HomeMy WebLinkAbout12-12-2000 City Council Agenda Packet AGENDA
ADJOURNED MEETING
SARATOGA CITY COUNCIL
December 12, 2000
CALL MEETING TO ORDER - 5:00
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CLOSED SESSION - 5:05 P.M.
Public Employee Performance Evaluation (Gov't Code 54957)
Title: City Manager.
Conference with Legal Counsel re: Anticipated Litigation
Significant exposure to litigation pursuant to Government Code section 54956.9(b) (1
potential case.)
ADJOURN TO THEATER LOBBY FOR RECEPTION- 6:30 P.M.
ADJOURNED 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
December 8, 2000)
COUNCIL REORGANIZATION
o
Approve resolution declaring Official Canvass of Ballots from Registrar of
Voters in regards to newly elected City Councilmembers.
Recommended action:
Adopt resolution.
Approve resolution declaring Official Canvass of Ballots from Registrar of
Voters in regards to Measure G.
Recommended action:
Adopt resolution.
Remarks from outgoing Mayor - Stan Bogosian.
o
Administer Oath of OffiCe to Councilmembers.
Recommended action:
Administer Oath of Office.
Reorganization of City Council.
Recommended action:
Elect Mayor and Vice Mayor.
Remarks from new Mayor, Vice Mayor, and Councilmembers.
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.
Communications from Boards and Commissions
None
Written Communications
None
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items on this section will be
acted in one motion unless they are removed from the Consent Calendar.
7A.
Approval of Council Minutes of:
November 1, 2000 - Regular Meeting
November 15, 2000 - Regular Meeting
December 4, 2000 - Special Meeting
Recommended action:
Approve submitted minutes.
7B.
Review of Check Register.
Recommended action:
Note and file.
7C.
October Financial Statements.
Recommended action:
Note and file.
7D.
Review of Planning Commission Action Minutes.
Recommended action:
Note and file.
7E.
City of Saratoga Commissions -Attendance Records.
Recommended action:
Note and file.
PUBLIC HEARINGS
Appeal of Planning Commission approval of a Tentative Map for the
subdivision located at 20251 Saratoga-Los Gatos Road (continued from
11/15/oo).
Recommended action:
Deny the appeal and uphold the Planning Commission's decision.
Circulation & Scenic Highway Element (continued from 11/15/00).
Recommended action:
Approve resolution adopting the Circulation & Scenic Highway Element and
Negative Declaration.
OLD BUSINESS
10.
Authorization to Mayor to execute contract with Joe A.Gonsalves & Son for
Professional Legislative Representation.
Recommended action:
Authorize Mayor to execute contract.
10A.
Presentation - Highway 85 Noise Mitigation Project Update.
Recommended action:
Accept report and direct staff accordingly.
NEW BUSINESS
11.
Review of Council Master Meeting Calendar for 2001.
Recommended action:
Accept report and direct staff accordingly.
12.
Council Agency Assignments and Commission Liaisons.
Recommended action:
Accept report and direct staff accordingly.
13.
Authorization to City Manager to execute contract with Phil W. Block, AICP,
for Planning Services.
Recommended action:
Authorize execution of contract.
14.
Joseph Landau, Claimant; Claim No. 0511611
Recommended action:
Reject claim.
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
3
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
December 20, 2000
December 26, 2000
January 3, 2001
January 17, 2000
SCHEDULED CITY COUNCIL MEETINGS
Regular Meeting/Council Chambers
Adjoumed Meeting
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
CANCELLED
CANCELLED
7:00 p.m.
7:00 p.m.
4
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING D ..:EP .Tq: ,Ci, ty M~)ger~ CITY MANAGER:
SUBJECT: Certification of November 7, 2000 General Municipal Election Results And
Canvass Of Returns From The County Registrar Of Voters For Council
Candidates.
RECOMMENDED ACTION:
That Council approve the attached resolution declaring canvass of returns and results of the
General Municipal Election held on November 7, 2000.
REPORT SUMMARY:
This report reflects the official results of the November 7, 2000 General Municipal Election for
City Councilmembers. The Santa Clara County Registrar of Voters completed the official
canvass of returns, and has certified the votes cast. The City Council is required to declare the
results of the election by resolution.
Candidates Votes Percent
Stan Bogosian 7407 35.0%
Ann Waltonsmith
7237 34.2%
Chuck Page 6496 30.7%
FISCAL IMPACTS:
The final cost of the General Municipal Election for three candidates on the ballot was $6,464.00
appropriated from the City Clerk budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The General Municipal Election would not be certified and results would be invalid.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
City Clerk to send certified copy of resolution to the County Board of Supervisors and Registrar
of Voters.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Certificate of Election Results
Attachment C - December 7, 2000 Precinct Reports
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION OF MEMBERS TO
THE CITY COUNCIL OF NOVEMBER 7, 2000
WHEREAS, a General Municipal Election for members of the City Council of the City of
Saratoga was conducted on November 7, 2000; and
WHEREAS, the results of that election are duly certified by the Santa Clara County Registrar of
Voters, a copy of the official canvass of ballots cast in the election being attached hereto as
Exhibit A; and
WHEREAS, the City 'Council now meets to declare the results of the canvass of ballots; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga hereby declares elected to
full terms of office the following members of the City Council:
Stan Bogosian
Ann Waltonsmith
BE IT FURTHER RESOLVED, that the City Council determines the results of the election to be
as shown on Exhibit A attached to and made part of this resolution, and that the City Clerk is
directed to enter these results in the official records of the City of Saratoga.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held On the 12th day of December, 2000 by the following vote:
AYES'
NOES'
ABSENT:
ABSTAIN:
ATTEST:
Stan Bogosian, Mayor
Cathleen Boyer, City Clerk
ATTACHMENT A
Certificate of Election Results
STATE OF CALIFORNIA )
) SS.
County of Santa Clara )
I, Kathryn J. Ferguson, Registrar of Voters of the County of Santa Clara, State of
California, hereby declare that a GENERAL ELECTION was held in the CITY OF
SARATOGA and consolidated with the Statewide General Election on November 7~, 2000,
for the purpose of electing two members to the City Council and submitting Measure G to
the voters of said city; and to wit:
G Shall the City of Saratoga reaffirm and readopt an ordinance prohibiting until
March 15, 2002 the approval of residential development projects on lands designated in the
Saratoga General Plan as "Retail Commercial", "Professional Administrative", "Gateway
Landscaping", or "Planned Development"?
That the results of said Election were canvassed by the Office of the Santa Clara
County Registrar of Voters in accordance with applicable provisions of the California
Elections Code; and,
That the Statement of Votes Cast, to which this Certificate is attached, shows the
total number of votes for each candidate for said seats, and for and against Measure G in
the CITY OF SARATOGA, and each of the respective precincts; and that the totals shown
for each candidate are true and correct.
WITNESS my hand and Official Seal this 5th'day of December, 2000.
Registrar of Voters
ATTACHMENT B
12/5/2000 2:35 AM SANTA CLARA COUNTY Statement of Votes
November 7. 2000 PRESIDENTIAL GENERAL ELECTION
350 of 529
PRESIDENTIAL GENERAL ELECTION. NOV. 7.2000
39 SARATOGA CITY COUNCIL
4674 PCT 4674 386 237 61.4 101 103 97
4674 - ADsentees 386 72 18.7 33 33 21
4676 PCT 4676 702 38(3 54.1 168 178 153
4676. Absentees 702 187 26.6 102 101 62
4677 PCT4677 467 - 277 59.3 129 118 110
¢677 - Absentees 467 69 14,8 30 29 20
~678 PCT 4678 952 566 ' 59.5 242 250 231
~678 - Absentees 952 : 151 15.9 85 66 63
~679 PCT4679 751[ · 385 .51.3 161 · 171 179
,4679 - Absentees 751 210 28.0 86 93 111
4683 PCT 4683 73-c 393 53.5 213 238 151
4683 - Absentees 73.= 188 25.6 1121 124 60
4684 PCT4684 732 411 . 56.1 " ' ' 164 ' 195 199
4684 - Absentees 732 ,' 160 21.~ '. .67 ' 74 . 73
4685 PCT4685 .85~ 429 50..= .. _ .~ ~ · 202 ,~L :..218 ' 17,~
4685 - Absentees 85(3 237 27.S 114 119 77~
4687 PCT 4687 833 441 52.S 21C 219 192
4687. Absentees 833 237 28.5 102 101 114
4688 PCT4688, : 7801 ,:421 ,, 54.(3: , . 18~ 192 .18~
4688. Absentees . 780 ':~;: ?229 . .29.4 . . :i , . . 111 110 ,102
4689 PCT4689 '- ": ' 614 : :346 ".? 56.4 .' . · ,, 158 . 170 ,, -135
4689 - Absentees 614 152 24.8 85 74 62
4690 PCT 4690 453 235 51.9 121 117 91
4690 - Absentees 453 139 30.7 62 73 64
4691 PCT 4691 ..... " 786 434,::55.2 '196 "182 202
4691 -Absentees: '~ ~ '786 '.'19~ 25.1 · · · 92 88 77
4692 .PCT4692 · .: . :':.:595 .~:/'!321' : 53.9 'i :. · 160 · '. ,171 149 .,
4692 - Absentees 595 113 19.0 59 64 43
4693 PCT 4693 573 2921 51.0 140 151 138
4693 - Absentees 573 151 26.4 71 74 75
4695 PCT4695 ~. 489' 57.9 '~' ' · 122 120 135
4695-At)sentees ' 489 "':" 10C . 20.4 , 53 42 45
4696 PCT4~96 ,' '."~832 ,~'501 ~ '60.2 -:,.=' 256 ' 23 180
4696 - Absentees 832 169 20.3 77 7~ 75
4697 PCT 4697 571 27~ 48.3 112 11~ 136
4697 - Absentees 571 177 31.0 95 77 80
4698 PCT4698 '~' .' '936 .. 50~ ':'54.1 ! I ' 171 .214 237
~o98 - A~3eentees' '936 ,236 ',.,~25.2 '~ , 97 9~ 102
4699 PCT46,99, ,, ,...,:- 906 , ~5~ ,": 61.7 ' . 250 283 200
~.699 * Absentees 906 189 20.9 82 77 76
¢702 PCT 4702 694 333 48.0 162 145 125
¢702 * Absentees 694 184 26.5 102 85 66
¢703 PCT4703 · . :~ · 586 :". ~316 '53.9 ~ · = ~ : ,158 154 118 ,
4703 - Absentees :'" :', ':: 58~ ' 161 'i :27,5 ' 63 78 75
,4705, PCT4705 :.~ "',. :: .: '.,~851 :':! 357 ~.54.~ ,: ..... 172 .181 129
4705 - Absentees 651 169 26.0 87 90 61
4710 PCT 4710 35.= 213 60.C 103 95 84
4710 - Absentees 35.= 78 22.(~ 4.C 45 34
4711' PCT4711 ...': '-: ~: ,:': , .:: 572 .=~:"3i2 : ,~ 54.~ .' , . 14~ .133 1401
4711-At3senteee.. :' ..'572 '7..157 .~.?'27.4 .. · . ' : 6~ 84 7~ "
4714 PCT4714 .' "50~ ~:.: 276 ': 54.2 .... . 11~ 137 13C
4714 - Absentees 509 128 25.1 ' 4~ 67 5~
4715 PCT 4715 644 319 49.5 167 145 15~
4715 - Absentees 644 173 26.~ 7~ 81 8~
4718'PCT. 4718 ''... : , ~:.,798 501 62.8 ' 273 259 '164
4718 - Abeenteee ' . 798 ~187 ~,~23.4 ' 100 '109 57
4723 PCT4723 .., ,'-732 , 429 ::'.,58.6 · . 211 191 182
4723 - Absentees 732 145 19.8 65 71 65
4729 PCT 4729 35 29 82.9 8 17
4729 - Absentees 35 1 2.9 I 1
...... ~.. :. ,:.j ,: .~'.
PrecieetTo*,als 19519 .' 10~, .":'.~55.2 '.?,,' ' ' 4971 5103 452:
· ~.,. . .,.~ :':..: '.: .-. '~..- .
Absef~teeTotals ' ~, . 19519 ,474~ 24.3 7 ':::. ': ,2258 .230~ 1973
Gra,~dTOtaJs : .~ · '. :, ~19519 .15524 ~79.5 '.~:~' 7237 '7407 6496
ATTACHEMNT C
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING ~EPT: City M~nager
CITY MANAGER:
DEPT HEAD:
SUBJECT: Certification of November 7, 2000 General Municipal Election Results And
Canvass Of Returns From The County Registrar Of Voters For Measure G.
RECOMMENDED ACTION:
That Council aPprove the attached resolution declaring canvass of returns and results of the
General Municipal Election held on November 7, 2000.
REPORT SUMMARY:
This report reflects the official results of the November 7, 2000 General Municipal Election for
measure G. The Santa Clara County Registrar of Voters completed the official canvass of
returns and has certified the votes cast. The City Council is required to declare the results of the
election by resolution.
MEASURE G:
Shall the City of Saratoga reaffirm and readopt an
ordinance prohibiting until March 15, 2002 the YES
approval of residential development projects on 73.5%
lands designated in the Saratoga General Plan as
"Retail Commercial", "Professional
NO
Administrative", "Gateway Landscaping", or
"Planned Development"? 26.5%
FISCAL IMPACTS:
The final cost of the General Municipal Election for placing Measure G on the ballot was
$10,443.00 appropriated from the City Clerk budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The General Municipal Election results for Measure G would not be certified and results would
be invalid.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
City Clerk to send certified copy of resolution to the County Board of Supervisors and Registrar
of Voters.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Certificate of Election Results
Attachment C - December 7, 2000 Precinct Reports
2 of 3
RESOLUTION NO. 00-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING THE RESULTS OF THE ELECTION CONCERNING MEASURE G AT THE
ELECTION OF NOVEMBER 7, 2000
WHEREAS, a General Municipal Election was conducted on November 7, 2000, consolidated with the
California General Election held on that same date, and
WHEREAS, the results of that election are duly certified by the Santa Clara County Registrar of
Voters, a copy of the official canvass of ballots cast in the election being attached hereto as Exhibit A,
and
WHEREAS, the City Council now meets to declare the results of the canvass of ballots, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga declares that
Measure G has passed, and
BE IT FURTHER RESOLVED, that the City Council determines the results of the election to be as
shown on Exhibit A, attached to and made a part of this resolution, and that the City Clerk is directed
to enter these results in the official records of the City of Saratoga.
Passed and adopted at an adjourned meeting of the City Council of the City of Saratoga held on the
12th day of November 2000 by the following vote:
AYES:
NOES
ABSENT:
ABSTAIN:
ATTEST:
Mayor
Cathleen Boyer, City Clerk
Certificate of Election Results
STATE OF CALIFORNIA )
County of Santa Clara )
I, Kathryn J. Ferguson, Registrar of Voters of the County of Santa Clara, State Of
California, hereby declare that a GENERAL ELECTION was held in the CITY .OF
· SARATOGA and consolidated with the Statewide General Election on November 7, 2000,
for the purpose of electing two members to the City Council and submitting Measure G to
the voters of said city; and to wit:
G Shall the City of Saratoga 'reaffirm and readopt an ordinance prohibiting until
March 15, 2002 the approval of residential development projects on lands designated in ithe
Saratoga General Plan as "Retail Commercial", "Professional Administrative", "Gateway
Landscaping", or "Planned Development"?
That the results of said Election were canvassed by the Office of the Santa clara
County Registrar of Voters in accordance with applicable provisions of the California
Elections Code; and,
That the Statement of Votes Cast, to which this Certificate is attached, shows the
total number of votes for each candidate for said seats, and for and against Measure G in
the CITY OF SARATOGA, and each of the respective precincts; and that the totals shown
for each candidate are true and correct.
WITNESS my hand and Official Seal this 5th day of December, 2000.
Registrar of Voters
12/5/2000 2:35 AM SANTA CLARA COUNTY Statement of Votes
484 of 529
November 7, 2000 PRESIDENTIAL GENERAL ELECTION
PRESIDENTIAL GENERAL ELECTION, NOV. 7. 2000
49 MEASURE G
}
~ o
~74 POT ~74 ~6 237 61.4 147
~74 - Absent~s ~ 72 18.7 ~ 15
~76 PCT ~76 7~ ~ ~.1 2~
4676 - Absentees 702 187 26.6 126 3S
~77 PCT 4677 467 277 59.3 185
4677 - Absent~s 467 6g 14.8 ~ 12
~78 PCT 4678 ~2 ~6 '~.5 ~ '155
~78 - ~ent~s ~ 151 15.9 ~ 41
~79 P~79 751 ~5 51.3 ~4 107
4679 - Absent~s 751 210 28.0 I~
4683 PCT 4~3 735 393 53.~ 275 74
~83 - ~sent~s 735 188 25.~ 129
~ P~ '~ 411 ~.1 2~~
~ P~ ~ ~ <429 ~.5 ~1
4685. Absent~s ~C 237 27.g 141
4687 PCT 4~7 ~3 ~1 ~.g 287 107
~87 - ~sent~s 833 237 28.5 168
~ P~ ~ ~1 '~-~ . ~ 278 ' ~
~8- ~nl~ , ~ ~ '; ~,4 ~ 151
~9 P~9 ' 614 ~ =~.4 213~, 74
4689 - ~sent~s 614 152 24.8 105 31
4690 PCT 4690 453 23E' 51.9 157 51
4690 - ~sent~s 453 13~ ~.7 ~ 37
~91 P~I ' ~ ;~ ": ~.2 .: .~=
~1 - ~nt~ ~ 197 . 25.1 ·., 128
~ PCT ~2 ~5 ~ . ~1 ~.9 , ,.. ~7
4692 - ~sent~s 595 113 19.0 ~ 2~
4693 PCT 4693 573 292 51.0 182 71
4693 - A~sent~s 573 151 26,4 97 42
~ P~5 ~ ~. ~ ~3 57.9 . 175 61
~95 - ~nt~ ~ ' ' ~ 1~ ' ~-~ " . ~ 25
~ 'P~ '. ~ ~1 ~'~.2~ ' · ' ~ 11~
4696 - Absem~s ~2' 169 20.3 101 45
~97 P~ 4697 571 276 ~.3 1~
~97. ~sent~s 571 177 31 .C 111,
~ P~ ~ ~ · ~.1 ' ~ 117
~ - ~nt~ ' ~ .~ 25.2 1~
~ P~. ~ ;~.', ~ ~ ~9 61.7 ~ 107
4699 - Absent~s ~6 189 20.9 115
4702 PCT 4702 6~ ~3 ~.0 203
4702 - ~sent~s 6~ 1 ~ 26.5 111
4703 ~4~3, .:"~, ~ 316 ~.9 '~., .'.. '; : 1~ 75
4703-~nt~ : _ · :~,.. ~ <,161 -' ~.5 113
47~ P~4~ . . 'i . ~1 · '~7 '~.8 ,: · ~
4705 - ~sent~s ~1 16~ 26.0 117 25
4710 PCT 4710 355 213 ~.0 135
4710 - ~sent~s ~5 78 ~.0 47 21 ~
4711.P~4711 ~ ~ "' 312 ' ~.5 ' ; ~. 1~ ~
4711 - ~t~ -' , ..: ' . ~ 157 ' ' ~.4 ....~ ' ~
4714 ~4714 ·" ~ , ~6 ~2 ~ '. 1~ '
~714 - ~sent~s ~9 128 25.1 73 31
~4715 PCT 4715 ~ 319 49.5 193
4715. Absent~s ~ 173 26.~ 102
4718 P~4718 .: ..~: ~ ..'.. ~ ' ~1 ~.~ . . ~
4718. ~nt~ . · ~ 187 ~.~.4 : . 1~
4723 P~ 4~ ' " : ~ , 4~ '~.l · , ~ ~ .
4723 - ~sent~s 732 145 19.B ~ 31
4729 PCT 4729 35 29 ~-g 21 8
4729 - ~sent~s ~ I 2.9 C 1
p~i~tT~ .,: ., . 1~19 ,10~ ..~ ;~.2 ~ ; ;. .~ '2471
"~:':~ '"1~'19 ': 4~ ' .~24.3 · ~ ' ~
Gm~ To~ '., ,'~' ~71
OATH OR AFFIRMATION
OF ALLEGIANCE FOR
PUBLIC OFFICERS AND
EMPLOYEES
State of California, }SS
County of
City of ·
The Execution of this Oath is Required by Article XX, Section 3, of the
Constitution State of California.
£ ,
do solemnly affirm that I will ~pport and defend the Constitution of
the United States and tile Constitution of the State of California
against all eneraies, fore~n and dorrmstic; that I will bear tree faith
and allegiance to tile Constitution of the United States and the
Constitution of the State of California; that I take this ob[¢ation
free[y, witfiout any menta[ reservation or pu~ose of evasion; and that I
will well and faithfully discharge the duties upon which I am about to
enter.
Subscribed and sworn to before me this
dayof
S~nature of Officer Administering Oath
Btle of Officer Administering Oath
S~nature of Person Tal~ng oath
OATH OR AFFIRMATION
OF ALLEGIANCE FOR
PUBLIC OFFICERS AND
EMPLOYEES
State of California, ~
County of
City of SS.
The Execution of this Oath is Required by Article XX, Section 3, of the
Constitution of the State of California.
do solemnly 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 obl~ation
freely, without any mental reservation or purpose of evosion; and that I
will well andfaithfully discharge the duties upon which I 'am about to
enter.
Subscribed and sworn to before me this
dayof
S~nature of Officer Administering Oath
Btle of Officer Administering Oath
S~nature of Person Tal~ng Oath
i'
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000
ORIGINATING/~EPT:. City Manager
PREPARED '~':~ ' ; ' ~ -
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: City Councilmembers Oath of Office.
RECOMMENDED ACTION:
That Council direct City Clerk to administer Oath of Office to:
Their terms will expire on 11/04.
REPORT SUMMARY:
Stan Bogosian
Ann Waltonsmith '
With the official election results certified by the Registrar of Voters and adopted by resolution of
the City Council, it is appropriate to administer the Oath of Office to newly elected City
Councilmembers. The Oath of Office will be administered by the City Clerk and signed by the
Councilmembers.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Newly elected City Councilmembers will not be sworn in.
ALTERNATIVE ACTION:
N/A
- FOLLOW UP ACTION:
Update City's Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A - Oath of Office
SARATOGA CITY COUNCIL
MEETING DATE: October 4, 2000
DEPT: Community Development
AGENDA ITEM:
CITY MANAGER:
DEPT HEAD:
SUBJECT: Azule Crossing development status report.
RECOMMENDED ACTION:
Accept status report.
REPORT SUMMARY:
As requested at the September 20 City Council meeting, the following is a summary status report
of the Azule Crossing project:
New exterior illuminated signs have been placed on the front commercial building. The
property owners were notified that the new signs required a City permit and have since
submitted an application and paid the fees to obtain a permit. Since the signs look fine and
provide a uniform signage theme for the building, I am anticipating approving the sign permit
with a condition that the rear elevation signs - the ones facing the existing and future homes -
not be illuminated.
Construction drawings have been submitted for both the new homes and the renovated and
expanded commercial building. Both property oxvners are aware that the commercial
building must be permitted before the City will release the residential permits. Further, they
are both aware that no homes will be finaled for occupancy and no improvement bonds will
be released until the commercial project is completed.
Staff will also monitor the project to make sure that reasonable progress is being made on the
commercial project to ensure its completion coincides with the completion of the homes.
Using 25%, 50% and 75% completion milestones, staff will consider stopping the residential
project if it gets too far ahead of the commercial project.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Not applicable.
ALTERNATIVE ACTION:
Not applicable.
FOLLOW UP ACTION:
Staffwill continue to monitor status of project and notify the City Council if problems arise.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
None.
2 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000
ORIGINATING DEPT: Community Development
PREPARED BY: Kristin Borel
AGENDA ITEM: ~-~ ~'~
CITY MANAGER: ~?~~--~
DEPT HEAD~J_~.~~f ~1/~
SUBJECT: Planning Commission Action Minutes for November 21, 2000
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Not Applicable
FISCAL IMPACTS:
Not Applicable
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not Applicable
ALTERNATIVE ACTION(S):
Not APpliCable
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not Applicable
ATTACHMENTS:
1. Action Minutes for Planning Commission Meeting for November 21, 2000
CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE:
PLACE:
TYPE:
Tuesday, November 21, 2000 - 7:30 p.m.
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL: Chairman Page, Commissioners Barry, Bernald, andJackrnan
ABSENT: Commissioners Kurash, Patrick and Roupe
STAFF: Director Walgren and Minutes Clerk Shirm
PLEDGE OF Ar r FGIANCE
MINUTES - November 8, 2000
ORAL COMMUNICATIONS
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on
November 17, 2000.
TECHNICAL CORRECTIONS TO PACKET
CONSENT CALENDAR
o
o
UP-00-008 (386;53-019) - METRICOM, 12378 Saratoga-Sunnyvale Road; Request for
Use Permit approval to install 12 antennas (three antennas per sector, four sectors total),
mounted 57 feet from the ground on an existing 125 feet tall utility lattice tower. An
associated equipment cabinet located 20 feet to the southeast of the base of the tower is
part of the proposal. (CONTINUED 4-0 TO 12/13/00)
UP-00-011 (397-19-017) - PACIFIC BELL WIRELESS, 19699 Saratoga-Los Gatos
Road; Request for Use Permit approval to install two antennas and a microcell
· equipment cabinet on an existing utility pole located within .the public right-of-way.
(CONTINUED 4-0'TO 12/13/00)
DR-00-037 (397-04-067) - TOMPKINS, 14740 Sobey Road; Request for Design
Review approval to allow a detached garage with a maximum proposed height of
approximately 15 feet, as opposed to the maximum allowed' height of 12 feet for an
accessory structure. The parcel is approximately 63,378 square feet located in an R-1-
40,000 zoning district. (APPROVED 4-0)
PLANNING COMMISSION AGENDA
NOVEMBER 21,2'000
PAGE2
DR-00-042 (397-16-076) - CALDERONI, 19573 Minocqua Court; Request for Design
Review approval to demolish an existing 4,050 square foot single story residence and
construct a new 6,035 square foot single story residence, with a 1,500 square foot
basement. Maximum height of the structure will be 26 feet tall. The site is 44,441 square
feet and is located within an R-I-40,000 zoning district. (APPROVED 4-0)
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place.. If you
challenge a decision of the Planning Commission pursuant to a public hearing in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga
Planning Commission at, or prior to, the public hearing. In order to be included in the
Planning Commission's information packets, written communication should be filed on or
before the Thursday before the meeting.
DR-00-032 (510-01-003) - QUICKE, 19892 Menddsohn Lane; Request for Design
Review approval to remodel an existing 2,953 square foot single story residence, adding
485 square feet to the first floor and a new 562 square foot second floor for a total new
floor area of 4,000 square feet. The height of the existing residence is approximately 15
feet with the new height proposed at 23 feet. The property is 18,700 net square feet, and
is located in an R-i-20,000 zoning district. (APPROVED 3-1, BERNALD OPPOSED)
DR-00-033 ~ V-00-015 (397-11-011) - JASWA, 19251 Valle Vista Drive; Request for
Design Review approval to remodel an existing 2,319 square foot residence, adding 1,254
square feet for a total floor area of 3,573 square feet. The highest point of the existing
residence is 24 feet. The proposed maximum height is 26 feet. Variance approval is
necessary to allow the structure to maintain existing non-conforming setbacks. The
property is 44,460 square feet, and is located in an R-i-40,000 zoning district.
