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HomeMy WebLinkAbout03-06-2002 City Council Agenda Packet 4 -^'1 1.J AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 6, 2002 CLOSED SESSION- 5:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 5:00 P.M. ADJOURNED TO CLOSED SESSION - S:OO P.M. Conference With Legal Counsel -Existing Litigation (3 cases): (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of Case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H0223b5) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Pazker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR' S REPORT ON CLOSED SESSION 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 proper]y posted on March 1, 2002). COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized Items Any member of the public will be allowed to address the City Council~for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. . ,. 1 Communications from Boards and Commissions None Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications: CEREMONIAL ITEMS lA. Proclamation Declaring Mazch 10-16, 2002 "Science Fair Week" Recommended action: Read proclamation. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approve Council Meeting Minutes Regulaz Meeting -January 16, 2002 Recommended action: ' Approve minutes. 2B. Approve Council Meeting Minutes Adjourned Meeting -February 20, 2002 Recommended action: Approve minutes. 2C. Review. of Check Register Recommended action: Approve check register. 2D. Review Planning Commission Action Minutes - February 24, 2002 Recommended action: Note-and file. 2E. Sazatoga-Sunnyvale Road & Seagull Traffic Signal - Awazd of Construction Contract Recommended action: Accept bid and awazd construction contract. 4 2F. Resolution Authorizing Joint Powers Authority Executive Director to Apply For Funding From the Department of Conservation for Beverage Container Recycling and Litter Cleanup Projects Recommended action: Adopt resolution. 2G. Resolution Establishing Time and Place for Regulaz Meetings for the Saratoga Arts Commission Recommended action: Adopt resolution. 2H. Claim of Kris Gaiero; Claim No. GL-0535487 Recommended action: Authorize ABAG to settle claim. 2I. Budget Calendaz Recommended action: Approve Calendar. PUBLIC HEARINGS 3. Second Reading of Ordinance Adopting Rules and Procedures for City Commissions Recommended action: Open public hearing; close public hearing; waive the second reading; adopt ordinance. 4. Housing Element/Mixed -Use Project Sites Recommended action: Open public heazing; close public heazing; provide direction to Staff regarding the locations of potential mixed use projects to be included in the Housing Element. OLD BUSINESS 5. Review of Legislative Consultant Contract Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 6. Santa Clara Valley Water District -Semi Annual Update Recommended action: Informational only. 7. Comer Debris Basin Modification project Recommended action: Accept report and direct staff accordingly. 3 8. Cities Association Legislative Task Force Recommended action: Accept report and direct staff accordingly. 9. Public Safety Center -Conceptual Design Recommended action: Accept report and direct staff accordingly. 10. Sazatoga Library Room-Naming Recommended action: Accept report and direct staff accordingly. 11. Resolution Requesting a Study and Report on Proposed Zoning Ordinance Amendments to Establish Mixed-use Overlay Zone Recommended action: Adopt resolution. 12. Association of Monterey Bay Area Governments and Silicon Valley Inter- Regional Partnership Recommended action: Consider the City of Sazatoga's participation in the Association. AGENCY ASSIGNMENT REPORTS A enc Councilmember Alternate Association of Bay Area Government Bogosian Mehaffey Chamber of Commerce Streit Mehaffey County Cities Association Leg. Task Force Bogosian Waltonsmith County HCD Policy Committee Mehaffey Baker Emergency Planning Council Baker Waltonsmith Hakone Foundation Liaison Streit/Baker N/A KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Association Bogosian Waltonsmith Northern Central Flood Conriol Zone Advisory Brd. Waltonsmith Bogosian Peninsula Division, League of California Cities Streit Baker Santa Claza County Valley Water Commission Mehaffey Bogosian Santa Clara County Cities Association Streit Baker SASCC Liaison Waltonsmith Bogosian SBDC Mehaffey Streit Sister City Liaison Waltonsmith Mehaffey West Valley Solid Waste JPA Baker Mehaffey Valley Transportation Authority PAC Waltonsmith Streit West Valley Sanitation District Baker Bogosian Silicon Valley Animal Control JPA Bogosian Waltonsmith Saratoga Historical Foundation Waltonsmith Policy Advisory Boazd Waltonsmith 4 CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) 5 t ^~ ~"[i. ,~~ lj., :SbkVl~,:p l~ 4..~ . ~~~~SO.~u~ 3/12 3/20 4/3 4/17 4/23 5/1 5/7 5/11 5/IS CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 Adiourned Meeting - SASCC, Parks and Recreation Commission Regular Meeting Regular Meeting Regular Meeting Adjourned Meetine -Public Safety Commission, Sheriff, Fire Districts Regulaz Meeting Adiourned Meeting -Finance Commission, Chamber of Commerce, SBDC Council Retreat Regular Meeting 6/5 Regulaz Meeting 6/19 Regular Meeting 6/25 Adiourned Meeting - Sazatoga Union School District, Cupertino Union School District, Campbell Union School District 7/3 Regulaz Meeting 7/17 Regular Meeting 8/7 Regular Meeting -City Manager Evaluation 8121 Summer Recess 9/4 Regular Meeting 9/18 Regular Meeting 10/2 Regular Meeting 10/16 Regular Meeting 11/6 Regular Meeting 11/20 Regulaz Meeting 12/4 Regulaz Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regulaz Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the Adult Day Care Center, 19655 Allendale Avenue. 6 i • SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 ORIGINATING PT: Ci tanager PREPARED BY: i AGENDA ITEM: f CITY MANAGER: ~-~-~~ DEPT HEAD: SUBJECT: Proclamation -March 10 -16, 2002 "Science Fair Week" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: The Santa Clara Valley Science and Engineering Fair Association requested the City of Saratoga proclaim the week of March 10 -16, 2002 "Science Fair Week". FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk to mail proclamation to Carole Kalcic, Fair Manager. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Proclamation ;- CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF MARCH 10 -16,2002 "SCIENCE FAIR WEEK" WHEREAS, a group of dedicated citizens and educators will be producing an exciting Science and Engineering Fair the 12`h and 13th of March, 2002; and WHEREAS, this Science and Engineering Fair will be held for the benefit of our young people, their parents and teachers, in order to stimulate interest in the various aspects of the sciences; WHEREAS, this event will direct public attention towards the fields of science and engineering by setting aside a time for creative participation on the part of all interested students. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim acid recognize March 10-16, 2002 as "SCIENCE FAIR WEEK" within our City and hereby urge all residents, particularly young people, to take part in the observation of this event through their active participation. Witnessed our hand and seal of the City of Saratoga on this 20th day of February 2002. Nick Streit, Mayor City of Saratoga -"4 SANTA CLARA VALLEY SCIENCE AND ENGINEERIN4's FAIR ASSOCIATION P.O. Box 307, Los Altos, California 94023-0307 408/732-1719 Celebrating Our 42nd Consecutive Science Fair Affiliated with the Intel International Science and Engineering Fair ADVISORY BOARD $uJefln,endeM J $ChJ01s San!a Clara County January 22, 2002 Geraid A. Seller. Pn_D. Dears. Co!ia~v^ of Sciencs Saratoga TDwn hall San JJS!: s;ala unioarsny 13777 Fruitvale Avenue °rd'° E. "'°Ofe CA 95070 Saratoga Cm C'IfJS , Charn:an of the board In!el CorgoraGce Attn: Town Clete Jav D. Pi^snn. Ph. p. Dean, emeritus _ Co%ISCe °` e"cL~ea"°° " Dear Town Clerk: Seri Jose Stale Universi!y BOARD OF DIRECTORS Gerard G. Lod air. PresiUen! HeiUi 91ark Secretary Susan'.'. LencJE Treasurer Mn flurrail. Ph.D. rank Crrsby ran; Fairbanks Jack Fendeli Juli=. Kami Francs c. Lee Sy!v';a L Lea L)'nn LI?b5C1YJt2 Sandra r'`. t:4edi;!,,. James R. LSCGo`nan Leonidas Pe;ropo:;lcs Prema R. Rao Larke c. Reece: Sandra Ruehlo:v Lynn Shannon. DVPG Kerrv Veens;ra Julie A. Zabilski NASA LIAISON 7i:omes t3. Clausen I:nrer. L. Gm:cry-Bu::et. Pii. D. ASSOCIATES John R. rlipler Bober, 6illner Arlane &owr. Gregory.i. Bronn 6arbara ri. Carman Ka!hleen .. Gannor. Daniel Judnick fdichael L. tladdox. Pit D. Isabelle S. Slone BOOKKEEPER Pal Casco FAIR MANAGER Carole Kalcic The Synopsys Silicon Valley Science & Technology Championship, the 42nd annual regional science and engineering fair presented by the Santa Clara Valley Science and Engineering Fair Association, will be held Mazch 12-13, 2002 at the San Jose McEnery Convention Center, 2nd Floor, Exhibit Hall 3. This event is affiliated with the Intel International Science and Engineering Fair and the Tech Museum of Innovation. Students from your community, as well as from the entire Santa Clara Valley region, participate in this Science & Technology Championship. Therefore we aze asking that the Mayor of your town issue a proclamation designating the week of March 10-16, 2002 as "Science Fair Week". A sample typed proclamation. is enclosed to serve as a guide. The proclamation of your city's government encourages the enthusiasm of your young people, their teachers and parents, and the proclamation also signifies support for the many local companies and organizations that support the Fair. An Awazds Ceremony to honor winners ofthe Science & Technology Championship will be held Sunday, March 24, 2002, at Pazamount's Great America at their Showtime Theater, from 1 p.m. to 4:45 p.m For further details contact the Fair Manager at fairmanager@science-fair.org or call 408 732-1719. Thank you for your interest and assistance. Yours truly, PROGRAM ADMINISTRATOR~,'azOle Ka1C1C, Fair Manager Vicki Doyle-Jones Enclosure Ruth Sloan INCORPORATED AS ANON-PROFIT CORPORATION UNDER THE LAWS OF THE STATE OF CALIFORNIA, JULY 29, 1964 TAX ID #94-6122043 SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: ORIGINATING DEPT: City~anager CITY MANAGER: ~~C~--- PREPARED BYl ~I--I--~~~-`\ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -January 16, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes January 16, 2002 MINUTES SARATOGA CITY COUNCIL JANUARY 16, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:00 p.m. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney Initiation of litigation (Gov't Code section 54956.9(c): (I potential case). Consideration of Liability Claims (Gov't Code 54957): Claimant: Patrick Leung Agency claimed against: City of Saratoga Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regulaz City Council meeting to order at 7:00 p.m. and requested Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT; Councilmembers Stan Bogosian, John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, . Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Danielle Surdin, Economic Development Coordinator l_.J Ciry Council Minutes 1 January 16, 2002 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 16. 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 16, 2002 was properly posted on January 11, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Mel Rabedeau, 18631 Hazleigh Drive, requested the City Council agendize Measure E. Mr. Rabedeau explained that this proposed measure would impact the residents of Saratoga. Mr. Rabedeau requested that the Council have a discussion and take a position on Measure E. Mr. Rabedeau noted that he is aware of the fact that the City has always been opposed to a stadium at West Valley College and pointed out that this bond measure has a provision for $5.5 million for a stadium. Mr. Rabedeau noted that the bond would increase the number of classes and enrollment by 40%, which in turn would increase property taxes and traffic significantly. Mr. Rabedeau stated that he feels this is a valid subject for discussion by the Council. Jay Burke, 19960 Angus Court, noted that he has been trying since December to gather information on the lawsuit filed by West Valley College. To date he has not been very successful in obtaining any information. Mr. Burke requested that the City agendize this issue and provide the public with a status report on the lawsuit. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DII2ECTION TO STAFF Councilmember Waltonsmith noted she would like to have a discussion to decide if the City wants to take a stand on Measure E and also provide the public with a status report regarding the lawsuit. Councilmember Mehaffey supported Councilmember Waltonsmith's request. Mayor Streit directed staff to agendize Measure E at the next meeting. CEREMONIAL ITEMS None City Council Minutes 2 January 16, 2002 CONSENT CALENDAR lA. APPROVE COUNCIL, MEETING MINUTES REGULARMEETING -NOVEMBER 7, 2001 STAFF RECOMMENDATION: Approve muautes. BAKER/MEHAFFEY MOVED TO APPROVE COUNCIL MEETING MINUTES OF NOVEMBER 7, 2001. MOTION PASSED 4-0-1 WITH STREIT ABSTAINING. IB. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -DECEMBER 11, 2001 STAFF RECOMMENDATION; Approve minutes. Councilmember Waltonsmith requested that Item 1B be pulled from the Consent Calendaz. Councilmember Waltonsmith requested that the following be added to her comment on page 2, "Councilmember Waltonsmith thanked her fellow colleagues for their continued support and noted that she was looking forward to supporting Mayor Streit's list of projects". WALTONSMITH/BAKERMQVED TO APPROVE COUNCIL MEETING MINUTES OF DECEMBER 11.2001 AS AMENDED. MOTION PASSED 5-0. 1 C. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -DECEMBER 19, 2001 STAFF RECOMMENDATION: Approve minutes. Councilmember Baker requested that Item 1 C be pulled from the Consent Calendaz. Councilmember Baker requested that the following be added to his comment on page 10, "Vice Mayor Baker referred to several articles he recently read in Western Cities Magazine -December 2001, regarding housing and housing needs. Vice Mayor Baker suggested that his colleagues read them if they have not already done so". BAKER/BOGOSIAN MOVED TO APPROVE COUNCIL MEETING i MINUTES OF DECEMBER 19.2001 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. City Council Minutes 3 January 16, 2002 ID. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -JANUARY 2, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith requested that Item.1B be pulled from the Consent Calendaz. Councilmember Waltonsmith requested that the following be added to her comments on page 8, "Councilmember Waltonsmith expressed her concern with the excessive speeding through the Village. Councilmember Waltonsmith requested that the Public Safety Commission investigate this issue and asked if staff has addressed Dr. Gordon's concerns". WALTONSMITH/MEHAFFEY MOVED TO APPROVE COUNCIL MEETING MINUTES OF JANUARY 2, 2002 AS AMENDED. MOTION PASSED 5-0. Vice Mayor Baker requested that staff try and submit minutes to the Council within sixty days of the meeting. lE. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BAKER/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. IF. REVIEW PLANNING COMMISSION ACTION MINUTES - JANUARY 9, 2002 STAFF RECOMMENDATION: Note and file. BAKER/MEHAFFEY MOVED TO APPROVE ACTION MINUTES OF JANUARY 9, 2002 MOTION PASSED 5-0. 1 G. COMMISSION ATTENDANCE RECORDS STAFF RECOMMENDATION: Accept records. BAKER/Iv1EHAFFEY MOVED TO APPROVE COMMISSION . ATTENDANCE RECORDS. MOTION PASSED 5-0. City Council Minutes 4 January 16, 2002 1H. ADOPT RESOLUTION SUPPORTING "YES ON 42" STAFF RECOMMENDATION: Adopt resolution. Councilmember Bogosian requested that Item 1H be pulled from the Consent Calendar. Councilmember Bogosian asked how this item got placed on the agenda. Mayor Streit responded that it was his request. Councilmember Bogosian stated that it is his understating that currently gas tax money goes into the general fund to be put anywhere the legislation wants it. Councilmember Bogosian stated that currently the City get 20% of the tax to fix streets. Councilmember Bogosian asked how the allocation process would change if Proposition 42 passed. City Manager Anderson responded that a large portion of the gasoline tax goes to transportation issues. Furthermore, City Manager Anderson stated that in recent years there have been debates on whether the money goes to streets, highways, or mass transit. Over the last four or five yeazs most of the money has gone to transportation. BOGOSIAN/WALTONSM[TH MOVED TO ADOPT RESOLUTION SUPPORTING "YES ON 42". MOTION PASSED 5-0. lI. CLAIM OF SARATOGA FII2E PROTECTION DISTRICT; CLAIM NO. GL-053408 STAFF RECOMMENDATION: Reject claim. BAKER/MEHAFFEY MOVED TO REJECT CLAIM OF SARATOGA FH2E PROTECTION DISTRICT. MOTION PASSED 5-0. 1 J. FINANCIAL REPORTS FOR THE MONTHS ENDING DECEMBER 2001 STAFF RECOMMENDATION: Accept reports. BAKER/MEHAFFEY MOVED TO ACCEPT FINANCIAL REPORTS FOR THE MONTHS ENDING DECEMBER 2001. MOTION PASSED 5-0. City Council Minu[es 5 January 16, 2002 1K. CONSIDER JOINING AMICUS BRIEF IN CHAPTER COMMUNICATION V. COUNTY OF SANTA CRUZ, C99-1874 WHA (N.D. CAL.) REGARDING ATTORNEYS FEE AWARAS STAFF RECOMMENDATION: Approve request to join amicus brief. BAKER/IVIEHAFFEY MOVED TO APPROVE REQUEST TO JOIN AMICUS BRIEF. MOTION PASSED 5-0. Mayor Streit noted that it was not the appropriate time to begin the Public Heazings and requested to move to Item 4. Consensus of the Council to move to Item 4. OLD BUSINESS 4. CLAIM OF PATRICK LEUNG; CLAIM NO. GL-0053005 STAFF RECOMMENDATION: Reject claim. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported that on Apri130, 2001, a former assistant planner approved the submittal of a single story, 3,361 square foot dwelling to be submitted for building permits without being subjected to Administrative Design Review. The existing dwelling is 2,980 squaze feet on a 13,873 square foot lot. According to the Sazatoga Municipal Code the proposed project needed Administrative Review. Director Sullivan noted that it was the former staff's interpretation that if a replacement house was less than 50% greater in size than the original dwelling that it was exempt from Design Review. Director Sullivan noted that he facilitated a meeting between the applicant, the designer and the concerned neighbors. Minor adjustments to the proposed dwelling were agreed to and these changers were memorialized via letters to all interested parties. The $680.00 of increased costs are not City fees, but chazges Mr. Leung's architect is chazging him. Director Sullivan noted on August 20, 2001 the claimant presented a claim for damages regazding his project. As a result of the demands of the City the claimant asserts he incurred additional planning and copy chazges totaling $680.00. Mayor Streit asked if in most cases when a project goes through the design review process there are changes in the plans. City Council Minutes 6 January 16, 2002 Director Sullivan responded that most of the tune there are changes after the design review process. Mayor Streit asked if once staff found the error was extra effort made to get this project through the process properly. Director Sullivan responded yes. Councilmember Mehaffey publicly apologized for all the problems the City has had over the past two years with errors the Planning Department has made prior to the hiring of Director Sullivan. BAKER/WALTONSMITH MOVED TO REJECT CLAIM OF PATRICK LEUNG. MOTION PASSES 5-0. PUBLIC HEARINGS APPEAL OF AN ADMINISTRATIVE DECISION TO REQUIRE SOUND MITIGATION DR. JOHN OLIVER, PROPERTX OWNER 12240-12250 SARATOGA-SUNNYVALE ROAD STAFF RECOMMENDATION: Open public hearing; close public hearing; deny the appeal and uphold Resolution 91-03. Director Sullivan explained that the appellant requests that the Council rescind Resolution 91-03 adopted on January 16, 1991. Resolution 91-03 requires the construction of an eight-foot masonry wall along the rear property line between the subject commercial property and the adjoining residential district. The subject property is occupied by several businesses. Director Sullivan explained that in 1991 the Planning Director's decision to require the masonry wall at the subject commercial property was appealed to the City Council by the property owner. The City Council upheld the decision and adopted the resolution. Director Sullivan explained that in 2001, the appellant approached him and requested that he review the requirement. After reviewing the project, Director Sullivan stated that he upheld the Planning Commission's decision that the sound wall is necessary to mitigate the noise generated by the businesses. Director Sullivan noted that an acoustical analysis of the noise generated by barking dogs, was performed by Edward L. Pack and Associates on November 7, 2000 and included in the staff report. The results of the acoustical analysis revealed that noise levels generated at the property exceeds the limits of the noise ordinance. To achieve compliance with the City's Noise Ordinance, the following • noise mitigation measure was recommended: Construct aneight-foot high acoustical-effective barrier along the property line contiguous with the residences to the east. City Council Minutes '7 January 16, 2002 Mayor Streit opened the public hearing at 7:30 p.m. Jolie Huston, Berliner Cohen, 10 Almaden Blvd. San Jose, CA, noted she represented Dr. Oliver. Ms. Huston explained that her client hoped he would have settled this matter without coming before the City Council. Ms. Huston noted that her client is willing to build a wood barrier but when they submitted the proposal to the neighbor he offered a counter proposal of a fence that is more expensive than a masonry wall. Ms. Huston noted that the need for a noise bazrier has been greatly reduced. Ms. Huston noted that the nuisance activity that was there 10 yeazs ago no longer exists at the property, a masonry wall is no longer necessary. Ms. Huston noted that in the past ten years Dr. Oliver has done a lot to mitigate some of the nuisance activity at the property. Ms. Huston noted that Dr. Oliver has evicted several tenants and installed enclosed trash containers: Ms. Huston noted that her client is willing to extend the existing fence, but feels a masonry wall is overkill at this time. Vice Mayor Baker and Councilmember Waltonsmith both asked why the City Council's direction was not carried out 11 yeazs ago. Ms. Huston responded that Dr. Oliver tried to mitigate the problems himself. Dr. John Oliver, PO Box 729, Mendocino, CA, briefly described the history of the property regarding the tenants and his noise mitigation efforts. In response to Vice Mayor Baker and Councilmember Waltonsmith's question, Dr. Oliver noted that he knew he had plans on mitigating the noise himself and felt the concrete barrier was not necessary after the sound engineers report was completed. Dr. Oliver also commented that a masonry wall was very expensive so he felt it would be cheaper to remove the problems on his property rather than build the wall. Vice Mayor Baker reiterated the fact that Dr. Oliver decided to ignore the Council's direction eleven years ago and take the matter in his own hands and not build the wall. Vice Mayor Baker asked Dr. Oliver why he did not discuss other options to abate the noise with the City Council eleven yeazs ago instead of building a masonry wall. Dr. Oliver responded he did not remember what happened eleven yeazs ago. Dr. Oliver noted that spending $15,000 on a masonry wall would have been a waste of money because he knew he was taking steps to eliminate the noise himself. Dr. Oliver stated that currently he has been trying to work with Mr. Mallory to build an esthetically pleasing wall, but unfortunately Mr. Mallory is insisting on a masonry wall. Mayor Streit stated that it took Dr. Oliver 3-5 yeazs to remove all the tenants that caused the noise problems after the Council directed the construction of the wall. Jeff Walker, 20451 Seagull Way, stated his property abuts commercial property and noted that he supports masonry walls because of safety hazazds and the effective noise mitigation. City Council Minutes g January 16, 2002 John Mallory, 12258 Kirkdale Drive, noted that he has lived at this address since 1967 and during this time he has had many. problems with Dr. Oliver's property such as: • Security problems • Large trucks • Dead trees • Poorly maintained landscaping • Stacked material along fence, which in turn is destroying the fence Mr. Mallory noted that Dr. Oliver is not a good neighbor and requested that the Council uphold the 1991 resolution requiring Dr. Oliver to build a masonry wall, Mr. Mallory noted that a masonry wall along the entire length of their property would match the other neighbor's walls. Sue Mallory, 12258 Kirkdale Drive, requested that the City Council uphold the 1991 resolution and require Dr. Olive to build a masonry wall. Ms. Huston noted that she contacted City staff and was only told that there have only been three complaints in the last ten years at this property. Dr. Oliver is willing to continue the existing barrier. Responding to Mr. Mallory's concerns on the security of the property, Dr. Oliver stated that there has only been one occasion when the police was called to his property for a domestic violence situation. Dr. Oliver noted tlia£Mc.,Mallory's property has never been in danger. Dr. Oliver noted that in response to the trees, he has them cut regularly. Councilmember Mehaffey noted that he puts some of the blame on the City for not following up Council's decision eleven yeazs ago. Councilmember Mehaffey noted that he supports the construction of a concrete masonry wall. Councilmember Waltonsmith noted that as she drove along Saratoga-Sunnyvale Road she noticed that at Azule Crossing the barrier between the businesses and the houses was a masonry wall. Director Sullivan noted that a masonry wall is now a standazd improvement with new projects, which also includes landscaping. Councilmember Waltonsmith asked what guazantee does the Council have that the wall will be built in a timely manner. Director Sullivan responded that the City's Code Enforcement Officers would make sure the wall is constructed in the agreed amount of time, if the wall does not get built it could be declared a nuisance. Mayor Streit closed the public hearing at 8:00 p.m. Ciry Council Minu[es 9 January 16, 2002 Councilmember Bogosian noted that he sympathizes with Dr. Oliver on the expense he has to incur, but the wall should have been built 10 yeazs ago. Councilmember Bogosian noted that he supports denial of the appeal. Councilmember Bogosian requested that the City enforce the construction of the wall in a timely manner. Vice Mayor Baker noted that any decision made by the City Council or the Planning Commission should not be ignored by an applicant and then try to come back ten yeazs later and ask the Council to rescind the original resolution. Vice Mayor Baker stated that he supports denial of the appeal. Mayor Streit stated that he concurred with his colleagues and added that there are even more reasons to build a masonry wall today. BAKER/MEHAFFEY MOVED TO DENY THE APPEAL AND UPHOLD RESOLUTION 91-03. MOTION PASSES 5-0. 