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Home My WebLink About02-04-2004 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL FEBRUARY 4, 2004 ARCHIVE COPY OPEN SESSION - 5: 30 P.M. JOINT MEETING WITH ARTS COMMISSION CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRVITV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a» Name of case: Jackson v. Saratoga Union High School District (No. CY803595) Conference With Legal Counsel- Initiation of Litigation (Gov't Code Section 54956.9(c): (2 potential cases) Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Pubic Works Director Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Joan Pisani, Recreation Director Employee organization: SMO REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITV ALE 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 properly posted on January 29,2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A!!endized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendations from Boards and Commissions requiring City Council approval are considered as independent agenda items. Report from the Arts Commission. Public Safety Commission Report on Emergency Preparedness - Accept report and direct staff and Commissioners accordingly. Written Communications None Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS 1. Proclamation - Declaring the Month of February 2004 as Silicon Valley Reads Month Recommended action: Read proclamation. SPECIAL PRESENTATIONS None 2 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. Approval of City Council Minutes - January 7, 2004 Recommended action: Approve minutes. 2B. Approval of City Council Minutes - January 24, 2004 Recommended action: Approve minutes. 2C. Review of Check Register Recommended action: Approve check register. 2D. Planning Action Minutes - January 28,2004 Recommended action: Note and file. 2E Annual Approval of the City of Saratoga's Investment Policy Recommended action: Approve the City's Investment Policy. 2F. Fiscal Year 2004-05 Budget Development Process Recommended action: Note and file. 2G. 1st Amendment to the CAL-ID Agreement Recommended action: Authorize City Manager to sign amendment to existing agreement. 2H. Letter of Opposition to SB 744 (Dunn) Recommended action: Authorize a letter of opposition to SB 744 (Dunn). 21. Brookglen, EI Quito and Wildwood Parks: Playground Equipment Upgrade Project - Award of Contract Recommended action: Declare Playgrounds Unlimited the lowest bidder; award construction contract to Playgrounds Unlimited; authorize staff to execute change orders up to $5,000; approve increase of$138,000 to existing contract with George Bianchi Construction. 3 2J. Landscaping & Lighting Assessment District LLA-l: Resolution Initiating Renewal of the District for FY 04-05 Recommended action: Adopt resolutions. 2K. Resolution of Intention to Annex Properties into Landscaping & Lighting Assessment District for FY 04-05 (Saratoga-Sunnyvale Road "Gateway") Recommended action: Adopt resolution. 2L. Valley Transportation Plan 2030 (VTP 2030) - Local Streets and Roads Program Recommended action: Adopt resolution. 2M. Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds Recommended action: Adopt resolution. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total often minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting. 3. 2001-2006 Capital Improvement Plan (CIP) FY 03-04 Update - Adoption of New CIP Projects and Funding Appropriations Recommended action: Adopt resolutions. OLD BUSINESS 4. State Budget Update Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 5. Request for Funding by Saratoga - Monte Sereno Community Foundation Recommended action: Accept report and direct staff accordingly. 6. Code Enforcement Policy and Mediation of Disputes Recommended action: Adopt resolution. 4 7. Discussion/Expectations/Budget for Urban Forestry Plan Recommended action: Accept report and direct staff accordingly. 8. DeAnza/PG&E Trail Funding Agreements Recommended action: Authorize City Manager to execute Agreement with Anonymous Donor for donation of funds for planning and possible acquisition and development of the DeAnza Trail; Authorize City Manager to execute VT A Funding Agreement. 9. LAFCO Service Review - Boundary Drop Resolution Recommended action: Adopt resolution. AGENCY ASSIGNMENTS Mavor Ann Waltonsmith Hakone Foundation Liaison Santa Clara County Cities Association Saratoga Historic Foundation Sister City Liaison Vice Mayor Kathleen King Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Valley Transportation Authority PAC Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Councilmember Stan Bogosian County HCD Policy Committee Emergency Planning Council KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Nick Streit Boundary Drop Oversight Committee Santa Clara County Valley Water Commission Silicon Valley Animal Control JP A West Valley Solid Waste Joint Powers Association West Valley Sanitation District 5 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 or ctclerk@Saratoga.ca.us. 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). Certificate of Posing of Agenda: 1. Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on January 30, 2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us of ,January 2004 at Saratoga, California. -~- Ca 6 \. 2/18 3/3 3/17 4/7 4/21 515 5/19 6/2 6/16 7/7 7/21 8/4 8/18 9/1 9/15 10/6 10/20 11/3 11/17 12/1 12/15 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 Meeting Cancelled - Lack of Quorum Regular Meeting - Joint Meeting with Heritage Preservation Commission Regular Meeting - Joint Meeting with Planning Commission Regular Meeting - Joint Meeting with Saratoga Museum Association Regular Meeting - Joint Meeting with Parks and Recreation Commission Regular Meeting - Joint Meeting with Youth Commission Regular Meeting - Hakone Foundation Regular Meeting - Joint Meeting with Public Safety Commission Regular Meeting - Joint Meeting with Friends ofthe Saratoga Library Regular Meeting - Joint Meeting with Library Commission Regular Meeting Regular Meeting Summer Recess Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting Regular Meeting - Council Reorganization 7 SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 AGENDA ITEM: CITY MANAGER: P J ~ / DEPT HEAD~,j;I,~~ ORIGINATING DEPT: City Manager's Office PREPARED BY: Lorie Tinfow SUBJECT: Public Safety Commission Report on Emergency Preparedness RECOMMENDED ACTION(S): Accept report and direct staff and Commissioners accordingly. REPORT SUMMARY: Background At the joint Council-Commission meeting in January 2002, the two entities discussed future Commission activities. One area that Council expressed interest in having the Commission review was the City's activities related to emergency preparedness. Since that time, the Commissioners have engaged in the following: · Invited a presentation from Santa Clara County Office of Emergency Services (County OES) staff on the State's emergency management system · Attended two Saturday training sessions provided by County OES Director Terry Œtlan and City Manager Dave Anderson · Designated a Commission subcommittee on the topic comprised of Brigitte Ballingall and Mitch Kane · Three commissioners attended Community Emergency Response Team (CERT) training through the City of Cupertino in Winter 2003 and then recommended that the City of Saratoga start a Saratoga-based program (begun in July 2003 through the Recreation Dept.) · One Commissioner attended the week-long Earthquake Emergency Management Course provided by California Specialized Training Institute (CSTI) · Toured the County's Emergency Operations Center · Had numerous discussions with City staff about emergency preparedness and management activities Based on this preparation, the Commission has prepared the attached report and wi11 be presenting it as part ofthis agenda item. The Commission's report includes several recommendations for Council consideration. Summary and Response to Commission Report Recommendations · Pay greater attention to SEMS compliance. In order to qualify for federal reimbursement, Cities must train their staff once per year. Three directors will be attending the week-long County-sponsored emergency management training in March. In addition, staff is planning on- site training using the updated emergency management plan (currently under revision by County OES) for April. The lapse in attention has been partly due to the departure of the staff person responsible for Public Safety duties in July 2002, and the subsequent decision in December 2002 to not fiU the position. The foUowing spring, the City Manager began discussions with County Fire to identify ways they could help fiU the gap. County Fire offered to provide the foUowing assistance: 1. Coordinate the EOC Exercise 2. Plan and implement two staff training sessions (I-EOC/I-0ther) 3. Review and Update the Emergency Management Plan o Repeat review every couple of years 4. Provide telephone consultations as needed · Establish a self-sustainable Emergency Preparedness organization. Every City's municipal code is required to designate a Disaster Council. In most Cities, including Saratoga, the Disaster Council is the City Council and is headed by the Mayor or his/her Council designee. The Council is often not activated until and unless a disaster occurs. A copy ofthe Municipal Code section describing the Disaster Council is attached. Should Council wish to formaUy activate the Disaster Council and assign one Council member to chair the group, staff believes that an annual meeting of public safety providers, representatives from the Public Safety Commission and the City's Emergency Services Coordinator to review the City's emergency preparedness actions would be sufficient to accomplish the goals outlined in the PSC's report. · Make emergency preparedness an "above the line priority". Saratoga now has a staff person designated as the Emergency Services Coordinator who is responsible for attending County-wide meetings and making sure training is performed. · Integrate a trained community into the emergency response structure. CERT focuses on training for residents to assist each other on a neighborhood level. However, in an extended emergency, CERT graduates may be a valuable source of information and even adjunct staffing for public agencies. How to recognize their possible contributions and best use their assistance is under discussion by public safety agencies now. Related to Saratoga, most CERT graduates have been registered as Disaster Service Workers with the City. In addition, one graduate has formed an online group to share information. As the number of graduates grows and CERT becomes more established, we are likely to find 20f3 opportunities for their assistance. Saratoga CERT classes for 2004 are scheduled for March/April and July/August. FOLLOW UP ACTION(S): Staffwill implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Safety Commission was notified of this report. ATTACHMENTS: . Copy ofPSC report . Copy of Disaster Council description taken from Saratoga's Municipal Code 30f3 - ~ "'d E (/) rJJ. rJJ. Q.) ~ "'d Q.) ~ ~ Q.) ~ ~ ~ u ~ Q.) bJ) ~ Q.) S ~ ~ o · ,....¡ rfJ. rfJ. · ,....¡ § o U ~ ~ ~ C\$ r./) U · ,....¡ ~ ~ ~ ~ o .- m m ïê o ü .b ~ (Ij u:¡ u .- :g A. 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(j)d~ (j) 'E ~ !:j ~ ¿j ....... 0 ~ ~ 'T"""' ~ 0 0 bO(j),..Q"'O~ ~ > ~(j)'T"""' ....... 0 d ~ 00 ~ ",D ~....... ~ ....... ~ (j) cd 00 cd ~~..f::j (j) ~ ~ 00"'0 0 ~ § ~ ~ ·E ~ 00 ~ cd (j) ã) cd ~~ 00 00 ~ ~~~ cd ~ cd (j) ~ (j) ~ (j) bO.9 > w >"'000 cd (j) cd (j) 00 ~..f::j ,..Q~~ ~~~OO ~ ~ ~ß~~ I I I ('.\ ..... ~ o .- m m ·s o Ü Þ ~ ro r:/) ü .- ..... "§ p.., ro 0.0 ~ ~ r:/J ~ o o ('.\ --- 00 ('.\ --- ..... CITY OF SARATOGA MUNICIPAL CODE Chapter 6 PUBLIC SAFETY Article 6-05 CIVIL DEFENSE AND DISASTER 6-05.030 Disaster Council. (a) The Disaster Council is hereby created and shall consist of the members of the City Council. The Mayor shall be chairman. The Mayor pro tem shall be vice-chairman. (b) It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chairman or, in his absence from the City or inability to call such meeting, upon call ofthe vice-chairman. Article 6-05 CIVIL DEFENSE AND DISASTER 6-05.040 Director of Emergency Services. (a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. There is hereby created the office of assistant Director of Emergency Services, who shall be the assistant to the City Manager. The assistant Director shall exercise all powers vested by this Article in the Director in the event of the absence or incapacitation of the Director. (b) The Director of Emergency Services is hereby empowered to: (1) Request the City Council to proclaim the existence ofa "local emergency" if the City Council is in session, or to issue such proclamation ifthe City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. (2) Request the governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) Develop emergency plans with the assistance of emergency service chiefs for consideration by the Disaster Council and manage the emergency programs ofthe City. (4) Control and direct the effort ofthe emergency organization of the City for the accomplishment of the purposes ofthis Article. (5) Direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them. (6) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. ( c) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the governor or the director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Director of Emergency Services is hereby empowered to: (1) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations shall be confirmed or modified at the earliest practicable time by the City Council. (2) Obtain vital supplies, equipment and other such properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use. (3) Require emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County or the existence of a "state of war emergency," to command the aid of as many citizens ofthe City as he deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service workers. (4) Requisition necessary personnel or material of any City department or agency. (5) Execute all his ordinary powers as City Manager, all of the special powers conferred upon him by this Article or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by an agreement approved by the City Council and by any other lawful authority. (c) The Director of Emergency Services shan designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council. ( e) The assistant Director shall, under the supervision ofthe Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the City and shall have such other powers and duties as may be assigned by the Director. Article 6-05 CIVIL DEFENSE AND DISASTER 6-05.060 Emergency plan. The Disaster Council shall be responsible for the development of the City emergency plan, which plan shall provide for the effective mobilization of an the resources of the City, both public and private, to meet any condition constituting a "local emergency," "state of emergency" or "state of war emergency;" and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plans shall be adopted by resolution of the City Council. IV\ ~o/\l€/¿ ~ ~ 3tzJ~ ~c¥ +- The Saratogan - aft article f ~-i/)? Like most othe Cities in California, Saratoga is experiencing a budget crisis that has been highly ependent on the outcome ofthe States budget processes. Saratoga is a "limited service" entity with three primary revenue streams that support 70% of the City's general services-property tax, sales tax and motor vehicle license fees (VLF). All three are subject to State takeaway and legislators have indicated they see these funds as sources for State use in balancing their budget. Saratoga is particularly dependent on VLF-the City receives about $1.9 million annually from this source. That amount made up 18% of Saratoga's total revenue in 2002-03. In contrast, other nearby Cities report the following: Los Altos Los Gatos Saratoga Campbell Cupertino VLF as percent of total annual revenue 10% 8% 18% 8% 10% A total of$1.2 million is at risk and since July 1 the City has not received (nor expects to receive) $576,000 for this budget year alone. This loss is more than the cost of a school resource officer and three traffic patrol officers. While much attention has been focused on VLF, Governor Schwarzenegger's budget proposal includes taking additional property tax from Cities. In Saratoga's case, the expected loss is $156,000 for the next budget year. (This amount in addition to the more than $700,000 they have taken each year since the early 1990s.) The proposal also assumes passage of Proposition 57, a one-time $15 billion Economic Recovery Bond to help the State meet its financial needs for the current year. In the event that the bond measure fails, the financial future is unclear. However, the City expects to be further challenged by at least an additional reduction of$486,000 in the VLF revenue stream for this year. The total current reduction would then be greater than $1 million or 12% of the City's current general revenues. matters, the City has started its fiscal year 2004-05 budget process and, we mu have an approved budget before July 1, is likely to have to make financial efore fully knowing the State's actions. \ SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager's Office PREPARED BY: CJb~ Cathleen Bover. City Clerk CITY MANAGER: \ £/ --.:/~/ MEETING DATE: February 4, 2004 AGENDA ITEM: DEPT HEAD: SUBJECT: Proclamation Declaring the Month of February 2004 as "Silicon Valley Reads Month" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: County Superintendent of Schools in Santa Clara County, Colleen Wilcox, has requested that the City of Saratoga proclaim the month of February 2004 as "Silicon Valley Reads Month". This is the second year of the Silicon Valley Reads program, which encourages everyone in Santa Clara County to read and discuss the same book. Tie 2004 selection is "Fahrenheit 451" by Ray Bradbury, a literature classic for 50 years with themes relevant to today. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk will mail proclamation to Colleen Wilcox, Co-Chair of Silicon Valley Reads Month. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of proclamation Attachment B - Letter from Colleen Wilcox t:j-' ,. , CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF FEBRUARY 2004 AS SILICON VALLEY READS MONTH WHEREAS, the mission of Silicon Valley Reads is to promote reading and literacy and an appreciation for good literature while building community; and WHEREAS, Silicon Valley is known worldwide for its achievements in innovative thinking and the exploration of ideas: and WHEREAS, great books spark provocative discussions that can lead to a valuable exchange of perspectives, life experiences and understanding among widely- diverse readers; and WHEREAS, Saratoga is committee to education, challenging thought, open dialogue and community-building activities. NOW, THEREFORE, BE IT RESOLVED, I, MAYOR OF THE CITY OF SARATOGA, do hereby proclaim the month of February 2004 as SILICON VALLEY READS MONTH BE IT FURTHER RESOLVED that the City Council calls upon the residents of Saratoga to read the 2004 Silicon Valley Reads Book "Fahrenheit 451" by Ray Bradbury, and to discuss the book and its themes with family, ftiends, co-workers, neighbors and others in the Silicon Valley community. Witnessed our hand and seal of the City of Saratoga on this 4th day of February 2004. Ann Waltonsmith, Mayor City of Saratoga ,.