(APPROVED 4-0)
A-OO-OO2/AZO-O0-O01 6z DR-00-041-(510-26-047) - ESCHEN/ESCHENROEDER,
19770 Glen Una Drive; Request for Design Review approval to demolish an existing
3,101 square foot residence, 1,068 square foot garage and a 940 square foot barn, totaling
5,109 square feet and construct a new two-story residence with a first floor of 5,052
square feet and a second floor of 519 square feet totaling 5,571 square feet with a 760
square foot detached guest house, is also proposed. The maximum height of the
proposed residence is 26 feet and the maximum height of the proposed guest house is 15
feet. Because the parcel is currently located in Santa Clara County, contiguous to the
City of Saratoga boundary, Annexation approval is also required as well a Zoning
Ordinance Amendment to bring the property into the City and the R-i-40,000 zoning
district. The property is 57,939 square feet net. (APPROVED 4-0)
PLANNING COMMISSION AGENDA
NOVEMBER 21,2000
PAGE3
o
DR-00-040 (397-35-005) - PHAN, 19396 Crisp Avenue; Request for Design Review
approval to demolish an existing 3,356 square foot residence and construct a new 5,838
square foot residence in its place. The maximum height proposed is approximately 26
feet. The parcel is approximately 48,350 square feet located in an R-I-40,000 zoning
district. (APPROVED 4-0)
V-O0-021 (397-07-060) - COE, 15217 Sobey Road; Request for Variance approval of an
existing newly constructed retaining wag that exceeds the maximum 5 foot height
requirement. Maximum height of the wall in certain areas will be 6 feet 7 inches tall.
(APPROVED 4-0)
DIRECTOR ITEMS
COMMISSION ITEMS
COMMUNICATIONS
WRITTEN
- City Council Minutes for regular meeting of October 18, 2000.
ADJOURNMENT AT 9 P.M. TO NEXT' MEETING
- Wednesday, December 13, 2000, Council Chambers/Civic Theater
13777 Fruirvale Avenue, Saratoga,.CA '
SARATOGA CITY COUNCIL
MEETING DATE: Decemberl2, 2000 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER:
PREPARED BY: DEPT HEAD:
SUBJECT: Appeal of Planning Commission-approval':..gf a Tentative Map for the
subdivision of a 3.7 acre parcel, located at 20251 Saratoga-Los Gatos Road, into five
separate parcels ranging in size from 21,100 square feet to 46,530 square feet. An
Environmental Initial Study was prepared for the project and a Negative Declaration was
adopted.
FILE: SD-00-002; HOWELL & McNEIL, LLC, 20251 Saratoga-Los Gatos Road
RECOMMENDED ACTION:
Deny the appeal and uphold the Planning Commission's decision.
REPORT SUMMARY:
Project'neighbors Lester and Helen Lee are appealing the Plmii~ig Commission's apprOval of a
Tentative Map to subdivide a 3.7 acre parcel into five separate parcels ranging in size from
21,100 square feet to 46,530 square feet. The subject property is located on the southeast side of
Carnelian Glen Court at the comer of Saratoga-Los Gatos Road. There is currently a main
residence and a sizeable guest house on the property. The main residence is proposed to remain
on the newly-created Lot 3. The guest house is proposed to be demolished. The proposal
includes improving the pedestrian pathway along the portion of the property abutting Saratoga-
Los Gatos Road. The applicants have worked closely with staff on the design of the subdivision.
The application has been reviewed by the Parks and Recreation Commission, the Heritage
Preservation Commission, the Public Works Department, the Saratoga Fire District, San Jose
Water Company, PG&E and the City Arborist. All recommendations have either been
incorporated into the plans or are included as conditions of approval. Public hearings were held
before the Planning Commission on August 9 and September 27, 2000 to evaluate the proposal
and to receive public comment. The planning Commission_ers also visited the site on two
occasions to better understand the project and neighbor concerns. The Tentative Map was then
conditionally approved on September 27.
The City Council heard this appeal at their November 15 meeting. Council members Baker and
Waltonsmith stated that they would not be able to support the five-lot subdivision with the
proposed flag lot necessary to create Lot 4. Upon further discussion, the Council agreed to
continue the appeal hearing to allow the applicants an opportunity to present a revised Tentative
Map that combined the 'driveway of Lot 4 with the driveway of either Lot 3 or Lot 5. This
revised map is attached as Exhibit B. It was anticipated that this compromise would satisfy the
concerns of the appellants, who did not want a driveway located directly opposite their home.
This alternative would not address the concerns raised by some Council members that the flag lot
would detract from the aesthetics of the site and the significance of the existing estate.
Please refer to the previously distributed Appeal Application, Planning Commission meeting
minutes and Staff Report of August 9, 2000, and Planning Commission meeting minutes and
Staff Memorandum of September 27, 2000 for project details and Planning Commission review
history. Draft minutes of the November 15 City Council meeting are included in the Council
members' packets.
FISCAL IMPACTS:
Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS:
The Tentative Map would be denied.
ALTERNATIVE ACTIONS:
The City Council could direct the aPplicants to revise the Tentative Map to reduce the number of
lots if reasonable land use findings could be made to support this decision.
FOLLOW UP ACTION:
A Resolution will be prepared for the next available City Council meeting memorializing the
Council's decision.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A hearing notice has been published in the Saratoga News and mailed to all surrounding property
owners within a 500 foot radius of the project site.
ATTACHMENTS:
1. Revised Tentative Map, Exhibit B
2 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000
ORIGINATING DEPT: City Manager
CITY MANAGER:
DEPT HEAD:
SUBJECT: Commission Attendance Records
RECOMMENDED ACTION:
Informational only..
REPORT SUMMARY:
Attendance reports for all Commissions are submitted semi annually for periods January 1
through June 30 and July 1 through December 31. Since the previous City Clerk resigned in
March 2000, the City Council did not receive or review the first half of the year's attendance
records.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENT:
Attachment A - Commission Attendance Records 1/00 - 12/00
Interoffice Memorandum
To:
From:
Date:
Re:
Cathleen Boyer, City Clerk
Mary Jo Walker, Administrative Services Director
November 22, 2000
Finance Commission Attendance Reports for January 2000 to December 2000
January 10 February 7 March 13 April 10 May 8 June 12
Ernie Brookfield Present Present Present Present Absent Present
Ching-Li Chang Absent Present Present Absent Present Present
Michael Gordon Present Present Present Present Present Present
Al Roten Absent Present Present Present Present Present
Sam Ochi Present Present Present Absent Present Present
Chuck Swan Present Present Present Present Present Present
Gary Wolf Present Absent Absent Resigned N/A N/A
July 10 Au,qust '14 September 11 October 2 November '13 December 11
Ernie Brookfield Present Present Absent Present Absent
Ching-Li Chang Present Absent Present Present Present
Robert Gager Present Present Present Present Present
Michael Gordon Present Present Absent Present Present
Al Roten Present Present Present Resigned N/A
Sam Ochi Present Present Present Present Present
Chuck Swan Present Present Present Absent Present
Cancelled
Copy to: Dave Anderson, City Manager
COMMISSION MEETING ATTENDANCE RECORD
Date: November 28, 2000
Commission: Heritage Preservation Commis§ion
Period Covered: January - June 2000
Number of Scheduled Meetings: 5 Regular Meetings
-Number of Special Meetings: 0 Special Meetings
Commissioner
Number of Absences
Anderson, Nancy 3
Fine, Larry 1
Hunter, Jill 0
King, Carolyn 1
Koepernik, Norman 1
Peck, Willys 0
Peepari, RObert 1
Wyman, Beth 0
Submitted by:
( ) ' 'Jam(s qalgren, AICP
~ Herit'ag~ Preservation Commission Staff Support
COMMISSION MEETING ATTENDANCE RECORD
Date: November 28, 2000
Commission: Heritage Preservation Commission
Period Covered: July - December 2000
Number of Scheduled Meetings: 5 Regular Meetings
Number of Special Meetings: 0 Special Meetings
Commissioner
Anderson, Nancy
Hunter, Jill
King, Carolyn
Koepemik, Norman
Peck, Willys
Peepari, Robert
Wyman, Beth
Number of Absences
3
1
1
0
0
0
0
Submitted by:
/ 1 Ja~nesff3J~[gren, AICP
~ Heritage~Preservation Commission Staff Support
COMMISSION MEETING ATTENDANCE RECORD
Date: December 7, 2000
Commission: Library
Period Covered: January- December 2000
Number of Scheduled Meetings: 11 Regular Meetings
2 Cancelled - No Quorum
Commissioner
Number of Absences
Chair Manzo 1
Chandra 1
Cross 2
Foscato 1
Gipstein 1
O'Donnell 1
Towse 3
Lori Bums
Staff Liaison to Library Commission
Parks & Recreation Commission
Attendance Record
For the Period January 1, 2000-June 30, 2000
Commission Member
Alberts, Judy
Clabeaux, Elaine
Dodge, Sandra
Fronczak, Norbert
Ioannou, Sheila.
Olsen, Barbara
Seroff, Nick
Number of Meetings
Attended
9 ofl0
10 of 10
6 ofl0
9 ofl0
10 of 10
5:of 10
9 ofl0
Parks & Recreation Commission
Attendance Record
For the Period July 1, 2000-December 31, 2000
Commission Member
Alberts, Judy
Clabeaux, Elaine
Dodge, Sandra
Fronczak, Norbert
Ioannou, Sheila
Olsen, Barbara
Seroff, Nick
Number of Meetings
Attended
6 of 7
5 of 7
3 of 7
6 of 7
6 of 7
6 of 7
6 of 7
No official meeting was held December 2000 due to the Holidays
COMMISSION MEETING ATTENDANCE RECORD
Date: November 28, 2000
Commission: Planning Commission
Period Covered: January - June 2000
Number of Scheduled Meetings: 12 Regular Meetings
Number of Special Meetings: 0 Special Meetings
Commissioner
Barry, Cynthia
Bemald, Mary-Lynn
Jackman, Ema
Kurash, Lisa
Page, Chuck
Patrick, Margaret
Roupe, George
Number of Absences
1
3
2
1
2
3
Submitted by:
()J;m-e's~W}aigren, AICP
Planm'~ Commission Secretary
COMMISSION MEETING ATTENDANCE RECORD
Date: November 28, 2000
Commission: Planning Commission
Period Covered: July - December 2000
Number of'Scheduled Meetings: 10 Regular Meetings
Number of Special Meetings: 0 Special Meetings
Commissioner
Barry, Cynthia
Bemald, Mary-Lynn
Jackman, Ema
Kurash, Lisa
Page, Chuck
Patrick, Margaret
RoUpe, George
Number of Absences
0
3
3
0
3
4
Submitted by:
~/J~'' Ja~ ~algren, AICP
Plann'~ig Commission Secretary
r
COMMISSION MEETING ATTENDANCE RECORD
Date:
Commission:
Period Covered:
December 12, 2000
Public Safety
X January-June
__ July-December 2000
Number of Scheduled Meetings: 5 Regular
2 Special
Commissioner:
Number of Absences:
Andreson
0
Ballingall
2
Biester '
Edel
Hexamer
0
Kane
0
McClellan
0
Submitted by::~:zz=~~_ , Paula Reeve for
Chris Korn
StaffLiaison to the Public Safety Commission
COMMISSION MEETING ATTENDANCE RECORD
Date:
Commission:
Period Covered:
December 12, 2000
Public Safety
January-June
X
July-December 2000
Number of Scheduled Meetings: 5 Regular
0 Special
Commissioner:
Number of Absences:
Andreson
0
Ballingall
Biester
0
Edel
Hexamer
Kane
0
McClellan
Submitted by:
Paula Reeve
StaffLiaison to the Public Safety Commission
COMMISSION MEETING ATrENDANCE RECORD
Date:
Commission:
Period Covered:
Number of Scheduled Meetings:
28 January 2000
Youth
January - June 2000'
5
Commissioner
Altafi
Atkin
Blair
Famum
Ghassemi
Kirwan
Levin
Luskey
Onn'
Pramanik
Sywak
Weiner
Respectfully submitted by:/'~"6verly
Tucker
: Recreation Supervisor
i'
Number of Absences
1
0
1
1
0
1
1
0
0
0
1
2
COMMISSION MEETING ATTENDANCE RECORD
Date:
Commission:
Period Covered:
Number of Scheduled Meetings:
6 December 2000
Youth
July to December 2000
4
Commissioner
Number of Absences
Altafi 0
Atkin 0
Ballingall 0
Blair 0
E1-Diwany 0
Farnum 0
Kirk 0
Levin 0
Luskey 0
Onn 0
Pramanik 0
Siadat 0
Sywak 0
Respectfully submitted by:
//B ~v/er~ ~cker
~( Recreation Supervisor
' ni
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY: //~ t~n/ ~
SUBJECT: Financial Reports for the Four Months Ended October 2000
RECOMMENDED ACTION(S):
Accept the financial reports and the Treasurer's report for the four months ended October 31,
2000.
REPORT SUMMARY:
The accompanying financial reports represent the revenues, expenditures and fund balances in all
City funds for the four months ended October 31, 2000.
Summary
Overall, revenues are slightly higher than expected at this point in the annual cycle, and
expenditures slightly lower than expected. For the four months ended October 31, the City is in a
positive financial condition when compared to the annual budgeted revenues and expenditures.
Revenues
General Fund revenues are about $475,000 higher than expected as of October 31. This is due to
slightly higher sales tax, construction tax, interest income, and motor vehicle license fees, as well
as an unbudgeted one-time grant from the California Law Enforcement Equipment Program
(CLEEP) that was approved in the Governor's budget.
In other funds, development revenues are starting out the fiscal year higher than budgeted due to
the continued active building environment. Revenues in all other funds remain approximately as
anticipated or slightly higher.
Expenditures
General Fund expenditures are about $50,000 lower than anticipated as of October 31, with
savings in many of the program budgets. In other funds, the Streets and Roads Fund
expenditures are also about $40,000 lower than budgeted, which is normal this early in the
annual cycle. Other funds are very close to where they are expected to be.
Fund Balance
The General Fund balance is $8,631,345 as of October 31, 2000, and $15,723,197 for all funds
combined. At this point, it is anticipated that the General fund balance will be at approximately
$700,000 lower by June 30, 2000, and that the fund balance for all funds combined will be about
$3 million lower, assuming that capital project funds which were budgeted for the year but not
yet spent, will be spent by June 30.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
Accept and file the reports.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Financial reports for October 2000.
Treasurer's Report for October 2000.
Monthly_OctO0 2
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
FUND BALANCE
FUND FUND DESCRIPTION
001 GENERAL FUND
002 MIS REPLACEMENT FUND
003 PERS RETIREMENT FUND
TOTAL GENERAL FUND
SPECIAL REVENUE FUNDS:
100 COPS SUP. LAW ENFORCEMENT
110 TRAFFIC SAFETY SRF
150 STREETS&ROADS SRF
160 TRANS DEV ACT SRF-CAP PRO3
170 HILLSIDE REPAIR SRF
180 LANDSCAPF_dLGTNG SRF
250 DEVELOPMENT SRF
260 ENVIRONMENTAL PRG SKF
270 HOUSING & COMM DEV SRF
zg0 RECREATION SRF
Z92 FACILITY OPS SRF
293 THEATER TCK SRCHG SRF
TOTAL SPECIAL REV. FUNDS
CAPITAL PROJECT FUNDS:
310 PARK DEVELOPMENT
320 LIBRARY EXPANSION
TOTAL SPECIAL REV. FUNDS
DEBT SERVICE FUND:
¢00 LIBRARY BONDS DEBT SVC
AGENCY FUNDS:
420 LEONARD ROAD DEBT SVC
720 C.A. TV TRUST FUND
730 PARKING DIST #2 DEBT SVC
740 PARKING DIST #3 DEBT SVC
$00 DEPOSIT AGENCY FUND
990 SARATOGA PUBL FIN AGNCY
TOTAL AGENCY FUNDS
TOTAL ALL FUNDS
AUDITED UNAUDITED
BALANCE YEAR TO DATE ADJUSTS & BALANCE
JULY 1. 2000~VENUE EXPENDITURE TRANSFER~ O(TY 31. 2000
$ 8,955,703 $ 2,386,313 $ 1.593,512 $ (I.282.076) $ 8,466,428
95,000 35,000 130,000
34,917 34,917
9,085,620 2,386313 I,$93,~12 (1,247,076) 0,631,34S
44,119 100,000 9,726 1,271 135,664
19,841 (19,841)
638,734 536,133 287,230 918,363 1,806,000
170,055 170,055
2,517 (2,517)
107,940 10,323 56,536 61,727
1,358,905 730,695 402,425 1,687,175
420,458 207,647 82,473 545,632
254 38,455 38,201
196,665 320,682 124,017
45,960 68,704 22,744
171 7,868 2,822 (5,217)
2,570,327 1,857,903 1,439,108 1,247,076 4,236,198
2,143,964 30,684 67,103 2,107, 545
28,185 (28,185
2,143,964 30,684 95,288 2,079,360
40,329 8,331 31,998
86,303 1,000 87,303
1,508 1,508
16,698 149,298 (132,600}
485,374 485,374
302,711 302,711
932,923 1,000 157,629 776,294
S 14,732,834 $ 4,27S,900$ 3,285,537 - S 1S,723,197
AUDITED PROJECTED PROJECTED PROJECTED
BALANCE YEAR TO DATE ADJUSTS & BALANCE
~SLY 1. 2000REVENUE EXPENDITURE TRANSFERS JUNE 30. 2001
$ 8,955,703 $ 7,531,184 $ 5,721,649 $ (2,993.647) $ 7,771,591
95,000 35,000130,000
34,917 34,917
9,085,620 7,$31,184 S,721,649 (2,958,647) 7,936,$08
44,119 70,128 8~806 11.341 38,782
' 153,500 26,090 (127,410) -
638,734 5,319,869 5,878,258 1,725,655 1,806,000
97,234 169,200 71,966 -
6,088 0 (6,088) .
107,940 177,954 177,740 108,154
1,358,905 1,508,200 1,646,522 (130,000) 1,090,583
420,458 547,546 621.380 346,624
262,928 287,821 34,051 9,158
782.300 1,045,808 263,508 -
125,000 224,128 99,128
171 25.000 41,516 16.345
2,$70,327 9,075,747 10,205,269 1,958,496 3,399,301
2,143,964 93,150 2,037,027 200,087
1,000,000 1,000,000
2,143,964 93,150 3,037,027 1,000,000 200,087
93,678 93,829 151
40,329 11,700 11,700 40,329
86,303 4,200 0 90,503
1,508 0 1,508
16,698 171.731 171,731 16,698
485,374 0 485,374
302,711 20,000 0 322,711
932,923 207,631 183,431 957,123
S 14,732,834 $ 17,001,390 S 19,241,205 S - $ 12,493,019
OCTOBER2000'xRECAP Page I 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
REVENUES
TITLE
REVENUE RECAP BY FUND
001 GENERAL FUND $
SPECIAL REVENUE FUNDS:
100 COPS-SLESF FUND
110 TRAFFIC SAFETY FUND
150 STREETS & ROADS SRF
160 TRANSPORT DEVELOP ACT SRF
170 HILLSIDE REPAIR FUND
180 LANDSCAPE & LIGHTING FUND
250 DEVELOPMENT FUND
260 ENVIRONMENTAL PROGRAM FUND
270 HOUSING & COMMUNITY DEV FUND
290 RECREATION FUND
292 FACILITY OPERATIONS FUND
293 THEATER TCK SRCHG SRF
TOTAL SPECIAL REVENUE FUNDS
310
400
CAPITAL PROJECTS FUNDS:
PARK DVLPMNT CAP PRJ FND
DEBT SERVICE FUND:
LIBRARY BOND DEBT SRV FND
TOTAL AGENCY FUNDS
420 LEONARD RD DEBT SER FUND
720 CA TV TRUST FUND
730 PRK DST#2 DBT SR/AGNCY FD
740 PRK DST#3 DBT SR/AGNCY FD
800 DEPOSITS AGENCY FUND
990 SARATOGA PFA AGENCY FUND
TOTAL AGENCY FUNDS
TOTAL ALLFUNDS
FISCAL YEAR 2000-01
ORIGINAL
BUDGET
REVISED
BUDGET
(if different)
ESTIMATED
ACTUAL
(if different)
7,531,184
70,128
153,500
5,096,627
97,234
6,088
177,954
1,508,200
547,546
262,928
782,300
125,000
25,000
YEAR-TO-DATE
10/31/00
ESTIMATE
$ 1,907,573
10/31/00
ACTUAL
$ 2386313
100,000 100,000
25,000 19,841
495,908 536,133
1,763 2,517
24,583 10,323
502,667 730,695
182,515 207,647
1,000 254
218,825 196,665
41,667 45,960
8,333 7,868
8,852,505 1,602,261 1,857,903
93,150 31,050 30,684
93,678
1,400 1,000
11,700
4,200
171,731
20,000
207,631 1,400 1,000
$ 3,542,284 $ 4,275,900
16,778,148
(YTD)
ACTUAL/
10/31
ESTIMATE
25.1%
0.0%
-20.6%
8.1%
42.8%
-58.0%
45.4%
13.8%
-74.6%
-10.1%
10.3%
-5.6%
16.0%
-1.2%
-28.6%
-28.6%
20.7%
OCTOBER2000\REVENOE Page 2 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
REVENUES
TITLE
GENERAL FUND
001
PROP TAX SECURED/UNSECURED
TEA ALLOCATION
SALES TAX 1%
SALES TAX PROP 172
TRANSFER TAX
CONSTRUCTION TAX
TRANS OCCUP TAX
FRANCHISE FEES - PG&E
FRANCHISE FEES - TCI
FRANCHISE FEES - SJ WATER
FRANCHISE FEES - GREEN VALLEY
BUSINESS LICENSES
CLEEP
MOTOR VEHICLE LICENSE FEE
OFF HIGHWAY MV FEE
HOPTR
DISASTER RECOVERY
OTHER REFUNDS & REIMBURSE
FINES-FALSE ALARM
FORFEITURES
INTEREST
RENTALS-CELL PHONE
HAKONE RENT PASS THROUGH
SALE OF ASSETS
MISC.
VEHICLE ABATEMENT
ANIMAL LICENSES
FUEL SALES
GROUND MAINT
PERMIT-ENCRMT.
TOTAL GENERAL FUND
FISCAL YEAR 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
$ 1,230,000 547,705
1,777,705
980,000
80,000
1,060,000
288,800
400,00O
275,000
963,800
235,000
178,500
92,000
282,296
787,796
282,333
1,406,300
560
15,700
YEAR-TO-DATE
10/31/00 10/31/00
ESTIMATE ACTUAL
$ 150,000 $ 144,850
150,000 144,850
326,667 395,705
26,667 23,415
353,333 419,120
96,267 143,516
133,333 167,595
45,833 45,371
275,433 356,482
59,500 52,239
94,099 100,177
153,599 152,416
94,111 97,504
- 110,820
468,767 604,789
1,422,560 468,767 715,609
610,338
15,000
45,000
400,000
55,800
9,852
10,000
14,000
8,000
10,000
5,000
54,000
203,446 220,516
5,000 8,350
15,000 8,028
133,333 228,584
18,600 4,601
3,284 3,284
3,333 6,579
4,667 4,542
2,667 3,583
3,333 2,965
1,667 1,000
18,000 8,300
1,236,990 412,330 500,332
$ 7,531,184 $ 1,907,573 $ 2386,313
(YTD)
ACTUAL/
10/31
ESTIMATE
-3.4% (1)
-3.4%
21.1% (2)
-12.2%
18.6%
49.1% (3)
25.7% (4)
- 1.0%
29.4%
- (5)
-12.2%
- (5)
6.5%
-0.8%
3.6%
100%+ (6)
29.0% (7)
52.7%
8.4% (8)
67.0%
-46.5%
71.4% (9)
-75.3% (10)
0.0%
97.4%
-2.7%
34.4%
- 11.0%
-40.0%
-53.9%
21.3%
25.1%
OCTOBER2000\REVENI3E Page 3 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
REVENUES
TITLE
SPECIAL REVENUE FUNDS:
COPS-SLESF SP REV FD
100 SUPPL LAW ENFORCE
TRAFFIC SAFETY SRF
110 REFUNDS & REIMB.
CROSSING GUARD MATCH
FINES-VEHICLE CODE
TOTAL TRAFFIC SAFETY SRF
STREETS & ROADS SRF
150 REFUNDS & REIMB.
ST HIGHWAY USER 2107.5
ST HIGHWAY USER 2106
ST HIGHWAY USER 2107
ST FHWA REIMB.
ST 2105 S&H CODE
TEA-21
CALTRANS-SARATOGA/SV RD.
AB 434 CLEAN AIR GRANT
MEASURE B
TOTAL ST&RDS SRF
TRANSPORT DEVELOP ACT SRF-CAP PROJ
160 TOTAL TDA
HILLSIDE REPAIR SRE
170 INTEREST
HILLSIDE STREET REPAIR
TOTAL HILLSIDE REPAIR SRF
LANDSCAPE/LGTNG SRF
180 PROP. TAX
SPECIAL ASSESSMENT
INTEREST
TOTAL LANDSCAPE/LGTNG SRE
DEVELOPMENT SRF
250 GEOLOGY REVIEW FEES
ENGINEERING FEES
PLANNING FEES
ARBORIST FEE
MAP/PUB/OTHER SALES
DOCUMENT STRG FEES
PERMITS-BUILDING
PERMITS-GRADING
TOTAL DEVELOPMENT SRE
FISCAL YEAR 2000-01
ORIGINAL
BUDGET
REVISED
BUDGET
(if different)
ESTIMATED
ACTUAL
(ifdifferent)
70,128
3,500
150,000
153,500
140,835
6,000
150,744
270,325
1,404,000
193,095
224,082
2,006,000
324,294
377,252
364,077
5,096,627
97,234
800
5,288
6,088
73,750
102,204
2,000
177,954
65,000
60,000
350,000
60,000
200
13,000
900,000
60,000
1,508,200
YEAR-TO-DATE
10/31/00 10/31/00
ESTIMATE ' ACTUAL
100,000 100,000
25,000 19,841
25,000 19,841
270,187 319,320
6,000 6,000
50,248 49,182
90,108 86,240
64,365 65,391
15,000 10,000
495,908 .536,133
1,763 2,517
1,763 2,517
24,583 10,323
24,583 10,323
.21,667 37,284
20,000 54,851
116,667 136,045
20,000 38,976
4,333 4,850
300,000 417,339
20,000 41,350
502,667 730,695
(YTD)
ACTUAL/
10/31
ESTIMATE
0.0% (11)
-20.6%
-20.6%
18.2% (12)
0.0%
-2.1%
-4.3%
1.6%
-33.3%
8.1%
42.8%
42.8%
-58.0%
-58.0%
72.1%
174.3%
16.6%
94.9%
11.9%
45.4%
(1)
(13)
(4)
OCTOBER2000\REVENUE Page 4 12/8/00
CITY OF SARATOGA
FOUR MON-'FHSENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
REVENUES
TITLE
ENVIRNMNTAL PRG SRF
ST REFUSE SURCHG AB939
ENVIRONMENTAL FEES
260 CLEAN AIR GRANT
TOTAL ENVIRON PRG SRF
HOUSING&COMM DEV SRF
270 HCD/CDBG/SHARP GRANTS
INTEREST
SHARP LOAN REPAYMENT
TOTAL HOUSING/COMM DEV SRF
RECREATION SRF
290 FRIENDS OF WARNER HUTTON HOUS
SPORTS LEAGUE FEES
CAMP FEES
EXCURSION FEES
CLASS/SPECIAL EVENT
SNACK BAR SALES
REDWOOD SPORTS PRGM.