3. USE OF CITY PARKS FOR RECREATIONAL SPORTING EVENTS: DRAFT PARKS AND RECREATION ORDINANCE STAFF RECOMMENDATION: Conduct public heazing; waive the second reading; approve ordinance. TITLE OF ORDINANCE: 202 ORDINANCE OF THE SARATOGA CITY CODE CONCERNING PARKS AND RECREATION Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that on December 19, 2001 the Council approved the first reading of the ordinance to (1) prohibit objects from being hit or thrown into public rights of way neaz City pazks, (2) clarify the City's authority to enter into season-long agreements with AYSO, Little League Baseball, and other groups, subject to conditions imposed by the Director of Parks, and (3) make several technical "clean-up" amendments to the Code. City Attorney Taylor reminded the City Council that at the first reading the Council revised the ordinance to state that the group permit requirement applies to any "publicly advertised" assemblage rather than a "pre-advertised" assemblage. The Council also directed that the City Parks and Recreation Commission consider the ordinance. The Commission considered the ordinance at its meeting of January 7, 2002 and proposed no changes to the ordinance. Mayor Streit opened the public hearing at 8:10 p.m. and invited any public comments. City Council Minutes 1 p January 16, 2002 Mayor Streit closed the public hearing at 8:11 p.m. BAICER/BOGOSIANMQVED TO WAIVE THE 2ND READING OF THE ORDNANCE. MOTION PASSED 5-0. BAKER/BOGOSIAN MOVED TO APPROVE PARKS AND RECREATION ORDINANCE. MOTION PASSED 5-0. Mayor Streit declared a 5 minute break at 8:15 p.m. Mayor Streit reconvened the meeting at 8:20 p.m. NEW BUSINESS CONGRESS SPRINGS PARK-APPROVAL OF USER AGREEMENTS AND DISCUSSION OF USER FEES STAFF RECOMMENDATION: Adopt resolution and authorize City Manager to execute agreements. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that currently organized youth sports groups pay a lump sum User Fee of $1,500 a year for the use of Congress Springs Park. The proposal before the Council is to change the current structure into two sepazate fees, a maintenance fee and a use fee. Director Cherbone noted that representatives from AYSO, Sazatoga Little League, and Saratoga Pony League participated in two public meetings with the Parks and Recreation Commission to discuss the amount of the User Fee. Director Cherbone explained that the maintenance fee is based on the additional pazk maintenance that will be needed to keep the park well maintained given the high annual use it receives, and will be reviewed on an annual basis. AYSO and Little League each have different needs and place different demands on the park's infrastructure, thus they have different maintenance fees. The fee for AYSO and Little League are $12,306 and $8, 11. The maintenance fee for Saratoga Pony League is included in the Little League's fee. Director Cherbone explained the Parks and Recreation Commission recommends a use fee for the use of the park in the amount of $15.00 per person (resident) and $25.00(non-resident). Director Cherbone noted that staff has identified the following options: 1. Council could waive payment of both fees for Saratoga Little League and Sazatoga Pony League for a period of three years in consideration of their donations to the Saratoga Youth Sport Fund. Saratoga Little League has donated $156,700 and Pony League has donated $60,000. 2. Since the Pazks and Recreation Commission will be working on a comprehensive examination of all parks and Recreation fees in conjunction City Council Minutes 11 January 16, 2002 with the FY 02-03 budget, Council could revisit the use fee at that time. 3. Develop a sinking fund for each sports group based on the amount each group donated to the Sazatoga Youth Sports Fund. The sinking fund would then be withdrawn annually against the amount of fees charged. Director Cherbone also noted that staff is requesting that Council approve the two user agreements between the City of Sazatoga, Saratoga Little league and Sazatoga Pony League. Once the agreements are executed they would give the two groups the rights to use the pazk. Councilmember Waltonsmith requested clazification between what maintenance fees and use fees aze. Director Cherbone explained that maintenance fees cover additional cost beyond the normal use of the park and use fees aze paid to rent out a city owned facility. Director Cherbone noted that the user groups support the maintenance fee, but as far as the use fee there are still some questions on the dollar amount. The Parks and Recreation Commission have looked at the issues, held two public meetings, and are recommending a $15 dollar per head use fee. Councilmember Bogosian asked if the fees collected go back into the City's General Fund unrestricted. • Director Cherbone responded that the money goes back into the General Fund unrestricted, but could be restricted if directed by Council to do so. Elaine Clabeaux, Chair/Pazks and Recreation Commission, 12357 Saraglen Drive, noted that Council directed the Pazks and Recreation Commission to examine all use fees throughout the City. The Pazks and Recreation Commission started with Congress Springs Park because of the need to get signed user agreements. Chair Clabeaux explained that tonight she would like to read a letter which was unanimously approved by the Pazks and Recreation Commission explaining the history behind the renovation of Congress Springs Park and the process they used to come to a consensus on the use and maintenance fees. Chair Clabeaux explained that a year ago the Pazks and Recreation Commission was tasked with the problem of with field quality and the safety at Congress Springs Park. The Parks and Recreation Commission knew if something was not done at Congress Springs Pazk the City could face possible liability issues. After the Pazks and Recreation Commission and others reviewed Congress Springs Park, it was determined that a complete renovation was needed. The Pazks and Recreation Commission then committed $600,000 of Park Development funds towazds the project. A Task Force was formed to address the details, which included three members from the Parks and Recreation Commission, John Cherbone, Cary Bloomquist, Nick Streit, representatives from AYSO, CYSA, Pony, Little League, and any interested citizens. City Council Minutes ] 2 January 16, 2002 Chair Clabeuax sited the following facts in regazds to the steps taken to develop Congress Springs Pazk: • Ideas for the park ranged from a showcase facility only to be used on weekends or a turf overhaul. • Due to the general lack of facilities and the interest of the user groups, it was agreed the field should be able to handle high stressed use six days a week. • An agronomist was contracted to advise on the project. The recommendations from the agronomist included a specific type of turf that would be able to withstand this type of heavy usage. • This turf is not used anywhere else in the City so new equipment has to be purchased to maintain the fields. • Tennis and the basketball courts were to be moved to other facilities in order to make room for more fields. • Determined that a fulltime maintenance worker had to be hired to maintain the field and also to help police the usage. • A Landscape Architect was hired to design a park for the specific usage • Bids went out and the cost came back twice as high as the budgeted amount, approximately $2 million. • Council allocated $1.2 million of pazks and general funds to the project. The remaining amount was to be funded by donations from the user groups. • A donation brochure was developed and a small number of donations were received. • After several pleas the user groups finally donated funds. Chair Clabeuax noted that Congress Springs Pazk is almost completed and the next task the Parks and Recreation Commission had to address was the use and maintenance fee. The Pazks And Recreation Commission deliberated two issues: I) should there be a fee at a112) what the unit of measure would be. Chair Clabeuax noted that use fees aze not new to the City. Chair Clabeuax explained that if someone wants to rent any City owned facility they have to pay three fees I) $25 processing fee, 2) $300 refundable security deposit to cover possible damage to the facility 3) a rental fee determined on the facility being rented. After reviewing all the rental fees the City charges it was determined that the average is about $1.00 an hour. Chair Clabeuax asked the question why charge a use fee. Chair Clabeuax stated that a use fee generates funds that could be used to complete the renovation according to the Master Plan, help pay for future renovations, help pay for the maintenance of the park, and replenish park development funds. Chair Clabeuax noted that use fees should be obtained from the people benefiting from the park, which is about 6% of the population. Chair Clabeuax noted that the Parks and Recreation Commission wanted to charge a fair method that represented the amount of time and the wear and tear on the Ciry Council Minutes 13 January 16, 2002 facility. The only unit of measurement that met this criterion was a fee per player. Chair Clabeuax stated that 40 cities were polled and half of those chazged a fee. The average charge per head was $20,00. The Pazks and Recreation Commission held two public meetings to discuss the use fee. After the second public input meeting and after a lot of deliberations the use fee was set at $15.00 and non- resident use $25.00. Chair Clabeuax noted that the Parks and Recreation Commission also discussed the proposed deferment of the use fees based on capital improvement donations by the user groups. Chair Clabeuax sited the specific donations made to capital improvements not for sports specific items. Chair Clabeuax noted the Parks and Recreation Commission was recommending to off set the use fees equal to the amount of the contributions donated to the City for capital improvements. Chair Clabeaux expressed that a user fee needs to be determined tonight in order to credit the user groups for money contributed. The Pazks and Recreation Commission would agree with deferring the fees up to three years, but encourage the Council to set the use fee tonight. Councilmember Waltonsmith asked when all the use fees aze reviewed would the Parks And Recreation Commission go back and review Congress Springs Park. Chair Clabeaux responded if Council desires them to do so they would review the fees for Congress Springs Pazk. Councilmember Cherbone asked what specialty equipment would need to be purchased for Congress Springs Pazk. Director Cherbone explained that specialty equipment to maintain the grass needed to be purchased, which totaled approximately $120,000. Mayor Streit noted that Saratoga Little League donated $156,000 and Pony contributed $60,000. Mark Linsky, President/AYSO, 14240 Bazksdale Court, noted that he struggled with the need of a user fee, but came to the conclusion that the fees should exist. Mr. Linsky noted that in most cities one or the other fee is chazged not both. Mr. Linsky briefly described the beliefs and practices of AYSO. Mr. Linsky stated that Sazatoga soccer provides a great service to the City and brings increased values to every homeowner in Saratoga. Mr. Linsky noted that it seems incongruous to charge Saratogans who use Saratoga pazks in such a valued way that does not cost the City any more because of the maintenance fees. r1 1.. J City Council Minutes 14 January 16, 2002 Councilmember Mehaffey stated that prior to this year, AYSO paid $1500 for approximately 1000 players, would the additional fees be passed on to the players. Mr. Linsky responded that the fees would not be passed on to the players; it is in their budget. Councilmember Mehaffey asked what the cost for a youth to participate in AYSO. Mr. Linsky responded that the registration fee is $100.00. Eazly registration is $50 -$75. Keith Simon, President/Saratoga Little League & Board member/Pony League, 20450 Montalvo Lane, noted that this agreement should have been discussed prior to the park renovations. Mr. Simon noted that Little League fees would go from $1,500 to $15,000 for the use of Congress Springs Pazk. Mr. Simon requested that the Council defer the fees for three years. Mr. Simon noted that lack of maintenance was one of the factors that caused the deterioration of Congress Springs Park. Mr. Simon noted that when the donations were not coming in as strong as they hoped Pony and Little League stepped up and donated $220,000. Mr. Simon personally thanked Director John Cherbone for all his help during this project. Mr. Simon requested that the City Council consider deferment of the fees for three years. Mr. Simon commented that their registration is down this year from 470 to 420. Tony Marsh, 13676 Bonnie Way, noted that he has lived in Saratoga for 23 years, has four kids, and have all participated in organized sports. Mr. Marsh noted that he feels City parks are the greatest benefits we have as a community. `Mr. Marsh noted that he does not support chazging a fee to use City parks. Tom Soukup, 12340 Goleta Avenue, noted that his concern is the ongoing maintenance of Congress Springs Park. Mr. Soukup stated that it is his understanding that the annual maintenance for this park is going to be roughly $100,000. Mr. Soukup pointed out that he doesn't feel the maintenance fee is high enough to cover costs and requested that the Council restrict the funds to be spent only on Congress Springs Pazk. Mayor Streit asked if the Council decides to waive the fees for three years is it necessary to set the use fee tonight. Director Cherbone responded that the fees would not matter if the Council does not base the deferral on a specific number or a sinking fund. Councilmember Mehaffey noted that there has been a good discussion on this item and appreciated the interested parties for coming to tonight's meeting. Councilmember Mehaffey stated that Congress Springs Park is not a general use park; it was designed for specific uses. Councilmember Meahffey noted that he supports the maintenance fee and suggested the user fee be $10.00 and the money received be restricted to provide amenities for Congress Springs Park and not be put back into the General Fund. Councilmember Mehaffey noted that he supports City Council Minutes j g January 16, 2002 waiving the use fees for three years for the groups who contributed money to the pazk, but noted that the maintenance fee should be charged from the beginning. Councilmember Waltonsmith concurred with Councilmember Mehaffey that Congress Springs Park is a specialty use pazk. Councilmember Waltonsmith noted that she feels $15.00 is a reasonable use fee. Councilmember Bogosian noted that Congress Springs Pazk is for a specific use. Councilmember Bogosian noted that he agrees with the speaker who stated that organized sports benefit the community. - Councilmember Bogosian noted that he thinks the $15.00 user fee could be negotiated downwazd and stated he supports deferring the user fees for three years, implement the maintenance fee from the beginning and restrict the money for uses only for uses for Congress Springs Pazk Vice Mayor Baker noted that the Parks and Recreation Commission has worked diligently to give the Council their best recommendation for a user fee of $15 and noted that he supports their recommendation. Vice Mayor Baker noted that he also supports deferring payment of the user fee for three years based on the contributions made by AYSO, Pony League, and Saratoga Little League. Vice Mayor Baker concurred with Councilmember Waltonsmith's suggestion that the Pazks and Recreation Commission revisit the fees set for Congress Springs Park after they have completed their review of all the City use fees. Mayor Streit noted that he does not agree that the user fee should be set tonight if the City waives the fee for three years. Mayor Streit noted that the fee should be set after the Pazks and Recreation Commission has completed their study. Mayor Streit commented that both the user and the maintenance fees should be waived for three yeazs because of the substantial funds these three major user groups have donated. Mayor Streit noted that although a lot of money was spent. for specialty uses but he disagrees that it is a specialty park because of the great picnic areas, flat grass; and all the other added amenities. Councilmember Mehaffey commented that he agrees wit Mayor Streit that setting the price for the use fee should be postponed until after the Parks and Recreation Commission completed their study. Councilmember Mehaffey made the motion to approve the maintenance fee and waive any use fees for three years and direct the Parks and Recreation Commission to come up with a unified fee structure for Saratoga. Vice Mayor Baker noted he could support that motion. Councilmember Bogosian and Councilmember Waltonsmith noted that they cannot support Councilmember Mehaffey's motion because they feel that the use fee should be set tonight. City Council Minutes 16 January 16, 2002 City Attorney Taylor noted that tonight the only issues Council can vote on is the maintenance fee and the use fee for the agreements before them tonight, not for along-term fee schedule. City Attorney Taylor explained that if the City Council decides to waive either the maintenance or use fee, Section 4 of the proposed agreement should read as follows " In recognition of donations that have been made, no maintenance or use fee be chazge for the duration of the agreement". CityAttorney Taylor noted that adding this statement makes it cleaz that there are such fees, but are not charged this yeaz. A discussion took place amongst the City Council in regards to expiration date for the contract. City Attorney Taylor noted that for planning purposes it would help the user groups if the use fee were set tonight so they can plan their budgets. Councilmember Mehaffey withdrew his previous motion. Mayor Streit noted that he strongly supports waiving both fees for three yeazs and also execute the contracts for three yeazs. Councilmember Mehaffey noted that he could support athree-year agreement but disagrees with waiving the maintenance fee. Councilmember Mehaffey noted that the donations that have been collected have been spent on amenities for the three user groups, public funds should not be going to the maintenance of this park, the user groups should be paying for it. Councilmember Waltonsmith noted that the Council should accept the agreements with the proviso that the maintenance fee is charged, execute the agreement for three years, accept the user fee at $15, and waive the use fee for three yeazs. Councilmember Bogosain noted that he concurred with Councilmember Waltonsmith and strongly stated that he is not willing to drop the maintenance fees. BAKER/BOGOSIAN MOVED TO APPROVE THE USER AGREEMENTS WITH PONY LEAGUE AND SARATOGA LITTLE LEAGUE FOR THREE YEARS, APPROVE THE MAINTENANCE AND USER FEES RECOMMENDED BY THE PARKS AND RECREATION COMMISSION, THEY HAVE COMPLETED THEII2 STUDY ON ALL CITYWIDE USE FEES. MOTION PASSED 4-1 WITH STREIT OPPOSING. City Council Minutes 1 ~ January 16, 2002 6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURE SERVICES WITH MPA DESIGN IN CONNECTION WITH THE AZULE PARK IMPROVEMENT PROJECT STAFF RECOMMENDATION: Authorize City Manager to execute agreement. Cary Blooritquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that Request for Proposals were sent out in November to landscape architects for professional planning and design services for the development df Azule Park. Interviews of the five qualified firms were held on January 2, 2002. Analyst Bloomquist noted that MAP Design and Amphion, Inc. were the top candidates. Analyst Bloomquist reported that after references were checked and after speaking to each firms' Principal, MPA Design was clearly more motivated to take on the project and made an unsolicited offer to reduce their fees by $5,000.00. Staff then asked if they would lower their offer by an additional $8,700.00 for a final cost proposal of $67,000. Analyst Bloomquist noted that the Parks and Recreation Commission reviewed MPA Design's proposal and chose them as the top candidate for the Azule Park Improvement Project. Thomas Soukup, 12340 Goleta Avenue, encouraged Council to move forward with this contract. Mr. Soukup noted that he and his wife had the opportunity to review the material provided by MPA Design and after reviewing the documents were quite impressed with them. BAKER/MEHAFFEY MOVED TO APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURE SERVICES WITH MPA DESIGN IN CONNECTION WITH THE AZULE PARK IMPROVEMENT PROJECT NOT TO EXCEED $69,500. MOTION PASSED 5-0 CONSIDERATION OF INITIATING A STUDY TO CREATE A SINGLE STORY ZONING OVERLAY REQUHtEMENT FOR THE BROOKVIEW AND SARATOGA WOODS NEIGHBORHOODS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-003 & 02-004 RESOLUTION OF THE CITY COUNCIL INITIATING PROCEEDINGS TO AMEND THE ZONING CODE OF THE CITY OF SARATOGA City Council Minutes 1 g January 16, 2002 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reminded the City Council that last spring the Planning Commission considered an application to allow a second story addition to a dwelling in the Brookview neighborhood. This application was granted by the Planning Commission and then appealed to the City Council. The City Council overturned the Planning Commission's approval. The appeal process brought out large numbers of property owners of the azea. Staff has had discussions with the neighbors who filed the appeal with regazds to how to change the zoning so that they did not need to be so vigilant. The concept of a single story overlay restriction was suggested. Director Sullivan noted that Vice Mayor Baker has also discussed this issue with staff. Through those discussions it was determined that this has been an ongoing issue in both the Brookview and Saratoga Woods neighborhoods. Director Sullivan explained that both of these neighborhoods are predominately single story dwellings. Staff has attached copies of maps indicating where two story structures exist to the proposed resolutions. The maps distinguish between original construction and newer additions. The Brookview neighborhood had three original 2-story dwellings and has had 13, second story additions constructed over the years. There are a total of 323 dwellings in the Brookview neighborhood. In Saratoga Woods, there were 26, original 2-story homes, this includes three that finished attics above the garages. In Sazatoga Woods, there have been seven- second story additions. There are 394 dwellings in the Saratoga Woods neighborhood. Director Sullivan added that during the appeal hearing of the Polumbo's proposed second story addition at 19208 Brookview Drive there was overwhelming sentiment to overturn the approval of the project. A poll needs to be taken to determine what the level of support there is to have the City adopt regulations restricting the neighborhoods to single stories. Staff suggests the use of mail-in post cards with a.simple explanation of what is involved and an opportunity to vote, yea or nay. Unless there is substantial property owner support, it might not be wise to move forward with such a restriction. Director Sullivan stated that the existing two story dwellings should be specifically exempted from any provision limiting the area to single stories so as not to create non-conforming structures. This should also be explained in the information regarding the poll. Councilmember Bogosian asked Director Sullivan if he has ever seen this kind of request in his career. Director Sullivan responded that in a past position he has prepared a zoning overlay that prescribed the exact height per lot so that the surrounding neighbors' views of the ocean were not blocked. City Council Minutes 19 January 16, 2002 Councilmember Bogosian asked if this. is a change in the General Plan. Director Sullivan explained to the Council this would be a zoning overlay that restricts the height to single story in those prescribed neighborhoods. Councilmember Bogosian asked Director Sullivan if a person bought a home in these particular neighborhoods with the hope of someday adding a second story and if this overlay passes, that property owner would not be allowed to do so. Director Sullivan explained the homeowner would be limited to a single story addition unless a future Council rescinds the resolution. Director Sullivan noted that this is why a poll of the neighborhood is extremely important. Councilmember Bogosian asked who was going to write the poll. Director Sullivan responded that he would be writing the poll explaining the proposed overlay. Director Sullivan noted that this is the only way the City Council would find out what homeowners want. Councilmember Mehaffey noted that Lolly Drive is predominately atwo-story neighborhood and suggested excluding this particular area from the overlay. Director Sullivan noted that it is his understanding that this subdivision was one of the last one constructed by J. Lohr and annexed into the neighborhood. Director Sullivan added that Council has the authority to direct staff to leave this azea out. Vice Mayor Baker explained the history behind that particular area that Councilmember Mehaffey referred to. Vice Mayor Baker noted that there are 14 two-story homes out of 36 homes in the subdivision built by J. Lohr. None of the two-story homes back up against the original Sazatoga Woods track. Vice Mayor Baker noted that there aze five two-story homes out of 12 on Lolly Court, which is the most recent subdivision, built by Pinn Brothers. Pinn Brothers negotiated with the Saratoga Woods Homeowners Association on how many homes could be two- story. Vice Mayor Baker noted that there aze a total of 394 homes in Saratoga Woods track which includes five original two-story homes, 14 two-story homes that were added in the J. Lohr track, five two-story homes added by Pinn Brothers, and seven remodels. Councilmember Waltonsmith noted that she would rather leave those areas in the poll. Their response cazd would tell the City if they are interested or not. Vice Mayor Baker noted that he would not recommend excluding those areas from the proposed overlay. Vice Mayor Baker noted that he believes there are six sets of CCR's in the Saratoga Woods neighborhoods. Vice Mayor Baker noted that he has never seen CCR's for the J. Lohr and Pinn Brothers subdivisions. All of the CCR's call for single story, ranch style homes. City Council Minutes 2p January 16, 2002 Mayor Streit asked if these overlays go forward and family needs change could the City consider relaxing the squaze footage covered on the first floor and rear setbacks. Director Sullivan noted that squaze footage coverage is somewhat relaxed already compared to some other areas in the City. Councilmember Mehaffey noted that he is uncomfortable including the J. Lohr and Pinn Brothers subdivision in the poll. Other than that he is for the overlay. Steven Blanton, 345 S. San Antonio Road, Los Altos, noted that he represented the Silicon Valley Association of Realtors and offered his assistance in this proposed overlay. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION INITLATING A STUDY TO CREATE A SINGLE STORY ZONING OVERLAY REOUIItEMENT FOR THE BROOKVIEW AND SARATOGA WOODS NEIGHBORHOOD. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION INITIATING A STUDY TO CREATE A SINGLE STORY ZONING OVERLAY REOUII2EMENT FOR THE SARATOGA WOODS NEIGHBORHOOD. MOTION PASSED 5-0: 8. ECONOMIC DEVELOPMENT OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Danielle Surdin, Economic Development Coordinator, presented staff report. Coordinator Surdin explained that on October 4, 2001 Council created an Economic Development Coordinator position in order to facilitate economic revitalization efforts in the City of Saratoga. In May 2001, Coordinator Surdin noted she was hired. Coordinator Surdin noted that in the last six months staff has been focusing economic efforts on business retention and promotion, developing personal relationships within the business community, and has been developing mazketing materials to create basic promotional material. Coordinator Surdin explained that the Village Lighting project has been completed, the Village Streetscape Improvements aze ready to present to the Sazatoga Business Development Council (SBDC), and staff has been working with consultants on the Gateway Taskforce. At the request of the City Council, Coordinator Surdin noted that staff is presenting options for future economic development efforts and outlining the roles and function of several local economic development organizations to accomplish City Council Minutes 21 January 16, 2002 these tasks. Staff has provided Council a vaziety of economic development options under the three categories of new business attraction, local business retention, and promotion. Coordinator Surdin briefly presented options and strategies for new business attraction such as working with commercial real estate brokers and commercial builders to attract desirable businesses to the community and form a new business incentive program. Coordinator Surdin briefly presented options and strategies for local-business retention such as disseminating information and alerting business to businesses assistance programs and creating a quarterly business newsletter highlighting marketing tips, sale techniques and other business related activities. Coordinator Surdin briefly presented promotional options and strategies for local businesses. She noted that through effective mazketing materials, advertising, and special events the City could help make residents familiaz with what our business community has to offer. Coordinator Surdin described various promotional ideas such as: • Marketing portfolio • Website tour of Saratoga • Special events to draw residents into the commercial district Coordinator Surdin explained that the Economic Development program should focus and build civic-minded broad-based relationships with the local community's key players such as the Chamber of Commerce, West Valley College and the Saratoga Business Development Council. Councilmember Bogosian commended Coordinator Surdin on a great presentation. Councilmember Bogosian commented on new business attraction and asked if using tax revenues would be a good indication if the City was successful in attracting new businesses. Coordinator Surdin responded that in the cities she has worked before, tax revenues were usually the first and foremost tool to judge the success of new business attraction. Councilmember Waltonsmith concurred with Councilmember Bogosian on the presentation and noted that she supported Coordinator Surdin's efforts in getting to know the business groups and supports the business retention and promotional options. In regards to business attraction, Councilmember Waltonsmith noted that the City has to look at this very judicially if the city goes after tazgeted businesses attraction. Councilmember Waltonsmith reminded Council Patrick James has worked only because it was a destination business, known outside of Saratoga, and because of the contract they had with the city, we were guaranteed to get our money back. City Council Minutes 22 January 16, 2002 Coordinator Surdin noted that brokers aze her best contacts; it is in their best interest to work with the cities. Vice Mayor Baker stated that Sazatoga has many real estate offices, which pay no sales tax. Councilmember Mehaffey suggested that Coordinator Surdin pinpoint her efforts on the azeas where she could make the biggest difference. Councilmember Mehaffey noted that business attraction, retention, and promotion are all important but maybe not to the extent that is listed in the staffreport. Coordinator Surdin responded that with Council direction she could come back with a proposal. Councilmember Bogosian concurred with Councilmember Mehaffey and added that he supports business attraction and suggested Coordinator Surdin identify the most effective use and role of the vazious key members in the community and suggested that their roles be clearly defined. Mayor Streit noted that he thinks Sazatoga needs a better mix of businesses and not concentrate on how much sales tax a business could provide to the City. Mayor Streit stated that the City of Saratoga has several great assets to offer a visitor such as Hakone Gazdens and Villa Montalvo and suggested that package tours might be away to raise the Transient Occupancy Tax (TOT). . Councilmember Bogosian noted that the City cannot rely on the promotion of the existing businesses; the City has to consider bringing in new businesses and possibly a franchise as long as it fits the chazacter of Saratoga. City Manager Anderson noted that the sales tax is relatively flat and TOT is down $100,000. City Manager Anderson noted that the hotel occupancy is down from 80% to 40%.. City Manager Anderson noted that Coordinator Surdin could work with the travel agents to promote Sazatoga as a destination city utilizing the City's spas, music venues, restaurants and hotels. 9. COMMISSION ELIGTBII.ITY REQUII2EMENTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that the City of Saratoga has never memorialized by resolution or by policy establishing eligibility requirements for the City's Commissions and/or Committees. City Clerk Boyer explained that in the past the City has requested that an applicant be a resident of the City of Saratoga and at least 18 years old. The exception to the age requirement has been the Youth Commission and the exception to residency City Council Minutes 23 January 16, 2002 requirement has been that one member of the Library Commission is allowed to be from Monte Sereno. City Clerk Boyer noted that staff conducted a statewide survey requesting information regarding commission and committee eligibility requirements. Upon reviewing the information, staff has concluded that the following requirements were the most consistent requirements amongst the cities that responded to the request. Vice Mayor Baker noted that he strongly supports all of the recommendations listed in the staff report. Vice Mayor Baker noted that he would support a policy allowing Council to remove a commissioner if that person does not fulfill their obligation either by participation or attendance. Councilmember Bogosian noted he supports the requirements of being a registered voter and a resident of the City. Councilmember Waltonsmith noted that she does not support the limitation of the number of commissions a person may serve on. Councilmember Waltonsmith noted that she supports the requirement of being a registered voter. City Attorney Taylor- noted that Council's direction tonight gives the City an opportunity to update the City's Municipal Code and bring this item back as an ordinance which can include eligibility and rules of procedure so all the commissions are operating under the same set of rules. Councilmember Bogosian requested that Council liaison rules also be addressed sometime in the future. Councilmember Bogosian noted that aze no guidelines on how Councilmembers interact with the commissions Consensus of the City Council to direct staff to include the following requirements in a Commission eligibility requirements policy: • Register voter • Resident of the City of Saratoga • Applicant must attend a commission meeting prior to participation of the interview process COMMISSION ASSIGNMENT REPORTS Councilmember Mehaffey had no reportable information. Mayor Streit had no reportable information. Vice Mayor Baker noted that he attended his first Finance Commission meeting. Vice Mayor Baker reported that the Commission is working on developing Mission Objections and reviewing the Mid Yeaz Budget. Ciry Council Minutes 24 January 16, 2002 Councilmember Bogosian noted that the Heritage Preservation Commission was preparing for the Mustazd Walk scheduled for February 10, 2002. Councilmember Waltonsmith noted the Arts Commission would hold its first meeting in February 2002. CITY COUNCIL ITEMS Councilmember Bogosian requested that staff prepare a summary of progress of the Construction Noise Ordinance that was passed last year. Councilmember Mehaffey requested that the projection screen be elevated higher so everyone could see it better. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Streit adjourned the meeting at 11:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 25 January 16, 2002 J SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: 2~ ORIGINATING D T: 'tv anager CITY MANAGER: ~~G~--~- PREPARED BY: ' DEPT HEAD: SUBJECT: City Council Minutes -_.J RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regulaz meeting -February 20, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes February 20, 2002 t- MINUTES SARATOGA CITY COUNCIL FEBRUARY 20, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative ConferenceRoom, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Sazatoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Court No. CV-803540) MAYOR'S REPORT ON CLOSED SESSION - 7:00 u.m. Vice Mayor Baker reported there was Council discussion but no action was taken. Vice Mayor Baker stated that at the conclusion of the Open Session the Council would reconvene in Closed Session in the Administration Conference Room. Vice Mayor Baker called the Reeulaz City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Ann Waltonsmith, Vice Mayor Evan Baker ABSENT: Councilmember John Mehaffey, Mayor Nick Streit ALSO PRESENT: Dave Anderson, City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 20 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 20, 2002 was properly posted on February 15, 2002. Vice Mayor Baker announced for the viewing audience and anyone present tonight that there aze two upcoming community meetings scheduled. First, on February 21,2002 at 6:00 p.m. in the Adult Day Caze Center, Senator Byron Sher would be discussing issues that are before the State Senate that concern the City of Saratoga and surrounding sister cities. City Council Minutes 1 February 20, 2002 j Also, on February 26, 2002 at 6:30 p.m. in the Civic Theater, Mike Evanhoe from the Valley Transportation Authority would be discussing the Highway 85 Noise Mitigation Report. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DII2ECTION TO STAFF None CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF ART COMMISSION MEMBERS STAFF RECOMMENDATION: Administer Oath of Office TITLE OF RESOLUTION: 02-012 RESOLUTION OF THE CITY COUNCH, APPOINTING TWO MEMBERS TO THE ARTS COMMISSION BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING SYLVIA WOHLMUT AND TRACY HALGREN TO THE ARTS COMMISSION. MOTION PASSES 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. Vive Mayor Baker invited Sylvia Wohlmut to come forward and directed the City Clerk to administer the Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to Sylvia Wohlmut. Tracy Halgren was not present at the meeting. City Council Minutes 2 February 20, 2002 1B. APPOINTMENT AND OATH OF OFFICE OF PUBLIC SAFETY COMMISSION MEMBER STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. TITLE OF RESOLUTION: 02-011 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING THOMAS EDEL TO THE PUBLIC SAFETY COMMISSION. MOTION PASSES 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. Vive Mayor Baker invited Thomas Edel to come forward and directed the City Clerk to administer the Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to Thomas Edel. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BOGOSIAN MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2B. JANUARY FINANCIAL REPORTS STAFF RECOMMENDATION: Accept reports. WALTONSMITHBOGOSIAN MOVED TO ACCEPT JANUARY FINANCIAL REPORTS. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - FEBRUARY 13, 2002 STAFF RECOMMENDATION: Note and file. City Council Minutes 3 February 20, 2002 WALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE ACTION MINUTES FROM JANUARY 23, 2002. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2D. CLAIM OF LAVINA LING; CLAIM NO. GL-052984 STAFF RECOMMENDATION: Authorize ABAG to settle claim. WALTONSMITHBOGOSIAN MOVED TO AUTHORIZE SETTLEMENT WITH LAVINA LING CLAIM NO. GL-052984. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2E. CONGRESS SPRINGS PARK IMPROVEMENTS -FINAL ACCEPTANCE/NOTICE OF COMPLETION AND DONATION UPDATE STAFF RECOMMENDATION: Accept Notice of Completion. Councilmember Waltonsmith requested that item 2E be pulled from the Consent Calendar. Councilmember Waltonsmith asked who approved the $90,400 listed purchases of amenities for Congress Springs Park. Director Cherbone responded that the City Council approved the amenity list that was in the donation brochure a few months ago. WALTONSMITHBOGOSIAN MOVED TO ACCEPT FINAL ACCEPTANCE /NOTICE OF COMPLETION AND DONATION UPDATE. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT. ABSENT 2F. CONSIDER REQUEST TO JOIN FRIENDS OF THE COURT BRIEF IN OAK CREEK ESTATES V. TOWN OF PARADISE STAFF RECOMMENDATION: Authorize request. Vice Mayor Baker requested that item 2F be pulled from the Consent Calendaz. Vice Mayor Baker stated that he felt the actions of the court were unprecedented. The court made the City take action to overturn their municipal code. City Attorney explained that Oak Creek Estates concerns the Permit Streamlining Act and the Subdivision Map Act and the circumstances under which a tentative subdivision map may be "deemed approved" under the Permit Streamlining Act (PSA). The PSA provides that under certain circumstances a development project may be "deemed approved" if the local government fails to act on the City Council Minutes 4 Febmary 20, 2002 project within a specified period of time. In this case, City Attorney Taylor explained that the development project in question required a general plan amendment for approval and went through a lengthy review process including a number of changes proposed by the applicant. The Town Council ultimately approved an 821ot subdivision. Following the approval the developer sued the Town, claiming that the project had been "deemed approved" as a 177 lot subdivision three yeazs earlier. The Superior Court ruled that the City was obligated to accept and record a final subdivision map creating the 1771ot subdivision. The Superior Court denied on procedural grounds Oak Creek's claims that the approval of an 821ot subdivision constitutes a taking. Both Oak Creek and the Town have appealed. Councilmember Bogosian noted that he supported the amicus participation in this case. Councilmember Waltonsmith concurred with Councilmember Bogosian. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE REQUEST TO JOIN AMICUS BRLEF IN OAK CREEK ESTATES V. TOWN OF PARADISE. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. Vice Mayor Baker requested that the City Council move to Item 5 Consensus of the City Council to move to Item 5. NEW BUSINESS 5. LEAGUE OF CALIFORNIA CITIES GRASSROOTS COORDINATOR NETWORK STAFF RECOMMENDATION: Informational only. Rebecca Elliot, Regional Representative, thanked the City Council for the opportunity to speak before them tonight. Ms Elliot noted that she would give a brief background on the League of California Cities and her role as the City's representative. Ms. Elliot explained that the League is an association of 476 California city officials who work together to influence policy decisions at all levels, exchange information and combine resources. The League's main goals are to keep local dollazs local and protect local power. Ms. Elliot explained that the League accomplishes their goals by helping local cities in the following ways: legislative advocacy, legal advocacy, training and education, information resources, and special reports and publications. Ms. Elliot noted that a year ago the League created the Grassroots Network to build relations with local officials, business groups and the media and to focus on major issues of the member cities. City Council Minutes $ February 20, 2002 Ms. Elliot noted that she was the Government Affairs Director for the Santa Claza County Association of Realtors in which she actively participated in a wide variety of professional and public officials dealing with their concerns with local and state issues. Ms. Elliot noted that she also worked as an intern for former Congressman and current U.S. Transportation Secretary Norman Mineta. Ms. Elliot explained that she serves as a Director of the Housing Trust of Santa Claza County and is a member of the Santa Claza County's Housing Leadership Council. Ms. Elliot noted that she would be providing periodic status reports and encouraged the City Council to keep in contact with her. Councilmember Bogosian welcomed Ms. Elliot to the City of Saratoga and noted that this was a tremendous step for legislative advocacy for California cities. Councilmember Waltonsmith welcomed Ms. Elliot. Vice Mayor Baker thanked Ms. Elliot for coming tonight and apologized that she was not able to speak at the meeting on February 6, 2002. Vice Mayor Baker encouraged Ms. Elliot to be a regular attendee at Boazd of Directors meetings of the Santa Clara County Cities Association PUBLIC HEARINGS 3. ORDINANCE ADOPTING RULES AND PROCEDURES FOR CITY COMMISSIONS STAFF RECOMMENDATION: Open public hearing; close public heazing; waive first reading. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that at the City Council meeting of January 16, 2002 the City Council directed staff to prepare an ordinance establishing qualifications for membership on City commissions. The attached ordinance would require that commission members (1) be Sazatoga residents, (2) be registered to vote in Saratoga, (3) attend at least one commission meeting prior to being interviewed for a position on that commission, (4) not be a Sazatoga employee or hold any public elective office. The attached ordinance would also establish uniform rules applicable to all commissions for attendance, removal of commissioners, filling vacancies, and holding and conducting meetings. City Attorney Taylor briefly explained each of the following topics in the proposed code section as follows: • The "Qualifications" section of the new ordinance establishes the eligibility requirements discussed above. This section allows the Council to make case-by-case exceptions for given Commissions or Commission positions City Council Minutes ( Febmary 20, 2002 such as the Youth Commission (which does not apply the voter registration requirement) and the Library Commission (which allows a Monte Sereno member). This section further provides that a Commissioner's seat automatically becomes vacant if the Commissioner ceases to satisfy the membership requirements at any point during the term. Commissioners aze responsible for reporting all address changes to the City Clerk. The "Term" section establishes a standazd term of four yeazs. In addition, this section establishes term limits for Commissioners such that no Commissioner can serve more than two full consecutive terms. This is consistent with the term limits resolution adopted by the Council in March 2001. The ordinance clarifies the resolution by stating that Commissioners may be reappointed to a Commission after two full terms if there is a one- yeaz hiatus between the two terms and the reappointment. If the Council wishes, this requirement could be revised to establish a longer or shorter hiatus. The "Attendance" section includes a provision that would automatically remove a Commissioner who is absent without permission from all regulaz commission meetings for 60 days from the last meeting attended. This provision is based on the attendance requirement imposed on City Council members by state law. The language is included to provide Council with an opportunity to address the manner in which it wishes to promote attendance. As an alternative to the automatic disqualification required by subsection (b), the Council may wish to simply address attendance issues on a case-by-case basis. The next section of the ordinance (2-12.13, "Removal") makes cleaz that the Council may remove a Commissioner at any time. This would allow removal of Commissioners for non-attendance and any other reason. Alternatively, the Council may wish to revise subsection (b) to require automatic removal after 90 or 120 days rather than 60 days. • The "Removal" section allows the Council to remove any Commissioner at any time. The section requires the affirmative votes of three council members for removal regazdless of the total number of members voting. The "Vacancies" section of the ordinance establishes procedures for filling vacancies on commissions. Consistent with past practice this section makes cleaz that appointments to fill vacancies are for the remainder of the term only. This section also requires special posting of vacancy announcement for unscheduled vacancies in accordance with state law. City Council Minutes '7 Febznary 20, 2002 • The "Meetings" and "Rules of Procedure" sections of the ordinance simply establishes common rules for Commission meetings. The rules of procedure aze based on the rules followed by the City Council. This will provide guidance to Commissions as to the proper manner in which meetings should be administered. The Rules of Procedure section does not apply to the Planning Commission because the City Code already establishes cleaz rules for that Commission. Councilmember Bogosian asked if any provisions were added to the code on 1) how the Commission selects a chair and 2) prohibiting a person from serving on more that one commission or committee. City Attorney Taylor responded that he did not address either of those issues, but noted if the City Council desires to address these issues tonight the proposed ordinance could be amended. Vice Mayor Baker opened the public heazing at 7:40 p.m. and invited any public comments. Vice Mayor Baker closed the public hearing at 7:42 p.m. Councilmember Waltonsmith asked for direction on how the Council should proceed. City Attorney explained that this is the first reading. City Attorney Taylor stated that tonight the Council should make any proposed amendments, move that the ordinance be introduced as amended and the first reading be waived. The ordinance will come back at a second meeting for adoption and if there are any changes at that time the whole process would have to start al] over again. Councilmember Bogosian proposed that a provision be added to the ordinance that prohibits a person form serving on more than one commission or committee. Vice Mayor Baker noted that he would support adding a provision limiting membership to a single commission. A discussion took place on how long a commission or committee member should have to wait to reapply for a commission after they have served their two terms. Vice Mayor Baker noted that he could support a 2-yeaz hiatus. Councilmember Bogosian and Councilmember Waltonsmith noted that they support aone-yeaz hiatus. Consensus of the City Council that one-yeaz is sufficient between an expired term and a new appointment. City Council Minutes $ February 20, 2002 Council requested clazification on how a commissioner is removed from a commission for excessive absences: City Attorney Taylor explained in the proposed ordinance a commissioner would automatically be removed if absent without permission from all regulaz commission meetings for 60 days from the last meeting. In regards to attendance, Vice Mayor Baker noted that most commissions do not meet more than once a month; he noted that 60 days does not seem appropriate. Although commissioners aze volunteers, Councilmember Bogosian stated commissioners should know what is expected of them. Councilmember Bogosian noted that 90 days seems more reasonable. Councilmember Waltonsmith stated she does not agree with 60 or 90 days. Councilmember Waltonsmith noted that she would rather set a specific number of unexcused meetings missed. Also, Councilmember Waltonsmith noted that she believes in education and stated that the Commissioner should be counseled on their attendance before they aze removed. City Attorney Taylor responded that the attendance section of the proposed ordinance could be amended to state if a commissioner misses three consecutive unexcused absences they are automatically removed and after the second the City staff liaison could write them a letter reminding them of the consequences if they miss one more meeting. Vice Mayor Baker noted that Commissioners serve at the pleasure of the City Council, so the Council has the right to remove the Commissioner if they do not fulfill their commitment. Vice Mayor Baker noted and does not support Councilmember Waltonsmith's suggestion of "counseling". In regards to the requirement of the required attendance of a commission meeting, Councilmember Bogosian suggested that a verification of attendance be attached to their application prior to the interview. In regazds to the section of the chair of commissioners, Councilmember Waltonsmith noted that a rotating chair every year is very important. Consensus of the City Council to add a provision in the selection of a chair on a rotating basis. City Attorney Taylor asked for a specific definition of "rotation". Vice Mayor Baker suggested that an annual rotation of the chair not to repeat itself within a four yeaz term. Vice Mayor Baker reiterated consensus of the City Council to direct staff to amend