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07-21-2010 City Council packet
AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JULY 21, 2010 CLOSED SESSION —5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 16, 2010) COMMUNICATIONS FROM THE PUBLIC Oral Communications on Non - Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications — Council Direction To Staff Direction to Staff regarding actions on current Oral Communications. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8): Property Described as APN #503 -78 -036 — Trail Easement Negotiating Parties: Agency negotiator: City Manager Dave Anderson and Public Works Director John Cherbone CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8): Property Described as APN #503 -48 -014 and #517 -32 -001 Agency Negotiator: City Manager Dave Anderson and Public Works Director John Cherbone. CONFERENCE WITH LEGAL COUNSEL — Threatened Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) CONFERENCE WITH LEGAL COUNSEL — Existing Litigation — Government Code Section 54956.9 (a)): (1 Case) 1 City of Saratoga v. Sumit Dutta and Jaya Dutta, (Santa Clara County Superior Court Case No. 1- 10- CV- 172734) ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102 - 35.104 ADA title II] Certificate of Posting of Agenda: 1, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on July 16, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www. saratoga. ca. us Signed this 16 day of July 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk 2 ROLL CALL AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL PLANNING COMMISSION WEDNESDAY, JULY 21, 2010 SPECIAL MEETING — 6:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 16, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non - Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. PUBLIC HEARINGS 1. Legislation concerning Commercial, Professional and Administrative Office, and Mixed Use projects including (1) proposed ballot measure to limit to two stories structures in all Commercial and Professional and Administrative Office Zoning Districts; (2) General Plan Amendment to limit density increases to the existing C- N(RHD) zoning district; and (3) Zoning Ordinance Amendments concerning mixed use projects, nonconforming uses, and related matters. Recommended action: It is recommended that the City Council and Planning Commission conduct a public hearing, close the public hearing, and consider the proposed legislation described above. It is further recommended that after considering public testimony and this staff report: 1. The Planning Commission recommend that the City Council place the proposed ballot measure to limit to two stories structures in all Commercial and Professional and Administrative Office Zoning Districts; and ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 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 11) 2. The City Council direct the Planning Commission to review and develop specific recommendations regarding (a) a General Plan Amendment to limit density increases to the existing C- N(RHD) zoning district; and (b) Zoning Ordinance Amendments concerning mixed use projects, nonconforming uses, and related matters. Certificate of Posting of Agenda: 1, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on July 16, 2010, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www. saratoga. ca. us Signed this 16 day of July at Saratoga, California. Ann Sullivan, CMC City Clerk Table of Contents Agenda 3 Appointment of One (1) Planning Commissioner and Oath of Office Staff Report 9 Oath of Office 12 Commendation Honoring Dave Anderson, City Manager staff report 13 Commendation 14 City Council Study Session Minutes -- 06 -24 -2010 Staff Report 15 06 -24 -2010 Minutes 16 City Council Meeting Minutes — July 7, 2010 Staff Report 30 Minutes 31 Review of Accounts Payable Check Registers Staff Report - AP 41 Check Register - 06/30/10 43 Check Register - 07/01/10 47 Check Register - 07/08/10 (P1) 49 Check Register - 07/08/10 (P13) 50 Resolution in Support of Congressional Action Regarding Property Assessed Clean Energy (PACE) Programs Staff Report 54 Attachment A: Resolution in Support of Congressional Acton Regarding PACE Programs 56 Attachment B: Draft Letter of Support for Congressional Action on PACE Programs 57 Attachment C: FHFA Statement on PACE Programs 59 Resolution Supporting Proposition 21 Staff Report 61 Attachment A: Resolution in support of Proposition 21, the California States Park Initiative 63 Attachment B: Proposition 21 local government fact sheet 64 Attachment C: Proposition 21 list of supporters 65 Resolution Amending Council Agency and Adhoc Committee Liaison Assignments Staff Report 71 Resolution 73 Trail Easement Relocation - 21789 Villa Oaks Trail Staff Report 75 Offer to Dedicate Trail Easement 77 Resolution 85 Vicinity Map 100 1 Confirmation of Report and Assessment of 2010 Weed /Brush Abatement Program Staff Report 101 Assessment Report 103 Resolution 104 Legal Ad 105 Proposed ballot measure to limit structures in all Commercial and Professional and Administrative Office Zoning Districts to two stories. CC Meeting Ballot Measure Staff Report 106 Reso Amending Election Reso 110 Ballot Measure Text 112 Budget Reso 117 Election Calendar 118 City of Saratoga's Response to the Santa Clara County's Civil Grand Jury Report on: Cities Must Rein in Unsustainable Employee Costs" Response to Grand Jury Report 120 Attachment A 122 Designation of Voting Delegate for League of California Cities Annual Conference 2010 Staff Report 130 Letter from LCC 132 LCC Voting Delegate Form 135 2 AGENDA r REGULAR MEETING SARATOGA CITY COUNCIL REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 16, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non - Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions WEDNESDAY, JULY 21, 2010 Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Appointment of One (1) Planning Commissioner and Oath of Office Recommended action: Adopt resolution appointing one new commissioner to the Planning Commission to fill the unexpired term of Manny Cappello and direct the City Clerk to administer Oath of Office to newly appointed commissioner. 2. Commendation Honoring Dave Anderson, City Manager Recommended action: Read and present commendation. 3 SPECIAL PRESENTATIONS Fifteen minute recess for coffee and cake reception in theater lobby in honor of City Manager Dave Anderson. 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. 3. City Council Study Session Minutes — June 24, 2010 Recommended action: Approve minutes. 4. City Council Meeting Minutes — July 7, 2010 Recommended action: Approve minutes. 5. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: June 30, 2010 July 01, 2010 (Period 12) July 08, 2010 (Period 13 & Period 1) 6. Resolution in Support of Congressional Action Regarding Property Assessed Clean Energy (PACE) Programs Recommended action: Accept report, approve the resolution in support of congressional action regarding PACE programs, and authorize the Mayor to sign a letter on behalf of the City Council in support of congressional action on PACE programs. 7. Resolution Supporting Proposition 21 Recommended action: Accept report and decide whether or not to approve the attached resolution supporting Proposition 21, which would establish the State Parks and Wildlife Conservation Trust Fund. 8. Resolution Amending Council Agency and Adhoc Committee Liaison Assignments Recommended action: Adopt resolution amending Resolution 10 -038 appointing Council representatives to Committees, Agencies and Ad hoc Committees. 9. Trail Easement Relocation - 21789 Villa Oaks Trail Recommended action: 1. Accept Offer to Dedicate Trail Easement being partially relocated on the property known as 21789 Villa Oaks Lane (APN 503 -78 -036). 4 2. Approve summary vacation /abandonment of a portion of the existing trail easement on the same property. 3. Adopt Resolution Accepting Offer to Dedicate Trail Easement and Vacating Portion of Existing Trail Easement. PUBLIC HEARINGS Members of the public may comment on item for up to three minutes. Items requested for continuance are subject to Council's approval at the Council meeting. 10. Confirmation of Report and Assessment of 2010 Weed/Brush Abatement Program Recommended action: Open public hearing, close public hearing, and adopt resolution confirming report and assessment of hazardous vegetation abatement charges. OLD BUSINESS 11. Proposed ballot measure to limit structures in all Commercial and Professional and Administrative Office Zoning Districts to two stories. Recommended action: Staff recommends that the City Council: 1. Adopt the attached resolution placing a measure on the November 2, 2010 ballot to limit structures in all Commercial and Professional and Administrative Office zoning districts to two stories, specifying the ballot question for the measure, and directing that the full text of the measure be made available at City Hall and elsewhere but not be included in the voter information pamphlet; 2. Determine whether the City Council wishes to authorize one or more members of the City Council to file arguments for or against the proposed measure; and 3. Adopt the attached resolution transferring funds to support the election costs associated with the ballot measure. NEW BUSINESS 12. City of Saratoga's Response to the Santa Clara County's Civil Grand Jury Report on: "Cities Must Rein in Unsustainable Employee Costs" Recommended action: That the Council review and direct staff on the City of Saratoga's proposed response to the Santa Clara County Civil Grand Jury Report on "Cities Must Rein in Unsustainable Employee Costs ". 13. Designation of Voting Delegate for League of California Cities Annual Conference 2010 Recommended action: Designate a voting delegate and alternate for the League's Annual Conference. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King ABAG Hakone Foundation Executive Committee West Valley Flood Control Zone & Watershed Advisory Committee 5 SCC Cities Association Selection Committee West Valley Mayors and Managers Association Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation Library Joint Powers Association Village AdHoc Susie's Garden Adhoc Tree Adhoc Councilmember Howard Miller City School Ad -Hoc Council Finance Committee Highway 9 Adhoc Initiative Adhoc KSAR Santa Clara County Cities Association Board West Valley Solid Waste Joint Powers Authority West Valley Transportation Authority PAC Councilmember Chuck Page City School Ad -Hoc Santa Clara Valley Water District Commission Saratoga Ministerial Association West Valley Sanitation District Council Finance Committee Councilmember Manny Cappello Chamber of Commerce County HCD Policy Committee Highway 9 Adhoc Santa Clara County Emergency Council SASCC Sister City Liaison Village Adhoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 6 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 11) Certificate of Posting of Agenda: 1, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on July 16, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 16 day of July 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 7 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2010 7/21 Regular Meeting — Special meeting with Planning Commission 7/22 Joint meeting with SASCC 8/4 SUMMER RECESS — NO COUNCIL MEETING 8/18 SUMMER RECESS — NO COUNCIL MEETING 9/1 Regular Meeting — Joint Meeting with Historical Foundation & Heritage Preservation Comm. 9/15 Regular Meeting — Joint meeting with Assemblymember Jim Beall 10/6 Regular Meeting —Joint meeting with West Valley Board of Trustees 10/20 Regular Meeting — Joint Meeting with Traffic Safety Commission 11/3 Regular Meeting — Joint meeting with Saratoga Ministerial Association 11/17 Regular Meeting - Joint Meeting with Hakone Foundation 11/30 Council Reorganization 12/1 Regular Meeting - Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/15 Regular Meeting - 8 MEETING DATE: July 21, 2010 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: SUBJECT: Appointment of One (1) Planning Commissioner and Oath of Office RECOMMENDED ACTION: Adopt resolution appointing one new commissioner to the Planning Commission to fill the unexpired term of Manny Cappello and direct the City Clerk to administer Oath of Office to newly appointed commissioner. REPORT SUMMARY: SARATOGA CITY COUNCIL On June 7, 2010, the City Council conducted interviews of eight (8) applicants that had applied to fill the unexpired term of Councilmember Susie Nagpal, who passed away on May 13, 2010. After the completion of the interviews and discussion, Council voted unanimously to appoint applicant Manny Cappello to the Council to fill Councilmember Nagpals' remaining term of two and one half years. At the time of the appointment to the Council, Mr. Cappello was serving as an active commissioner on the Planning Commission. As a result of this appointment to the City Council, a vacancy was created on the Planning Commission. Staff conducted a recruitment to fill this vacancy and interviews were scheduled for Monday, July 19, 2010. At the conclusion of the interview process, Council will appoint a new member to the Planning Commission to fill the remaining term of this vacancy, which expires April 1, 2013. At the time this staff report was written and submitted, it is unknown who will be appointed to the Planning Commission. Therefore, a resolution noting the appointee to the Planning Commission will be provided to the Council and members of the public at the July 21, 2010 Council meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A 9 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Council Roster and retain adopted resolution for historical records. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A — Oath of Office 10 11 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on This 21s day of July 2010. Ann Sullivan, CMC City Clerk 12 Planning Commissioner MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL July 21, 2010 City Manager's Office Barbara Powell Assistant City Manager SUBJECT: Commendation Honoring Dave Anderson, City Manager RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: Attached is a commendation recognizing and commending Dave Anderson, City Manager, for his ten years of service to the City of Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Adjourn to a brief reception in the Theater foyer. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Commendation Page 1 of 1 13 AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING DAVE ANDERSON CITY MANAGER WHEREAS, on August 21, 2000, Dave Anderson began his service as Saratoga's City Manager and 2010 marks his tenth year of service to the Saratoga community; and WHEREAS, for six years prior to coming to Saratoga, Dave served as Assistant Town Manager in Danville, California; and WHEREAS, Dave received his Bachelor of Arts degree from The Evergreen State College, in Olympia, Washington and his Master of Public Administration from the University of Washington; and WHEREAS, the Saratoga City Council that have worked with Dave have found that he shares their appreciation of Saratoga's values, their emphasis of customer service and responsiveness; Dave has improved Saratoga's processes and organization, utilized his strong ethical background to develop good policy, and he was able to quickly establish positive working relationships; and WHEREAS, Dave's people skills have enabled him to develop extensive relationships with most of the major institutions in the Saratoga community, included civic, business, religious, and private non - profit organizations; and WHEREAS, due to his skill in relationship building, Dave has been able to act as a "communications conduit", taking charge in times of crisis, helping to quickly resolve issues that might otherwise have gotten out of hand, and fostering partnerships that have benefitted the community; and WHEREAS, Dave has brought his interest and passion for technology to the forefront in Saratoga, by advancing the use of technology to improve the City's productivity, provide better customer service, foster better communication and, ultimately, enhance transparency to the public; and WHEREAS, under Dave's leadership, Saratoga's City Government has become a very stable, and highly productive staff organization that brings a myriad of services to the Saratoga community, while retaining its "minimum services" focus; and WHEREAS, Dave has used his considerable facilitation skills to assist in: • Resolving issues between the City and West Valley Community College; • Achieving a final design solution for Kevin Moran Park; • Negotiating a boundary drop agreement between Saratoga Fire and Santa Clara County Fire; • Moving the Sheriffs Office from dilapidated quarters to a new modern facility at the West Valley Substation; and WHEREAS, during his tenure, the City has successfully: • Purchased the Saratoga Prospect Center property, and undertaken its renovation, resulting in a multi - functional facility in a park -like setting; • Met the challenge of annually bringing forth a balanced budget, under very difficult circumstances, with only three of the past ten years not in an economic recession; • Initiated a five -year Capital Improvement Program to plan for and execute infrastructure projects throughout the City; and • Crafted General Plan Housing Elements that have met stringent requirements established by the State of California. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize, and commend City Manager Dave Anderson for his decade of service and for his dedication to the field of public administration and to the Saratoga Community. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 21st day of July 2010. Kathleen M. King, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: July 21, 2010 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider, Deputy City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Meeting Minutes — June 24, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the June 24, 2010, City Council Study Session meeting. 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: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A — Minutes from the June 24, 2010 City Council Meeting. 15 Mayor King called the Special Study Session to order at 6:00 p.m. and led the Pledge of Allegiance. ROLL CALL MINUTE S SPECIAL MEETING PRESENT: Councilmembers Chuck Page, Howard Miller, Manny Cappello, Vice Mayor Jill Hunter, Mayor Kathleen King ABSENT: None SARATOGA CITY COUNCIL MEETING June 24, 2010 ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Debbie Bretschneider, Deputy City Clerk John Livingstone, Community Development Director Bob Busse, Initiative Steering Committee Marcia Fariss, Initiative Steering Committee Jim Foley, Initiative Steering Committee Jeff Schwartz, Initiative Steering Committee Emma Wyckoff, Initiative Steering Committee REPORT OF CITY CLERK ON POSTING OF AGENDA Debbie Bretschneider, Deputy City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 24, 2010, was properly posted on June 22, 2010. COMMUNICATIONS FROM PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS None 16 AGENDA ITEM: 1. Proposed Initiative Regarding Second Story Limitations: Consider questions presented regarding effects of the proposed measure and whether to direct staff to prepare a formal report on the effects of the proposed measure pursuant to Elections Code 9212. Recommended Action: Accept staff report and direct staff accordingly. City Attorney Richard Taylor presented the staff report. He provided background on the initiative process and explained that Council requested this meeting to find some opportunities for clearer understanding between the Council and the Initiative Steering Committee. He noted that there were several attachments. Attachment 4 was requested during the June 16, 2010 Council Meeting and describes the height limits in each zoning district before and after the Housing Element Implementation Ordinance. Attachment 5, Housing Element Implementation Ordinance Summary Table from Prior Staff Report was summarized in more detail. This table was in the June 16, 2010 staff report, but a column was added to show changes proposed by the Initiative. Vice Mayor Hunter asked if the General Plan allows for changes 3 times a year. City Attorney Taylor replied that the State allows changes 4 times a year and in April the City amended the Housing Element. The Council will have the Circulation Element on the agenda later this year. That would count as 2 changes for this calendar year. Mayor King asked if the Initiative covers residential use. City Attorney Taylor replied that the Initiative covers the entire City of Saratoga and so residential would be limited to 2 -story if the Initiative passed. Mayor King questioned whether the Initiative, if passed, would consider a house with a basement to be 3 stories? And if the residence is considered 3 stories, would it be able to be rebuilt if it burned down? City Attorney Taylor said that the residences with 3 stories would be considered a legal non - conforming house. He noted that under the current code the residence could not be rebuilt if 75 % of the building was destroyed. Mayor King asked if currently churches and schools (quasi - public) are allowed to be 3 stories and would the Initiative change that? Community Development Director (CDD) Livingstone answered that currently churches and schools can be 3 stories with a conditional use permit and going through the Planning Commission process. The Initiative would place a limit of 2 stories on these structures. The staff report was concluded with the 4 actions the Council could take: 1. No Action. 2. Revise the Housing Element Implementation Ordinance and related actions. 3. Place the initiative on the November ballot as a City- sponsored ballot measure. 17 4. Develop a separate city- sponsored ballot measure. PRELIMINARY COMMENTS: Mayor King asked for preliminary comments. Jeff Schwartz spoke on behalf of the Initiative Steering Committee. He said that the summary provided by Staff is in their view accurate. He stated that he might have changed some of the emphasis, but the tables are correct. He said that he and four others are here as delegates of the eleven person Steering committee. This meeting is unprecedented in finding common ground between the Steering Committee and the Council. He stated that they appreciate and commend the Council for suggesting this study session. He also stated that they are appreciative of the time staff took to talk to us and going over the changes in the Housing Element. I especially want to commend Richard Taylor, Dave Anderson, John Livingstone, Chris Riordan, and Ann Sullivan for going beyond the call of duty to help. Council Member Miller stated that a lot of politics is based on misinformation and mistrust and that undermines democracy. His theory is that if we could all get together and talk about what we wanted done for the city, we could come to mutual agreement. He thanked everyone for coming to the meeting. PUBLIC COMMENT Jackie Welch stated that Big Basin Way has been the main street of Saratoga for over 100 years. She would not like Big Basin turned into high density condos. She does think Big Basin needs more retail. Cecilia Desmond stated that she is a real estate agent and many of the Saratoga Oaks residences would be considered 3 stories. Banks will not loan to houses that are non - conforming. And it would be difficult to get insurance, if the measure, as written, were to pass. Dwight Nickerson was concerned how the Initiative would affect current residences. His Saratoga Court townhome would be considered 3 stories on the creek side. What if the building burned down? Paul Conrado, a resident of 20 years, stated that he is a builder, not a developer. He stated that it would be tragic to put restrictions on hillside homes. He was bothered that the Village might not change. He was disturbed by the cost to the City of the Initiative. Sarah Okuno said that her family finds the village to be inhospitable to regular people. She stated that she was against the Initiative. She thinks we have made the Village unfriendly to developers. 