¡: 01/09 '0416:56 NO.133 02/03 / Silicon Valley Reads One Book. One CommunIty. January 6, 2004 Mayor Ann WaltonsnJitb City of Saratoga l3777 FruitvaIe Avenue Saratoga, CA 95070 Dear Mayor WaltOl1sro.itb, We are writing to request that the City of Saratoga designate February 2004 as Silicon Valley Reads Month.. This is the second year of the Silicon Valley Reads program which encourages everyone in Santa Clam County to read and discuss the same book. Our 2004 selection is "Fahrenheit 451" by Ray Bradbury, a literature c1assíc for 50 years with themes amazingly relevant today. During February there will be multiple activities at schools, h'braries, businesses, community ~el'S'~ o~ QrgMizations throughout our region. In addition to the organized events, a keY'c9!ßÞòÍ1ei1t of Silicon Valley Reads is the informal discussion of a book and its ideas among'fumilies, ftiends, neighbo:rs, co-worke:rs and book clubs. An open dialogue and exchange of ideas leads to closer communitjes and more understanding of diverse points of view. Please join other cities and towns in Santa Clara County in, proeJaiming February 2004 as Silicon Valley Reads Month. Enclosed is a sample proclamation. Please let US know if you need additional information or jfyou would like to schedule an in-person presentation of the proclamation to a member of our Silicon Valley Reads Community Advisory Board. Thank you. Sincerely, .~ -J G~Jf Jane E. Light, Co-Chair City Librarian ~ City of San Jose Colleen W'tlcox;, Ph.D., Co-Chair County Superintendent of Schools Santa Clara County ~ , SANTA CLARA COUNTY OFFICE <)I' EDUCATION 1111 $rm Jf)~e PUBLIC liBRARY FOU~DATION . . . SARA TOGA CITY COUNCIL MEETING DATE: February 4, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPAREDBY:~ Cathleen Boyer, ity Clerk CITY MANAGER: DEPT HEAD: 2A ~--/ ¿::;L SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting - January 7, 2004 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 7, 2004 MINUTES SARATOGA CITY COUNCIL JANUARY 7, 2004 . The City Council of the City of Saratoga held a Joint Session with the Finance Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Finance Commissioners were present: Chair Richard Allen, Simon Chin, Jim Hughes, Ajay Narin, Bart W. Rubenson, Alex Tennant, Norma Siegler, and Jesse Baloca, Staff Liaison/Administrative Service Director. Director Baloca presented a brief overview ofthe City's current financial situation. Director Baloca stated that as a result of Governor Davis' pulling the VLF trigger in late June 2003 the City lost an estimated $375k of its current 2003-04 operating budget. Currently, the State considers the reduction of our current year revenue stream a loan that wi11 be repaid in 2006. Director Baloca stated on November 17, 2003 Governor Schwarzenegger rescinded the VLF increase to vehicle owners. The attempt to make local government whole has thus far been unsuccessful in receiving the approval of the Legislature. Director Baloca stated that as a result the City estimates that an additional loss of $945k until the end of this fiscal year. . Director Baloca explained that on the average, the City of Saratoga receives approximately $145k a month in total VLF revenues. The City's VLF receipts for December 2003 were reduced to $31k. The VLF revenue stream supports approximately 21.5% ofthe City's general fund. On December 18, 2003, the Governor re-stated his intention to distribute the VLF to cities. Discussion took place in regards to how the Finance Commission could help the City monitor the budget and educate the community. Mayor Waltonsmtih thanked the Finance Commission for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30p.m. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential case) Conference with Legal Counsel - Initiation oflitigation (Gov't Code section 54956.9( c): (1 potential case). . Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a» Name of case: City of Saratoga v. Escami11a (Santa Clara County Superior Court No. 1-03-CV-0053) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. . Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Morgan Kessler, Civil Engineer Cay Bloomquist, Administrative Analyst . REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 7, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 7, 2004 was properly posted on December 18, 2003. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak. COMMUNICATIONS FORM COMMISSIONS Richard Allen, Chairl Finance Commission, noted that prior to the City Council meeting the Finance Commission met with the City Council. Chair Allen briefly explained the Finance Commission's Mission Statement and provided the names of the members ofthe Commission. Chair Allen listed their recent focuses have been: · Review Financial Performance and Budgets · Develop City Metric · Develop Reserve Polices · Develop Plan for Financial Communication to Residents . 2 . WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR . Chair Allen pointed out the highlights from the joint meeting with the Council stating that Director Baloca and City Manager Anderson explained provided an overview of the City's budget and possible risk that might be created by the State's budget. lA. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 9, 2003 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/STREIT MOVED TO APPROVE CITY COUNCIL MINUTES FROM DECEMEBR 9. 2003. MOTION PASSED 5-0. lB. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. lC. BUDGET ACCOUNTABILITY ACT STAFF RECOMMENDATION: Adopt resolution. . RESOLUTION: 04-001 3 Gayle Tiller, Planned Parenthood Representative, requested that item 1 C be removed :!Tom the Consent Calendar. Ms. Tiller stated that Planned Parenthood urged the City Council to adopt the resolution. Ms. Tiller stated that the Budget Accountability Act is a comprehensive reform initiative designed to end state budget gridlock, reduce the annual political posturing in Sacramento, and deliver a timely and responsible State Budget. Ms. Tiller noted that Proposition 56 would be on the March 2004 ballot. . Ms. Tiller explained what the Act would do: · Require the legislature to stay in session until the budget is done · Hold legislators and the Governor accountable by withholding their pay if they fail to meet the constitutional deadline for passing the budget · Require a 55% vote to adopt the budget and any related tax legislation · Create a "rainy day" reserve fund to protect services in bad times · Include summary of budget expenditures in the voters pamphlet Referring to the last paragraph of the resolution, Councilmember Streit stated that his issue is with the proposed 55% vote to pass the budget. Councilmember Streit stated that he is not willing to support the resolution because he feels that 55% is too low. One particular party on either side could control it. The current 66 2/3 keeps the balance Councilmember Bogosian stated that the legislature and the previous governor were not fiscally responsible. Councilmember Bogosian noted that he does support the accountability provisions of the resolution but cannot support the resolution because of the 55% vote to pass the budget. . KLINE/KING MOVED TO ADOPT RESOLUTION TO SUPPORT THE BUDGET ACCOUNTABILITY ACT. MOTION PASSED 3-2 WITH BOGOSIAN AND STREIT OPPOSING. !D. SECOND READING AND ADOPTION OF A ZONING ORDINANCE AMENDMENT TO CREATE AN OVERLAY ZONE FOR DRIVE- THROUGH SERVICES STAFF RECOMMENDATION: Adopt ordinance. ORDINANCE: 227 BOGOSIAN/STREIT MOVED TO ADOPT ORDINANCE AMENDMENT TO CREATE AND OVERLAY ZONE FOR DRIVE-THROUGH SERVICES. MOTION PASSED 5-0. IE. ADDITIONAL STRIPING WORK IN CONJUNCTION WITH THE 2003 PAVEMENT MAINTENANCE PROGRAM . STAFF RECOMMENDATION: Approve change order amount. 4 . . . BOGOSIAN/STREIT MOVED TO APPROVE CHANGE ORDER IN THE AMOUNT OF $55,000 FOR ADDITIONAL STRIPING WORK ASSOCIATED WITH THE 2003 PMP. MOlTON PASSED 5-0. IF. MEASURE B - A BALLOT MEASURE TO CONTINUE SUPPORT FOR SANTA CLARA COUNTY LIBRARIES STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-002 BOGOSIAN/STREIT MOVED TO ADOPT RESOLUTION SUPPORTING MEASURE B - A BALLOT MEASURE TO CONTINUE SUPPORT FOR SANTA CLARA COUNTY LIBRARIES. MOTION PASSED 5-0. IG. PARKING VIOLATION PENALTY INCREASE STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-003 Councilmember Bogosian requested that item 1 G be removed from the Consent Calendar. Councilmember Bogosian asked if there were any documents to support the cost to recover the tickets in order to show the costs have increased to this level. Councilmember Bogosian stated that ifthere is no proof, he would not support an additional fee without public participation Steve Prosser, Community Service Officer, explained that recently the City moved to an electronic ticket writing process, which in turn caused the increase the contract costs. Councilmember Bogosian asked if the increase was total cost recovery. Community Officer Prosser responded yes, it is full cost recovery with no excess. BOGOSIAN/KING MOVED TO ADOPT RESOLUTION TO INCREASE THE AMOUNT OF FINE REQUIRED FOR A PARKING VIOLATION. MOTION PASSED 5-0. PUBLIC HEARINGS 2. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. 5 RESOLUTION: 04-004 Cathleen Boyer, City Clerk presented staff report. City Clerk Boyer stated that the attached resolution represents the second step in Saratoga's Hazardous Vegetation Abatement Program administered by the County Fire Marshall. The County has sent owners ofthe parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. . City Clerk Boyer pointed out that representatives from the County Fire Marshall's Office were present this evening to answer any questions Councilmembers may have on this topic. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. BOGOSIAN/KING MOVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION. MOTION PASSED 5-0. 3. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN (CIP) FY 03- 04UPDATE - ENVIRONMENTAL IMPACT ASSESSMENTS & CIP BUDGET PRIORITIZATION . STAFF RECOMMENDATION: Accept report; conduct public hearing; adopt Environmental Assessment; adopt resolution amending the 2001-2006 CIP Budget reflecting Council direction from the 11/5/03 City Council meeting. RESOLUTION: 04-005 John Cherbone, Public Works Director, presented staff report. Director Cherbone briefly explained the CIP process and the environmental assessment. Director Cherbone stated that staff recommends that Council adopt the Environmental Impact Assessment and the Environmental Checklist Form for 2003-04 CIP Update, except for the Odd Fellows Trail Project and the Norton Road Fire Access Project. Director Cherbone noted that at the December 1 ih City Council meeting, Council directed staff to provided an analysis of the projects in the five-year CIP, which could be placed on hold or postponed until the City's financial situation stabilizes due to the States take away ofthe Vehicle License Fee (VLF) revenue. . 6 . . . . Director Cherbone noted that proj ects for postponement were prioritized based on the following: 1) Projects funded by outside sources 2) Projects with safety elements 3) Maintenance 4) Projects that ate ongoing Director Cherbone noted that staff has identified $4,121,204, which meets the minimum requirements directed by the City Council. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. KLINE/BOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING THE MULTIPLE YEAR CIP BUDGET AND ADOPT THE ENVIRONMENTAL ASSESSMENT REPORT. MOTION PASSED 5-0. 4. ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO APPROVE CLAIMS FILED $3,000 OR LESS STAFF RECOMMENDATION: Open public hearing; waive first reading; direct staffto place on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that State law and the Saratoga City Code require that the City be given an opportunity to review a claim against the City before the claimant pursues the matter in Superior Court. City Attorney Taylor noted that currently all such claims are heard by the City Council. Government Code section 935.4 allows the City Council to delegate to City staff claim review and payment authority for claims under $50,000. Because many claims are small and do not raise major policy issues, staff recommends that the City Manager be authorized to process minor claims with the concurrence of the City Attorney. This will speed processing of claims and reduce the administrative burden to applicants and to the City Council. City Attorney Taylor noted that the attached ordinance would authorize the City Manager to accept, settle, or reject claims against the City of$3,000 or less with the concurrence ofthe City Attorney. Staff would retain the discretion to seek Council review for claims that are less than $3,000 and would be required to seek Council review for claims that are more than $3,000. The figure of$3,000 was selected as a threshold because it appears that claims below this amount a generally minor and non-controversial in nature. Councilmember Kline asked how the Council would be kept abreast of claims that fall under this ordinance. 7 City Attorney Taylor responded that a line could be added to the ordinance stating that within 10 days of claim resolution Council would be notified. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. . BOGOSIAN/STREIT MOVED TO INTRODUCE ORDINANCE AS AMENDED: WAIVE FIRST READING: PLACE ITEM ON NEXT AGENDA FOR ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 5. NORTON ROAD FIRE ACCESS - UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the December 17, 2003, City Council meeting, Council directed staff to provide an update to Council regarding the Norton Road Fire Access issue. Director Cherbone briefly provided Council with the background of the issue. Director Cherbone noted that the AdHoc Committee met with members of the Montalvo Association on October 22nd and November 18th. Director Cherbone stated that at the second meeting Montalvo submitted an alternative route going through their property, which begins on Norton Road and exits in their upper parking lot near their water tank. This route bypasses the Artist in Residency area. The negative aspect of this route is it would be more expensive than the Artist in Residency route. Staff is currently performing a cost analysis of the new route. Director Cherbone noted that Montalvo staff would be submitting the new alternative route to their board for approval in late January. A status report would be forthcoming to City Council in February. . Dave Dol!offnoted that he has been involved with this project since the beginning. Mr. Dol!off stated that at the last meeting Montalvo agreed that there is a need for the emergency access road. Mr. Dolloff stated that the City should be weary of Montalvo prolonging the process with the hope that the project would not get done. Mr. Dolloff stated that the road is for the benefit for over 400 residents on the hillside and to al!ow al! vehicles a safe route to egress safely in an event of an emergency. Ed Ferrel! noted that he concurred with Mr. Dolloff. Mr. Perrell stated that Montalvo's alternative route is too expensive. Mr. Ferrell requested that the Council not support their alternative. Mr., Ferrel! stated that Bohlman Road has to be left open for emergency vehicles in case of an emergency. . 8 , . . . Greg Prow noted that he was the current President of the Montalvo Board. Mr. Praw stated that the Montalvo Board has a fiduciary duty to the State in regards to the 177 acres. Mr. Praw stated that Montalvo is a part of this community and wants to be a good neighbor. Mr. Praw stated that Montalvo is willing to work with the City on the process although they are not obligated to do anything. Councilmember Kline asked Mr. Praw what he meant by the comment that Montalvo did not have to do anything. Councilmember Kline asked ifhe was talking from a legal point of view. Mr. Praw stated that the property is held in a trust and ultimately owned by the State of California. Vice Mayor King asked Director Cherbone ifhe had an approximate cost for the access road. Director Cherbone noted that the original cost was approximately $110,000. Director Cherbone noted that after discussing the issue with Montalvo, another $50,000 would need to be added to address aesthetics concerns. Councilmember Bogosian stated that this issue has been going on for the past few years. Councilmember Bogosian stated that the Council has the constitutional obligation to provide for the health and safety of the community. Councilmember Bogosian stated that it is his belief that this obligation supercedes a fiduciary duty on the part of any organization or property owner if there is a safety concern. Councilmember Streit stated that he feels that the City needs to keep working with Montalvo and go through the public process and look at all the options. Councilmember King concurred with Councilmember Streit. Councilmember Kline noted hat he concurred with his colleagues, but this is not a new issue. Councilmember Kline suggested that staff come back to Council within 30 days and start the public process. Councilmember Kline stated firmly that the City cannot allow a safety issue like this to continue. Vice Mayor King asked if the SFPD could give the City in writing their opinion on all of the options. Consensus ofthe City Council to direct staffto return with all of the options for the access road at the March 3rd City Council meeting, notice every involved party, and request an opinion letter from the SFPD in regards to each option. 6. LAFCO FIRE PROTECTION SERVICE REVIEW STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. 