the ordnance be amended as follows: City Council Minutes 9 February 20, 2002 • Commissioners be limited to sitting on one commission at a time • Automatic removal of a Commissioner if they have three consecutive unexcused absences of regular meetings • Wazning letter sent by the staff liaison after the second consecutive unexcused absence • The Chair of the commission rotate each year with no repeat during a four year term WALTONSMITH/BOGOSIAN MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AND ADOPT ORDINANCE AS AMENDED TO RETURN TO THE CITY COUNCII. ON MARCH 6.2002 FOR A SECOND PUBLIC HEARING. MOTION PASSES 3-0-2 WITH MEHAFFEY AND STRETT ABSENT. OLD BUSINESS 4. REQUEST FOR PROPOSALS FOR CITY ARBORIST SERVICES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Director Sullivan, Community Development Director, presented staff report. Director Sullivan explained that last fall staff brought a report to Council requesting an amendment to the City's contracted arborist for greater compensation. Council directed staff to prepaze a Request for Proposal for arborist services and return at a later date. Director Sullivan stated that the City received five proposals in response to mailing out 21 Request for Proposals. Of the five received, three were considered worthy of inviting the firm to be interviewed. Director Sullivan noted that the three firms were: • Barrie D Coates and Associates • David Babby of Arbor Resources • Deborah Bllis, MS Director Sullivan noted that this morning Mr. Coates called and withdrew his proposal, but recommended the City consider the services of Mr. Babby. Director Sullivan noted that Mr. Coates stated that whenever the City needs his services on a single project or to write opinion letters he would always be available. At this point the City can move forward with Mr. Coates' recommendation and form an interview committee. Councilmember Bogosian asked to what extent was the advertising and why were two firms eliminated. Director Sullivan responded that staff sent out 21 Request for Proposals and advertised in the San Jose Mercury News and the two firms that were eliminated was due to their limited experience and the quality of their proposal. City Council Minutes 10 Febmary 20, 2002 Councilmember Bogosian asked if staff advertised in any azborist journals. Director Sullivan responded no. Councilmember Bogosian noted that he is uncomfortable with just two candidates and stated that staff should continue the seazch. Vice Mayor Baker concurred with Councilmember Bogosian and suggested that a committee be formed to conduct the interviews. City Manager Anderson suggested that staff could go back through the list of firms and contact them and ask why they did not submit a proposal. Perhaps knowing that Mr. Coates is no longer in the running. Councilmember Waltonsmith noted that staff should contain the search locally. Consensus of the City Council to direct staff to consult with Mr. Coates, contact the firms previously solicited, solicit local azborist, and, come back to Council at a future date. 4. REVIEW OF LEGISLATIVE CONSULTANT CONTRACT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that at the meeting of January 8, 2002, the City Council directed staff to review the City's legislative consulting contract with Anthony Gonsalves & Sons. City Manager Anderson stated that the City contracted with Gonsalves & Sons on April 4, 2000 to provide services in the areas of legislative advocacy and governmental affairs. Gohsalves helped the City with special legislation of SB 1883 and AB 613. City Manager Anderson stated that the City renewed the contract with Gonsalves in December 2000 and added that the City's experience with Gonsalves has been positive, supportive, and professional. Councilmember Bogosian asked how much does the City pay Gonsalves & Sons. City Manager Anderson responded $3,000 a month. Councilmember Waltonsmith noted that she has noticed that their reports have changed. City Council Minutes 11 February 20, 2002 City Manager Anderson explained that the legislation is slow and so the reports aze standard legislative monitoring. Vice Mayor Baker stated that the League of California Cities formed the Grassroots Network because small cities cannot afford to pay a lobbyist. Vice Mayor Baker reminded his colleagues that when the City first discussed hiring Gonsalves & Sons, the City Council wanted to hire the firth on a case-by- case basis and Mr. Gonsalves said no. Councilmember Waltonsmith suggested that this item be continued when there was a full Council. Councilmember Bogosian noted that he supports terminating the contract and using the $36,000 on other projects such as a skateboazd pazk or Wazner Hutton House renovations. Councilmember Bogosian noted that he could support continuing this item before a full Council. Vice Mayor Baker concurred to continue this item. Consensus of the City Council to direct staff to contact Rebecca Elliot and discuss with her what she can and cannot do in regazds to legislative advocacy for the city of Sazatoga. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith noted that the Arts and the Library Commission would not meet until next week. Councilmember Bogosian reported the following information: • Library Expansion Committee -reported that Phase I is closing out and Phase II is starting on the Library Renovation Project. Projected grand opening is Februazy 28, 2003: • Heritage preservation Commission -met at the Historic Museum located on Saratoga-Los Gatos Road. The Commission was given a tour of the museum and a brief explanation of the proposed remodel. Next meeting will discuss the proposed design of the kiosk. Vice Mayor Baker reported the following information: • Parks and Recreation Commission -working on the task of planning the review of all City use fees. CITY COUNCIL ITEMS Councilmember Waltonsmith asked for an explanation of the section of the agenda titled "Communications from Boards and Commissions". City Council Minutes 12 February 20, 2002 Councilmember Bogosian stated that since the City's commissions have a Council liaison that reports their activities, this section is rarely used. Vice Mayor Baker added that this gives the Commissions the opportunity to make a report to Council, since they do not have the authority to place items on the City Council agenda. Councilmember Bogosian requested an alternate Councilmember to attend the next meeting of the Cities Association Task Force on February 28, 2002. Councilmember Waltonsmith responded that she could attend the meeting on Februayy 28, 2002. Vice Mayor Baker referred to a letter he received from Mayor Ron Gonzales of the City of San Jose inviting the City of Sazatoga to participate in a new discussion group with Monterey Bay Area Government. Vice Mayor Baker requested a staff report on the background of this group. Referring to a recent article in the League's Primary Focus, Vice Mayor Baker requested a staff report in regards to SB709. OTHER None CITY MANAGER'S REPORT City Manager Anderson announced that the City of Sazatoga has been recently written up in Sunset Magazine. City Manager Anderson noted that he hopes this would boost tourism this summer. ADJOURNMENT. Vice Mayor Baker noted at 8:45 p.m. that the Saratoga City Council would reconvene in the Administrative Conference Room to continue Closed Session discussions. Vice Mayor Baker Adjourned the Closed Session at 9:40 p.m. with immediate adjournment of the Open Meeting thereafter. Respectfully submitted, Cathleen Boyer, CMC City Clerk ~~ City Council Minutes 13 February 20,2002 } SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: '~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~/~~-/~~?~ PREPARED BY: ~ - G 6:. DEPT HEAD] ~ SUBJECT: Check Register: 2/15/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void Total 2/15/02 Checks Checks AP CHECKS A87809-87933 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 160 Transit Dev 170 Hillside Repair 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 300 State Park 310 Park Develpmt 320 Library Expansion 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable N 730 PD #2 740 PD #3 800 Deposit Agency 810 Deferred Comp 830 Payroll Agency 990 SPFA PAYROLL CHECKS: 627574-27622 TOTAL 26,714.91 170,100.82 6,472.42 17,922.57 5, 042.58 15,188.87 79.00 1,300.00 3,471.92 35,810.20 2,625.00 17,016.25 301,744.54 628,886.81 12,894.62 27,050.00 588, 942.19 2;625.00..: Y N W W N N V W W N N U a m Y C a Z k 5 W u~ CNO i O O O O O O~ O~ J~ C p p M '1 O OOOO VI YIOOYlO Yl000 O j F ~ N N N P Yl N "1 F2 ~ C C OTC N 0 ~UN~U SON 0~ON0 C • w'+ V• C C C C 1I1 V~ N N N m O ~ .'+ N u) .-~ .-~ m m N N T nl N~ rl N N H N N ti n N ti Z£ • W4 N N a x X W X U W z u °' F ~ a a a a Y a Y a a a a a • Q Q 4 U 4 m Q Q Q Q Q F F F Q F F F m~nmW F F F • 0 0 o m o a o o w w w w o 0 0 F ~ F F F F a F F O D U U F F F m ~ w a x WWWwWwwwwWWwwW a a a cf a m a a»» a a WWWWwwwwwwwwww a ~ z~ o F o m o m o F o m o a a a a o z o d dad dad W W d d d d d o o o z o z a o W a a o w w w w o 0 m m ~o z m z ~ z a z x z m z Wm~nm z z aaaaaaaaaaaaaa z ao [= W a W d W F W vi W W W Z W o000000000000o W >N £a > > W > a > a > a > FFFF > D > FFFFFHFFFFFFFF > O~ w.. 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REPORT SUMMARY: Attached aze the Planning Commission Action Minutes of February 27, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Sazatoga Planning Commission t • CITY OF SARATOGA PLANNING COMMISSION ACITON MINUTES DATE: Wednesday, February 27, 2002.7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Gazakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry ABSENT: Commission>_rs Jackman ~ Zutshi, and Director Sullivan STAFF: Planners Oosterhous ~ Welsh, and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of February 13, 2002 ORAL COMMUNICATIONS - Any memberof thePublicwillbeallowed toaddress thePlanningCommission forup tothree minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications underPlanningCommissiondirection to Stttff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 21, 2002. ' REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appeaz and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing 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 Sazatoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. DR-O1-045 (517-19-042), ELLIS - 14920 Vickery Avenue; -Request for Design Review to construct a two story single-family Mediterranean-Contemporary style residence. The floor area of the proposed home is 3,431 square feet with a 1,489 square foot basement. The lot, located in the R-1, 20,000 zoning district, contains 36,368 square feet. The applicant proposes a maximum structure height of 23 feet. The existing two -story structure, garage, pool and shed are to be demolished. (WELSH) (APPROVED 4-1, KURASH OPPOSED) 2. Application #02-U21 (Citywide); -The proposed Zoning Ordinance Amendment to create standards to permit small wind energy conversion systems in accordance with State Assembly Bill 1207. (WELSH) (CONTINUED FOR REVISIONS) 3. DR-O1-021, BSA-Ol-002 &t V-O1-012 (517-14-080) - HUSTED, Kittridge Road; - Request for Design Review and Building Site Approval to construct atwo-story craftsman style, single-family residence on a vacant lot. The floor area of the proposed residence and attached two-car garage is 4,810 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. A variance is requested in order to construct retaining walls in excess of five feet. An exception is also requested to exceed one thousand cubic yards of cut and fill. (OOSTERHOUS) (APPROVED TO CONTINUE TO STUDY SESSION 4-1, ROUPE OPPOSED, REVISION TO RETAINING WALLS REQUESTED) DIRECTOR ITEMS COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS ADJOURNMENT AT 10:3$ P.M. TO NEXT MEETING - Wednesday, March 13, 2002, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA j1; SARATOGA CITY COUNCIL MEETING DATE: rrh h, ORIGINATING DEPT: PREPARED BY: AGENDA ITEM: CITY MANAGER: ~~ DEPT SUBJECTv Saratoga-Sunnyvale Road & Seagull Way Traffic Signal -Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Republic Electric of Novato to be the lowest responsible bidder on the project. 2. Move to awazd a construction contract to Republic Electric in the amount of $126,725.00. 3. Move to authorize staff to execute change orders to the contract up to $16,000. REPORT SUMMARY: Sealed bids for the Sazatoga-Sunnyvale Road & Seagull Way Traffic Signal were opened on Februazy 21st. A total of three contractors submitted bids and a summary of the bids received is attached (Attachment 1). Republic Electric of Novato submitted the lowest bid of $126,725.00, which is 9.6% below the Engineer's Estimate of $138,891.00. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated January 28. The scope of work includes fitrnishing all materials, equipment, and labor to signalize and illuminate the intersection ofSazatoga-Sunnyvale Road and Seagull Way, per plans generated by Fehr & Peers Associates, Ino. In addition to traffic control, the signals will be coordinated with the adjacent railroad crossing control to provide preemption, resulting in an added measure of safety for the intersection. It is therefore recommended that the Council declaze Republic Electric to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) fo this finn in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $16,000 to cover any unforeseen circumstances and additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget for Capital Improvement Project 0105, f Sazatoga-Sunnyvale Road & Seagull Way Traffic Signal. The adopted'budget contains sufficient funds to cover the contract and recommended change order amounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Republic Electric will not be declared the lowest responsible bidder and a construction contract will not be awazded to that fine. The Council may make specific fuidings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the proj ect due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible and completed eazly in the spring. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary. 2. Construction Contract. r i t 1 4 ~~ u ~' N n IL E O E F i Uc 0 N d ~ a N _d J V O C ~ a "te ` O ~ a u a ~ 0 0 ri m N n M d ~ ~ d .. m W • °o n C O 4 ~ C N ~ u N d 6 ~ ~ O vi N n u ~ U d W U 'r O O N (1 C •- r °>>a` p N dd, ~ W O O Ol d m N d N E W O d d o m C Y ` ~ °~a m ~ M C W ~ p N ~ N _ m C d y o O EL d C ~ R d m o ° m ELL E '- a J ~m= n d ~ Q _ c~v~ 0 v3 ~~ F- U H ~ C ~ d N - D_! d ~ m xvl O . aL ~ C N U a ddo` i d a ~ d a c ~ O d ~ ,a ~ d 2 ; d .cm ~ En ~ ~ c i 5 ~ `m o ~? • v ~ d d p~ 0 V C O _~ p ~ ~ Q N U_ I d y •n d IC ~~-;,tee E c d 9 I c m ° W O d yOL-d~ ? m LL E ~ N ~ ~ LL~ a y N N ~ • N C V) f L N i ~ J la LL O _ ~ c ~ ° q a j ~ m e C `e C .- n Z ° E a y m CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION SARATOGA-SUNNYVALE ROAD & SEAGULL WAY TRAFFIC SIGNAL THIS CONTRACT, made this 6`s.day of Mazch, 2002, by and between the City of Sazatoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Republic Electric hereinafter called the Contractor. WITNESSETH: WHEREAS,the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the work herein described and shown and has approved and adopted trese contract documents, specifications and plans and has caused to be published in the manner and for the time required by law, a Notice Inviting Sealed Bids for doing the work in accordance with the terms of this Contract, and WHEREAS, the Contractor in response to said Notice has submitted to the City a sealed bid proposal accompanied by a bid guazanty in an amount not less than ten percent (10%) of the amount bid for the construction of all of the proposed work in accordance-with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, appazatus and other means of construction; shall fiunish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Sazatoga Director of Public Works or his authorized agent. 16 ~ ~ ARTICLE II. CONTRACT PRICES Except as provided in Section N B of the Specifications ("Changes and Extra Work"), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any unforeseen obstruction or difficulties which maybe encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabilities and other insurance; for all fees or royalties or other expenses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully perfomung and completing the work within the time frame specified in the Notice to Proceed, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Notice Inviting Sealed Bids 2. Bid Proposal 3. Bidder's Bond or Bid Guaranty 4. Contract for Public Works Construction 5. Hold Harmless Clause 6. Performance Bond 7. Labor and Material Bond 8. Plans 9. Specifications 10. Insurance Certificates 11. Prevailing Wage Rates 12. City of Saratoga DBE Requirements In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written. i~ ,. f AWARDED BY CTfY COUNCIL: CITY OF SARATOGA: Date: March 6, 2002 ATTEST: City Clerk The foregoing Contract is approved as to form this day of 20 CONTRACTOR: By Title License No. Tax ID or SSN City Attorney "Funds verified Contract No. Finance Office Date is SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: ~ ~~ CITY MANAGER: ~~/~~ DEPT HEAD: SUBJECT: Resolution authorizing Joint Powers Authority Executive Director to apply for funding from the Department of Conservation for beverage container recycling and litter cleanup projects RECOMMENDED ACTION(S): Adopt resolution authorizing the West Valley Solid Waste Management Authority (J.P.A) Executive Director to request funds in the amount of $17,126.00 for funding cycles 2001/2002 and 2002/2003 pursuant to the Department of Conservation Beverage Container Recycling and litter Reduction Act. REPORT SUMMARY: The California Department of Conservation, Division of Recycling, is distributing a total of $-21,000,000.00 for funding cycles 2001/2002 and 2002/2003 to eligible cities and counties for beverage container recycling and litter cleanup activities. Each city may receive a minimum of $5,000.00 or an amount calculated by the Division on a per capita basis. Last year, Council authorized the J.P.A. Executive Director to apply for funding from the Department of Conservation's Division of Recycling in the amount of $9,008.00 for beverage container recycling and litter cleanup activities. The City was awarded this funding, and it will be used towards the purchase of recycling containers in the Sazatoga Village Business District or City Parks. The Department of Conservation, pursuant to section 14581(a)(4)(A) of the California Beverage Container Recycling and Liter Reduction Act, is again offering funding to eligible participants for beverage container recycling and litter cleanup activities. This year, the Department of Conservation is requesting eligible participants apply for both funding cycles (2001/2002 and 2002/2003) at the same time. The attached resolution (attachment A) will authorize the J.P.A. Executive Director to apply for these funds on behalf of the City, which is a member of the J.P.A. d FISCAL IMPACTS: If the funding application is approved, the City will receive $17,126.00 dollars for beverage container recycling and litter cleanup projects. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City potentially will not receive $17,126.00 dollars for beverage container recycling and litter clean-up projects. ALTERNATIVE ACTION(S): None in addition to above. FOLLOW UP ACTION(S): Forward signed resolution to J.P.A Executive Director ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Attachment A -Resolution ` Attachment B -Funding Application 2of3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY EXECUTIVE DIRECTOR TO REQUEST FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS, the California Department of Conservation s Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designees under the program; and WHEREAS, per Section 14581 (a)(4)(E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time in order to request funds from the Department of Conservation s Division of Recycling. NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga authorizes its Joint Powers Authority, the West Valley Solid Waste Management Authority, to submit the Funding Request Form to the Department of Conservation s Division of Recycling on its behalf. The Executive Director of the West Valley Solid Waste Management Authority is hereby authorized and empowered to execute in the name of the City of Saratoga all necessary forms hereto for the purposes of securing payment to implement and carry out the purposes specified in Section 14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, and provide information regarding this program to the Division upon request. The West Valley Solid Waste Management Authority will be the responsible party to provide records to the Division should an audit be performed. The foregoing resolution was passed by the City Council of the City of Saratoga this day of , 2002. Effective 2002. AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk -- DIVISSON OF RE CYCLSNG ^ ^ 801 K STREET SACRAMENTO CALIFORNIA 95614 PHONE 916/323-3836 FAX 916/327-2144 TDD 916/324-2555 INTERNET consrv.ca.gov . . GRAY DAVIS GOVERN 0 R DEPARTMENT OF CONSERVATION STATE O.F CA LI FO RNIA January 25, 2002 Mr. Cary Bloomquist The City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Bloomquist: The Department of Conservation (Department) is pleased to announce the availability of funding for beverage container recycling and litter cleanup projects through the city/county payment program. The Department will allocate fiscal years 2001/02 and 2002/03 funds simultaneously to begin distributing funds to cities and counties at the beginning of the state fiscal year instead of the end (fiscal cycle runs from July 1 to June 30). The following information is included in the funding package: • 2001/2002 - 2002/2003 Guidelines • .Funding request form showing both fiscal cycles (2001/2002 - 2002/2003) • .Sample of a completed funding request form • Sample resolution Please review the information provided, complete the funding request form, and return it to the Department by April 30. 2002. Cities, counties, joint power authorities or lead agencies not returning the form to the Department by the deadline will not be eligible to receive funds for the 2001/2002 and 2002/2003 funding cycles. R City/Cou nty F undi e ng ques t Form FY 2001/ I 2002 and 2002/2 003 C ~.:. i ~:~.~. Please complete this form and return to the Department of Conservation by Aaril 30.2002. if your mailing or contact information is incorrect, please make the necessary changes. Field Representative: Rhonda Andrade City/County Name Eligible Funding Amounts $8,563 Funding Cycles FY 2001/2002 The City of Saratoga $e,s53 FY 2002/2003 City/County Mailing Address City County State Zip Federal ID or 7aX Reporting # 13777 Fruitvale Avenue Saratoga CA 95070 City/County Contact Person Telephone Number Fax Number E-Mail Address .. Ca BlOOm UISt (408)868-1258 (408)868-1280 cbloomquist~saratoga.ca.us Please check if you are a: Name of Lead Agency or JPA Submitting Form on Behalf of City /County Lead Agency ^ orJPA ^ Lead Agency/JPA Mailing Address City County State Zip Federal ID or lax Reporting # Lead Agency/JPA Contact Person Telephone Number Fax Number E-Mail Address Identify your beverage container activity(ies) that you plan on implementing with your city/coun~ payment program funds. Include estimated dollar amounts. Check all boxes fhat apply. ~_a, ,: .~ ~ • Subtotal $ ^Schools ^Airports ^Theme Parks ^Recycling Bins ^Restaurants/Bars ^Gas Stations ^Curbside Collection Services ^Special Events ^Shopping Mall ^Drop-Off Collection Services ^Public Transit ^Hotels ^Theatres ^Govemmental Buildings ^Civic Centers ^Businesses ^College/University ^Sports Complexes ^City/County Parks ^Other .o-~,. ri;r= ^-• • - Subtotal $ ^Commercial ^Rpartments ^Residential ^Other ^Mobile Home Parks ^Senior Housing ^Collection Services ^Condominiums ^Rec clip Bins ^Su lies/Liners/Gloves F• ~ - Subtotal $ ^Events ^Beach ^Roadway ^Other ^Public Parks ^Adopt-A--: ^School ^VOlunteer Incentives ^Recreational Areas ^S ohs Com lexes '""'"~` t • • ~ Subtotal $ ^Promotionalltems ^Billboard/Signs ^Newsletter/Brochures ^Other ^Utility Bill Insert ^Direct Mail ^Print Ads ^Web Page Ad ^Media (TV, Radio, Video) ^Local Media Ads With The Department's Assistance in Media Bu `= ~~ -=~t • Subtotal $ ^School Education ^Recycling Hotline ^Brochures/Flyers Other ^Workshops ^Exhibits/DemoS ^Fairs ^Bulletin Board ^Assemblies ^Educational Packets ^Public Education ^Rec clip Guide ^Pu et Show/Live Production j' - • ~ Subtotal $ ^Recycling Coordinator ^Contractor/Consultant ^Other ^Grant Administration ^Staff 7/02 ~.. ~ - ~ F venues, public areas, residential communities and multi-family dwellings, schools and businesses. • A primary emphasis on public education promoting beverage container recycling and/or litter prevention. A primary emphasis on beverage.container litter prevention and/or abatement in public places including community clean-up projects or other related activities involving the recycling of beverage containers. Pursuant to Section 14581(a)(4)(C) of the Public Resources Code, these funds may not be used for activities not primarily related to beverage container recycling or litter reduction. The Department encourages the inclusion of the following statement on all news media, brochures, articles, or other type of promotional or educational materials and recycling bins: `This project is (partially) funded by the Department of Conservation" Contact your field representative for prior approval of publications, promotional or educational material. The Department provides free English and Spanish recycling emblem decals for use on -recycling bins and other promotional items. Camera-ready artwork can be sent to your a-mail address or printer electronically. The order form can be obtained from our webske at www.consrv.ca.gov/dorlndex.htm or by calling (916) 322-0613. The Department will authorize payments to each approved city or county beginning: End of June 2002 for 2001/2002 funding cycle End of July 2002 for 2002/2003 funding cycle The authorization is forwarded to the State :.ontroller's Office for payment within its legal timeframe (30 days). Incomplete fortes may delay payment. supermarket sfte, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction since January 1, 2000. Funds must be expended by June 30, 2003 for fiscal year 2001/2002 and fiscal year 2002/2003. Carry over is not allowed . In accordance with Title 14, Division 2, Chapter 5, Section 2085 of the CaI'rfomia Code of Regulations, each eligible participant who receives funds shall maintain documentation of the actual amounts expended by activity or activities specrfied on the form for each funding cycle. These records shall be maintained for five years from the date of preparation. If you have any changes to your activities or contact information during the year (i.e., contact person, address change, or changes in your proposed activities), please notify the Department in writing or a-mail your field representative. Mailing address and fax number are provided below. HOW TO REACH US California Department of Conservation Division of Recycling Community Outreach Branch Regional Recycling Assistance 801 K Street, MS 20-24 Sacramento, CA 95814-3533 Telephone (916) 322-0613 Fax (916) 322-8758 For field representative information check our website at: www.conservation.ca.gov/dor/ Index.htm, under grants. This web page also has "Frequently Asked Questions" posted for additional information. 