18 David Rossi asked what does downtown Saratoga need? His development of downtown was put on hold for environmental reasons, he did not ask for changes in the Code. He does not think the village works in its current configuration. People should do studies about what the Village needs. Michael Shadman stated that the CH -1 and CH -2 limitations are already set. The 26 foot height limit makes it very difficult to have a 3- story, but a 35 feet limit should have 3 stories. Every site would have different requirements and the Planning Commission should decide. The Initiative will drive more businesses out of downtown. Peggy Kimball noted that it does make a difference if the buildings are 2 or 3- story. She wants to keep downtown pretty. She thinks we should have buses to bring people downtown. Mahnaz Khazen states that she has properties downtown in the Village and that she is not representing the Chamber of Commerce when she speaks. She loves the charm of Saratoga. She disagrees with the Initiative. New rules should allow the City to be more welcome. She says the Planning Commission should be allowed to make decisions. She also discussed the high vacancy rate in Saratoga. Councilmember Page asked Mahnaz if rental rates are high in the Village. Mahnaz replied that the current asking price is as low as $.90 a square foot. In comparison, Campbell is $3.25 a square foot and the vacancy rate is lower. She said that Saratoga just doesn't have the foot traffic to support businesses. Trish Cypher thinks the initiative process is a blessing. We should let the whole city decide by voting on it. She wants Saratoga to stay as it is. Scott Eschen, small -time developer, says that he won't develop in Saratoga, because it's too difficult. He suggests looking at how other cities that want to preserve their charm handle development. He says that Los Altos has economic vitality without losing their charm. They created a Downtown Development Committee. Doug Robertson, Planning Commission member, stated that he was not there representing the Planning Commission. He believes that 35 feet limit and with 3 stories would still keep the charm of the City. He is not happy with the status quo in the Village. The Village needs more foot traffic. We shouldn't tie the hands of the City to bring revitalization. Some of these problems can be resolved with good architecture. Suggests that those who want to decide what's best for the Village be part of a Visioning committee. Susan Karlak says that there is nothing charming about the traffic already in Saratoga. She thinks 3 stories of condo's in Quito Village would create enormous traffic. James Imhata, a CH -1 and CH -2 property owner, states that this argument is over 9 feet. This Initiative would create an undue burden on the City for election costs. He asks that everyone please come together and resolve this issue. 19 DISCUSSION BETWEEN COUNCIL AND STEERING COMMITTEE Councilmember Page asked what would the Initiative change about the Quito area and what height building could go there. CDD Livingstone stated that the area is the C -N commercial district and the 20 foot height limit and 2 -story would not change as a result of the Initiative. Page asked what the code is for the nearby professional zone between Saratoga Avenue and the bank. Livingstone stated that the code is 30 feet and 2 -story and this would be the same, with or without the initiative. The Abrams area across the street is P -N and is 30 feet and 2 -story which represents no change. Steering Committee member Schwartz stated that the Steering Committee was interested in what change happened in mixed -use areas with the change in the Implementation Ordinance. They are against the Village having a change in mixed -use. The perception is that on an individual project the height requirement could be changed quickly and without public discussion. The public perception is that the Council could put in whatever development they wanted. With an initiative, present and future Councils could not change things quickly. Councilmember Page asked what is the process for a zoning ordinance amendment? Attorney Taylor replied that by State law, the Council can't vote on a zoning ordinance without a recommendation from the Planning Commission. The Planning Commission has to have a published public hearing before the ordinance goes to the Council. And then the Council holds a public hearing, plus a second reading before the ordinance passes. There are 2 published newspaper notices —one for each public hearing and the City puts it on website, which is not required by law. If a specific property was being changed, notices go out to all property owners within 500 feet of the property. There was discussion on whether residents were noticed about the proposed Quito development. Some thought the proposal was for 3- stories mixed -use when the developer had meetings with residents. Staff stated that an application was never submitted to the city and that they never received a finished set of plans. They would have noticed the residents after CDD had a set of plans. Mr. Schwartz asked if the group could talk specifics and come to an agreement. Mayor King called for a break at 7:53 pm. Mayor King called the session back to order at 8:10 pm. Mr. Schwartz asked that everyone come to an agreement on the method for change and then get into specifics. He mentioned the staff report with the 4 actions the Council could take: 1. No Action. 2. Revise the Housing Element Implementation Ordinance and related actions. 3. Place the initiative on the November ballot as a City- sponsored ballot measure. 20 Councilmember Miller asked if some items could be settled with ordinances. And other items on a ballot issue. The Initiative Steering Committee stated that a special election in March 2011, costing $560,000 is not desirable. They had always aimed at a November election. They do not want just an ordinance because it can be changed too readily by other future Councils. Initiative is harder to change and provides a level of protection to residents. The Steering Committee would like the Council to consider placing their own ballot measure on the November election. The wording of the ballot measure does not have to the same as the Initiative. Mayor King asked the Steering Committee if the ballot measure would need to include residential property. This affects property values of every homeowner in Saratoga. Did they need the ballot measure to include to residential? The Steering Committee said they didn't want to make current houses to be legal non- conforming. The Committee agreed to take out: 1. Residential 2. Quasi - public 3. Public The Steering Committee asked for these 5 items to be on the ballot measure: 1. 2 Story limit. 2. 26 foot height limit on mixed -use. 3. Restore wording that in mixed -use buildings, 50% or greater would be retail. 4. In mixed -use buildings, there can be maximum 20 units /acre of residential, except in RHD district. 5. Go back to what it used to say about shared parking and mixed use. The Council and Steering Committee went through each of these issues to find common ground. #4. Attorney Taylor stated that in the General Plan, high- density housing has to happen somewhere in the City. The area of Lawrence Expressway and Prospect Road (C -N [RHD]) was to be the high- density area for the State to approve the Housing Element. It would be easy to change with a General Plan amendment to no more than 20 housing units per acre in Saratoga, except for the C -N (RHD) district. The Steering Committee agreed to this change and the Mayor removed #4 from the list. 4. Develop a separate city- sponsored ballot measure. 21 #3. CDD Livingstone stated that the code before April's Housing Element was passed was a 50% retail in mixed -use buildings. Very specific findings on a project would allow the Planning Commission to change the 50 %. Steering Committee stated that they would like to separate large projects from small projects and want the 50% retail on the large projects. They did not want to get into a discussion of the square footage of small and large. It was decided that staff and adhoc committee could take care of these numbers. The intent is for the entire first floor of large projects to retail /professional. The Steering Committee would like the 50% retail in mixed -use to be on the ballot. #5. No shared parking in mixed -use that includes residential buildings. There was discussion about needing more parking and that large projects need to require no shared parking. Councilmember Page suggested that we require a parking and traffic study before new development. Councilmember Cappello stated that the Planning Commission takes having enough parking very seriously. Attorney Taylor suggested that the parking issue could be broken up like the retail into large and small projects. The Steering Committee asked for a break to speak among themselves. Mayor King called for a break at 9:14 pm. Mayor King called the meeting back to order at 9:26 pm. The Steering committee came back with these decisions that they arrived at. They did not want to make housing non - confirming and so would take residential, quasi - public, and public off the ballot measure. They want new multi -unit housing to only be 2 stories above ground, with the basement/garage issue grandfathered in. They also agreed to exclude the C -N (RHD) District and Odd Fellows (Fellowship Plaza) from any ballot measure. The 20 -unit density ( #4) could be fixed by General Plan amendment, with more units allowed only in the C -N (RHD) district. On the parking issue, they agreed that parking should be changed to no shared parking in large developments and that this could be done through ordinance. Mayor King asked if the 20 -unit density and shared parking need to go on the ballot measure. The Steering Committee replied that those two items are off the ballot, but that they need to know that these items are a priority for the Council to fix. Mayor King said that it's a good idea to keep the ballot measure simple. If it's too complicated, then people won't vote. Steering Committee also stated that they want the 50% retail for large projects (small projects to be exempt) to be on the ballot. Mr. Schwartz states that the 2 -story limit and 26 foot limit for mixed -use are the most important subjects. The 26 foot limit would be a net gain for some districts and a net loss for others. Councilmember Miller stated that there were changes on the Implementation Ordinance that we were comfortable with. The P/A being 2 stories, the C -N being 20 feet limit, with 2 stories. That 22 leaves us with the CH -1 as the problem, as that could currently be 35 feet. This gives flexibility to developers. Mr. Schwartz stated that there was no change on the CH -1 being 35 feet for commercial only use. The change in the Housing Implementation Ordinance that made a difference to them was the 35 feet, no story limit for mixed use. Councilmember Miller said that that he was trying to find out where the two groups had common ground. The Council has made some changes to try to revitalize the village, like changes in fees, and conditional use changes. The change the Council made to the code was to encourage business. It was not our intent to destroy the Village. Mr. Schwartz replied that we know the Council wanted to help the Village. However, in the last 15 years, 300+ condos have been built near the Village and this hasn't helped the business climate. We don't think 20 more townhouses are going to help. The Village is a wonderful business climate for high -end restaurants. They are there for the beautiful atmosphere of the village. Three stories would hurt the restaurants which are our best businesses. We want to keep the traditional values of Saratoga. When we ask people if they want 3 stories in Saratoga, they all want to sign the petition for the Initiative. Councilmember Miller stated that we all have the same goal, but how do we get there? Ms. Fariss said that the residents want to revitalize the Village, but they don't think having 3 stories is the way for that to happen. Mayor King said that all of us have many times thought we knew what all the voting residents wanted. I've been wrong at least twice. You don't know until you hold a vote. She had done some calculations on the Buy and Save area and you can't get a parking garage and retail on the bottom floor until you get enough housing on the top floor —you need the 20 units to make it feasible. Mr. Schwartz replied that the market changes and it's not the city's job to aid developers. He and Chuck have had discussions about very different ideas for the village. He is very excited about Chuck's Visioning project and would like to participate in it. Councilmember Hunter mentioned that Los Gatos has a 2 story limit on its historical section of town. Councilmember Page stated that Los Gatos is very different than Saratoga. Because of the major earthquake damage they had, they were able to change many things. The Initiative group is very organized. But the ballot measure needs to be very simple. People liked the 2 story idea, but then people were worried about their basements. It's a good thing we took that out. People will always find a loophole. 23 Mr. Schwartz stated that if the 2 groups can come to agreement about having a ballot measure included in the upcoming election then the Steering committee would be happy. If people vote it down, then we were wrong. We agree that the ballot measure should be simple. Mayor King said that some of the public would like to speak. Everyone agreed to hear the public. PUBLIC COMMENT David Rossi stated that the after listening all evening, it sounds like the initiative is focused on the Buy and Save project. The initiative group is not accurate on what his project would have looked like and it was still a work in progress. His development did have open space and public bathrooms. Saratoga land is expensive and developers need 35 feet. Mr. Foley asked to speak and wanted Mr. Rossi to know that this was not about just his project. The Steering committee was very worried about the Quito and Abrams areas as well. Ms. Wyckoff added that the Steering committee was not just from the village. They had members from all over the City. Paul Hernandez asked the Steering Committee if they were going to drop the petition. How many signatures have you gotten? Do you feel any responsibility to the petition signers? Mr. Schwartz answered that they don't have a number for who has signed the petition. The heart of the petition is the 26 feet for mixed use and 2 story limit. We recognize there are advantages to the community not going to a special election and the cost related to that. We want to come together with the Council and we don't think we are doing a disservice to the public by doing that. Paul Hernandez again asked if they would be dropping the petition. Mr. Schwartz answered that if they could reach an agreement with the Council and talked to the rest of their group, then yes, they would drop the petition process. Mr.Foley added that there were anomaly's in the petition that could be resolved with the Council's ballot measure. This would be better for the public. Mayor King added that as long as you leave the basement issue in the vote, you effect everyone's home values. The Mayor asked if anyone else wanted to speak. No one else came forward. DISCUSSION BETWEEN COUNCIL AND STEERING COMMITTEE Mayor King said that she thought the citizens would support the 2 -story and 26 feet height in the Quito and C -N areas; but not in the Village and if you tie the two together, then you don't get what the people want in each area. She stated that she did not have a problem with a ballot 9 24 measure, although she wished the City did not have to pay for it. She asked for comments from the rest of the Council. Councilmember Page said that the more limits we put on something, the less a development will happen. He said that the members of the Planning Commission were intelligent and were fully capable of making responsible decisions. The architecture of a building makes a big difference. The simpler the wordings of the ballot measure the better chance we have of getting an answer from the public. Mr. Foley stated that you can't revitalize the Village with 20 units of condos. Renovations to the shopping center that contains the old Buy and Save would be a big improvement. Currently no one wants to move in there, because it looks so bad. Councilmember Cappello stated that he is not fully supportive of the 3 story in the Buy and Save area. The 26 feet and 2 story limits anyone's project and makes our world of possibilities smaller. He worries that we will end up with the same existing center in 10 years. The Planning Commission could have come up with a workable solution. He's seen the Planning Commission ask that projects be redesigned even after they were far along in the process. Mayor King suggested that everyone come up with their own ideas of what should be on the ballot. What would you personally like to see on the ballot. Mr. Schwartz asked if the Steering Committee could present their idea as a group and this was agreed on. Mayor King called for a break at 10:20 pm. Mayor King called the meeting back to order at 10:30 pm. The Steering Committee expressed their ideas. They agreed that the ballot measure should be kept simple. We would like: 1. 2 story for commercial and mixed -use, with the C -N (RHD) excepted. Residential, Public, and quasi - public would be exempted. 2. 26 feet height throughout the City for all buildings. The Steering Committee agrees with the process of a Visioning for the village. The $50,000 spent to get an answer from the people via an election in November is reasonable. A vote of the whole City on the issue would resolve a lot of trust issues. Councilmember Miller: 1. Supports the Ballot measure. 2. Supports Visioning for Village. 3. Supports 2 story city -wide limit, all uses in commercial zones and mixed -use, with the exemptions mentioned above. 4. Suggests that in the CH -1, use a set -back for the second story. 5. Not in favor of 26 feet, use underlining zoning already in place. The 26 feet is not good for some areas. Councilmember Cappello: 10 25 Councilmember Page: 1. Supports the Ballot measure. 2. Supports Visioning. This process should go forward even with a ballot measure. 3. Supports 2 story limit for mixed -use. 4. No height limit, use what we already have. 5. Not in favor of set -back, good architecture could solve the tunnel problem. Vice Mayor Hunter said she was having difficulties with this process. And that she has always been concerned with 3 stories and it disturbed her that the people didn't get to vote on it. The beauty of the Village is the hills and the view. The city is spending 1. 2 million dollars this summer to make the Village safer and prettier. She is reticent about the ballot measure. Mr. Schwartz stated that no one does more for the Village and the City than Jill. The reality is that if we do nothing, we still have the Housing Implementation Ordinance that changed things. If we only make the changes we discussed here by ordinance, it could be changed by a couple of votes in the future. By putting this on the ballot we allow the people to speak. This is our best chance to change this. Vice Mayor Hunter: 1. Supports the Ballot measure. 2. Supports 2 story with conditions already stated above. 3. Supports 26 feet height limit. Mayor King: 1. Supports the Ballot measure 2. Supports Visioning, if the Village is separate from the rest of the City. 3. Supports 2 separate ballot measures a. A ballot measure just about the Village heights and stories. (could be after Visioning process) b. A separate measure for the rest of the City on 2 story, 26 feet, with the exemptions we described. 1 1. Supports the Ballot measure. 2. Supports the Visioning for village. 3. Supports 2 story in commercial zones, except for CH -1. 4. Supports 26 feet, except in CH -1. 5. Set -back good idea — Planning Commission has used in the past. 6. Not in favor of 2 story limit in CH -1, thinks that area needs a 3 story, 35 feet. By having separate measures, we could find out what each neighborhood needed. If the whole City is on ballot measure, she is afraid the Quito voters would overwhelm the Village voters. 26 Mr. Schwartz said that the Village is not a neighborhood issue, but an entire City issue and everyone should vote on it. Councilmember Miller asked Mayor King if until the Visioning for the Village happened, she would be in favor of a moratorium on the Village. Mayor King said she could agree with that. Mr. Schwartz summarized that the Steering Committee has been clear that they want a 2 story, 26 foot limit. There are 3 people on the Council who want a 2 story limit on the ballot, but 2 out of the 3 don't want 26 feet limit. 1 person wants the Village to stay 3 stories and 1 person wants the Village with a separate vote. If we went with a 2 story only, but leave off the 26 feet, we would have a majority of the Council and all of our Steering Committee together on what could go on a ballot measure. Mayor King asked to check with the rest of the Council. She said sometimes ideas change after hearing everyone's opinion. Councilmember Miller summarized that this measure on the ballot would only be 2 story and that would be the only item covered. Mr. Schwartz replied that the Steering Committee needed to talk among themselves. If we drop the 26 feet, then 2 story has its own limitations. We need to agree on what would go on the ballot. We need to have the Village included. Mayor King asked if the 50% retail needs to be on the ballot. Mr. Foley asked Councilmember Howard if the ballot measure said a maximum of 26 feet height, would he agree to that. Councilmember Miller replied that no, he thinks that some areas can use over 26 feet. He also wants to keep the C -N at a 20 foot height limit. Mayor King asked the Council if there were 3 that would vote for 2 story mixed use commercial, excluding residential, public, and quasi - public. Councilmembers Miller, Cappello, Page and Vice Mayor Hunter agreed. Steering Committee asked for a break. Mayor King called for a break at 11:09 pm. Mayor King called the meeting back to order at 11:14 pm. 1 27 The Steering Committee agrees that they will accept the 50% retail in large projects as an ordinance, rather than a ballot measure to keep the ballot simple. With some reluctance, they will drop the 26 foot limit to be able to bring the 2 story limit to voters. Councilmember Miller asked to clarify the issues. 1. 2 story City -wide commercial with exemptions already noted for the ballot. 2. 26 foot limit not on ballot. 3. 50% retail on large projects not on ballot. 4. Maximum density clarification in general plan is not on ballot. 5. No shared parking in large projects is not on ballot. Councilmember Miller also asked if the order of execution would be the ordinances come before or after the ballot. Mr. Schwartz replied that they would assume in good faith that the Council would move forward to work on the ordinances as soon as possible. On their side, they would stop the Initiative process. Mayor King suggested that these ordnances have to be a priority for the Council. Councilmember Miller asked how soon the Council would need to act on the ballot measure. Attorney Taylor replied that the last day the Council could vote is August 6, 2010. He would recommend that the Council vote on the second meeting in July, which is July 21, 2010. MILLER/CAPPELLO MOVED TO PUT 2 STORY LIMIT ON BALLOT, WITH THE EXEMPTIONS OF THE C -N (RHD), RESIDENTIAL, QUASI- PUBLIC, PUBLIC BUILDINGS , AND TO DO THIS BY THE SECOND COUNCIL MEETING IN JULY, AND TO COMPLETE THE ORDINANCES DESCRIBED IN THE MEETING. MOTION PASSED 5 -0. Mayor King questioned whether we really needed to put anything on the ballot. Everyone has agreed on these issues and $50,000 is a lot to spend from a City with a 15 million general fund budget. Also, do we want to have another public meeting to see if the public wants us to spend this money? Mr. Schwartz replied that this is less costly than the initiative would be. The 2 story limit is a core value of Saratoga that they want to protect. A vote by the people would stop the divisiveness. Ms. Fariss said that this is a matter of public trust. We have to take this to the voters. Mayor King asked if this was enough public input. Do we need to have another meeting to let the public speak? 1 28 Councilmember Page stated that there will be another public hearing when this item comes before the Council for a vote. He was also reticent about spending $50,000, but the City is in good financial condition and this would be money well spent. Vice Mayor Hunter reminded Council that even if the Initiative goes on the ballot, the City still has to pay $50,000. Attorney Taylor recommended that the Council vote to direct staff to bring this item back to them at the second meeting in July. But to add an adhoc of 2 Council members to work with staff. Mr. Schwartz brought up the idea that 2 Steering Committee members should be on that adhoc as well. Attorney Taylor responded that if the Council appoints that many people, it becomes a committee, with Brown Act requirements. However, the 2 member adhoc can invite other people to their meeting. The Steering Committee agreed to the adhoc. Councilmembers Miller, Page, and Cappello volunteered to be on the adhoc. Mayor King stated that Miller and Page would be on the adhoc. Miller recommended a friendly amendment to the prior motion noting who would be serving on the adhoc. MILLER/CAPPELLO MOVED TO CREATE AN ADHOC, COMPRISED OF 2 COUNCILMEMBERS - MILLER AND PAGE. MOTION PASSED 5 -0. PAGE/MILLER MOVED TO ADJOURN THE SPECIAL MEETING AT 11:32 PM. MOTION PASSED 5 -0. Respectfully submitted, Debbie Bretschneider Deputy City Clerk 1 29 SARATOGA CITY COUNCIL MEETING DATE: July 21, 2010 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Meeting Minutes — July 7, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the July 7, 2010, Regular City Council meeting. 