TEEN SERVICES
SNACK BAR SALES
WARNER HUTTON CONTRIBUTIONS
TOTAL RECREATION SRE
FACILITY OPS SRF
292 BUILDING RENT
PARKS RENT
TOTAL FACILITY OPS SRF
THEATER TCK SRCHG SRF
293 THEATERTCKSRCHG
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
PARK DVLPMNT CAP PRJ FND
310 PARK DEVELOPMENT
FISCAL YEAR 2000-01
ORIGINAL
BUDGET
REVISED
BUDGET
(if different)
ESTIMATED
ACTUAL
(if different)
30,479
517,067
547,546
259,928
3,000
262,928
10,000
32,000
131,300
100,000
425,000
1,500
30,000
51,000
1,500
782300
120,000
5,000
125,000
25,000
8,852,505
93,150
YEAR-TO-DATE
10/31/00 10/31/00
ESTIMATE ACTUAL
10,160 14,803
172,356 192,844
182,515 207,647
1,000 254
1,000 254
10,667 1,491
32,825 24,167
33,333 30,999
130,000 127,183
10,000 10,905
2,000 1,920
(YTD)
ACTUAL/
10/31
ESTIMATE
45.7%
I 1.9% (14)
13.8%
-74.6%
-74.6%
-86.0%
-26.4%
-7.0%
-2.2%
9.1%
-4.0%
218,825 196,665 -10.1%
40,000 43,224 8.1%
1,667 2,736 64.2%
41,667 45,960 10.3%
8,333 7,868
1,602,261 1,857,903
31,050 30,684
-5.6%
16.0%
-1.2%
OCTOBER2000\REVENUE Page 5 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
REVENUES
TITLE
DEBT SERVICE FUND:
LIBRARY BOND DEBT SRV FND
400 PRINCIPAL
INTEREST
OTHER
TOTAL LIBRARY BOND DEBT
AGENCYFUNDS:
LEONARD RD DEBT SER FUND
420 SERVICES (ASSESS DISTRICTS)
CA TV TRUST FUND
720 INTEREST INCOME
PRK DST#2 DBT SR/AGNCY FD
730 SERVICES (ASSESS DISTRICTS)
PRK DST#3 DBT SR/AGNCY FD
740 SERVICES (ASSESS DISTRICTS)
DEPOSITS AGENCY FUND
800 DEPOSITS
SARATOGA PFA AGENCY FUND
990 INTEREST 1NCOME
TOTAL AGENCY FUNDS
GRAND TOTAL
FISCAL YEAR 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
85,000
8,408
270
YEAR-TO-DATE
10/31/00
ESTIMATE
93,678 -
10/31/00
ACTUAL
11,700
4,200 1,400 1,000
20,000
· 207,631 1,400 1,000
$ 16,778,148 $ 3,542,284 $ 4,275,900
(YTD)
ACTUAL/
10/31
ESTIMATE
-28.6%
-28.6%
20.7%
REVENUE NOTES:
(1) Property Taxes-Secured property tax paid in December/J.anuary and April/May.
(2) Sales tax revenues are higher than originally budgeted. '
(3) Property Transfer taxes are higher than orginally budgeted due to the increase in real estate transactions.
(4) Development Fees-Development activity remains higher.than orginally budgeted.
(5) Franchise Fees from PG&E and SJ Water received in April and February respectively.
(6) State monies for CLEEP Program.
(7) Motor Vehicle License fees are higher than orginally budgeted.
(8) Other Refunds and Reimbursements-Insurance premium refunds ($52,919) received in July, andPolice refund ($96,366) received in Sept.
(9) Interest income revenues are higher than originally budgeted.
(10) Rental Cell phone fees from Nextel & Sprint to be recei',/ed later in the fiscal year.
(11) State monies for COP program received in October.
(12) Streets&Roads Refunds&Reimb.-Traffic Congestion Relief monies ($223,242) and Quito Road reimbursement ($95,234) received in October.
(13) Assessment Revenues-Paid in December/January and April/May. -
(14) Environmental Fees are Slightly higher than originally budgeted.
OCTOBER2000\REVENLIE Page 6 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
EXPENDITURES
001
I00
110
150
160
180
250
260
270
290
292
293
310
320
400
420
700
720
730
740
800
990
ORIGINAL
TITLE BUDGET
FISCAL YEAR 2000-01 .
EXPENDITURE RECAP BY FUND
GENERAL FUND $ 5,523,254
SPECIAL REVENUE FUNDS
COPS SUP. LAW ENFORCEMENT 86,806
TRAFFIC SAFETY SRF 26,090
STREETS&ROADS SRF 5,654,413
TRANS DEV ACT SRF-CAP PROJ 169,200
LANDSCAPE/LGTNG SRF 177,740
DEVELOPMENT SRF 1,646,522
ENVIRONMENTAL PRG SRF 621,380
HOUSING & COMM DEV SRE 191,806
RECREATION SRE 1,045,808
FACILITY OPS SRF 224,128
THEATER TCK SRCHG SRF 41,516
TOTAL SPECIAL REVENUE FUN
CAPITAL PROJECTS FUNDS:
PARK DEVELOPMENT
LIBRARY EXPANSION
TOTAL SPECIAL REVENUE FUN
DEBT SERVICE FUND:
LIBRARY BONDS DEBT SVC
TOTAL AGENCY FUNDS
LEONARD ROAD DEBT SVC
QUARRY CREEK PROJ ADM
C.A. TV TRUST FUND
PARKING DIST//2 DEBT SVC
PARKING DIST #3 DEBT SVC
DEPOSIT AGENCY FUND
SARATOGA PUBL FIN AGNCY
TOTAL AGENCY FUNDS
TOTALALLFUNDS
REVISED ESTIMATED
BUDGET ACTUAL
(if different) (if differen0
$ 5,721,649 $5,721,649
5,878,258 5,878,258
287,821 287,821
YEAR-TO-DATE
10/31~0 10/31~0
ESTIMATE ACTUAL
$ 1,645,702 $ 1,593,512
17,395 9,726
326,615 287,230
169,200 170,055
59,247 56,536
414,031 402,425
94,407 82,473
41,234 38,455
332,527 320,682
74,709 68,704
3,865 2,822
9,885,409 10,205,269 10,205,269 1,533,230 1,439,108
1,769,661 2,037,027 2,037,0.27 71,892 67,103
1,000,000 30,000 28,185
2,769,661 3,037,027 3,037,027 101,892 95,288
93,829
11,700
171,731
8,500 8,331
149,000 149,298
183,431 157,500 157,629
$ 18,455,584 $ 19,241,205 $19,241,205 $ 3,438,324 $ 3,285,537
(YTD)
ACTUAL/
10/31
ESTIMATE
-3.2%
-44.1%
-12.1%
0.5%
-4.6%
-2.8%
-12.6%
-6.7%
-3.6%
-8.0%
-27.0%
-6.1%
-6.7%
-6.0%
-6.5%
-2.0%
0.2%
0.1%
-4.4%
OCTOBER2000\EXPEND. Page 7 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
EXPENDITURES
001 GENERAL FUND
1005 CITY COUNCIL
1010 CONTINGENCY
FISCAL YEAR 2000-01
TITLE
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if differen0 (if different)
1015 CITY COMMISSIONS
1020 CITY MANAGER'S OFFICE
1025 CITY ATTORNEY
1030 CITY CLERK
1035 EQUIPMENT OPERATIONS
1040 FINANCIAL MANAGEMENT
1045 HUMAN RESOURCES
1050 GENERAL SERVICES
1060 FACILITIES MAINTENANCE
1065 MANAGEMENT iNFORMATION SYS.
1070 PUBLIC INFORMATION
2005 EMERGENCY PREPAREDNESS
2010 CODE ENFORCEMENT
2015 POLICE SERVICES
2025 ANIMAL CONTROL
3030 PARKS/OPEN SPACE
3035 GENERAL ENGINEERING
4005 ADVANCED PLANNING
7005 SENIOR SERVICES
7010 COMMUNITY SUPPORT
7020 ECONOMIC DEVELOPMENT
9010 CAPITAL PROJECTS
SUBTOTAL
LESS OVERHEAD
TOTAL GENERAL FUND
$46,500
200,000
84,935
324,667 332,252 332,252
363,900
85,470
356,507 406,70'1 406,701
380,726 418,142 418,142
162,782
127,430
344,233
216,589 243,946 243,946
22,696
40,876
47,416
2,526,488
173,825
668,333 715,368 715,368
195,432 205,362 205,362
108,663 155,472 155,472
34,853
71,400
100,000
454,410
7,138,131 7,364,457 7,364,457
(1,61'4,877) (1,642,808) (1,642,808)
YEAR-TO-DATE
10f31/00
ESTIMATE
10/31/00
ACTUAL
$15,500 $18,029
$ 5,523,254 $ 5,721,649 $ 5,721,649
28,312 19,518
95,667 96,440
192,539 194,536
28,490 19,947
47,425 41,041
116,687 95,612
54,261 45,568
42,477 32,423
86,434 85,961
64,315 67,538
7,565 4,683
13,625 7,767
15,805 ~1,075
631,622 624,315
57,942 57,723
210,273 218,550
44,690 48,658
31,824 28,871
11,618 12,162
23,800 20,672
33,333 24,350
113,603 122,408
1,967,806 1,897,847
(322,104) (304,335)
$ 1,645,702 $ 1,593,512
(YTD)
ACTUAL/
10/31
ESTIMATE
16.3%
-31.1%
0.8%
1.0% (1S)
-30.0%
-13.5%
-18.1% (16)
-16.0%
-23.7%
-0.5%
5.0%
-38.1%
-43.0%
-29.90,
-0.4~
3.9% (17)
8.9%
-9.3% (18)
4.7%
-13.1%-26.9%
7.8%
-3.6% -5.5%-3.2%
OCTOBER2000\EXPEND. Page 8 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
EXPENDITURES
TITLE
SPECIAL REVENUE FUNDS:
100 2030 COPS SUP. LAW ENFORCEMENT
PLUS OVERHEAD
TOTAL COPS SRF
110 2020 TRAFFIC SAFETY SRF
PLUS OVERHEAD
TOTAL TRAFFIC SAFETY SRF
150
STREETS&ROADS SRF
3005 STREET MAINTENANCE
3010 SIDEWALKS AND TRAILS
3015 TRAFFIC CONTROL
3020 FLOOD AND STORM DRAIN CONTR
3025 MEDIANS AND PARKWAYS
5010 CONGESTION MANAGEMENT
9000 CAPITAL PROJECTS
SUBTOTAL
PLUS OVERHEAD
TOTAL STREETS&ROADS SRF
160 9501 TRANS DEV ACT SRF-CAP PROJ
180 3040 LANDSCAPE/LGTNG SRF
PLUS OVERHEAD
TOTAL LANDSCAPE/LGTNG SRF
250
DEVELOPMENT SRF
4010 ZONING ADMINSTRATION
4015 · INSPECTION SERVICES
4020 DEVELOPMENT REGULATION
SUBTOTAL
PLUS OVERHEAD
TOTAL DEVELOPMENT SRF
260
5005
5015
9000
ENVIRONMENTAL PRG SRF
INTEGRATED WASTE MGMT
STORM WATER MANAGEMENT
CAP PROJ(STREET STORM DR)
SUBTOTAL
PLUS OVERHEAD
TOTAL ENVIRNMNTAL PRG SR
FISCAL YEAR 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if differen0
75,465
11,341
YEAR-TO-DATE
10/31/00 10/31100
ESTIMATE ACTUAL
!5,122 8,455
2,273 1,271
CYTD)
ACTUAIJ
10/31
ESTIMATE
-44.1%
-44.1%
86,806 17,395 9,726 -44.1%
25,100
990
26,090 -
1,753,975 1,915,836 1,915,836
91,404
193,244 194,312 194,312
126,067
135,128
324,770 328,851 328,851
2,493,000 2,528,583 2,528,583
151,501 131,564
13,301 33,002
34,954 23,807
32,022 23,846
45,043 32,769
6,924 10,821
11,861 4,152
5,117,588 5,320,181 5,320,181 295,607 259,961
536,825 558,077 558,077 31,009 27,269
5,654,413 5,878,258 5,878,258 326,615 287,230
169,200 169,200 170,055 0.5%
153,626 51,209 48,866 -.4.6%
24,114 8,038 7,670 -4.6%
177,740 59,247 56,536 -4.6%
481,675
440,005
178,583
133,931 135,271
I10,001 103,075
32,738 30,568
-13.2% (19)
148.1%
-31.9%
-25.5%
-27.2%
56.3%
-65.0%
-12.1%
-12.1%
-12.1%
1.0%
-6.3%
-6.6%
1,100,263 276,670 268,914 -2.8%
546,259 137,361 133,511 -2.8%
1,646,522 414,031 402,425 -2.8%
49,470 44,413
32,518 27,211
197,880
307,258
34,500
539,638 81,988 71,624
81,742 12,419 10,849
621,380 94,407 82,473
-10.2%
-16.3%
(20)
-12.6%
-12.6%
-12.6%
OCTOBER2000\EXPEND. Page 9 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
EXPENDITURES
TITLE
270
7015
9000
HOUSING&COMM DEV SRF
HCDA ADMINISTRATION
CAP PROJECTS (SR CTR & ADA)
SUBTOTAL
PLUS OVERHEAD
TOTAL HOUSING&COMM DEV SRF
290 RECREATION SRF
6005 RECREATION
6010 TEEN SERVICES
SUBTOTAL
PLUS OVERHEAD
TOTAL RECREATION SERVICES
292 6020
293 6015
FACILITY OPS SRF
PLUS OVERHEAD
TOTAL FACILITY SRF
THEATER TCK SRCHG SRF
PLUS OVERHEAD
TOTAL THEATER TCK SRCHG SRF
TOTAL SPECIAL REVENUE FUNDS
310
320
CAPITAL PROJECTS FUNDS
9704 PARK DEVELOPMENT
103 LIBRARY EXPANSION
TOTAL SPECIAL REVENUE FUNDS
DEBT SERVICE FUND:
400 8015 LIBRARY BONDS DEBT SVC
FISCAL YEAR 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
153,463
25,000 114,336 114,336
178,463 267,799 267,799
13,343 20,022 20,022
191,806 287,821 287,821
659,566
149,180
YEAR-TO-DATE
10/31/00
ESTIMATE
10/31/00
ACTUAL
38,366 35,780
(YTD)
ACTUAL/
10/31
ESTIMATE
-6.7%
38,366 35,780 -6.7%
2,868 2,675 -6.7%
41,234 38,455 -6.7%
219,855 210,763
37,295 37,227
-4.1%
-0.2%
808,746 257,150 247,990 -3.6%
237,062 75,377 72,692 -3.6%
1,045,808 332,527 320,682 -3.6%
67,756
156,372
224,128
34,687
6,829
41,516
9,885,409 10,205,269 10,205,269
2,037,027 2,037,027
22,585 20,770
52,124 47,934
-8.0%
-8.0%
74,709 68,704
3,229 2,358
636 464 -27.0%
3,865 2,822 -27.0%
1,533,230 1,439,108
1,769,661
1,000,000
2,769,661 3,037,027 3,037,027
71,892 67,103
30,000 28,185
-6.1%
-6.7%
-6.0%
93,829
I 01,892 95,288 -6.5 %
(22)
OCTOBER2000\EXPEND. Page 10 12/8/00
CITY OF SARATOGA
FOUR MONTHS ENDED OCTOBER 31, 2000
PERCENT OF YEAR ELAPSED = 33%
EXPENDITURES
TITLE
AGENCY FUNDS:
420 8020 LEONARD ROAD DEBT SVC
720 1040 C.A. TV TRUST FUND
730 8005 PARKING DIST #2 DEBT SVC
740 8010 PARKING DIST #3 DEBT SVC
990 1040 SARATOGA PUBL FIN AGNCY
TOTAL AGENCY FUNDS
TOTAL EXPENDITURES
FISCAL YEAR 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET .ACTUAL
BUDGET (if differen0 (if different)
11,700
171,731
YEAR-TO-DATE
10/31/00
ESTIMATE
8,331
10/31/00
ACTUAL
8,500
149,000
149,298
(YTD)
ACTUAL/
10/31
ESTIMATE
-2.0% (23)
0.2% (23)
183,431 157,500 157,629 0.1%
$ 18,455,584 $ 19,241,205 $ 19,241,205 $ 3,438,324 $ 3,285,537 -4.4%
EXPENDITURE NOTES:
(15) Saratoga Creek litigation settlement costs, paid in July.
(16) Audit fees and Infrasctructure inventory costs not paid until later in the fiscal year.
(17) General contracts for playground safety consultant & Trail maintenance will be entered & paid later in the year.
(18) Consultant services for Housing Element update will not be paid until work is completed.
(19) First few months of the fiscal year are generally slower for programs that rely.on contract work.
(20) Street Storm Drain repairs to be completed later in the fiscal year.
(21) ADA requirements in Senior Center Remodel to be completed later in the fiscal year.
(22) Debt service payments made in December and June.
(23) Debt service payments made in September and March.
OCTOBER2000\EXPEND. Page 11 12/8/00
CITY OF SARATOGA
Cash and Investment Report
Balance as of October 31, 2000
Acquisition
Type Ir~tltutlon Date
FDR* Book Market Par Maturity
Rating Value Value** Value Yeild Date Term
Anticipated
Unrestricted Cash & Investments:
Cash:
DD Comerica Bank - Savings N/A AAA
CK Comerica Bank - General Checking N/A AAA
CK Comerica Bank - Payroll Checking N/A AAA
Subtotal Cash
L.A.I.F. & Investments:
MF L.A.I.F. N/A N/A
CD San Jose National Bank 07/03/99 AAA
CD Heritage Bank of Commerce 10/14/98 AAA
Subtotal CDs
Subtotal L.A.LF. & Investments
Subtotal Unrestricted Cash & Investments
Restricted Cash & Investments:
SV San Jose National Bank - CDBG N/A AAA
ES US Bank-Library Debt Service N/A AAA
CK Wells Fargo Bank - CDBG N/A AAA
CK Wells Fargo Bank - CDBG N/A AAA
Subtotal Restricted Cash & Investments
Total Cash and Investments
Yield Comparison
Benchmark
$339,757 $339,757 $339,757 2.000% Revolving
337,765 337,765 337,765 0.000% Revolving
82,258 82,258 82,258 0.000% Revolving
759,780 a 759,780 759,780 0.894% I 566
13,590,418 b 13,586,860 13,590,418 6.443% Revolving .1 72,969
500,000 500,000 500,000 5.900% 07/03/01 365 2,458
595,948 595,948 595,948 5.650% 10/14/00 365 2,806
1,095,948 1,095,948 1,095,948 5.764% 365 5,264
14,686,366 14,682,808 14,686,366 6.392% 183 78,233
15,446,146 15,442,588 15,446,146 6.122% 92 78.800
59,748 59,748 59,748 2.530% Revolving I 126
5,458 5,458 5,458 0.000% Revolving 1 0
26,236 26,236 26,236 0.000% . Revolving 1 0
6,509 ' 6,509 6,509 0.000% Revolving I 0
97,951 97,951 97,951 1.543% 1 126
3 Monih Treasury 6.39% I 1 Year Treasury 6.25% I
Schedule of Maturities:
Immediate
FY 1999-2000
Total
$14,448,149
1,095,948
$15,544,097
General Fund Loans Receivable:
Hakone Foundation #
Reserve Analysis:
General Fund Reserve requirement adopted' 4/5/00:
General Fund Balance as of 9/30/00.
$2,114,497
$10,197,553
Available Funds:
Unrestricted Pooled Cash & Investments available for current year expenses in all funds: $ i 4,350,198
(Includes unrestricted funds maturing within the current fiscal year)
Maturity
Principal Rate Date Term
$155,655 6.500% 03/01/2004 3,650
NOTES:
DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account
* FDR = The Financial Directory rating is based on computer analysis of prime Fmancials reported quarterly by the institutions to the Federal Reserve Board and the Federal
Home Loan Bank Board. Ratings based on information released July 1998.
**Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company.
# This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received.
This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing
assets (notes receivable) are listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report.
Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet
anticipated pool expenditure requirements for the next six months.
Sub~lttdd by:
l O-OOF~E~O.xls
Approved by: 12/4/00
(Unaudited Results)
SARATOGA CITY- COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:,~~~__~~~--~
PREPARED BY: j.~/?[~,,~ j~,'[,~/~'~fff DEPT HEAD: IN~~ [~ ...~, ~ ~
SUBJECT: Check Register
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached is the check register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE AcTION(s):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
JFund# Fund Name
AP CHECKS A83414-83543
Date Manual Void Total
11116100 Checks Checks
1
100
110
150
160
170
180
250
260
270
290
292
293
300
310
320
400
410
· 420
700
710
720
730
740
800
810
830
990
GENERAL
COPS-SLESF
Traffic Safety
Streets & Roads
Transit Dev
Hillside Repair
LLA Districts
Der Services
Environmental
Housing & Comm
Recreation
Facility Ops
Theatre Surcharge
State Park
Park Develpmt
Library Expansion
Library Debt
Civic Cntr COP
Leonard Creek
Quarry Creek
Heritage Prsvn
Cable TV
PD#2
PD #3
Deposit Agency
Deferred Comp
Payroll Agency
SPFA
76,569.18
11,065.20 78,143.01
4,025.69
29,993.64
10,845.00
~6,017.46
1,860.00
2,917.50
120.00
(300.00)
Subtotal
153,293.67
78,263.01
(300.00
PAYROLL'CHECKS: B26082-26114
TOTAL
Prepared by:
IApproved by:.
-Date:
/
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I
· 11/30100 Checks Checks
AP CHECKS A83544-83862
1
100
· 110
150
160
170
180
250
260
270
290
292
293
300
310
320
410
420
700
710
720
730
740
800
810
830
990
GENERAL
COPS-SLESF
Traffic Safety
Streets & Roads
Transit Dev
Hillside Repair
LLA Districts
Dev Services
Environmental'.
Housing & Comm
Recreation
Facility Ops
Theatre Surcharge
State Park
Park Develpmt
Library Expansion
Library Debt
Civic Cntr COP
Leonard.Creek ·
Quarry Creek
Heritage Prsvn
Cable TV
PD #2
PD #3
Deposit Agency
Deferred Comp
Payroll Agency
SPFA
274,572.59
7,035.63.
4,769.70
11,625.17
7,334.00
38,343.75
16,113.76
1,345.00
20,221.28
57,254.01
90,657.50
5,293.48
1,000.00
Subtotal
PAYROLL CHECKS: B26115-26142
TOTAL
535,565.87
Prepared by:
Date:
J Approved by: , .. ~
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SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING ~I~PT: City M~n~g,er CITY MANAGER:
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes as submitted for the following City Council Meetings:
Regular Meeting - November 1, 2000
Regular Meeting - November 15, 2000
Special Meeting - December 4, 2000
REPORT SUMMARY:
N/A
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT: '-
N/A
ATTACHMENTS:
Attachment A - November 1, 2000
Attachment B - November 15,. 2000
Attachment C - December 4, 2000
MINUTES
SARATOGA CITY COUNCIL
NOVEMBER 1, 2000
The City Council of the City of Saratoga met in open session in the Administrative
'Conference Room at 5:30 p.m. to interview five applicants for the Youth Commission.
The City Council of the City of Saratoga met in Closed. Session, Administrative
Conference Room, 13777 FrUitvale Avenue at 6:30 p.m.~
Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)).
Name of Case: City of Saratoga v. West Valley College
Santa Clara County Superior Court No. Doc. CIV756340.
Mayor's Report on Closed Session - 7:00 p.m.
Mayor Bogosian reported there was Council discussion but no action was taken.
Mayor Bogosian Called the Regular CiW Council meeting to order at 7:01 p.m. and lead
the Pledge of Allegiance:
ROLL CALL
PRESENT:
John Mehaffey, Nic_k Streit, Ann Waltonsmith,
Mayor Stan Bogosian
ALSO PRESENT;.
Dave Anderson, City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Mary Jo Walker, Director of Administrative Services
Paula Reeve, Administrative Analyst
· Joan Pisani, Director of Recreation
ABSENT: Evan Baker
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 1,
2000.
Cathleen Boyer,.City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for-the meeting of N0vember 1, 2000 was properly posted on October 27,
2000.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
None
City Council Minutes
November I, 2000
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None '
WRITTEN COMMUNICATIONS
The following person spoke at tonight's meeting:
Tom Lawrence, 14470 Fruitvale Avenue, read a letter thanking James Walgren, Director
of Community Development, for his dedicat{on and professionalism in mediating the
controversies in regards to the renovations .of the Odd Fellows Home.
No other people spoke at this time.
WRITTEN COMMUNICATIONS.
None '-
CEREMONIAL ITEMS
IA.
COMMENDATION FOR SALLY TOWSE, LIBRARY
COMMISSIONER
STAFF RECOMMENDATION: -
That Mayor Bogosian present commendation.
Mayor BogoSian presented the commendation to'Sally To'se, outgoing
Library COmmissioner.
lB.
APPOINTMENT OF LIBRARY COMMISSION MEMBERS AND
ADMINISTER OATH OF OFFICE
STAFF RECOMMENDATION:
That Council approve resolution of appointment and administer Oath of Office.
TITLE OF RESOLUTION: 00-056
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING THREE MEMBERS TO THE' LIBRARY
COMMISSION
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
APPOINTING RUTH GIPSTEIN, DON JOHNSON AND CI CI
O'DONNELL TO THE LIBRARY COMMISSION. MOTION PASSED
4'0 WITH BAKER ABSENT. -
City Council Minutes
,November 1, 2000
Cathleen Boyer, City Clerk, administered the Oath of Office to the following
newly appointed commissioners: Donald Johnson and Ruth Gipstein.
Ci Ci O'Donnell was unable to attend tonight's meeting. Ms. O'Donnell will
make arrangements to take her Oath of Office at a later time.
CONSENT ITEMS
2A.
APPROVAL OF COUNCIL MINUTES OF:
OCTOBER 4, 2000 - REGULAR MEETING
OCTOBER 24, 2000 - SPECIAL MEETING .
STAFF RECOMMENDATION:
That 'Council approve minutes as submitted.
'Councilmember Mehaffey pulled Item 2A from the Consent Calendar.
Minutes of October 4, 2000 - Regular Meeting
Councilmember MehaffeY requested on page 3, 15th paragraph, the following
-words be added, "for that number of properties".
Councilmember Mehaffey noted that there were a few typographic errors and
he would give the corrections to the City Clerk.
Mayor B0g°sian requested on page 8, 3rd paragraph the following be added;
"Mayor Bogosian concurred."
MEHAFFEY/STREIT MOVED TO APPROVE THE MINUTES OF
· OCTOBER 4, 2000.WITH CORRECTIONS. MOTION CARRIED 4-0
· WITH BAKER ABSENT.
Minutes of October 24;2000- Special Meeting
Councilmember Mehaffey requested on page 4, 8th paragraph the word
"concern'' be replaced with "concurred".
2B.
· MEHAFFEY/STREIT MOVED TO APPROVE THE MINUTES OF
OCTOBER '24, 2000 WITH CORRECTIONS. MOTION CARRIED 4-0
i WITH BAKER ~ABSENT.
REVIEW OF CHECK REGISTER
Staff recommendation:
That Council 'note and file check register.
STREIT/WALTONSMITH MOVED TO NOTE AND FILE CHECK
REGISTER. MOTION PASSED 4-0 WITH BAKER ABSENT.
3
City Council Minutes
.November 1', 2000.
2C.
2D.
REVIEW PLANNING COMMISSION ACTION MINUTES
STAFF RECOMMENDATION:
That Council note an~d file action minutes.
STREIT/WALTONSMITH MOVED TO NOTE AND FILE ACTION
MINUTES. MOTION PASSED 4-0 WITH BAKER ABSENT.
AUTHORIZATION TO CITY MANAGER TO EXECUTE
AMENDMENT TO AGREEMENT FOR THE CAL ID PROGRAM
STAFF RECOMMENDATION:
That Council authorize City Manager to execute amended agreement.
Councilmember Mehaffey pulled Item 2D from the Consent Calendar.
Councilmember Mehaffey noted since there will no longer be an approval
process for this program he indicated it would be appropriate if the CAL-ID
program was still presented to the City Council every year.
Councilmember Mehaffey noted the City Council should be aware of the how
the costs compare Year to year.
Mr. Anderson suggested the CAL-ID program be presented in conj Unction
with the annual budget.
MEHAFFEY/STREIT MOVED TO AUTHORIZE THE CITY MANAGER
TO EXECUTE AN AMENDED AGREEMENT FOR THE CAL ID
PROGRAM. MOTION CARRIED 4-0 WITH BAKER )kBSENT. '
Mayor Bogosian reported it was not time to start the Public Hearing.
NEW BUSINESS
APPROVAL OF RESOLUTION DECLARING WEEDS GROWING ON
CERTAIN DESCRIBED PROPERTIES TO BE A PUBLIC NUISANCE
AND SETTING A PUBLIC HEARING
STAFF RECOMMENDATION:
That Council approve resolution.