12/01 The Department may withhold payment 'rf the city, county or its designee has prohibited the siting of a ~- . --. Please complete this form and return to the Department of Conservation by Air ril 30.2002. If your mailing or contact information is incorrect, please make the necessary changes. ••L J J~J~ ..c... ..r . ~..-... ... City/County Name ... Eligible Funding Amounts $8,563 , Funding Cycles FY 2001/2002 I The City of Saratoga $$583 i FY 2002/2003 City/County Mailing Address City County State Zip Federal tD or Tax j Reporting # j 13777 Fruitvale Avenue Saratoga CA 95070 City/County Contact Person Telephone Number Fax Number E-Mail Address Ca Bloom uist (408)868-1258 (408)866-1280 cbloomquistC~3saratoga.ca.us Please check if you are a: Name of Lead Agency or JPA Submitting Form on Behalf of City /County Lead Agency ^ orJPA ^ Lead Agency/JPA Mailing Address City County State Zip Federal ID or Tax Reporting # Lead Agency /JPA Contact Person Telephone Number Fax Number E-Mail Address Identify your beverage container activity(ies) that you plan on implementing with your city/coun payment program funds. Include estimated dollar amounts. Check all boxes that apply. ;~ , ,-, ;_, • • • • • Subtotal $ ^Schools ^Airports ^Theme Parks ^Recycling Bins ^Restaurants/Bars ^Gas Stations ^Curbside Collection Services ^Special Events ^Shopping Mall ^Drop-Off Collection Services ^Public Transit ^Hotels ^Theatres ^Govemmental Buildings ^Civic Centers ^Businesses ^College/University ^Sports Complexes ^City/County Parks ^Other .r: :r; :'~• • Subtotal $ ^Commercial ^Apartments ^Residential ^Other ^Mobile Home Parks ^Senior Housing ^Collection-Services ^Condominiums ^Rec clin Bins ~ ^Su lies/Liners/Gloves :~ .- - Subtotal $ ^Events ^Beach - ^Roadway ^Other ^Public Parks ^Adopt-A--: ^School ^VOlunteer Incentives ^Recreational Areas ^S orts Com lexes :~-~"t • . Subtotal $ ^Promotionalltems ^Billboard/Signs ^Newsletter/Brochures ^Other ^Utility Bill Insert ^Direct Mail ^Print Ads ^Web Page Ad ^Media (TV, Radio, Video) ^Local Media Ads With The , DepartmenYS Assistance in Media Bu s +d:T'~= .i . Subtotal $ ^School Education ^Recycling Hotline ^Brochures/Flyers Other ^Workshops ^Exhibits/Demos ^Fairs ^Bulletin Board ^Assemblies ^Educational Packets ^Public Education ^Rec lin Guide ^Pu et Show/Live Production - - . - • ~ - Subtotal $ ^Recycling Coordinator ^Contrador/Consultant ^Other ^Grant Administration ^Staff 1/02 SARATOGA CITY COUNCIL . MEETING DATE: March 6, 2002 AGENDA ITEM: ~~ ORIGINATING 1SEPT: Cit~Ianager CITY MANAGER: ~"~~~ l rY~~ PREPARED BY DEPT HEAD: SUBJECT: Establishing a.Time and Place for Regular Meeting for the Saratoga Arts Commission RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: On February 25, 2002 the Saratoga Arts Commission held their first meeting. At that time they unanimously voted on establishing a time and place for regular meetings. The attached resolution would memorialize their decision. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A . FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Resolution RESOLUTION NO.OZ- RESOLUTION OF THE CITX COUNCIL OF THE CITP OF SARATOGA ESTABLISHING A TIlVIE AND PLACE FOR REGULAR MEETINGS FOR THE SARATOGA ARTS COMMISSION WHEREAS, Sazatoga City Council adopted Resolution 01-058 establishing the Saratoga Arts Commission; and WHEREAS, resolution 01-058 mandates the Arts Commission to establish a regulaz time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54952 and following) and abide by State law; and WHEREAS, the Arts Commission held their first meeting on February 25, 2002 and unanimously voted the following meeting time and place. NOW, THEREFORE, BE TT RESOLVED, that the Arts Commission of the City of Saratoga that pursuant to Code Section 54954, the time and place for the regulaz meetings of the Arts Commission shall be as follows: DATE: SECOND MONDAY TIME: 1:00 P.M. FREQUENCY: MONTHLY PLACE: PATIO ROOM SARATOGA RECREATION CENTER The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regulaz meeting held on the 6th day of Mazch, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: ~~~ PREPARED BY: DEPT HEAD: SUBJECT: Claim of Kris Gaiero; Claim No. GL-0535487 RECOMMENDED ACTION: Authorize ABAG to settle claim in the amount of $976.94. REPORT SUMMARY: On December 12, 2001 the claimant asserts she was stopped at a light on Lawrence Expressway when a City employee driving a City vehicle rolled back into the front of her car. Upon investigation ABAG is recommended that the City offer settlement on this claim. On January 30, 2002, based upon the initial repair estimate submitted on this claim, the City Council authorized ABAG to settle claim not to exceed $976.94. FISCAL IMPACTS: The claim will be paid in the amount of $976.94 from the Legal Services/Risk Management Account#001-1025-511-4060. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide not to settle the claim. FOLLOW UP ACTION: Process settlement of claim and notify claimant. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None e SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: ~~ ORIGINATING DEPT: Administrative Services DEPT HEAD: PREPARED BY: z~- CITY MANAGER: 0--~~_ SUBJECT: Fiscal Year 2002-03 Budget Development Process ACTION(S): Accept and file this report. REPORT SUMMARY: Attached is the proposed calendar for preparation of the 2002-2003 Operating Budget. Under the proposed timeline, City Council will receive the draft budget document for their May 1, 2002 meeting. During that meeting, the City Council would review the format of the budget, the assumptions which were used to develop the budget, review summary information, and revenue sources. The City Council will conduct the second budget workshop on May 15, 2002 focusing on a detailed and thorough review of program expenditures. A public hearing and adoption of the final budget document is scheduled for June 6, 2002. 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: Nothing additional. ATTACHMENTS: Proposed Budget Preparation Calendar. CoundlRpt 2 r BUDGET PREPARATION CALENDAR Revising/Replacing Adopted Budget for Fiscal Years 2002-2003 and 5-Year Strategic Plan 2/06/02 City Council initiates LLA-1 renewal process for FY 02-03, orders preparation of Engineer's Report and appoints Attorneys. 3/6/02 City Council reviews budget calendar for FY 02-03. 3/11/02 Finance Commission reviews budget calendar for FY 02-03. 4/17/02 City Council preliminarily approves LLA-1 Engineer's Report, schedules public hearing, and adopts Resolution of Intention. 5/1/02 City Council receives third quarter financial report from staff. Staff also presents .draft FY 02-03 budget document to City Council, and reviews format, assumptions, summary schedules, recommended staffing changes, and revenue projections. Preliminary instructions to staff on desired changes. 5/1/02 All Commissions review draft FY 02-03 budget document during their regular to monthly Commission meetings. Finance Commission reviews the document on 5/22/02 5/13/02. 5/15/01 City Council holds second FY 02-03 budget workshop. Staff makes budget presentation to City Council focusing on expenditures and capital improvements. Final instructions to staff on changes. 6/5/02 City Council conducts budget hearing and LLA hearing, and adopts FY 02-03 operating budget and capital improvement amendments. JB:Council Calendar 2/28/02 ,~ SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: March 6, 2002 CITY MANAGER: ~---~~~--~- ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Second reading of ordinance adopting rules and procedures for City Commissions RECOMMENDED ACTION: Open the public hearing and accept public testimony on the ordinance then close the heazing and waive the second reading of the attached ordinance and adopt ordinance REPORT SUMMARY: At the City Council meeting of February 20, 2002 the City Council introduced an ordinance establishing various standards for City commissions. The ordinance would establish (1) procedures for posting commission vacancies, (2) eligibility requirements, (3) attendance requirements, (4) procedures for removing Commissioners and filling vacancies, (5) meeting requirements, and (6) consistent rules of procedure. These rules would apply to Commissions as well as other City committees and boards. Although a second reading would.ordinarily be presented as a consent calendar item the City Council directed that this matter be set for an additional public hearing. Prior to introducing the ordinance on February 20, the Council amended the draft prepared by staff to (1) provide that no person can serve on more than one Commission at a time (this requirement does not apply to committees, boazds, and other non-commission groups established by the Council), (2) change the attendance requirement to provide that a Commissioner's seat becomes vacant if the Commissioner has three consecutive unexcused absences, (3) direct Commission secretaries to mail attendance reminder notices to Commissioners who have missed two consecutive meetings, and (4) provide that no person can serve as a Commission chair for more than one term in any four year period. These amendments have been incorporated into the attached copy of the ordinance. A copy of the prior staff report describing the ordinance in more detail is attached. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City Code would not establish procedures regarding City Commissions. ATTACHMENTS: Staff Report for February 20, 2002 Meeting. Ordinance as Introduced February 20, 2002. C~ 2 ORDINANCE AN ORDINANCE ESTABLISHING REQUH2EMENT5 AND PROCEDURES FOR CITY COMMISSIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Sazatoga has established a number of commissions to advise the City Council in reviewing, establishing, and implementing City policy in a number of areas. Commissioners provide an invaluable service to the City and their participation in these civic affairs goes to the very heart of representative democracy at the local level. B. The City Council has from time to time adopted various rules of procedure applicable to City Commissions or directed staff to document various eligibility requirements for applicants wishing to serve as Commissioners. C. In order to promote public awareness of the role and functions of Commissions in City government and to ensure uniformity of procedures among all Commissions this ordinance amends the Saratoga City Code to establish common requirements regarding qualifications, attendance, removal, vacancies, meetings, and rules of procedure for all City Commissions. Section 2. Adoption. A. Article 2-12 of the Sazatoga City Code is hereby adopted as set forth in Attachment A to this Ordinance. B. Article 2-I S of the Saratoga City Code is hereby amended by adding the following paragraph (e) at the end of section 2-15.050: "(e) Chairman. The Commission shall elect a elect a Chairman to serve a twelve month term. No person shall serve as Chairman of the Planning Commission more than one full term in any four year period." Ordinance No. Section 3. Publication. This Ordinance shall be published once in a newspaper of general circulation of the City of Sazatoga within fifteen days after its adoption. The foregoing Ordinance was introduced at a regulaz meeting of the City Council of the City of Saratoga held on the 20th day of February, 2002, and adopted by the following vote following a second reading on the 6th day of Mazch, 2002: AYES: NOES: ABSENT: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 2 Ordinance No. Article 2-12 City Commissions 2-12.10 Commissions generally. (a) Except as expressly stated otherwise, a "Commission" is any commission, committee, group, or boazd established by the City Council pursuant to ordinance or resolution whose members are appointed by the City Council, and which is expected to exist or has existed for more than one year. (b) A "Commissioner" is a member of a Commission. (c) Commissions shall advise the City Council in reviewing, establishing, and implementing City policy regazding the subject matters specified in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (d) The number of Commissioners shall be as set forth in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (e) All Commissions shall be governed by the terms of this Article 2-12. Unless expressly stated otherwise herein the terms of this Article 2-12 shall prevail over any contrary provision of any resolution adopted by the City Council. (f) On or before December 31 of each yeaz, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: 1. A list of the qualifications necessary for each Commissioner position; and 2. A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires, and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library. 2-12.11 Qualifications. (a) Except as provided in section 2-12.11(b), all Commissioners shall: Page 1 of 4 1. Be a resident of the City of Saratoga; 2. Be a registered voter of the City of Saratoga; 3. Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought; 4. Not hold any elected public office in any jurisdiction, any place or position of employment with the City of Saratoga; and 5. Satisfy any additional eligibility requirements specified in the ordinance or resolution establishing the Commission. (b) One or more of the requirements set forth in section 2-12.11(a) shall not apply if the ordinance or resolution establishing a Commission directs that one or more of the requirements specified are not be applied to one or more members of the Commission. (c) If a Commissioner ceases to satisfy the requirements set forth in section 2- 12.11(a), the Commissioner's office shall become automatically vacant. With respect to appointment and tenure of replacements, and in all other matters, the vacancy will be treated like any other on that Commission. (d) No person shall serve as a Commissioner on more than one Commission at any one time. For the purposes of this paragraph (d) only, the term "Commission" shall include only those entities designated as a commission by resolution or ordinance and shall not include any entity established as a committee, group, or board. (e) Each Commissioner shall inform the City Clerk of the Commissioner's residence address at the time of appointment and promptly inform the City Clerk of all subsequent changes of address. 2-12.12 Term. (a) Each Commissioner shall serve a term of four years unless an alternate term is specified by the resolution or ordinance establishing the Commission. (b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A partial term served as a result of an appointment to fill an unexpired term is not considered a full term. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. The limitations set forth in this paragraph (b) shall not apply to the Youth Commission. Page 2 of 4 i 2-12.13 Attendance. (a) Each Commissioner shall regularly attend meetings of the Commission of which he or she is a member. (b) If a Commissioner is absent without permission of the Chair (or, in the case of the Chair, the Mayor) from three consecutive regular Commission meetings; the Commissioner's office becomes vacant and shall be filled as any other vacancy. If a Commissioner is absent without permission from two consecutive regular Commission meetings, the secretary of the Commission shall, mail to the Commissioner a courtesy notice of the requirements of this section, provided, however, that such notice shall not operate as prerequisite to the establishment of a vacancy pursuant to this paragraph (b) and that failure to mail such notice shall not create any right of action in any Commissioner or any other person. 2-12.14 Removal. All Commissioners shall serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner's term by the affirmative vote of not less than three members of the City Council. 2-12.15 Vacancies. (a) Vacancies shall be filled by appointment by a majority vote of the City Council and shall be for the unexpired portion of the term of office vacated. (b) Whenever an unscheduled vacancy occurs in any Commission a special vacancy notice shall be posted in the office of the City Clerk and in the City Library not earlier than 20-days before and not later than 20 days after.the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least 10 working days after the posting of the notice required by this section except that in an emergency the City Council may fill the unscheduled vacancy immediately such that the person appointed to fill the vacancy may. serve only on an acting basis until the fmal appointment is made pursuant to this section. 2-12.16 Meetings. The regular meetings of each Commission shall be as specified in the ordinance or resolution establishing the Commission or, if no regular meeting time is established by ordinance or resolution the regular meeting time maybe established by the Commission. Any regular meeting may be cancelled by a Comrission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled. Page 3 of 4 2-12.17 Rules of Procedure (a) The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by Commissions: 2-10.020(b) 2-10.030 through 2-10.080 2-10.110(c), (d), (f) and (g) 2-10.120 through 2-10.170 As so applied to a Commission, all references therein to City Council or Council member shall be deemed to mean the Commission or Commissioner to . which the section is applied. All references therein to the Mayor shall be deemed to mean the Chair of the Commission; and all references therein to the City Clerk shall be deemed to mean the secretary of the Commission. (b) The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at which a quorum is present. (c) Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as Chair of the same Commission more than one full term in any four year period. (d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. (e) The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by the ordinance or resolution establishing the Commission. (f) This section 2-12.17 shall not apply to the Planning Commission which shall follow the rules of procedure set forth in section 2-15.050 of this Code. ~_ Page 4 of 4 SARATOGA CITY COUNCIL I"-"1 EXECUTIVE SUMMARY NO. MEETING DATE: February 20, 2002 AGENDA ITEM CITY .MANAGER: r~~~~~-- ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Ordinance adopting rules and procedures for City Commissions RECOMMENDED ACTION; Open the public hearing and accept public testimony on the ordinance then close the hearing and introduce and waive first reading of the attached ordinance. Direct staff to place the second reading and adoption of the ordinance on the consent calendar for the next regular Council meeting. REPORT SUMMARY: At the City Council meeting of January 16, 2002 the City Council directed staff to prepare an ordinance establishing qualifications for membership on City commissions. The attached ordinance would require that commission members (1) be Saratoga residents, (2) be registered to vote in Saratoga, (3) attend at least one commission meeting prior to being interviewed for a position on that commission, (4) not be a Saratoga employee or hold any public elective office. The attached ordinance would also establish uniform rules applicable to all commissions for attendance, removal of commissioners, filling vacancies, and holding and conducting meetings. Each of these issues is discussed in more detail below. SUMMARY OF ORDINANCE: The ordinance adopts a new article (Article 2-12) in the Saratoga City Code entitled "City Commissions." The article would be included immediately following the Code sections governing the City Council and just before the Code sections governing the Planning Commission. The first section of the article defines Commission to be any commission, committee, board, or group appointed by the City Council which is expected to exist for a year or more. This makes clear that all the subsequent requirements apply A to all such formal groups established by the Council regardless of whether the Council names the group a "commission," "committee," or some other name. This section also makes cleaz that the rules of the ordinance prevail over any inconsistent provisions in past Council resolutions. This aspect of the measure will make it easier for corntnission members and City staff to understand exactly what rules govern the commissions. Pazagraph (f) of the first section requires annual preparation of a list of Commission vacancies expected to occur in the following year. This implements a provision of state law designed to encourage greater citizen participation in local government. The list will be posted in the City Clerk's office and at the Saratoga Library. The "Qualifications" section of the new ordinance establishes the eligibility requirements discussed above. This section allows the Council to make case-by-case exceptions for given Commissions or Commission positions such as the Youth Commission (which does not apply the voter registration requirement) and the Library Commission (which allows a Monte Sereno member). This section further provides that a Commissioner's seat automatically becomes vacant if the Commissioner ceases to satisfy the membership requirements at any point during the term. Commissioners are responsible for reporting all address changes to the City Clerk. The "Term" section establishes a standard term of four yeazs. In addition, this section establishes term limits for Commissioner such that no Commissioner can serve more than two full consecutive terms. This is consistent with the term limits resolution adopted by the Council in March 2001. The ordinance clarifies the resolution by stating that Commissioners may be reappointed to a Commission after two full terms if there is a one-year hiatus between the two terms and the reappointment. If the Council wishes, this requirement could be revised to establish a longer or shorter hiatus. The "Attendance" section includes a provision (subsection (b)) that would automatically remove a Commissioner who is absent without permission from all regulaz commission meetings for 60 days from the last meeting attended. This provision is based on the attendance requirement imposed on City Council members by state law. The language is included to provide Council with an opportunity to address the manner in which it wishes to promote attendance. As an alternative to the automatic disqualification required by subsection (b), the Council may wish to simply address attendance issues on a case-by-case basis. The next section of the ordinance (2-12.13, "Removal") makes clear that the Council may remove a Commissioner at any time. This would allow removal of Commissioners for non-attendance and any other reason. Alternatively, the Council may wish to revise subsection (b) to require automatic removal after 90 or 120 days rather than 60 days. 2 As noted, the "Removal" section allows the Council to remove any Commissioner at any time. The section requires the affirmative votes of three council members for removal regardless of the total number of members voting. The "Vacancies" section of the ordinance establishes procedures for filling vacancies on commissions. Consistent with past practice this section makes clear that appointments to fill vacancies are for the remainder of the term only. This section also requires special posting of vacancy announcements for unscheduled vacancies in accordance with state law. The "Meetings" and "Rules of Procedure" sections of the ordinance simply establishes common rules for Commission meetings. The rules of procedure are based on the rules followed by the City Council. This will provide guidance to Commissions as to the proper manner in which meetings should be administered. The Rules of Procedure section does not apply to the Planning Commission because the Ciry Code already establishes cleaz rules for that Commission. Alternatives The Council could elect to not adopt the ordinance. This would continue the current practice of establishing rules governing Commissions on an ad hoc basis. The Council could also elect to remove or change the provision automatically removing a Commissioner with an unexcused absence of more than 60 days. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: Discussed above. ATTACHMENTS: Draft Ordinance, Article 2-12 City Commissions 2-12.10 Commissions generally. (a) A "Commission" is any commission, committee, group, or board established by the Ciry Council pursuant to ordinance or resolution whose members are appointed by the City Council, and which is expected to exist or has existed for more than one year. (b) A "Commissioner" is a member of a Commission. (c) Commissions shall advise the City Council in reviewing, establishing, and implementing City policy regarding the subject matters specified in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (d) The number of Commissioners shall be as set forth in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (e) All Commissions shall be governed by the terms of this Article 2-12. Unless expressly stated otherwise herein the terms of this Article 2-12 shall prevail over any contrary provision of any resolution adopted by the City Council. (f) On or before December 31 of each year, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: 1. A list of the qualifications necessary for each Commissioner position; and 2. A list of all Comrissioner terms which will expire during the next calendar year, including the name of the incumbent Comrissioner, the date of appointment, the date the term expires, and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library. 2-12.11 Qualifications. (a) Except as provided in section 2-12.11(b), all Commissioners shall: Page 1 of 4 1. Be a resident of the City of Saratoga; 2. Be a registered voter of the City of Saratoga; 3. Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought; 4. Not hold any elected public office in any jurisdiction or any place or position of employment with the City of Saratoga; and 5. Satisfy any additional eligibility requirements specified in the ordinance or resolution establishing the Commission. (b) One or more of the requirements set forth in section 2-12.11(a) shall not apply if the ordinance or resolution establishing a Commission directs that one or more of the requirements specified are not be applied to one or more members of the Commission. (c) If a Commissioner ceases to satisfy the requirements set forth in section 2- 12.11(a), the Commissioner's office shall become automatically vacant. With respect to appointment and tenure of replacements, and in all other matters, the vacancy will be treated like any other on that Commission. (d) Each Commissioner shall inform the City Clerk of the Commissioner's residence address at the time of appointment and promptly inform the City Clerk of all subsequent changes of address. 2-12.12 Term. (a) Each Commissioner shall serve a term of four years unless an alternate term is specified by the resolution or ordinance establishing the Commission. (b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A partial term served as a result of an appointment to fill an unexpired term is not considered a full term. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. The limitations set forth in this paragraph (b) shall not apply to the Youth Commission. 2-12.13 Attendance. (a) Each Commissioner shall regularly attend meetings of the Commission of which he or she is a member. Page 2 of 4 (b) If a Commissioner is absent without permission of the Chair (or, in the case of the Chair, the Mayor) from all regular Commission meetings for 60 days consecutively from the last regular meeting he or she attended, the Commissioner's office becomes vacant and shall be filled as any other vacancy. 2-12.14 Removal. All Commissioners shall serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner's term by the affirmative vote of not less than three members of the City Council. 2-12.15 Vacancies. (a) Vacancies shall be filled by appointment by a majority vote of the City Council and shall be for the unexpired portion of the term of office vacated. (b) Whenever an unscheduled vacancy occurs in any Commission a special vacancy notice shall be posted in the office of the City Clerk and in the City Library not earlier than 20 days before and not later than 20 days after the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least 10 working days after the posting of the notice . required by this section except that in an emergency the City Council may fill the unscheduled vacancy immediately such that the person appointed to fill the vacancy may serve only on an acting basis until the fmal appointment is made pursuant to this section. 2-12.16 Meetings. The regular meetings of each Commission shall be as specified in the ordinance or resolution establishing the Commission or, if no regular meeting time is established by ordinance or resolution the regular meeting time may be established by the Commission. Any regular meeting may be cancelled by a Commission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled. 2-12.17 Rules of Procedure (a) The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by Commissions: 2-10.020(b) 2-10.030 through 2-10.080 2-10.110(c), (d), (f) and (g) 2-10.120 through 2-10.170 Page 3 of 4 As so applied to a Commission, all references therein to City Council or Council member shall be deemed to mean the Commission or Commissioner to which the section is applied. All references therein to the Mayor shall be deemed to mean the Chairman of the Commission; and all references therein to the City Clerk shall be deemed to mean the Secretary of the Commission. (b) The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided, however,. a motion failing by reason of an evenly split vote by the Commission at a meeting where not all Commissicmers are present shall be agendized and voted upon at the next regular meeting of the Commission at which a quorum is present. (c) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. (d) The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by the ordinance or resolution establishing the Commission. (e) This section 2-12.17 shall not apply to the Planning Commission which shall follow the rules of procedure set forth in section 2-15.050 of this Code. Page 4 of 4 SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: ~ ~- PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Housing ElemenUMixed-Use Project Sites RECOMMENDED ACTION(S) Staff recommends the City Council conduct the Hearing and provide direction to Staff regazding the locations of potential mixed use projects to be included in the Housing Element of the General Plan. REPORT SUMMARY: Over the past 9-months the City has prepazed a draft of a new Housing Element to be included in the City's General Plan. Consistent with State Law, the draft of this Housing Element was submitted to the State Department of Housing and Community Development (HCD) for their review. This Agency required that the City identify individual pazcels of land that may convert to Mixed-Use within the next 5-years. Since the Mixed-Use Housing Program will be providing a portion of the below market rate housing units, to comply with the State's request, the City needs to identify specific Commercially Zoned parcels. Staff has identified. sites to include in the Housing Element in response to the State's mandate. Staff has amended the sites selected in response to City Council comments and direction provided at the January 22, 2002 joint meeting with the Planning Commission. The commercial locations that were the result of previous Mixed-Use or Multi-Family developments were deleted from consideration. Additionally, a more realistic consideration of potential conversion in the next five years was considered; as such the shear number of sites was decreased There is at least one site identified for each of the commercially zoned areas of the City. Copies of the maps are included as attachments to the Staff Report. These maps and the tables are proposed to be included in an appendix to the Housing Element. A. more general map will be included in the body of the document. Consistent with Council direction, Staff has mailed individual letters to the effected property owners and to the contiguous property owners. In the letter that was mailed to the effected property owners, Staff explained that the City was being forced to identify individual pieces of property. It was also explained that there was no absolute requirement for aMixed-Use project v to be built ever, much less within the next 5-years. Staff has also advertised this special hearing . in the Saratoga News, we have posted it on KSAR, mailed notices to the League of Women Voters and the various schools that serve Sazatoga. Staff additionally sent a notice to the Chamber of Commerce and posted it on the City's web site. As the Council is awaze, the City has been mandated by the State of California to plan for its "Fair Share" of the housing needs for all economic segments of the regional population. Through the Association of Bay Area Governments (ABAG), the City of Saratoga must plan for an additional 539 new dwellings to be built between Januazy 1, 1999 and December 31, 2006. These State mandated requirements fall into the following income categories: Regional Fair Share Above Moderate Low Verv Low Total Allocation RII Moderate ( ND) 3TA~ 108 36 75 539 In order to plan for this mandate a wide range of housing programs are proposed to be used. The below table demonstrates the methods that the City can use to meet the mandate. Income Built Odd Fellows Monudvo 2e° Unit New 20° Mixed Use New TOTAL Groups between Phase Artist Amnesty Units Market Ol/OV99 1 & 2 Studios Rate and osiovol Very Low 49 5 10 11 75 Low 1 15 15 5 36 Moderate lOS • lOS Above 161 97 10 26 26 320 Moderate TOTAL 161 254 11 20 25 42 26 539 Of the 539 mandated dwelling units, 426 have are already been built, are under construction or have been approved by the Planning Commission. This leaves 124-units to plan for over the next 5-yeaz period. It is expected that 45 dwelling units will be gained in the form of 2"a dwellings or "Granny Flats" at existing homes. Citywide it is expected that there will be a total of 42 new dwellings in Mixed-Use projects. This then leaves 26 new market rate housing units to be constructed over the next 5-years. The State is most interested in how the City plans to accommodate below market rate housing units. The City of Saratoga has allowed a version of Mixed-Use and/or Multi-Family projects in all of its Commercial and Office Zones for many years. It is anticipated that Mixed-Use projects will continue to be allowed in all Commercial and Office Zones in the future. Examples of these types of projects can be seen in both the Village and in the Gateway area on both sides of Sazatoga-Sunnyvale Road. As can be seen in the preceding table, the remaining number of dwelling units needed to be planned for is small - 42 in total. In previous direction, the City Council would rather designate a few potential sites in all of the City's Commercial and Office Zones as opposed to designating only a single pazcel in a single Commercial Zone. 2of3 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without identifying particular sites, HCD will not approve the City's Housing Element. ALTERNATIVE ACTION(S): i. Add or delete properties from the list. 2. Reconsider designating a single site. FOLLOW UP ACTION(S): Resubmit the revised draft Housing Element to HCD for final review. Following this review, conduct the required Public Hearing for adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: The matter was advertised :n the Saratoga News, posted on the kiosk, posted on KSAR, posted on the City's Web site, individual letters were sent to effected property owners and to the owners of contiguous properties. Notice of the topic was also provided to the Chamber of Commerce, Schools and the League of Women Voters. ATTACHMENTS: 1. Maps and tables identifying locations 3of3 ATTACHMENT 1 • l~di~wdy w. ~a S to -Sunnyvale -;- Q 0 w N 2 i 0 h SEA .400 0 400 800 Feet N W E S v GATEWAY AREA SARATOGA-SUNNYVALE # APN AREA YR BLT BLDG SIZE # of UNITSx 1 366-12-072 132,849 sq. ft. 1968 12,900 sq. ft. 30 to 38 2 366-12-054 46,345 sq. ft. 1971 12,330 sq. ft. 10 to 13 3 366-12-065 46,275 sq. ft. 1969 7,603 sq. ft. 10 to 13 4 366-12-066 22,073 sq. ft. 1969 5,870 sq, ft. 5 to 6 5 386-52-032 11,761 sq. ft. 1967 3,036 sq. ft. 2 to 3 6 386-52-033 11,761 sq. ft. 1967 3,220 sq. ft 2 to 3 7 386-60-001 48,779 sq. ft. 1985 40,330 sq. ft. 11 to 13 8 386-30-035 49,305 sq. ft. 1949 3,000 sq. ft. 11 to 13 9 386-30-036 19,453 sq. ft. 1966 7,040 sq. ft. 4 to 5 10 386-30-037 1<,075 sq. ft. 1961 ~ 2,096 sq. ft. 2 to 3 11 386-30-038 11,824 sq. ft. 1965 4,512 sq. ft. 2 to 3 12 386-30-039 43,696 sq. ft. 1961 12,000 sq. ft. 10 to 12 * Based on 20 dwellings per net acre. • Prospect at W N S E 400 0 400 800 Feet V PROSPECT AT LAWRENCE # APN AREA YR BLT BLDG SIZE # of UNITS* 1 386-10-043 98,429 sq. ft. 1978 20,500 sq. ft. 45 - 56 2 386-10-004 43,603 sq. ft. 1951 4,800 sq. ft. 20 - 25 3 386-10-055 18,720 sq. ft. 1971 6,000 sq. £t. 8 -10 4 386-10-056 24,814 sq. ft. ? ? 11-14 5 386-10-006 39,694 sq. ft. 1969 12,384 sq. ft. 18 - 22 6 386-10-007 40,460 sq. ft. 1966 15,200 sq. ft. 18 - 23 * Based on 20 dwellings per net acre. 1 ICJ ~_~ Saratoga Avenue ~--- AVE. 1 `.J n 400 0 400 N W E S i SOO Feet SARATOGA AVENUE sq. ft. ~ Vacant ~ n/a ~ 90 to Based on 20 dwellings per net acre. Cox Avenue 500 0 500 1000 Feet N W E S COX AVENUE # OF APN AREA YR BLT BLDG SIZE UNITS* 1 386-14-026 56,925 sq. ft. 1980 22,112 sq. ft. 13 to 16 2 386-14-012 61,693 sq. ft. 1979 13,192 sq. ft. 14 to 17 *Based on 20 dwellings per net acre • Y IIId~G & Neal's Hol low N W S E 1000 0 1000 2000 Feet Village plus Neal's Hollow # APN AREA YR. BLT. BLDG SIZE # of UNITS* 1 503-25-029 53,270 s . ft. 1920 816 s . ft. 12 to 15 2 503-25-016 31,809 s . ft. 1900 864 s . ft. 7 to 9 3 503-25-015 32,170 s . ft. 1941 2,136 s . ft. 7 to 9 4 517-09-015 41,946 s . ft. 1954 10,480 s . ft. 9 to 12 5 397-27-028 14,319 s . ft. 1966 4,274 s . ft. 3 to 4 * Based on 20 dwellings per net acre Blauer near 400 0 400 800 Feet N S E BLAUER NEAR SARATOGA-SUNNYVALE # APN AREA YR BLT BLDG SIZE # of UNITS* 1 393-02-005 23,467 sq. ft. 1977 4,949 sq. ft. 10 -13 2 393-02-004 19,567 sq. ft. 1961 3,312 sq. ft. 8 -11 * Based on 20 dwellings per net acre. SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 DEPT: City Manager's Office AGENDA ITEM: CITY MANAGER: PREPARED BY: DEPT HEAD: Q~~l~ SUBJECT: Review of Legislative Consultant Contract ACTION(S): Accept report and direct staff. REPORT SUMMARY: Backeround At the City Council meeting of 01/08/02, Council members asked that the City's contract with our legislative consultant, Gonsalves & Son be placed on a future agenda for review. At that meeting the Council discussed the issue, and were formally introduced to Rebecca Elliot from the League of California Cities. The Council directed that the item be brought back for discussion when all five Council members were present. On Apri14, 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 City sponsored special legislation, 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 2000. This legislation restored the eligibility of (four) cities in Santa Clara County to receive Tax Equity Allocation (TEA) funds subsequent to a vote of the people reinstating, increasing or imposing a new tax. This restored a measure of property tax revenue due to the passage of the new library bond issue. After the passage of the City's special interest legislation, and in the interest of fiscal control, the City ceased the services of the firm effective November 30, 2000. The City Council requested a review of the contract at that time, and subsequently renewed the contract in December 2000. During the 2001 legislative session the City once again sponsored special legislation, AB 613, which would have had the practical effect of eliminating West Valley College's exemption from the City's oversight regarding a football stadium, and other draft legislation that would have had the effect of restoring the City's full TEA allocation to . normalize the City's property tax receipts with those of all other low-no property tax cities in the state. At the end of the 2001 legislative session AB 613 was converted into atwo-year bill at the request of it's sponsor (Cohn) and is unlikely to be acted upon this legislative session. The City's experience with Gonsalves has been positive. The firm has been supportive and professional. The services provided by Gonsalves related to SB 1883 in 2000 and AB 613 in 2001 were invaluable and could not have been performed byCity Staff. The Gonsalves firm also provides routine legislative advocacy on an ongoing basis to their clients, all of which aze small cities. If the City has a special interest in a particulaz piece of legislation, Gonsalves will work with the City and represent the City's interest with the legislators. They also assist their clients in obtaining grants. Contracting with Gonsalves has provided an opportunity for the City to pursue an active legislative agenda during the past two legislative sessions. Two factors have changed since last year, however, that have prompted a review of this contract by the City Council. The first factor is that the City's chances for the passage of special legislation in the azeas stated above may not be politically viable during this legislative session. The City may have to wait for a change in the political climate in Sacramento and a change in local political representation before the reintroduction of such legislation. The second factor is the introduction by the League of California Cities of the Grassroots Network. The League has focused on building a local network of 15 legislative advocates located statewide to take issues of importance to Cities to legislator's home turf. Rebecca Elliot, our local League representative will provide the City with services directed at legislation of concern to California cities. Those services may include: alerting cities to Legislation affecting cities' vital interests, providing staff with legislative background, sample resolutions and response letters, advising the City on the timing of responses, who to contact on specific legislation, and coordinating meetings with legislators. The Grass Roots coordinators are also tasked with building bridges to community business and labor groups to help educate the public as to how their cities function and their tax dollars are spent. FISCAL IMPACTS: Gonsalves' standard retainer is $3,000 per month. Funds have been appropriated in the Fiscal Year 2001-02 budget for this expense. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): ALTERNATIVE ACTION(S): FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A 2of4 ATTACHMENTS: Attachment A: Agreement between Gonsalves and the City of Saratoga Attachment B: Survey of surrounding cities 1 3 of 4 F-`. `~ AGREEMENT BETWEEN JOE A. GONSALVES & SON AND THE CITY OF SARATOGA The CITY of SARATOGA ('CITY") wishes to engage the services of JOE A. GONSALVES & SON, 925 L Street, Suite 25(), 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 coriiiitions under which JOE A. GONSALVES & SON will provide services to the client, the CITY of SARATOGA. The terms and conditions of this Agreement are as follows: JOE A. GONSALVES & SON shall review all bills introduced in the California Legislature and inform the CITY of all such legislation affecting the CITY'S interest and forward weekly a copy of a!I such bills to the CITY. 2. The CITY shall review and analyze all such bills and inform JOE A. GONSALVES & SON, in writing, of CITY'S position. 3. JOE 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 governmental affairs representatives on behalf of the CITY Attachment-A - .. --~ ;, 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 CITY. This disclosure shall include a description of actions which JOE A, GONSALVES & SON has taken or proposes to take, after consultation with the CITY to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days; a}I necessary steps 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. C~ IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as follows: ,/ / Date: / o ~~ JOE A. GONSALVES & SON BY ~ _- THE CIT~OF SARATOGA, A MUNICIPAL CORPORATION DATED: '7~f y~b~ gY ATTEST: ~~ City Clerk~~~{~~it//1~~--- 3 r z 3 a o ~ 2 a ~ O o ~ c s ~ c ~ d ~ N 7 J ~ N ~ ~ N J C ~ ~` ' i m ~ ~~f D ' ~ [D ~ o o ~ o < a a ~ !~ ~ ~ c . < J x n a a ~ ~ n .. n c m < < « < ~c< z z z z ~ z z -c a< n H N N N y a N o 0 0 o N o o N o~ p " " 2 ~c 7C G~ ~ ~ o ~ n m ~ . ~ ~ ' ` o rn "' - ~ ~ R ~ m m d i m ~ ~ . ~ ~ ~ ~ ~~ N o 3 ~~. 3 3 J ~ p~ R° m ~GI < m .. c 2 ((p//~~ vi v c ~ ~ n ~ ~ J J j ~ ~ O m m o ~ o ~ m VI VI J J 1-1 N iA L! ~ iR ~ ~ ~ ~ ~ ~ ' O W N OWl lV0 ~ O O ~ O O „may T ~ ~ ~ o ~ r ~ (D UI fD VI fD N (D UI (D UI N VI (p i/f /D Uf fD VI fD VI fD V1 (D VI fD V1 Z <Dr m~O2p p ~ ~Zy „ „ p~~om ov z m~ ic i a ,~ T T ~ vn vn n vn vn m ~ vn v n ro v nrv om o n ~ v O pro J m(o ^ (o ^ (c ro ~ m a~ mro J (o ~n ~ ~~'v co ~. m a 92CmT . m ~u~ a ~o~ oa a dui ~. of d ~o~ d ~ a a ~ ~ o ~ a ~ . oi ~ DC Z S N ~ N N 3 N ~ N ~ N ~ N 3 ' .Z -' ~ ~ N ~ II II - Iz ~A ~"~ ` f ~~ ~~ ~ ~~ ~~ n ~~ ~ I ~ Q ~ ~~~ ~ ~ ~ n ro J ~< ~2 M J V J n Vf J n N J V~1 J n VI J ,J N J VI J ~ V~1 J VI V1 ; Z ~ C 1 ? = j ? Q m C n n n n ~'~ -z1DOm~ m f n ~ r A G ''o m m ~no ~p~o °° °m m nom ~O m y Q ~ v ui . o~ < d Fa ~ ` ` N ~ o $ $ no y~a ~ ~~ o ~ ~ n < ri ~ 3 ?< m 3 g '^ ~ 'c~ ~~ < p' m ~~ D a~ n y 3a ~ N c d ~ ~ ro' ~ n ~ ^ ~ G., `~ i ~ rnm o r~ ~ n ? F ~ o J rv a R ~ a , m ri ° o ,Q vi fD n c ~ ,? M ~ a m .. n vi ~ o~ a t," ~ ~, d o m d ~ ` 'n ~ O f1 c o~ 7 ?ice x ~ 0 ~ ~ - 3Q 7P ~ O ~? ~ a mo ~m f 3 o3 „ mr `8 3 ~ v " 3 ' 3 ~n , ei m ~ d in 3~ ~ ~ m ~ n~ ~~. > n ' ~ Gi o ~ = 3 m z a " z T"-_ o ~- ~ a~ o D z o ~ "'B ~ "a ^" " • ~ ~ ~ g p d . 3 m ~ ` p m ' i' m ~ o u + 3 S ~ f d g a N .c. m w 'U ~ C ° C ~ d `~ y ~ (0 io 51 ~ n ~ D w d ~1R $ . am 2 3 ~3 d 0 f '~ ~ ' o~ ~ 91 ~ ~ ~ c /cpE S O N d ~~ ~ O d J r^T fD < N l ~ c ~~ ~ O . d b n N ~~ SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 ORIGINATING DEPT: City Manager PREPARED BY: AGENDA ITEM: ~l~ CITY MANAGER: ~~~ ` '~-' DEPT HEAD: SUBJECT: Presentation -Santa Clara Valley Water District RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Gregory A. Zlotnick Director/Santa Claza Valley Water District will be providing the City Council with a brief semi-annual update on Water District activities affecting the City of Saratoga. 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: N/A SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: /~ CITY MANAGER: v / a~ l DEPT HEAD: ~~~"~ SUBJECT: Comer Debris Basiri Modification Project RECOMMENDED ACTION(S): Provide input to the Santa Clara Valley Water District regarding the Comer Debris Basin Modification Project. REPORT SUMMARY: Greg Zlotnick, Santa Clara Valley Water District 5 Director, as well as District staff will report on the status of the Comer Debris Basin Modification Project. The District has held two project meetings generating important community feedback and would now benefit from input from the Saratoga City Council. A notice of tonight's meeting was prepared by City staff and distributed by District staff according to their mailing list of interested parties. Attached is a drafr Engineering Feasibility Study dated February 21, 2002, for the project. In addition to engineering hydraulic and sedimentation studies, the report includes various alternative solutions. Please see Section 4, page 17, of the report for a description of the alternatives. The following is a summary of the alternatives in the report as well as an additional Alternative 4: Alternative 1 - Do Nothing (Existing Conditions) Altemative 2 -Remove entire headwall and wingwalls. Grade channel in uniform slope 1,300 feet upstream of Comer Drive. Altemative 3 -Remove entire headwall and wingwalls. Construct a stepped channel to create small falls and pools. Grade slope 500 feet upstream of Comer Drive. Alternative 4 -Remove upper 3 feet of headwall, leave wingwalls Grade uniform slope 50 feet upstream of Comer Drive Construct single step at upstream end to match existing channel bed Additionally, letters aze attached from the Loma Prieta Chapter of the Sierra Club and the Guadalupe-Coyote Resource Conservation .District supporting removal of the sedimentation ,, _ :_ dam. _ _ _. Background In 1973, the Comer Debris Basin was constructed to assist the District in maintaining the Calabzas Creek Channel capacity for high winter flows. Although the basin worked effectively to impound sediment, there may have been downstream impacts. The current need of the debris basin is questionable because the upstream quarries, which contributed to most of the sedimentation, are no longer in operation. The Comer Debris Basin Modification Project is a study to determine the impact of the basin on the creek and watershed, and the potential impacts of removing the basin. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impacts, and whether the removal of the debris basin benefits the watershed. FISCAL IMPACTS: None identified. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S):. Depends on the City Councils direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Comer Debris Basin Feasibility Study. 2. Letter from the Loma Prieta Chapter of the Sierra Club. 3. Letter from the Guadalupe-Coyote Resource Conservation District 2 of 2 a SIERRA CLUB kOUNDED ,evz LoMA PRIETA CHAPTER San iYlateo .Santa Clara .San Benito Counties Mayor Nick Streit and Members of Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 Re: Comer Debris Basin and Dam Dear Mayor Streit and Council: ~v 25 February 2002 As you are aware, the Santa Clara Valley Water District has proposed to remove the dam and debris basin at Calabazas Creek and Comer Drive, and restore the Creek and its banks to their natural state. The dam was originally constructed in the early 1970's to collect gravel and sediments coming down the creek from the Cocciardi quarry and the residential construction upstream, so the debris would not collect by the levees where Calabazas enters the Bay, raising the water Ievel there during storms and endangering the new industries springing up there. Consequenkly, the creek below the dam was starved for replenishment and the creek floor lowered a bit each year, exposing and endangering footings of bank armoring at various spots downstream. For a number of years, the Water District removed 8 feet of gravel and sediment from the basin each summer--and still had to remove sediment by the Bay. After the quarry ceased operations and home construction in the watershed slowed down, the Water District stopped clearing out the basin. The Creek has resumed its normal sediment deposition down its Iength--but the eyesore of the dam and debris basin remav t, and clearance below the Comer bridge is so reduced as to threaten the bridge with overflow in heavy storms. In the early 1900's, Calabazas Creek was anall-year trout stream and wildlife corridor. As the Valley water table has dropped and the Water District and ranchers constructed check- - dams in the Creek, fish.no longer spawn here--but it remains a seasonal stream and could be a.^^. all year wildlife corridor if the dams and 'drop cotutructions' were removed. The Sierra Ciu'o strongly supporfs the Li~'ater I?istrict's proposal to retnova the lout attd restore the original creek gradzent and riparian habitat. Saratoga has had a history of requiring wildlife adaptation for development in the hills--the Theater Distriet's proposal is a gocd fit for that policy, and ws trust Lhe Cary Counz~1 will approve the rehabilitation of CaIabazas Creek. A member cf our Group be at your hearing on this matter, and c~~ill speak if needed. For a sustainable society and a restored environment --sincerely, ~N~y~~ y~ Teresa.Nemeth, Chair Guadalupe Regio~tal Group Loma Prieto Chapter, Sierra Club cc: Greg Zlotnick, Director, District 5, Santa Clara Valley Water District ® 3921 E. Bayshore Road, Palo Alto, CA 94303 650.390.8411 Fax: 650.390.8497 • www.lomaprietasierrachib.ore ,,,; ::, ,~. GUADALUPE -COYOTE ;' RESOURCE CONSERVATION DISTRICT ~d.~' ,~ " 888 NORTH FIRST STREET RM. 204, SAN JOSE, CA 95712.6314 ~ ~ OFFICE (408) 288-5888 FAX (408) 9938728 email: gcrrdG~pacbell.net ~." I~ _.. - -r~-~ _._. .~. .. ... ._ _ _.... February 4, 2002 Mayor Nick Streit and City Council Members Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95070 Subject: Calabazas Creek Sediment Dam Dear Mayor Nick Streit and City Council Members: c~~~ ~~, P~~T FEB 0 8 ~_. 2002 Our office was contacted several weeks ago by a Mr. Bob Wallace, a Saratoga resident. Mr. Wallace has a home on Calabazas creek at 12881 Foothill Lane, just off Pierce Road. He indicated that there was a dam on the creek about a quarter of a mile upstream of his house that was causing all sorts of problems in the creek. He asked if the GCRCD could provide any type of support to him and a number of his neighbors in their effort to get the dam removed. According to Mr. Wallace, the dam was constructed in the eazly 70's either by or under the purview of the Santa Clara Valley Water District (SCV WD) with the goal of trapping sediment in the upstream reach of the creek to prevent its accumulation within the levees near the Bay. Accumulation of sediment in the lower reaches of the stream decreases the water carrying capacity of the stream that would lead to flooding of that industrial area.