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: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A — Minutes from the July 7, 2010 City Council Meeting. 30 MINUTE S SARATOGA REGULAR CITY COUNCIL MEETING JULY 7, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — Existing Litigation — Government Code Section 54956.9 (a): (1 Case) City of Saratoga v. Sumit Dutta and Jaya Dutta, Santa Clara County Superior Court Case No. 1- 10- CV- 172734 CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): (1 potential case) PUBLIC EMPLOYEE PERFORMANCE EVALUATION — (Government Code Section 54957) Title: City Attorney MAYOR'S REPORT ON CLOSED SESSION Mayor King stated there was no reportable information on Closed Session. Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter and Mayor Kathleen King ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Livingstone, Community Development Director Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 7, 2010 was properly posted on July 1, 2010. 31 COMMUNICATIONS FROM BOARDS AND COMMISSIONS None COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Ann Waltonsmith addressed the Council regarding the California State Park Initiative, which will be on the November 2010 ballot. Ms. Waltonsmith asked Council to consider agendizing and endorsing this Initiative by adopting a resolution of support. Naomi Nakano, Executive Director for West Valley Community Services, thanked the Council for their continued support and donations. Michelle Ma, West Valley Community Services representative (WVCS), addressed the Council regarding a WVCS fund raiser — Taste of Compassion. WVCS is partnering with restaurants that are interested in participating in this program on a monthly basis, adding that 50% of the proceeds on specified dates will go to WVCS. She invited the Council to participate in the first Taste of Compassion event at "Park Place Cupertino" on July 17 and 18 Ms. Ma invited everyone to visit www.wvcommunityservices.org /taste or call 408 - 255 -8033 for more information or to make reservations. COUNCIL DIRECTION TO STAFF Mayor King suggested Ms. Ma include the July 17 and 18 Taste of Compassion date on the City's Artsopolis Calendar. Vice Mayor Hunter recommended Council agendize the California State Park Initiative on the next Council meeting agenda. Council concurred. ANNOUNCEMENTS Vice Mayor Hunter noted the "Saratoga Swings" event is on July 17, 2010 from 5:30 p.m. to 7:30 in the Bank of America parking lot in the Village. Councilmember Page noted the annual "Car Show" event is on July 24, 2010 in the Village. In addition, he thanked Captain Terry Calderone, Commander of the Westside Substation of the Santa Clara County Sheriff's Office, and his deputies for capturing the bicycle bandit that robbed the Comerica Bank in the Village. Councilmember Cappello reminded everyone of the "Relay for Life" event starting at 10 a.m. July 24 and ending at 10 a.m. on Sunday July 25, 2010, at St. Andrews Church. He noted there are two Saratoga teams that people could sign up for — Taylor and Pisani Team and a team in honor of Susie Nagpal. He added people could visit the American Cancer Society website if they would like to contribute donations or participate in the event. 2 32 Councilmemer Miller reminded people they could still sign up for summer classes that are available through the Saratoga Recreation Department. CEREMONIAL ITEMS 1. COMMENDATION HONORING CAPTAIN DON OLSON — SANTA CLARA COUNTY FIRE DEPARTMENT STAFF RECOMMENDATION: Read and present commendation. Mayor King read and presented the commendation to Captain Don Olson. Mrs. Olson, Santa Clara County Fire Department (SCCFD) Chief Ken Waldvogel and members of the SCFD joined Captain Olson on stage for the presentation. 2. COMMENDATION HONORING CAPTAIN BILL MORRISON — SANTA CLARA COUNTY FIRE DEPARTMENT STAFF RECOMMENDATION: Read and present commendation. Mayor King read and presented the commendation to Captain Bill Morrison. Family members, along with SCCFD Chief Ken Waldvogel, joined Captain Morrison on stage for the presentation. 3. COMMENDATION HONORING HAL NETTER — SANTA CLARA COUNTY FIRE DEPARTMENT STAFF RECOMMENDATION: Read and present commendation. Mayor King read and presented the commendation to Fire Inspector Hal Netter. Family members, along with SCCFD Chief Ken Waldvogel, joined Fire Inspector Netter on stage for the presentation. 4. PROCLAMATION RECOGNIZING JULY 2010 AS PARKS AND RECREATION MONTH IN SARATOGA STAFF RECOMMENDATION: Read and present the proclamation declaring July 2010 as Parks and Recreation month in Saratoga. Mayor King read and presented the commendation to Parks and Recreation Commissioner Thomas Soukup. SPECIAL PRESENTATIONS None 3 33 CONSENT CALENDAR 5. CITY COUNCIL / HOA JOINT MEETING MINUTES — JUNE 16, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL / HOA JOINT MEETING MINUTES — JUNE 16, 2010. MOTION PASSED 5 -0 -0. 6. CITY COUNCIL MEETING MINUTES — JUNE 16, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MEETING MINUTES — JUNE 16, 2010. MOTION PASSED 5 -0 -0. 7. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: June 10, 2010 June 17, 2010 June 24, 2010 PAGE/MILLER MOVED TO APPROVE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: JUNE 10, 2010, JUNE 17, 2010, AND JUNE 24, 2010. MOTION PASSED 5 -0 -0. 8. TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2010 STAFF RECOMMENDATION: Review and accept the Treasurer's Report for the month ended May 31, 2010. PAGE/MILLER MOVED TO APPROVE TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2010. MOTION PASSED 5 -0 -0. 9. CITIZEN OPTIONS FOR PUBLIC SAFETY - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS GRANT (COPS /SLESF) STAFF RECOMMENDATION: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program's Supplemental Law Enforcement Services Fund (COPS /SLESF) grant as a source of funds for additional public safety services. RESOLUTION NO. 10 -039 4 34 None PAGE/MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING THE CONTINUED USE OF THE CITIZEN OPTIONS FOR PUBLIC SAFETY PROGRAM'S SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS /SLESF) GRANT AS A SOURCE OF FUNDS FOR ADDITIONAL PUBLIC SAFETY SERVICES. MOTION PASSED 5 -0 -0. 10. PROPERTY TAX LEVY FOR DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS STAFF RECOMMENDATION: The City Council adopt the attached resolution which sets the FY 2010/11 property tax levy rate for the Library General Obligation Bonds at $.0094 per $100 of Assessed Valuation to provide for the Library Bond's debt service requirements over the fiscal year. RESOLUTION NO. 10 -040 PAGE/MILLER MOVED TO ADOPT RESOLUTION WHICH SETS THE FY 2010/11 PROPERTY TAX LEVY RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS AT $.0094 PER $100 OF ASSESSED VALUATION TO PROVIDE FOR THE LIBRARY BOND'S DEBT SERVICE REQUIREMENTS OVER THE FISCAL YEAR. MOTION PASSED 5 -0 -0. 11. EXTENSION OF CONTRACT FOR STREET SWEEPING SERVICES STAFF RECOMMENDATION: Extend current Street Sweeping Contract with Universal Sweeping Services for one year from July 1, 2010 to June 30, 2011 in the amount of $100,000. Vice Mayor Hunter removed this item for comment and clarification. HUNTER/PAGE MOVED TO EXTEND CURRENT STREET SWEEPING CONTRACT WITH UNIVERSAL SWEEPING SERVICES FOR ONE YEAR FROM JULY 1, 2010 TO JUNE 30, 2011 IN THE AMOUNT OF $100,000. MOTION PASSED 5 -0 -0. 12. ANNUAL APPROVAL OF THE CITY'S INVESTMENT POLICY STAFF RECOMMENDATION: That the City Council review and approve the Investment Policy for Fiscal Year 2010/11. Councilmember Miller removed this item for comment. MILLER/PAGE MOVED TO APPROVE THE INVESTMENT POLICY FOR FISCAL YEAR 2010/11. MOTION PASSED 5 -0 -0. PUBLIC HEARINGS 5 35 OLD BUSINESS None NEW BUSINESS 13. WILDWOOD CINEMA MOVIE NIGHT STAFF RECOMMENDATION: Accept report and provide direction on the following items: 1. Parks and Recreation Commission's request that the Council cosponsor Wildwood Cinema Movie Night by waiving City fees, which include park rental, special event permit, and banner fees; 2. Parks and Recreation Commission's request that the Council authorize the Commission to seek partnerships with community organizations, such as the Chamber of Commerce or Saratoga -Monte Sereno Community Foundation, to fund and co -host Wildwood Cinema Movie Night; 3. Parks and Recreation's request to seek donations to cover Wildwood Cinema Movie Night expenses; and 4. Resolution allowing Wildwood Park to stay open until 10:00 p.m. on September 11, 2010. Crystal Morrow, Administrative Analyst 11, presented the staff report. Parks and Recreation Commissioner, Tom Soukup, was present to answer questions presented by Council. Mayor King invited public comment. Paul Hernandez requested to speak on this item. No one else requested to speak on this item. MILLER /HUNTER MOVED TO 1) COSPONSOR WILDWOOD CINEMA MOVIE NIGHT BY WAIVING CITY FEES, WHICH INCLUDE PARK RENTAL, SPECIAL EVENT PERMIT, AND BANNER FEES FOR A TOTAL OF $1,300; 2) AUTHORIZE THE COMMISSION TO SEEK PARTNERSHIPS WITH COMMUNITY ORGANIZATIONS, SUCH AS THE CHAMBER OF COMMERCE OR SARATOGA -MONTE SERENO COMMUNITY FOUNDATION, TO FUND AND CO -HOST WILDWOOD CINEMA MOVIE NIGHT; AND 3) ADOPT RESOLUTION ALLOWING WILDWOOD PARK TO STAY OPEN UNTIL 10:OOPM ON SEPTEMBER 11, 2010. MOTION PASSED 5 -0 -0. Council did not grant approval of the Parks and Recreation Commission seeking donations to cover Wildwood Cinema Movie Night expenses; however, they did encourage the Commission to find a group of independent citizens to help raise funds and to put on the event. STAFF DIRECTION: 6 36 Council recommended the Parks and Recreation Commission work with the Santa Clara County Sheriff's Westside Substation to provide additional security at the event on September 11, 2010. 14. DISCUSSION OF ISSUES RELATED TO TREES STAFF RECOMMENDATION: 1. Provide Staff with direction on Heritage Trees and how they should be considered in the code. 2. Provide Staff with direction on planting 2,015 trees by 2015 and a Community based tree planting partnership. 3. Provide Staff with direction about the appeal process for a tree removal permit application. John Livingstone, Community Development Director, presented the staff report. At this time Mayor King invited three Boy Scouts that were in the audience as a requirement of their Troop to advance in rank, to join the Council on stage. The Boy Scouts came up on stage, introduced themselves, and left the stage. Mayor King invited public comment. The following people requested to speak on this item: Jim Stallman Jenny Young Taylor Paul Hernandez Nancy Kirk No one else requested to speak on this item. Mayor King declared a break at 9:05PM Mayor King reconvened the meeting at 9:15PM MILLER/PAGE MOVED TO 1) FORM AN ADHOC COMMITTEE CONSISTING OF VICE MAYOR JILL HUNTER AND COUNCILMEMBER MANNY CAPPELLO WITH THE STATED PURPOSE OF UNDERSTANDING NEIGHBORING OR SIMILAR CITIES WITHIN CALIFORNIA RULES, CRITERIA, AND PROCESS FOR DECLARING HERITAGE TREES; 2) LOOK AT VARIOUS APPEALS PROCESSES; AND 3) AUTHORIZE STAFF TO PURSUE GRANTS THAT WOULD HELP TO IMPROVE THE TREE FUND. MOTION PASSED 5 -0 -0. At this point, Mayor King noted she would like to move Item 16 ahead of Item 15. Council concurred. 15. PROPOSED APPLICATION FOR GRANT FUNDS THROUGH SANTA CLARA COUNTY'S TOBACCO PREVENTION AND CONTROL PROGRAM 7 37 STAFF RECOMMENDATION: Accept report and direct staff accordingly. Barbara Powell, Assistant City Manager, presented the staff report. Mayor King invited public comment. No one requested to speak on this item. PAGE/MILLER MOVED TO: 1) DIRECT STAFF TO APPLY FOR A GRANT FROM THE $6. MILLION TWO -YEAR AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS TO REDUCE ADULT AND YOUTH SMOKING WITH COUNCIL GUIDANCE AND INPUT; 2) INCLUDE SPECIFICATIONS THAT GRANT APPLICATION INCLUDES: CREATION OF A POLICY TO PROHIBIT SMOKING IN PARKS AND OTHER SPECIFIED PUBLIC AREAS; 3) SOCIAL / MEDIA MARKETING; 4) TWO (2) YEARS OF CODE ENFORCEMENT; AND 5) NON - SMOKING EDUCATIONAL OPPORTUNITIES. MOTION PASSED 5 -0 -0. 16. ALTERNATIVE SITES FOR LIVE KSAR BROADCAST OF PUBLIC MEETINGS STAFF RECOMMENDATION: Review report and provide direction to staff regarding: 1. Whether live video and audio broadcast of public meetings is a requirement for an alternate meeting location or if a tape delay broadcast is an acceptable option; 2. A preferred alternate location for holding public meetings; 3. Whether staff should seek funding from the KSAR 15 Trust Fund to pay for all or a portion of site improvements associated with an alternate broadcast location. Barbara Powell, Assistant City Manager, presented the staff report on behalf of Recreation Director Michael Taylor. David Lee, KSAR Station Manager and Tom Moran, KSAR Board Chair and volunteer for KSAR, were present to provide technical support regarding questions asked by Council. Mayor King invited public comment. No one requested to speak on this item. Vice Mayor Hunter thanked both David Lee for his dedication to KSAR and Tom Moran for his 15 years of volunteer service to help broadcast so many events in the City. Mayor King noted she would like to see other live broadcasting alternatives for City Council meetings in the future. There was no direction to Staff on this item. 8 38 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King — Reported: West Valley Mayors and Managers (WVMM) — met at West Valley College for their last meeting and participated in a tour of the new Fox Technology Center. The July WVMM meeting will be held at the Mountain Winery. Vice Mayor Jill Hunter — had nothing to report on her Committee /Adhoc assignments. She did note that she had a very productive meeting with Mr. Amit Nagpal regarding the floral garden in Susie Nagpal's memory, which will be located near the intersection of Fruitvale and Allendale Avenue. Councilmember Howard Miller — Reported: Council Finance Committee — met at 8AM on Tuesday of this week. Initiative Adhoc — has had several very productive meetings and noted that as a result of those meetings, an Initiative Ballot Measure will be put forth to the citizens of Saratoga on November 2, 2010. He added the Planning commission will meet jointly with the City Council at 6PM on July 21, which will be broadcast live, and will bring their ballot recommendation to the 7PM City Council Regular meeting. The Council will then vote at that meeting to decide if they want to place the recommended Measure on the November ballot and Council may then decide who will write the Measure pro- statement and rebuttal statement, which would be included in the ballot. West Valley Transportation Authority PAC — meeting was cancelled. Councilmember Chuck Page — Reported: Saratoga Ministerial Association — he was unable to attend the meeting on Tuesday of this week. Council Finance Committee — met last week. Initiative ADHOC — has had two very productive meetings resulting in significant positive results. The Council will be participating in a Joint meeting with the Planning Commission on July 21 at 6PM in the Civic Theater to make final Initiative recommendations. As a member on the VTA Board, Councilmember Page reported that there is a proposed ballot measure whereby each county could impose a $10 fee on automobile licenses and this money could only be used for transportation costs. Many counties conducted a survey to see the general acceptance of this imposed fee and the response was very positive. He added the VTA Board passed this unanimously and this measure will be on the November 2010 ballot. Councilmember Manny Cappello — Reported: SASCC — he attended the last meeting and noted a budget was presented; however, it was not a balanced budget. The proposed budget included reductions in payroll, administrative costs, and increases in revenue areas (including the $30K matching grant from the City and the expected $30K in matching donations. He added the budget excluded investment revenue potential. Fund raising activities include: parking lot /garage sale on July 31 and Paper Shredding service. Sister City Liaison — the Board met Tuesday of this week. Three exchange students will be arriving on August 9 from Muko Shi, Japan. He noted the students, along with their host families, will be participating in various events during their 10 day visit to Saratoga. He extended an invitation to everyone to help welcome the exchange students on August 13 during a formal reception at City Hall. 9 39 CITY COUNCIL ITEMS Mayor Kathleen King stated she would like staff to add the three new Adhoc Committees to the Council Agency Assignment list: Initiative Adhoc, Tree Adhoc, and Susie's Garden Adhoc. CITY MANAGER'S REPORT None ADJOURNMENT There being no additional business, Mayor King asked for a motion to adjourn. KING/PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 11:25 PM AND TO PROCEED TO THE ADMINISTRATIVE CONFERENCE ROOM TO CONTINUE WITH THE SCHEDULED CLOSED SESSION ITEMS. MOTION PASSED 5 -0 -0. Respectfully submitted, Ann Sullivan, CMC City Clerk 10 40 Attached are the Check Registers for: Type of Checks Date Starting Check No. Ending Check No. Total Checks Amount Checks Released Prior Check Register Date Ending Check No. Accounts Payable 06/30/10 115484 115538 54 82,748.92 06/30/10 06/24/10 115483 Accounts Payable (P12) 07/01/10 115539 115549 10 144,665.70 07/01/10 06/30/10 115538 Accounts Payable (P1) 07/08/10 115550 115564 14 9,652.71 07/08/10 07/01/10 115549 Accounts Payable (P13) 07/08/10 115565 115611 46 53,803.24 07/08/10 07/08/10 115564 The following' is a list of Accounts Payable checks issued for more than $20,000' and a brief description of the expenditure: AP Date Check No. Issued to Fund Dept. Purpose Amount 06/30/10 115521 PGE& CMF/PPC Grant Fund - CIP Streets Public Works De Anza Trail Easement Reissue of Ck #115521 21,000.00 07/01/10 115549 WV Sanitation Dept. General Public Works Clean Water Program Fees 07/01/09 - 02/28/10 119,805.76 07/08/10 None (P13) - 07/08/10 None (P1) - The following are Accounts, Payable checks that were voided : AP Date Check No. Issued to Description Amount 06/30/10 115488 Card Services Void - No Reissue (750.00) 06/30/10 115502 HydroTec Void - Reissue (3,222.05) 06/30/10 115529 State of CA - Dispursement Dept. Void - No Reissue (176.76) 07/01/10 None - 07/08/10 115565 None - Printer Issue Void - No Reissue - 07/08/10 115566 None - Printer Issue Void - No Reissue - SUBJECT: Review of Accounts Payable Check Registers REPORT SUMMARY: SARATOGA CITY COUNCIL MEETING DATE: July 21, 2010 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Melanie Whittaker DEPT. DIRECTOR: Mary Furey RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: June 30, 2010 July 01, 2010 (Period 12) July 08, 2010 (Period 13 & Period 1) 41 The following is a list of cash reduction by fund: Fund # Fund Description AP 06/30 AP 07/01 AP 07/08 AP 07/08 Total 111 General 40,151.48 134,379.99 8,522.90 40,438.22 223,492.59 231 Village Lighting 2,748.85 2,748.85 232 Azule Lighting 237.16 237.16 233 Sarahills Lighting 251.82 251.82 251 McCartysville Landscape 17.16 17.16 252 Prides Crossing Landscape 31.63 31.63 253 Saratoga Legends Landscape 230.10 230.10 255 Tricia Woods Landscape 8.57 8.57 271 Beauchamps Landscape 52.60 52.60 272 Bellgrove Landscape 562.21 114.49 676.70 273 Gateway Landscape 545.70 536.24 1,081.94 274 Horseshoe Landscape/Lighting 8.87 8.87 275 Quito Lighting 1,097.69 1,097.69 411 CIP Street Projects 1,538.21 1,126.80 1,927.71 4,592.72 412 CIP Parks Projects 1,372.80 1,372.80 2,745.60 431 Grant Fund - CIP Streets 21,000.00 5,440.00 26,440.00 611 Liability/Risk Mgt 469.88 469.88 612 Workers' Comp 895.00 895.00 621 Office Stores Fund 797.44 190.37 974.48 1,962.29 622 Information Technology 1,274.04 155.33 3,479.39 4,908.76 623 Vehicle & Equipment Maint 3,283.68 2,095.00 5,378.68 624 Building Maintenance 7,769.01 267.50 2,978.01 11,014.52 632 IT Equipment Replacement 1,175.44 1,175.44 711 Library Capital Improvement 1,352.00 1,352.00 TOTAL 82,748.92 144,665.70 9,652.71 53,803.24 290,870.57 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format H h O O O O O O h N lD 0 O 00 N 0 O O O O rl O O O O ri 00 O M M O M O N O O O O rl Lfl LI7 Lfl LI7 LI7 h h h l d� O (b N O h (b (b Ol Ol O Ol rl N rl O h 0 . . . . . . . . . . . . . . . . . . . . . . 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H w FC 000 N O 0 H H H H H H H H g H HH g H 1 H a' H FC FC FC H Z a U 0 H H H H H H H H P H H H H H H H H H H H H g H W 0 FC H H H H H H H H O H H H O H H H O H 0 0 0 UI 121 H CJ] g 0 HHHHHHHHH H HHH H HHH H H H H O H Lfl Lfl Lfl MEETING DATE: July 21, 2010 DEPARTMENT: City Manager's Office PREPARED BY: Crystal Morrow Administrative Analyst II RECOMMENDED ACTION: BACKGROUND: SARATOGA CITY COUNCIL Page 1 of 2 54 AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Barbara Powell Assistant City Manager SUBJECT: Resolution in Support of Congressional Action Regarding Property Assessed Clean Energy (PACE) Programs Accept report, approve the resolution in support of congressional action regarding PACE programs, and authorize the Mayor to sign a letter on behalf of the City Council in support of congressional action on PACE programs. In December 2009, the City Council approved a resolution to join the CaliforniaFIRST pilot program. CaliforniaFIRST is a turnkey PACE program that finances clean energy retrofits and improvements. Property owners pay for their improvements through their property taxes. In January, the California Energy Commission awarded State Energy Program funds to CaliforniaFIRST to cover the start up costs for cities participating in the CaliforniaFIRST pilot program. On July 6, 2010, the Federal Housing Finance Agency (FHFA) issued a statement that said senior PACE liens are in violation of their standard mortgage contracts. Consequently, most PACE programs throughout the United States have been placed on hold pending resolution of the conflict between federally regulated loan programs (Fannie Mae and Freddie Mac) and residential PACE financing. In response, the CaliforniaFIRST team is actively engaged in efforts to resolve the problem. More specifically, the CaliforniaFIRST team has joined a nationwide PACE consortium to initiate legislative action to mitigate the position of the FHFA and has encouraged local governments to pass resolutions supporting congressional action regarding PACE programs before Congress goes on recess in September. CaliforniaFIRST is also requesting that local governments send letters of support for congressional action on this matter. A draft letter is attached. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga for passing the attached resolution or authorizing the Mayor to sign the letter of support. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Council will not pass a resolution in support of congressional action on PACE programs or authorize the Mayor to sign a letter of support on behalf of the City Council. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution in Support of Congressional Acton Regarding PACE Programs Attachment B: Draft Letter of Support for Congressional Action on PACE Programs Attachment C: FHFA Statement on PACE Programs Page 2 of 2 55 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF CONGRESSIONAL ACTION REGARDING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS WHEREAS, residential and commercial buildings consume nearly 40% of all electricity and are responsible for 40% of U.S. annual carbon dioxide emissions; and WHEREAS, investing in cost - effective energy efficiency and renewable energy improvements to homes and businesses can save energy, cut utility bills, create thousands of local jobs, reduce reliance on fossil fuels, and dramatically reduce greenhouse gas emissions; and WHEREAS, the upfront cost of investing in energy efficiency and potentially long payback periods prevent property owners from making otherwise cost - effective clean energy improvements; and WHEREAS, Property Assessed Clean Energy (PACE) financing programs are an innovative local government solution to help property owners finance energy efficiency and renewable energy improvements — such as energy efficient boilers, upgraded insulation, new windows, solar installations, etc. — to their homes and businesses; and WHEREAS, twenty -two states have passed laws enabling local governments to develop PACE programs; and WHEREAS, the White House and the U.S. Department of Energy strongly support PACE, have dedicated 150 million to develop local PACE programs and issued guidelines to ensure that PACE programs meet safety soundness requirements and adequately protect both bond buyers and property owners; and WHEREAS, despite PACE's great promise, the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency (OCC) on July 6th issued statements that immediately forced existing PACE programs to halt operations and froze the development of dozens of PACE programs nationwide. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saratoga urges the California congressional delegation to support legislation that clearly guarantees local governments the right to assess special taxes for clean energy programs and restore the promise of PACE. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21 day of July 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ann Sullivan, City Clerk 56 Kathleen M. King, Mayor Incorporated Oclober22,1 E6 July 21, 2010 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • United States Senator Barbara Boxer United States Senator Dianne Feinstein The Honorable Christopher J. Dodd, Chairman Sen. Richard C. Shelby, Ranking Member Senate Banking Committee The Honorable Jeffrey Bingaman, Chairman Sen. Lisa Murkowski, Ranking Member Energy & Natural Resources U. S. Senate Washington, DC 20510 Dear members of Congress: Congresswoman Anna Eshoo The Honorable Barney Frank, Chairman Spencer Bachus, Ranking Member House Committee on Financial Services www.saratoga.ca.us The Honorable Henry Waxman, Chairman Rep. Joe Barton, Ranking Member Energy & Commerce Committee U.S. House of Representatives Washington, D.C. 20515 COUNCIL MEMBERS: Manny Cappello Jill Hunter Kathleen King Howard Miller Chuck Page I am writing on behalf of the Saratoga City Council to ask you to support legislation that guarantees local government the right to establish clean energy programs, known as Property Assessed Clean Energy (PACE). PACE is a local government solution that helps home and building owners finance energy efficiency and renewable energy improvements and is supported by a century of legal and historical precedent for special assessment districts, including more than 37,000 districts that have been used to finance sewers, sidewalks, and other projects that serve a public purpose. We strongly believe that recent actions by federal regulators infringe upon state's rights to utilize assessment districts and that PACE is good for our nation's housing industry and mortgage investors. The regulators disagree. We must protect our state's rights and let the facts and data from our nation's PACE pilot programs determine who is correct. We urge you to support legislation that will allow our nation's PACE pilot programs to proceed. 57 In just the past two years, twenty -two states have passed laws enabling local governments to develop PACE programs (CA, CO, FL, GA, IL, LA, ME, MD, MN, MO, NV, NH, NM, NY, NC, OH, OK, OR, TX, VT, VA, WI). State and local governments have embraced PACE because of its tremendous potential to cut energy bills, increase homeowner cash flow for mortgage payments, reduce mortgage default risk, create tens of thousands of local jobs and dramatically reduce greenhouse gas emissions by spurring investment in clean energy improvements. PACE has received strong bipartisan support nationwide - in red states and blue states - because creating jobs, saving energy and reducing utility bills for families and businesses is important to all Americans. Our nation's PACE programs were set to launch a 24 month pilot period this summer, funded by $150 million in grants from the Department of Energy, incorporating safety and soundness consumer and lender protections that were developed by a White House led inter - agency working group consisting of HUD, NEC, OMB, CEQ and DOE. Unfortunately, despite PACE's great promise, the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency (OCC, collectively the "Regulators ") issued recent statements blocking our nation's PACE pilot programs. The Regulators action is a direct challenge to state's rights to levy tax assessments for a public purpose and wrongly asserts that the consumer and lender protections were not sufficient. The DOE funded PACE programs have been specifically designed to help the mortgage market yet the Regulators statements simply rehashed old concerns that were cured. Because of FHFA's oversight of Fannie Mae and Freddie Mac, and OCC's influence over our nation's banks, the statements forced existing PACE programs to halt and froze the ability to launch PACE programs already under development nationwide. Congress, which chartered Fannie Mae and Freddie Mac, and which established FHFA & OCC, must quickly intervene to pass legislation that guarantees the right of state and local government to form special assessment districts to promote clean energy programs and restore the promise of PACE. Sincerely, Mayor Kathleen M. King City of Saratoga cc: Ben Bernanke, Chairman, US Federal Reserve; Ed DeMarco, Acting Director, FHFA; Tim Geithner, Secretary of the Treasury, US Treasury Department; Sheila C. Bair, Chairman, FDIC; John C. Dugan, Comptroller of the Currency, OCC 58 July 6, 2010 FEDERAL HOUSING FINANCE AGENCY STATEMENT For Immediate Release Contact: Corinne Russell Stefanie Mullin FHFA Statement on Certain Energy Retrofit Loan Programs 59 (202) 414 -6921 (202) 414 -6376 After careful review and over a year of working with federal and state government agencies, the Federal Housing Finance Agency (FHFA) has determined that certain energy retrofit lending programs present significant safety and soundness concerns that must be addressed by Fannie Mae, Freddie Mac and the Federal Home Loan Banks. Specifically, programs denominated as Property Assessed Clean Energy (PACE) seek to foster lending for retrofits of residential or commercial properties through a county or city's tax assessment regime. Under most of these programs, such loans acquire a priority lien over existing mortgages, though certain states have chosen not to adopt such priority positions for their loans. First liens established by PACE loans are unlike routine tax assessments and pose unusual and difficult risk management challenges for lenders, servicers and mortgage securities investors. The size and duration of PACE loans exceed typical local tax programs and do not have the traditional community benefits associated with taxing initiatives. FHFA urged state and local governments to reconsider these programs and continues to call for a pause in such programs so concerns can be addressed. First liens for such loans represent a key alteration of traditional mortgage lending practice. They present significant risk to lenders and secondary market entities, may alter valuations for mortgage- backed securities and are not essential for successful programs to spur energy conservation. While the first lien position offered in most PACE programs minimizes credit risk for investors funding the programs, it alters traditional lending priorities. Underwriting for PACE programs results in collateral -based lending rather than lending based upon ability -to -pay, the absence of Truth -in- Lending Act and other consumer protections, and uncertainty as to whether the home improvements actually produce meaningful reductions in energy consumption. Efforts are just underway to develop underwriting and consumer protection standards as well as energy retrofit standards that are critical for homeowners and lenders to understand the risks and rewards of any energy retrofit lending program. However, first liens that disrupt a fragile housing finance market and long- standing lending priorities, the absence of robust underwriting standards to protect homeowners and the lack of energy retrofit standards to assist homeowners, appraisers, inspectors and lenders determine the value of retrofit products combine to raise safety and soundness concerns. On May 5, 2010, Fannie Mae and Freddie Mac alerted their seller - servicers to gain an understanding of whether there are existing or prospective PACE or PACE -like programs in jurisdictions where they do business, to be aware that programs with first liens run contrary to the Fannie Mae - Freddie Mac Uniform Security Instrument and that the Enterprises would provide additional guidance should the programs move beyond the experimental stage. Those lender letters remain in effect. Today, FHFA is directing Fannie Mae, Freddie Mac and the Federal Home Loan Banks to undertake the following prudential actions: 1. For any homeowner who obtained a PACE or PACE -like loan with a priority first lien prior to this date, FHFA is directing Fannie Mae and Freddie Mac to waive their Uniform Security Instrument prohibitions against such senior liens. 2. In addressing PACE programs with first liens, Fannie Mae and Freddie Mac should undertake actions that protect their safe and sound operations. These include, but are not limited to: - Adjusting loan -to -value ratios to reflect the maximum permissible PACE loan amount available to borrowers in PACE jurisdictions; - Ensuring that loan covenants require approval /consent for any PACE loan; - Tightening borrower debt -to- income ratios to account for additional obligations associated with possible future PACE loans; - Ensuring that mortgages on properties in a jurisdiction offering PACE -like programs satisfy all applicable federal and state lending regulations and guidance. Fannie Mae and Freddie Mac should issue additional guidance as needed. 3. The Federal Home Loan Banks are directed to review their collateral policies in order to assure that pledged collateral is not adversely affected by energy retrofit programs that include first liens. Nothing in this Statement affects the normal underwriting programs of the regulated entities or their dealings with PACE programs that do not have a senior lien priority. Further, nothing in these directions to the regulated entities affects in any way underwriting related to traditional tax programs, but is focused solely on senior lien PACE lending initiatives. FHFA recognizes that PACE and PACE -like programs pose additional lending challenges, but also represent serious efforts to reduce energy consumption. FHFA remains committed to working with federal, state, and local government agencies to develop and implement energy retrofit lending programs with appropriate underwriting guidelines and consumer protection standards. FHFA will also continue to encourage the establishment of energy efficiency standards to support such programs. # ## The Federal Housing Finance Agency regulates Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks. These government- sponsored enterprises provide more than $5.9 trillion in funding for the U.S. mortgage markets and financial institutions. 60 MEETING DATE: July 21, 2010 DEPARTMENT: City Manager's Office PREPARED BY: Crystal Morrow Administrative Analyst II SUBJECT: Resolution Supporting Proposition 21, the State Parks and Wildlife Conservation Trust Fund RECOMMENDED ACTION: Accept report and decide whether to approve the attached resolution supporting Proposition 21, which would establish the State Parks and Wildlife Conservation Trust Fund. BACKGROUND: SARATOGA CITY COUNCIL AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Barbara Powell Assistant City Manager At the July 7, 2010 City Council meeting, Council agreed to add the California State Parks Initiative to the July 21, 2010 meeting agenda. Proposition 21, the California State Parks Initiative, is slated for the November 2, 2010 statewide ballot and if approved will establish the State Parks and Wildlife Conservation Trust Fund. This fund will act as a dedicated funding stream for state parks and natural resources to protect them from the annual cuts made during the annual state budgeting process. If Proposition 21 is passed by voters, an $18 fee will be added to annual vehicle licensing fee to finance the State Parks and Wildlife Conservation Trust Fund. The fee will apply to most California vehicles, except large commercial vehicles, mobile homes, or permanent trailers. In exchange for the $18 annual fee, California residents will have free year -round day use admission to all state parks. Additionally, supporters of Proposition 21 have indicated that creating a dedicated funding source will free up $130 million in the state's general fund that is currently allocated for state parks. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga for supporting Proposition 21. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Council will not pass a resolution in support of Proposition 21, the California State Parks Initiative. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution in support of Proposition 21, the California States Park Initiative Attachment B: Proposition 21 local government fact sheet Attachment C: Proposition 21 list of supporters Page 2 of 2 62 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING PROPOSITION 21, THE STATE PARKS AND WILDLIFE CONSERVATION TRUST FUND ACT OF 2010 WHEREAS, California's parks, once considered the best in the nation, are suffering from significant infrastructure problems due to chronic underfunding. Additionally, nearly 150 state parks have been shut down part-time or suffered deep service reductions because of budget cuts, and more park closure proposals and budget cuts are expected this year; and WHEREAS, Proposition 21 would establish the State Parks and Wildlife Conservation Trust Fund, which would provide a stable, reliable, and adequate source of funding for the state park system, for wildlife conservation and for increased and equitable access to those resources for all Californians; and WHEREAS, Funding for the Trust Fund would come from an $18 annual State Park Access Pass surcharge on all California cars, motorcycles, and recreational vehicles that would be collected by the Department of Motor Vehicles as part of the annual license fee; and WHEREAS, California vehicles subject to the State Park Access Pass surcharge and all occupants of those vehicles would receive free day use admission to all state parks throughout the year; and WHEREAS, parks contribute to public health by protecting forests and natural areas that are sources of clean air and water by combating climate change by reducing greenhouse gases; and WHEREAS, parks protect the state's wide diversity of plants and animals, preserve an unparalleled collection of historic and cultural assets and provide exciting educational opportunities for young and old alike; NOW, THEREFORE, BE IT RESOLVED, that the City Council supports the State Parks and Wildlife Conservation Trust Fund Act of 2010. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21s day of July 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ann Sullivan, City Clerk 63 Kathleen M. King, Mayor Why Local Governments Support Proposition 21 California's 278 state parks are priceless public assets, important economic engines, much - needed recreational outlets and a vital legacy for our children and grandchildren. Budget cuts are starving state parks, causing them to fall severely behind in needed maintenance and repairs. Twice in the past two years, state parks were on the brink of being shut down. Last year, nearly 150 state parks were shut down part -time or suffered deep service reductions because of budget cuts, and more park closure proposals and budget cuts are expected this year. Prop. 21, slated for the Nov. 2 statewide ballot, will create the State Parks and Wildlife Conservation Trust Fund. The measure will establish a dedicated and reliable funding stream for state parks and natural resources to ensure they can be enjoyed for generations to come. In exchange for free year -round day -use admission to all state parks, Californians will pay an $18 fee as part of the annual vehicle license fee (except for larger commercial vehicles, mobile homes and permanent trailers) to support state parks. State Parks Contribute to the Local Economy • Every year, California's 278 state parks attract millions of tourists, who spend $4.32 billion annually in park - related expenditures. A recent study found that state park visitors spend an average of $57.63 in neighboring communities each visit. Visitors generate so much local economic activity that every dollar spent on state parks creates another $2.35 for California's treasury. Prop. 21 Restores Vital Money to California's General Fund • With a new dedicated revenue stream in place, more than $130 million of General Fund dollars — that provide a portion of overall state park funding — will now be available for other vital needs that impact local government services and funding, including education, health care, social services and public safety. State Parks Bring Recreational and Educational Benefits to Local Communities • In addition to the economic benefit of increased tourism, local communities benefit greatly from the assets of the California state park system. The state parks give local residents a place to enjoy a wide variety of outdoor recreational opportunities, as well as learn about the state's history, culture and natural resources. A state park nearby means that families, schools and others have a year -round playground and classroom to explore. Yet without a reliable source of funding, these important resources could be lost forever. Prop. 21 Provides Funding to Local Government • Prop. 21 provides grants to local government agencies that administer /manage state parks so that those agencies will continue to receive the day -use fees they currently collect. With this protection, local agencies will be able to continue to keep the state parks in their community open to the public. • Prop. 21 will provide dedicated funding to local public agencies and conservancies for parks and wildlife conservation efforts. Broad Coalition Supporting Prop. 21 • Supporters of Prop 21 include The Nature Conservancy, local elected officials throughout California, Public Health Institute, California Action for Healthy Kids, California State Conference of the NAACP, California Teachers Association, California Federation of Teachers, Sierra Club California, Audubon California, Save the Redwoods League, Peninsula Open Space Trust, California Travel Industry Association, California Lodging Industry Association, The Trust for Public Land, California State Lifeguard Association and the California State Parks Foundation. Join the effort to save California's state parks today! www.YesForState Pa rks. com Yes on 21, Californians for State Parks and Wildlife Conservation, sponsored by conservation and state AC organizations. FPPC ID# 1322009 Proposition 21— The State Parks and Wildlife Conservation Trust Fund Act of 2010 Supporters List Conservation Organizations Altacal Audubon Society American Land Conservancy American River Conservancy Audubon California Ballona Institute Batiquitos Lagoon Foundation Bay Area Open Space Council Bay Area Mycological Society Bay Nature Big Sur Land Trust Bolsa Chica Land Trust California Council of Land Trusts California Fish and Game Commission California League of Conservation Voters California Native Plant Society California Outdoor Heritage Alliance California ReLeaf California Wilderness Coalition Coastside Land Trust The Conservation Fund Defenders of Wildlife Earth Resource Foundation Endangered Habitats League Environment California Environmental Priorities Network Forests Forever Fresno Audubon Society Friends of the Los Angeles River Friends, Artists and Neighbors of Elkhorn Slough Greenbelt Alliance Golden Gate Audubon Society Hills For Everyone Laguna Canyon Foundation Laguna Greenbelt, Inc. Lake County Land Trust LandPaths Land Trust of Napa County Land Trust of Santa Cruz County Lompico Watershed Conservancy Los Angeles Conservancy 65 (more) Los Angeles Neighborhood Land Trust Literacy for Environmental Justice Marin Conservation League Mendocino Land Trust Midpeninsula Regional Open Space District Mono Lake Committee Morro Coast Audubon Society Mt. Shasta Area Audubon Society Muir Heritage Land Trust Napa County Regional Park and Open Space District Napa - Solano Audubon Society National Trust for Historic Preservation National Wildlife Federation Natural Resources Defense Council The Nature Conservancy Nisene 2 Sea Northcoast Regional Land Trust North East Trees Palos Verdes Peninsula Land Conservancy Palos Verdes /South Bay Audubon Society Pasadena Audubon Society Peninsula Open Space Trust Peregrine Audubon Society Piercy Watersheds Association Planning and Conservation League Point Lobos Foundation Redbud Audubon Society Redwood Coast Land Conservancy Redwood Region Audubon Society San Bernardino Valley Audubon Society San Diego Audubon Society San Diego Conservation Resources Network San Joaquin River Parkway and Conservation Trust Sanctuary Forest Santa Barbara Audubon Society Save the Redwoods League Sempervirens Fund Sequoia Audubon Society Sierra Club California Sierra Club Lake Group Sierra Club Redwood Chapter The Sierra Fund Solano Land Trust Sonoma County Conservation Action Sonoma Land Trust Student Conservation Association Treehuggers International Tri -City Ecology Center The Trust for Public Land Tuolumne River Preservation Trust Parks Organizations Angel Island Association Anza - Borrego Foundation California League of Park Associations Crystal Cove Alliance California State Parks Foundation Campaign to Save Topanga State Park Central Coast Natural History Association Chino Hills State Park Interpretive Association Citizens for East Shore Parks Clear Lake State Park Interpretive Association Cuyamaca Rancho State Park Interpretive Association Doheny State Beach Interpretive Association Fort Ross Interpretive Association Friends of Santa Cruz State Parks Half Moon Bay Parks and Recreation Commission Jack London Lake Alliance Mendocino Area Parks Association Mt. San Jacinto Natural History Association Mt. Tama!pais Interpretive Association Coastal and Ocean Organizations Bay Access California Coastkeeper Alliance CalOceans Coastwalk California Friends of Harbors, Beaches, and Parks Heal the Bay Monterey Bay Aquarium Monterey Coastkeeper Ocean Conservancy Oceana Pelican Network San Mateo County League for Coastside Protection Ventura Hillsides Conservancy Volcan Mountain Preserve Foundation Volunteers for Outdoor California Wetlands Defense Fund The Wilderness Society The Wildlands Conservancy Wintu Audubon Society WiserEarth Yosemite Area Audubon Society North Coast Redwood Interpretive Association People for Parks Pine Ridge Association Plumas- Eureka State Park Association Red Rock Canyon Interpretive Association San Mateo Coast Natural History Association Santa Barbara Trust for Historic Preservation Santa Cruz Rivers and Parks Save Mount Diablo Sierra State Parks Foundation Siskiyou Gardens, Parks and Greenways Association Sonoma Petaluma State Historic Parks Association Stewards of the Coast and Redwoods Topanga Canyon Docents Torrey Pines Association Torrey Pines Docent Society Valley of the Moon Natural History Association Virginia Association for Parks Waddel Creek Association Will Rogers Ranch Foundation Save Our Shores Save the Bay Surfers' Environmental Alliance Surfrider Foundation Surfrider Foundation, Surfrider Foundation, Surfrider Foundation, Surfrider Foundation, Surfrider Foundation, Surfrider Foundation, Surfrider Foundation, The Otter Project Newport Beach Chapter San Diego County Chapter Santa Barbara Chapter Santa Cruz Sonoma Coast South Orange County West LA /Malibu Chapter WiLDCOAST Business, Hospitality and Tourism Organizations Adventure 16 All Dot Visuals All Protection Services ARO By Design Cabaline Country Emporium California Lodging Industry Association California Parks Company California Parks Hospitality Association California Travel Industry Association Charlie Hong Kong Cloverdale Travel Current Adventures Kayaking Campbell Brothers Confusion Hill, LLC El Dorado County Chamber of Commerce Fairway Dunes Condominium Association Fiesta De Reyes Gaia Graphics and Associates Global Possibilities Good Karma Cafe Half Moon Bay Coastside Chamber of Commerce Visitors' Bureau Hotshot Imaging Horny Toad Activewear, Inc. Law Offices of Margaret Draper Integrative Health Care Judith's Herbals & Sundries Latino Organizations Anahuak Youth Sports Association Casa Nicaragua Dolores Huerta Foundation Hermandad Mexicana Latinoamericana Latino Health Access League of United Latin American Citizens #3136 Public Safety Organizations California Fish and Game Wardens' Association California State Lifeguard Association California State Park Rangers Association Kayaking.com Mendocino Coast Chamber of Commerce Outdoor Industry Association Organic Ag Advisors Patagonia Point Reyes Seashore Lodge Ricochet Ridge Ranch Russian River Chamber of Commerce Sacramento Convention & Visitors Bureau Santa Barbara Conference and Visitors Bureau Santa Cruz