TITLE OF RESOLUTION: 00-55
RESOLUTION OF THE CITY COUNCIL OFTHE cITy OF
SARATOGA DECLARING WEEDS GROWING ON CERTAIN
City Council Minutes
November 1, 2000
DESCRIBED PROPERTIES TO BE A PUBLIC NUISANCE AND
SETTING A PUBLIC HEARING DATE
Cathleen Boyer, City Clerk, presented s{affreport. '
Mrs. Boyer explained this was the first step in the winter weed abatement
program.
Mrs. Boyer indicated the County Fi~'e Marshall's Office has provided a list of
parcels in Saratoga that have excessive weed growth. The resolution, if
adopted, will declare weeds a nuisance and set a public hearing date for
December 20, 2000.
· Councilmember Mehaffey suggested the hearing date be moved to a later date
due to the fact that it is close to' the holidaYs and a lot of people may be out of
town .and would not get the opportunity to speak if the hearing was on
December 20, 2000.
Councilmember Mehaffey indicated that he thought the weed abatement
program only Came up in' the Spring. ' ' '
Mrs. Boyer responded the weed abatement program is done twice a year, in the
Spring and Winter and the'hearing date can be movedto January 3, 2001.
Mayor Bogosian directed staff to provide an alternate public hearing date of
-January 3, 2000.· '~
STREIT/MEHAFFEY MOVED TO ADOPT RESOLUTION
DECLARING WEEDS A NUISANCE AND SETTING A PUBLIC
HEARING DATE TO JANUARY 3, 2000. MOTION PASSED 4-0 WITH
BAKER ABSENT. '
.... AUTHORIZATION TO CITY MANAGER TO EXECUTE
AMENDMENT. TO CONTRACT WITH SANTA CLARA COUNTY
-SHERIFF'S OFFICE-TO INCREASE TRAFFIC 'PATROL SERVICES.
STAFF RECOMMENDATION:
Authorize City Manager to execute amended agreement.
TITLE OF RESOLUTION: 00-057
RESOLUTION OF THE CITY .COUNCIL' OF THE CITY OF
SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE
FY 2000/01 BUDGET
5
City Council Minutes
November 1, 2000
Director Walker presented staff report. .
Director Walker explained on October 18, 2000, the City Council discussed a
recommendation to increase traffic patrol services. The Sheriffs Office
estimated in that report that the additional service would increase annual cost
as follows:
1. One motorcycle deputy ~ $165,741.00
2. Onedeputy in a car - $!6~6,651.00
3. Both deputies with their vehicles - $332,392.00
Director Walker noted after the Sheriff s presentation staff was directed to
return with an analysis of the short and long-range costs of adding two traffic
deputies."
Director Walker explained the current fiscal year, if the Sheriffs Office were
to deploy the officers immediately, just eight months of increased costs would
be required, or $221,595.00 fOr two officers.. The City could allocate the
$96,366 refund from the Sheriffs Office for overpayment of law enforcement
services for the previous fiscal year that was received this September. · The
remaining $125,229.0'0 could be allocated using the General Fund's unreserved
fund balance.
The City's long-range financial forecast shows esSentially a balanced budget in
the General Fund during the next five years. Also, an excessive amount of
expenditures over revenues is forecasted during the current fiscal year due to
the Library and other capital projects. Fortunately, these costs are reimbursed
next year (2001/02), so when the two years are taken together, revenues are
approximately the same level as expenditures. Additionally, the forecast for
FY 2002/03 shows significant excegs of revenues over expenditures in the
General Fund due to the receipt of Caltrans revenues for Saratoga-Sunnyvale
Road.
Director .Walker explained beginning in FY 2002/03, the City will receive
additional TEA funds of $400,000.00 each year as a result of the passage of
SB 1883. The additional TEA funds would slightly more than offset the cost
of the two traffic officers which would approximate $336,000.00 that same
year when adjusted for inflation.
Councilmember Streit questioned if the best use of the officres have been
discussed with Captain Miles.
Mr. Anderson indicated four officers five days a week has been recommended
by CaPtain Miles to accomplish the objectives Council articulated at the
October 18, 2000 City Council meeting..
STREIT/WALTONSMITH MOVED TO APPROVE AUTHORIZATION
6
City Council Minutes
November 1, 2000
TO THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE
SHERIFF'S OFFICE AND MAKING APPROPRIATE BUDGET
ADJUSTMENTS. MOTION PASSED 4-0 WITH BAKER ABSENT.
AUTHORIZATION TO CITY MANAGER TO EXECUTE
AMENDMENT TO ARCHITECTURE SERVICES CONTRACT
STAFF RECOMMENDATION: ..
Authorize City Manager to execute amended agreement.
Mr. Anderson presented staff report.
Mr. Anderson indicated on August 2, 2000, the City of Saratoga contracted
with the firm of BSA Architects to provide architectural services for the
Saratoga Library expansion and renovation project.
Mr. Anderson explained the lead architect On the project is Mark Schatz, The
project, which is now in the design phase, is progressing according to schedule
and the City is pleased with the quality of work thus far.
Mr. Anderson announced that Mr. Schatz has decided to make a career move
to the-architectural finn of Field Paoli, 'effective November 6, 2000. Mr.
Schatz, BSA, and Field Paoli have jointly proposed a plan that would, provide
continuity for the Saratoga Library Project.
Mr. Anderson explained the plan is designed to allow Mr. Schatz to remain as
the principal architect throughout the entire project, transfer the Saratoga .
Library contract from BSA to the new firm of Field Paoli, using a "Novation
Agreement".
Mr. Anderson indicated Mr..Schatz would be an employee iof Field Paoli, but
would be on contract with BSA until the schematic design phase of the project
is completed December 31,. 2000. Upon completion of this phase the City's
contract would be transferred to Field Paoli under the Novation Agreement,
and from that point forward, the contract would be between the City and Field
Paoli, with Mark Schatz remaining as the principal architect.
The City Council expressed concern over the penalties the City of Saratoga
might encumber switching from BSA to Field Paoli. Also, the Council
questioned whether or not there would be any added expenses.
Mr. Anderson reassured the City Council no Penalties or added expenses
would be encumbered by the City of Saratoga.
MEHAFFEY/WALTONSMITH MOVED TO APPROVE NOVATION
7
City Council Minutes
November 1 2000
AGREEMENT SUBSTITUTING THE FIRM OF FIELD PAOLI IN
PLACE OF BSA ARCHITECTS FOR THE LIBRARY EXPANSION
AND RENOVATION PROJECT.
ABSENT.
PUBLIC HEARING
MOTION. PASSED 4-0 WITH BAKER
APPEAL' OF PLANNING COMMISSION DECISION APPROVING A
PROPOSED SUBDIVISION .- PROPERTY LOCATED AT 20251
SARATOGA-LOS GATOS ROAD (HOWELL & MCNEIL)
STAFF RECOMMENDATION:
That Council approve request of the Appellant to continue hearing until
November 15, 2000.
Mr. Anderson presented staff report.
Mr. Anderson explained that Mr. & Mrs. Lester Lee requested a continuance of
the Public Hearing to November 15, 2000.
Mr. Anderson noted that according to a City Council Policy that was approved
on January 25, 1999, the. Appellant has the tight to request a continuance at no
additional charge.
.Mayor Bogosian opened the Public Heating at 7:35 p.m. and invited any public
testimony. '.
Mayor Bogosian closed the Public Hearing at 7:36 p.m.
Mayor Bogosian noted that the public hearing for th& property located at 20251
Saratoga-Los Gatos Road hearing would be heard on November 15, 2000.
Consensus of the City CoUncil to continue the public hearing until November
15, 2000.
OLD BUSINESS
None.
NEW BUSINESS
o
PLACEMENT OF COMMUNITY & SENIOR CENTER PORTABLES
STAFF RECOMMENDATION:
That Council accept report and direct staff accordingly.
Joan Pisani, Director of Recreation, presented Staff report.
8
City Council Minutes November 1, 2000
Director Pisani reported on October 24, 2000 the City Couhcil authorized staff
to mo~ve forward withthe purchase of one portable building and the lease
agreements for two other units. Staff was directed to bring back to Council
other options for where the portables could be placed.
Director Pisani presented the areas within the Civic Center grounds.
Director Pisani reported the best location for the Senior Center portable would
be in the parking lot by the Adult Care Center.
Mary Goulart, Executive Director SASCC, concurred with Director Pisani for
the following reasons:
· No excavation would be required
Electrical and plumbing lines are nearby
· Easy access
· Sufficient parking
· Adequate handicap parking
· Location would not require seniors to walk a long distances to get from
one activity to another
Director Pisani reported the best location for the preschool"would be behind
City Hall.
Marianne Swan, Preschool Director, concurred with Director Pisani for the
following reasons:
· Access to the garden and playground
· Near Adult Day Care Center for Intergenerational Programs
· Away from major activity in the parking lot
· Turn around is possible for cars
· Away from the busiest comer in City Of Saratoga
., · Less Prone,to vandalism of equipment
Director Pisani reported the preferred location for the classroom portable
would be the area between the Community Center and the Corporation Yard.
There would be easy access to the lobby, restrooms, and main office at the
Community Center.
Councilmember Mehaffey noted he visited the proposed cites of the portables
and suggested the Senior Center portable be placed somewhere more
permanent in the event that the Community Center is remodeled and expanded.
'Councilmember Mehaffey asked if the Senior Center portable could be placed
near the Adult Care Center.
Ms. Goulart explained placing it near the Adult Care Center would put it too
-,City Council Minutes
· '.. November 1, 2000
close to the Saratoga Creek and to the Preschool's play area.
Director Pisani explained that information provided by Director Walgren, the
'50 ft. setback requirement from the creek could be waived by the City. Council
since thePortables'are not permanent structures. "
Mayor Bogosian opposes pushing' the portables closer to the Saratoga Creek.
· Councilmember Mehaffey expressed concern about losing several parking
spaces from the placement of the Preschool' and Senior Center portable..
Councilmember Streit noted the placement of the portables should be up to
Director Walgren.'
Director Pisani noted currently the City Parking lot is being infringed upon by
the Postal workers.
Director Pisani explained She already spoke to the Postmaster and was told the
Post Office is lacking sufficient parking, for the employees....
Mayor Bogosian directed staff to report back to the City Council on the figures
on usage of the City parking lot by the Post Office.
Mr. Anderson suggested giving the City's Traffic Engineer the proposed layout
of the portables and let him investigate the effects the portables might have on
traffic.
Mayor Bog0sian asked if the portables have been ordered.
Director Pisani responded the portables were ordered after the meeting held on
October 24, 2000.
Mayor Bogosian directed staff to bring this item back to the next City' Council
meeting on November 15, 2000.
o
METHODOLOGY FOR COMPETITIVE SURVEY
STAFF RECOMMENDATION:
That Council accept report and authorize Geoffrey Li Rothman and Associates
to commence with the survey. .-
Mr. Anderson presented staff report.
Mr. Anderson explained at the October 4, 2000 meeting the Council approved
to retain Geoffrey L. Rothman and Associates to identify eight to ten
comparable cities and perform a competitive salary survey using those cities.
10
City Council Minutes
November 1, 2000
The study was to provide a universe of Comparable cities, an appropriate level
and elements of compensation to survey, and a standard for making
classification matches.
Mr. Anderson indicated Rothman evaluated a number of local cities based on
population, proximity to Saratoga (both in terms of distance and commute
time) and size and/or form of government, and .concluded that the following
eight cities represent the best universe to survey in 'order to attain statistically,
meaningful data:
Los Altos
Menlo Park
San Carlos
Cupertino
Los Gatos
Morgan Hill
Campbell .
'Newark
Mayor Bogosian asked, on behalf of Councilmember Baker, why Los Altos
Hills was nOt included in the choice of cities.
Mr. Anderson responded Los Altos Hills fell below the poPulation limit.
Councilmember Streit asked Mr. Anderson the estimated time frame of the
completion of the survey.
Mn Anderson indicated the survey should be complete by the end of the year.
Councilmember Bogosian questioned why Newark was included in the list.
Mr. Anderson responded Newark met two out of three qualifying factors.
STREIT/MEHAFFEY MOVED TO ACCEPT GEOFFREY l. ROTHMAN
AND ASSOCIATES' METHODOLOGY, IDENTIFICATION OF
EIGHT COMPARABLE CITIES, AND COMMENCE SURVEY.
MOTION PASSED4-0 WITH BAKER ABSENT.
CITY COUNCIL ITEMS
Councilmember Streit announced he would not be present at the December 6, 2000 City
Council meetingl
Mayor Bogosian and Councilmember Mehaffey both responded that they also would not
be present at the December 6, 2000 City Council meeting.
Mayor Bogosian announced the December 6, 2000 City Council meeting would be
cancelled due to lack of a quorum. ~
11
City Council Minutes
Novbmber 1, 2000
Councilmember Mehaffey requested the agreemeiit between the City of Saratoga and Joe
A. Gonsalves & Son be put on a future agenda.
Councilmember Mehaffey would like to.hire Mr. Anthony Gonsalves to follow fUture
legislative issues, which might involve the City of Saratoga.
Mayor Bogosian thanked Director Walker, Ann Sullivan, and Lori Bums for the planning
andPreparation they did for the Commission Dinner that was h'eld on October 19, 2000.
MaYOr Bogosian thanked Mr. Anderson for a skillful and productive meeting with the
Prides Crossing group.
OTHER
Richard Taylor, City Attorney, reported he would not be present at the meeting of
November 15, 2000. Mr. Taylor indicated Jonathan Wittwer, Co-Counsel, would be
attending the meeting and would be fully briefed on the latest issues.
CITY MANAGER'S REPORT
'None.'
ADJOURNMENT
Mayor B0gosian adjourned the meeting at 8:10 p.m.
Respectfully Submitted,
Cathleen Boyer
City Clerk
12
- .~ MINUTES
SARATOGA CITY COUNCIL
November 15, 2000
The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room,
13777 Fruitvale Avenue at 6:00 p.m.
Conference with Real Property Negotiator (Gov't Code 54956.8)
Property: Serbian Church, 18870 Allendale Avenue
Saratoga Community Library, 13650 Saratoga Avenue
~ Abrams Property, 12948 Village Drive ,
Agency Negotiator: Dave Anderson, City Manager
Negotiating Parties: Authorize representative of Serbian Eastern Orthodox Church
Under Negotiation: Instructions to negotiator regarding price and
terms of payment for real property lease.
Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)).
Name of Case: City of Saratoga v. West Valley College ~
Santa Clara County Superior Court No. Doc. CIV756340.
Mayor's Report on Closed Session - 7:05 p.m.
Mayor Bogosian reported there was Council discussion but no action was taken.
MayorBogosian called the Regular City_ Council meeting to order at 7:06 p.m. and requested
Dave Anderson, City Manager, to lead the Pledge of Allegiance.
ROLL CALL
PRESENT:
ABSENT:
· Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey,
Mayor Stan Bogosian.
None
ALSO PRESENT:
Dave Anderson, City. Manager
Jonathan Wittwer, Assistant City Attorney
Cathleen Boyer, City Clerk
Mary Jo Walker, Director of Administrative Services
John Cherbone, Director of Public Works
James Walgren, Director of Community Development
City Council Minutes
November 15, 2000
Jonathan Wittwer, Assistant City Attorney, requested that an'urgency item be added to tonight's
agenda. Mr. Wittwer explained, on October 18, 2000, the City of Saratoga and the Hakone
Foundation 'signed a lease agreement. Within the contents of the lease agreement, the City is to
appoint one City Councilmember to the Hakone Board and one City Councilmember to the Hakone
Foundation Executive Committee.
Mr. Wittwer explained the reason for the urgency is the Hakone Board'is scheduled to meet on
Monday, November 20, 2000.
Consensus of the City Council to add appointments to the Hakone Foundation Board to. new
business as an urgency item.
REPORT OF CITY'CLERK ON POSTING OF AGENDA FOR NOVEMBER 15, 2000.
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 5495&2, the
agenda for the meeting of November 15, 2000 was properly posted on November 9, 2000.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
None
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF
None
CEREMONIAL ITEMS
lA. PROCLAMATION - DECLARING THE WEEK OF NOVEMBER 19-25, 2000
"FAMILY WEEK"
STAFF RECOMMENDATION:
Present proclamation.
Mayor Bogosian read the proclamation and presented it to Rabbi Preston representing
the Saratoga Ministerial Association. · .
2
City Council Minutes
November 15, 2000
1B. COMMENDATION FOR SHEEVA GHASSEMI, YOUTH COMMISSIONER
"STAFF RECOMMENDATION:
Present Commendation.
Mayor Bogosian read the proclamation and presented it to Sheeva Ghassemi.
lC
PROCLAMATION - DECLARING THE WEEK OF NOVEMBER 17-24, 2000
"FALUN DAFA WEEK"
STAFF RECOMMENDATION:
.Present proclamation.
MaYor Bogosian read proclamation and presented it to Steve Ispas.
1D.
Mr. Ispas read a prepared statement thanking the City of Saratoga for the proclamation
and gave a brief background explaining the Practices of Falun Dafa.
APPOINTMENT OF YOUTH COMMISSION MEMBERS
STAFF RECOMMENDATION:
Approve Resolution of Appointment and Administer Oath of Office.
TITLE OF RESOLUTION: 00-058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING TWO MEMBERS TO THE YOUTH COMMISSION.
STREIT/BAKER MOVED TO ADOPT RESOLUTION APPOINTING
NICOLETTE KIRK AND RAMY EL-DIWANY TO THE YOUTH
COMMISSION. MOTION PASSED 5-0.
Cathleen Boyer, City Clerk, administered the Oath of Office': to the following newly
appointed commissioners: Nicolette Kirk and Ramy E1-Diwany.
CONSENT CALENDAR-
2A.
Approve Council Meeting Minutes
Regular Meeting - October 18, 2000
STAFF RECOMMENDATION:
That 'CoUncil apprOve minutes.
Mayor Bogosian pulled Item lA from the Consent Calendar.
Mayor Bogosian noted on page 2, under Oral Communications, "Cheryl Jensen" should be
spelled "Cheriel Jensen".
Mayor Bogosian requested on page 14, 4th paragraph, the following be added:
3
City Council Minutes
November 15, 2000
"and provide a report on th~ pesticides the contractors are using."
Councilmember Mehaffey noted on page 3, 2nd paragraph, the culvert Mr. Barry was
referring to is not at the cross streets of Fruitvale Avenue and Farwell Avenue. The minutes
should indicate the culvert is "near Fruitvale and Farwell Ave". .
Councilmember Mehaffey noted a few typographical errors and would forward the
corrections to the City Clerk.
Councilmember Waltonsmith requested on page .7, 1 st paragraph, the following be added;
"requests that any ordinances be easy for the Sheriff's Department to enforce."
Councilmember Waltonsmith requested on page 14, 5th paragraph, the following be added:
"due to continuing upgrades in knowledge of side effects and changing types of
pesticides."
WALTONSMITH/MEHAFFEY MOVED TO APPROVE MINUTES OF
OCTOBER 18, 2000 AS AMENDED. MOTION PASSED 5-0.
2B. APPROVAL OF CHECK REGISTER
STAFF RECOMMENDATION:
That Council approve check register as submitted.
STREIT/BAKER MOVED TO NOTE AND FILE CHECK REGISTER. MOTION
PASSED 5-0.
2C.
FINANCIAL REPORTS FOR THE THREE MONTHS ENDED
SEPTEMBER 2000
STAFF RECOMMENDATION:
That Council accept the Financial Report. ·
Councilmember Mehaffey pulled, Item 2C from the Consent Calendar.
Councilmember Mehaffey requested clarification on what the CLEEP program is.
Mary Jo Walker, Director of Administrative Services, explained the CLEEP program is
money that was put into the State's budget and each City is guaranteed at least $100,000.00
for police technology. It is a one-time grant.
MEHAFFEY/STREIT MOVED TO ACCEPT FINANCIAL REPORT. MOTION
PASSED 5-0.
4
City Council Minutes November 15, 2000
2D.
· 2E.
REVIEW PLANNING COMMISSION ACTION MINUTES
STAFF RECOMMENDATION:
That Council note and file the minutes.
STREIT/BAKER MOVED TO NOTE AND FILE ACTION MINUTES. MOTION
PASSED 5-0.
ADOPT RESOLUTION EXPRESSING OFFICIAL INTENT REGARDING
CERTAIN CAPITOL EXPENDITURES TO BE REIMBURSED FROM
PROCEEDS OF THE LIBRARY GENERAL BOND OBLIGATION
STAFF RECOMMENDATION:.
That Council approve resolution for final map.
TITLE OF RESOLUTION: 00-059
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITAL
EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF THE LIBRARY
GENERAL BOND OBLIGATION
Mayor Bogosian pulled Item 2E from the Consent Calendar.
Mayor Bogosian questioned if the resolUtion could be Challenged sometime in the future,
and if so, does this resolution cover the City adequately.
Jonathan Wittwer, Assistant City Attorney, responded to Mayor B0gosian explaining that
this resolution was~recommended by a bond counsel and they are experts in this field. He
also noted this is a customary resolution to adopt in this type of situation.
Mary Jo Walker, Director of Administrative Services, indicated that the resolution should
only come into play ifconstructionbegins and the bonds haVe not been sold. She noted the
City anticipates all the bonds will be sold before construction begins.
BAKER/WALTONSMITH MOV'ED. TO ADOPT'RESOLUTION EXPRESSING
OFFICIAL INTENT. MOTION PASSED 5-0.
Mayor Bogosian indicated the VTA has-requested the opportunity to be heard before the public
hearings begin;
Consensus of the City Council to allow the VTA to present the VTP 2020 Transportation Plan
before the start of the Public Hearings.
City Council Minutes
November 15, 2000
OLD BUSINESS
PRESENTATION -VALLEY TRANSPORTATION PLAN 2020
Informational only.. ·
STAFF RECOMMENDATION:
Informational only.,
Carolyn Gonot, Manager/Congestion Management Program presented report.
Ms. Gonot explained to the City Council that the Valley Transportation Plan 2020 has
approximately $2 billion dollars in the budget, which increased since the passage of the
½ cent sales tax on November 7, 2000. The Plan provides policies and programs for
roadways, transit, intelligent transportation systems, bicycle and pedestrian facilities,
and land use.
Ms. Gonot indicated VTP 2020 would also provide funding for local street and roadway
projects and pavement management programs.
Mayor Bogosian thanked Ms. Gonot for her presentation.
PUBLIC HEARINGS
o
APPEAL OF PLANNING COMMISSION APPROVAL OF A TENTATIVE MAP
FOR THE .SUBDIVISION LOCATED AT 20251 SARATOGA -LOS GATOS
ROAD
STAFF RECOMMENDATION:
Deny the appeal and uphold the Planning Commission's decision.
James Walgren, Director of Community Development, presented staff report.
Director Walgren explained the project neighbors Lester and Helen Lee are appealing
the Planning Commission's approval of a Tentative Map to subdivide a 3.7-acre parcel
into five separate parcels ranging in size from 21,100 square feet tO 46,530 square feet.
The subject property 'is located on the southeast side of Carnelian Glen Court at the
comer of Saratoga-Los Gatos Road.
Director Walgren pointed out that the-project has been through the entire design review
process and all recommendations have either been incorporated into the plans or are
included as ~onditions of approval.
Director Walgren explained public heatings were held before the Planning Commission
on August 9 and September 27, 2000 to evaluate the proposal and receive public
comment. The Planning Commission conditionally approved the Tentative Map on
September 27, 2000.
Director Walgren noted the existing main residence on the property will remain on the
City Council Minutes
November 15, 2000
newly created Lot 3 and has been designated by the Heritage Preservation Commission
as "historical".
Director Walgren reported the Lees are appealing the approval because the location of
the flag lot driveway serving Lot 4 across from their home will reduce the value of their
property.
Director Walgren noted staff is recommending that Council support the Planning
· Commission decision.
Director Walgren informed the Council that Chuck Page, Planning Commission Chair,
was present tonight to answer any questions they might have.
Councilmember Waltonsmith reported she visited .the property and questioned if the flag
lot driveway was ever considered going another direction in order to preserve the
existing Japanese garden.
Councilmember Streit questioned if the developers have considered reducing the parcels
down to three lots instead of five, he feels the plan has too many lots and destroys the
integrity of the original building.
Director Walgren responded indicating the Developers have looked at other alternatives
but nothing worked well enough to pursue.
Mayor Bogosian directed a question to Commissioner Page asking him if it was the
sense of the Planning Commission that there was adequate clearance from the driveway
to the building in regards t.o the flag lot. ~
Chuck Page/Planning Commission Chair explained the Planning Commission did
explore the opportunity of having a shared driveway or have Lots 3 & 4 have a single
driveway, but the Commissions came to the conclusion that there were no findings.
Mayor Bogosian oPened the public hearing at 7:43 p.m. and invited any public
comments.
'Lester Lee, 14653 Carnelian Glen Court, pointed.out that he has lived on Carnelian Glen
Court for 17 years. Mr. Lee noted the driveway for the flag lot points directly into his
house. He is opposed to the flag lot for security and privacy issues. Mr. Lee indicated
the developers are proposing'a driveway that is not safe.
Helen Lee, 14653 Carnelian Glen Court, noted the driveway for the flag lot infringes on
her Chinese beliefs.~ Mrs. Lee reported they would have all three driveways pointing
directly at their house. Mrs. Lee noted she has no objections to the development if the
developers are willing to v~ork with her to solve her issues.
Gregory Howell/Developer, 125 Glem'idge Drive, Los Gatos, explained that he has met
with all the neighbors around the property who would meet with him, spoke befOre the
7
City Council Minutes
November 15, 2000
Planning Commission twice, find has all the approval of the various utility companies
and City Commissions. In regards to the driveway for the flag lot, Mr. Howell noted
that there is an existing driveway that is partially paved and the paving will just continue
down to the street.
Mayor Bogosian asked Mr. Howell if he had spoken to the neighbors prior to the
development review process.
Mr. Howell reported that a month before the project went before the Planning.
Commission, he held an open house at the existing residence and invited the neighbors.
He indicated all of the neighbors have written letters of support for this project except
for the Lees.
Councilmember Streit questioned if the Lee's concerns have been addressed and if
cutting back the number of purposed lots has been considered.
Councilmember Streit commented that the Lee's have three driveways facing their
property.
Mr. Howell noted that he has suggested various solutions to the concerns Mr. & Mrs.
Lee have, but they have refused all of the suggestions.
Councilmember Baker noted that the more lots the developers subdivide, the more
financial gain they will have.
Mr. Howell explained the current house was built in 1953 and, in most cities, historic
designation is applied to homes built in the 1940's.
Mr. Howell noted that he and Mr. McNeil have offered the City to designate, the current
house as historic. He felt it was a compromise with the existing neighbors to keep the
original house.
Mr. Howell explained that in the past, developers have wanted to knock down the
original house and build up to seven new houses with no variances.
Councilmember Baker noted the original house is beautiful until it is chopped up into
five separate parcels.' ·
Mr. Howell responded that a person has already made an offer on the house. He also
noted that they would only be taking out 2 out of the 200 trees.
Councilmember Mehaffey asked if lot 4 and lot 3 could share a driveway.
Mr. Howell noted it was considered but the Fire Department. denied a shared driveway
due to safety factors.
Mayor Bogosian asked if anyone else wanted to speak on 'this matter, and, that both the
8
City Council Minutes
November 15, 2000
appellant and applicant had five minutes for any last 'comments.
Mrs. Lee commented she regrets not hiring an attorney to repreSent her family. Mrs.
Lee explained her only complaint is the driveway that faces her house. Besides this
issue, she supports the project. She urged the Council to recommend that the developers
change the flag lot's driveway.
Mr. Howell explained that he has met with Mr. and Mrs. Lee and understands their
Position; he has tried to accommodate their concerns to their satisfaction but has been
unsuccessfUl.,
Mayor Bogosian closed the public hearing at 8:21 p.m.
Councilmember Waltonsmith recommended Mr. & Mrs. Lee's cultural differences
should be kept in mind and the driveway on the flag lot should be redirected.
Councilmember Waltonsmith noted the original estate should be given a wider lot to
preserve as much of it as possible.