- For several years the SCV WD reportedly removed the sand/gravel that accumulated behind the dam each spring. However, it turned out that sediment still built up just as fast down by the levees, requiring a continuing removal process in both azeas. Thus, the dam increased operating cost as two sediment removal operations were required instead of just one. Because the dam blocked sediment from going down the creek in a normal manner the creek below the dam became sediment starved and started to down-cut and cause a lot of bank erosion, which resulted in quick fix attempts to repair the damage and halt the erosion process. As a result of this the SCV WD discontinued removal of the sediment behind the dam a number of years ago but the dam remains in place. . Mr. Wallace stated that he has been asking the-SCV WD to remove the dam for a nwnber of years and believes they are now in favor of doing so but a few people oppose is removal. He said the SCV WD and the Saratoga City Council aze somewhat uncer[ainof public support for a dam removal and creek restoration project. Mr. Wallace believes that Measure B fimdmg i~ available #o pay~f'or thrs needed {molt.- ~> a dr ' _%~< On January 12~', one of our Associate Directors, Mr Larry Johmann, walked _ ('alah~za~ Creek with Rob frptn g point several hundred vard3 above the dam ip a nnint about a half a mile below it. He reported,,~that theL~severe impacts the dam was having on Ull. V1VVll YYCLV eleCLrly VbY1VUJ W1LL doet.menWd hzs Vb~Jel t'~4tIV11 wSth pl`iCiv~iupii$, RCl , Attached. Sediment has now built up to the top of the dam, about 10 feet high and has backed upsiream, elevating the natural creek oed aoove the aam. The seaiment has backed up under the Comer Drive Bridge, about a 1.00 yards above the dam and now the corridor does not have the capacity to carry expected flood flows. Upstream of the bridge, the stream is attacking the banks as the water is backed up due to the elevated channel. There was an entire chnnp of large. trees. that appeared tp have just fallen over in _ a recent storm just upstream of the bridge. At the top of the dam the creek was in the process of cutting azound the dam. The creek channel had split into two and they were attacking the left and right side of the dam. Bob indicated that the creek did cut behind the left wing wall last yeaz but it had been refilled in an attempt to thwart or delay the process. Down stream of the dam, the creek has probably down cut two to three feet and it is attacking the banks as it attempts to meander back and forth in its confined channel. As property owners try to protect their property they either dump rock or debris over the sides of the collapsing bank or get the SCV WD or City to do so, or they have them install concrete sack armor. The rocks just cause more turbulence and deflect the stream to the opposite bank, which causes more erosion and the concrete sacks accelerate velocity and cause more down-cutting. Just below the installed sacks, eddies form and they eat at the bank, which causes it to collapse and the process just progresses downstream. All of the above problems are very predictable and preventable. In order to avoid further damage the dam needs to be removed as soon as possible - and the creek channel restored to it more natural conditiori. Then, high velocities need to be reduced and vectored. towards the center of the creek in an effort to reduce or eliminate the bank erosion. These actions will greatly reduce the chance of bank erosion and flood potential in the area and greatly improve the creek for wild and aquatic life, as the dam also serves as a fish and wild life migration barrier. In view of the above, the Guadalupe-Coyote Resource Conservation District is concerned and fully supports the efforts by Mr. Wallace and other Sazatoga residents to get the dam removed and restore the creek's natural functions before more serious erosion and flooding occurs. If you need more information on this subject, please contact our office. Thank you. Respectfully, _ ~~~ ~G~ES IDEA - Boazd of Directors Low flow, looking downstream towards the Comer Drive Bridge. Excessive amount of sediment being deposited in this azea due to a sediment dam located approx. 100 yazds downstream. Sediment has built up to the top of the dam and back filled upstream past the bridge. The creek has migrated to the right side of the bridge and is poised to attack the right wall and will attempt to cut azound it at high flows. The creek will overflov~ the bridge at high flows because excessive sediment has decreased corridor capacity. Looking downstream below the Comer Drive Bridge. Excessive amount of sediment being deposited in this azea is due to the sediment dam pictured in the background. Sediment has built up to the top of the dam and back filled upstream reducing stream capacity and increasing flood potential. The creek has divided into two channels with a eravel har in the middle and is attacking hoth banks and dam wing walls Fmsinn Low flow, looking downstream below the Comer Drive Bridge. Excessive amount of sediment being deposited in this azea is due to the sediment dam pictured in the background. Sediment has buIlt up to the top of the dam and back filled upstream increasing flood potential. The creek divided into two channels with a gravel island between them and is attacking both banks and the dam wing walls. Erosion behind left wall has been filled in at least once in a futile attempt to thwart the process. N 8 Np O 0 s. a s Low flow, looking over the sediment dam downstream of the Comer Drive Bridge. Sediment trapped by the dam results in sediment-starved water below the dam and severe down-cutting downstream since the replacement sediment has been trapped by the dam. Concrete pillars on the dam face aze supposed to dissipate energy. There is evidence nfhank ernsinn nn the rieht hank helnw the dam and rin ran has }+Aen damned Low flow, looking upstream at the sediment dam, downstream of the Comer Drive Bridge. Sediment trapped by the dam results in sediment-starved water below the dam and severe down-cutting downstream. Concrete pillazs on the dam face aze supposed to dissipate energy. Right bank, top of the dam is eroding behind the wing wall as the creek attempts to cut azound it. The azea has been filled in at least once in an attempt t~ thwart the erosion process & the stream's fight to regain its natural form & function. a v Low flow, looking downstream about 100 yazds below the sediment dam Stream appears to have down-cut several feet and is attacking the left bank. Rocks dumped over the bank in attempt to thwart erosion only exacerbates the problem as they cause severe turbulence at higher flows. Erosion & bank cutting are progressing downstream of the rocks. The creek needs to be filled to its former level, the bank slooed & Low flow, looking downstream about 200 yazds below the sediment dam. Stream appeazs to have down-cut several feet & is attacking the left bank. Rocks dumped over the bank in attempt to thwart erosion only exacerbates the problem. Erosion & bank cutting are progressing downstream of the rocks. Creek needs to be filled to its former level, the channel moved away from the left bank, the bank sloped & vegetated & a rock/log vane installed to divert high velocities away from the bank. Low flow, about 300 yards below the sediment dam. Stream appears to have down-cut several feet and is attacking the right bank. Concrete rubble dumped over the bank in attempt to thwart erosion only exacerbates the prolilem causing turbulence at higher flows. The creek needs to be filled to its former level, the channel moved away from the right bank, the rubble removed, the bank sloped & vegetated & rock/loe vanes N 8 N ~v C !O G J> L O O L C. N O O N b ti 0 ti F. ..1 O .Q. .C 0. -. .. } ~'~. Low flow, looking downstream about 75 yazds above the warden tcoaa nnage. tcocxs dumped over the left bank in attempt to thwart erosion and concrete sacks on the right bank only exacerbates the problem causing accelerated flows and downstream erosion. Concrete weir in foreground provides some down-cutting protection but concrete sacks aze being undermined due to high velocities at their base. The creek needs to be filled m ;r~ firmer level. the concrete weir removed. the thalweQ channel moved °wav from 0 !ti G .] d Calabazas Creek -Saratoga, CA January 12, 2002 Low flow, looking upstream approximately 500 yazds below the sediment dam. Stream appears to have down-cut several feet and is attacking the right bank. The creek needs to be filled to its former level, the channel moved away from the right bank, the bank stoned & vegetated & rock/log vanes installed to steer creek & divert high velocities Low flow, looking upstream about 50 yazds below the Wazdell Road Bridge. Rocks dumped over the banks in attempt to thwart erosion exacerbates the problem causing high turbulence, accelerated flows and downstream erosion. Concrete weir about 20 yazds below bridge provides some grade control but also caused bank erosion. The concrete weu should be removed and a property designed installed rock cross vane installed to provide grade control and keep high velocities away from the banks. _ __ _ J _. _ _ __ Low flow, approx. several hundred yards downstream of Wazdell Road Bridge. Concrete sack armor on both banks accelerates flows causing down-cutting and bank erosion. Chain link fence with brush and debris dumped behind it, just down stream of the left concrete sack wall, is a futile attempt to stop bank erosion caused by the sacks. Concrete sacks & chain link fence need to be remwe~i ~ tb? h»n>ra a1~nrA .W v ~ tar--t N 8 Np b 0 O $.. a S 3 a Low flow, just upstream of the Southern Pacific Railroad Bridge. Pump outfall provides a little water to the creek all yeaz but it all percolates into the ground in the dry season within a mile downstream Bridge reportedly will not pass 100 yr. flood flows. The channel is too wide & deposited sediment has reduced capacity. No overflow zone exists so the bridge generates backwater & high velocities/erosion downstream. modified vortex rock weir would keep the channel sediment free & pazallel culverts should be installed above banld'ull level to provide high flow relief & reduce erosion. SARATOGA CITY COUNCIL MEETING DATE: Mazch 6, 2002 AGENDA ITEM: DEPT: City Manager's Office CTTY MANAGER: ~~-/~ PREPARED BY: DEPT HEAD: SUBJECT: Cities Association Legislative Task Force RECOMMENDED ACTION(S): Accept report and duect staff. REPORT SUMMARY: Background Councilmember Bogosian was appointed to the Cities Association Legislative Task Force in January. At its January meeting the Annual Cities Association Legislative Advocacy Trip was discussed. This yeaz, the trip is co-sponsored by the Cities Association, Santa Clara County and the Silicon Valley Manufacturing Group. At the Council meeting on February 6, 2002, Councilmember Bogosian asked Council to agendize a discussion of several related topics: • Guidance on the City's position on various legislation so that he could accurately represent the City's position in'the Legislative Task Force. Explore the relationship between the Cities Association and the Silicon Valley Manufacturers Group to ascertain the nature of the relationship and to understand if the positions of the two aze complementary. Attached to this staff report are copies of a-mail correspondence from the Silicon Valley Manufacturing Group and the Cities Association answering, in part, the second question above. Carl Guardino, representing the Manufacturing Group, is scheduled to attend tonight's Council meeting to provide further information to the City Council, should it be necessary. f FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTIf~N(S): N/A FOLLOW UP ACTION(S): As per Council direction ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACfIl1~IENTS: Attachment - A: Attachment correspondence from the Cities Association Attachment - B: E-mail correspondence from the Silicon Valley Manufacturing Group ~~ l..J r~ u Page 1 of 2 Dave Anderson From: -Kris Casto [kris@castoroofing.comj Sent: Thursday, February 28, 2002 1:10 PM To: Sbogosian@aol.com Cc: nstreit@cpa-online.com; Evansbaker@aol.com; waltonsmith@attbi.com; mehaf@gedanken.com; Dave Anderson Subject: Re: Silicon Valley Manufacturing Group Greetings, As President this year of the SCCCA, I was forwarded your note by Gillian. The Advoacy trip this year is our second jointly sponsored trip. Our first trip last year was a co-sponorship between the SVMG and the SCCCA. This year there is a three way partnership of SCCCA, the Santa Clara . County Board of Supervisors and SVMG. The SVMG does not financially contribute to the SCCCA. You asked how we determine bills to support for the trip. The process starts with a vote of the SCCCA Board to task the Legislative Task Force with forwarding their bills/positions to us for approval at our regularly scheduled March 14 meeting where we will have the opportunity to discuss and take action on bills. All along the way, we have had opportunities for input/suggestions from our members: at the LTF January meeting, at a Special sub-committee meeting 2/20, and at our meeting scheduled for today 2/28. We have also scheduled a Special General Membershhip meeting of all elected offcials to comment tonight after the LTF meeting. . After todays meeting, our Executive Director will forward those potential bills to Board Members in order for each member to have an opportunity to discuss them with their Councils. On the trip the bills that we (SCCCA, SCCBoS, &SVMG) jointly present are ones on which all three concur. At tonights meeting all three group will be represented. We hope you can join us. I hope this has answered your questions. Please feel free to let me know if you need any clarifidation. Stan, it was great to see you at the January LTF meeting. Hope to see you March 14 Kris Casto, President of Santa Clara County Cities Association -----Original Message----- From: SbogosianCo~aol.com [mailto:5bogosianCa~aol.comj Sent: Friday, February 15, 2002 9:13 AM To: GillianMoranClosccca.gov; cguardinoCo~svmg.org Cc: nstreitCalcoa-online.com; EvansbakerCa~aol.com; waltonsmithColattbi.com; mehafCalgedanken.com; davea@saratoga.ca.us Subject: Silicon Valley Manufacturing Group Gillian, Our council has agendized a discussion of the relationship of the Manufacturing Group and the Cities Association insofar as lobbying is concerned. We would like to determine, to the extent possible, the relationship between the lobbying position of the Manufacturing Group and the Cities Association, and see if Attachment-A Page 2 of 2 that coincides with the best interests of our community. Our staff needs to have some background information on the relationship. For example, how long has the Manufacturing Association been sponsoring the legislative trip to Sacramento? To what extent do they financially contribute to the Cities Association? Have votes of the Cities Association membership been taken on issues brought forward by the Manufacturing Group, and what was the outcome? Please address this information to Dave Anderson, City Manager Thanks, Stan Bogosian _ Council Member City of Saratoga Legislative Task Force Representative, Cities Association Dave Anderson From: Gillian Moran [GillianMoran@sccca.gov] Sent: Friday, March 01, 2002 9:36 AM To: Bernie Strojny; Bob LaSala; Brian Loventhal; Dave Anderson; David Knapp; Debra Figone; Del Borgsdorf; Eugene Leong; Frank Benest; J. Edward Tewes; Jay Baksa; Jennifer Sparacino; Kevin Duggan; Maureen Cassingham; Philip Rose; Richard Wittenberg; Tom Wilson; Toni Casey; Tim Risch; Suzanne Jackson; Steve Blanton; Dave Cortese; Sandra James; Sally Lieber; Rick Kitson; Rebecca Elliot; Nadine Levin; Matthew Dean; Judy Kleinberg; Joanne Benjamin; Jenny Haruyama; Hedy Chang; Francis La Poll; Dolly Sandoval; Craig Gartman; Bob Livengood; Betsy Shotwell; Aldyth Parle Cc: Susan Kitchens; Rhonda Pellin; Patricia O'Hearn; Pat Dowd; Marian Cosgrove; Linda Seastrom; Linda Lagergren; Kathy Margrave; Julie Ivanitskaya; Irma Torrez; Elaine Lewis; Donna Rogers; Cathleen Boyer; Carol Scharz; Anne Bybee; Ann Sullivan; Angelita Salvador; Gillian Moran; Henry Manayan; Joe Pirzynski; Kris Casto; Pat Vorreiter; Tom Springer Subject: Cities Association Legislative Task Force Report for Action ®~ LTF mendations 200202 Good morning LTF Legislative Task Force representatives and City Managers: Last night the Legislative Task Force met to set a recommended list of bills to support or oppose on the April 2-3 advocacy trip. Your city is encouraged to review and/or consider these bills and concepts with council colleagues and .city staff. The LTF recommendations will be considered at the a March 14 meeting (7 p.m. City Hall) of the SCCCA Board. Information about the bills and summaries of the bills are available from the League of Cities www.cacities.org~ These bills are sure to change in content and in status in the coming weeks, so please follow them. we hope you will join the Cities Association April 2-3 Legislative Advocacy Trip, jointly sponsored by the County Supervisors and the Silicon Valley Manufacturing Group. Registration for the Tuesday-Wednesday trip is due March 15 (call 730-7770 for details). SCCCA Legislative Task Force recommendations are included in this message, but are more legible in the attached table. Policy Area Name Sponsor Number Topic Position Local Fiscal Simitian AB 1200 ERAF caps Support . Local Fiscal Library/ERAF funding Figueroa SB 94 ERAF cuts and libraries Support Local Fiscal Vehicle License Fee Concept: Protect local gouts from VLF revenue losses Support Education Schools bonds No number School bonds on 11/02 ballot ' Support Transportation Diesel Fuel Sales Tax Longville Similar bill being prepared by Sher AB 2809 Support Environment Water Security/Reliability Pappan/DUtra/Simitian AB 1832 Hetch Hetchy Repairs Support xousing Housing Bond Burton SB 1227 $2 Billion Bond to 11/02 ballot Support Housing Housing Trust Funds Diaz AB 1891 Allocates bond money to HTFS 1 Support Gillian Moran Executive Director Santa Clara County Cities Association 505 W. Olive Avenue Suite 630 Sunnyvale, CA 94086 Phone 408 730-7770 SANTA CLARA COUNTY CITIES ASSOCIATION At a 2/28/02 meeting of the Legislative Task Force, the following bills and positions were recommended for approval by the Board at its 3/14/02 meeting: Policy Area Name Sponsor Number Topic Position Local Fiscal Property tax Simitian AB 2100 ERAF caps at Support revenue 2005 shifts: limitation. Local Fiscal Library/ERAF Torkelson & S694 Protects library Support funding Figueroa districts from Speier SB 74 further ERAF cuts Local Fiscal Vehicle N/A N/A Concept: Keep Support . License Fee VLF backfill for local overnment Education Schools N/A No 12 Billion Support bonds number School assigned Construction yet 'Bond on 11/02 ballot Transportation Sales and use Longville - AB 2809 Clarifies, for Support taxes: Similar bill being purposes of the exemption: prepared by Sher diesel fuel diesel sales tax and use tax exemption, the definition of farming activities. Environment Regional Pappan/Dutra/Si AB 1823 Hetch Hetchy Support Water mitian Repairs Security and Reliabili Housing Housing Bond Burton SB 1227 $2 Billion Bond Support; to 11/02 ballot Housing Housing Trust Diaz A61891 Allocates bond Support Funds (Housing money to Bond HTFs- Trailer Bill Page 1 of 2 Dave Anderson From: Carl Guardino [cguardino@svmg.orgj Sent: Tuesday, February 19, 2002 10:08 AM To: Sbogosian@aol.com; GillianMoran@sccca.gov Cc: nstreit@cpa-online.com; Evansbaker@aol.com; waltonsmith@attbi.com; mehaf@gedanken.com; Dave Anderson; keverett@svmg.org Subject: RE: Silicon Valley Manufacturing Group Hi Stan - I hope you are well, and thanks for copying me on this a-mail. We have enjoyed working with the Cities Association on our Advocacy Trip, and perhaps I can help to answer some of your questions. First, while this is the second year that the Cities Association will serve as our partners, it is the sixth year of this Annual Trip and partnership with local elected officials. For the first four years, the official partner was the County Board of Supervisors. Last year, we partnered with the Cities Association, and this year, we are delighted to say, the partnership is a three-way effort. Relative to the issues raised in Sacramento, the Cities Association Legislative Committee, the Government Relations Committee of SVMG, and representatives of the county have been meeting to discuss issues, the specific bills around those issues, and then working those issues through each of our processes. Generally, we stick to the most challenging quality of life issues each of our constituencies face (your residents, our employees and their families), such as traffic, housing, education, the environment and energy. In the past, city representatives have often asked to have ERAF on the table, which -while not directly our "issue" - is of such importance to local government finance that we are certainly comfortable with it. Occasionally, we also have a tax issue, like this year's issue of conforming state tax law to federal tax law for retirement plans of California residents. However, nothing has been set in stone on any of these issues to date. Relative to your question about "who pays for the trip," everyone contributes, as we recognize the Cities Association does not have a big budget. SVMG and its members have traditionally underwritten big ticket items like the Legislative Reception, Legislative Dinner for Bay Area members, et cetera. In addition, as we dedicate the staff resources, we tend to do a lot of the office work to make the appointments, et cetera, although .we are delighted that Gillian has kindly volunteered some of her time to these tasks as well. Her assistance in this regard is a great help. If you or your colleagues need any additional information, please let me know. Best Wishes, Carl Guardino -----Original Message----- From: Sbogosian@aol.com [mailto:Sbogosian@aol.com] Sent: Friday, February 15, 2002 9:13 AM To: GillianMoran@sccca.gov; cguardino@svmg.org Cc: nstreit@cpa-online,com; Evansbaker@aol.com; waltonsmith@attbi.com; mehaf@gedanken.com; davea@saratoga.ca.us Subject: Silicon Valley Manufacturing Group Attachment-B Page 2 of 2 Gillian, Our council has agendized a discussion of the relationship of the Manufacturing Group and the Cities Association insofar as lobbying is concerned. We would like to determine, to the extent possible, the relationship between the lobbying position of the Manufacturing Group and the Cities Association, and see if that coincides with the best interests of our community. Our staff needs to have some background information on the relationship. For example, how Tong has the Mahufacturing Association been sponsoring the legislative trip to Sacramento? To what extent do they financially contribute to the Cities Association? Have votes of the Cities Association membership been taken on issues brought forward by the Manufacturing Group, and what was the outcome? Please address this information to Dave Anderson, City Manager. Thanks, Stan Bogosian Council Member City of Saratoga Legislative Task Force Representative, Cities Association SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 ORIGINATING DEPT: City Manager AGENDA ITEM CITY MANAGER: ~~~-~-~'--~ PREPARED BY: DEPT. HEAD: SUBJECT: Public Safety Center - 50% Design Review RECOMMENDED ACTION(S): Accept report. Take public input. Provide direction to AdHoc Committee. BACKGROUND: The City of Saratoga is working with stakeholders to develop a new Public Safety Center at the comer of Highway 9 and Saratoga Avenue. It is envisioned that the Public Safety Center will include a new fire station and a new Westside Sub-Station for the Sheriffs Office. It is also a possibility that a new Post Office would be located on this site, or elsewhere in the Village. The existing Sheriffs facility occupies approximately 5,000 sq. ft., and is located in the back of the old Post Office building. This building was built in the 1960's and is in dilapidated condition. The existing quarters are cramped and leave no room for expansion. Additionally, there are serious seismic safety concerns regarding this structure. The current lease on the building expires in October 2002. The same can be said for the current fire station. The Fire District obtained approval of the voters for a six million dollar bond issue to provide the funding to replace the old fire station. An Ad Hoc committee has been formed consisting of stakeholders from the County,"the Sheriffs Office, the Fire Department, the FACT Group, the Post Office, the Federated Church, and various neighbors and citizens groups. The Committee is charged with exploring conceptual design options for a Public Safety Center. The City has hired ATI Architect Engineers to facilitate the conceptual design process. The committee to date has developed conceptual plans containing three basic options: -- Option 1 includes the three existing agencies on the site; Sheriff, Fire and Post Office, without using additional parking resources from the adjacent Federated Church. -- Option 2 includes all three agencies and utilizes additional parking from the adjacent Federated Church. -- Option 3 includes only two agencies, with the Post Office or Sheriff's Office `~ moving from the site: It is hoped that this dialog will make possible amuch-needed new facility for the Fire District and the Sheriff s Office that will provide adequate space for their operations, as well as providing for their safety in the event of an earthquake. ATI has provided the AdHoc Committee with technical expertise and has proved equal to the task of facilitating an extremely diverse and difficult group dynamic. The 50% conceptual design milestone is intended to show the City Council and the public a variety of plans for review and corrunent. This is the first time these designs have been presented to the City Council and to the public at lazge. The AdHoc Committee is seeking input to help refine and narrow the options under consideration. After tonight's meeting the AdHoc Committee will meet to refine the selected options to bring back to the City Council and public on April 3, 2002. A narrative description for each option is included below. Drawings of each option and a financial analysis are included as attachments to this staff report. Option 2 -Scheme 1 In this scheme, the Fire Department and Sheriffs or Postal Department is housed in new two-story buildings with a shared common lobby