County Conference and Visitors Council Sierra Business Council Sonoma Valley Chamber of Commerce Sonoma Valley Visitors Bureau Stephen Lubin Company Submersive Films, LLC Tahoe Mountain Sports The Sun Runner Magazine The Lurie Company & The River Store, Inc. Tomales Bay Resort Topanga Chamber of Commerce Trail Training Versa Tile Visit Mendocino County Inc. (Mendocino Official Travel Site) Mexican American Political Association Mujeres de la Tierra National Hispanic Environmental Council Prelado de los Tesoros Urban Semillas William C. Velasquez Institute County Coastal Law Enforcement Action Network (CLEAN) Huntington Beach State Lifeguard Association State Park Peace Officers Association of California Labor Organizations AFSCME California PEOPLE California Federation of Teachers California Nurses Association Senior Citizen Organizations Concerned Off -Road Bicyclists Association GrayBears, Retired California State Park Professionals Public Health Organizations California Action for Healthy Kids California Center for Public Health Advocacy California Nurses Association California Public Health Association -North Education Organizations California Federation of Teachers California Teachers Association Camino Real Naturalists & Historical Interpreters League of California Afterschool Providers Children's Organizations After - School All -Stars Greater San Diego Boy Scouts of America Children's Nature Institute African American Organizations Entertainment Organizations Humboldt Film Commission Location Managers Guild of America Mendocino County Film Office 68 (more) California Teachers Association CA /NV Conference of Operating Engineers Outdoor Recreation Organizations Foothill Hikers International Mountain Bicycling Association Mountain Bikers of Santa Cruz Public Health Institute Prevention Institute Southern California Public Health Association Pacifica School District Science and Environmental Education Development California State Conference of the National Association for the Advancement of Colored People (NAACP) Black Women Organized for Political Action National Black Contractors Association Regional Black Chamber of Commerce SFV Monterey County Film Commission Santa Barbara Film Commission Santa Cruz County Film Commission Faith -Based Organizations Orange County Interfaith Coalition for the Environment Community and Political Organizations ArtBeat of Los Angeles California Association of Local Conservation Corps California College Democrats California Young Democrats Coastside Democrats Community Action of Ventura County, Inc. Regional and Local Government County of Mendocino County of Santa Cruz City of Berkeley City of Capitola City of Fort Bragg City of Hermosa Beach City of Oakley City of Santa Cruz City of Sonoma Redwood City Parks, Recreation and Community Services Department Supervisor Judy Arnold, County of Marin Supervisor Salud Carbajal, County of Santa Barbara Supervisor Effren Carrillo, County of Sonoma Supervisor Neal Coonerty, County of Santa Cruz Supervisor Greg Cox, County of San Diego Supervisor Doreen Farr, County of Santa Barbara Supervisor Ellen Pirie, County of Santa Cruz Supervisor Alice Lai - Bitker, County of Alameda Supervisor John Leopold, County of Santa Cruz Supervisor Linda Seifert, County of Solano Supervisor Pam Slater- Price, County of San Diego Supervisor Mark Stone, County of Santa Cruz Supervisor Denise Rushing, County of Lake Supervisor Ken Yeager, County of Santa Clara Councilmember Shane Brinton, City of Arcata Councilmember Steve Cohn, City of Sacramento State Government Officials Assemblymember Tom Ammiano Assemblymember Julia Brownley 69 (more) Veterans Organizations Military Order of the Purple Heart Folsom Trail Runners Los Angeles Conservation Corps Pacific Energy Policy Center Republicans for Environmental Protection, California Chapter Trail Runners Club Councilmember Gary DeLong, City of Long Beach Councilmember G. Wayne Eggleston, City of San Clemente Councilmember Grant House, City of Santa Barbara Councilmember Paul Koretz, City of Los Angeles Councilmember Robert Lieber, R.N., City of Albany Councilmember Chris Mac Arthur, City of Riverside Councilmember Charles E. Marsaca, City of Atherton Councilmember Thomas Martin, City of Maywood Councilmember Owen Newcomer, City of Whittier Councilmember Jan Perry, City of Los Angeles Councilmember Bill Quirk, City of Hayward Councilmember Ed Reyes, City of Los Angeles Councilmember Miguel Ucovich, Town of Loomis Councilmember David Weinsoff, Town of Fairfax Councilmember Das Williams, City of Santa Barbara Councilmember Kriss Worthington, City of Berkeley Councilmember Peter S. Yao, City of Claremont Mayor Luis Aguinaga, City of South El Monte Mayor pro Tem Ken Gray, City of Marina Mayor Elizabeth Patterson, City of Benicia Mayor Ron Loveridge, City of Riverside Mayor Helene Schneider, City of Santa Barbara Mayor Laurene Weste, City of Santa Clarita Former Mayor Yoriko Kishimoto, City of Palo Alto Assemblymember Wesley Chesbro Assemblymember Joe Coto Assemblymember Hector De la Torre Assemblymember Noreen Evans Assemblymember Mike Feuer Assemblymember Paul Fong AssemblymemberJerry Hill AssemblymemberJared Huffman Assemblymember Bill Monning Assemblymember Pedro Nava Assemblymember Ira Ruskin Former Assemblymember John Laird Senator Ellen Corbett Senator Denise Moreno Ducheny Federal Government Officials Congressman Brad Sherman Senator Loni Hancock Senator Christine Kehoe Senator Mark Leno Senator Jenny Oropeza Senator Fran Pavley Senator Joe Simitian Senate President pro Tem Darrell Steinberg Senator Patricia Wiggins Senator Leland Yee Former Senator Byron Sher State Superintendent of Public Instruction Jack 0' Connell For more Information on the proposed ballot measure, please call 818.760.2121 or visit www.YesForStateParks.com www.YesForState Pa rks. com Yes on 21, Californians for State Parks and Wildlife Conservation, sponsored by conservation and state pars organizations. FPPC ID# 1322009 MEETING DATE: July 21, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Resolution Amending Council Agency and Adhoc Committee Liaison Assignments RECOMMENDED ACTION(S): Adopt resolution amending Resolution 10 -038 appointing Council representatives to Committees, Agencies and Adhoc Committees. REPORT SUMMARY: SARATOGA CITY COUNCIL On June 7, 2010, Council appointed a new councilmember to fill the unexpired term of Councilmember Susie Nagpal. On June 16, 2010, Council adopted Resolution 10 -038 amending Resolution 10 -008, which was adopted by Council on December 1, 2009, in order to provide the new councilmember, Manny Cappello, an opportunity to be an agency /committee representative for the City of Saratoga. At the July 7, 2010, Council meeting, Council requested staff to add three new Adhoc Committees to the Council Agency /Committee Assignment list: Tree Adhoc, Initiative Adhoc, and Susie's Garden Adhoc. The following changes to the Council Agency and Adhoc Committee Assignment list have been requested by the Mayor and are reflected in the attached resolution: Agency /Adhoc Committee Councilmember Alternate /Second Member Tree Adhoc Jill Hunter Manny Cappello Initiative Adhoc Howard Miller Chuck Page Susie's Garden Adhoc Jill Hunter Kathleen King FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): 71 Council Agency and Ad hoc Committee Liaison Assignment list would remain the same and would not reflect the three new Adhoc Committee assignments. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Update Council Agency Assignment list on City website and retain amended resolution as the new Council Agency Assignment record. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Proposed Resolution Amending Resolution No.10 -038 2 of 2 72 and WHEREAS, representatives from the City Council serve on various committees, agencies, and Adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members; and WHEREAS, on July 7, 2010, Council requested staff to add three new Adhoc committees to the Council Agency /Committee assignment list; and WHEREAS, the three new Adhoc committees are: Tree Adhoc, Initiative Adhoc, and Susie's Garden Adhoc. NOW, THEREFORE, BE IT RESOLVED that the following changes be made to the Council Agency /Committee assignment list. These changes expire December 2010, or until revised. Agency /Adhoc Committee Councilmember Alternate /Second Member Tree Adhoc Jill Hunter Manny Cappello Initiative Adhoc Howard Miller Chuck Page Susie's Garden Adhoc Jill Hunter Kathleen King The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 21 day of July 2010, by the following vote: AYES: NOES: AB STAIN: AB SENT: ATTEST: WHEREAS, the City Council reorganized on December 1, 2009 for the coming year; RESOLUTION NO. 10 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 10 -038 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND ADHOC COMMITTEES Ann Sullivan, City Clerk 73 Kathleen M. King, Mayor Agency Councilmember Alternate /Second Member * Association of Bay Area Government King Hunter Chamber of Commerce Cappello Hunter County HCD Policy Committee Cappello King Hakone Foundation Board Hunter King * Hakone Foundation Executive Committee King N/A Historical Foundation Hunter Cappello KSAR Community Access TV Board Miller Hunter Library Joint Powers Association Hunter Cappello West Valley Flood Control & Watershed Advisory Committee King Hunter Santa Clara Valley Water District Commission Page Hunter Santa Clara County Cities Association Miller King SCC Cities Association Selection Committee King Miller Santa Clara County Emergency Council Cappello King Saratoga Ministerial Association Page King * SASCC Cappello Hunter * Sister City Liaison Cappello Hunter West Valley Solid Waste Joint Powers Association Miller King Valley Transportation Authority PAC Miller King West Valley Sanitation District Page Cappello West Valley Mayors and Managers Association King Hunter City School Ad -Hoc Page Miller * Council Finance Committee Page Miller * Highway 9 Adhoc Miller Cappello * Initiative Adhoc Miller Page * Susie's Garden Adhoc Hunter King * Tree Adhoc Hunter Cappello * Village Ad -Hoc Hunter Cappello * (Both members are required to attend meetings) 74 MEETING DATE: DEPARTMENT: PREPARED BY: RECOMMENDED ACTION: REPORT SUMMARY: SARATOGA CITY COUNCIL July 21, 2010 AGENDA ITEM: Public Works CITY MANAGER: Dave Anderson Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer SUBJECT: Trail Easement Relocation — 21789 Villa Oaks Lane 1. Accept Offer to Dedicate Trail Easement being partially relocated on the property known as 21789 Villa Oaks Lane (APN 503 -78 -036). 2. Approve summary vacation /abandonment of a portion of the existing trail easement on the same property. 3. Adopt Resolution Accepting Offer to Dedicate Trail Easement and Vacating Portion of Existing Trail Easement. On July 23, 2008 the Planning Commission approved application No. PDR07 -0012 for addition to an existing residence located on 21789 Villa Oaks Lane. One of the conditions of approval requires that applicant relocate a portion of the existing pedestrian- equestrian trail on the property or remove existing wrought iron fence within the easement. The owner selected the option to relocate a portion of the existing pedestrian and equestrian trail. The owner completed the trail relocation to the satisfaction of the City staff In order to provide a legal easement for the newly relocated portion of the trail, the owner prepared the attached Offer to Dedicate Trail Easement and is requesting the City to summarily vacate /abandon the portion of the existing trail easement that is no longer needed. A site plan showing both easements is attached. Staff has reviewed the trail easement abandonment request and has determined that the criteria for summary vacation of the trail easement are satisfied and that the Council can act on the request by adopting the attached resolution. The resolution sets forth the findings for approving a summary vacation /abandonment of the trail easement. Additionally, staff reviewed the legal descriptions of both easements and found them to be technically correct. No other easements identified, described or delineated on the referenced property are being vacated by the City at this time. Page 1 of 2 75 It is therefore recommended that City Council accept the Offer to Dedicate Trail Easement and adopt the attached Resolution Accepting Offer to Dedicate Trail Easement and Vacating Portion of Existing Trail Easement. FISCAL IMPACTS: There is no cost associated with accepting the attached Offer to Dedicate Trail Easement and adopting the Resolution. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The relocation of the Pedestrian and Equestrian Trail Easement will not be approved at this time. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The Offer to Dedicate Trail Easement and the Resolution will be recorded by the City Clerk. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Offer to dedicate trail easement with exhibits. 2. Resolution Accepting Offer to Dedicate Trail Easement and Vacating Portion of Existing Trail Easement (with exhibits) 3. Vicinity Map. Page 2 of 2 76 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 OFFER TO DEDICATE PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT 1. BACKGROUND A. Property The undersigned Owner warrants and represents that it is the sole owner in fee simple of the property located at 21789 Villa Oaks Lane in the City of Saratoga, the County of Santa Clara, in the State of California and identified as Parcel 2 on the Parcel Map recorded in Book 692 of Maps at pages 40 and 41 attached hereto as Exhibit "A" (the "Property), Assessor's Parcel Number 503 -78 -036. B. Easement Area The portion of the Property that is subject to this Offer to Dedicate ( "Offer ") is described in attached Exhibit "B" Legal Description and shown on the attached Exhibit "C" Plat to Accompany Legal Description, and is herein referred to as "Easement Area." C. Purpose The purpose of this Offer is to offer to dedicate the Easement Area to the City of Saratoga: (1) a non - exclusive, public, pedestrian and equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; (2) the right of entry described below; and (3) this easement is being offered as a condition of Planning Commission Resolution No. 08 -034 and is intended to relocate the existing trail easement on the Property, and which existing easement will be vacated in exchange for this Offer. D. Consideration The undersigned Owner hereby acknowledges receipt of valuable and adequate consideration for this Offer to grant a trail easement to the City of Saratoga. Trail Easement Offer to Dedicate 77 2. OFFER TO DEDICATE. Owner, for itself, its heirs, successors and assigns, hereby grants and conveys this Offer to grant and convey to the City of Saratoga ( "City ") subject to the conditions, rights, and obligations set forth below, the easements over the Easement Area. 3. OFFER BINDING ON SUCCESSORS IN INTEREST. This Offer affects the title to or possession of the Property. All the terms of this Offer and of the easements granted upon acceptance of this Offer shall be binding upon and burden the Property and shall continue as an interest in, and running with, the land in perpetuity. The terms "Owner" and "City," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the successors, transferees, and assigns of the above -named Owner and City. 4. PUBLIC ACCESS EASEMENT AND RIGHT OF ENTRY. Upon acceptance of this Offer Owner grants and conveys the following easements with respect to the Easement Area: A. A non - exclusive, public, pedestrian and equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; and B. A right of entry by the City of Saratoga, its employees, agents, contractors, volunteers, successors, transferees and assigns to maintain the trail and otherwise address matters of public health, safety, and welfare. The parties agree that these easements are "public easements" granted to a "public entity" within the meaning of California Government Code §831.4, and will be used for "recreational purposes" within the meaning of California Civil Code §846. 5. CONDITION OF EASEMENT AREA. The Easement Area is to be kept open and free from any modifications or improvements or uses that would interfere with the uses contemplated by this Easement. Improvements built by City pursuant to this agreement shall be maintained by City. Any improvements built by Owner shall be maintained by Owner. 6. CITY OBLIGATIONS. A. The trail shall be maintained by City and City shall install signage it detel ines is reasonably necessary to discourage public access to portions of the Property not included in the Easement Area. City shall have the right to temporarily close the trail at any time that City determines that the closure is warranted in order to protect health or safety of the public or Trail Easement Offer to Dedicate 2 78 residents or animals on the Property including, but not limited to, at times of high fire danger, closures of connecting trails, or risk of landslide. B. City shall indemnify, defend and hold harmless Owner, and its respective agents, attorneys, representatives, brokers, advisors and the like, from any and all claims, obligations or liabilities associated with injury or damage to person or property arising out of the City's maintenance and the public's use of the trail, except where such injuries or damages to person or property is caused, in whole or in part, by negligence or fault on the part of the Owner, or an agent or employee of the Owner, or an independent contractor who is directly responsible to the Owner. 7. WARRANTY. Owner warrants to City that: A. The Easement Area is, as of the date this Offer is executed by Owner, free and clear of all liens (with the exception of an existing mortgage) of the Agreement Date and that Owner shall keep it so while the Offer remains open to acceptance and recordation. 13. No one has the legally enforceable right (for example, under a lease, easement or right -of -way agreement in existence as of the date this Offer is executed by Owner) to prevent the use of the Easement area for the purposes contemplated by this Offer and that Owner shall keep it so while the Offer remains open to acceptance and recordation. C. To the best of Owner's knowledge, the Easement Area is not contaminated with materials identified as hazardous or toxic under applicable law and no such materials have been stored or generated within the Easement Area. 8. CONTROLLING LAW. This Offer is made in the State of California and shall be construed and interpreted in accordance with the laws of said state. 9. NOTICES. Any notices required by this Agreement or correspondence between the parties shall be addressed and delivered by first -class mail postage prepaid as follows, unless the parties shall provide written notice of a change to that same address and delivered by that same method: Owner: Balu and Mohini Balakrishnan 21789 Villa Oaks Lane Saratoga, CA 95070 City: John Cherbone, Public Works Director City of Saratoga Trail Easement Offer to Dedicate 3 79 10. ENTIRE AGREEMENT. 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868 -1200 With a copy to (which copy shall not constitute notice): City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 This Agreement together with the Exhibits hereto, each of which are incorporated herein by this reference, constitutes the entire agreement of the parties constituting the Offer to Dedicate. 11. ACCEPTANCE. The undersigned understands that the within Offer can only be accepted by resolution of the City Council of the City of Saratoga and recordation of this instrument shall not and cannot constitute acceptance of the within Offer to Dedicate. IN WITNESS WHEREOF, Owner has duly executed this Offer as of the day and year stated below and the signatory below represents that he has been duly authorized to execute this document. OWNER 15 LAA., a L.— By: 4-ktA; Its: Date: 7-- 15 —Zc9IU (All signatures must be acknowledged before a Notary Public – attach either corporate, individual or partnership notary form.) Trail Easement Offer to Dedicate 4 80 State of California County of Santa Clara On July 15, 2010 before me, L.Basile , Notary Public (here insert name and title of the officer), personally appeared Balu Balakrishnan and Mohini Balakrishnan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L. BASILE Signature (Seal) Commission # 1882599 Notary Public - California Santa Clara County M Comm. Ex ires Mar 13, 2014 . (notary)(12 -07) 81 PARCEL ONE: LEGAL DESCRIPTION EXHIBIT 11A" THE LAND REFERRED TO HEREIN BEL0W S SITUATED ED IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CAUFORNIA AND IS DESCRIBED AS FOLLOWS: All of Parcel 2, as shown on that certain Parcel Map, which Map was fled for record in the office of the Recorder of the County of Santa Clara, State of California on August 13, 1997, in Book 692 of Maps page(s) 40 and 41. EXCEPTING THEREFROM the underground water rights without rights of surface entry as conveyed to San Jose Water Works, a California corporation, by Deed recorded March 16, 1988, in Book K472, Page 890 of Official Records. PARCEL TWO A non exclusive landscaping easement as granted by Deed recorded October 24, 1996, Instrument No. 13495150, described as follows: Beginning at the most Westerly corner of Lot 18 as shown on the amended Tract Map for Tract 7761, recorded in Book 604 of maps, at pages 42 through 44, Santa Clara County Records; thence along the Northerly line of said Lot 18 North 51° 36' 48" East a distance of 201/2 feet; thence South 87° 40' 04" East a distance of 341,64 feet; thence North 56° 33' East a distance of 73.45 feet; thence leaving said lot line South 36° 18' 40" East a distance of 204.01 feet; thence South 16° 47 19" West a distance of 15.57 feet; thence North 74° 49' 38" West a distance of 314.51 feet; thence South 40° 38?' 27" West a distance of 196J2 feet to the Westerly boundary of said Lot 18; thence along said Westerly line North 34° 21' 53" West a distance of 75,74 feet; thence North 81° 14' 09" West a distance of 204.53 feet to the point of beginning. Being a portion of Lot 18 as said lot is shown on the Amended Tract Map of Tract No. 7761 filed August 21, 1989 in Book 604 Maps 42, 43 and 44, Santa Clara County Records. APN: 50378 -036 82 "EXHIBIT B TO OFFER TO DEDICATE EASEMENT" LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, described as follows: Beginning at the most southwesterly corner of Parcel 2 as shown on that certain Parcel Map recorded in Book 692 of Maps at Pages 40 and 41, Santa Clara County Records; Thence along the northerly right of way of Villa Oaks Lane South 69 Degrees 31 Minutes 20 Seconds East a distance of 7.50 feet to the True Point of Beginning of this description and the centerline of a 15 foot wide Pedestrian and Equestrian Easement; thence North 24 Degrees 28 Minutes 41 Seconds East a distance of 100.37 feet; thence North 09 Degrees 28 Minutes 15 Seconds East a distance of 21.66 feet; thence North 41 Degrees 19 Minutes 39 Seconds West a distance of 66.00 feet; thence North 36 Degrees 50 Minutes 59 Seconds West a distance of 169.90 feet to a point on the northwesterly line of said Parcel 2 distant thereon North 40 Degrees 57 Minutes 20 Seconds East a distance of 10.10 feet from the most westerly corner of said parcel 2, said point being the Point of Termination of this description. Containing 5,369 square feet, more or less. 83 SCALE: 1"=100' POINT OF TERMINATION "EXHIBIT C TO OFFER TO DEDICATE EASEMENT" CENTERLINE OF 15' P.E.E. N 36'50'59" W 169.90' 15.00' P. 0.8. !1 = 74= W J7- PARCEL 2 N 72:53'.1 692 M 40,41 2p 8 " 3.308 AC. �Op W A.P.N. 503 -78 -036 N 4119'39" W 66.00' / N 09'28'15" E 21.6 15.00' N 24'28'41' r : : , ; .? o ' lik.