73,900 FOR EXECUTION OF CONTRACT BETWEEN THE CITY OF SARATOGA AND STEVENS CREEK QUARRY CONSTRUCTION WHEREAS, a heazing before a Superior Court Judge will be scheduled to consider the City's request for a warrant to enter the premises and abate the nuisance on the property located at 12623 Quito Road. WHEREAS, if the Court grants the City permission to proceed with abatement, the conditionally approved contract would allow the City to expedite the remediation of the nuisance; and WHEREAS, The City of Sazatoga received five bids to accomplish the remediation of the site located at 12623 Quito Road; and WHEREAS, Stevens Creek Quarry Construction submitted the lowest responsible bid in the amount of $73,900; and NOW, THEREFORE BE Tf RESOLVED, the adjustments below to the City of Sazatoga's Fiscal Year 2001-02 budget will be made using the following entries: Expenditures Revenues (Debit) (Credit) 250-4015-542-40-10 General Contract $73,900 250-000-330-10-00 Fund Balance Reserves $73,900 The above and foregoing resolution was passed and adopted at a regulaz meeting of the Saiatoga City Council held on the 17"' day of Apri12002 by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Nick Streit, Mayor Cathleen Boyer, City Clerk