Councilmember Streit expressed his appreciation of the work the Planning Commission
and Howell & McNeil' has'done but'noted the Council's job is to maintain the character
of our already existing neighborhoods.
Councilmember Streit noted he does not agree with all three driVeways pointing to the
Lee's house. He suggested moving the driveway of Lot 4 in either direction to avoid the
Lee's house. '
Councilmember Streit stated the Lee's quality of life should no[ be jeopardized.
Councilmember Mehaffey concurred with Councilmember Streit and cannot support the
plan as it is and is against placing the flag lot on the north side of the property. He noted
.that if removal of one'tree would decrease the impact on the Lee's property, he would
not object. '
Mayor Bogosian noted he would like to see the plan resubmitted so there is less impact
on the Lee's property. ' · '..
Councilmember Baker noted he is against the entire project. He feels the Developer has
done an inadequate job in preserving the existing estate and does not approve of Lot 4.
The flag lot destroys the esthetics of the neighborhood. Also, he believes there are ways
· to mitigate the Lee's concerns'.
Councilmember Baker concurred with the idea of moving the driveway of Lot 4 so that
it eliminates the impact on'the Lee's property. He Would.like to see the plan
resubmit'ted..
City Council Minutes
November 15, 2000
Jonathan Witter, City Attorriey} 'recommended reopening the public heari.'ng on a
specific date, if the Developers do not object. Mr. Witter noted that reopening the
heating would not mandate a mailed notice.
Tim McNeil/Developer, agreed to reopen the public heating only if it is to be addressed
at the next scheduled meeting.
Mayor Bogosian noted the next scheduled meeting is on December 12, 2000.
BAKER/MEHAFFEY'MOVE TO REOPEN THE PUBLIC HEARING FOR THE
PROPERTY LOCATED AT 20251 SARATOGA ~LOS GATOS ROAD.
MOTION PASSED 5-0.
BAKER/WALTONSMITH MOVED TO REOPEN THE PUBLIC HEARING ON
DECEMBER 12, 2000. MOTION PASSED 5-0.
Mayor Bogosain declared .a ten-minute recess at 8:55 p.m.
Mayor Bogosian reconvened the meeting at 9:04 p.m.
CIRCULATION ELEMENT & SCENIC HIGHWAY ELEMENT
STAFF RECOMMENDATION:
Approve Circulation Element & Scenic Highway Element.
James Walgren, Director of Community Development, pre, sented staff report.
Director Walgren noted this was a continued public hearing from September 20 arid
October 8, 2000.
Director Walgren eXPlained at the October 8, 2000 City Council meeting that trail
advocate, Teri Baron expressed her concerns regarding the Circulation Element &
Scenic Highway Element. The results from her comments postponed the adoption of the
Element in order to respond to her comments andconcems.
Director Walgren indicated Ms, Baron's comments and concerns were referred to the
Parks and Recreation Commission and the Commission addressed each issue Ms. Baron
brought up.
In regards to the Council's concern regarding interchanges mentioned in the background
report, Director Walgren explained the background report in the Element is useful but
not critical, and can be deleted if the Council chooses to do so.
Director Walgren noted Sohrab Rashid, Project Manager/Fehr and Peers and Associate,
was present and available for any questions the City Council may have.
City Council Minutes
November 15, 2000
Councilmember Mehaffey noted a final version of the Element was not provided to the
Library two weeks before the public-heating, per the instructions of the Council at the
October 8, 2000 meeting.
BAKER/MEHAFFEY MOVED TO CLOSE THE PUBLIC HEARING AND
CONTINUE IT ON DECEMBER 12, 2000.' MOTION PASSED 5-0.
Councilmember Baker indicated he feels that withOut the background report in the
Element, the document is not complete~
Councilmember Baker noted the background report does not invite the issue of adding
more interchanges in Saratoga.
Councilmember Streit concurred with Councilmember Baker.
Councilmember Waltonsmith disagreed with Councilmember Streit and Councilmember
'Baker. She believes the background report should still be deleted from the Element, but
perhaps rewording the section on interchanges, making it clear that any new
interchanges would have to gobefore a vote of the people.
Mayor Bogosian supports the additional language regarding interchanges proposed by
Councilmember Waltonsmith.
· Councilmember Mehaffey would like to see the background section kept in the Element
for historical value and would support Councilmember Waltonsmith's additional
language, in regards to interchanges.
Councilmember Mehaffey suggested Ms. Baron be invited to look at the final version of
the Element, and that the Library must have a copy at least two :weeks before the next
public hearing..
Councilmember Baker indicated he does not want to keep contiiiuing this hearing and
made a-public announcement noting if anyone viewing tonight has any comments or
concerns, December 12, 2000 would be their last chance for public comments.
STREIT/WAL'TONSMITH MOVED TO CONTINUE THE CIRCULATION &
SCENIC HIGHWAY ELEMENT TO DECEMBER 12, 2000.
MOTION PASSED 5-0. :
3_1
City Council Minutes
November 15, 2000
5. CONSTRUCTION HouRS - AMENDMENT TO THE NOISE ORDINANCE.
STAFF RECOMMENDATION:
Adopt ordinance.
James Walgren, Director of Community Development, presented staff report.
Director Walgren noted this public heating was continued from October 18, 2000. Mr.
Walgren explained the amended draft ordinance would not allow residential home
additions of up to fifty percent of the existing structure's square footage to occur on
Sunday's and holidays. Also, the draft ordinance contains a clear definition of the
difference between residential, commercial, and subdivision construction.
Mayor Bogosian opened the public heating at 9:20 p.m. and invited any public
comments.
Mike McConnell, 19540 Saratoga-Los Gatos Road, asked the Council to reject the draft
ordinance. He noted the City is not constraining noise but rather constraining
construction. Mr. McConnell noted a number of small jobs that do require a permit do
not infringe on surrounding neighbors' tights.
Thereon Shaw, 14720 Oak Street agreed that although, some people work all week long
and prefer to do construction work on the weekend, other people work all week long and
want to relax on the weekends, and construction noise would bother them.
James Nix, 19600 Saratoga-Los Gatos Road, expressed his opposition to the draft
ordinance.
Mayor Bogosianclosed the public heating at 9:35 p.m.
Councilmember Mehaffey noted he liked the fact that the requirement of posting of the
applicable construction hours on the construction site was included in the ordinance, but
'requested the word "conspicuously" be added to that section..
C°uncilmember Waltonsmith agreed with the three members from the public who
spoke. She stated that different people have different uses of their time and this
ordinance needs to balance the needs of everyone. Although she supports this
ordinance, she hopes that neighbors will communicate better so that involving the
Sheriff's Department can be avoided.
Councilmember Baker noted he supports the ordinance.
STREIT/WALTONSMITH MOVED TO ADOPT AN ORDiNANCE AMENDiNG
THE NOISE STANDARDS FOR CONSTRUCTION ACTIVITIES. MOTION
PASSED 5-0.
OLD BUSINESS
2[2
City Council Minutes November 15, 2000
o
REPORT ON USE OF INTERIOR PESTICIDES.
STAFF RECOMMENDATION:
Informational only.
John Cherbone, Director of Public Works presented staff report.
Director Cherboneexplained at the October 18 City Council Meeting, staff was directed
to provide information in regards to the types of pesticides that are applied in and
around City owned facilities.
Director Cherbone noted Robert Kirk, Facility Maintenance Supervisor, supplied him
the information-to him.
Director Cherbone indicated three pesticides with low toxicity are applied as needed for
ants and .cockroaches.
Director Cherbone noted he has received new information via the internet in regards to a
pesticides program the City of San Francisco is implementing:
Councilmember Waltonsmith indicated she would be interested in hearing what the City
of San Francisco is doing to eliminate the use of pesticides.
Councilmember Streit noted, in regards to the Heritage orchard, that Mr. Novacovich
should post the times and dates when he will be using pesticides on the orchard and try
to avoid spraying when'the sidewalks and surrounding areas are.heavily used.
Councilmember Streit added that it might be a good idea to publish those spray dates in
the Saratoga News so everyone is aware.
.-Mayor Bogosian directed staffto return to Council with the City of San Francisco's
Pesticide Management Program report and determine if there is any relevancy to the
~' City of Saratoga. '.
Mayor Bogosian thanked Director Cherbone for the report.
NEW BUSINESS
URGENCY ITEM.' : ~
APPOINTMENT OF
FOUNDATION 'BOARD.
TWO COUNCILMEMBERS TO THE HAKONE
STAFF RECOMMENDATION:'
Appoint two Councilmembers to the Hakone Board.
Dave Anderson, City Manager, presented staff report.
3.3
City Council Minutes
November 15, 2000
Mr. Anderson explained on OCtober 18, 2000, the City Council approved an amendment to
the Lease Agreement with the Hakone Foundation. In the new governance section of the
amended agreement, two-members of the Saratoga City.Council will now sit on the
Hakone Foundation Board. Their next meeting is on November 20, 2000 at 8:00 p.m.
Mayor Bog°sian noted the Hakone Foundation's meeting' conflicts with his meeting of the
Library Expansion Committee and in mm is nominating Councilmember.Mehaffey.
Councilmember Mehaffey accepted nomination.
COuncilmember Waltonsmith nominated CoUncilmember Streit as the second
representative for the Hakone Foundation Board.
Councilmember Streit accepted nomination.'
BOGOSIAN/MEHAFFEY MOVE TO APPOINT COUNCILMEMBER MEHAFFEY
AND COUNCILMEMBER STREIT TO THE HAKONE FOUNDATION 'BOARD.
MOTION PASSED 5-0.
AUTHORIZATION TO CITY MANAGER TO EXEcuTE AMENDMENT TO
CONTRACT WITH GREG ING & ASSOCIATES FOR CONGRESS SPRINGS
RENOVATIONS.
STAFF RECOMMENDATION:
Authorize City Manager to execute contract.
John Cherbone, Director of Public Works, presented staff report.
Director Cherbone explained, as reported previously, that the City's construction budget
for Congress Springs Park, $1.2 million, includes for only basic infrastructure such as new
turf, irrigation, landscaping, and basic ball field infrastructure. Higher-end amenities and
additional infrastructure, including brick backstops, courtyard pavers, batting cages,
portable bleachers/backstops/fencing, utility building, and scoreboards, are above and
beyond what the current budget can support.
Director Cherbone noted the estimated additional cost to improve the park with these
upgrades and additions is estimated at $640,000.00.
Directed Cherbone indicated Staff, the Con .gress Springs Task Force Committee, and the
Parks and Recreation Commission believe that through private donations it may be
possible to raise most of the estimated additional funds.
Director Cherbone'informed the City Council that the recommended vehicle to accomplish
the fundraising is a Park Donation Brochure, which will catalog the amenities with color
depictions and associated costs. Potential donors would be able to choose a particular
amenity and "purchase" it, and in return receive recognition of the donation if'desired. '
14
November 15, 2000
City Council Minutes
Director Cherbone reported that currently through Saratoga Little League and A.Y.S.O,
volUnteers are being sought for the establishment of a Saratoga youth sport foundation,
which Will act as a nonprofit organization for solicitation and acceptance of donations for
Congress Springs Park.
Director Cherbone indicated that if the City decides'to move forward with the design of a
higher end project at Congress Springs Park, it would be necessary to increase the existing
contract with Greg G. lng & Associates in an amoUnt not to exceed $40,000.00. The
additional design fee corresponds to approximately 6% of the estimated cost of the
upgrades.
Director Cherbone noted staff recommends the $55,000.00 be spread proportionately to
each amenity item and reimbursed to the City through the Saratoga youth sport foundation
based upon total donated. :
Director Cherbone emphasized that if the total costs of upgrades are not realized through
donations, the City will not receive the full reimbursement for the additional design work
and therefore is a cost to the City. ',
Mayor Bogosian questioned that-if no donations-are made to the youth foundation then the
City would be out $55,000.00.
Director Cherbone. responded that the' City would be at a loss'of $55,000.00.
Councilmember Mehaffey questioned what a portable restroom was.
Director Cherbone explained a portable restroom is a permanent bathroom serviced like a
Portable restroom. Instead of permanent plumbing it will have a holding tank.
Councilmember Streit indicated both the Saratoga Little League and the A.Y.S.O.
requested this type of facility.
Councilmember Waltonsmith asked if all the user groups at Congress Springs Park were
supportive of this Donation Brochure.
Director Cherbone responded that all the user groups are very supportive of the donation
program. ' ".' · -.
Councilmember Streit noted he is on the Congress Springs Park Task Force Committee
and the concept of donating park amenities should not end with Congress Springs Park, but
should be continued throughout all. the parks in Saratoga.
WALTONSMITH/STREIT MOVED TO AUTHORIZE'CITY MANAGER TO
EXECUTE AMENDED AGREEMENT WITH GREG ING & ASSOCIATES FOR
THE PREPARATION OF A DONATION BROCHURE FOR CONGRESS
SPRINGS PARK FOR $15,000.00. MOTION PASSED5-0.
15
City Council Minutes November 15, 2000
MOVED TO AUTHORI~;E 'THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE EXISTING AGREEMENT WITH GREG G. lNG. &
ASSOCIATES IN AN AMOUNT NOT TO EXCEED $40,000.00 FOR
ADDITIONAL SCOPE OF SERVICE WORK. MOTION PASSED 5-0.
9. FISCAL YEAR ENDED JUNE 30, 2000 .- COMPREHENSIVE ANNUAL
FINANCIAL REPORT.
STAFF RECOMMENDATION:
Accept the'fiscal year ended June 30, 2000 report.
Mary Jo Walker, Director of Administrative Services, presented staff report.
Director Walker noted the Comprehensive Annual Financial Report (CAFR) of the City of
Saratoga for the year ended June 30, 2000, has been prepared and is submitted to the City
Council for review and approval.
Director Walker explained that applicable federal, state, and local statues, which require
that the City of Saratoga issue an annual report on its financial position and activity, and
that this report be audited by an independent firm of certified public accountants. The
report contains an unqUalified opinion, which is the highest level of assurance given.
Director Walker explained the CAFR is presented in three sections: introductory, financial,
and statistical. Contained in the Introductory Section the CAFR is an excellent summary
of the City's economic conditions and outlook as well as a summary of the City's financial
information and major initiatives. ~.
Director Walker noted that the fund balance for the "General Fund" was $9,085,620.00 and
the fund balance for "All Funds" was $13,799,911.00.
Director Walker explained two important details came out of this years CAFR: 1. City is in stable financial standings
2. City was managed fiscally conservative
Councilmember Baker indicated that he applauded the report.
Councilmember Streit thanked Director Walker for doing an excellent job.
Director Walker responded credit should be extended to Ray Galindo, Accounting
Supervisor, as he managed the complete audit by himself this year.
BAKER/MEHAFFEY MOVED TO ACCEPT THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FY YEAR ENDED JUNE 30, 2000. MOTION
PASSED 5-0.
1'6
City Council Minutes
November 15, 2000
10.
CONSIDERATION OF AMENDING CONTRACT WITH JOE A GONSALVES &
SON TO CONTINUE TO PROVIDE LEGISLATIVE ADVOCACY &
GOVERNMENT AFFAIRS SERVICES.
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Dave Anderson, City Manager presented staff report.
Mr. Anderson explained on April 4, 2000, the City of Saratoga contracted with
Gonsalves & Son to provide services in the areas of legislative advocacy and
governmental affairs. The City was particularly interested in the passage of SB 1883
and, with the assistance of Gonsalves & Son, it was approved by the State legislature
and signed by the Governor in September. The City's experience with this firm has
been positive. The firm has been supportive and professional.
Mr. Anderson indicated the City ceased the services of the firm, effective November 30,
2000. At the November 1st City Council meeting, Mr. Anderson explained, staff was
asked to bring the issue before the City Council for further discussion.
Mr. Anderson noted the services provided by Gonsalves & Son specifically for SB 1883
were invaluable, and could not have been performed by City Staff. However, the more
routine legislative monitoring and analysis services provided by Gonsalves could be
accomplished through alternative means such as using the League of California Cities
monitoring and analysis services. ~
Mr. Anderson noted before determining ~he'most beneficial route for the City to take
regarding legislative monitoring and analysis, the City Council needs to discuss the level
of involvement the City wants for the area of legislative advocacy.
Mr. Anderson presented four degrees of involvement that could 'be selected:
1. Staff would monitor and analyze legislation from the League's bulletins and
would bring legislation to the City .Council for discussion.
· 2.. Staff would monitor and highlight legislation that'is ~of interest to the City and
Would bring legislation to the City Council for discussion. Staff would then
prepare letters of support or opposition for the Mayor's signature.
3. Hire a consultant such as Gonsalves & Son to advocate specific positions. Staff
would bring the .issue to Council and draft the letters for the Mayor's signature.
"- 4: ,Hire a consultant to lobby for special purpose legislation that would be of direct
benefit to the City.
Councilmember Streit suggested at the Mayor/Managers meetings to discuss with the
other Cities the. possibilitY of doing level four, and tonight consider doing level 1, 2, or
3, in Saratoga on an ongoing basis.
Mayor Bogosian does not support paying GonSalves & Son $3000.00 for ongoing
consulting services. Mayor Bogosain concurred with Councilmember Streit that a
17
City Council Minutes November 15, 2000
11.¸
discussion should take place at the City Mayors/Managers meeting in January.
· Councilmember Mehaffey suggested instituting a policy of level two monitoring so the
City of Saratoga does not miss any future opportunities.
Councilmember Baker noted he is worded that we do not know what state funding is
available to us because the City does not know what is happening in Sacramento. His
suggestion is to request Gonsalves & Son to write a proposal that would explain what
they would provide to the City on an ongoing basis for $3000.000 a month.
Mayor Bogosian concurred with Councilmember Baker's suggestion on asking
Gonsalves & Son for a proposal.
Councilmember Waltonsmith suppo_rts having an ongoing, consultant and not to burden
the staff with monitoring legislature.
Mayor Bogosian directed staff to write a letter to Gonsalves & Son requesting a
proposal of services they could provide to the City of Saratoga.
PATHWAY AND MINOR DRAINAGE IMPROVEMENTS.
STAFF RECOMMENDATION:
Authorize City Manager to execute proposals.
TITLE OF RESOLUTION: 00-060
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/01
BUDGET
Dave Anderson, City Manager, presented staff report.
Mr. Anderson reported that over the past few months, it has come to the City's attention,
via public and staff observation, that various pathway and drainage improvements that
· are needed at various locations throughout the City.
Mr. Anderson indicated the estimated cost of completing these eleven small
improvements is $147,500.00. Mr. Anderson explained that there are sufficient funds
budgeted in the street maintenance and in C.I.P. No. 0106 for performance of this work.
Mr. Anderson reported that the City recently received an unexpected allocation of
$224,000.00 from the State in conjunction with AB2928 for street maintenance, so the
expenditures for the suggested improvements would not impact the current year's
budget for pavement management.
BAKER/MEHAFFEY MOVED TO AUTHORIZE THE CITY MANAGER 'TO
EXECUTE INCREASES TO EXISTING CONTRACTS WITH. DURAN &
3_8
City Council Minutes
November 15, 2000
VENABLES, INC AND J.J.R. CONSTRUCTION IN THE AMOUNTS OF
$75,000.00 AND $21~500.00. MOTION PASSED 5-0.
BAKER/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A TIME AND MATERIAL CONTRACT WITH STEVENS CREEK
QUARRY TO PERFORM DRAINAGE IMPROVEMENT WORK IN THE
AMOUNT NOT TO EXCEED $51,000.00. MOTION PASSED 5-0.
MEHAFFEY/STREIT MOVED TO ADOPT RESOLUTION MAKING
APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/01 BUDGET.
MOTION PASSED 5-0.
CITY COUNCIL ITEMS
Councilmember Baker reported that he spoke with the West Valley Sanitation District today and
the full sleeving of the sanitary sewer line at Big Basin/Saratoga-Sunnyvale Road will be
completed either today or tomorrow.
Councilmember Waltonsmith requested information from the City Attorney on how to establish
a nonprofit status to raise funds for the Community & Senior Center.
Mayor Bogosian concurred with Councilmember Waltonsmith and directed the City Attorney to
bring a report back to Council at a later date.
Councilmember Waltonsmith reported that at the Gardner Park grand opening she noticed the
cement in the creek bed was deteriorating. She suggested the Water District be contacted to
repair it.
Councilmember Waltonsmith also requested a report back on the status of the right-of-way issue
on Harleigh Drive.
Councilmember Waltonsmith' reported she attended the Patrick James grand opening and noted
that it is a beautiful store.
Mayor Bogosian directed staffto prepare an e-mail password policy.
Councilmember Mehaffey requested Committee Reports be placed back on the agendas at least
once a month, preferably at the Adjourned Meetings.
Councilmember Mehaffey requested for the next meeting that a date matrix be included in the
Council's packet for all of the outside agency committees and commissiohs.
2[9
City Council Minutes
November 15, 2000
OTHER
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
Mayor Bogosian adjourned the meeting at 10:55 p.m.
Respectfully submitted,
Cathleen Boyer
City Clerk
20
MINUTES
~SARATOGA CITY COUNCIL
CLOSED SESSION
December 4, 2000
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room, 13777 FruitvaleAvenue at 7:00 p.m. for the purpose of Conference
with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)).
CALL TO ORDER
Vice Mayor Mehaffey called the meeting to order at-7:02 p.m2.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
Evan Baker
John Mehaffey
Nick Streit
Ann Waltonsmith
Stan Bogosian.
Dave Anderson, City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk ·
REPORT OF CITY CLERK POSTING OF AGENDA FOR DECEMBER 4, 2000
Cathleen Boyer, City-Clerk, reported that pursuant to Govemrnent COde Section 54954.2,
the agenda for the meeting of December 4, 2000 was properly posted on December 1, 2000.
WRITTEN COMMUNICATIONS
Vice Mayor Mehaffey noted several
revieWed by the City Council.
PUBLIC COMMENTS
Pursuant to Government Code section 54954.3(a), the City Council will provide the public
with an opportunity'tO address the Council on any item'described in the notice before or
during consideration of that item.
The following people spoke at tonight's meeting:
Written communications have been received and
Brenda Albrecht, 19275 San Marcos Road, noted she is opposed to the proposed stadium at
West Valley College. Ms. Albrecht expressed concern over increased traffic, noise, and
additional lighting. Ms. Albrecht urged the City .Council to file an appeal.
Barry Cohen,. 19519 Kenosha Court, reported he is the president of his neighborhood
homeowners assoc, iation; he is representing sixteen (16) homes. Mr. Cohen expressed
opposition on the proposed 'stadium at West Valley College because of the noise, traffic and
additional light. Mr. Cohen described the increased traffic and noise problem caused by the
Strawberry Festival and art festivals that take place at West Valley College. Mr. Cohen
urged the City Council to file an appeal.
Ralph Mullins, 19573 Douglas Lane, noted he recently purchased in this area. Mr. Mullins
explained West Valley College should not be allowed to construct a stadium for the
following reasons;-increased noise, increased traffic, decrease in property value, and the
integrity of the College. Mr. Mullins strongly urged the City Council to file an appeal.
Victor Monia, Granite Way, thanked the City Council for allowing everyone to speak
tonight. Mr. Monia noted he fully supports the City Council and asked for the continued
support from the Council and file an appeal against West Valley College. Mr. Monia noted
the College's intended use of a stadium would not end with just football games, eventually
they will. hold concerts and other types of events.
Stephen.Rowe, 19171 Allendale Avenue, questioned the values of West Valley College and
lack of concern of proper, uses for the property. Mr. Rowe explained, for example, Parking
Lot #1 is being used as the following; temporary bus station, drop off area for toxic wastes
four (4) times a year, parking for the Strawberry Festival, and parking for Villa Montalvo.
Mr. Rowe urged the City Council to file an appeal.
Ruchi Zutshi, 14015 Short Hill Court noted she has!ired here for four (4)-years and opposes
the proposed stadium at West Valley College. Mrs. Zutshi has concerns with the increase in
traffic, safety, and additional lighting.
Linda Parker, 14136 Okanogan Drive, explained she would not have purchased in the
neighborhood if she new a stadium would eventually be built at West Valley College. Mrs.
Parker urged the City Council to file an appeal.
Herb Radding, 14050 Chester AvenUe, thanked the Council for allowing him to speak
tonight. Mr. Radding noted the contract the College signed years ago with the City of
Saratoga, stated they would not build a stadium. Mr. Radding noted he is tired of all the
noise that comes from the College. Mr. Radding urged the City Council to file an appeal.
James F. Martin, 19932 DOuglas Lane, noted he has lived in Saratoga for twenty-two (22)
years and this was the third time the College has tried to build a stadium. Mr. Martin urged
the City Council to file an appeal.
Cynthia Barry, 19281 San Marcos Road, concurred with all of the previous comments and
urged the City Council to file an appeal.
Howard Summers, 14800 Andrew Court, noted prior to moving to Saratoga he and his wife
lived in Palo Alto, near Stanford College. Mr. Summers moved to Saratoga tO get axvaY
from the traffic and noise only to find himself in that situation again. Mr. Summers noted he
is not opposed to the College itself, but cannot understand how the' College can claim that a
stadium is a classroom and will help the school academically. Mr. Summers urged the City
Council to file an appeal.
Cheriel Jensen, 13737 Quito Road, explained a stadium will increase the noise, traffic and
crime in Saratoga. Mrs. Jensen noted the money that would be spent on a new stadium
should go towards enhancing the academics and increase the salaries of the instructors. Mrs.
Jensen commented that a stadium has no academic value and urged the City Council to file
an appeal.
Jeff Schwartz, San Marcos Road, noted he is a Governing Board Member at West Valley
College but has recused himself froTM all discussion on the issue of the stadium. Mr.
Schwartz explained he is here tonight as a twenty-five year (25) resident of Saratoga. Mr.
Swartz stated the College passed a resolution in the 1970's that the College's intent was to
eventually build a stadium for outdoor concerts.
Mr. Schwartz discussed problems Saratoga is currently facing with the traffic from the
schools, the post office, and eventually the additional traffic fi'om the expan'ded library. He
noted the College never once discussed any uses of the campus with:_the residents of
Saratoga. Mr. Schwartz commented that if a stadium is built, it must be disclosed if there is
a decrease in profit on the sale of a home in the neighborhood surrounding:the College. He
urged the City Council to .file an appeal. :5
Herb Radding, 14050 Chester Avenue, suggested the stadium be built at Mission College
and not.at West Valley~ He strongly urged the City Council to stop any and all efforts to
build a stadium. :
.Hank Nothhaft, 14563 Fruitvale Avenue, noted at first the stadium maY be used for sporting
events, but eventually will end up being another music venue. Mr. Nothhafi pointed out that
people drive very fast on the surrounding street at the College, and the Sheriffs' Department
is not enforcing the speed limits. Mr. Northafi urged the City Council to file an appeal.
Sam Araki; 19825 Douglas Lane, thanked the City Council for allowing him to speak
tonight. Mr. Araki explained he has only lived in Saratoga for two (2) years and didn't fully
understand the background of the College until recently. He stated he has learned that
'historically the College has never responded to the surrounding neighborhood concerns.
Mr. Araki urged the City Council to file an appeal.
Councilmember Baker suggested the City Attorney give a brief summary oi' what has been
transpiring at West Valley College.
Richard Taylor, City Attorney, explained that years ago when the College District built
West Valley College they entered a conditional use permit agreement with the City of
Saratoga. The permit explicitly provided that there would be no stadium. At the time the
City said they would object to the college coming to Saratoga if a stadium was built. Mr.
Taylor noted a few years later the community.passed a "no stadium" initiative.
Mr. Taylor explained the College decided to build a stadium and found a provision in state
law that allows all educational facilities to exempt themselves from local zoning ordinances
for educational facilities. This forced the residents of Saratoga to go to their legislature and
the legislature passed a law that prohibits schools to be exempt for non-educational
purposes.
Mr. Taylor explained the College is now claiming the stadium is an educational facility and
passed a resolution. The City took the District to court and argued that the District had
signed an agreement saying a stadium would never be built. Mr. Taylor stated the District
responded that it wasn't a contract but just a permit and the judge sided with the District.