�q qks E 100.37' 4� 1 R_ 1 8 7 • �'1G» 1 3� • 3 NOTE: THIS PLAT DOES NOT SHOW ALL EXISTING EASEMENTS LEGEND PROPERTY LINE EASEMENT CENTERLINE P.O.B. P.E.E. 6,=1 0'47'35" R= 160.00' L=30.14' N 20'35'27" E 6.25' POINT OF BEGINNING PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION 4 WESTFALL ENGINEERS, INC. 14583 BIG BASIN WAY SARAT ❑GA, CA 95070 21789 VILLA OAKS LANE SARATOGA, CA 95070 DATE: APRIL 5, 2010 SCALE: 1"=100' JOB NO: 2009 -087 84 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT AND VACATING PORTION OF EXISTING TRAIL EASEMENT WHEREAS, on July 23, 2008 the City of Saratoga Planning Commission passed and adopted Resolution No. 08 -034 approving application No. PDR07 -0012 for addition to an existing residence located on 21789 Villa Oaks Lane (APN 503 -78 -036). Per Condition No. 15 of said Resolution, the Applicant is required to relocate existing pedestrian- equestrian trail easement on the property or remove the existing wrought iron fence within the easement. WHEREAS, the applicant selected the option of relocating the pedestrian and equestrian trail and agreed to dedicate a new pedestrian and equestrian trail easement after the completion of the trail relocation; and WHEREAS, the Owner further agreed to prepare all necessary documents for the recordation of the newly relocated pedestrian and equestrian trail easement and summary vacation/abandonment of the trail easement no longer needed; and WHEREAS, the Owner completed the trail relocation to the satisfaction of the City Engineer; and WHEREAS, the Owner signed the Offer to Dedicate Pedestrian and Equestrian Easement attached hereto as Exhibit A; and WHEREAS, the Owner prepared all necessary documents for the recordation of the relocated trail easement dedication in acceptable form and content including legal description attached hereto as Exhibit B and plat plan attached hereto as Exhibit C; and WHEREAS, the Owner prepared all necessary documents for the recordation of the trail easement vacation/abandonment in acceptable form and content including legal description attached hereto as Exhibit D and plat plan attached hereto as Exhibit E; and 85 WHEREAS, the City Council has determined that the acceptance of the Offer to Dedicate Trail Easement and Vacating Portion of Existing Trail Easement would satisfy Condition No. 15 of the referenced Planning Commission Resolution No. 08 -034 and be in the public interest; and WHEREAS, Streets and Highways Code Section 8333 (c) authorizes summary vacation of a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City has determined that the said trail easement can be classified as a public service easement and it has been superseded by relocation and there are no other public facilities within the easement. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: I. The Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail on property identified as 21789 Villa Oaks Lane (APN 503 -78 -036) as described on the attached Exhibits A, B and C is hereby accepted; and 2. Pursuant to Streets and Highway Code Section 8335 the portion of the preexisting Pedestrian and Equestrian Trail Easement on the same property which is no longer needed because it has been relocated (as described on the attached Exhibits D and E) is hereby summarily vacated/abandoned and from and after the date that this resolution is recorded in the office of the Santa Clara County Recorder, said portion of the preexisting trail easement shall no longer constitute an easement on said property; and 3. The facts under which the summary vacation is made are that the portion of the preexisting easement being hereby vacated has been superseded by relocation and that there are no other public facilities located within the easement; and 4. No other easements identified, described and delineated on this property are abandoned or vacated by the City by virtue of this Resolution; and 5. The City Clerk is hereby authorized and directed to record the attached Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail and the attached Resolution Accepting Offer Dedicating Trail Easement and Vacating Portion of Existing Trail Easement. Passed and adopted on the , 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: 86 AYES: NOES: ABSENT: ABSTAIN: Attest: Ann Sullivan, City Clerk Kathleen King, Mayor City of Saratoga RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 EXHIBIT A TO RESOLUTION OFFER TO DEDICATE PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT 1. BACKGROUND A. Property The undersigned Owner warrants and represents that it is the sole owner in fee simple of the property located at 21789 Villa Oaks Lane in the City of Saratoga, the County of Santa Clara, in the State of California and identified as Parcel 2 on the Parcel Map recorded in Book 692 of Maps at pages 40 and 41 attached hereto as Exhibit "A" (the "Property), Assessor's Parcel Number 503 -78 -036. B. Easement Area The portion of the Property that is subject to this Offer to Dedicate ( "Offer ") is described in attached Exhibit "B" Legal Description and shown on the attached Exhibit "C" Plat to Accompany Legal Description, and is herein referred to as "Easement Area." C. Purpose The purpose of this Offer is to offer to dedicate the Easement Area to the City of Saratoga: (1) a non - exclusive, public, pedestrian and equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; (2) the right of entry described below; and (3) this easement is being offered as a condition of Planning Commission Resolution No. 08-034 and is intended to relocate the existing trail easement on the Property, and which existing easement will be vacated in exchange for this Offer. D. Consideration The undersigned Owner hereby acknowledges receipt of valuable and adequate consideration for this Offer to grant a trail easement to the City of Saratoga. Trail Easement Offer to Dedicate 88 2. OFFER TO DEDICATE. Owner, for itself, its heirs, successors and assigns, hereby grants and conveys this Offer to grant and convey to the City of Saratoga ( "City ") subject to the conditions, rights, and obligations set forth below, the easements over the Easement Area. 3. OFFER BINDING ON SUCCESSORS IN INTEREST. This Offer affects the title to or possession of the Property. All the terms of this Offer and of the easements granted upon acceptance of this Offer shall be binding upon and burden the Property and shall continue as an interest in, and running with, the land in perpetuity. The terms "Owner" and "City," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the successors, transferees, and assigns of the above -named Owner and City. 4. PUBLIC ACCESS EASEMENT AND RIGHT OF ENTRY. Upon acceptance of this Offer Owner grants and conveys the following easements with respect to the Easement Area: A. A non - exclusive, public, pedestrian and equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system; and B. A right of entry by the City of Saratoga, its employees, agents, contractors, volunteers, successors, transferees and assigns to maintain the trail and otherwise address matters of public health, safety, and welfare. The parties agree that these easements are "public easements" granted to a "public entity" within the meaning of California Government Code §831.4, and will be used for "recreational purposes" within the meaning of California Civil Code §846. 5. CONDITION OF EASEMENT AREA. The Easement Area is to be kept open and free from any modifications or improvements or uses that would interfere with the uses contemplated by this Easement. Improvements built by City pursuant to this agreement shall be maintained by City. Any improvements built by Owner shall be maintained by Owner. 6. CITY OBLIGATIONS. A. The trail shall be maintained by City and City shall install signage it determines is reasonably necessary to discourage public access to portions of the Property not included in the Easement Area. City shall have the right to temporarily close the trail at any time that City determines that the closure is warranted in order to protect health or safety of the public or Trail Easement Offer to Dedicate 2 89 residents or animals on the Property including, but not limited to, at times of high fire danger, closures of connecting trails, or risk of landslide. B. City shall indemnify, defend and hold harmless Owner, and its respective agents, attorneys, representatives, brokers, advisors and the like, from any and all claims, obligations or liabilities associated with injury or damage to person or property arising out of the City's maintenance and the public's use of the trail, except where such injuries or damages to person or property is caused, in whole or in part, by negligence or fault on the part of the Owner, or an agent or employee of the Owner, or an independent contractor who is directly responsible to the Owner. 7. WARRANTY. Owner warrants to City that: A. The Easement Area is, as of the date this Offer is executed by Owner, free and clear of all liens (with the exception of an existing mortgage) of the Agreement Date and that Owner shall keep it so while the Offer remains open to acceptance and recordation. B. No one has the legally enforceable right (for example, under a lease, easement or right -of -way agreement in existence as of the date this Offer is executed by Owner) to prevent the use of the Easement area for the purposes contemplated by this Offer and that Owner shall keep it so while the Offer remains open to acceptance and recordation. C. To the best of Owner's knowledge, the Easement Area is not contaminated with materials identified as hazardous or toxic under applicable law and no such materials have been stored or generated within the Easement Area. 8. CONTROLLING LAW. This Offer is made in the State of California and shall be construed and interpreted in accordance with the laws of said state. 9. NOTICES. Any notices required by this Agreement or correspondence between the parties shall be addressed and delivered by first -class mail postage prepaid as follows, unless the parties shall provide written notice of a change to that same address and delivered by that same method: Owner: Balu and Mohini Balakrishnan 21789 Villa Oaks Lane Saratoga, CA 95070 City: John Cherbone, Public Works Director City of Saratoga Trail Easement Offer to Dedicate 3 90 10. ENTIRE AGREEMENT. 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868 -1200 This Agreement together with the Exhibits hereto, each of which are incorporated herein by this reference, constitutes the entire agreement of the parties constituting the Offer to Dedicate. 11. ACCEPTANCE. The undersigned understands that the within Offer can only be accepted by resolution of the City Council of the City of Saratoga and recordation of this instrument shall not and cannot constitute acceptance of the within Offer to Dedicate. IN WITNESS WHEREOF, Owner has duly executed this Offer as of the day and year stated below and the signatory below represents that he has been duly authorized to execute this document. OWNER By: 11 kc,r..;, Its: Date: - l S — Z2 1 U With a copy to (which copy shall not constitute notice): City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (All signatures must be acknowledged before a Notary Public — attach either corporate, individual or partnership notary form.) Trail Easement Offer to Dedicate 4 91 State of California ) County of Santa Clara ) On July 15, 2010 before me, L.Basile , Notary Public (here insert name and title of the officer), personally appeared Balu Balakrishnan and Mohini Balakrishnan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (notary)(12 -07) (Seal) 92 L. BASILE Commission # 1882599 Notary Public - California Santa Clara County a My Comm, Ex Imes Mar 13, 2014 THE LAND RE -ERRED TO HEREIN BELOW IS S1UA T EID IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA., STATE OF CALIFORNIA AND 15 DESCRIBED AS FOLLOWS: PARCEL ONE: "EXHIBIT A TO OFFER TO DEDICATE EASEMENT" LEGAL DESCRIPTION All of Parcel 2, as shown on that certain Parcel Map, which Map was filed for record in the office of he Recorder of the County of Santa Clara, State of California on August 13, 1997, in Book 692 of Maps page(s) 40 and 41. ACCEPTING THEREFROM the underground water rights without rights of surface entry as conveyed to San Jose Water Works, a California corporation, by Deed recorded March 16, 1988, in Book K472, Page 890 of Official Records. PARCEL TWO: A non exclusive landscaping easement as granted by Deed recorded October 24, 1996, instrument No, 13495150, described as follows: Beginning at the most Westerly corner of Lot 18 as shown on the amended Tract Map for Tract 7761, recorded in Book 604 of maps, at pages 42 through 44, Santa Clara County Records; thence along the Northerly line of said Lot 18 North 51° 36' 48" East a distance of 201.72 feet; thence South 87° 40' 04" East a distance of 341.64 feet; thence North 56° 33' East a distance of 73.45 feet; thence leaving said lot line South 36° 18' 40 °' East a distance of 204.01 feet; thence South 16° 47' 19" West a distance of 15.57 feet; thence North 74° 49' 38'° West a distance of 31451 feet; thence South 40° 387 27" West a distance of 196.72 feet to the Westerly boundary of said Lot 18; thence along said Westerly line North 34° 2P' 53" West a distance of 76.74 feet; thence North 81° 14' 09" West a distance of 204.53 feet to the point of beginning. Being a portion of Lot 18 as said lot is shown on the Amended Tract Map of Tract No. 7761 Bled August 21, 1989 in Book 604 Maps 42, 43 and 44, Santa Clara County Records. APN: 503 -78 -036 93 "EXHIBIT B TO OFFER TO DEDICATE EASEMENT" LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, described as follows: Beginning at the most southwesterly corner of Parcel 2 as shown on that certain Parcel Map recorded in Book 692 of Maps at Pages 40 and 41, Santa Clara County Records; Thence along the northerly right of way of Villa Oaks Lane South 69 Degrees 31 Minutes 20 Seconds East a distance of 7.50 feet to the True Point of Beginning of this description and the centerline of a 15 foot wide Pedestrian and Equestrian Easement; thence North 24 Degrees 28 Minutes 41 Seconds East a distance of 100.37 feet; thence North 09 Degrees 28 Minutes 15 Seconds East a distance of 21.66 feet; thence North 41 Degrees 19 Minutes 39 Seconds West a distance of 66.00 feet; thence North 36 Degrees 50 Minutes 59 Seconds West a distance of 169.90 feet to a point on the northwesterly line of said Parcel 2 distant thereon North 40 Degrees 57 Minutes 20 Seconds East a distance of 10.10 feet from the most westerly corner of said parcel 2, said point being the Point of Termination of this description. Containing 5,369 square feet, more or less. 94 SCALE: 1"=100' POINT OF TERMINATION "EXHIBIT C TO OFFER TO DEDICATE EASEMENT" CENTERLINE OF 15' P.E.E. P.O. p LAND p No. 4953 E xP. 1 2 -31 -11 ' CALW ti 15.00' utA r. PARCEL 2 3r= 692 M 40,41 3.308 AC. A.P.N. 503 -78 -036 � 0 ���5� `y � / . N 36'50'59" W 169.90' r` \ N 09'28'15" E z 21.66' (5` O. N 41'19'39" W 66.00' 1J 15.00' ry ) ob N 24'28'41" E c c 19 -, 1-R 7913-, X W ks CgNe NOTE: THIS PLAT DOES NOT SHOW ALL EXISTING EASEMENTS 100.37' LEGEND PROPERTY LINE EASEMENT CENTERLINE P.O.B. F.E.E. 1 0 0 0 0 �= 10'47'35" R =160.00' L =30.14' N 20'35'27" E 6.25' POINT OF BEGINNING PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION WESTFALL ENGINEERS, INC. 14583 BIG BASIN WAY SARATOGA, CA 95070 21789 VILLA OAKS LANE SARATOGA, CA 95070 DATE: APRIL 5, 2010 SCALE: 1 " =100' JOB NO: 2009 -087 95 "EXHIBIT B TO RESOLUTION" LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, described as follows: Beginning at the most southwesterly corner of Parcel 2 as shown on that certain Parcel Map recorded in Book 692 of Maps at Pages 40 and 41, Santa Clara County Records; Thence along the northerly right of way of Villa Oaks Lane South 69 Degrees 31 Minutes 20 Seconds East a distance of 7.50 feet to the True Point of Beginning of this description and the centerline of a 15 foot wide Pedestrian and Equestrian Easement; thence North 24 Degrees 28 Minutes 41 Seconds East a distance of 100.37 feet; thence North 09 Degrees 28 Minutes 15 Seconds East a distance of 21.66 feet; thence North 41 Degrees 19 Minutes 39 Seconds West a distance of 66.00 feet; thence North 36 Degrees 50 Minutes 59 Seconds West a distance of 169.90 feet to a point on the northwesterly line of said Parcel 2 distant thereon North 40 Degrees 57 Minutes 20 Seconds East a distance of 10.10 feet from the most westerly corner of said parcel 2, said point being the Point of Termination of this description. Containing 5,369 square feet, more or less. 96 SCALE: 1"=100' POINT OF TERMINATION CENTERLINE OF 15' P.E.E, "EXHIBIT C TO RESOLUTION" N 36'50'59" W 169.90' 15.00' N 41'19'39" W 66.00' N I TRC� , 9- 6 8, - <q A ks� CgN i 15.00' N rf N 24'28'41" E 100.37' o P .o.$. NOTE: THIS PLAT DOES NOT SHOW ALL EXISTING EASEMENTS 314, PARCEL 2 692 M 40,41 3.308 AC. A.P.N. 503 -78 -036 N 09'28'15" E ,, / 21.66% . LEGEND PROPERTY LINE EASEMENT CENTERLINE P.O.B. P.E.E. , A= 10 R= 160.00' L= 30,14' N 20'35'27" E 6.25' POINT OF BEGINNING PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION WESTFALL ENGINEERS, INC. 14583 BIG BASIN WAY SARATOGA, CA 95070 21789 VILLA OAKS LANE SARATOGA, CA 95070 DATE: APRIL 5, 2010 SCALE: 1"=100' JOB NO: 2009 -087 97 "EXHIBIT D TO RESOLUTION" LEGAL DESCRIPTION PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT TO BE ABANDONED The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, all as shown on the attached "Exhibit E to Resolution" and described as follows: Beginning at the most southwesterly corner of Lot 18 as shown on that certain subdivision map for Tract 7761 known as Mount Eden Estates, recorded in Book 567 of Maps at pages 48, 49 and 50 and as shown on that certain Amended Tract Map for Tract 7761 recorded in Book 604 of Maps at pages 42, 43 and 44, Santa Clara County Records; Thence along the northerly right of way of Villa Oaks Lane South 69 Degrees 50 Minutes 13 Seconds East a distance of 26.04 feet to the True Point of Beginning of this description; thence North 24 Degrees 09 Minutes 48 Seconds East a distance of 137.79 feet; thence North 42 Degrees 08 Minutes 49 Seconds West a distance of 245.00' feet to the Point of Termination. Containing 5,742 square feet, more or less. 98 2 L N 1311.1#'09"1/ 20i.53 "EXN /B /T ro PPESOLUTh9N " 21, 36'.... Jam 1 %1O0 ,7/ a 9 dIrs L Rive. Mote; This /af *r'oeS riot show a/lexf.5 /,i,q eQSe e.iz"s. .9 .Z..4. 3 64,1, �.......... DR/.L nor /8, rRAer- 776/ N29' 45' 23"11 .c. SCENIC r; .. . NEW loraN kE �'' pER RM. °7 02 / 1 D N. 0 _ ' L ' -.; gyp c1 5 20 01 >� 6 2� rp 1, 77 0. 'o/NT Or TAR/- l /NAr,ON e ' �'. 70.00' Aye 1 if it t Si ? 4 0 415 ' �9 0 . ' h; PLOT TO ACCOMPANY LEGAL DESCRIPTION h' R °191.66' L ' 3 0. 93' WESTFALL ENGINEERS, INC. 14583 BIG BASIN WAY SARAT ❑GA, CA 95070 2/789 y✓LLA aAKS LANE ,Daf e : JWrre /1, 20/0 .5'6.0 E.. 1" w /O0 SARA TOGA, CA J'O$ NO 2'O9 - 0197 99 Oaks Lan Existing Trail Easement Trail Easement Relocation 21789 Villa Oaks Lane Trail Easement To Be Accepted 0 50 Feet 200 300 400 inn Existing Trail Easement RECOMMENDED ACTION: REPORT SUMMARY: SARATOGA CITY COUNCIL MEETING DATE: July 21, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Confirmation of Report and Assessment of 2010 Weed/Brush Abatement Program Open public hearing, close public hearing, and adopt resolution confirming report and assessment of hazardous vegetation abatement charges. Under State and local laws, local governments routinely abate the seasonal hazardous vegetation on undeveloped property. For the County and several cities, including Saratoga, this hazardous vegetation abatement program is administered by the Office of the Agricultural Commissioner. In many cases, property owners find it convenient to have the government take care of the weed removal and to pay through a property tax lien. The compliance deadline to destroy weeds /brush for Saratoga was April 15, 2010. The County of Santa Clara conducted inspections after this date to ensure compliance. Thirteen properties were not in compliance by the April 15, 2010 deadline; however, nine (9) of those property owners did abate their property prior to the County performing the abatement and were subsequently charged the $298 inspection fee. Four properties continued to remain out of compliance, which resulted in the County issuing a work order for the Santa Clara County contractor to perform the abatement. The County charged those property owners for the abatement work only and not an inspection fee. The attached list, (Attachment A) notes the parcels the County abated as well as those properties that were charged the inspection fee only. Tax liens and assessments on the owners of these parcels totaled $9,739.15. In order to recover this cost, it is necessary for the Council to adopt a resolution (Attachment B) confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. FISCAL IMPACTS: Assessment of 2010 101 None to the City if resolution is adopted. The City may be liable for work performed by contractor for any assessments not levied. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send a certified copy of the adopted resolution to Moe Kumre, Weed Abatement Program Coordinator, Santa Clara County Department of Agriculture and Environmental Management, 1553 Berger Drive — Building 1, San Jose, CA 95112. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City' s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. A Notice of Pubic Hearing was published in the Saratoga News on July 6, 2010, as required by law (Attachment C). ATTACHMENTS: Attachment A: 2010 Weed Abatement Program Assessment Report for City of Saratoga Attachment B: Resolution Confirming Report and Assessment of Hazardous Vegetation Abatement Charges Attachment C: Notice of Public Hearing Ad 102 z a t-- r N .- r en n r7 IN IN t- rri M © N Q O 1. M M p M p M - n.i M en io Cd en en en ere en et) V') I 111 V WI V In v - — — - - - — — — — — N O O 0 to O O CO O O in O O O 0 0 ON 0 0 M O 0 N O 0 0 00 00 v'1 a; 00 00 C- 00 00 4 00 00 00 a, a, ,D ,o a o, 0 a a a a Cr, 64 1 64 r 64 64 N 64 n � 64 -1- 64 � 64 64 64 00 v1 00 © v'1 a a L� 0 0 0 H VD 0 0 0 0 I M M Lin 00 O O O 00 i a1 M M M tiD ,.--, M M M m m rn O O O O O O WI° v] 10 in In WI 00 00 0 r 0 0 r N r N CO CA r r • 0 a, M M 0 O V C Q C by 'tip 31 61 I:4 124 tel tn '(1 M 1 0\ 0 00 a\ 00 N N N M M M ^^+ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENT CHARGES WHEREAS, at a regular meeting held on July 21, 2010, the Office of the Agricultural Commissioner submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2010 Weed Abatement Program, Assessment Report, City of Saratoga, prepared by the Office of the Agricultural Commissioner, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said parcel number in the second to last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 21s day of July 2010, by the following vote: AYES: NOES: AB STAIN: AB SENT: ATTEST: Ann Sullivan, City Clerk RESOLUTION NO. 10 - 104 Kathleen M. King, Mayor NOTICE OF HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Saratoga, California, has set Wednesday, the 21st day of July, 2010 at 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearings on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEEDS AND BRUSH ABATEMENT CHARGES. All interested persons may appear and be heard at the above time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council's information packet, written communications should be filed on or before the Wednesday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue. Questions may be addressed to the City Clerk at 868 -1269. /s /Ann Sullivan, CMC City Clerk PUB: 07/06/10 105 MEETING DATE: July 21, 2010 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Ann Sullivan SUBJECT: Proposed ballot measure to limit structures in all Commercial and Professional and Administrative Office Zoning Districts to two stories. RECOMMENDED ACTION: Staff recommends that the City Council: 1. Adopt the attached resolution placing a measure on the November 2, 2010 ballot to limit structures in all Commercial and Professional and Administrative Office zoning districts to two stories, specifying the ballot question for the measure, and directing that the full text of the measure be made available at City Hall and elsewhere but not be included in the voter information pamphlet; 2. Determine whether the City Council wishes to authorize one or more members of the City Council to file arguments for or against the proposed measure; and 3. Adopt the attached resolution transferring funds to support the election costs associated with the ballot measure. BACKGROUND: SARATOGA CITY COUNCIL On May 27th the City received a notice of intent to circulate an initiative petition for an ordinance concerning a second story limitation in Saratoga. On June 2nd the City Council asked for a staff report describing the Council's options for obtaining more information regarding the measure. On June 16 the City Council directed staff to have a study session between the City Council and proponents of the initiative. On June 24 a study session was conducted between the City Council and the proponents of the initiative. At this meeting the Council directed that a City Council ad hoc (Council members Chuck Page and Howard Miller) work with staff and the initiative proponents to develop a ballot measure limiting development in the Commercial and Professional Administrative Zoning districts to two stories. The ad hoc has recommended that the measure attached be placed on the ballot for the November 2, 2010 election. The report below briefly summarizes the proposed ballot measure and discusses procedural matters relating to the ballot measure. Page 1 of 4 106 REPORT SUMMARY: Ballot Measure Based on direction from the City Council from the June 24 study session and subsequent meetings of the Ad Hoc Committee, staff has prepared a ballot initiative that can be placed on the November ballot. A resolution placing the matter on the ballot is included as Attachment #1. The measure would: • Set a two -story limit