9 City Manager Anderson noted that the draft countywide fire Protection Service Review report was issued on November 18, 2003. The Service Review is required by the State and specifies that LAFCO conduct service reviews prior to or in conjunction with the five-year mandated sphere of influence updates. There view of fire services in Santa Clara County is first in a series of such service reviews. This Service Review includes all fire service agencies in the County including seven city fire departments and four fire protection districts. , . City Manager Anderson explained that the report includes a special in-depth report on regional fire protection alternatives for Saratoga and surrounding areas. This special area of study was initiated because of a concern with duplication of service with two separate jurisdictions providing fire and EMS response in the City of Saratoga. Fire and EMS protection in the City of Saratoga is provided by the Santa Clara County Central Fire Protection District and by the Saratoga Fire Protection District. Each covers approximately half of the City. Service levels and cost are different between the two Districts as detaÜed in the report on page 111. A Boundary Drop Agreement, however, has alleviated many of the on-going operational issues. The report presented four alternatives related to possible governmental reorganization ofthe fire service delivery, including: 1) Dissolution of the Saratoga Fire Protection District and annexation to County Fire 2) The City withdrawing rrom both Districts and making a decision about a unified approach to service delivery within the City 3) Expansion of the Saratoga Fire Protection District into the County fire area of the City 4) Continuation of the current approach with/without additional service improvements. . City Manager Anderson stated that LAFCO is soliciting comments from the affected agencies and the public by January 7, 2004. LAFCO is willing to accept input rrom Saratoga on January 8,2004 incorporating tonight's comments. City Manager Anderson noted that this item was placed on the Council agenda this evening mainly to receive comments from Saratoga residents that would be passed along to LAFCO along with the City Council's comments. David Dolloff noted that he was the Chair of the FACT (Fire Fighters & Citizen Task Force). Mr. Dolloff stated that the LAFCO report identified the same findings that the FACT group came up with over two years ago. Referring to the report's findings, Mr. Dolloffnoted that without County's help, the SFPD would a non-viable fire district. Mr. Dolloff stated that if there is a major fire or earthquake; a situation where you need manpower, the boundary drop situation would leave us without adequate coverage. County would provide two pieces of equipment and seven firefighters. County would serve the people that they are contracted with and take care of them first. In conclusion, Mr. Dolloff stated that the people in the SFPD must receive the same safety level as the rest of Saratoga and also need to have the resources for one of the prime areas for a major fire disaster. . 10 . Ed Ferrell stated that three years ago, Art Marshall, a firefighter with County Fire, performed a sales pitch, in which he presented reasons why County Fire would provide better fire protection for the Saratoga Fire District than the Saratoga Fire Department can. Mr. Ferrell pointed out that his arguments are now familiar- they have 14 firehouses, and provide 4 fire engines and 14 firefighters at every structure fire, and 4 and 14 more if a 2nd alarm is called. . Mr. Ferrell stated that Mr. Marshall contrasted this with Saratoga Fire's one firehouse, two engines, and 5-7 firefighters, depending upon the shift. These are compelling arguments, but they represent only one side of the story. Mr. Ferrell suggested that the City Council should hear the other side. Mr. Ferrell suggested that the Saratoga Fire Department should be invited to rebut Art Marshall's claims and promises, and present reasons why its service is actually better. Mr. Ferrell stated that the Saratoga Fire Department's leaders have, from time to tome, offered off-the-cuff responses. These include the suggestion that 14 firefighters is "overkill", and that "The Saratoga Fire Department is custom- designed to the unique needs of the Saratoga Fire District", whatever that means. I believe that the Fire Department can and should do better. They should present a reasoned, articulate, and detailed set of arguments, explaining why the fire district is in better hands with them then under County Fire. The City Council can encourage such an effort. . Mr. Ferrell stated that the Saratoga Fire Department was up and running decades before County Fire. Saratoga Fire Protection District was built into its modern incarnation virtually from the ground up by Chief Kraule and the Fire Commissioners, who have devoted a lifetime to the protection of our homes, businesses, and lives. Mr. Ferrell stated that it would be appropriate for the City to express its gratitude for, and commend their outstanding public service. Mr. Ferrell stated that it is equally appropriate for these venerable men to accept this gratitude and commendation and also to acknowledge that the upstart County Fire is now more capable of delivering modern, comprehensive fire protection, and to facilitate a transition to County Fire. . Bob Egan, SFPD Commissioner, stated that they have given the City a copy of the information to clarify the original copy of the LAFCO Report that contained incorrect information. Mr. Egan pointed out that the SFPD has been evaluated many times by many different groups and they have always come out with flying colors. Mr. Egan pointed out that these evaluations have shown that the SFPD can provide the highest level of service for the community. Mr. Egan stated that they have developed the type of fire and life safety service just for this community with Early Warning system, fire resistant roofing, ambulance service out ofthe fire station, central location for the new fire station, and a boundary drop program. Mr. Egan stated that the citizens of the Fire District are very pleased with the level of service that has been provided. Mr. Egan requested that the City leave the Fire District alone and leave the decisions of fire service delivery to the experts. 11 i Kevin Schott stated that he was a Saratoga resident and firefighter. Mr. Schott stated that the Boundary Drop Agreement, which was executed a few years ago, is a "band-aid on a large wound". Mr. Schott pointed out that the agreement has a sunset clause. Mr. Schott stated that if this Boundary Drop is lost one half of the City would continue to receive a high level of service while the other does not. Mr. Schott suggested that the Council tell LAFCO what the City of Saratoga needs as a hole. Not half the City, but the entire City. . Jay Geddes, SFPD Commissioner, stated that the boundary drop agreement is working very well. The SFPD is responding into the County' area about the same time they are responding into ours. About 90% ofthe time the extra engines are cancelled before they arrive to the area. Mr. Geddes suggested that if the City wants to evaluate the cost issues, SFPD costs are substantially below the County's on a per man basis. Mr. Geddes stated that this means is the Saratoga Station would be staffed with fewer people if the County assumed control over it. Consensus of the City Council to recommend the following to LAFCO: 1) Property owners within the Saratoga Fire Protection District boundaries pay an additional assessment to fiancé the bond issued to construct the new fire station. This tax rate should be added to the Tax Rate Table on page 112. 2) The City Council recommends that an additional option be added on page 113. Option (5) Saratoga Fire protection District contract with Santa Clara County Central Fire Protection District for service. . 3) Expressed concern with Option (1) on page 113 that if the District was absorbed into Central Fire, ownership ofthe fire station be retained by the City of Saratoga or that an agreement be signed stipulation that the building be used as a fire station in perpetuity or would revert to the City if the use ofthe building was to change. 4) The City Council would also like to urge LAFCO to address comparisons between the two districts regarding hillside fire capabilities. 5) Without a permanent long-term boundary drop agreement the city of Saratoga desires a single agency providing fire protection within the City of Saratoga. 7. GRANT WRITER SERVICE PROVIDER REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly Cary Bloomquist, Administrative Analysis, presented staff report. . 12 '. . . . Analyst Bloomquist stated that at the June 6, 2001 Council meeting, staff presented a report regarding professional Grant Writing Services for the City and also how other Cities in the area apply for grants. At that time Council directed staff to send out a Request for Proposal (RFP). On September 5, 2001 Council selected National Grant Services to perform grant writing services for the City. Analyst Bloomquist noted that recently, Council directed staffto further research options in an attempt to locate a more proactive Grant writer with grater initiative, who would aggressively research grant opportunities for the City. Analyst Bloomquist noted that the list of providers remain the same from the list provided in 2001 with one additional provider. Analyst Bloomquist noted that a second option would be to create a staff position (contract or regular) to perform these services. In conclusion, Analyst Bloomquist stated that if Council desires, staff could send out a RFP to seek out the services of a professional grant writer or explore other options. Councilmember King stated that she requested this item be brought to Council because she feels we are not getting the opportunities that we potentially could for grants. Consensuses of the City Council to direct staffto prepare a RFP for grant writing service. NEW BUSINESS 8. BUDGET ALTERNATIVES IN RESPONSE TO FUNDING REDUCTIONS PROPOSED BY THE STATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca briefly explained the background ofthe VLF and the current situation with the new Governor's actions. Director Baloca explained the fiscal impacts effects on the City and explained budget scenarios depending on the effects of the State's budget and loss ofVLF revenue. Mayor Waltonsmith thanked Director Baloca for his report. 13 < 9. PARKING STUDY FOR SARATOGA PUBLIC LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. . Morgan Kessler, Civic Engineer, presented staff report. Engineer Kessler stated that per Council's request, the City Traffic Engineer conducted a parking occupancy survey at the Saratoga Library. The purpose of the study was to determine the number of parking spaces that would be available during peak hours, and accordingly the nnmber of people that could be accommodated at the Library's Community Meeting Room during peak hours of use. Engineer Kessler explained that the surveys were conducted on a Sunday afternoon and a Monday afternoon. Based on the data obtained, it was found that the parking lot would be able to accommodate during peak hours an additional 65 to 70 people in the Community Room on Sundays, and 60 additional people on Mondays. Engineer Kessler noted that after 7:00 p.m. on Mondays, the Fire Code would likely limit the number of occupants in the room. City Attorney Taylor reminded the City Council that the City owns the building; the Library is responsibility to look at how the parking lot is used. The lease makes it clear that the City is the landlord and the Library staff s responsibility to manage the services. . Consensus of the City Council to direct staff to present a copy of the study to the Saratoga Library Director. AGENCYICOMMISISON ASSIGNMENTS None CITY COUNCIL ITEMS Councilmember Bogosian requested a response back in regards to the alleged code violation on the garage band. City Manger stated that he would report back to Council. OTHER None CITY MANAGER'S REPORT None . 14 · · · ADJOURNMENT There being no further business, Mayor Waltonsmith noted that this meeting was being adjourned to Closed Session at 10:30 p.m. in memory ofKait1yn Langstaff. Mayor Waltonsmith adjourned Closed Session at 11 :05 P.M. Respectfully submitted, Cathleen Boyer, CMC City Clerk 15 \ . . . AGENDA ITEM: CITY MANAGER: V~/ SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: DEPT HEAD: 25 SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Council Retreat - January 24,2004 FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Attachment A - Minutes January 24, 2004 \. . . . MINUTES SARATOGA CITY COUNCIL RETREAT JANUARY 24, 2004 Mayor Waltonsmith called the Council retreat order at 9:00 a.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Stan Bogosian, Norman Kline, Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Jesse Baloca, Administrative Services Director Cathleen Boyer, City Clerk John Cherbone, Director of Public Works John Livingstone, Associate Planner Christy Oosterhous, Associate Planner Joan Pisani, Recreation Director Tom Sullivan, Community Development Director Danielle Surdin, Administrative Analyst Richard Taylor, City Attorney Lorie Tinfow, Assistant City Manager REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 24. 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 24,2004 was properly posted on January 20,2004. 1. BUDGET · Vision AdHoc Committee created to educate community on budget problems · Revised current fiscal crisis-operational and fund balance projections · Compared Saratoga's dependency on the VLF revenue with other cities · Open discussion on alternative solutions based on magnitude of duration of fiscal crisis COUNCIL DIRECTION · Review options for raising revenue · Develop Expenditure reduction plans based on worse case scenario · Educate the community, focus on communication · Discuss consequence ofloosing VLF with outside agencies (ie: Friends, SASCC) · Do not sell North Campus but may be on the table a year from now 2. LAFCO SERVICE REVIEW ) · LAFCO hearing on Fire Service Review - February 11, 2004 · Final report due out in 2nd quarter 2004 . COUNCIL DIRECTION · Work toward long term Boundary Drop - 2006-2016 · City Council resolution in support oflong term Boundary Drop · Work towards single system to cover all of Saratoga · Involve Saratoga Fire Protection District in process · Council does not desire to be lead agency in annexation or consolidation effort 3. ADHOC-COMMISSIONS-COMMUNITY PARTICIPATION MODEL · In the past needed Council liaisons to connect to the Commissions · Today many opportunities for Commissioners to communicate with Council o Staffliaison o Direct conversation with Council o Yearly meeting with between City Council and each Commission o Utilize "Commission Communications" on City Council agenda · Not enough staff to work with all these groups COUNCIL DIRECTION . · As of July 1, 2004 the following should be accomplished in regards to City Commissions: 1) Establish Commission Policies 2) Eliminate City Council liaisons 3) Hold yearly Commission "Goal Setting Retreat"; Commission work plans to be approved by the City Council 4) Action only minutes 5) Email action minutes to City Council · Continue training staffliaisons · Continue consolidated annual Commission budget · New Projects require Council approval 4. SWENSON PROJECT · Sixty -unit residential condominium development and flood plan improvement · Target purchasers for the condominium units are to be municipal employees and teachers · Applicant proposes to sponsor a grant program to qualified applicants to assist in purchasing 30 of the units · If a unit is re-sold to a target-group buyer the grant is rolled over to the new buyer . 2 \ · . · · · · · · Current General Plan density designation for site is Medium Density Residential with a maximum density of 4.35 dwellings per acre. The zoning for the property is R-l, 10,000 o Project proposes 36 unites per acre General Plan amendment and zone change is required City staff currently in the process of reviewing the responses to the Request for Proposals to prepare an EIR All costs associated with the ElR are passed through to the developer Due to Measure G passed in March 1996 - the proposed changes to the density of this site must go to the voters Saratoga Union School Districts - parent support because of proposed increase of affordable hosing for teachers Ifproject is approved City would have a new land use designation - could pose future problems COUNCIL DIRECTION · School Ad Hoc Committee: o Work with schools to educate the parents and school officials on the Swenson Project o Find other options for affordable housing for teachers · City Council to communicate concerns to constituents . 5. LAND USE ELEMENT · General Plan is a guiding policy document that lays out the future of the city's development in general terms through a series of policy statements · State Law - General Plan must include 7 elements: o Land use o Circulation o Housing o Conservation o Open-space o Noise o Safety · Saratoga's Land Use Element was last revised in 1983 · Current Land Use Element difficult for staff and Planning Commission to use COUNCIL DIRECTION . · Move forward with "In House" update of Land Use Element o Form a publicly appointed group to assist in process · Aggressive annexation · Increase Urban Service Boundary · Incorporate polices regarding Hillside Preservation 3 · In regards to Hillside Preservation - Vice Mayor King volunteered to talk to Board of Supervisors j 6. VILLAGE VISION-ECONOMIC DEVELOPMENT . · Village Ad-Hoc Committee formed to improve the vitality of the Village Commercial District by focusing on historical significances, invigorating commercial district and to create a high quality of life for Saragoans · Discussion on forming a Redevelopment Agency - does not require a city-wide election · City would have to hire consultant to determine feasibility and develop formal plan, community education/outreach · 20% of the total funds gathered must be spent on affordable housing in Saratoga, but does not have to be only concentrated in a Saratoga commercial area. (i.e., it can include a residential area in Saratoga) HISTORIC PRESERVATION · Creation of a Historic District - local business community should take the lead in order to avoid City process · Historic District status would enable property owners to receive Federal Rehabilitation Tax Credits · Would not interfere with proposed RDA · Existing Preservation incentive - Mills Act . COUNCIL DIRECTION · Move forward with formation of a RDA o Free up to $200k in CIP to hire consultant · Village Ad-Hoc renamed to Redevelopment Agency Ad-Hoc · School Ad-Hoc Committee to talk to school officials about proposed RDA · If merchants would like to move forward with "Historic District" designation they should hire a consultant. 7. CREEK POLLUTION/SEWER ISSUES · Several ongoing programs targeting monitoring of creeks and identification of sources of bacterial contamination: o Creek testing o Septic tank abatement program o Chemical marker system · City has met all testing obligations required by the terms of the Settlement Agreement · No other city in the county test for fecal coliform levels in their creeks · Takes up approximately 25% of City Engineers time · Regularly meet with Mr. Don Whetstone and SC Water District · Discussion of Saratoga Spring holding tank and possible illegal septic tanks above 4th Street . 4 ... . . . COUNCIL DIRECTION . Continue proactive creek testing ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting at 3:15 p.m. and thanked everyone for attending the retreat. Respectfully submitted, Cathleen Boyer, CMC City Clerk 5 SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 AGENDA ITEM: 2C o-.:;/~./ - ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Jaye Tkacq DEPTHEAD: /~2~ ~ SUBJECT: Check Register: 1/28/04 RECOMMENDED ACTlON(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 1/28/2004 Checks Checks AP CHECKS A95388-95516 1 GENERAL 133,767.74 3,371.06 (2,198.82) 100 COPS-SLESF 1,066.18 110 Traffic Safety 275.80 150 Streets & Roads 36,122.38 180 LLA Districts 13,501.04 250 Dev Services 16,968.82 260 Environmental 8,325.01 270 Housing & Comm 5,626.58 290 Recreation 4,382.05 (203.00) 291 Teen Services 282.63 292 Facility Ops 419.94 293 Theatre Surcharge 27.55 310 Park Develpmt 320 Library Expansion 5,797.02 351 Public Safety 21,941.69 352 Infrastructure 24,707.00 353 Facility 354 Park and Trail 28,840.64 400 Library Debt 384,665.33 420 Leonard Creek 720 Cable TV 740 PD#3 800 Deposit Agency Subtotal 302,052.07 388,036.39 (2,401.82) PAYROLL CHECKS: B29691-29717 TOTAL rrq1f-' TtuÁ- Date: i - ~tJ-{}tf rpproved by: Apr-99 ~ o 00 :0 ø 00 H ¿, ~ 00 ~ 00 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 0 Noo 0 0 0 ~~ 0 N N ~" H H 0 0 00 00 ~ ~ H ~ ~ ~ 0 0 00 00 ~m H 0 0 O~ ~ M M ~ ~ m m M M 0 0 ~ ~ ~ ~ ~ ~ m m NO ~ m m ~~ ~ ~ ~ HS ~ ~ m m m m ~ ~ M M . . 