The.second issue in which the College argued, is that a stadium would be an essential part of
its educational facility and said the legislation itself did not specifically say "no stadiums"
but said "non-educational facilities". The judge once again sided with the District.
Victor Monia, Granite Way, noted Saratoga residents have usually had a good working
relationship with the City Council and hope they can all work together to beat West Valley
College. Mr. Monia suggested getting together again and discuss the different strategies for
handling the College. Mr. Monia noted the surrounding neighborhoods have already raised
$10,000.00 for..the:cause.
Vice-Mayor Mehaffey requested a show of hands of how many other families .besides the
fifteen people that spoke were present tonight were opposed of a stadium at West Valley
College.
The record shows fourteen (14) people raised their hand.
Vice-Mayor Mehaffey thanked everyone for the comments and for a,ttendi.ng tonight's
meeting.
Mr. Monia asked howwill they know if any action will be taken.
Vice Mayor Mehaffey noted if the Council makes a reportable decision it would be
announced at th'e end of the closed session.
Councilmember Baker suggested making an announcement in the beginning of the
December 12, 2000 City Council meeting.
Vice Mayor Mehaffey declared a ten-minute recess at 8:05 p.m.
Vice Mayor Mehaffey reconvened the meeting at 8:15 p.m..
ADJOURN TO CLOSED SESSION - 8:15 P.M.
4
CLOSED SESSION
Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)).
Name of Case: City of Saratoga v. West Valley College
Santa Clara County Superior Court (No. Doc. CIV756340).
OPEN SESSION
MAYOR'S REPORT ON CLOSED SESSION
The City Council directed the City Attorney to appeal the Superior Court's decision in t he
City of Saratoga v. West Valley College (Santa Clara County Superior Court No. Doc..
CIV756340).
ADJOURNMENT
Vice Mayor Mehaffey adjourned the meeting at 8:50 p.m.
Respectfully submitted,
Cathleen Boyer, City Clerk
City of Saratoga
SARATOGA CITY COUNCIL
/
MEETING DATE: December 12, 2000 AGENiA ITEM:
!
DEPARTMENT: Community Development CITY MANAGER:
PREPARED BY:
, ) · DEPT HEAD:
SUBJECT: Adoption of the City's General Plan Circulation andScenic Highway Element.
RECOMMENDED ACTION:
Approve the attached Resolution adopting the Circulati. ~n and Scenic Highway Element and the
environmental Negative Declaration. /
REPORT SUMMARY:
Community Development Department staff has updat d the Circulation and Scenic Highway
Element of the City's General Plan. This document,lwill act as the City's long-range traffic
management plan. It was last updated in 1983. The u~date is intended to assess existing traffic
conditions and to develop a goals and policies documtent/ to address changed conditions. An
environmental initial study and subsequent Negative I)eclaration have been prepared for this
project pursuant to the California Environmental Qua. llity Act guidelines. The initial study
concludes that the Element update will not result in signifilcant adverse impacts on the environment.
1
When the Circulation and Scenic Highway Element was presented to the City Council at the
October 4, 2000 meeting, the Council directed staff to plrovide a final version of the document to
the Saratoga Library and to post it on the City's website,I to provide the community with one last
opportunity to review the document before it was adopted.~ Staff replaced the draft copies at the
library with the final version and the entire document! with graphics, replaced the draft copy
posted on the City's website. This was completed within~ a few days of the October 4 meeting.
Attached now is the final final docum t hTM' ~
· - en, w lcn Incorporates trail advocate Teri Baron's
comments on the equestrian trails sections of the document and Council member Ann
Waltonsmith's suggested Highway 85 language. Staff has again replaced the Saratoga Library
reference desk Circulation and Scenic Highway Elemlent copies with this latest version and
updated the City's website. /
A Resolution to adopt the Circulation and ScenicH!g' hway Element and the environmental
Negative Declaration is attached. Final versions of the Circulation and Scenic Highway Element
were distributed to Council members on November 27, 2 000.
FISCAL IMPACTS:
None at this time. Specific Circulation and Scenic Highway Element policies may result in
capital project funding decisions in the future.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Circulation and Scenic Highway Element update would not be adopted and the current Element
would remain in effect.
ALTERNATIVE ACTION:
Not applicable.
FOLLOW UP ACTION:
Not applicable.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the proposed General Plan amendment and Circulation and Scenic Highway Element
update and the environmental Negative Declaration has been published in the Saratoga News and
has been mailed to all adjoining jurisdictions, all regional traffic management agencies, all local
service providers and the State Office of Planning and Research. OPR serves as the regional
clearinghouse to further distribute notification of the project to interested agencies.
In addition to this noticing, announcements were mailed to subscribers of the City Council and
Planning Commission agendas, homeowners associations, all City Commissioners, community
and business groups, school .boards and clergy. Several articles and News Brief announcements
have also been published in the Saratoga News for this project since last Fall. Lastly, an
announcement was mailed to every household in Saratoga via the City's newsletter encouraging
residents to attend the September 20, 2000 City Council meeting and to share their comments.
ATTACHMENTS:
1. Approval Resolution
2 of 2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
ADOPTING A NEGATIVE DECLARATION AND
CIRCULATION AND SCENIC HIGHWAY ELEMENT UPDATE
II.
III.
IV.
Vo
VI.
WHEREAS, the City of Saratoga' initiated consideration of a 'General Plan
Amendment to adopt the Circulation and Scenic Highway Element Update
(referred to hereinafter as the."Project") in 1999.
WHEREAS, an Initial. Study and proposed Negative Declaration ("IS/ND") was
prepared for the Project by the City of Saratoga, pursuant to the requirements of
the California Environmental Quality Act (CEQA, Public Resources Code sections
21000-21177), CEQA Guidelines, and City CEQA requirements.
WHEREAS, the IS/ND was circulated fo[ public review period beginning on May_
17, 2000 and ending on September 20, 2000.
WHEREAS, the IS/ND indicates that no significant adverse environmental
impacts ~vill result from the Project.
WHEREAS, on July 26, 2000 the Planning Commission at a duly noticed public
meeting considered the' adequacy of the IS/ND including all oral and written
comments and the staff recommendation for approval of the IS/ND. The Planning
Commission revi'ewed and considered the information in the IS/ND,
· administrative record, and Staff Reports for completeness and compliance with
CEQA, the CEQA Gu_idelines, and City CEQA requirements. The .Planning
Commission unanimously recommended to the City Council adoption of the
IS/ND for the Project..
WHEREAS, the 'proposed CirculatiOn and Scenic Highway Element Update .was'
considered by the City of Saratoga Public Safety Commission at duly noticed
Page 1 of 4
Resolution No.
VII.
VIII.
IX.
public meetings held April 13, 2000 and May 11, 2000. On May 11, 2000 the
Public Safety Commission recommended approval of the Ciiculation and Scenic
Highway Element Update to the City Council.
WHEREAS, the proposed Circulation and Scenic Highway Element Update was
considered by the City of Saratoga Planning Commission at a duly noticed public
heating held May 24, 2000 and at duly noticed public meetings held May 16,
2000, June 14, 2000 and July 26, 2000. On July 26, 2000 the Planning
Commission unanimously recommended approval of the Circulation and Scenic
Highway Element Update to the City Council.
WHEREAS, on September 20, 2000 the City Council held a duly noticed public
meeting and on October 4, 2000 the City Council conducted a duly noticed public
hearing and on November 15, 2000 the City Council conducted a duly noticed
>ublic heating on the adequacy of the IS/ND and on the Circulation and Scenic
Highway Element Update at which oral and written comments as well as Public
Safety Commission, Planning Commission and staff recommendations were
presented to the City Council. The City Council reviewed and considered the
information in the IS/ND, administrative record, and Staff Reports for
· completeness and compliance with CEQA, the CEQA Guidelines, and City CEQA
requirements.
THEREFORE, BE IT RESOLVED that the City Council hereby makes the
following findings:
Notice of all Planning Commission and City Council hearings on the IS/ND
and the Circulation and Scenic Highway Element Update ("Project") was
given as required by law and the actions were conducted pursuant to
CEQA, the CEQA Guidelines, and local City .requirements; and
o
All Interested Parties desiring to comment on the IS/ND and Project were
given the opportunity to submit oral and written comments prior to this
action by the City. Council; and
All comments raised during the public comment period and at the public
-hearings on the IS/ND and Project were responded to adequately; and
Page 2 of 4
Resolution No.
Xo
XI'.
o
No new or substantial changes t° the Project and/or.to the IS/ND .are
proposed as a result of the public comment process; and
o
The citY.Council was presented with and has revieWed all of the
information in the administrative record; and,
o
The IS/ND has been completed in compliance with the intent and
requirements of'CEQA, CEQA Guidelines, and the City's CEQA
requirements, and the IS/ND represents the City Council's independent
judgment.. The City Council has considered the information contained in
the IS/ND and the record in considering the PrOject and related actions; and
o
Based on the entire record of this matter, there is no evidence that the
.Project will have a significant effect on the environment; and
o
The documents constituting the record of proceedings 'upon which this City
Council's decision is based are located in the City of Saratoga DePartment
of Community DeVelopment and are maintained by the Director of that
Department.
The City Council has made no major modifications to the General Plan
Amendment recommended by the Planning Commission.
BE IT FURTHER RESOLVED that the City Council hereby adopts the Negative
Declaration attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council hereby adopts the
Circulation and Scenic Highway Element attached hereto as Exhibit B to replace
in its entirety the Circulation and Scenic Highway Element appearing at pages 3-6
through 3-23 of the City of Saratoga General Plan. The goals, policies, and
implementation measures set forth in section VI of the Circulation and Scenic
Highway Element attached hereto are hereby adopted as goals, policies, and
implementation measures of the. CitY of Saratoga General Plan.
Page 3 of 4
Resolution No.
PASSED AND ADOPTED by the City Council of the City of
Saratoga, State of California, this 12th day of December 2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Attachments
Attachment A:
Attachment B'
Negative Declaration
Circulation and Scenic Highway Element Update
Page 4 of 4
Resolution' No.
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY: ff]~,~
SUBJECT: Legislative Consultant Contract
RECOMMENDED ACTION(S):
Authorize the Mayor to execute a contract with Joe A. Gonsalves & Son to represent the City's
legislative interests.
REPORT SUMMARY:
On April 4, 2000,' the City of Saratoga contracted with Gonsalves & Son (Gonsalves) to provide
services in the areas of legislative advocacy and governmental affairs. The City was 'particularly
interested in the passage of SB 1883 and the assistance Gonsalves could provide'in that matter.
SB 1883 was approved by the State Legislature and signed by the Governor in September. In the
interest' of fiscal control, the city ceased the services of the firm, effective November 3'0, 2000.
During the November 15th City Council meeting, staff was directed to discuss with Gonsalves
the details 'of the services which the firm could provide, and to return with a recommendation as
to whether to retain Gonsalves as a legislative consultant.
The. citY's experience 'with Gonsalves has been positive. The firm has been . supportive ~ and
professional, and the'services provided by Golsalves related to SB 1883-were.invaluable and
could not have been performed by City Staff The Gonsalves firm also provides routine
legislative advocacy on an ongoing basis to their clients, all of which are small cities. If the City
has a special interest in a particular piece of legislation, Gon. salves will work with the City-and
represent the City'.s interest with the legislators. They also assist their clients in 6btaining grant~.
Contracting·. with Gohsalves will 'provide an opportunity for the City to continue an active
legislative agenda, including permanent resolution of the TEA issue and pursuit of grant funding
opportunities in a year of significant budget surpluses. Given the volatile legislative dynamiCs of
the recent past affecting all California cities and the lack of progress made by the League of
California Cities on interests vital to'small cities, professional legislative representation for the
City of S~atoga should be seriously considered.
Enclosed is correspondence from Golvalves written in response to the City request for further
information, and a contract authorizing Gonsalves to. represent the City's legislative interests.
FISCAL IMPACTS:
Gonsalves' standard retainer is $3,000 per month. Funds have been appropriated in the Fiscal
Year 2000-01 budget for this expense.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City would rely upon City staff to monitor State legislative actions. Without professional
representation, the City may forgo the opportunity to fully pursue legislation that is of concern to
the City, or miss an opportunity to apply for state grants.
ALTERNATIVE ACTION(S):
Formalize a legislative program utilizing City staff for routine monitoring and actions, and
contract with a legislative consultant for one-time special purpose legislation.
FOLLOW UP ACTION(S):
Execute the contract and distribute it to all parties.
ADVERTISING, NOTICING AND pUBLIC cONTACT:
Nothing additional.
ATTACHMENTS:
ATTACHMENT A- Letter from Anthony GoNalves, including list of funding for Gonsalves'
clients included in the 2000State budget,, and a sample weekly report
ATTACHMENT B -. Draft Agreement between Gonsalves and the City of Saratoga
C: [My Documents[CouncilRpt2.DOC 2 of 2
Joe ^. Go lv¢
925 L ST. · SUITE 250 · SACRAMENTO, CA 95814-3704
,~916 · 441-0597 · · ° FAX 916 · 441-5061
2 2 ~0:~0
November 21,2000
Mr.' .Dave Anderson, City Manager
City'of'Saratoga ~ - ·
13777 Fruitvale Avenue, ..-
Saratoga., CA' 95070'5199
Dear Mr: AndersOn: ".
As requested, I have enclosed a proposal introducing you to our firm.
My father wasa .member of the .State'Assembly from 1962 through 1974. He had.
16 .years'of public service, including two years as the Mayor of the city. of Dairy
Valley; - which is:now the.city of'Cerritos. Then in 1975 he started his lobbying
business; '" ~'.' ', ': ---
I j~ined the firm in January of 1977. I was previously employed for a year and one-
half by the California State Senate. Shortly after I joined the firm, we incorporated;
and ~we.are now known as. Joe A. Gonsalves & Son.
In December of 1998 my son, Jason,.'joined the firm to assist Us with our. lObbying
efforts. That gave .our firm the proud distinction .of being, the first .to have three
generations of legislative advocates working on behalf of their clients.
We have three very capable assistants~ and our office, has taken advantage of all
the latest technology, which includes computers, Internet and E-mail. We have
contracts with State Net, Comcast.Cable, and the State of Califomia for a complete
bill service. 'These services, provide us with up-to-date legislative information.
Therefore, we are able to monitor all committee hearings held at the State Capitol
,,.'from our office:'by audio .or visual means as they occur, which benefits the clients
.- we represent. ~. .. :
I'have enclosed a list of oUr present clients. As you can see, we do rePresent a
large number of cities. We believe the reason our cities' client list has grOwn over
the years is our ability to provide the desired service.
ATTACHMENT A
Mr. Dave Anderson, City Manager
November 21, 2000
Page 2
I have also enclosed an article about our firm that ran in the May 24, 1999 issue of
The Sacramento Bee Newspaper, and various other~articles and letters, I thought
might be of interest to you.
We also represent a very distinguished group of clients other than cities. For
example, the Del Mar Thoroughbred Club, operating the most successful race meet
in the United States. Aisc, the Port of'Long .Beach, the number one port in the
United States, doing more container movement than any other port. We also
represent the California Producer-Handler Association of which Foster Farms is a
member. Foster Farms is one of the largest dairy operations in the State. I feel
-strongly that it~is this blend of special people who make us effective before the
'California Legislature.
Our firm has a long history of successfully rePresenting cities before the Califomia
Legislature. Due to our efforts, the city of Saratoga a Low Property Tax City now
receives a greater share of the Property Tax. In addition to securing the No & Low
Property tax legislation we .were able to minimize the effects'of the first year of the
ERAF shift to the No &.Low cities and in the second year of the ERAF shift we were
successful in exempting .the No & Low cites, which prompted former speaker Willie
Brown to refer to us as.the "Budget Bandits."
Even though we have a large client base of cities we have been very careful over
the years to only respond to requeSts for proposals for our service to cities that
have the same characteristics'or similar interests to the rest of our client cities. All of
our client cities are Iow property tax cities. From time to time we have been asked
to send proposals'to represent cities that are higher in proPerty tax, such as the city
of Oakland, SaCramento, and San Diego which we respectfully decline because of
the major differences of interests that'would possibly cause a conflict. We feel this
is the only way we can be effective in representing our client cities on the major
issues that come before the Legislature (i.~.:Budget Issues).
We pride ourselves on being able to deliver individual services fOr each of our client
-cities. Even though the city of Saratoga belongs to organizations such as the
.League of California Cities Association there are .issues that may only affect the city
of Saratoga that those associations can, not address on behalf of an individual city.
As you are aware SB 1883 by Senator sher is a bill we sponsored this year on
. behalf of the city of Saratoga. SB 1883 restored the eligibility of a city in Santa
Clara County to receive Tax Equity Allocation (TEA) funds subsequent to a vote of
the people reinstating, increasing or imposing a new local tax.
Mr. Dave Anderson, City Manager
November 21, 2000
Page 3
Another example this past legislative session is SB 766 which we sponsored on
behalf of the city of South Gate which allowed them to expand their Redevelopment
Agency to include a proposed school.site, which was abandoned by the Los
Angeles Unified School District without having to go through a lengthy and costly
CEQA process. ~ _.
SB 1581 by Senator Escutia is'a bill this year that we sponsored on behalf of our n°
and Iow proPerty tax cities. SB 1581 also corrects a inequity that existed in the
method of calculating the Tax Equity Allocation (TEA) Formula. For example, a no
'and' low property tax city enters into an agreement with their County to transfer .the
responsibility for any service or maintenance from the County to the City. '.With this
shift in service responsibility, a percentage of the property taxes are transferred.
from the County to the City. Under the Tax Equity Allocation Formula the County
Auditor must'deduct the amount if revenue transferred for the additional service'
responsibilities from the City's TEA entitlement, thus redUcing the amount of
prOperty tax the .city receives. .. ~..~
SB 1581 prohibits the amount of ad valorem, property tax revenue allocated to' a
qualifying city Under the TEA-formula from being reduced on the basis of. additional'
property.tax revenues received by that city under an agreement with the County in~
which that city is located, under which service responsibilities are. exchanged in
consideration for additional property tax revenues.
We have many more examples of our work on behalf of cities including the
securing of funding for transportation, Parks, Senior Housing, etc. In addition to
sponsoring legislation on behalf of our clients, we track hundreds of bills each year.
Whenever on of our clients adopts a poSitiOn' on a particular piece of legislation we:
follow is throughOut the. ProceSs. We lobby the members of the legislature and
· provide testimony to each committee the legislation is heard in..
I have also enclosed the following documents for you review:
· A two-page summary of the projects that we were successful in securing on
behalf of'ou~'C!ientS in this year's budget. .~
A recap that we sent to all of our client cities regarding the local government
finance reform discussion that tool place this past year and our involvement in
protecting, the Bradley.Bums sales and use tax revenue for our clients.
· A list of the funding oPportunities that are available through State Department of
'HouSing and Community Development (we work very effectively through the
various state departments in order to-keep our clients apprised of the different
grant programs that may be available).
· A copy of our Annual Legislative AppreCiation Program (this is an annual dinner
that is hosted here in Sacramento by our client cities,, we are told that this dinner
draws more legislators that any other even her in Sacramento).
· A sampling if a.weekly report that we provide to our clients on a weekly basis.
Dave Anderson, Ci~ Manager
November21,2000
Page 4
I would recommend you to contact .any Legislators that you know to ask them. about
our firm. In additiOn, we encourage you to discuss our representation .with any of
our clients.
We want you 'to know that We would be most pleased to continue to represent the
city of Saratoga as your Legislative Advocates.
Enclosures
GONSALVES' CLIENTS
'FUNDING CONTAINED IN 2000 BUDGET
Bellflower
City / Parks and
Recreation
Bellflower and North
Bellflower Little League
Fund YMCA/Teen Center
Thompson Park, Simms, Caruther Parks,
rehabilitation, and joint use sports facility
$250,000
315,000
Camarillo
Camarillo Ranch
Foundation
Restoration, preservation and Maintenance of
Camarillo Ranch
493,000
Chino'Hills
City
Department of Parks and
"Recreation
Refurbishment of the Sleepy Hollow
Community Center
Chino Hills and Citrus State Historic Park
Visitor Center
250,000
~2,600,000
Diamond Bar
City / california
Department of Corrections
Parole Division Historical Exhibit
50,000
Fontana
City / Department of Parks
& Recreation
Hawaiian Gardens
750,000
center City park acquisition
City / Parks and Build new Recreation Facility to met ADA
Recreation requirements 235,000
Irwindale Irwindale Community
Center Repair courtyard and patio 150,000
La Mirada Performing & Cultural Arts Center 400,000
City
City
Laguna Hills Display items of local paleontological
importance 150,000
Lakewood City Mae Boyar Park Improvements. 500,000
City / Parks and
.. Recreation Renovation of Mae Boyer Park 375,000
'Norwalk :' City Route 5: improve Carmenita Road
interchange in Norwalk 71,000,000
Palmdale
City
City of Palmdale
City of Palmdale
Urban Forestry Tree Planting Project
PONY League Operated - Youth baseball_
facility improvements .
Replacement of playground equipment at
Courson, Manzanita and Pelona Vista Parks
200,000
500,000
100,000
Pittsburg
Port of Long Beach
Pittsburg Historical
Society
Project 44
Project 45
Project 54
.Project 55
Restoration of Old Post Dispatch Building
250,000
Route 47 Terminal Island Freeway; construct '
interchange at Ocean Blvd Overpass in the city .,~ . .'
of Long Beach in LA County 18,400,000
Route 710; complete Gateway Corridor Study,
LA/Long Beach ports to Route 5 in LA County .:
,.. 2,000,000
Alameda Corridor East; build grade ....
separations of BNSF and UPRR lines, "
downtown LA to LA County line in LA County 150,000,000
Alameda Corridor East; build grade
separations of BNSF and UPRR lines, LA. - '..'
County line to Colton, with rail-to-rail
separation at Colton in San Bernardino COunty
· 95,000,000
Redding
City of Redding / Parks &
Recreation'
City of Redding
City of Redding
Construction of a recreation and sports
complex 3,000,000
Expansion of bike and walk trail along the
Sacramento River 3,000
Infrastructure improvements and field
improvements'for historic Tiger Field 500,000
GONSALVES' CLIENTS
FUNDING CONTAINED IN 2000 BUDGET
Rosemead City / MERCI Inc.
..City of Rosemead
San Buenaventura
Ventura County Air
Pollution Control District
City / Parks and
Recreation
DPR (City of San
Buenaventura)
Ventura County Library
Visalia
City / CA Arts Council
replacement of kitchen and restroom sinks to
meet requirements of Americans with
Disabilities Act.
The Boys and Girls Club to upgrade their
facilities which include new PCs, refurbishing
extra curricular room and replacement of
athletic equipment
5,000
5,000
Provide incentives for installation of natural
gas fueling facilities to participate in the
proposed diesel .school bus replacement
program
300,000.
East Ventura Park
250,000
Ventura State Beach improvements
2,000
69,000
Arts Visalia Center
50,000
2
SAFIPLE
I /EEI(L¥ REPORT
PROVIDED TO ( OgSALVES CLIEgTS
November 21,2000
William 'NOrton
City of Saratoga
13777 Fruitvale Avenue.
,Saratoga, CA 95070
Dear Bill:
· .Following for~ your review is.your status report for all the bills we followed during the '1999-
2000 LegiSlatiVe Session.
The Governor has until September 30, 2000,. to take action on all bills before him for
consideration.
CA AB 1
396 AUTHOR: Aroner et al
TITLEi Local Government Finance
INTRODUCED: 02/26/1999 URGENCY
LAST AMEND;_08/28/2000
LOCATION; Enrolled
SUMMARY:. -'
Relates to existing ProPerty tax law which requires the county
auditor, in each fiscal year, to allocate property tax revenue
to local jurisdictions in accordance with specified formulas and
procedures. Appropriates funds with reference to these
allocations and transfer provisions, for local fiscal relief.
STATUS:
08/31/2000 In ASSEMBLY. Urgency Clause adopted. CONFERENCE
Committee report adopted by ASSEMBLY.
08/31/2000 In SENATE. Urgency clause adopted. CONFERENCE
Committee report adopted by SENATE. To enrollment.
08/31/2000 Enrolled.
CAAB 2838 AUTHOR: Hertzberg
TITLE: Local Agency Formation Commissions
INTRODUCED: 02/28/2000 FISCAL
LASTAMEND: 08/29/2000
LOCATION: To enrollment
SUMMARY:,
Deletes references in the Cortese-Knox Local Government
Reorganization Act concerning the local agency formation
commission: Transfers dutieS of the conducting authority to the
local agency formation commission when reviewing proposals for
organizational, changes of cities and districts. Requires public
hearings and written notice for certain school district
reorganization plans..Authorizes certain city annexations. ·
Relates to' city~, influenceover redevelopment projects.
STATUS:
08/31/2000 In ASSEMBLY. ASSEMBLY concurred in SENATE
amendments. To enrollment.
CASB 165 AUTHOR: Alarcon et al
TITEE: Local Government Finance: Special TaXes
INTRODUCED: 01/11/1999
LAST AMEND: 08/14/2000
LOCATION: To Governor
SUMMARY:
Enacts the Local AgencY Special Tax and Bond Accountability Act.
Requires that any local special tax measure subject to voter
approval'contain a statement indicating the specific purposes of
the special tax. Requires that the proceeds of the special tax
be applied to those purposes. Requires the creation of an
account fund into which the proceeds shall be deposited.
STATUS:
09/12/2000 *****To GOVERNOR.
CASB756 AUTHOR: Chesbro
TITLE: Taxation
INTRODUCED: 02/24/1999
. LAST AMEND:.05/31/2000
LOCATION: Conference Committee
SUMMARY:
Relates to existing law which· imposes various taxes with respect
to, among other things, specified transactions, persons and
entities, and property. Declares the intent of the Legislature
to convene a conference committee on taxation.
STATUS:
06/12/2000 In SENATE. SENATE refused to Concur in ASSEMBLY
amendments. *****To CONFERENCE Committee.
CA SB 1277 AUTHOR: Hayden
TITLE: State Property: roads construction & improvements
II~TRODUCED: 02/26/1999 FISCAL
LAST AMEND: 07/15/1999
LOCATION.: . Assembly Water, Parks, and Wildlife
Committee
SUMMARYi
Prohibits a state or local agency for constructing, or approving
of'the constrUction of any public road that substantially
increases vehicular traffic capacity, in or through any property
under the jurisdiction of the Department of Parks and Recreation
regardless of.whether the property is held in fee simple, is
leased, or is otherwise, preserved under a conservation easement.
STATUS:
08/08/2000 In ASSEMBLY Committee on WATER, pARKs AND WILDLIFE:
Failed passage.
CA SB
1874 AUTHOR: Polanco
TITLE: Online Campaign Disclosure
INTRODUCED: 02/24/2000
LAST AMEND: 08/18/2000 "
LOCATION: Enrolled
URGENCY
SUMMARY~.'
ReqUires electronic filing processes to enable a user to comply
with all of the disclosure requirements of the Political Reform
Act of 1974, including a system that allows filers to complete
required filings that can be accessed free of charge on the
Secretary of State's Web site, and. software distributed free of
charge by the Secretary of State that conforms to the disclosure
requirements of the Political Reform Act of 1974.
STATUS:
08/31/2000 In SENATE. Urgency clauseadopted. SENATE
concurred in ASSEMBLY amendments. To enrollment.
08/31/2000 Enrolled.
CASB 1883 AUTHOR: Sher
TITLE: Property Taxation:Revenue Allocation
INTRODUCED: 02/24/2000
ENACTED: 09/12/2000
CHAPTER: 419
SUMMARy:
Requires for the coUnty of Santa Clara only, that the amount of
revenue allocated to a city pursuant to the Tax Equity'
Allocation formula be reduced by the net of the amount of tax
revenue that is no longer collected by a qualifying city in the
rate or base of lOcal tax that was first imposed and the
additional amount of tax revenue collected by a qualifying city
· in the fiscal year following that city's increase in the rate or
base of local general or special tax.