facing the intersection. The `Back-up' fire station faces Saratoga Avenue, and will have part of its second story over the first story of the adjacent building. The Postal Service or Sheriff s Department will move to a new location in The Village. Contempo property will be sold to the Church: Parking will be provided in the form of an underground parking garage on site and under Church parking lot accessible from Saratoga Avenue, and as surface parking accessible from Saratoga Avenue and Highway 9. Additional underground parking of 80 spaces below the Contempo property and under Church pazking lot will be dedicated for Church parking. The Church will have a joint access agreement with the Fire and Sheriffs Department for access to parking under Contempo. It is estimated that this Scheme will provide surplus pazking of about 34 stalls. Option 2- Scheme 2 In this scheme, the Fire Department and Sheriff s or Postal Department is housed in new two-story buildings with a shared common lobby facing the intersection. The `Drive- through' fire. station is accessible from Sazatoga Avenue, and will have part of its second story over the first story of the adjacent building. The Postal Service or Sheriffs , Department will move to a new location in The Village. Contempo property will be sold to the Church. Pazking will be provided in the form of an underground parking gazage on site and under Church parking lot accessible from Saratoga Avenue, and as surface pazking accessible from Saratoga Avenue and Highway 9. Additional underground parking of 80 spaces below the Contempo property and under Church parking lot will be dedicated for Church parking. The Church will have a joint access agreement with the Fire and Sheriff s Department for access to parking under Contempo. It is estimated that this Scheme will provide surplus pazking of about 30 stalls. Option 3 -Scheme 1 In this scheme, the Fire Deparhnent and Sheriff's or Postal Deparhnent are housed in separate two- story buildings. The `Back-up' Fire Station is located at the intersection of Highway 9 and Saratoga Avenue. The Postal Service or Sheriff s Department will move to a new location in The Village. Contempo property will be sold to the Church. Surface parking is provided throughout the site accessible from Saratoga Avenue and Highway 9. Minimal underground parking is envisaged in this scheme. This scheme will require some off-site parking. Option 3 -Scheme 2 In this scheme, the Fire Deparhnent and Sheriff s or Postal Deparhnent is housed in one two- story building. The `Drive-Through' Fire Station is located at the intersection of Highway 9 and Saratoga Avenue. The Postal Service or Sheriffs Department will move to a new location in The Village. Contempo property will be sold to the Church. Surface parking is provided on site accessible directly from Highway 9. Underground parking on site is required in this scheme. It is estimated that this Scheme will provide surplus parking of about 16 stalls. Option 3 -Scheme 3 This scheme provides a new Fire station with minimal impact to the site, by reconfiguration of property owned by the City, the Postal Service and the Fire Department. By swapping the property located across from Contempo, currently owned by the Fire Department, with the Postal Service and re-configuring that property with the City owned Alley and the Monument Plaza, it will become possible to build a new Fire Station without affecting the functioning of the Postal Service or the Sheriff s Office. In this scheme no underground parking is required. Surface parking dedicated to the Fire Department is accessible from Highway 9 and that for the Postal Service /Sheriff s Office is accessible form Saratoga Avenue. Under this scheme 28 off site parking stalls will be required for the Sheriff s Office and two for the Fire Department. The Post Office function will not change with this scheme and will use 10 parking spaces. FISCAL IMPACTS: Included in Attachment "A". CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): Listed above. FOLLOW UP ACTION(S): Receive input from the City Council and refine Option(s) for April 3, 2002 Council meeting/public review of 100% conceptual design. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Analysis - 50% Design Option 2 -Scheme 1 Option 2 -Scheme 2 Option 3 -Scheme 1 Option 3 -Scheme 2 Option 3 -Scheme 3 SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: I .ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~ .- ~ PREPARED BY: Lorie Tinfow DEPT HEAD? ~ ti-N~~}~ U SUBJECT: Saratoga Library Room-Naming RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: The Library Bond prohibits funds to be used for expenditures other than those related to construction or fixed interior equipment. As a result, no funds are available for furniture or movable equipment. The Friends of the Saratoga Library are preparing to fundraise for furnishings, fixtures and equipment, and plan to launch their campaign in April. Fundraising options will include engraved floor tiles, engraved decorative book spines, and donor plaques. In the course of the Friends' planning, the question of whether or not to offer room-naming as a fundraising option was raised. The Friends have decided not to pursue the idea. However, Councilmember Bogosian asked that the topic be presented to Council for consideration in case interest was expressed by a future donor. The Friends' fundraising options range up to $100,000 which will be recognized by large lettering on a main donor recognition plaque in the lobby area. Room-naming as a library fundraising tool has been used in a number of libraries although none in Santa Clara County. Nearby examples include the San Francisco Public Library and the Orinda Library. The range of naming opportunities can extend to spaces other than rooms. For example, in Orinda donors named an art gallery ($200,000), a toddler area ($100,000), the browsing court ($50,000), a reference court ($50,000), the tutoring room ($50,000), various alcoves ($50,000) and can•els ($50,000). Copies of materials from various libraries are attached for your information. The Friends of the Saratoga Library aze optimistic that adequate funds will be raised to cover needed library furniture and equipment. However, if Council wants to leave the option open, a policy that includes specific naming opportunities and expected dollar contributions would need to be developed and adopted. FISCAL IMPACTS: Fiscal impacts are unclear at this time. The opportunity for a significant contribution to the library exists but to date no such donor has been identified. By having no room-naming opportunity, the City could lose out on funds that could either be added to the fundraising already underway or pay for enhancements not in the current budget. By having such a policy, there is no certainty that a donor would be identified. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No recommended action. ALTERNATIVE ACTION(S): Adopt a policy of no room-naming options. Direct staff to develop a draft room- or space-naming policy for Council consideration at a later meeting. FOLLOW UP ACTION(S): Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Copies of materials from other libraries: 2of2 'flee Triawls attee orhda Iahrrar~ ara Srateill bo the tatiotNee~ deaaa wear. nth wfl br eciu.srri.d~ea w insdk.~.ow Leahor Rotwda 5750,000 Pine Forman (w be amoonvedj sysoooo o7arxi CJiidren'a Library 3300,000 8dgar AR CiaIlary S200,000 tibaary dirt 4atlwr5' (m ba smaa~eoadj 3200,000 SCrverrrm Taddla Aza f 100,000 Daryl Hewkinn M,emmiat'YosuegAst0n Area 5100,000 )taokaerga ~rt 5.100.000 ltaading Gardaea (pr~uH1 5100,000 ~ Cosut SiOaooo T1'iban Lobby S50,000 z.araae.aro.~n8 cast ssoooo peaao Mautia cratra ssoooo >t coerr ssoono Prulam Frimnda C1fY`ioa SS0,000 WooQ.7'~motfie8 matte S30,000 Joan 8. MaetgomerY Alooti+e {Adult) S30,0fl0 Wine Aicorm (YwgQ Ad.tt) 330,000 t~idamsith Alcmro (Ch~pdrpr'rj 330,000 Ha~Saga Atoo-e(T') 530,000 Ue7onSha ~Y ~~n SSO,000 wa~rrt•a and h Womtie'r Firaplea- sso,00o Apul I9, 2001 The Board of Trustees Columbus Metropolitan Library Naming Library Facilities The Boazd of Trustees of the Columbus Metropolitan Library has the sole responsibility for naming or renaming library facilities. The purpose of this policy is to enable the Board from time to time to recognize the generosity of an individual(s) and/or corporation(s), foundation and/or other donor(s) by choosing to create a specific designation for a library facility. I. Naming Library Buildings Library buildings that are new, relocated or significantly remodeled may be named or renamed by the Board. The Board will honor a donor that wishes to have a library building bear a designated name when the donor agrees to contribute at least 50 percent of the initial estimated cost of construction of the building. When a donor desires exclusive naming rights for the entire facility, the donor will agree to fund the cost of construction, equipment and the facility's collection at a percentage rate established by the Board but . not less than 75 percent of the total estimated cost. Donors that wish to name a library building must share the name of the neighborhood of the library, unless otherwise agreed upon by the Board. Naming contributions may be accepted for libraries that are a part of the library's tax-supported construction schedule. When a donor wishes a building, space or facility to bear a desired name and tax dollars are available to fund the project, the donor may contribute the equivalent sum detailed above to the library foundation. II. Other Library Spaces Meeting rooms, reading lounges, special use areas, collections, equipment, gardens, walkways and other interior and exterior spaces and facilities may be named or renamed by the Board in new, relocated or significantly remodeled buildings andlor if the specific space or equipment in an existing library is new, relocated or significantly remodeled. Levels of contributions for naming rights will be jointly recommended by the Director of Communications and Director of Development based upon actual cost of the space or equipment with consideration of the value ofthe designation to potential donors. Recommendations for these levels must be approved by the Boazd Developtent Committee for implementation. III. Donor Recognition Following Board approval of a selected name, the Library will install appropriate signage to recognize and cite the donor's significant role in expanding the scope of library services. t- The Library will refer to a facility or space by the correct name in all library printed and electronic materials, signage, etc. IV. Payment and Conditions The Library Development Director will be responsible for creating a written agreement for each donor that will be jointly signed by the donor and the Library Director. The agreement will contain conditions, terms and a payment schedule for the contribution. V. Condition of Acceptance While the Board is grateful for and encourages donations from all individuals, businesses and organizations, the Board will decline naming proposals from donors related to religious or political organizations. All final decisions on donor designations rest with the Board of Trustees. The Board has the right to decline any gift to the library. Proposed Policy Title: Gift Acceptance/Naming Facilities Policy Date Approved: August 30, 2001 Effective: August 30, 2001 Approved By: Board of Trustees Replacing: New Policy The purpose of this policy is to enable the Boazd from time to time to recognize the generosity of an individual(s) and/or corporation(s), foundation and/or other donor(s) by choosing to create a specific naming designation for a library facility or portion of a facility. While the Board is grateful for and encourages donations from all individuals, businesses and organizations, the Board has the right to decline any gift to the library and/or reject naming proposals. The Board of Trustees of the Columbus Metropolitan Library has the sole right to name or rename library facilities. Naming Library Buildings and Other Spaces. The Board of Trustees may name or rename Library buildings that are new, relocated or significantly remodeled. Meeting rooms, reading lounges, special use areas, collections, equipment, gardens, walkways and other interior and exterior spaces and facilities may be named or renamed by the Board to recognize a donor in new, relocated or significantly remodeled buildings and/or if the specific space or equipment in an existing library is new, relocated or significantly remodeled. The Board will review, consider and approve or decline a proposal that a library building beaz a designated name only when a prospective donor wishes to contribute at least 50 percent of the initial estimated cost of construction of a qualifying building. The Board may grant exclusive namine rights for an entire facility if a donor agrees to fund the cost of construction, equipment and the facility's collection at a percentage rate established by the Board but not less than 75 percent of the total estimated cost. The name of the neighborhood of the library will be included in a facility's name unless otherwise agreed upon by the Board. The Board may choose to grant naming rights for buildings and other spaces that are a part of the library's tax-supported construction schedule if a donor contributes the equivalent sum detailed above to the Carnegie Society Fund. V 05-2='-S?9v 03~i5Phl FROM hlor~e Imt~t~te Librsry TO 91~'?34433~81 P.Ol i~ ii 'I i i' ~ MORSE INSTITUTE LIBRARY ! '' rVamed Civirrg Opportunities I M I ~ Spring 1997 ~ ~ ~' i, i i ~ .'~ i' ~hildren's Rooms/Family Services ; $200,000 it ttarge Community Meeting Room ~ $200,000 ;j eri'odical corriilOr and newspaper room $100,000 j !i ocal History Rom (includes climate controE) ~ $100,000 edium Community Meeting Room I $50,000 !f ru$tee ~onfemnce Room ! $50,000 } ~tudy Room -octagonal C ! $25,000 ` ~:afe and area I' + $25,000 ' ':I `!'oung Adult Room $25 000 ,i ~tudy Rooms ~ 7 (c~ $10,000 q I~iichen ,i ` ' i $10,.000 ;I I 1 ~~ ~~eneral Areas of the library: ' ' i . Non-Fiction i $25,000 ,~ t Reference Area i $25,000 i ` Fiction ~ ' `,~ 1 Newjmaterials i $25,000 1 large print ~ ~ $25,000 °hildren's Area:- ''i ~ Children's PFogram Area i $25,000 ~' ~ Children's Reference Desk ~ $25,000 i Double brick bay ' 2 ~ $20 000 ;; • Single brickbat' i , ~ 1 Q $10,000 1 •I ~ i -1--j -_..... _... ..-~---- I f i P st-it°F~ucNote 7671;. Daze ~ ~ea9es~ ~ n0 J~<Y% DrOm~7liC1J': cram ' GY9,d ~u.5 . o ~o.~o _-.~:r.~'~ Phona.~~ _ ~/b/ .. Phonea ~ ` p,.x ~ 3 / cexx ~O /. 3~6 05-22-1995 03~15PM FROM Morse Institute Library i 1j 4 L~obbyw/display 4irculation Desk: eference Deski ~ol!'ectio!ns: , FiCtiOn Children's ~ Art 1 .~ .Business History Science 'j :i , 7ectinology stations stations i TO $200,000 $75,000 $50,000 ' $20,000 1~ " $20,000 ; $70,000 $70,000 $70,000 ~~ $10,000 ' $250,000 2 @ $25,000 X40 @ $2,500 I t 1 /eteran's Memorial ~ ( $50,000 S tained Glass Windows 14 @ $25,000 S tained Glass Ceiling II. $25 000 Atrium Skylight: i $25,000 Alice in Wonderland Area j $10,000 ( ~th'er possibilitlesc Landscaping (construction, maintenance, endowment) ~ $200,000 i Benches ~ Q @ $5,000 ~ Security System ; $25,000 Elevators ~ 2 @ $25,000 ~ Lower Levef; Display Cases I 2 Cad $5,000 ' ~ Cafe displays 1 + 3 @ $5,000 1 Bay Window Carrels 7b @ $7,000 ~' 1 Individual Study Carrels , i 70 @ $1,000 , 915?3x433251 F.02 r I I i i TOTAL F.02 ~uLV rnruc~u, rulJl~u l.lntctit~t Specific Opportunities for Giving $250,000 Community Meeting Room`j'X) $150,000 Quiet Reading Room 5(~~ $100,000 ComputerTeachin Lab $ 75,000 East Tower o est Tower SOLD $ 50,000 Conference Room- SOLD $ 50,000 Friends' Book and Coffee Shop-SOLD $ 50,000 New Books Display Area $ 50,000 Children's Siory Hour Room $ 50,000 Entry Driveway $ 35,000 Small MeeGng/Study Rooms $ 35,000 Drive-up Book Return $ 35,000. Children's Wing Screened Porch $ 35,000 Adult Wing Screened Porch-SOLD $ 30,000 Circulation Desk $ 30,000 Reference Desk $ 30,000 Children's Desk $ 25,000 Children's Wing Gateway $ 25,000 Entry Lobby-SOLD $ 25,000 Career Center-SOLD $ 25,000 Business Reference Area-SOLD $ 25,000 Friends' Room-SOLD' $ 25,000 Staff Lounge~"'L~ $ 20,000 Children's Play Area-SOLD $ 20,000 Young Adult Area- SOLD $ 20,000 Large Print Section- SOLD $ 20,000 Audiovisual Area ~( ~ $ 20,000 Exterior LibrarySignage $ 20,000 Landscaping of the Entrance and Parking Lot $ 15,000 Exterior Gatdens-SOLD $ 10,000 Individual large furnishings, i.e., book stacks, electronic work stations $ 5>000 Individual furnishings, i.e., study carrel large study tables All abotr donors mill be noted on the Donor Recognition Wa and by a plaque at the chosen rite. For a detailed descriptio, ojitems and oJrecognition, please consult accompanying lit erature, ar eaU the Gtbrary Director at 837-5~9. ,~ SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: n~ ORIGINATING DEPT: Community Development CITY MANAGER: 4/~~~-' PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Resolution of the City Council Requesting a Study and Report on Proposed Zoning Ordinance Amendments to Establish aMixed-Use Overlay Zone RECOMMENDED ACTION(S): Adopt the attached Resolution which provides Direction to Staff and Planning Commission regarding the establishment of a Mixed-Use Overlay Zone. REPORT SUMMARY: The City's draft Housing Element contains several housing programs; one of the programs is Program 1.2: Amend Zoning Code to Implement aMixed-Use Overlay Zone. The action that is proposed would start the formal preparation of a Zoning Ordinance Amendment to implement the Program 1.2. The areas that are suggested to be studied relate to the development standazds and are included in the attached Resolution. The language of the resolution will allow the Planning Commission to expand the list as they deem needed. On April 19, 2000, the City Council had adopted an Interim Ordinance that was in place until the voters decided the fate of the moratorium on 'a ballot measure regarding multi-family development in the commercial zones. Measure G was adopted by the voters on November 7, 2000. The measure will expire on March 15, 2002. The attached Resolution will provide direction to Staff and the Planning Commission when reviewing development proposals. Once the draft Housing Element is adopted, it will provide additional policy direction. It is expected that the Planning Commission will report back to the City Council prior to the end of June, however, the attached Resolution sets a date of July 3, 2002 for them to report back. FISCAL IMPACTS: There will be cost associated with Public Hearing notification and Staff Report prepazation and duplication. ~' CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): There will be a void with regard to policy direction related to mixed-use and/or multi-family development review. ALTERNATIVE ACTIOI(S): 1. Add or delete items suggested to be studied which are listed in the attached Resolution: FOLLOW UP ACTION(S): 1. Staff to development Ordinance language and set Public Hearing 2. Planning Commission shall conduct required Public Hearings on draft Ordinance to consider the proposed Mixed-Use Overlay Zone and related Environmental Determination. ADVERTISING, NOTICING AND PUBLIC CONTACT: This agenda for this item was duly posted on March I, 2002. ATTACHMENTS: 1. Draft City Council Resolution 2of2 ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA REQUESTING A STUDY AND REPORT ON PROPOSED ZONING ORDINANCE AMENDMENTS TO ESTABLISH AMIXED-USE OVERLAY ZONE - Whereas, the City of Saratoga is considering adoption of a Housing Element calling for creation of a mixed-use overlay zone establishing development standards suitable for the development of low- and moderate-income housing; and Whereas, the City of Sazatoga wishes to ensure that opportunities presented by mixed use development aze realized in a manner that facilitates development of a broad range of housing types within the City and which safeguards the health, safety and welfaze of the residents of the City of Saratoga and the surrounding region. THEREFORE, BE IT RESOLVED THAT: 1. The Planning Commission is directed to study and report on amendments to the City of Sazatoga Zoning Code to establish a mixed use overlay zone and standazds to be applied to development in the mixed use overlay zone. 2. The Planning Commission shall study and report on standards that include, but aze not limited to, the following: • The maximum density is twenty (20) dwellings per net acre. • The dwelling unit(s) shall be located either on the second floor or at the rear of the parcel. • The dwelling unit(s) shall not comprise more than fifty (50) percent of the total floor.area of all buildings on the site. The maximum floor azea allowed may be increased by 10% for projects providing below mazket rate rental housing • Parking for both the commercial and the dwelling unit(s) shall be as specified in the Zoning Ordinance, provided that the Planning Commission may consider shared parking in some cases. Resolution No. Page 1 of 3 f • Perimeter fencing shall be required to the maximum height allowed in the Zoning Ordinance. • Each dwelling shall have private, usable outdoor space, i.e. decks, balconies, yards or patios. • The maximum height of a mixed use structure shall be 26 feet. Any structure that is solely commercial on a site that has mixed use the maximum height is as is in the underlying zoning. • The design of mixed use projects will be required to conform to the policies and techniques of the Residential Design Handbook. • Overall site coverage may be increased up to 10% for projects containing below market rate housing units. • Mixed use projects shall have sound walls and landscape screening in order to protect the privacy and quality of life of abutting single family residential lands uses. • The residential component of a mixed use project shall be rental. The individual dwelling units shall range in size from 850 sq. ft. for 1-bedrooms units to 1,250 sq. ft. for 3-bedroom units Sequent mixed use development. • Commercial properties created or developed through a previous mixed use or multi- family development are disallowed from further or subsequent mixed use projects • Develop an in lieu fee for park construction for smaller mixed use projects • Require common, useable open space in lazger mixed use projects 3. The Planning Commission shall present a report and proposed Zoning Ordinance amendment to the City Council no later than Wednesday, July 3, 2002. 4. A copy of this resolution shall be posted in the office of the City Clerk for not less than 15 days and shall be published in the Sazatoga News. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this day of , 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Resolution No. Page 2 of 3 ATTEST: City Clerk Mayor Page 3 of 3 Resolution No. SARATOGA CITY COUNCIL MEETING DATE: March 6, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~~- PREPARED BY: Lorie Tinfow DEPT HEAD. e~ SUBJECT: Invitation to Participate in the Association of Monterey Bay Area Governments and Silicon Valley Inter-Regional Partnership RECOMMENDED ACTION(S): Consider the City of Sazatoga's participation in the Association of Monterey Bay Area Governments and Silicon Valley Inter-Regional Partnership. REPORT SUMMARY: A couple of weeks ago, the Mayor received a letter from San Jose Mayor Ron Gonzales inviting him to participate in the Association of Monterey Bay Area Governments and Silicon Valley (AMBAG/SV) Inter-Regional Partnership. Copies of the letter were distributed to the City Council. Questions about why Saratoga had not received such a letter before as well as the purpose of the group were raised, and staff was asked to investigate and report back. A conversation with a member of Mayor Gonzales' staff revealed that they believe both an initial invitation to participate and quarterly agendas have been sent to Sazatoga since the group's inception ih November 2000. City staff keeps copies of correspondence sent to the Mayor and Council, but no copies were found in our files. The staff person further reported that most other Santa Clara County cities have been participating either by having an elected official or a City Manager attend, and suggested I speak with the staff person assigned to the project. She was out of the office and I was unable to talk to her directly before this report was due. I will include any additional information I gather at the meeting. I have also requested copies of the past agendas to provide a better sense of the group's focus, and will provide copies when they arrive. I also spoke with Gillian Moran of Santa Clara County Cities Association; she is familiar with the group and was glad to heaz that Saratoga was considering participation. The AMBAG/SV Partnership was formed in November 2000 and meets quarterly. Their Statement of Purpose is attached. Meetings aze typically held in the evening and locations are rotated. Examples of topics include the regional implications of transportation and housing. They are in the process of establishing an advisory committee of community representatives from organizations such as the Greenbelt Alliance, the Sierra Club, Joint Ventures Silicon Valley, and Santa Clara Valley Transportation Authority as well as planning directors from a number of cities. Proposed future meeting dates and locations follow: ^ May 13, 2002, in Morgan Hill ^ August 26, 2002, in Santa Claza County ^ November 25, 2002, in Monterey ^ February 24, 2003, in Santa Cruz County FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): No recommended action. ALTERNATIVE ACTION(S): Not applicable. FOLLOW UP ACTION(S): Staff will draft a letter relaying Council's decision about whether or not to participate in the partnership. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: AMBAG/S V Inter-Regional Partnership Statement of Purpose Sample agenda from the February 25, 2002 meeting. 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Inter-Regional Partnership Meeting Salinas National Steinbeck Center Monday, February 25, 2002 6:30 - 8:30 p.m. AGENDA 6:30 Social 7:00 Welcoming Remarks Mayor Gonzales, Co-chair, City of San Jose President Aguilar, Co-chair, AMBAG 7:15 Brief History of this Inter-regional Partnership Group Mayor Gonzales, City of San Jose Mayor Perrine, City of Marina 7:25 The Inter-regional Partnership Study 1. Brief Overview of the Study 2. Stakeholders Working Gmup Membership 3. Task 1: Existing Conditions Kate McKenna, AMBAG Staff Jennifer GalIiart, City of San 3ose Staff 7:50 The Bay Area/Central Valley Inter-regional Partnership Gerald Raycraft', Planning Duector, ABAG 8:10 Future Meetings 8:20 Closing Remarks 8:30 Adjourn Future Meetings (proposed): May 13, 2002 - City of Morgan Hill August 26, 2002 -County of Santa Clara November 25, 2002 -City of Monterey February 24, 2003 - County of Santa Cruz ~J