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N NN " ~ ~~ ~ ~ ~ øø N n~ ~ ~ ~~ n NN n ~~ 0> >< g 00 ·z u ~ u ~ " N ~~ " n N~ ,"0 ø On uz N MM Þ 0 00 0 0 00 0 H Q 0 Q ro " g M 0" ~ ¡¡~ '" ~ "z ¡¡ 0 00 ~ Q " U H " " ~ '" >< 0 0 ~ NO>Ø " ~ ø ~~o · ro~>< 0 M ~_, 0 rt ~ QO \........:¡¡: zz ".-!Q¡ " ',:0 tI) 0 \1:1 .. . · ..~ ~ Þ. N N ~\ 0 ~ ~ · ro ~ ~15 ~ u ~ ~ '"0 ~ · "~H ,"Z ~~u u . . . 2D CITY MANAGER: £?....:? ¿:;;?/ ~ í SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 AGENDA ITEM: DEPT: Community Development PREPARED BY: Kristin Borel DEPT HEAD: SUBJECT: Planning Commission Actions, January 28, 2004 RECOMMENDED ACTlON(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of January 28,2004 FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): NIA ALTERNATIVE ACTlON(S): NIA FOLLOW UP ACTlON(S): NIA ADVERTISING, NOTICING AND PUBLIC CONTACT: NIA ATTACHMENTS: Action Minutes - Saratoga Planning Commission · CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: PLACE: TYPE: Wednesday, January 28, 2004 - 7:00 p.m. Council Chambers/Civic Theater, 13m Fruitvale Avenue, Saratoga, CA Regular Meeting ROLLCALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Rucm Zutsm and Chair Jill Hunter ABSENT: Commissioners Garakani, Uhl, and Chair Hunter STAFF: Planners livingstone &; Oosterhous, Director Sullivan and Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of January 14, 2004. (APPROVED 4-0) ORAL COMMUNICATIONS - Any member of the Public will be allowed to address the Planning Commission for up to three 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 under Planning Commission direction to Staff REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for tms meeting was properly posted on January 22, 2004. ~EPORT OF ApPEAL RIGHTS If you wish to appeal any decision on tms 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). 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 or ctc1erk@saratoga.ca.us. 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). CONSENT CALENDAR 1. CAPITOL IMPROVEMENT PROGRAM &; GENERAL PLAN CONFORMITY FINDING; - The Saratoga Planning Commission will review and determine if the additions to the proposed 2003-04 Capitol Improvement Program are consistent with the various goals, policies and programs of the City of Saratoga General Plan. (APPROVED 4-0) PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court. you may be limited to raising only those issues you or someone else raised at the public hearing( s) described in this agenda, or in written .orrespondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's infonnation packets, written communication should be filed on or before the Monday, a week before the meeting. . 2. APPLICATION # 03-2OI (APN 503-48-029 and APN 503-48-028), located at and adjacent to 21170 Big Basin Way; - Request the Local Agency Formation Commission (LAFCO) to expand the City of Saratoga's Urban Service Area Boundary to include two new parcels, APN 503-48-029 and APN 503-48-028. (Continued fromjanuary 14,2004) QOHN LIVINGSTONE) (APPROVED 4-0) 3. APPLICATION #03-267 (389-33-007), MUELLER (Appellant), 19351 Athos Place: The City denied a tree removal permit for three Eucalyptus trees located at 19351 Athos Place. The property owner has appealed the denial. The trees are located in the side yard, toward the front of the residence. (CHRISTY OOSTERHOUS) (APPROVED 4-0) 4. APPLICATION #03-092 (397-19-024) - CHU, 19554 Three Oaks Way; - Request Design Review Approval to add 1,504 square feet to the existing 3,169 square foot house with an existing 434 square foot garage for a total floor area of 5,107 square feet. The addition includes a new 1,007 square foot second story addition to the existing house. The gross lot size is 40,140 square feet and zoned R-I-40,000. The maximum height of the residence will be approximately 23 feet. Q OHN LIVINGSTONE ) (APPROVED 4-0) DIRECTORS ITEM None COMMISSION ITEMS .- None COMMUNICATIONS WRITTEN City Council Minutes from Regular Meetings on December 3, 2003 and December 17, 2003 ADJOURNMENT AT 8:15 PM TO THE NEXT MEETING Wednesday, February 11,2004 at 7:00 p.m. in the Council ChamberslCivic Theater 13777 Fruitvale Avenue, Saratoga, CA . If you would like to rece;ve the Agenda's via e-mail, please send your e-mail address to P]anning@saratoga.ca.us SARATOGA CITY COUNCIL - MEETING DATE: February 4, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: & ~ 2t- PREPARED BY: Jesse B~ DEPTHE~ SUBJECT: Annual Approval of the City of Saratoga's Investment Policy RECOMMENDED ACTION(S): Approve the City of Saratoga Investment Policy. REPORT SUMMARY: California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2- 20.035, and Section 16.0 of the City of Saratoga Investment Policy require the City Council to annually review and approve the City's Investment Policy. This policy was last adopted early 2003 following the review and recommendation of the Finance Commission. Since last adoption, no revisions have been made. The Investment Policy lays the foundation for the City's investment management functions and is similar to the model policy approved by the Municipal Treasurer's Association of the US & Canada. The investment policy serves as a guide for setting and achieving investment objectives, defines rules and established benchmarks, prohibits and/or restricts investment instrwnents and reduces exposure to liability of both staff and Council. Compliance with the Policy is an element of fiscal discipline considered by the City's auditor's and rating agencies during their respective reviews. The City currently practices a passive approach to investing. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S): The City would not be in compliance with State and Local regulations. AL TERNA TlVE ACTION(S): Direct staff to research changes to the Investment Policy and return at a future Council meeting for responses and direction on a proposed changes. FOLLOW UP ACTION(S): Issue updated Investment Policy (with new adoption date) to interested parties. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A. ATTACHMENTS: City of Saratoga Investment Policy. C: IMyDocumentsVesselCouncil Reportsllnvestment Policy 2k4.DOC 2of2 CITY OF SARATOGA INVESTMENT POLICY LAST ADOPTED 1.0 ~: It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 2.0 &:ü¡1e: This investment policy applies to all financial assets of the City of Saratoga. These funds are accounted for in the City of Saratoga's Comprehensive Annual Financial Report and include: 2.1 Fund.: 2.1.1 General Fund 2.1.2 Special Revenue Funds 2.1.3 Capital Improvement Funds 2.1.4 Debt Service Funds 2.1.5 Trust and Agency Funds 2.1.6 Any new fund, unless specifically exempted 2.2 R,,~eption.: The following financial assets are excluded: 2.2.1 Deferred Compensation Plans where investments are directed by the individual plan participants. 2.2.2 Debt Service Funds Held by Trustees-Investments are placed in accordance with bond indenture provisions. 2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by City Council. 3.0 Prudenee: Investments shall be made with the same judgment and care--under circumstances then prevailing--which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investments, considering the probable safety of their capital as well as the probable income to be derived. 3.1 The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. C:\Þ.1yDocuments\Jesse\Policies & Procdures\InvPolicy.doc 1 1/21/04 Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0 OQjI'"tives: The primary objectives, in priority order, of the City of Saratoga's investment activities shall be: 4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Saratoga shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objectives will be to mitigate credit risk and market risk a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only in investment grade securities and by diversifying the investment portfolio so that potential losses on individual securities will have a minimal impact on the portfolio. b. Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years and the maximum maturity of any one security to five years, and by structuring the portfolio based on cash flow analysis so as to avoid the need to sell securities prior to maturity. 4.2 Liquidity: The City of Saratoga's investment portfolio will remain sufficiently liquid to enable the City of Saratoga to meet all operating requirements which might be reasonably anticipated. 4.3 Return on Investments: The City of Saratoga's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Saratoga's investment risk constraints and the cash flow characteristics of the portfolio. 5.0 nele~ation of A nthority: Authority to manage the City of Saratoga's investment program is derived from the following: Califomia Government Code Section 53600 et seq. and Saratoga Municipal Code Section 2-20.035. Management responsibility for the investment program is hereby delegated to the City Manager who shall be responsible for supervising all treasury activities of the Administrative Services Director and who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment accounting, wire transfer agreements, banking service contracts and collateral/depository agreements. Such C:\MyDocumentsVesse\PoIicies & Procdures\InvPolicy.doc 2 1/21/04 procedures shall include explicit delegations of authority to persons responsible for investment transactions. No person may engage in investment transactions except as provided under the terms of this policy and the procedures established by the City Manager. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 6.0 Rthi"s 9nd Contlids ofTnterest: Officers and employees involved in the investment process shall retrain trom personal business activity that could conflict or appear to conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. These officers and employees involved in the investment process shall disclose to the City Manager any material financial interests in fmancial institutions that conduct business with the City. - Employees and investment officials shall retrain from undertaking personal investment transactions with individuals with whom business is conducted on behalf of the City of Saratoga. 7.0 Authorized Fin9nd91 ne91ers 9nd Tnstih,tions: The City Manager will maintain a list of financial institutions authorized to provide investment services to the City. In addition, a list will also be maintained of approved security brokerldealers selected by credit worthiness and who are authorized to provide investment services in the State of California. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Manager with the following: personal interview, firm description and audited financial statements, proof of National Association of Securities Dealers (NASD) certification, proof of State of California registration, completed brokerldealer questionnaire and certification of having read and willingness to abide by the City of Saratoga's investment policy and applicable depository contracts. An annual review of the financial condition and registrations of qualified bidders will be conducted by the City Manager. A current audited financial statement is required to be on file for each financial institution and brokerldealer with which the City of Saratoga invests prior to any transaction. 8.0 Authorized 9nd Suit9 hIe T nvestments: The City of Saratoga is empowered by Government Code Section 53601, and further limited by this investment policy, to invest in the following types of securities: C:\MyDocuments\Jesse\Policies & Procdures\InvPolicy.doc 3 1/21104 ELIGIBLE SECURITIES AND CRITERIA Maximum Term to ~ ~nar9ntee T.imit. M9tnrity LAIF State Fund $40,000,000 Demand U.S. Treasury Bills U.S. Treasury No limit One year U.S. Treasury Notes U.S. Treasury No limit 5 years U.S. Govt. Agency Federal Agencies No limit 5 years issues (e.g. FNMA, GNMA) Certificates of FDIC I FSLIC 20%/portfolio 3 years Deposit (Calif. and collateral per institution; Banks or Savings & 30%/total portfolio Loan Co.) Negotiable Issuing 20%/portfolio 5 years Certificates of Institution per institution; Deposit 30%/total portfolio Investment-grade Public entity 20%/portfolio 5 years obligations of California, per institution or its local governments or public entities Money market Fund 1 O~o!portfolio Demand mutual funds per institution 20%/total portfolio Passbook Savings Issuing Bank Minimum Demand Account and necessary Demand Deposits for current cash flow The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing for the purpose of investing. The City shall not invest in instruments whose principal and interest could be at risk contrary to Section 4.1 of this policy. Examples of these instruments are options and future contracts. C:\MyDocuments\Jesse\Policies & Procdures\lnvPolicy.doc 4 1/21/04 The City shall not invest in "derivatives". See Glossary for description of above securities. 9.0 Conat..ralharion: Collateralization will be required on certificates of deposit and other deposit-type securities. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest, in accordance with California Government Code Section 53651 and 53652. The City of Saratoga chooses to limit collateral to those listed in Section 8.0. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City of Saratoga and retained. The right of collateral substitution may be granted. 10.0 Saf..k....ping anil C...toily: All security transactions entered into by the City of Saratoga shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian, in the City of Saratoga's name and control, designated by the City Manager and evidenced by safekeeping receipts. 11.0 Oiv..rsifi"arion: The City of Saratoga will diversifY its investments by security type and institution. Limits are provided for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools, no more than 30% of the City of Saratoga's total investment portfolio will be invested in a single security type or 20% with a single financial institution. 12.0 Maximum Maturiti..s: To the extent possible, the City of Saratoga will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Saratoga will not directly invest in securities maturing more than five (5) years ITom the date of purchase. However, the City of Saratoga may collateralize its certificates of deposits using longer-dated investments not to exceed ten (10) years to maturity. Debt reserve funds may be invested in securities exceeding five (5) years if the maturities of such investments coincide as nearly as practicable with the expected use of the funds. The City of Saratoga will retain a general operating reserve adopted annually by the City Council. The amount equal to or greater than the required general operating reserve shall C:\MyDocuments\Jesse\Policies & Procdures\InvPolicy.doc 5 1/21/04 always be maintained in active deposits and inactive investments with a maturity of one year or less, with at least one quarter of that amount available every three months of the year. The report discussed in Section 15.0 shall demonstrate this policy is in effect. 13.0 Internal ('ontrol: The City of Saratoga is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by the City Manager and staff. Accordingly, the City shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. The internal controls shall address the following points: · Control of collusion. · Separation of transaction authority from accounting and recordkeeping. · Custodial safekeeping. · Avoidance of physical delivery of securities. · Clear delegation of authority to subordinate staff members. · Written confirmation of transactions for investments and wire transfers. · Development of a wire transfer agreement with the lead bank and third-party custodian. 14.0 Performance Standarrls: The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. 14.1 Market Yield (Benchmark): The City's investment strategy is passive. Given this strategy, the benchmark used by the City of Saratoga to determine whether market yields are being achieved shall be the one year U.S. Treasury Bill. 15.0 Re.portinr:: The City Manager is charged with the responsibility of including a market report on investment activity and returns in the City of Saratoga's Cash and Investment Report. The report will be in compliance with Califol1Ùa Government Code Section 53646. 16.0 Investment Po!i<:y Adoption: The City of Saratoga's investment policy shall be adopted by the City Council. Annually, the policy shall be reviewed by the Finance Commission and approved by the City Council. C:\MyDocuments\Jesse\Policies & Procdures\InvPolicy.doc 6 1/21/04 GLOSSARY 'Rrok"r Someone who brings buyers and sellers together and is compensated for his/her service. e:ompr"¡'"n<iv,, Annll~l Fin~nd~l R"port (e:A FR) The City's annual financial statements and footnotes, along with an executive summary, fmancial outlook, statistical information, and other fmancial information. e:"rtifie~t"< ofn"po<it Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable. rol1:::¡fer:::¡li7:::1t;()n Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public monies. rll~t()iI;::m A bank or other financial institution that keeps custody of stock certificates and other assets. n"~l,,r Someone who acts as a principal in all transactions, including buying and selling from hislher own account. n"liv"ty v< P~ym"nt The preferred method of delivering securities, with an exchange of money for the securities. n"m~nd n"po<it< A deposit of monies which are payable by the bank upon demand of the depositor. Der1v:::Itivf': Securities that are based on, or derived from, some underlying asset, reference date, or index. EDIC Federal Depository Insurance Corporation FST Ie: Federal Savings and Loans Insurance Corporation T ;q.nidity An asset that can easily and rapidly be converted into cash without significant loss of value. T œ~l Ag"ney Tnv"<tm,,nt FlInd (f A TF) C:\MyDocuments\Jesse\Policies & Procdures\InvPolicy.doc 7 1121104 The LAIF was established by the State of California to enable treasurers to place funds in a pool for investments. There is a limitation of $30 rnillion per agency subject to a maximum of ten (10) total transactions per month. The City uses this fund when market interest rates are declining as well as for short-term investments and liquidity. Mon,,<y mRTlæt m11llml fimt'l. Mutual funds that invest in short term securities and strive to maintain a share price of $1. NegotiRhl" c"rtific"t", of n"po,it A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market). P::l~~ive Investment ~trHtf':ey An approach to managing the investment portfolio which entails a "buy and hold" strategy in which investments are generally held until they mature. Portfolio Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of a portfolio is to reduce risk through diversification. Primm:y l)"Rl"T A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its oversight Region"ll)""l"T A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered with the Securities and Exchange Commission. S"f"k"".ping Offers storage and protection of assets provided by an institution serving as an agent T J S TT""S1J1")' Rill, Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S. Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue interest but are sold at a discount to pay face value at maturity. TJ S TT""'J1ry Not", These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original maturities of one to ten years. Interest is paid semi-annually. TJ S Gov"rnm"nt Ä8"ncy T"",,, Include securities which fall into this category. Issues which are unconditionally backed by the full faith and credit of the United States, e.g. Small Business Administration Loans. C:\MyDocumentsVesse\Policies & Procdures\InvPolicy.doc 8 1121/04 ) . e . SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 ~ç þ7-Y~/ AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Jesse Baloca~? DEPT HEA~/~_ SUBJECT: Fiscal Year 2004-05 Budget Development Process RECOMMENDED ACTION(S): Accept and file this report. REPORT SUMMARY: Attached is the proposed calendar for preparation of the 2004-2005 Operating Budget. Under the proposed time1ine, City Council will receive the draft budget document for the May 5, 2004 Council meeting. During that meeting, City Council will review the format of the budget, the assumptions used to develop the budget, review summary information, and revenue sources. On May 7, 2004, it is also proposed that Council will review the draft SEA and MOU agreements and provide direction for future adoption and preparation of the final budget. The City Council will conduct the second budget workshop on May 19,2004 focusing on a detailed and thorough review of program expenditures. A public hearing and adoption of the final budget document is scheduled for June 2, 2004. If necessary, June 16, 2004 has also been reserved as an available date for approving the FY 2004-05 Operating Budget. FISCAL IMP ACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTlON(S): None. FOLLOW UP ACTION(S): t . e . None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Proposed Budget Preparation Calendar. CouncilRpt 2 1/20/04 2/04/04 2/04/04 3/02/04 4/1/04 4/21/04 4/28/04 or 5/5104 5/5/04 5/5/04 to 5/18/04 5/14/04 5/19/04 6/2104 6/15/04 6/16104 þ BUDGET PREPARATION CALENDAR Developing the Operating Budget for Fiscal Year 2004-2005 . Finance Commission reviews budget calendar for FY 04-05. City Council reviews budget calendar for FY 04-05. City Council initiates LLA-l renewal process for FY 04-05, orders preparation of Engineer's Report and appoints Attorneys. City Council provides initial direction to begin the employee agreement negotiation process. (FYl- March election, includes Governor's proposed deficit bond measure). (FYI - Proposed adjustments to the State budget, excluding capital and May Revision items, to the Legislature). City Council preliminarily approves LLA-l Engineer's Report, schedules public hearing, and adopts Resolution ofIntention. City Council receives third quarter financial report from staff. . Staff presents draft FY 04-05 budget document to City Council, and reviews format, assumptions, summary schedules, recommended staffing changes, and revenue projections. Preliminary instructions to staff on desired changes. Council reviews draft SEA and MOD agreements. Council provides direction on Employee Agreements for preparation of final budget to be adopted. All Commissions review draft FY 04-05 budget document during their regular monthly Commission meetings. (Finance Commission reviews the preliminary document on 5/3 and 5/17). (FYI - Governor's May Revised budget is released). City Council holds second FY 04-05 budget workshop. Staff makes budget presentation to City Council focusing on expenditures and capital improvements. Final instructions to staff on changes. Council approves employee agreements. City Council conducts budget hearing and LLA hearing, and adopts FY 04-05 operating budget. Date may also be reserved for third budget workshop, if necessary. Budget adoption would then be moved to June 16,2004. . (FYI - State constitution requiring the Legislature to pass the Budget bi11). Additional date reserved for Budget Adoption. SARATOGA CITY COUNCIL ORIGINATING DEPT: Admin. Services CITY MANAGER: LCI &--./Ç'/ MEETING DATE: February 4, 2004 AGENDA ITEM: PREPARED BY: Jesse Ba~ DEPTHE~ SUBJECT: 1st Amendment to the CAL-ID Agreemeut RECOMMENDED ACTION(S): Authorize City Manager to sign amendment to existing agreement. REPORT SUMMARY: The current Memorandum of Understanding (MOU) regarding the Automated Fingerprint Identification System (CAL-ID Agreement) was executed by the City of San Jose and County of Santa Clara last October 2002 and later acknowledged by the Saratoga City Council. The MOU allows the County and certain incorporated cities (including the City of Saratoga) to have access to the California Identification system and to share in the programs operation and maintenance costs, as administered by the City of San Jose. The effective date of the agreement is ongoing till termination by agreement of the parties. The County has since negotiated changes to the MOU, which were negotiated among the parties of the MOU and approved by the City of San Jose as follows: Section 2: Term and Termination. This section has been amended to provide that if any of the parties opts out of the MOU they will not have a payback commitment to contribute towards multiyear costs extending beyond the year of termination unless they have specifically entered into an agreement to make such a payback. Section 7: Mutual Indemnification. This section has been amended to clarify that for purposes of indemnification obligations the parties to the MOU are not agents of each other. Section 8: Dispute Resolution: This section has been added to require the Local Policy Board to use its best efforts to resolve disputes. If the Board is unable to resolve the dispute, the resolution is left with the governing bodies of the individual parties to the MOU. The following standard contract provisions were also added at the request of the County: . Section 9: Notice. . Section 10: Amendments. · Section 11: Counterparts. · Section 12: Severability. · Section 13: Waiver. · Section 14: Governing Law. · Section 15: Entire Agreement. There are several minor changes to Exhibits A, B and D, which are clarifications to the administrative procedures for the Board. In addition, under the MOU, the City of San Jose provides fiscal and administrative management of the System and can include its cost as part of the annual operating costs. Section A.3 was modified to clarifY that the City of San Jose overhead is included in these costs. Total cost ofthe program budget is allocated 26.8% to the Santa Clara County District Attorney's Office and 73.2% among participating agencies based on percentage of population. The City's cost for access and program participation for fiscal year 2003-04 is $27,415, which is down from the 2002-03 cost of $28,578. A signature addendum (attached) is requested to acknowledge the current terms and conditions of the current MOU. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): City Manager initials the Signature Addendum and returns to the City of San Jose. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. First Amendment to the MOD Regarding the Operation of the AFIS Program and to provide local law enforcement agencies access to the CAL-ID system. 2. Signature Addendum to the MOU. 20f2 :::J 2C"':3\\ . :-:.;5 , 1-' '7--' ' ""'- FIRST A.MENDMENT TO MEMORA¡'I'DUl\I OF UNDERST AND ING REG.-'\.RDING THE OPER~ TlON OF THE AUTOi\HTED FINGERPRINT IDENTIFICATION SYSTEM Al"iD TO PROVIDE LOCAL LAW ENFORCEMENT AGENCIES ACCESS TO THE CALIFORNIA IDENTIFICATION SYSTEM This First Amendment to the Memorandum of Understanding Regarding the Operation of the Automated Fingerprint Identification System and to provide Local Law Enforcement Agencies access to the California Identification System is made and entered into this 25th day of April, 2003, by and among the COUNTY OF SANTA CLARA, a county of the State of California ("County"), the CITY OF C\MPBELL, a municipal corporation, the CITY OF CUPERTINO, a municipal corporation, the CITY OF GILROY, a municipal corporation, the CITY OF LOS ALTOS, a municipal corporation, the TO\VN OF LOS ALTOS HILLS, a municipal corporation, the TOWN OF LOS GA TOS, a municipal corporation, the CITY OF MILPITAS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, the CITY OF MORGAN HILL, a municipal corporation, the CITY OF MOUNTAIN VIEW, a municipal corporation, the CITY OF P ALO ALTO, a municipal corporation, the CITY OF SAN JOSE, a municipal corporation, the CITY OF SANTA CLARA, a municipal corporation, the CITY OF SARA TOGA, a municipal corporation, and the CITY OF SUNNYVALE, a municipal corporation (hereinafter collectively referred to as "Incorporated Cities"). RECITALS Whereas, on April 26 1988, the County and Incorporated Cities entered into an "Agreement to Provide Local Law Enforcement Agency Access to the California Identification System" which Agreement has been amended from time to time (CAL-ID Agreement); and Whereas, on May 20, 1997, the County and City of San Jose entered into a "Memorandum of Understanding Regarding the Acquisition and Operation of the Automated Fingerprint Identification System between the City of San Jose and the County of Santa Clara" (AFIS Agreement); and Whereas, on October 8, 2002, County and Incorporated Cities entered into a Memorandum of Understanding Regarding the Operation of the Automated Fingerprint Identification System and to provide Local Law Enforcement Agencies access to the California Identification System ("MOU") to set forth their respective obligations with respect to the cost and operation and maintenance of the CAL-ID and AFIS Program ("Consolidated Program"); and Whereas, County and Incorporated Cities desired to amend the terms of the MOU NOW, THEREFORE, County and Incorporated Cities hereby agree as follows: 1. Section 2 of the MOU is amended to read as follows: SECTION 2. TERM AND TERMINATION The Effective Date of this MOU shall be the date it has been executed by the County and the City of San Jose. This MOU shall be additionally binding as to each of the other Incorporated Cities as of the date that the individual Incorporated City has executed a Signature Addendum. The MOU shall continue in effect until tenninated by the parties, either as a whole, or individually. ~D5D'C3\! ..:.1-'.'5 Any parry may terminate their participation in this 'viOl: by providing wrinen notice of termination to the City of San Jose. Termination of this 'vIOL' by any Incorporated City, excluding the City of San Jose. shaII not terminate the 'viOl' as to the County. the City of San Jose or any of the other remaining Incorporated Cities. The termination shall be effective sixty (60) calendar days after the City of San Jose's receipt of such notice. Termination does not relieve the County or any Incorporated City from paying costs to June 30 of the tìscal year of termination as commitments have been made to all uses ofthe shared operation costs for the fiscal year. In addition, the County or Incorporated City remains obligated to payback for any commitment that extends beyond the end of the fiscal year of termination, provided that the City Manager/County Executive or City Council/Board of Supervisors signs a separate agreement acknowledging the fuII payback commitment. 2. Section 7 of the MOl' is amended to read as follows: SECTION 7. MUTUAL INDEMNIFICATION A.L'ID HOLD HARMLESS In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that aII losses or liabilities incurred by a party shall not be shared pro rata but instead the County and parties agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any c1aim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or wilIful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under thÍs Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. For purposes of this paragraph, "agents" does not include another party to this MOl'. 3. Section 8 is amended to read as folIows: SECTION 8. DISPUTE RESOLUTION Any dispute among the parties regarding the interpretation or application of any term of this MOl' or any exhibit thereto may be brought to the Local Policy Board. The Local Policy Board shaII meet within 60 days of such notification by an interested party, or parties, and shall make their best efforts to render a determination regarding the dispute. 4. The following new sections are added to be numbered and entitled and to read as follows: SECTION 9. NOTICE All notices required by this MOl' will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, Notices given to the City of San Jose and the County shall be given at the addresses set forth below. Notices given to any of the , R.03D'(3\} .¡ ¡- Ü5 Incorporated Cities joining this yIOl by signing a Signature Addendum shall be sent to person indic~¡ed on the Signature Addendum. City of San Jose Police Department Office of the Chief of Police 201 West :vlission St. San Jose, CA 951 10 Santa Clara County Sheriff Office of the Sheriff 55 West Younger Avenue San Jose, CA 95110 The District Attorney of Santa Clara County Office of the District Attorney 70 West Hedding Street San Jose, CA 95110 SECTION 10. AMENDMENTS This Agreement may be amended only by an instrument signed by the parties. SECTION 11. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but an of which together shall constitute one and the same instrument. SECTION 12. SEVERABILITY If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. SECTION 13. WAIVER No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. SECTION 14. GOVERNING LAW This Agreement has been executed and delivered in, and wj1J be construed and enforced in accordance with, the laws of the State ofCalifomia. SECTION 15. ENTIRE AGREEMENT :ZD 5;:3"('5\1 -:'1-:)5 This document represents the entire A.greement between the parties with respect to the subject maner hereof. AJI prior negotiations and written andor oral agreements between the parties with respect to [he subject matter of this Agreement are merged into this Agreement. 5. Exhibit A is amended to read as set forth in Revised Exhibit A which is attached hereto. 6. Exhibit B is amended to read as set forth in Revised Exhibit B which is attached hereto. 7. Exhibit D is amended to read as set forth in Revised Exhibit D which is attached hereto 8. AJI of the terms and conditions of the original MOD not modified by this First Amendment shaJI remain in full force and effect. APPROVED AS TO FORM CITY OF SAN JOSÉ ·vr~·L--- 'Brian Do' e Senior Deputy City Attorney By: cPai1-.Lf....t. ·l(. :;:. rxtJUl{L, Patricia L. O'Hearn City Clerk COUNTY OF SANTA CLARA By: c ~ (I ) By: ./ (' aurie Smith, \ Sheriff APPROVED AS TO FORM AND LEGALITY /~/M ~:. 30-(3\[ .J. J - 'j5 FIRST A-''lENDME:'-íT TO :YIE-'IORA:'<DCyl OF CNDERSTANDING REGARDING THE OPER-\nON' OF THE AUTOMA TED FI:'-íGERPRINT IDE:,<nnCA nON SYSTDI .-L\lD TO PROVIDE LOCAL LAW ENFORCEME:><T AGE:><CIES ACCESS TO THE CALIFORNIA IDE:><TlFICA nON SYSTß'l SIG:><A TURE ADDE:><Dl:M By executing below the undersigned Incorporated City acknowledges and accepts the tenns and conditions of the First Amendment to the Memorandum of Understanding Regarding The Operation Of The Automated Fingerprint Identification System And To Provide Local Law Enforcement Agencies Access To The California Identification System which has been approved by City Council of the City of San Jose and the Board of Supervisors of the County of Santa Clara, and executed by City and County and is on file in the Office of the City Clerk of the City of San Jose. All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing: (Provide name and address to which notice must be sent) INCORPORATED CITY By: Name: Title: Date: , :;.~ ~¡:. ':3\1 -, :: REVISED EXHIBIT A COST RESPONSIBILITIES A.l LOCAL POLICY BOARD A. Pursuant to California Penal Code Section ¡ 1112.4, a local, remote access network board, known as the "Santa Clara County CAL-ID R.il.N Policy Board" ("Local Policy Board"), has been established, which is currently composed of the following members: a member of the Board of Supervisors, the Sheriff, the District Attorney, the Chief of Police of the department having the largest number of sworn personnel within the county, a Chief of Police selected by all of the Police Chiefs within the County, a Mayor selected by City Selection Committee established pursuant to California Government Code Section 50270, and a member-at-Iarge chosen by the other members. B. Pursuant to California Penal Code Section 11112.4, the Local Policy Board shall: 1. Establish policies and procedures necessary to implement the purposes of this MOD. 2. Establish a budget and approve expenditures consistent with the terms of this MOD. 3. Determine and coordinate the purchase, acceptance, placement, installation, use, maintenance, replacement, disposition of, and all other matters concerning the local AFIS and all local RAN equipment within the County, adhering to the policy guidelines and procedures adopted by the California Department of Justice. . 4. Develop procedures to regulate the ongoing use and maintenance of the local AFIS and the local RAN equipment adhering to the policy guidelines and procedures adopted by the California Department of Justice; and 5. Determine the placement of personnel funded by the CAL-ID Program. A.2 ADMINISTRATION The City of San Jose has been and shall continue to be the general administering agency for the CAL-ID Program. The City of San Jose has been and shall continue to provide fiscal management of the CAL-ID Program fund and expenditures, including but not limited to: (1) establishing the interest-bearing accounts pursuant to Exhibit B into which shall be deposited all funds received under this MOD and from which shall be paid all costs and expenses incurred under this MOD; (2) biIling each party for that party's share of the costs under this MOD; (3) providing each of the parties and the Local Policy Board with periodic reports and an annual financial report at the end of each fiscal year; and (4) payment of all Local Policy Board expenses. A.3 COSTS Cost components of the CAL-ID Program in Santa Clara County include: (i) new equipment costs; (ii) annual operating costs, and (iii) miscellaneous costs related to the operation of the CAL-ID Program not included in Subparagraphs (i) and (ii). For purposes or this MOD, "annual operating costs" shall include, but not be limited to, the cost of personnel, supplies, materials, utilities, maintenance, repair, training, and other overhead costs incurred in the annual operation of the CAL-ID Program. , ;{;) 3D(5\1 .;.:-:;::: A.4 ALLOCATED PERCDiTAGES All costs of the CAL-ID Program as set forth in subsection .