STATUS:
09/12/2000 Chaptered by secretarYof State. Chapter No,419
CASB 1982 AUTHOR: Alpert
TITLE: Local Government Finance: Reform
INTRODUCED: 02/25/2000
LAST AMEND: 05/09/2000
LOCATION: ASSEMBLY
S'UMMARY:
Makes legislative findings and declarations with respect to the
fiscal difficulties of local governments, and declare the intent
of the legislature to address local governments issues
involving, among other things, property tax revenue allocations,
state mandated local programs, and the consideration of all
local 'gOvernment revenue sources in reforming the' fiscal
relationshiP between the state and-local governments.
STATUS: '.
05/18/2000 'In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY.
CA.SB 2000 AUTHOR: Polanco
TITLE:· Local·Government
INTRODUCED: 02/25/2000
LAST AMEND: 05/09/2000
LOCATION: ASSEMBLY
SUMMARY:
· Declares the intent of the legislature with respect to local
government, including identifying stable and reliable revenue
soUrces, delivering vital, services, mitigating.state mandated
local costs, recommending land use policies, considering all
local revenue sources in reforming fiscal relationships, and
imprOVing' the efficiency and effectiveness of government
programs.
STATUS:
05/18/2000 In SENATE. Read third time. Passed SENATE.
*****To ASSEMBLY. '
'END OF'REPORT -
I Will send you a copy of the chaptered bills Or veto messages, as this information
· becomes~ available.
Sincerely,"-.
If you have any questions or comments, please not hesitate to call.
ANTHONY D. GONSALVES
ADG:rm
AGREEMENT
BETWEEN JOE A. GONSALVES & SON
AND THE C[-I-Y OF SARATOGA
The CITY: of SARATOGA ('CITY"),wishes to engage the services of JOE A.
GONSALVES & SON, 925 .L Street, Suite 250, Sacramento, California, to provide
services in legislative advocacy and governmental affairs in.matters affecting cities
in California.
The purpose of this Agreement is. to state .the terms and conditions under
which JOE A. GONSALVES & SON will provide services to the client, the CITY of
SARATOGA.
The Te~ms and cOnditions of this Agreement are as 'follows:
.1. ]OE.A. GONSALVES & SON Shall review all bills introduced
in the California Legislature and inform the C1TY of all such
legislation affecting.the CTi'Y'S interest and forward weekly a
.. '-' copy of all such bills to the CITY.
2. · The CITY shall review and analyze all such bills and' inform
.1OE A. GONSALVES & SON, in writing, of CITY'S position.
3. .1OE A. GONSALVES & SON shall act in an independent
capacity and not as officers, employees or agents of the
CITY and shall be deemed' an independent contractor for all
purposes.
4.' JOE A. GONSALVES & SON shall at all times perform
duties customarily performed by legislative advocates and
g~vernmental affairs representatives On behalf of the CITY
to the beSt of th.eir"abilities, experience, and talents and shall
comply with all laws' applicable to performance of the work
' hereunder. This Agreement' is not assignable either in whole
or in part withoUt, e. xpress written consent of the CITY.
o
The term Of this. Agreement. shall Commence on the __
day of~, 2001, and shall continUe in full force and
effect until 'terminated by a thirty (30) day written notice from
either Party to the other. Notice of termination under this
Agreement shall be given to the CITY by certified mail to
ATTACHMENT B
10.
13777 Fruitvale Avenue, Saratoga, CA 95070, or to ]OE
A. GONSALVES & SON at 925 L Street, Suite 250,
Sacramento, California 95814.
The CITY shall pay to JOE A. GONSAi,VES & SON the
monthly sum of $3,000 payable in advance on the first day of
each month. .'
The C~I-Y shall reimburse JOE A. GONSALVEs & SON only
for travel and other expenses directly related to a request by
the CI-FY for JOE A. GONSALVES & SON to participate in
any meetings or activities outside of Sacramento.
The parties shall make a good faith effort to settle any
dispute or claim arising under this Agreement. :If the parties
fail to resolve such disputes or claims, they shall submit
them to nonbinding mediation in California. If mediation
does not arrive at a satisfactory result, arbitration, if agreed
to. by all parties, or litigation may be pursued. In the event
any of these.dispute resolution processes are involved, each
party shall bear its own costs and attorneys fees.
.]OE A. GONSALVES & SON shall indemnify, defend and
hold harmless the C~-Y, its officers, officials, directors,
' employees and agents from and against any or all loss,
liability, expense, claim, costs (including costs of defense),
suits, and damages of every kind, nature and description
directly or indi.r_.~:tly arising from the.:.performance of the
work. T~i~-~paragraph;'shall not be construed to ~xemPt the"
C:[-I-Y, its employees and officers from its own fraud, willful
injury or violation of law whether willful or negligent.
JOE A. GONSALVES & SON warrants that, to the best of their
knowledge and belief, there are no relevant facts or
circumstances which could give rise to a conflict of interest, or
that they have already disclosed all such relevant information.
'JOE A. GONSALVES & SON agrees that if an actual or
potential conflict of interest is discovered after award, a full
disclosure will be made in writing to the C1TY. This disclosure
shall include'a description of actions which JOE A.
GONSALVES & SON has taken or proposes to take, after
consultation with the C1TY to avoid, mitigate, or neutralize the
actual or. potential conflict. Within 45 days, all necessary st. eps
to avoid~ mitigate, or neutralize 'the Conflict of interest shall '. .
have been taken to the satisfaction of the CITY.
11.
The Agreement shall be governed by the laws of the State of
California. It constitutes the entire Agreement between parties
regarding its subject matter. If any provision in this
Agreement is held by any court to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless
continue in full force.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
as follows:
.1OE A. GONSALVES &SON
Date: BY
THE CITY OF SARATOGA,
A MUNICIPAL CORPORATION
DATE D:
A-I-FEST:
BY
City Clerk
MEETING DATE:
SARATOGA CITY COUNCIL.
December 12, 2000 AGENDA ITEM:
10A
ORIGINATING~,,EPT: City ~r CITY MANAGER:
PREPARED B~PT HEAD: '
SUBJECT: Presentation on Highway, 85 - Noise Mitigation Project
RECOMMENDED ACTION:
Accept oral report by Mike Evanhoe/Valley Transportation Agency and direct staff accordingly.
REPORT SUMMARY:
Mike Evanhoe/VTA will make a. presentation to the City Council regarding the status on
Highway 85 Noise Mitigation Project.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE .ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
None
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
ORIGINATING ~DEPT: City Manager
PREPARED BY! ~(~ ~~
CITY MANAGER:
DEPT HEAD:
SUBJECT: Council Master Meeting Calendar for 2001
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
Attached is the proposed calendar for your review and comments.
The Library Commission's Joint Meeting with the City Council was cancelled in October 2000.
Therefore, the Library Commission has requested to meet with the City Council in February
instead of April. Moving the Public Safety Commission, Sheriff, and Fire Districts to April and
in turn moving the Library and Finance Commission to February can accomplish this.
Also, the date for City Council annual retreat needs to be set. Two possible dates have been
suggested; May 12 or May 19, 2001.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
There will be no Council Meeting schedule for next year.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTIONS:
Provide copies to all parties on the schedule; notify KSAR and update website.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Calendar
2 of 3
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR FOR 2001
1/3
1/17
1/23
2/7
2/13
2/21
3/7
3/21
3/27
4/4
4/18
4/23
5/2
5/8
5/16
5/12 or 5/19
6/6
6/20
7/4
7/18
8/1
8/15
9/5
9/19
10/3
10/17
Regular Meeting
Regular Meeting - City Manager & City Attorney Evaluation
Adjourned Meeting- Planning Commission, Heritage Preservation Commission
Regular Meeting
Adjourned Meeting-Public Safety Commission, Sheriff, Fire Districts
Regular Meeting
Regular Meeting
Regular Meeting
Adjourned Meeting- Parks and Recreation Commission, SASCC
Regular Meeting
Regular Meeting
Adjourned Meeting-Finance Commission, Library Commission
Regular Meeting
Adjourned Meeting-Youth Commission, Chamber of Commerce, SBDC
Regular Meeting
Council Retreat
Regular Meeting
Regular Meeting
Regular Meeting - Cancelled (Holiday)
Regular Meeting
No Meeting - Summer Recess
Regular Meeting - City Manager Evaluation
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Page 1 of 2
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR FOR 2001
11/7
11/21
12/5
12/11
12/19
Regular Meeting
Regular Meeting
Regular Meeting
Adjourned Meeting-Council Reorganization
Regular Meeting
Page 2 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM: 1\a
a
ORIGINATING : PT: City Mtn ger CITY MANAGER:
PREPARED B I S AIL J. , . DEPT HEAD:
SUBJECT: Council Agency Assignments and Commission Liaisons
RECOMMENDED ACTION:
Make selections and direct staff accordingly.
REPORT SUMMARY:
On November 15, 2000, the City Council requested staff to prepare a report listing all the outside
agencies, commissions, and committees City Councilmembers are assigned to each year. It is
now appropriate to review the attached resolution (Attachment C) and submit assignment
preferences to the Mayor. The Mayor will then make appointments, which will be brought back
to the City Council on January 3, 2000, in the form of a resolution. For your convenience,
attached is an informational list (Attachment A) about the various agencies (some of the meeting
dates listed may have changed) and a meeting date matrix (Attachment B), for your reference.
Also on September 7, 1999, Council selected Council liaisons to the various City Commissions.
Below is a list of those Commissions with the current corresponding Council liaisons for your
review.
Standing Commissions:
Planning Commission Councilmember Baker
Parks and Recreation Commission Councilmember Streit
Finance Commission Vice Mayor Mehaffey
Library Commission Mayor Bogosian
Public Safety Commission Mayor Bogosian
Heritage Preservation Commission Councilmember Waltonsmith
Youth Commission Councilmember Waltonsmith
Other Commissions/Committees
Gateway Task Force Vice mayor Mehaffey
Library Expansion Committee Mayor Bogosian
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Council representatives to various agencies and Council liaison to various Commissions will
remain the same.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Disseminate information to various agencies and Commissions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENT:
Attachment A - Informational list of various agencies
Attachment B -Date of various City Commissions
Attachment C—Resolution 99-71
2 of 3
Saratoga City Council Committee/Agency Information Sheet
Association of Bay Area Government(ABAG) -ABAG is the Regional Planning
Agency for the nine County Bay Areas. Executive Board meetings are held quarterly,
however a representative appointed by the Santa Clara Cities Association represents
Saratoga along with other cities in Santa Clara County. The only meeting a
Councilmember may actually need to attend is the annual General Assembly held in
Oakland in the spring, date and time to be announced.
Saratoga Chamber of Commerce -Both the Mayor and City Manager serve as ex-
officio members of the Chamber of Commerce Board. In 2001, meetings will be held on
the fourth Wednesday of every month at 6:00 p.m. generally at Villa Fatima meeting
room on Saratoga-Los Gatos Road.
Santa Clara County Cities Association Legislative Task Force - The Task Force is an
advisory body to the Cities Association which reviews pending state and federal
legislation for potential impacts to cities. Occasionally, the Task Force will recommend
positions for the Cities Association and individual City Councils to take on specific
legislation. The Task Force usually meets five to six times a year on the fourth Thursday
of the month at 5:30 p.m. at the Sunnyvale City Hall.
Santa Clara County Housing and Community Development(HCD) Council
Committee - The HCD Council Committee is comprised of local elected officials who
review and recommend policies and priorities concerning the County's Housing &
Community Development, and Community Development Block Grant Programs (CDGB)
to the County Board of Supervisors. The Committee's meeting schedule varies, but it
generally convenes six to eight times throughout the year at the offices of the County
Housing Authority, 505 West Julian Street, San Jose. The first meeting is schedule for
January 25, 2001 at 5:30 p.m.
Santa Clara County Emergency Planning Council (EPC) -The EPC is comprised of
City and County representatives who review and prioritize emergency planning efforts at
the countywide level. The EPC meets quarterly at the County EOC usually on the third
Thursday of the month at 12 noon.
Hakone Foundation Board -According to the Lease Agreement between the City of
Saratoga and the Hakone Foundation that was signed on October 18, 2000 two members
of the City Council will serve on Hakone Board and one member of the City Council to
serve on the Executive Committee of the Foundation. The Board meets third Monday of
every month at 8:00 p.m. at the Cultural Exchange Center in the gardens.
1 ATTACHMENT A
KSAR Community Access CATV Foundation Board - One member of the City
Council, along with the City manager,represent the City on the Community Access
Television Board. Other Board members include one Trustee from the West Valley-
Mission College District Board, one staff member from West Valley College, and three
public members who must be Saratoga residents and who are selected jointly by the four
City and College Board members. The CATV Board established policies and•priorities
for the management and operation of the local community access television station,
which are then implemented by the Community Access Coordinator. Currently, the
Board meets on the second Thursday of every month at 8:30 a.m. at City Hall.
Santa Clara County Library System Joint Powers Authority Board - Each city which
is a JPA member, along with the County,has a representative on the JPA Board. Board
members are elected officials of the JPA member agencies. The Library JPA is the
policy making and governing body of the County's library system, of which Saratoga
Community Library is a part. The Library JPA is currently meeting on a quarterly basis.
Santa Clara Water District North—Central Flood Control Zone Advisory
Committee - The Water District provides flood control activities throughout the county
via five flood control zones which fund these activities through benefit-assessments
levied against properties within each zone. The City of Saratoga is locates entirely within
the North-Central Zone of the District. Each zone is served by an advisory committee of
elected and appointed representatives of the cities within the zone. The purpose of the
advisory committee is to formulate recommendations on flood control efforts within the
zone to the Water District's Board of Directors. The North-Central FCZ Advisory
Committee generally meets four times per year in February, May, September, and
November on Wednesdays at 11:30 a.m. at the Rinconada Water Treatment Plant on
More Avenue in Los Gatos.
League of California Cities Peninsula Division - Saratoga, by virtue of its location, is
situated within the peninsula Division of the League of California Cities. The League
serves to represent the interests of all California cities by advocating public policy at both
the state and national levels. Official League policy is formulated through system of
committees, departments and divisions, the latter of which is comprised of elected
officials from each city within the division. The Peninsula Division of the League meets
on an as-needed basis, generally several times each year, at a location usually within
southern San Mateo County.
Santa Clara Valley Water District Water Commission—Similar to the Flood Control
Zone Advisory Committees, the Water District's Water Commission advises the Water
District Board on water supply issues in Santa Clara County. The Commission is mostly
made up of elected official who represent the cities within the county, although staff
members appointed by their City Councils represent some cities. The Water Commission
meets two or three times per year on Wednesday mornings at 9:00 a.m., also at the
Rinconada Water Treatment Plant in Los Gatos.
2
Santa Clara County Cities Association (City Selection Committee) - The Cities
Association serves as a forum for the 15 cities within Santa Clara County to discuss
issues of mutual concern. It is staffed by former Saratoga councilmember and mayor
Marty Clevenger,whose title is Executive Director. Each city is represented at meetings
of the Cities Association by one city councilmember, and meeting are held on the second
Thursday of every month at 7:00 p.m. at Sunnyvale City hall. Occasionally, the Cities
Association will convene as the City Selection Committee to perform certain statutory
obligations relating to the appointment of city representatives to various county and
regional bodies such as LAFCO, the Air District Board, ect.,however no additional
meeting result because of this.
Saratoga Area Senior Coordinating Council Liaison - One member of the City
Council serves as liaison to the SASCC Board to maintain open communications between
the City and SASCC. The Board meets on the third Monday every month at 9:30 a.m. at
City Hall.
Saratoga Business Development Council (SBDC)- The SBDC was conceived a couple
of years ago to serve as a forum for interested parties to discuss issues relating to
economic development and business promotion within Saratoga. Up to two members of
the City Council may attend SBDC meetings. The SBDC generally meets the fourth
Tuesday every other month at 8:00 a.m.
Saratoga Sister City Committee Liaison - One member of the City Council serve as
liaison to the Sister City Committee, which meets the first Tuesday of every month at
7:00 p.m. usually at the Community Center. The purpose of the Sister City Committee is
to plan and carry out programs and activities,which strengthen Saratoga's relationship
with its sister, city, Muko-Shi, in Japan.
West Valley Solid Waste Joint Powers Authority - Two years ago, the west valley
cities of Campbell, Los Gatos, Monte Sereno, and Saratoga formed a JPA to coordinate
efforts in carrying out solid waste collection and disposal activities, and in meeting the
mandates of AB939, the States' Integrated Waste Management Act. Because the four
cities have similar demographics and are served by the same solid waste hauler and
disposal service, a coordinated approach to solid waste management in the west valley
makes good sense. The JPA is served by an Executive Director who is a private
consultant under contract and who has considerable expertise in the field of solid waste.
One of their important functions the JPA performs each year is the establishment of solid
waste collection rates within each city. The JPA Board is composed of one
councilmember from each of the four member agencies, and is currently meeting on a
quarterly basis, dates to be determined, typically starting at 5:00 p.m. at Monte Sereno
City Hall.
3
Santa Clara Valley transportation Authority Policy Advisory Committee - The VTA
PAC is one of several standing advisory committees to the VTA Board of Directors.
Composed of elected official representing the cities through the County, the PAC makes
recommendations to the VTA Board on issues of transportation planning and
programming. The VTA PAC currently meets on the second Thursday of every month at
5:00 p.m. at the VTA offices on North First Street in San Jose.
West Valley Sanitation District—The West Valley Sanitation District is governed by a
five member board composed of one councilmember from each of the four west valley
cities, and the 4th District County Supervisor. The Board meets on the second and fourth
Wednesday of every month at 6:00 p.m. at the District's Office, 110 E Sunnyoaks
Avenue in Campbell. Board members are compensated $100 for each meeting attended.
Silicon Valley Animal Control JPA—On June 21, 2000, the City Council entered into a
Joint Powers Agreement with Santa Clara, Campbell, Cupertino, Los Gatos, Monte
Sereno, and Sunnyvale. The purpose of the agreement was to create an Authority to
provide for the member agencies to own, manage, operate and maintain facilities. The
Authority will provide animal field, sheltering,medical and dead animal pick-up services.
The Authority will be administered by a Board of Directors consisting of seven Directors
appointed by the Legislative Body of each City as follows: (2) from the City of Santa
Clara, (2) from the City of Sunnyvale, (3) Director collectively appointed by the Cities of
Campbell, Cupertino, Monte Sereno, Saratoga, and the Town of Los Gatos. The Cities of
Saratoga, Campbell, and Cupertino will represent the West Valley Cities on the Board
this year. The Board currently meets on the fourth Monday of every month either at the
City of Sunnyvale's Community Center or at the Sunnyvale Department of Public Safety.
4
( ( (
SCHEDULE OF VARIOUS CITY AND OUTSIDE AGENCY MEETINGS 13 SNaWHDVZZK
(City of Saratoga)
M onday Tuesday Wednesday Thursday Friday Ann. Qtr
1st 2"d 3'd 4th 5th 1st 2"d 3'd 4th 5`h 1st 2"d 3rd 4`h 5" 1st 2nd 3'd 4`h 5'h 1st 2nd 3'd 4th 5th
Council-Reg&Adj. 7p 7p 7p 7p
Planning Commission 7:30p 7:30p
Parks&Rec.Comm. 7:30p
Public Safety Comm. 6:30p
CH
Library Commission 7:30p
Lib.
Heritage Pres.Comm. 9a
•
WHH
Finance Commission 7p
CH
Youth Commission 7p
WHH
ABACI Oakland
Chamber of Commerce 6p
SCC Cities Assn. 5:30p Done for this yr.
(Legislative Task Force) SV Meets 5-6X/yr.
SCC Housing& 6-8x/yr.
Community l°
Development meeting
1/25
SCC Emergency Ping. 12p
CEOC
Hakone Foundation 8p
HJG CKSAR 8:30a
CH _
SCC Lib.System JPA 4x/yr
SC Valley Water Dist. Wednesdays at 1.30 pm(Feb,May Sept,Nov)
No.Central Flood Cont. in Rinconada Water Treatment Plant-LG
LOCC-Peninsula Div. I I I Dinner Meetings j
SC Vly Water Dist. Wednesdays at 12 pm in Rinconada Water 2-3X/yr
Comm. Treatment Plant-LG
SCC Cities Assn.(City 7p
Selection Committee) SV
SASCC 9:30a
CH
SBDC 8a
CH
Sister City Committee 7p
Cc
W V Solid Waste JPA 5 PM
MS
SC VTA PAC 5p
SJ
Legend: CH-City Hall;CC-Comm.Center;WHH-Warner Hutton House;Lib-Saratoga Library;HJG-Hakone Japanese Gardens;MS-Monte Serreno;SJ-San Jose;CB-Campbell;SV-Sunnyvale;CEOC-County FO(';LG-Los Gatos
( ( (
Monday Tuesday Wednesday Thursday Friday Ann. Qtr
1st 2"d 3rd 4th 5th 1st 2"d 3'd 4th 5" 1st 2"d 3rd 4th 5th 1st 2nd 3rd 4' 5th 1st 2"d 3`d 4th 5th
West Valley Sanitation 6p 6p
District CB CB
Silicon Valley Animal 5:30
Control JPA p.m
SV
- (
(
•
•
Legend: CH-City Hall;CC-Comm.Center;W HH-Watner Hutton House;Lib-Saratoga Library;HJG-Hakone Japanese Gardens;MS-Monte Serreno;SJ-San Jose;CH-Campbell;SV-Sunnyvale;CEOC-County FOC;1,6-Los Gatos
RESOLUTION NO.99-71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION NO.99-52,APPOINTING NEW COUNCIL REPRESENTATIVES
TO COMMITTEES AND AGENCIES
WHEREAS, after the appointment of Councilmember Waltonsmith to the City Council on
September 1, 1999, Resolution 99-52 was adopted appointing Council representatives to serve on various
committees,commissions and agencies;
WHEREAS, on December 1, 1999, the City Council reorganized and nominated Stan Bogosian as
Mayor and John Mehaffey as Vice Mayor;
WHEREAS, it is appropriate at this time to amend Resolution 99-52 to reflect the current City
Council appointments to the various committees,commissions and agencies;
NOW,THEREFORE,BE IT RESOLVED that after due consideration of the interest of the City and
the needs of the various organizations to which the City Council sends representatives, the following
representatives are hereby appointed to the committees,commissions and agencies named,through December
2000,or until replaced.
Agency Councilmember Alternate
Asso.of Bay Area Governments Mehaffey Streit
Chamber of Commerce Board Bogosian Waltonsmith
County Cities Assn.Leg.Task Force Streit Baker
County HCD Policy Committee Bogosian Waltonsmith
Emergency Planning Council Baker Waltonsmith
Hakone Foundation Liaison Bogosian Mehaffey
KSAR Community Access TV Board Bogosian Baker
Library Joint Powers Agency Mehaffey Streit
No.Central Flood Control Zone Adv.Bd. Waltonsmith Mehaffey
Penin.Div.,League of Ca.Cities Streit Mehaffey
Santa Clara Valley Water Comm. Streit Baker
Santa Clara County Cities Association/
City Selection Committee Baker Waltonsmith
SASCC Liaison Waltonsmith Bogosian
Saratoga Business Dev.Council Mehaffey Waltonsmith
Sister City Liaison Bogosian Mehaffey
West Valley Solid Waste JPA Streit Baker
Valley Transportation Authority PAC Waltonsmith Mehaffey
West Valley Sanitation District Baker Mehaffey
The above and foregoing Resolution was passed and adopted by the Saratoga City Council at a meeting held
on the 7th day of December 1999 by the following vote:
AYES: Councilmembers Waltonsmith, Baker, Streit, Mehaffey, Mayor Bogosian
NOES: None
ABSTAIN: None
ABSENT: None
St Bogosian, ayor
ATTEST:
Eitref.-44,4-Ca-41-c-ON
Susan A.Ramos, MC,City Clerk
ATTACHMENT C
■
SCHEDULE OF VARIOUS CITY AND OUTSIDE AGENCY MEETINGS s snlRInlxOVssV
(City of Saratoga)
Monday Tuesday Wednesday Thursday Friday Ann. Qtr
1st 2"d 3rd 4th 5th 1st 2nd 3rd 4th 5th 1st 2nd 3rd 4th 5th 1st 2nd 3rd 4th 5th 1st 2nd 3rd 4th 5th
Council-Reg&Adj. 7p 7p 7p 7p
Planning Commission 7:30p 7:30p
Parks&Rec.Comm. 7:30p
Public Safety Comm. 6cHp
Library Commission 7:30p
Lib.
Heritage Pres.Comm. 9a
WHH
)ance Commission 7p
CH
Youth Commission 7p
WHH
ABAG Oakland
Chamber of Commerce 6p
SCC Cities Assn. 5:30p Done for this yr.
(Legislative Task Force) SV Meets 5-6X/yr.
-
SCC Housing& 6-8x/yr.
Community meetin g
Development 1/25
SCC Emergency Ping. 12p
CEOC
Hakone Foundation 8p
HJG
KSAR 8:30a
CH
SCC Lib.System JPA 4x/yr
Valley Water Dist. Wednesdays at 1:30 pm(Feb,May Sept,Nov) r ;1
No.Central Flood Cont. in Rinconada Water Treatment Plant-LG (;'
LOCC-Peninsula Div. Dinner Meetings
SC Vly Water Dist. Wednesdays at 12 pm in Rinconada Water 2-3X/yr
Comm. Treatment Plant-LG
SCC Cities Assn.(City 7p
Selection Committee) SV
SASCC 9:30a
CH _
SBDC 8a , ' w'.
CH „�
.
Sister City Committee 7p
_ CC -
W V Solid Waste JPA 5 PM
MS
SC VTA PAC 5p
Si
Legend: CH-City Hall;('C-Comm Center,WHH-Warner Hutton House;Lib-Saratoga Library;HJG-Hakone Japanese Gardens;MS-Monte Serreno;SJ-San Jose;CB-Campbell;SV-Sunnyvale;CEOC-County EOC;LG-Los Gatos
Monday Tuesday Wednesday Thursday Friday Ann. Qtr
1st rd 3rd 4th 5th 1st 2nd 3rd 4th 5th 1st 2nd 3rd 4th 5th 1st 2nd 3rd 4th 5th 1st 2nd - 3rd 4th 5th
West Valley Sanitation 6p 6p
District CB CB
Silicon Valley Animal 5:30
Control JPA pm
sv
)
Legend: CH-City Hall;CC-Comm.Center;WHH-Warner Hutton House;Lib-Saratoga Library;HJG-Hakone Japanese Gardens;MS-Monte Serreno;SJ-San Jose;CB-Campbell;SV-Sunnyvale;CEOC-County EOC;LG-Los Gatos
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER:
PREPARED BY:
.). DEPT HEAD: /~~l~~
SUBJECT: Award of contract to Philip W. Block for Planning Services.
RECOMMENDED ACTION:
Direct the City Manager to award the Planning Services contract to Philip W. Block, AICP.
REPORT SUMMARY:
At the request of the Community Development Department Director, the City Council included
adequate funding for FY 00/01 to pay for Contract Planning Services to assist with the review of
development applications submitted to the City. The funds were allocated from development
review fee revenue to help current staff with the large number of development applications
submitted during this busy year. Robert Schubert, AICP, was initially hired to do this and
worked for Saratoga part-time from July through the end of November. Unfortunately, with the
Planning Division's recent 100% turnover of experienced planning staff, the department needs a
stronger consultant commitment than Mr. Schubert was able to provide and his contract was
recently terminated.
Mr. Block has over 28 years of public sector planning experience and comes to Saratoga with
excellent references. He served as the Community Development Director for the City of Merced
for 20 of those years. Following a comprehensive consultant search throughout the State, Mr.
Block was contacted at Willdan Associates' Southern California office. He is currently working
32-plus hours per week for the City - Tuesday through Friday, and is contracted to work through
March 2001. At $85 per hour, this puts the total contract expenditure at approximately $54,000.
There may need to be a mid-year budget adjustment to transfer unspent employee salary funds or
development services fee revenue to the Contract Services account, but there is adequate funding
to do so if necessary.
Mr. Block started working for the Planning Division in early November, understanding that his
total contract services could not exceed $10,000 without City Council approval. To date, he has
not exceeded the $10,000 limit that the City Manager is authorized to spend. The Community
Development Director recommended bringing Mr. Block on as soon as possible, given the
Department's severe staffing shortages
FISCAL IMPACTS:
Planning Services consultant funds have been included in the FY 00/01 budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Mr. Block would not be hired and the Department would not be provided with necessary support.