for all structures in the Professional and Administrative Office (PA) zoning district and all Commercial zoning districts; • Create an exception from the two -story limit for third stories on the west side of Big Basin Way that are entirely below the grade of Big Basin Way and facing Saratoga Creek and the land within the existing CN(RHD) zoning district; • Provide that the limit will apply to all lands currently in the PA and C districts even if those lands are re -zoned in the future; • Adopt a definition of "Story" to apply in administering the two -story limit in the PA and C districts; • Allow the City Council to amend the non - conforming use ordinance as needed to ensure that existing or currently approved structures that do not conform to the new requirements may remain as legal conforming structures ; and • Require voter approval for amendments to any of these provisions through December 31, 2039. The measure would not affect uses in residential zoning districts or any districts other than Commercial and PA. The measure will be considered at a special joint public hearing of the Planning Commission and City Council preceding the regular City Council meeting on July 21, 2010. Ballot Measure Procedural Issues In connection with the ballot measure, the Council must consider (1) the specific question to appear on the ballot, (2) whether to include the full text of the measure in the voter information guide, and (3) whether the City Council wishes to authorize one or more Council members to write arguments for or against the measure. Each of these is discussed below. Ballot Question -- When placing the measure on the ballot, the City Council must specify the question that will appear on the ballot in connection with the measure. The question may be up to 75 words. Staff recommends that the question be: Shall the City of Saratoga adopt an ordinance setting a two -story limit for buildings on land in Commercial and Professional and Administrative Office zoning districts in the City and requiring voter approval of any future change to the two -story limit on those lands? The question is included in the resolution adopting the ballot measure and may be revised if Council believes an alternative wording would be more clear. Page 2 of 4 107 Full Text in Voter Information Pamphlet — State law allows the City to include a summary of the measure in the ballot pamphlet either with or instead of the full text of the measure. Because the measure is 5 pages it would add considerably to the cost of the election materials. For this reason the attached resolution provides that the measure will not be included in the ballot materials but will be available at City Hall, on the website, and (as required by State law) available upon request by mail at no charge. Ballot Arguments — Ballot arguments for and against a measure and rebuttals to those arguments are included in voter information materials. The arguments for or against the measure may be written by the City Council, any member or members of the City Council, any voter, a bona fide association of citizens, or any combination of voters and associations. Not more than five people may sign an argument. The arguments may not exceed 300 words. In the voter pamphlet, they will be designated as "Argument in Favor of [or "Against," as applicable] Measure XX ". (The ballot measure's letter designation is determined by the County.) Rebuttal arguments may not be more than 250 words. The County's deadline for arguments for /against the measure is August 10. The deadline for rebuttal arguments is August 17. (A copy of the Santa Clara County Registrar of Voters election schedule is included as Attachment 3.) If the City receives multiple arguments either for or against the measure the City Clerk must choose from among them using the following order of priority: 1. The legislative body, or member or members of the legislative body authorized by that body. 2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. 3. Bona fide associations of citizens. 4. Individual voters who are eligible to vote on the measure. Following each filing deadline the public is permitted 10 calendar days to examine the arguments and rebuttals. The arguments and rebuttals can be amended or deleted by a judge if the challenger can show by clear and convincing proof that an argument or rebuttal is false, misleading or inconsistent with the requirements of the Elections Code and that the order to amend or delete will not substantially interfere with the printing or distribution of official election materials. FISCAL IMPACTS: The estimated cost of the ballot measure is roughly $50,000. The attached resolution allocates these finds from the Undesignated Fund Balance. These are administrative costs for the election only and do not include city staff or attorney costs. Funding for the ballot initiative would be from the undesignated fund account. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A Page 3 of 4 108 ALTERNATIVE ACTIONS: N/A FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on -line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: 1. Resolution placing proposed Ballot Measure on the November 2, 2010 Ballot (including text of ballot measure and specifying the ballot question for the measure and directing that the full text of the measure be made available at City Hall and elsewhere but not be included in the voter information pamphlet) 2. Resolution Transferring Funds 3. Santa Clara County Registrar of Voters Election Calendar Page 4 of 4 109 RESOLUTION 10 -XX RESOLUTION OF THE CITY OF SARATOGA AMENDING RESOLUTION NO. 10 -30 TO PLACE A MEASURE ON THE BALLOT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON NOVEMBER 2, 2010 WHEREAS, the Saratoga City Council on June 2, 2010 adopted Resolution No. 10 -30 ordering and calling a general municipal election to be held in the City of Saratoga on November 2, 2010; and WHEREAS, the Saratoga City Council wishes to amend said resolution to direct that a measure be placed before the voters concerning a two -story limit for building on lands in Commercial and Professional Office /Administrative zoning districts; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga: Resolution No. 10 -30 is hereby amended to insert the following text immediately following paragraph 5: 6. At said election the following question shall be submitted to the voters: Shall the City of Saratoga adopt an ordinance setting a two -story limit for buildings on land in Commercial and Professional and Administrative Office zoning districts in the City and requiring voter approval of any future change to the two - story limit on those lands? YES NO 7. The text of the measure referenced in item 6, above, is attached hereto as Attachment 1 and the City Clerk is directed to transmit a copy of said measure to the City Attorney for preparation of an impartial analysis of the measure showing its effect on existing law and the operation of the measure. 8. In accordance with Elections Code section 9280, the entire text of the measure shall not be placed in the voter information sample ballot and shall instead be available without charge at City Hall, on the City website, and by mail upon request. 9. In accordance with Elections Code section 9285(b), the City of Saratoga has previously adopted the provisions of Elections Code section 9285(a) authorizing and governing the filing of rebuttal arguments. Written arguments for and against each of the measures referenced above and rebuttals to those arguments shall be filed in accordance with the schedule adopted by the Santa Clara County Registrar of Voters. 1 110 PASSED AND ADOPTED at a regular meeting of the City of Saratoga this 21 day of July, 2010 by the following vote: COUNCIL MEMBERS: AYES: NOES: AB STAINED: ABSENT: ATTEST: ANN SULLIVAN CLERK OF THE CITY OF SARATOGA SARATOGA, CALIFORNIA DATE 2 SIGNED: KATHLEEN KING MAYOR OF THE CITY OF SARATOGA SARATOGA, CALIFORNIA 111 City of Saratoga Two -Story Building Height Limit for Commercial and Professional and Administrative Office Zoning Districts Section 1. Purpose and Findings. A. The City of Saratoga was founded as a semi - rural, low - density residential community and many residents moved here to enjoy this distinctive feature. Saratoga remains unique among South Bay communities because of its quiet atmosphere and open space areas, its majestic trees, its wonderful mountain and hillside views, an unusually low crime rate, and neighborhoods minimally affected by commercial, mixed use and office development. B. Saratoga has a long history of generally restricting buildings and development to two stories. The two -story restriction has been crucial to avoiding high - density development, helping to control traffic congestion and promote safety, and to protecting viewsheds throughout the City. C. Saratoga's long- standing two -story limit remains in place for residentially zoned property. However, the two -story limit for the CH -1 and CH -2 commercial zoning districts (the "Village ") in Saratoga was recently removed. D. The purpose of this measure is to restore the two -story height limit in those zoning districts in the City and require voter approval of any future change to the two -story limit in any commercial or professional and administrative zoning districts. E. This measure applies only to land zoned as Commercial or Professional Administrative and Office and shall not apply to any residentially zoned or other property. Section 2. Amendments to Saratoga City Code The Saratoga Municipal Code is hereby amended as shown below. Text in strikethrough (fie) is deleted and text in bold underline (example) is added. Text in standard font is reaffirmed and readopted by this measure. A. Article 15 -18 P -A: PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICT. Section 15- 18.090 Height of structures, subsection (b) is amended as follows: (b) No structure shall exceed two stories; provided, however, this restriction shall not apply to a structure located within the Village which is and the natural environment. This subsection (b) was adopted by a vote of 1 112 the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. B. Article 15 -19 C: COMMERCIAL DISTRICTS. Section 15- 19.020 General regulations, is amended to add the following new subsection (j): (j) No structure in any commercial district shall exceed two stories except that (1) this restriction shall not apply in the C- N(RHD) District as that district is shown on the zoning map in effect on July 21. 2010 and (2) a third story. entirely below the grade of the Big Basin Way roadway. may be permitted for the rear of structures if the below -grade story faces Saratoga Creek on the West side of Big Basin Way. This subsection (j) was adopted by a vote of the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. C. Article 15 -80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS Section 15- 80.140 is added as follows: 15- 80.140 Two -Story Limit in Areas Formerly Designated as Professional and Administrative Office or Commercial zoning districts. (a) The two story limitation set forth in section 15- 18.090(b) and the definitions of "story ". "basement ". and "average slope" in subsections 15- 06.655(a). (c). and (d) shall apply to all structures on land that. as of July 21. 2010 was located in the Professional and Administrative Office zoning district regardless of the land's zoning district designation at the time a structure is proposed. (b) The two story limitation set forth in section 15- 19.020(j) and the definitions of "story ". "basement ". and "average slope" in subsections 15- 06.655(a). (c). and (d) shall apply to all structures on land that. as of July 21. 2010 was located in a Commercial zoning district regardless of the land's zoning district designation at the time a structure is proposed. (c) This section was adopted by a vote of the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. Section 3. Conforming Amendments to Saratoga City Code In order to promote implementation of the amendments made by Section 2 of this measure, section 15- 06.655 (Definition of "Story ") of the Saratoga Municipal Code is 2 113 hereby amended as shown below. Text in strikethrough ( ') is deleted and text in bold underline (example) is added. All figures are added. Text in standard font is reaffirmed and readopted by this measure. "Story" means (a) In any Commercial or Professional and Administrative Office District. that portion of a building included between the surface of any floor and the surface of the floor next above. or if there is no floor above. then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story. (b) In all other zoning districts that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story. (c) For the purpose of subsection (a). above. "basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty -two inches. (See Figure la.) If the finished floor directly above the space is more than forty -two inches above grade at any point along the perimeter. such space shall be considered a story. and the entire space shall be included in the calculation of floor area. As used herein. the term "grade" shall mean either the natural grade or finished grade adjacent to the exterior walls of the structure. whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. 3 114 (d) Subsections (a). (c). and this subsection (d) were adopted by a vote of the people and shall not be amended or repealed before December 31. 2039 except by a vote of the people. Section 4. Implementation. A. It is the intent of the voters that the provisions of this measure shall be broadly construed in a manner that facilitates the purposes set forth herein and that this measure be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If the number of stories of a specific project remains ambiguous after considering the terms of this measure and other relevant City policies and ordinances, then that ambiguity shall be resolved in favor of the most restrictive limit for stories. Within a reasonable period following the effective date of this measure the City Council shall amend the Saratoga Village Plan and Village Design Guidelines to include the two -story limit applicable in the Village pursuant to section 2.B of this measure. B. Except as otherwise required by State or Federal law, upon the date of insertion of the provisions of Section 2 of this measure into the City of Saratoga Municipal Code, all General Plan amendments, rezonings, specific plans, tentative subdivision maps, parcel maps, conditional use permits, building permits or other ministerial or discretionary entitlements for use not yet approved or issued shall not be approved or issued unless consistent with the provisions of this measure. C. Nothing in this measure shall be construed to limit the discretion of the City Council to allow structures existing or approved as of the effective date of this measure that do not conform to the requirements imposed by this measure to remain as legal conforming structures and to be remodeled, rebuilt partially or in their entirety, or otherwise improved except to the extent that such actions would increase the extent of the non - conformity with this measure beyond that of the existing or approved structure on the effective date of this measure. D. This measure shall not apply to prohibit any development project or ongoing activity that has obtained, as of the effective date of this initiative, a vested right pursuant to State or local law or be interpreted to apply to any land or prohibit any use that, under State or Federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution. E. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, 4 115 subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. F. This measure shall remain in effect through 2039 and shall not be amended or repealed before that date except by a vote of the people provided, however, that this restriction shall not apply to Municipal Code section 15- 06.655(b). 5 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2010/11 TO PROVIDE FUNDING FOR PROPOSED BALLOT INITIATIVE TO LIMIT DEVELOPMENT IN COMMERCIAL AND PROFESSIONAL OFFICE /ADMINISTRATIVE ZONING DISTRICTS TO TWO STORIES WHEREAS, additional financing in the amount of $50,000 is needed for the completion of said project; and WHEREAS, funding is not available in adopted budget; therefore, Undesignated Fund Balance will be used; and Account Description To appropriate additional expenditures for the proposed Ballot Initiative to limit two story development in the Commercial and Professional Administrative Office Zoning Districts Ballot Initiative— Exp Appropriation: 111 2201 62321 $ 50,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the above adjustments to the Fiscal Year 2010/11 undesignated funds account. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 21' day of July 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: WHEREAS, the City Council desires to place an ballot measure on the November ballot; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2010/11 budget as follows: Ann Sullivan, City Clerk Date RESOLUTION NO. Account# Amount Kathleen M. King, Mayor City of Saratoga P:ASARATOGA \ Ordinances \Initiatives \2010 Second Story Requirement MeasureA Alternative Measures \Budget Reso for Ballot Measure CC 7 -21 -10 (7- 15- 10).doc 117 : °DASk El i,9 ! °.. EEP -6 8i. E{ [ 'a6 "F E } Sp� 9 5[ HC hSk;,${ { §. $E §¢�j §p Erdy 3 5 " . 9 _ ���"��tk3�48E1El���� I IE9t � y €3Y4 l A��a���a" B �if�'i� J E '' ) • p ) 5 5 2 f[5f I g3': E �6 = g l A( qq(( yyyy lI = llll . ; . ;a {{ ff ; p ; > � 9 ���^^^ lni h E a�Y�'�C June 30, 2010 (E — 125) DUE DATE FOR RESOLUTIONS FOR GOVERNING BOARD ELECTIONS Deadline for jurisdictions to submit resolutions fora governing board election. July 12, 2010 (E — 113) NOMINATION PERIOD OPENS First day candidates may pick up nomination documents either at the district office or at the Office of the Registrar of Voters. August 6, 2010 (E — 88) NOMINATION PERIOD CLOSES * * Deadline to file (in the Office of the Registrar of Voters only) all required nomination documents. WITHDRAWAL OF CANDIDATE No candidate shall withdraw after 5:00 p.m. on this date for offices which do not have an extension period. DUE DATE FOR MEASURE RESOLUTIONS AND TAX RATE STATEMENTS Last day for jurisdictions to file a resolution calling for a measure election, and if applicable, tax rate statements. August 7, through August 11, 2010 (E -87 toE -83) EXTENSION PERIOD * If an incumbent fails to file a Declaration of Candidacy by August 6 for his or her office, there will be a 5- calendar -day extension during which any candidate, other than the incumbent, may file or withdraw from said office. August 10, 2010 (E — 84) DUE DATE FOR ARGUMENTS * Deadline set by the Registrar of Voters for submitting arguments in favor of and against a measure. August 12, 2010 (E — 82) RANDOMIZED ALPHABET DRAWING a This day the Secretary of State and the local elections official will conduct drawing of letters of the alphabet to determine the order in which candidates appear on the ballot. August 17, 2010 (E — 77) DUE DATE FOR REBUTTALS AND IMPARTIAL ANALYSES * in Deadline set by the Registrar of Voters for submitting rebuttals to arguments favor of and against and the impartial analysis. September 7 ** through October 19, 2010 (E — 57 to E — 14) WRITE -IN CANDIDACY OPENS AND CLOSES in Time frame for write -in candidates to obtain and file nomination documents the Office of the Registrar of Voters. Abbreviated General Election Calendar November 2, 2010 Santa Clara County 118 05/04/2010 V HE% � ��� QA,T � >� n f9�� €ig 9- 5 A € I IE DOCU l ENTS ; C. ' .£ � d� € &1 �..Bok.. October 5, 2010 (E — 28) F.P.P.C. ? PRE - ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the period of 7 -1- 10 * ** to 9- 30 -10. October 4, 2010 (E — 29) FIRST DAY FOR MAILING OF VOTE BY MAIL BALLOTS First day cf mailing of Vote by Mail ballots. October 18, 2010 (E — 15) LAST DA Y TO REGISTER TO VOTE FOR NOVEMBER ELECTION Deadline to register to be eligible to vote in the November 2, 2010 election. October 21, 2010 (E — 12) F.P.P.C. 2 " PRE - ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the period of 10 -1 -10 to 10 16 - 10. October 17 through November 1, 2010 (E — 16 to E — 1) LATE CONTRIBUTION /INDEPENDENT EXPENDITURES or Sums over $1000 to /from a single source must be reported within 24 hours. The Late Independent Expenditure report is required only for committees (not candidate committees) that make independent expenditures totaling $1,000 more to support or oppose a single candidate or a single ballot measure. October 26, 2010 (E — 7) LAST DAY TO REQUEST VOTE BY MAIL BALLOT BY MAIL Deadline at 5:00 p.m. to submit a request for a Vote by Mail ballot to be mailed to voter. NOVEMBER 2, 2010 ELECTION DAY Polls are open from 7:00 a.m. to 8:00 p.m. November 30, 2010 OFFICIAL CANVASS OF VOTE Registrar of Voters to certify election results by November 30, 2010. ** Due to holiday. Abbreviated General Election Calendar November 2, 2010 Santa Clara County This calendar may not contain all of a candidate's or district's filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. * The legal 1O calendar - day public examination period in which a writ of mandate may be sought begins immediately following the filing deadline for submission of those documents. The writ of mandate request shall be filed no later than the end of the 10- calendar -day public examination period. * ** The period covered by any statement begins on the day after the closing date of the last statement filed, OR January 1 if no previous statement has been filed. 119 05/04/2010 SARATOGA CITY COUNCIL MEETING DATE: July 21, 2010 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: City of Saratoga's Response to the Santa Clara County's Civil Grand Jury Report on: Cities Must Rein in Unsustainable Employee Costs" RECOMMENDED ACTION: That the Council review and direct staff on the City of Saratoga's proposed response to the Santa Clara County Civil Grand Jury Report on "Cities Must Rein in Unsustainable Employee Costs ". REPORT SUMMARY: The Civil Grand Jury is an investigatory body consisting of volunteers selected by Superior Court Judges, whom collectively function as a civil watchdog over government and special districts, investigate citizen complaints about governmental agencies, and occasionally hold hearings to determine whether a criminal trial is warranted. In December of 2009, the Grand Jury requested selected summary information from each of the Santa Clara County cites on payroll, benefit, and staffing information from the following two fiscal years: 2000/01 and 2009/10. The requested information was limited to numerical data. Cities did not provide supporting documentation, total employee compensation and budget information, or explanations with the data. The Grand Jury subsequently interviewed staff from each of the cities, primarily City Managers. On May 26, 2010, the Grand Jury issued a 33 page report consisting of summary data charts and conclusions, along with their findings and recommendations. The Grand Jury requires each of the cities to respond to this report under a specific format: 1. The cities are required to "Agree" or "Disagree" with each applicable finding, responding with one of the following statements: • The City of Saratoga agrees with the finding. • The City of Saratoga disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. 2. The cities are required to respond to each applicable recommendation with one of four possible actions: • The recommendation has been implemented, with a summary regarding the implemented action 120 • The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. • The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. • The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. The proposed responses to the Grand Jury Report were prepared in the format required under California Penal Code §933.05(a) and (b), however the City is limited as to the implementation of many of the recommendations due to good faith bargaining practices in labor negotiations and the inability to change Ca1PERS insurance programs. In addition, the City did not agree in full with some of the Grand Jury's findings as is explained in the attached City Responses to the Civil Grand Jury Report. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would be in violation of California Penal Code §933.05(a) and (b), and the Superior Court may require further action for compliance. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Prepare report as directed by Council, and submit to the Santa Clara County Civil Grand Jury by the due date of August 30, 2010 ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A — Proposed Responses to the Civil Grand Jury Report 121 City of Saratoga Comments on Santa Clara County Civil Grand Jury Report: Cities Must Rein In Unsustainable Employee Costs Report Issued: May 26, 2010 Response Due: August 30, 2010 122 Attachment A 1. Finding: The costs of total compensation for employees have grown substantially in the past decade and now threaten the cities' fiscal stability. The City of Saratoga disagrees partially with the finding. • While the City of Saratoga agrees compensation has grown in the past decade, there are many factors impacting a city's economic situation; employee compensation is just one of them. • The selected time frame reflects several economic anomalies which skew the portrayed rate of growth in total compensation: In FY 2000/01, Saratoga's wages were not competitive with neighboring cities or the public sector, and resulted in high turnover and multiple staff vacancies, whereas the FY 2009/10 total wages reflect competitive salaries without vacancies. Therefore, a comparison between the two time periods contributes to an overstatement of growth in median wages (Table 2). ®I® The City's 2.0% at 55 Ca1PERS pension plan benefit did not change during this time period, however the FY 2000/01 Ca1PERS employer contribution rate was 0% due to a "superfunded status" at the time, whereas the FY 2009/10 Ca1PERS contribution rates is 11.652% of salary. ®I® The City has not changed its medical insurance benefit during this time period; however premiums have increased substantially from 2000 to 2010, more than tripling in cost. ®I® Employee compensation packages differ: some cities include enhanced retirement formulas and post - employment benefits, such as retirement medical rather than paying the full Ca1PERS contribution. However, as the Ca1PERS contribution is part of the compensation base, and post- retirement benefits are not, the median wages analysis does not reflect a comprehensive comparison of total compensation packages. • The City of Saratoga remains fiscally stable due to conservative financial practices: • The City manages its staffing levels in line with revenues; The employee retirement plan was not enhanced; and The City does not provide retiree medical benefits and, therefore, does not share the significant unfunded liability of some of its neighboring cities. Recommendation: All of the cities in the County need to implement measures that will control employee costs. As a starting point, each city should determine the percentage of savings required from the total compensation package to reach budget stability, and provide choices of wages and benefits in collective bargaining sessions for the unions to choose to achieve that percentage goal. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor laws and subject to labor negotiations commencing in Spring, 2011. • The City of Saratoga agrees that the overall intent to control total compensation growth is essential, and will be a fundamental objective in labor negotiations. 2. Finding: Salary and wage increases do not reflect changes in economic conditions; e.g. even with minimal inflation, yearly COLAs are granted with little bearing on the actual increase in cost of living or market conditions. The City of Saratoga disagrees partially with the finding. • Under the City of Saratoga's Memoranda of Understanding (MOU), COLA increases are tied to the United States Bureau of Labor and Statistics Average Consumer Price Index for All Urban Consumers (CPI -U) for the San Francisco - Oakland -San Jose region (for the months December to December), within a minimum and maximum range of 1.0% to 2.5 %. The CPI -U reflects the actual increase in the cost of living. Recommendation: Cities should not increase salaries and wages that are not supported by planned revenue increases. Cities should tie COLA increases to clear indicators and retain the ability to adjust or withhold based on current economic data. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligations under State labor relation laws and subject to labor negotiations commencing in Spring 2011. • Current MOUs have already set the standard to tie wage increases to cost -of- living growth in the economy, as evidenced by linking COLAs to CPI -U indicators. • The City of Saratoga will review its MOUs to determine the ability and effectiveness of adjusting or withholding wage increases based on current market conditions, or determine whether there are other available economic indicators more reflective of the economy. 3. Finding: Step increases are arbitrary and do not adequately represent an employee's added value to a city. Combined with COLAs, new employees' wages increase quickly and are not necessarily reflective of improved knowledge and skills. The City of Saratoga disagrees partially with the finding. • The above statement does not apply to the City of Saratoga. • City of Saratoga step increases are contingent upon a satisfactory annual evaluation of an employee's performance, which includes achieving advanced knowledge and skills, to qualify for a higher step. Step increases are not automatic based solely upon completion of a specified period of time. Recommendation: Cities should negotiate step progressions from the current three and a half years to seven years. Employees should not receive COLA increases while in step progression. The recommendation requires further analysis. • The City will carefully review this recommendation in the next six months to determine the full scope of this suggestion, and the impacts this change would have on recruitment and retention. 4. Finding: Medical Insurance costs for active employees are growing year after year at rates that exceed most cities' revenue growth, while the employee contribution to medical care is minimal. 2 123 City of Saratoga Response The City of Saratoga agrees with the finding. City of Saratoga Response Recommendations: A. Split monthly premiums between the city and the employee and increase the employee's share, if already cost splitting, and remove any employee caps. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011. B. Establish reasonable co -pays for doctors' visits, prescription drugs, and in- patient and out - patient hospital care. The recommendation has not yet been implemented, but will be implemented in the future, • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011. • Contingent upon an expansion of Ca1PERS health insurance options. C. Prohibit an employee from being covered by both city - provided medical benefits and as a dependent of another city employee. The recommendation has been implemented. • According to Ca1PERS, employees cannot be enrolled in a Ca1PERS health plan as a member and a dependent or as a dependent on two enrollments. This is called dual coverage and it is against the law. • When dual coverage is discovered, the coverage will be retroactively canceled and the employee may have to pay for all costs incurred from the date the dual coverage began. D. Reduce cash -in -lieu payments. The recommendation will not be implemented because it is not warranted or is not reasonable. • The City of Saratoga's cash -in -lieu payments of $118.75 /medical and $25.00 /dental per month (pro -rated for part-time staff) are very low and, if lowered further, would not provide an incentive to forgo insurance benefits. E. Introduce a new lower premium, high deductible medical plan. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011. • Contingent upon an expansion of Ca1PERS health insurance options. 5. Finding: Pension formula changes instituted in the past decade, stock market losses, the aging "baby boomer" work force, and the growing unfunded pension and OPEB liability all contribute to making retiree pension and health care costs the most problematic and unsustainable expenses the cities are facing. The city contribution to pension plans and OPEBs far exceeds the employee contribution. The City of Saratoga agrees with the finding. 3 124 The City of Saratoga agrees with the finding. City of Saratoga Response Recommendations: 1) Cities should: 1) Renegotiate and make provisions for increasing the employee's contribution for current pension plans. 2) Renegotiate to stop paying the employees' contribution amount to pension plans. 3) Renegotiate to implement a contribution amount for employees to OPEB; this contribution should provide for a reasonable split of costs between a city and the employee for retiree medical and dental benefits. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor laws and subject to labor negotiations commencing in Spring 2011 (recommendations 1 -1 and 1 -2). • The City of Saratoga did not enhance its pension plan from the traditional 2% at 55 formula, therefore Ca1PERS pension contribution rates did not increase to the higher premium levels. • Recommendation 1 -3 is not applicable as the City of Saratoga does not provide post - employment health care benefits. 2) Cities should thoroughly investigate reverting to prior pension formulas that were less costly. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011. • The City of Saratoga did not enhance its pension plan from the traditional 2% at 55 formula, therefore Ca1PERS pension contribution rates did not increase to the higher premium levels. 3) To provide a meaningful, long -term solution, the cities should negotiate agreements to: 1) Institute a two -tier system for pension and retiree health care for new hires. 2) Increase the retirement age from 50 or 55 to 60 or 65. 3) Calculate pensions on the last three to five years of salary. 4) Replace current post - employment health care plans with health savings plans. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations and market conditions. • The City of Saratoga does not provide post - employment health care benefits; therefore recommendation 3 -4 is not applicable. 6. Finding: Public sector employees are granted a generous number of holidays, personal days, vacation days and sick leave annually. Rules and limits on accrual vary by city and union, but vacation days and sick leave can be accumulated and converted to cash or calculated into the pension benefit within those limits. Recommendations: A. Cities should renegotiate with the bargaining units to: 1) Reduce vacation time. 2) Reduce the number of holidays and /or personal days. 3) Cap sick leave and eliminate the practice of converting accumulated sick leave to cash or adding into their years of service for inclusion in their retirement benefit. 4 125 City of Saratoga Response The recommendation requires further analysis as the above suggested reductions in benefits would impact negotiated employment packages. • Staff will assess these recommendations in relation to data collected from other cities and regional employers and the City's budgetary constraints, as part of preparation for labor negotiations beginning in Spring 2011. B. Cities should negotiate to substitute paid days off for unpaid days instead of imposing furloughs. For example, reduce paid holidays to major holidays only, consistent with private industry; and convert minor holidays to unpaid. Therefore, the public is not impacted by fewer services caused by furloughs, and the city saves the employee cost. The recommendation has not yet been implemented, but will be implemented in the future. • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011, and as determined necessary by budgetary constraints. 7. Finding: Cities traditionally determine their compensation packages by surveying the wages and benefits of other public sector employees in the same geographic area. There is major resistance to comparing themselves or mirroring trends with the private sector. This has allowed wages and benefits to become artificially high and out of sync with market trends. The City of Saratoga agrees partially with the finding. • While the City agrees it is prudent for wages and benefits to be aligned with reasonable market trends in both the private and public sectors with respect to salaries, benefits, and other non - salary compensation, it recognizes that timing factors in both economic conditions and existing labor agreements will, of necessity, delay implementation. Recommendations: A. Cities should research competitive hiring practices and alter the approach to determine fair wages and benefits for each city by using public and private sector data. The recommendation requires further analysis as many public sector positions involve functions that are specific to government operations. • In preparation for labor negotiations in Spring 2011, City staff will further review this recommendation. B. Cities should renegotiate salaries and wages using valid market comparisons and not only the current wage index. Cities should utilize more market - oriented compensation practices so that salaries can adjust as competition for labor changes. The recommendation requires further analysis to determine its feasibility and the fiscal and operational impacts and advantages of employing market - oriented practices. • In preparation for labor negotiations in Spring 2011, City staff will further assess this recommendation. 8. Finding: All cities perform certain core functions to run smoothly and provide services to their residents. To reduce employee costs and streamline operations, the cities are in various stages of contracting 5 126 City of Saratoga Response services to private industry or partnering with other cities, special districts or the County to deliver services. The City of Saratoga agrees with the finding. Recommendations: A. Cities should explore outsourcing some functions and services to private industry. Cities should discuss the prospect with cities that are successfully doing this to determine best practices and areas for success. Cities should develop contracts with measurable objectives, performance goals, and timelines. The recommendation has been implemented. • The City of Saratoga currently functions with minimal staff (FY 2009/10 = 54.85), contracting services for legal, public safety, animal control, development and engineering reviews, landscaping and street maintenance, recreation and senior services, as well as facility and infrastructure construction work. B. Cities should create partnerships with other cities, special districts and /or the County for services, such as payroll, human resources, animal control, police and fire. Cities should investigate sharing the cost of new information technology systems. The recommendation has been implemented. • Most of the above suggestions are already in place. The City has established several joint partnerships with other cities and agencies, including solid waste, recycling, and environmental services, and for public safety functions for animal control, emergency services, and interoperability. Staff also shares information and resources with other agencies to leverage skills and workload. The City continues to review other functional areas to determine practicality, cost savings, and /or operational efficiencies. 9. Finding: Cities can gain operational efficiencies and effectiveness with lower employee costs by making sure they are staffed with the correct numbers of people in the appropriate job classification in all departments and work groups. The City of Saratoga agrees with the finding. Recommendation: Cities should analyze the functions performed by all job classifications and make adjustments in the work force. Consolidate functions within the same group or a similar group. Reassign appropriate work to lower paid job classifications. Eliminate unnecessary functions. The recommendation has been implemented. • As a minimally staffed contract city, Saratoga continues to explore a wide variety of service approaches including the expanded use of technology, contracting for a variety of services, and creating partnerships with other public agencies. • The City of Saratoga looks for opportunities to achieve savings through varied methods on an ongoing basis. 10. Finding: N/A 6 127 The City of Saratoga agrees with the finding. City of Saratoga Response 11. Finding: In many cities, the contract negotiation process is completed by placing the negotiated collective bargaining agreements on the consent calendar for approval, which is acted on quickly at the start of council meetings by a single motion and vote of the council. Recommendations: Cities should consider: 1) holding well - publicized public hearings about the cities' goals of negotiations before negotiations begin, and; 2) again at the end of negotiations to report to citizens clearly what changes have been made in contracts. The recommendation requires further analysis. • Over the next six months, the City will consider this recommendation further to determine the impacts this action would create for both public expectations and labor negotiations. The recommendation has not yet been implemented, but will be implemented. • At the conclusion of labor negotiations, a staff report will be brought to the Council which clearly identifies contract results for additional transparency. 12. Finding: Current contracts were negotiated in good faith by representatives of the cities and the bargaining units; they were approved by the city councils. Promises made to employees were made by elected officials, past and present. Responsibility for formulating and approving solutions to restore the cities' financial stability resides squarely with our elected officials. The economic downturn has placed additional pressure on the situation. The City of Saratoga agrees with the finding. Recommendations: A. City council members and mayors should become better informed about the fiscal realities of their cities, long -term costs and commitments, and be cognizant of potential issues in labor agreements. The recommendation has been implemented. • Saratoga staff educates Council candidates about City finances and operations beginning with the start of the election period, and continues this education with elected Council Members to keep them informed about the City's fiscal realities, long -term costs and commitments, and labor agreement issues and impacts. • City Council Members annually review the five -year forecast to understand the implications and status of the City's current and long -term financial situation, review monthly Treasurer's reports, quarterly financials, mid -year budget discussions, and participate in budget development study sessions prior to the budget hearings. Staffing and contract service costs are reviewed in detail. • The City also has a Finance Committee (in which two Council members serve),which meets to review and advise staff on ongoing financial issues, and then reports its discussions to other Council Members at the Council Meeting. • Council Members meet regularly with the City Manager to keep informed of City operations and fiscal matters on a timely and ongoing basis. 7 128 13. Finding: N/A 8 129 City of Saratoga Response B. City councils and mayors should direct city administrators to (re)negotiate collective bargaining agreements that reverse the escalation of employee costs through concessions, cost sharing, and a second tier for new employees. The recommendation will not yet been implemented but will be implemented in the future. • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011. • The City's labor contracts were entered into by Council and the City's three bargaining groups with the understanding from all groups that the agreements were fair, reasonable, and would be in effect for the full term, which is set to expire in one year (Sept 1, 2011). • Contract negotiations begin in six months and as the City of Saratoga's fiscal stability is not threatened with unsustainable employee costs at this time, the Council believes it both should and is required to honor its commitment. • The City worked with employee groups to reduce salary and benefit expense for FY 2010/11 and obtained voluntary agreement on mandatory furlough days, suspending car allowances, vacation buy- backs, and the City Manager's salary increase. C. City councils and mayors should meet with the bargaining units to clearly outline the cities' financial health and show how employee costs are impacting the budget. The recommendation will not be implemented because it is not warranted or is not reasonable. • The Council is a legislative, not administrative /programmatic body; therefore, it does not customarily meet directly with bargaining units. The Council customarily would direct its management representatives to meet with bargaining units to inform them of the City's financial health. D. City councils and mayors should inform citizens of their plans for controlling unsustainable employee costs and remove politics from the equation. The recommendation has not yet been implemented, but will be implemented in the future, • Consistent with the City's obligation under State labor relation laws and subject to labor negotiations commencing in Spring 2011. • On an ongoing basis, the City Council and Mayor will inform citizens of issues regarding employee costs as the topic is relevant - as part of the Council's regular meetings with various community groups, in public Council Meetings, study sessions, and the Council's annual retreat, and through written communications such as the City's newsletter. SARATOGA CITY COUNCIL MEETING DATE: July 21, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Designation of Voting Delegate for League of California Cities Annual Conference 2010 RECOMMENDED ACTION: Designate a voting delegate and alternate for the League's Annual Conference. REPORT SUMMARY: The League of California Cities Annual Conference is scheduled for Wednesday, September 15 through Friday, September 17, 2010. The League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. The deadline to return the "Voting Delegate Form" to the League of California Cities is Friday, August 29, 2010. Attached to this staff report is the Letter from the League of California Cities, the Conference Voting Procedures for 2010, and the 2010 Voting Delegate / Alternate Form. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not have a voting delegate at the 2010 League Conference. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Mail "Voting Delegate Form" to the League of California Cities by Friday, August 29, 2010. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Posting of the Council Agenda. 130 ATTACHMENTS: Attachment A — Letter from the League of California Cities and Conference Voting Procedures. Attachment B — Voting Delegate Form 14(10 K ~] BEET SAC RAMENTO, CA 95814 rE : (916) 658 -8200 -> (91(4 658 -8240 June 4, 2010 TO: Mayors, City Managers and City Clerks RECEIVED JUN 1 4 2010 I�� L AG U E CITIES 132 Council Action Advised by August 20, 2010 RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 15 -17 — San Diego The League's 2010 Annual Conference is scheduled for September 15 -17 in San Diego. An important part of the Annual Conference is the Annual Business Meeting (at the closing General Assembly), scheduled for 3:00 p.m., Friday, September 17, at the San Diego Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please take care when selecting your city's delegates, as travel and attendance could be an issue for those who observe Yom Kippur. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 20, 2010. This will allow us time to establish voting delegate /alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. WVG''X CM []:ES.O R( • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. In order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up -more- the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non - Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. if the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. if the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Jose Convention Center, will be open at the following times: Wednesday, September 15, 9:00 a.m.; Thursday, September l 6, 7:30 a.m.; and September 17, 7.30 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but not during a roll call vote, should one be undertaken_ The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 20th. If you have questions, please call Mary McCullough at (916) 658 -8247. Attachments: • 2010 Annual Conference Voting Procedures • Voting Delegate /Alternate Form 133 LEAGUE OF CALIFORNIA CITES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Annual Conference Voting Procedures 2010 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 134 LEAGUE OF CALIFOftN1A CITIES Please complete and return by Friday, August 20 to: League of California Cities ATTN: Mary McCullough 1400 K Street Sacramento, CA 95814 CITY: 2010 ANNUAL CONFERENCE VOTING DELEGATE /ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 20, 2010. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual. Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E -mail Mayor or City Clerk Phone: (circle one (signature) Date: 135 FAX: (916) 658 -8240 E -mail: mecullom@eacities.org (916) 658 -8247 V otingDe]egateLetterl O.doc