-\.3, above. shall be allocated among the panies to the \jOU based on each party's percentage share of the total population of each local agency participating in the CAL-ID Program ("the Allocated Percentages") Additionally, the County's Office of the District Attorney shall contribute 26.8 percent of the entire budget. The initial Allocated Percentages shalJ be as set forth in Attachment I to th.is First .'\mendment to MOU. Thereafter, on an annual basis, the Board shall recalculate the Allocated Percentages based upon the population figures used for allocating these costs. The Allocated Percentages shall be based on the most recent State of California Department of Finance Population Estimates. For the purpose of this MOl'. the County share of population shan be the population of the unincorporated area of the County. A.S ANNUAL BUDGET I. No later than 150 days prior to the commencement of any fiscal year, the City of San Jose shall estimate the costs for that fiscal year. The estimated annual budget shall be approved, disapproved or amended by the Local Policy Board. 2. On or before April I of the preceding fiscal year, the City of San Jose shall notify each party of its share of the estimated costs for the succeeding year, wh.ich shall be anocated among the parties in the manner prescribed in Section A.4. above. 3. Payments required to be paid under this Section shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department, on or before August 15 of the fiscal year for wh.ich the payments are due. 4. Payments made pursuant to this MEMORANDUM OF UNDERSTANDING shall be nonrefundable and shall not be returned to any party unless all parties agree to terminate this MEMORANDUM OF UNDERSTANDING and to discontinue the CAL-ID Program in Santa Clara County. 5. Payments shall be deposited in interest bearing trust accounts maintained by the City of San Jose for benefit of the CAL-ID Program, with any earned interest being applied to the account. The City of San Jose shall serve as the trustee of the accounts and shall have the authority to deposit and withdraw funds from the accounts to pay for costs according to the annual budget approved by the Local Policy Board. 6. Reserve Fund. The Local Policy Board has since 1988 maintained in a separate interest bearing trust account a reserve fund ("Reserve") that has accrued since 1988 ITom budget surpluses and interest accrued on the corpus of the fund. The Reserve funds shallbe held in interest bearing trust account for benefit of the CAL-ID Program. The City of San Jose shall serve as the trustee of the account and shall have the authority to deposit and withdraw funds ITOm the account. The Local Policy Board shall develop written policies regarding the maintenance and use of the Reserve. The Local Policy Board shan have the authority to maintain this Reserve and to use funds from it for the purpose of paying any of the costs required under this Agreement. , KD 3[>:3\1 "¡-'i5 A.6 Bt.:DGET ADJl.:ST'YIE:'iTS If in any fiscal year, the actual annual costs are higher than as previously determined by the Local Policv Board, the Local Policy Board, with the assistance of the City of San Jose, shall determine the additional amount needed to meet the costs for that fiscal year. Each party shall contribute its share of the additional amount, which share wilI be based on the party's percentage share of the tota] population of all parties participating in the CAL-ID Program. The additional payments shall be paid to the order of the City of San Jose and delivered to the City of San Jose Finance Department within thirty (30) days of billing. /\..7 EMPLOYEES The City of San Jose shaH provide such employees as the Local Policy Board considers necessary to the efficient operation of the CAL-ID Program. The persons provided by the City pursuant to this Section shaH remain employees of the City of San Jose. The salary and all frjnge benefit costs incurred by the City of San Jose in the employment of persons provided pursuant to this section shaH be paid for out of the payments made by the parties pursuant to Section A.5 at the time these costs are due and payable. A.8 RESIDUAL COSTS Each of the following parties acknowledges and agrees that the allocated costs outlined in Attachment A of this MOU are due and payable to the City of San Jose under the CAL-ID Agreement. A.9 NEW USERS A non-participating agency seeking to participate in the CAL-ID System shall be allowed to become a party to this agreement only with the approval of the Local Po1icy Board. In addition new participating agencies may be required to execute an addendum or amendment to the MEMORANDUM OF UNDERSTANDING by which the new agency agrees to be a party to this MEMORANDUM OF UNDERSTANDING and to be subject to all of its terms and conditions. If the addendum or amendment does not require any greater expenditure by the City of San Jose after approval of the Local Policy Board, it may be executed by the City Manager of the City of San Jose, who is authorized to execute the addendum or amendment on behalf of the parties to this MEMORANDUM OF UNDERSTANDING. .... ...,.. rl1I::/I"_I"" f..... .d_....,.¡"'<ØrI+ 8 ~D 30'(3'1 , ~ ) - '-''5 REVISED EXHIBIT B OPER~ TIONAL RESPONSIBILITIES B.I PRI:\'IARY OPER~ TION RESPONSIBILITY The City of San Jose shall be primarily responsible for the overall operation and maintenance of the CAL-ID Program consistent with the budget and overall direction mutually established by the Local Policy Board. B.2 CITY OF SAN JOSE'S RESPONSIBILITIES City of San Jose shall provide the following services: 1. City of San Jose shall be responsible for maintaining the statistical file database of the Automated Fingerprint Identification System (AFIS), including but not limited to the I O-Print files and latent print files. 2. City of San Jose shall receive and verify alllO-print files from all remote sites in Santa Clara County. 3. City of San Jose shall provide continuing quality control (editing) on incoming fingerprint images with existing database records. 4. City of San Jose shall perform comparative analysis of fingerprints received from the District Attorney's Office and testify in court when requested, with reasonable notice. 5. City of San Jose shall provide statistics annually within a Fiscal Year to the Local Policy Board. These statistics shall include, but not be limited to the following: 10-Print database size; unsolved latent file size; number of 10-Print and Latent queries, verifications and identifications by agency, hit rates of each, number and types of record purges, information on frequency and circumstance of maintenance calls and their resolution, and other data as may be available via the System's statistical reporting capability. The Local Policy Board has the ability to audit performance statistics at any time given reasonable notice to City of San Jose. 6. The Central Identification Unit (CIU) shall provide, within limitations of the approved Operating Budget, 24-hour coverage 365 days a year to receive and process electronic images of fingerprints from livescan sites within Santa Clara County. CIU shall notify System Users and County contact of any period when coverage is not available. 7. City of San Jose shall provide power and space for AFIS equipment housed at SJPD'S CIU facilities, costs to be allocated among all Parties to the MOU, in accordance with provisions of Exlùbit B. 8. City of San Jose will act as point of contact with the AFIS vendor in assuring vendor compliance with the terms of the maintenance agreement and wj1J assure that the operating system, matchers, hardware and all related components wj1J be available in a state that the operating purposes of this MOU are supported at the agreed-upon level. A process for 24 hour per day/7day per week notification and response wj1J be established. .... =\:'13Di..-3\\ .:. ¡ ~ '}$ 9. City of San Jose is responsible for preparing, on an annual basis. a list that outlines service priorities that will be equally applicable to all agencies that use CIU under this YlOli. The list 'kill recognize that a primary purpose of the System is to assure timely identitìcation of persons being booked into custody. B.3 ComuY's RESPO;'li'SIBILlTIES County shall provide the following services: 1. County shall provide space and power for all County operated AFIS equipment which is linked to CIU. 2. County shall provide and maintain CJIC interface to AFIS. 3. County shall maintain and perform corrections to CJIC database and consolidate multiple person files. 4. County shall provide and maintain all of the communication lines between CIU and all remote access sites of the County. 5. County shall maintain the direct telephone line between CIU and Santa Clara Department of Corrections Main Jail. B.4 INCORPORATED CITY'S RESPONSffiILITIES Incorporated Cities shall provide the following services: 1. Each Incorporated City shall provide space and power for their City's operated AFIS equipment which is linked to CIU. 2. Each Incorporated City shall provide their own personnel that shall be responsible for rolling fingerprints at their livescan sites. 3. Each Incorporated City shall be responsible for installation of any future communication lines and to maintain current and future communications lines between CIU and the Incorporated City. 8.5 ACCESS City and County shall each have the right to search, to determine system status (files, statistics, and throughput). Only CIU staff has the right to register prints or to make changes to database files. Terminals outside of CIU shall not have the ability to make file changes. However, County and Incorporated Cities, if they later purchase and install such equipment, may add latent print files to the "Unsolved Latent Print" database from it's Latent Print terminal. ,.. ?l"Il"If'¡;; /f'"",ITrL ,~+ .t....."A_~H'I+ 1() - -- -' , EXHIBIT D DEFI""ITIONS AFIS the Automated Fingerprint Identification System including all hardware and software necessary to perform the intended purposes as stated in this Agreement Annual Budget the CIU operating budget for a particular fiscal year as agreed upon by the CAL-ID agencies through the procedure established in relation to the CAL- ID RAN Policy Board . CAL-ID the State of California Fingerprint Identification System; also used in reference to an agreement with local law enforcement agencies related to provision of certain specified fingerprint services including searches of the State database from the LIT operated by cru CIU the Central Identification Unit of the San Jose Police Department CJIC Criminal Justice Information Control, the County's system for local adult criminal case tracking, local criminal history recording and other re1ated . functions County means the County of Santa Clara, its agencies and subdivisions, including the Office of the Coroner and the District Attorney's Office Fiscal Administrator a responsibility of the City of San Jose that includes preparation of a proposed annual budget for CIU, management of the agreed upon budget within the parameters established, provision of periodic financial reports of revenues and expenditures, timely payment of bills or warrants for agreed upon services and supplies, maintenance of financial records according to GAAP, and provision of access as defined in Section 5 GAAP Generally Accepted Accounting Principles Latent Print Files digital or hardcopy images of fingerprints taken from crime scenes LIT Equipment Local Input Terminal used to search the state AFIS Local Policy Board CAL-ID Remote Access Network (RAN) Policy Board as described in Section A.I (A). RAN Remote Access Network; access to the state AFIS through the LIT Tenprint or 10-Print Files digital or hardcopy images of rolled fingerprints CalID-lst Amendment 11 ) SARATOGA CITY COUNCIL MEETING DATE: February 4,2004 AGENDA ITEM: CITY MANAGER: &..J~ ~ ZH ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Letter of Opposition to SB 744 (DUNN) RECOMMENDED ACTION: Authorize a letter of opposition to SB 744 (DUNN) REPORT SUMMARY: The following are the key reasons for opposition to SB 744. 1. SB 744 gives the California Department of Housing and Community Development (HCD) and Developers the power to determine conditions for approval of local projects - even in cases where a local government has already approved a project in accordance with the law. SB 744 empowers HCD to hear appeals from developers, whose projects were approved with conditions or additional requirements, effectively encouraging them to attempt an "end-run" around any local conditions imposed on a housing development that has been approved at the local level. If the Department decides that the conditions or requirements imposed by the local government render the provision of housing "infeasible" or "not reasonable or consistent with meeting local housing needs," the Department shall order the local agency to moclify or remove any such condition or requirement and to issue any necessary petmit or approval. Under this legislation, even if the conditions imposed by a local government are legally valid, they may still be overturned based upon a political decision by HCD staff. 2. SB 744 gives HCD and Developers the power to overturn legally valid local government decisions to deny a project. If HCD finds in the case of a project denial that the decision of the local agency is not reasonable or consistent with meeting local housing needs, it shall vacate the decision and direct the local agency to issue any necessary approval or permit to the applicant. 3. Local Governments have to prove themselves to HCD staff: Project applicants would initially need to demonstrate that a local government decision rendered a project infeasible or was not reasonable. However, once the applicant had done so, the local agency would bear the burden of proof to HCD staff to show that its action was "reasonable." This process is severely flawed for the following reasons: ) HCD staff is not politically accountable to anyone in the community. HCD staff is administering a political proceeding rather than a legal one. HCD staff is inherently sympathetic to developer concerns by virtue of the focus of their department whereas local elected officials have to balance the broader interests of a community when making land use decisions. 4. SB 744 is duplicative and unnecessary: Developers who believe that a local government has unjustly treated their projects already have recourse to the courts under Anti-Nimby Law [Section 65589.5 of the Government Code]. 5. Punitive measures like SB 744 clistract from other far more significant barriers to affordable housing production: This legislation fails to recognize that recent state- imposed conditions such as prevailing wage requirements have a serious impact on housing cost and can increase the costs of affordable housing by over 20 percent. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's position would be unknown to the State Legislature. ALTERNATIVE ACTION: Take no position. FOLLOW UP ACTION: Prepare letter for the Mayor's signature to be sent to the various Local Government and Housing Committee members. ADVERTISING, NOTICING AND PUBLIC CONTACT: None needed ATTACHMENTS: 1. ' Draft letter of Opposition 2. SB 744 (DUNN) 20f2 ( cgIT~W @1Ç ~~~@@£ 13777 FRUITVALE AVENUE" SARATOGA, CALIFORNIA 95070 . (408) 868-1200 COUNCIL MEMBERS: Incorporated October 22, 1956 February 5, 2004 !JJtfJ/jj/!!l Stan Bogos;an Kathleen King Norman Kline Nick Streít Ann Wa/tonsmíth The Honorable Pàtricia Wiggins Chair, Assembly I..ocal Government Committee State Capitol, Room 4016 Sacramento, California 95814 RE: 58744 (Dunn) HCD 5tate Housing Accountability Committee Notice of Opposition Dear Assembly Member Wiggins: The City of Sarøtoga opposes S8 744 (Dunn), because the bill gives the California Department of Housing and Community Development (HCD) the authority to overturn local land use dècisions after hearing appeals from housing development applicants who were previously denied approval or granted approval with conditions by a local agency. HCD is empowered to overrule local decisions that it views as "not reasonable or consistent with local housing needs." This measure significantly increases the leverage of developers over local communities, by authorizing a developer to attempt an "end-run" around any local conditions imposed on a housing development that has been approved at the local level. A developer could seek to overturn any local conditions, if the Department decides that the local conditions are "not reasonable." The Department is empowered to "order" the local agency to modify or remove any such condition, and the developer and panel can enforce this decision in court. This measure is a clear transfer of local land use authority to the state; and places the interests of developers over the interests of the communities and their elected representatives. Under this legislation, even if the conditions imposed by a local government are legally valid, they may still be overturned based upon a political decision by the Department. Besides the loss of local authority, this level of state oversight is unwarranted. Developers who believe that a local government has unjustly treated their projects currently have recourse to the courts under Anti-Nimby Law [Section 65589.5 of the Government Code]. n.'·_>-..J'.__·¥__:...._,.... _n___ t We also observe that SB 744 seeks to empower developers to overturn locally imposed conditions, but ignores the affects of recent state-imposed conditions such as prevailing wage requirememts which can increase the costs of affordable housing by over 20 percent. For the above stated reasons, we strongly oppose SB 744. Sincerely, Ann Waltonsmith, Mayor xc: Members and Consultant, Assembly Housing and Community Development Committee . Members and Consultant, Assembly Local Government Committee AssemblyMember Rebecca Cohn Senatòr Byron Shear League ofGalifornia Cities AMENDED IN SENATE JUNE 3, 2003 AMENDED IN SENATE APRIL 21, 2003 SENATE BILL No. 744 Introduced by Senators Dunn and Ducheny (Principal coauthor: Senator Hollingsworth) (Principal coauthor: Assembly Member Steinberg) (Coauthors: Senators Bnrton and Florez) February 21, 2003 An act to add Section 65585.4 to the Government Code, relating to planning. LEGISLATIVE COUNSEL'S DIGEST SB 744, as amended, Dunn. Planning: housing. Existing law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. One part of the housing element is an assessment of housing needs and inventory of resources and constraints relevant to meeting these needs. The assessment includes the locality's share of regional housing needs which is detennined by the appropriate council of governments, subject to revision by the Department of Housing and Community Development. This bill would establish within require the department a 1I6using /,ee6mttability C6ffilr,ittee e6n3isting 6f 5 mCffibem, appointed as specified, to hear appeals of city, county, or city and county decisions on applications for the construction of housing developments that meet specified affordability requirements. 