ALTERNATIVE ACTION:
Not applicable.
FOLLOW UP ACTION:
The City Manager will award the Planning Services contract to Philip W. Block, AICP.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
1. Resume of Philip W. Block, AICP
2. Independent Contractor Agreement
2 of 2
PHILIP W. BLOCK, AICP
Senior Planner
Mr. Block has over 28 years of experience in the field of planning, which includes the management
and preparation of long-range planning studies and public policy plans, environmental impact
assessment, zoning administration, building inspection, and the formulation of housing and
neighborhood improvement programs. The majority of his career as a planner has been spent
serving the City of Merced in increasingly responsible capacities that culminated in a 20-year tenure
as the City's Planning/Community Development DireCtor. During this period, he brought distinction 'to
the City and to himself by accomplishments that included:
Three comprehensive general Plan updates. One that was begun under his direction, received
the 1997 California Chapter American Planning Association Comprehensive Planning Award for
Small Cities
Preparation of a 40-year Community Vision Plan
Development of a master plan for 8,000 acres with pedestrian and transit oriented villages
2lans,
· Preparation of specific plans, community plans, corridor plans, neighborhood revitalization
and park, open space and trail plans.
· Formulation of multi-modal transportation plans.
· Participation in downtown redevelopment projects and economic development activities.
· Completion of zoning ordinance and development code updates
· Establishment of effective customer service programs and development review streamlining.
· Considerable development review experience with general plan amendments, zone changes,
annexations, subdivisions, use permits, site plan review, landscape and architectural review
· Preparation of widely acclaimed Planning Commission Handbook
· Department Head for Planning, Building Inspection and Housing Divisions
With Willdan, Mr. Block has assisted cities during times of staff vacancies and heavy workloads. For
example he has recently worked for the Cities of West Sacramento and Placerville. Previously he
worked as a Planning Consultant and for Clark County Nevada on a Park and Open Space Master
Plan.
PROFESSIONAL AWARDS
American Planning Association
1995 Public Education Award nomination
California Chapter American Planning Association
1997 Award for Small Cities Outstanding Comprehensive Planning
Merced Vision 201.5 General Plan (he directed early phases)
1995 Planning Education Award
1990 Leadership Award: Merced's 2030 Vision Plan
1988 Award for Outstanding Planning Reflecting a Social Commitment
South Merced Revitalization Plan
Central Section California Chapter American Planning Association
1985 Award for Merced's Park and Open Space Master Plan
1984 Award for Merced's Yosemite Parkway Design Plan
EDUCATION
California State University, Stanislaus, 1991
Master of Public Administration
University of Arizona, 1971
. Master of Science, Urban Planning
California State Polytechnic University, Pomona, 1966
Bachelor of Science, Ornamental Horticulture
PROFESSIONAL AFFILIATIONS
American Institute of Certified Planners, 1978
American Planning Association, 1974
American Institute of Planners, 1970
Director Central Section California Chapter American Planning Association
EXHIBITION
Major Exhibition of Urban and Environmental Planning and Design Commemorating 50 Years of
City Planning in Merced, Merced Civic Center Exhibition Hall, 1994
PRESENTATIONS
Professional Planners
· Speaker on Planning Education at the American Planning Association/Canadian Institute of
Planners International Conference in Toronto, Canada, 1995
· Speaker and moderator on Orienting and Training Planning Commissioners Session at
American Planning Association (APA) Conference, Los Angeles, 1986
· Speaker on Merced's Interface Overlay Zoning Regulations at the American Planning
Association (APA)Annual Zoning Institute, San Francisco, 1982
Planning Commissioners
· Seminar on.City Images and the Built Environment at the Stanislaus County Planning
Commission Workshop (Ceres, CA), 1989
· Seminar on Long-Range Planning Techniques at Merced County Planning Commission
Workshop (Atwater, CA), 1987'
Elected Officials
· Speaker on Merced's Pedestrian and transit (Village) Oriented Planning at the Local
Government Commission Workshop (Visalia, CA), 1994
PUBLICATIONS
"Merced College for Kids Planning," Resources: A Newsletter for People Teaching Kids About
Planninq, (APA), Fall/Winter 1995
"Merced's 2030 Plan," California Planner, May 1991
"What Made the South Merced Improvement Plan Work?" California Planner,
March 1989
"An Approach to Park and Recreation Planning for the Las Vegas Metropolitan Area," Masters
Degree Internship Report/Thesis, University of Arizona, 324 pp., 1971.
"Capital Improvement Programming," Research Bulletin, Division of Economic and Business
Research, College of Business and Public Administration, University of Arizona, 1971 (with Robed
D. Carpenter, Chairman of the Urban Planning Program)
. . CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
TillS AGREEMENT is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ("City"), and Philip W. Block ("Contractor"), who agree
as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the work product
described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work product; and
WHEREAS, Contractor is duly qualified to provide the required Work product; 'and
WHEREAS, Contractor is agreeable to providing such work product on the terms and
conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of
Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed Purchase Order from the
Finance Department of the City of Saratoga.
2. TERM. The term of this Agreement commences on August 1, 2000 and extends through
the completion of the project, unless it is extended by written mutual agreement between the
parties, provided that the parties retain the right to terminate this Agreement as provided in
Exhibit D at.all times.
3.' PAYMENT. City shall pay Contractor for work product produced pursuant to this
Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments
specified in Exhibit B shall be the only payments to be made to Contractor in connection with
ContraCtor's Completion of the Scope of Work pursuant to this. Agreement. Contractor shall
submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in
Exhibit B, then according to the usual and customary procedures and practices which Contractor
uses for billing clients similar to City.
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and
Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment,
which may be required for completing the Scope of Work pursuant to this Agreement. City shall
furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms
and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general
provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency
between said general provisions and any other terms or conditions of this Agreement, the other
term or condition shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the City .by Community Development Director James Walgren ("Administrator"). The
Administrator has complete authority to receive information, interpret and define City's policies
consistent with this Agreement, and communicate with Contractor concerning this Agreement.
All correspondence and other communications shall be directed to or through the Administrator
or his or her designee.
8. NOTICES. All notices or communication concerning a party's compliance with the
terms of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight, express carrier. The notice shall be deemed to have
been given and received on the date delivered in person or the date.upon which the postal
authority or overnight express cartier indicates that the mailing was delivered to the address of
the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice
of any notices or communications hereunder via telefacsimile. However, under no circumstances
shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such
courtesy notice affect the validity of service pursuant to the notice requirement set forth above.
Any Party hereto, by giving ten (10) days written notice to the other, may designate any other
address as substitution of the address to which the notice or communication shall be given.
Notices or communications shall be given to the Parties at the addresses set forth below until
specified otherwise in writing:
Notices to Contractor shall be sent to:
Philip W. Block, AICP
1724 Wildwood Court
Merced, California 95340
Notices to City shall be sent to:
James Walgren, AICP
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to Contractor's completion of the Scope of
Work on. behalf of City and contains all of the covenants and agreements between the parties
with respect to the rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that no other agreement, statement or promise not contained in this
Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By:
Print Name:
Position:
Date:
CITY OF SARATOGA, a municipal corporation
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By: Date:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
' By: Date:
Administrative Services Director
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
EXHIBIT A - SCOPE OF WORK
Contractor shall provide land Use planning services, including, but not limited to:
Reviewing and evaluating development applications and preparing staff reports' with
recommendations to the Planning Commission.
Providing zoning information to the public via the front counter, telephones and e-mail.
Performing site inspections.
Performing construction plan evaluations for consistency with Saratoga's general Plan and
zoning ordinance regulations.
Other assignments as determined by the Community Development Director.
EXHIBIT B - PAYMENT
1. TOTAL COMPENSATION. City shall pay Contractor an amount not to exceed the
total sum of $85 per hour for not more than 640 hours (November 2000 through March 2001) for
work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum
stated above shall be the total which City shall pay for' the work product to be provided by
Contractor pursuant to this Agreement.
2. INVOICES. Contractor shall submit invoices, not more often than once a month duhng
the term of this Agreement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of bills, i.e., Bill No. 1;
The beginning and ending dates of the billing period;
a summary containing the total contract amount, the amount of prior billings, the
total due this period, and the remaining balance available for all remaining billing
periods.
3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices,
for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable
expenses incurred.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in Exhibit A to this Agreement.
EXHIBIT C - PAYMENT
· City shall furnish physical facilities such as desks, filing cabinets, and conference space,
as may be reasonably necessary for Contractor's use while consulting with City employees.and
reviewing records and the information in possession of City. The location, quantify, and time of
furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be
obligated to furnish any facility which may involve incurring any direct expense, including, but
not limiting the generality of this exclusion, long-distance telephone or other communication
charges, vehicles, and reproduction facilities. Contractor shall.not use such services, premises,
facilities, supplies or equipment for any purpose other than in the performance of Contractor's
obligations under this Agreement.
EXHIBIT D - GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City. Contractor
shall complete the Scope of Work hereunder in accordance with currently approved methods and
practices in Contractor's field. City shall have the right to csntrol Contractor only with respect to
specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not
have the right to control the means by which Contractor accomplishes services rendered pursuant
to this Agreement.' Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or employee of Contractor.
Nothing contained in this Agreement shall be construed as limiting the right of Contractor to
engage in Contractor's profession separate and apart from this' Agreement so long as such
activities do not interfere or conflict with the performance by Contractor of the obligations set
forth in this Agreement. Interference or conflict will be determined at the sole discretion of the
City. ·
2. STANDARD OF PERFORMANCE. Contractor shall'complete the Scope of Work
required pursuant to this Agreement in the manner and according to the standards observed by a
competent practitioner of the profession in which Contractor is engaged in the geographical area
in which Contractor practices its professiOn. All work product of whatsoever nature which
Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Contractor's profession.
3. TIME. COntractor shall devote such time to the'Scope 'of Work pursuant to this
Agreement 'as may' be reasonably necessary foi' satisfactory performance of Contractor's
obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall
have no authority, express'or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor'shall have no authority, express or implied, pursuant to this Agreement to bind
City to any obligation whatsoever.
5. BENEFITS AND TAXES. Contractor shall not have any claim Under this Agreement or
otherwise against City for seniority, vacation'time, vacation pay, sickieave, personal time off,
overtime, health insurance, medical care, hosPital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, including, but not
limited to, federal and state income taxes, and in connection therewith Contractor shall
indemnify and hold City harmless from any and all liability that City may incur because of
Contractor's failure to pay Such taxes. City shall have no obligation whatsoever to pay or
withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or
· obligation pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect. However, with the consent
of the City given in writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement ai may be specified by City.~
7. PERSONNEL.
a. Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at
any time during the term of this Agreement, desires the .r'emoval of any such persons,
Contractor shall, immediately upon receiving notice from city of such desire of City,
cause the removal of sUch person or persons.
b. Employment Eligibility. Contractor shall ensure that all employees of Contractor
and any subcontractor retained by Contractor in connection with this Agreement have
provided the necessary documentation to establish identity and employment eligibility as
required by the Immigration Reform and Control Act of 1986. Failure to provide the
necessary documentation will result in the termination of.the Agreement as required by
the Immigration Reform and Control Act of 1986.
7. CONFLICT OF INTEREST.
a. In General. Contractor represents and warrants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances Which could give rise
to a conflict of interest on the part of Contractor, or that the Contractor has already
disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an. actual or potential
conflict of interest on the part of Contractor is discovered after award, the Contractor will
make a full disclosure in writing to the City. This disclosure shall include a description
of actions which the Contractor has taken or proposes to take, after consultation' with the
City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the
Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or employee of City and
no member of the City Council shall have any pecuniary interest, direct or indirect, in
this Agreement or the proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve 'on any City board or committee or hold any such position
which either by rule, practice or action nominate~, recommends, or supervises
Contractor's operations or authorizes funding to Contractor.
8. COMPLIANCE WITH LAWS.
a. In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies, (including federal,
state, municipal and local governing bodies) applicable to the performance of the Scope
of Work hereunder,'~including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended.
b. Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally
required for Contractor to practice its profession. Contractor represents and warrants to
City that Contractor shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement any licenses, permits, and approvals which are legally
required for Contractor to practice its profession. In addition to the foregoing, Contractor
shall obtain and maintain during the term hereof a valid City of Saratoga Business
License.
c. Funding Agency Requirements. To the extent that this Agreement may be funded
by fiscal assistance from another entity, Contractor shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal assistance program.
d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors
shall comply with the City's policy of maintaining a drug-free workplace. Neither
Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use contr°lled substances, as defined in 21 U.S. Code
Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility,
premises or worksite used in any manner in connection with performing services pursuant
to this Agreement. If Contractor or any employee or subcontractor of Contractor is
convicted or pleads nolo contendere to a criminal drug statute violation occurring at such
a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify
the City.
e. Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination, and that no person shall, on the grounds of race, creed, color, disability,
sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status,
political affiliation, or any other non-merit factors be excluded from participating in,-be
denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
DOCUMENTS AND RECORDS.
a. Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Contractor
pursuant .to this Agreement shall become the property of City upon completion of the
work to be performed hereunder or upon termination of this Agreement.
b. Retention of Records. Until the exPiration offive years after the furnishing of any
services pursuant to this Agreement, Contractor shall retain and make available to the
City or any party designated by the City, upon written request by City, this Agreement,
and such books, documents and records of Contractor (and any books, documents, and
records of any subcontractor(s)) that are necessary or convenient for audit purposes to
certify the nature and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
d. Professional Seal. Where applicable in the determination of the contract
administrator, the first page of a technical report, first page of design specifications, and
each page of construction drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The stamp/seal shall be in a
block entitled "Seal and Signature of Registered Professional with report/design-
responsibility" as per the sample below.
Seal and Signature of Registered ProfeSsional
with report/design responsibility.
10. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential
information received from City in the course of performing this Agreement in trust and
confidence and will not reveal such confidential information to any person or entity, either
during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement,
or termination as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its confidential file. For
purposes of this paragraph, confidential information is defined as all information disclosed to
Contractor which relates to City's past, present, and future activities, as well as activities under
this Agreement, which information is not otherwise of public record under California law.
· 11. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for
the work,~ shall bear all losses and damages directly or indirectly resulting to Contractor, to any
subcontractor, to the City, to City officers and employees, or to parties designated by the City, on
account of the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive negligence of the Contractor or of
any subcontractor.
12. INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs.
or any other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the parties to be
interpreted and construed to provide the fullest protection possible under the law to the City.
Contractor acknowledges that City would nOt enter into this agreement in the absence of the
commitment of Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor shall .defend,
indemnify and hold harmless City, its employees, agents and officials, from any liability,
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind whatsoever without restriction or
limitation, incurred in relation to, as a consequence of or ar/sing out of or in any way
attributable actually, allegedly or impliedly, in whole or in part, to the performance of this
Agreement. All obligations under this provision are to be paid by Contractor as they are
incurred by the City.
b. Limitation on Indemnity. Without affecting the rights of City under any provision
of this agreement or this section, Contractor shall not be required to indemnify and hold
harmless City as set forth above for liability attributable to the sole fault of City, provided
such sole fault is determined by agreement between the parties or the findings of a court
of competent jurisdiction. This exception will apply only in instances where the City is
shown to have been solely at fault and not in instances where Contractor is solely or
partially at fault or in instances where City's fault accounts for 0nly a percentage of the
liability involved. In those instances, the obligation of Contractor will be all-inclusive
and City will be indemnified for all liability incurred, even though a percentage of the
liability is attributable to conduct of the City.
c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this
section extends to liability attributable to City, if that liability is less than the sole fault of
City. Contractor has no obligation under this agreement for liability proven in a court of
competent jurisdiction or by written agreement between the parties to be the sole fault of
City.
d. Scope of Contractor Obligation.' The obligations of Contractor under this or any
other provision of this Agreement will not be limited by the provisions of any workers'
compensation act or similar act. Contractor expressly waives its statutory immunity
under such statutes or laws as to City,' its employees and officials.
e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with
provisions identical to those set forth here in this section from each and every
subcontractor, subtier contractor or any other person or entity involved by, for, with or on
· behalf of Contractor in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as required here,
Contractor agrees to be fully responsible according to the terms of this section.
f.- In General. Failure of City to monitor compliance with these requirements imposes
no additional obligations on City and will in no way act as a waiver of any rights
hereunder.. This obligation to indemnify and defend City as set forth herein is binding on
the successors, assigns, or heirs of Contractor and shall survive the termination of this
agreement or this section. For purposes of Section 2782 of the Civil Code the parties
hereto recognize and agree that this Agreement is not a construction contract. By
execution of this Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is. a material element of
consideration. City approval of the insurance contracts required by this Agreement does
not relieve the Contractor or subcontractors from liability under this paragraph.
13. INSURANCE REQUIREMENTs. Contractor shall procure and maintain for the
duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be
included in the Contractor's bid.
14. ' DEFAULT AND REMEDIES.
a. Events of default. Each of the' following shall constitute an event of default
hereunder:
1. Failure to perform any obligation under this Agreement and failure to cure such
breach immediately upon receiving notice of such breach, if the breach is such that the
City determines the health, welfare, or safety of the public is immediately endangered; or
2. Failure to perform any obligation under this Agreement and failure to cure such
breach within fifteen (15) days of receiving notice of such breach, if the breach is such
that the City determines that the health, welfare, or safety of the public is not
immediately endangered, provided that if the nature of the breach is such that the City
determines it will reasonably require more than fifteen (15) days to cure, Contractor shall
not be in default if Contractor promptly commences the cure and diligently proceeds to
completion of the cure.
b. Remedies upon default. UPon any Contractor default, City shall, have the right to
immediately suspend or terminate the Agreement, seek specific performance, contract
with another party to perform this Agreement and/or seek damages including incidental,
consequential and/or special damages to the full extent allowed by law.
c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not
constitute a waiver of any other rights hereunder or any right to seek any remedy for any
subsequent default.
15. TERMINATION. Either party may terminate this Agreement with or without cause by
providing 10 days notice in writing to the other party. The City may terminate this Agreement at
any time without prior notice in the event that Contractor commits a material breach of the terms
of this Agreement. Upon termination, this Agreement shall become of no further force or effect
whatsoever and each of the'parties hereto shall be relieved and discharged herefrom, Subject to
payment for acceptable services rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records,
City's rights to material produced, confidential information, contractor's responsibility,
indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall
survive termination of this Agreement.
16. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or. claim arising under this Agreement. If the parties fail to resolve such disputes or
claims, they shall submit them to nonbinding mediation in California at shared expense of the
parties for at least 8 hours of mediation. If mediation does not arrive at a-satisfactory result,
arbitration, if agreed to by all parties, or l!tigation may be pursue& In the event any dispute
resolution processes are involved, each party shall bear its own costs and attomeys fees.
17. LITIGATION. If any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto, each
party shall bear its own attorneys' fees and costs.
18. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising from this
Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part
of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null
-and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in
full force and effect.
19. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this Agreement. be supplemented or continued by Contractor
under a new agreement following expiration or termination of this Agreement. Contractor waives
all rights or claims to notice or heating respecting any failure by City to continue to request or
retain all or any portion of the work product from Contractor follOwing the expiration or
termination of this Agreement.
20. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
21. WAIVER. Neither the acceptance of work or payment for work pursuant to this
Agreement shall constitute a waiver of any rights or obligations arising under this Agreement.
The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter.
EXHIBIT E - INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the space before the requirement apply to Contractor's Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide Certificates of Insurance complete with copies of all required
endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070.
Contractor shall fUrnish City with copies of original endorsements affecting coverage reqUired by
this Exhibit E.' The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements and certificates are to be received and approved by
City before work commences. City has the right to require Contractor's insurer to provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
Commercial General/Business Liability Insurance with coverage as indicated:
$1,000,000 per occurrence/S2,000,000 aggregate limits for bodily injury and
property damage
$ per occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the standard ISO Form wording for "OTHER 'INSURANCE", or other
comparable wordingl is not contained in Contractor's liability insurance policy, an
endorsement must be provided that said insurance Will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents
or volunteers-shall be in excess of Contractor's insurance and shall not contribute
to it.
Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage
$ . per persord$ per accident for bodily injury
$ per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless, of where the vehicles
are kept or driven.
Professional/Errors and Omissions Liability with coverage as indicated:
$1,000,000 per loss/$2,000,000 aggregate
$5,000,000 per loss/$5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of
three years after the expiration of this Agreement. Contractor may satisfy this requirement by
renewal of existing coverage or purchase of either prior acts or tail -coverage applicable to said
three year period.
X
X
Workers' Compensation Insurance
Including minimum $1,000,000 Employer's Liability
The Employer's ..Liability policy shall be endorsed to waive any right of subrogation as respects
the City, its employees or agents.
The Contractor makes the following certification, required by section' 1861 of the California
Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code Which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in
accordance with 'the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X
Additional Insured Endorsement(s) for Commercial General/Business Liability coverage
naming the City of Saratoga, its officers, employees and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10)
X
The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days
notice for non-payment of premium). NOTE: the following words must be crossed out or
deleted from the standard cancellation clause: "... endeavor to..." AND "... but failure
to mail such notice shall impose no obligation or liability of any kind upon the company,
its agents or representatives."
All subcontractors used must comply with the above requirements except as noted below:
As to all of the checked insurance requirements above, the following shall apply:
Deductibles and Self-Insured Retentions. Any deductibles Or self-insured
retentions must be declared to and approved by the City. At thc optiQn of the
City, either (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees"; or
(2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
City as Additional Insured. The City, its officers, officials, employees and
volunteers are to be covered as insurcds as respects: liability arising out of'
activities performed by. or on behalf of the Contractor; products and completed
operations of the Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by thc Contractor. The coverage
shall contain no special limitations on the scope of the protection afforded to the
City, its officers, officials, employees or volunteers.
Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
Coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been
given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII
Standard Independent Contractor Agreement
18
Last pr/nted 12/6/00 5:33 PM
P :\PlanningkJ ames\ContractkPhil Block.doc
Page 18 of
SARATOGA CITY COUNCIL
MEETING DATE: December 12, 2000
ORIGINATING DEPT: Administrative Services
PREPARED BY: __b .
CITY MANAGER:
DEPT HEAD://~.
SUBJECT: Joseph Landau, Claimant; Claim No.051611
RECOMMENDED ACTION(S):
Reject claim.
REPORT SUMMARY:
The claimant states he damaged his bicycle wheel on Pierce Road due to a pothole. The claimant
had to replace his front wheel at a cost of $105.87. The claimant did not sustain bodily injury in
this incident.
The claimant was riding along with his neighbor on Pierce Road when the incident occurred.
The claimant does not want to provide the neighbor's name and address as a witness to the
incident. The claimant states his neighbor was riding in front of him and did not see the actual
encounter with the pothole. The claimant said that his neighbor did not damage his bicycle in the
pothole.
The City has no record of any prior notice regarding a road hazard at this location. There is an
area approximately 30 feet prior to Sara Hills Drive where the crack widens to approximately
five inches with a depth of approximately three inches. This defect is located toward the middle
of the lane rather than near the right shoulder. This crack does not show prior repair, which
serves to confirm that the City was unaware of this condition.
Receiving prior notice of the condition and alloWing adequate time for the City to make repair
are two required elements to make a finding that the City is liable for damages. The City was not
able to repair a condition for which it had not received prior notice. Based upon these findings,
ABAG recommends rejection of this claim.
FISCAL IMPACTS:
Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The claim will not be rejected.
ALTERNATIVE ACTION(S):
The City Council could decide not to reject the claim.
FOLLOW UP ACTION(S):
Process rejection of claim and notify claimant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable
ATTACHMENTS:
Claim Acknowledgement Notice from ABAG.
ASSOCIATION
OF BAY AREA
GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area.
November 14, 2000
A B
C o
A G
R P 0
P
LAN
T I 0 N
Mary Jo Walker, Risk Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
CLAIMANT(s):
DATE OF LOSS/
CITY CLAIM #:
ABAG CLAIM #:
LANDAU, joseph
9-9-2000
00/01 SA-??
GL-051611
**CLAIM ACKNOWLEDGMENT NOTICE**
Dear Ms. Walker:
This will acknowledge receipt of the above-referenced claim.
FACTS ALLEGED BY THE CLAIMANT:
The claimant has presented a claim for damage to the front wheel of his bicycle. The claimant
asserts the damage occurred while he was riding his bicycle downhill in the northbound lane of
Pierce Road. Approximately 20 feet prior to the junction at Sarahills Drive, he encountered a
pothole. His bicycle was damaged when his wheel got caught in the groove that resulted from a
wearing away on the street surface.
DAMAGES CLAIMED:
The claimant reports he did not sustain bodily injury in this incident. He stated that the wheel
on his bicycle was damaged. An estimate for repair has been presented for $105.87.
ACTION TAKEN:
I spoke with the claimant by telephone and we have sent the claimant a contact letter, a copy of
which is enclosed. The findings of my site inspection on 10-24-00 are detailed below.
CLAIMANT INFORMATION:
During our telephone conversation on 10/19/00, the claimant stated he encountered a pothole
that was about five inches wide.' His tire got caught in the groove and bent the bicycle wheel.
The claimant said he took photos of the damaged bicycle wheel, but he cannot sent the photos
at this time since he does not want to develop only a partial roll of film. The claimant said he
was riding with his neighbor. When I asked for the neighbor's name and address as a witness
to the incident, the claimant said he did not want to provide this information. Mr. Landau says
his neighbor v~as riding in.'front of him and did not see the actual encounter with the pothole.
The claimant said his neighbor did not likewise damage his bicycle in the pothole.
The claimant reported that he had ridden his bike in this area before. He said he never saw
this pothole in the road before this incident. The claimant reported that the pothole is "hard to
see" since trees on the side of the road cast shade on the road surface.
Mailing Address:
Location:
P.O. [sox 2050 Oakland, California a~An4-2050(S10) 464-7900 Fax: (510) 464-7989
Joseph P. Bott MetroCenter 101 £ighth Street Oakland, California 94fi07-4756
plan@abag.ca.gov
City of Saratoga
LANDAU
ABAG Claim # GL 051611 / #SA- ??
November 14, 2000 ~.
Page 2
CITY INFORI~ATION: '
I received a voicemail from Ray Galindo on 10/16/00. reporting that he conferred with John
Cherbone of Public Works regarding the incident location. The report indicated that there is no
formally marked bike lane on this section of Pierce Road. The City has no record of any prior
notice regarding a road hazard at this location.
INSPIgCTION: ·
Enclosed you will find copies of photographs taken at the incident site on 10/24/00. There is a
crack running in the middle third of the northbound lane. At one 'point approximately 30 feet
prior to Sarahills Drive, there .is an area where the crack 'widens to approximately five inches
with a depth of approximately three inches. This location is consistent with the description.
provided by the claimant. Notably,. this defect is located toward the middle of the lane rather
than near the right shoulder where one would expect a bicycle to be traveling. It can be argued
that the claimant was unable to avoid the pothole (unlike his neighbor who managed to avoid
it) due to his traveling too fast downhill.
LIABILITY:
Unknown.
The city reports it had no prior notice of a possible h~izard in the. road at the location where
this incident occurr~d~ The defect is partially obscured by shade cast on the road by nearby
trees, a condition which the claimant had reported~ It is very possible that City employees
passing along this section of roadway were unable to determine the extent of' this pothole due
to the shade darkening the roadway 'surface. Also, this crack does not show prior repair, which
serves to confirm that the City was unaware of this condition.
RlgSlgRVIg
An initial reserve of $110 has been set pending further activity on thisi claim.
RlgCOI¥IMIgNDATION:
We recommend for the City to issue a rejection notice on this claim. If.the City concurs with
this recommendation, the rejection notice should be issued to the claimant, using Form No. $
out of the ABA G PLAN Liability Claims Procedures Manual.
We will diary this matter 'for thirty days to follow Up on ~the claim status and for further
comment from the City. If you have any questions about this or:any other matter, please
contact me at 51.0-464-7936..
~incerelyI ' .
Claims Examiner
Enclosure