97 i I 1 SB 744 -2- Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 65585.4 is added to the Government 2 Code, to read: 3 65585.1. (a) There shall be withifl thc depaFtmeflt a lIetlsing 4 Aeceulita13ility Committec eSfl3istcing ef five members. The 5 director ef the departmcnt !!J-Id the Direetor ef the Ceverner's 6 Offiee ef Planning and Research shall be ex effieie members, 7 cJœel"t that eithcr msy dcsigRatc an employce of his or hcr 8 rcspeeti-¡c dcpartmelit or effiee te serve en thc eommittce. The 9 remaining tflrCC n,ct1'lBerS sOOIl Be appoilited BY the Ce-¡emor with 10 the ad-/iee afld eenselit of the Senate. ORe member shall be a II memBcr of a city eetlneil er Board ef stl3crvisors, &Rd onc ethcr 12 mcmber shall h;¡-¡e exteRsive experienee in the developmcnt ef 13 afferdable heusiRg. The appeintcd memBers shall serve for terms 14 eft-lie years each, and the direeter shall desigRftte (tIe eooÏ1'persen. 15 A member ef t·hc cemmittce shall recej-,'e no eOffiJ3ctlsatien for his 16 or her serviees, ¡nit shall be reimbursed BY the depal'tffient fer all 17 rcasenaBle expenscs aetually er neeessarily iRelliTed in thc 18 perf-ermance efhis er her effieial duties. The eemmittee shall hear 19 65585.4. (a) The department shall hear appeals pursuant to 20 this section at Icast quarterly or mere eften as neeessary. The 21 cemmiUee. The department shall conduct the hearings in 22 accordance with rules and regulations established by the 23 department. The dcpaFlmcnt shallprevide the spaee and elerieal 24 and ethcr assistfiflec that the committee may require. department. 25 (b) Any applicant who proposes to construct a housing 26 development that meets the criteria of subdivision (c) and whose 27 application is either denied or approved with conditions that in his 28 or her judgment render the provision of housing infeasible, may 29 appeal the decision of the city, county, or city and county to the 30 llotlsing ,\ccotllita13i1ity Cemfflittee department. However, 31 conditions or mitigation measures impose pursuant to a JocaJ 32 coastal permit or an environmental review required by the 33 California Environmental Quality Act (Division 13 (commencing 34 with Section 21000) of the Public Resources Code) may not be 35 appealed. 97 I -3- SB 744 I (c) An applicant may file an appeal with the committee 2 department if both of the following criteria are met: 3 (I) The proposed housing development will meet any of the 4 following affordability requirements: 5 (A) Five percent of the total housing of the housing 6 development is available at affordable housing cost to extremely 7 low income households whose household income is less than or 8 equal to 30 percent of the area median income. 9 (B) Ten percent of the total housing of the development is 10 available at affordable housing cost to very low income 11 households, as defined in Section 50105 ofthe Health and Safety 12 Code. 13 (C) Twenty percent of the total housing of the development is 14 available at affordable housing cost to lower income households, 15 as defined in Section 50079.5 of the Health and Safety Code. l6 (D) Fifty percent of the total housing of the development is 17 available at affordable housing cost to moderate-income 18 households, consistent with Section 50052.5 of the Health and 19 Safety Code. 20 (2) Either of the following criteria is met as of the date on which 21 the application to the city, county, or city and county is deemed 22 complete: 23 (A) The city, county, or city and county has adopted a housing 24 element that the department has determined pursuant to Section 25 65585 to be in substantial compliance with the requirements oftbis 26 article, and the proposed housing development, exclusive of any 27 density bonus granted pursuant to Section 65915, is consistent 28 with both the density allowed by the jurisdiction's zoning 29 ordinance and the general plan land use designation as specified 30 in any element of the general plan as of the date the application was 31 deemed complete, provided that consistency shall not be required 32 with the zoning ordinance or land use designation if the 33 jurisdiction has not amended the ordinance or the designation to 34 conform to the adopted housing element. 35 (B) The city, county, or city and county has not adopted a 36 housing element that the department has determined pursuant to 37 Section 65585 to be in substantial compliance with the 38 requirements of this article, and the proposed housing 39 development, is located on a site that is designated for residential 97 r I , SB 744 -4- 1 or commercial uses in any element of the general plan as of the date 2 the application was deemed complete. 3 (d) An applicant may file an appeal with the eemmittcc 4 department within 20 days after the date of the decision by the 5 local agency to deny the application or approve the application 6 with conditions that render the provision of housing infeasible. 7 The eemmittce department shan notify the local agency of the 8 filing of ooeh an appeal within 10 days, and the local agency shan, 9 within 10 days of the receipt of the notice, transmit a copy of its 10 decision and the reasons therefor to the committee department. 11 The appeal shan be heard within 30 days after receipt of the request 12 for an appeaJ by the appJicant. The appca] hearing fflay be 13 cenooeted by thc beMd, a sabeemmittee ef eRe er more memflcrs 14 ef the board, 51' a heMiRg 5ffiecr appeinted by the chair ef the 15 OOaffi-appeal hearing may be conducted by the department or a 16 hearing officer appointed by the director of the department. A 17 stenographic record of the proceedings shall be kept. j,t its Rcxt 18 fun meetiRg, the eommittee l¥ithin 30 days of the appeals hearing, 19 the department shan render a written decision, based upon a 20 majority vote, stating its findings offact, its conclusions and the 21 reasons therefor. The hearing by the l1eusing j,eeemRability 22 COH'.mittee department shall be limited to the issue of whether, in 23 the case of the denial of an application, the decision of the city, 24 county, or city and county was reasonabJe and consistent with 25 meeting local housing needs as determined pursuant to Section 26 65584 and, in the case of an approval of an application with 27 conditions and requirements imposed, whether those conditions 28 and requirements render the provision of housing infeasible and 29 whether they are reasonable and consistent with meeting local 30 housing needs as determined pursuant to Section 65584. If the 31 committee department finds, in the case of a denial, that the 32 decision of the local agency is not reasonable or consistent with 33 meeting local housing needs, it shall vacate the decision and shall 34 direct the local agency to issue any necessary approval or permit 35 to the applicant. Ifthe eemmittec department finds, in the case of 36 an approvaJ with conditions and requirements imposed, that the 37 decision of the board renders the provision of housing infeasible 38 and is not reasonable or consistent with meeting local housing 39 needs, it shan order the local agency to modify or remove any such 40 condition or requirement so as to make the project no longer 97 I -5- SB 744 I infeasible and to issue any necessary permit or approval. Decisions 2 or conditions and requirements imposed by a local agency that are 3 consistent with meeting local housing needs shall not be vacated, 4 modified, or removed by the committee department 5 notwithstanding that those decisions or conditions and 6 requirements have the effect of rendering the provision of housing 7 infeasible. 8 (e) In any appeal before the eommittee department, the 9 applicant shaH have the initial burden of proof to show that it has 10 met the requirements of subdivision (c). In a case of approval with 11 conditions or requirements imposed, the applicant shaH also have 12 the burden of proofto show that the conditions and requirements 13 render the provision of housing infeasible. If the applicant meets 14 the initial burden of proof, then the city, county, or city and county 15 shaH have the burden of proof to show that its action was 16 reasonable in that denial of the project or the failure to implement 17 the conditions and requirements, as proposed, would have a 18 specific, adverse impact, as defined in Section 65589.5, upon the 19 public health or safety, the physical environment, or on any real 20 property that is listed in the California Register of Historical 21 Resources, that there is no feasible method to satisfactorily 22 mitigate or avoid the specific adverse impact without rendering the 23 project infeasible, and that the mitigation or avoidance of such 24 impacts outweigh local housing needs. 25 (f) The IIousiflg J\'ccoufltability Committec department or the 26 applicant shaH have the power to enforce the orders of the 27 committee department at law or in equity in the superior court. 28 The city, county, or city and county shaH carry out the order ofthe 29 IIo!ìsiflg }J.ccoufltasi1ity Committcc department within 30 days of 30 its entry and, upon failure to do so, the order of the committee 31 department shaH for aH purposes, be deemed to be the action of the 32 local agency, unless the applicant consents to a different decision 33 or order by the local agency. 34 (g) The department may charge a fee to cover actual costs 35 directly related to the activities of the HO!ì3iflg Accountability 36 Committee department in administering this section. The fee shaH 37 initiaHy be paid by the applicant. If the committee department 38 orders approval of the proposed development or modifies or 39 removes any conditions or requirements imposed upon the 97 , I , SB 744 -6- 1 applicant, the city, county, or city and county shall reimburse the 2 applicant for the fee paid pursuant to this subdivision. 3 (h) (1) For the purposes of this section, "housing 4 development" means a development project consisting of one or 5 more residential dwelling units or an emergency shelter facility. 6 (2) For the purposes of this section, an adopted housing 7 element that has been self-certified pursuant to Section 65585.1 8 shall be deemed to have been approved by the department, unless 9 a court finds that the jurisdiction's housing element does not 10 substantially comply with this article. 11 (i) The remedies provided in this section are in addition to any 12 other remedy provided by law. o 97 I '- SARATOGA CITY COUNCIL MEETING DATE: Fehrn3ry "i, 2004 2T ORIGINATING DEPT: Pnhli" Works CITY MANAGER: & -Y ~~ PREPARED BY: MorE3n Kessler @ DEPT HEAD: 'öD""'-.Q{(A~ AGENDA ITEM: SUBJECT: Brookglen, El Quito and Wildwood Parks: Playground Equipment Upgrade Project - Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Playgrounds Unlimited to be the lowest responsible bidder on the Play Equipment Installation Project. 2. Move to award a construction contract to Playgrounds Unlimited in the amount of $33,980.00. 3. Move to authorize staff to execute change orders to the contract up to $5,000.00. 4. Approve increase of$138,000.00 ($128,216.00, plus $9,784 change order authority) to existing contract with George Bianchi Construction to perform improvement work, on a time-and-materials basis, in preparation for play equipment installation at Brookglen, EI Quito and Wildwood Parks. REPORT SUMMARY: While implementing the upgrades of the above three Saratoga parks, Public Works staff will be acting as the general contractor for the project. The three major operations of demolition, site improvement/preparation, and installation of play equipment will be handled separately and by different contractors, and will be managed and coordinated by City staff. Demolition: City Parks and Street Maintenance crews will perform demolition, clearing, and miscellaneous operations at each park. Site Improvement & Preparation: Improvement/preparation work will be done on a time-and-materials basis, with a "not-to- exceed" contract cap. This approach is favored due to the nature of the work and the limited funds available. For these reasons it is believed difficulty would be encountered in receiving realistic bids should this portion of the proj ect be put out to formal bid. George Bianchi Construction is currently under contract with the City for the 2003 Concrete Maintenance Program (which included the Blaney Plaza Arch improvements), and has historically provided exceptional quality of work and customer service to the City. Playground Equipment Installation: The installation of the new playground equipment requires a contractor specially licensed to do such work, and consequently this portion of the proj ect was put out to bid. The scope of this work includes installation of all previously purchased playground equipment at Brookglen, El Quito and Wildwood Parks. Sealed bids for the Brookglen, EI Quito and Wildwood Parks Playground Equipment Installation Project were opened on January 27'h. A total of three contractors submitted bids and a summary of the bids received is attached (Attachment 1). Playgrounds Unlimited submitted the lowest bid of $33,980.00, which is 16% below the Engineer's Estimate of $40,000.00. This bid is considerably lower than the next highest, and staff believes this can be attributed to Playgrounds Unlimited's familiarity with Saratoga (Playgrounds Unlimited has installed park equipment at several of Saratoga's parks). 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 December 26th, 2003. It is therefore recommended that the Council declare Playgrounds Unlimited to be the lowest responsible bidder on the Playground Equipment Installation Project, and award a construction contract to this firm 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$5,000 to cover any unforeseen circumstances and additional work, which may arise during the course ofthe project. Additionally, it is recommended that Council approve an increase of $138,000.00 to George Bianchi Construction's existing contract to perform the work associated with improvement/preparation of the sites for playground equipment installation. FISCAL IMPACTS: Funding for this work is progranuned in the adopted CIP budget for the El Quito Park Project, and Brookglen & Wildwood Parks Upgrade Project. The adopted budget contains sufficient funds to cover the contract and recommended change order amounts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Playgrounds Unlimited wi11 not be declared the lowest responsible bidder and a construction contract wi11 not be awarded to that firm. Additionally, the existing contract with George Bianchi Construction wi11 not be extended to cover the proposed work. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject an of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid wi11 be obtained by re-bidding the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. .' FOLLOW UP ACTlON(S): The contract with Playgrounds Unlimited will be executed and the contractor will be issued a Notice to Proceed. George Bianchi Construction will be issued a change order for the additional amount. Work will begin as soon as possible and completed early in the spring, weather permitting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Parks will be posted, and adjacent neighbors will be notified prior to commencement of work. ATTACHMENTS: 1. Bid Summary. 2. Not-to-Exceed prices from George Bianchi Construction - o ~ r- eD > IJ m eD ~ '" ... <> <> <> <> <> <> '" '" '" '" co <> <> <> '" en ... '" '" .... <> <> '" en ... en <> " <> <> '" - ,... CJ c- (IJ 0 " '<t::E~ o:::¡'~(J) <DtI)~![ {f Q._- (,Õ'cð ~ 0 " ,," '"Tlæ.o..-<':: o tD"O ~¥ g a a m y¡ ~:s.:E CQ.g-¥ (1)",< ""cc "'tIa.a Q) -'C ?!-~õ. "0 ~CD (I) -.0 ~ '0 " "Q.. g -p' " ~ 3 ,,(I) (I) (II 9- :::J ~ ::r;:: o..-Q..~ .gtl)5i! (I) £ -. 9..... g. :::hCDa. g!1èO' ~ (;)'< 0" " - "' '" - ,... CJ '" '" ;.. C> C> <> C> '" '" ü. C> C> <> C> '" - '" ;.. N - <> C> '" - '" ;.. <> C> <> C> a?~~3" (J) ª,:J ~ eg' Q.3. ª 'TIe5 "'ro 0 g ~ ð.~ ~ ':2:""0 :J¥ . -. a CD ã:<:E :E ä:-c 0(1)- oQ)~ c."cc -co..a m -, t: ~~ð. "0 ~m (I) -.0 ~ -g 5. -,,'0 " ~ 3 ~ (tI «) ß)~a. ""- o..-b "0 ~ W ~ g£a: ::tiro~ g!1èO' g ~''< " - "' 0' '< - - ,... CJ "'"'0 CD E¡ :E 5" ~@':J!i (f) 0 ~ @.. G) 5'::-- acomg .§að.-<;; . m"O:;] -~(I) C~:E 5. ä:"O õCD¡U ïJ§~ " c. ~ ~* 5' g '0"," ~![~ "E.-õ"-ê § g ü' (( @ 3 ~ 9- ~ Q. -. ..... (J)T~ ~~a g¡£& @ @ ~ g~~ " (I) "' " 0'- '< '" 00 Ñ C> C> '" C> '" 00 ü. C> C> <> C> '" N ... :., ... ... <> C> '" - '" õo C> C> <> C> ff~~Q 3 0",'" c-< z'i30 ? §. 3 "T1 ","CJ o » o~ » C"CIØI_;;tI Q) "0 ct ~ :Þ :J.....o.... ~~¡.~o ,<:. ::s ¡g, G) iig» '!- C:N!!! " "'0 ::;~c gä= " , c. ;¡ ¡¡: ~ o c. .. " a- :\' .2. . C $I " "' " ". '0 t:!: o " '" N N :., C> C> '" C> m "D 'ª- ~ c' õ' 2.:E m-;ri- m i'. 3. !!!. .... [ » ~ () :I: s: m Z .... .. ¡¡; '" ~c õ':J a () ;:¡: § c. . c: 3. 3' -I~ [~ - 00 '" 00 C> <> C> '" N '" '" ..., ... <> C> " .. ~c:(j) õ' :. ~ <I>-c; . .~ 3' ~ ... o §: o o 3. 'tJ C 3. R' 2. § C'I) ....-. .. ¡¡; '" a c ...g, o . S':. -' ~ N '" "oJ C> '" C> JRN-29-2004 12:11 B I RNCH 1 *HMHi<.~.I< .....t;)o.......,.,o::..~-''-''-' , ........' '-''- I .' Facsimile Cover Sheet To: Morgan Kessler Company: City of Saratoga Phone: 868-1243 Fax: 868-1281 From: Travis Company: George Bianchí Construction Inc., dba Bianchi-Amaker Construction Phone: 408-453-3037 Fax: 408-452-1366 Date: 01-29-04 Pages Sent: 2 Wildwood Park Grading Drainage Redwood header Concrete work Bark Fill EI Quito Park AC Paving Redwood header Safety I SWWPP Warm up areas Grading DG pathway Wood fibar surface DG resurface Resilient surface $38.246.00 $1850.00 $15,660.00 $1452.00 $11,454.00 $7830.00 $61,961.00 $13,960.00 $3762.00 $1500.00 $2150.00 $1795.00 $8220.00 $5080.00 $3883.00 $5202.00 JRN-29-2004 l~:ll J:: 1 HNl.H 1 )(HI'IHN:.I'( Sand surface Concrete curbing Drainage Brook Glen Park DG pathway Redwood header Drainage Concrete work $2288.00 $6196.00 $7925.00 $5945.00 $5610.00 $5,000.00 $11,454.00 ~~o~~~~~uu I .~~,~~ $28,009.00 I Total, fo~ all páfJŒ $128,216.00 Please call with any questions Thanks I TOTAL P.P¡;:> \ . SARATOGA CITY COUNCIL MEETING DATE: February 04, 2004 AGENDA ITEM: lJ ORIGINATING DEPT: Public Works CITY MANAGER: ç;:Z.7 ¿:::;;-'./ DEPTHEAD:~M gL.~~ L PREPARED BY: John Cherbone SUBJECT: Landscaping & Lighting Assessment District LLA-l; Resolutions initiating renewal ofthe District for FY 04-05. RECOMMENDED ACTlON(S): 1. Move to adopt the Resolution describing improvements and directing preparation of the Engineer's Report. 2. Move to adopt the Resolution appointing the Attorney's for the District. . REPORT SUMMARY: Attached are two Resolutions the City Council must adopt to initiate the annual process of renewing the Landscaping & Lighting Assessment District LLA-l for the upcoming fiscal year beginning on July 1. A brief summary of each Resolution is as follows: 1. Resolution describing improvements and directing preparation of the Engineer's Report - This is the Resolution required under Streets & Highways Code Section 22622 to initiate the annual renewal process for the existing assessment district for the ensuing fiscal year. The Resolution references the proposed improvements to be provided by the district (Exhibit A), and directs the preparation ofthe Engineer's Report required under S&H Code Section 22565. 2. Resolution appointing Attorneys - This Resolution appoints the City Attorney's office as the attorneys for the District throughout the renewal process, and limits their fees in connection with this work to $500. The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1,1997, will be implemented during the renewal process if necessary. . Procedurally this means that assessment ballots will be mailed to those property owners within the District whose initial proposed assessments are either 1) higher than in any previous year and e e e who have not previously voted on their assessments, or 2) higher than what was authorized via balloting conducted in a previous year. As in previous years, ballots will be separately tabulated at the close of the Protest Hearing for each Zone that may be voting. Only those ballots returned by the close of the Protest Hearing will count towards determining whether a majority protest exists. The following sets forth the tentative schedule for renewing the District for FY 04-05: February 04 - Council adopts Resolutions directing preparation of Engineer's Report and appointing Attorneys. Apri121 - Council receives Engineer's Report. Council adopts Resolution of Intention preliminarily approving Engineer's Report and assessments and setting date and time for Protest Hearing. April 28 - Notices with Proposition 218 ballots mailed to property owners, if required. May 12 - Notice of Protest Hearing published in Saratoga News. May 19 - Notice of Protest Hearing published in Saratoga News. June 2 - Council conducts Protest Hearing per Gov't. Code Sec. 53753. Ballots are tabulated at the close of the Hearing. If appropriate, Council adopts Resolution confirming assessments for FY 04-05. June 16 - Backup date if needed. August 10 - Deadline for Engineer to transmit Assessment Roll to County Auditor. FISCAL IMPACTS: The costs associated with administering the Landscaping & Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the District. A detailed analysis of the proposed financing for the District in FY 04-05 will be provided in the Engineer's Report. . CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): One or both of the Resolutions would not be adopted. This would delay initiating the process to renew the District for FY 04-05. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTlON(S): Work on the Engineer's Report will begin. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property . owners as required by law. Additionally, notices will be published in the Saratoga News as required. ATTACHMENTS: 1. Resolution describing improvements and directing preparation of the Engineer's Report. 2. Resolution appointing Attorneys. . e e e RESOLUTION NO. A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2004-2005 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-l RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1. The City Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code ofthe State of California, conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting Assessment District LLA-l and for the levy and collection of assessments for fiscal year 1980- 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950- D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and the Improvements and Confirming the Diagram and Assessments; 2. The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels ofland in said District, for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2004-2005. 3. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 4. The costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon said District, the exterior boundaries of which District are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in said District and of any zone thereof and shall govern for all details as to the extent of the assessment district. 5. The Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the assessment district by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: 1 / a) plans and specification of the existing improvements and for proposed new improvements, if any, to be made within the assessment district or within any zone thereof; e b) an estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c) a diagram showing the exterior boundaries of the assessment district and of any zones within said district and the lines and dimensions of each lot or parcel of land within the district as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and d) a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the severa1lots or parcels ofland in said district in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto. e 6. The Office of the Public Works Director of said City be, and is hereby, designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling (408) 868-1241. ******** The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: e Cathleen Boyer, City Clerk 2 '. . . . RESOLUTION NO. A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 2004-2005 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-l RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, the City Council has determined to undertake proceedings for the levy and collection of assessments upon the parcels ofland in the City of Saratoga Landscaping and Lighting Assessment District LLA-l pursuant to the Landscaping and Lighting Act of 1972 for the construction or installation of improvements, including the maintenance or servicing, or both, thereof for the fiscal year 2004-2005; and WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed and employed to do and perform all legal services required in the conduct of said proceedings, and that its compensation be, and it hereby is fixed at not to exceed $500.00. ******* The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on·the _ day of ,2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk \ SARATOGA CITY COUNCIL MEETING DATE: February 04, 2004 AGENDA ITEM: 2h c..--/~/ ORIGINATING DEPT: Public Works CITY MANAGER: DEPtHEAD:~ ~~ PREPARED BY: John Cherbone SUBJECT: Resolution of Intention to annex properties into Landscaping and Lighting Assessment District for FY 04-05 (Saratoga-Sunnyvale Road "Gateway") RECOMMENDED ACTION(S): Move to adopt Resolution of Intention REPORT SUMMARY: At the October 1, 2003, City Council Meeting, Council directed staff to initiate the process for creating a new Landscape and Lighting Assessment District (LLAD) Zone for the future "Gateway" improvement area, bounded by Prospect Avenue and the Union Pacific Railroad tract. Last September, the City polled the Gateway property owners and there appears to be sufficient support to move forward with the creation of a new LLAD Zone for the properties who are to receive new landscaped frontages via the Gateway Improvement Project. To accomplish this, it is first necessary to annex the properties benefiting from the project into the City's LLAD. Fortunately, this process can be combined with the annual process of renewing of the District. To begin the annexation process, it is necessary for the City Council to adopt a Resolution of Intention, which describes the project in general terms and directs the preparation of an "Engineer Report" which defines the project in much greater detail including an itemization of costs and a calculation of the assessments. Once the Engineer's Report is preliminarily approved by the City Council, a balloting process following the requirements of Proposition 218 will occur, after which it will be determine whether the annexation ofthe properties into the District and collection of assessments can occur. Given the past success with these types of projects in other parts of the City, it is recommended that the Council adopt the Resolution of Intention at this time to begin the annexation process. , FISCAL IMPACTS: The costs associated with administering the Landscaping & Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the District. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolution will not be adopted and the annexation process will not commence. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Work on the Engineer's Report will be prepared and submitted to the Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property owners as required by law. Additionally, notices will be published in the Saratoga News as required. ATTACHMENTS: 1. Resolution of Intention. 2. Exhibits ~ RESOLUTION NO. A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2004/2005 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-l ANNEXATION NO. 1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1. The City Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting Assessment District LLA-l and for the levy and collection of assessments for fiscal year 1980 - 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950- D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and the Improvements and Confirming the Diagram and Assessments; 2. The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels ofland within the territory generally identified on the map attached hereto and which are proposed to be annexed into said District, for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 3. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 4. The Costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the lots within the territory proposed to be annexed into said District, the exterior boundary of which is the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory proposed to be annexed into said District and shall govern for all details as to the extent of the assessment district, and the proposed annexation. 5. The Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the proposed annexation by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: , a) plans and specifications for proposed new improvements to be made within the territory proposed to be annexed into said assessment district; b) an estimate of the costs of said proposed new improvements to be made, the costs of maintenance or servicing, or both, thereof, together with the incidental expenses in connection therewith; c) a diagram showing the exterior boundary of the territory proposed to be annexed into said assessment district and the lines and dimensions of each lot or parcel of land within said territory as such lot or parcel of land is shown on the Santa Clara County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and d) a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, upon the several lots or parcels of land in said territory proposed to be annexed in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcel of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and ofthe expenses incidental thereto. 6. The Office of the Engineer of said City be, and is hereby, designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling (408) 868-1241. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk j Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or serviding, or both, thereof, oflandscaping, including trees, shmbs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other j]]uminating agents for any public Jighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. , Supplement to Exhibit A City of Saratoga Landscaping and Lighting Assessment District LLA-l Annexation No.1 Benefits provided to Proposed Zone 32 Zone 32 - (Saratoga-Sunnyvale Road Gateway Landscape & Lighting District) - Provides for the landscape maintenance and streetlighting along the frontages of certain properties located along Saratoga-Sunnyvale Road from the Union Pacific Railroad Tracks to Prospect Road. The benefiting properties are those within the Saratoga-Sunnyvale Road Gateway Assessment Diagram. PROPOSED GATEWAY LANDSCAPE AND LIGHTING ZONE ¡;¡jJ ! ~~Ç! r MERIDA WAY ~ /'- ¡ t- ,...., ~ ~ ...,-f'/ ~. £ <) I / - =''''< ~ ~ c- g h 1$0 §1- L-<?- ~~ 'ì /' ~ I\<~N ~ - ,s. ~c- I fit¡ }~ V~· ,r KI þON J ~ t---:/: \ '/ . -c' P' iþ+ U " ---1 é' <3 oFJZ "' ~ I ~ JULIE LN, A - I W L,Jc:'It, I ¡¿ / r.· '" e¡ Î '" \.J I ARROYO . KNOLLWOOD / I I I '" , /; ~ ---J <3 ~ ~ ....( "- ~ 0- SEA GULL ¡'" ~~~ '" - §; ,.....,. Š -\i\__ ~~ \!~i',. ~ y" - . ~- y; cr-:-' -1~ ~ ~ iZ ¡ MANOR DR. ¡¡j¡- t" t" .r ~: 0 t SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 AGENDA ITEM: 2L CITY MANAGER: C2~ DEPT HEAD: ~ e.(L~ ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone SUBJECT: Valley Transportation Plan 2030 (VTP 2030) - Local Streets and Roads Program RECOMMENDED ACTION(S): Adopt Resolution establishing a City Project Priority List for the VTP 2030 Local Streets and County Roads Program. REPORT SUMMARY: VTA has invited the Cities and the County to recommend projects for the Local Streets and County Roads Program. The Local Streets and County Roads (LS & CR) program was established as part of the Valley Transportation Plan 2020. This new program, VTP 2030, provides grant funds for local streets and county roads projects from Federal Surface Transportation Program (STP), Congestion Mitigation and Air Quality (CMAQ) and State Transportation Improvement Program (STIP) funds. LS & CR Program Goals: 1. Increase connectivity oflocal streets and county roads as a means to (a) shorten trips by all modes, (b) improve pedestrian and bicycle access, (c) improve transit routing, and (d) keep shorter trips off the regional freeway and expressway system. 2. Provide funding for local transportation proj ects not directly connected to, or fully funded, by new development. A project must be evaluated and compete in a two-phase process to receive grant funding through the Local Streets and County Roads program: Phase 1: Planning (current project solicitation) Phase II: Programming (future solicitation, when funds become available with each new funding cycle). Staff has identified four projects, which have the best chance to score well based on the scoring criteria (see attached VTA Project Application). The projects selected for submission to the VTA are City CIP Projects and are prioritized as follows: 1. Citywide Signal Upgrade Project Phase II: This project is Phase II ofthe Phase I CIP project being implemented now. Phase II will fund smart corridor infrastructure to allow the City's main arterials to be interconnected. 2. Highway 9 Pedestrian Signal: This project will instaU a pedestrian signal at the intersection of Highway 9 and Oak Place. 3. Verde Vista Traffic Signal: This project will instaU a traffic signal at the intersection of Verde Vista Lane and Saratoga-Sunnyvale Road and intersection that currently meets traffic warrants. 4. Herriman Avenue Traffic Signal: This Project will install a traffic signal at the intersection of Herriman Avenue and Saratoga Avenue. In addition, the City of Monte Sereno is interested in submitting a bicycle lane project along Highway 9, which would include Los Gatos and Saratoga. FISCAL IMPACTS: None at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project list wiII not be forwarded to VTA for inclusion in the Local Streets and County Roads Program. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Project applications will be forwarded to VT A. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution. 2. VTA Project Application 20f2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A PROJECT PRIORITY LIST IN CONNECTION TO THE VALLEY TRANSPORTATION PLAN 2030 -LOCAL STREETS AND ROADS PROGRAM WHEREAS, the City of Saratoga desires to submit project applications to procure funding from the Val1ey Transportation Plan 2030 (VTP 2030) - Local Streets and Roads Program; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as fol1ows: To establish the fol1owing projects in the order of priority to be submitted to the Val1ey Transportation Authority to be included in the VTP 2030 - Local Streets and Roads Program and to commit to future local funding matches for those projects: Prioritv Proi ect 1 Citywide Signal Upgrade Project Phase II 2 Highway 9 Pedestrian Signal 3 Verde Vista Traffic Signal 4 Herriman Avenue Traffic Signal The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the fol1owing vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk ATTACHMENT A APPLICATION INSTRUCTIONS The VTA's Local Streets & County Roads Program application is included as Attachment C. Sponsors should complete one application per project. A Sponsor submittal checklist is included in these instructions. Please send applications to: Erin Chao, Transportation Planner III Santa Clara Valley Transportation Authority Congestion Management and Highway Programs 3331 North First Street, Bldg. B San Jose, CA 95134-1906 (408) 321-5735 Project Sponsor Submittal Checklist Item # of copies Project Priority List 1 Governing Body Action approving project priorities, committing future local match and 1 authorizing submittal of list to VTA Sponsor certification that project list and priorities were developed in open public 1 process - this should be a letter describing the process and participants. Agency should attach copies of any public notices or other hard copy verification. Governing Board Action endorsing Community 1 Design and Transportation program Individual Project Applications (one per 9 project) Questions regarding: . Local Streets & County . VTP 2020 Roads Program Applications . Community Design and Transportation (CDT) Erin Chao Chris Augenstein 408-321-5735 408-321-7093 erin.chao@vta.org chris.auqenstein@vta.orq CALL FOR PROJECTS VTP 2020 LS & CR: Planning ATTACHMENT B PROJECT ELIGIBILITY AND SCORING CRITERIA Eligible Projects · New street connections and extensions, local road crossings of freeways and expressways · Multi-modal reconstruction of streets · Roadway operational improvements including new lanes, intersection turn lanes, modern roundabouts · New or major upgrades of sidewalk and Class II & III bicycle facilities · Traffic calming measures · New grade separations at railroads and roadways · ITS projects and project elements Eligible Expenditures · Environmental Studies and Documents, (ENV) · Plans, Specifications & Estimates (PSE) · Right of Way Acquisition (ROW) · Construction & Construction Support (CaNST) Ineligible Projects · Stand-alone transit improvements · Preventive Maintenance and Pavement Management · Freeway and/or expressway projects · Class I (off-road) bicycle & pedestrian paths/trails Ineligible Expenditures · All grant preparation costs expended prior to grant approval · Initial feasibility studies (Pre-PSR/PSR equivalents) · Operating expenses Additional Eligibility Criteria · Project must be sponsored by a Member Agency. · Project limits must be within Santa Clara County · Project must meet State, Federal and Regional (MTC) funding eligibility criteria. CALL FOR PROJECTS VTP 2020 LS & CR: Planning ATTACHMENT B PROJECT ELIGIBILITY AND SCORING CRITERIA · Project submittal must be approved via publicly noticed City Councilor Board of Supervisors action that commits future local funding. Project must be developed through an outreach process that includes all stakeholders impacted by project. Sponsor has endorsed the VTP 2020 Community Design and Transportation Program via councilor Board of Supervisors resolution. Planning Phase Project Selection Criteria Total Available Points -100 · · Street Connectivity: - Up to 25 Points Provide more route options through increased connectivity of street system · New connection of an existing roadway - 25 points or · Gap closure or removal of bottleneck by completing missing lanes - Up to 15 points Congestion Relief: Up to 25 Points Improve efficiency through improvements in system dependability and travel time · Project increases person-trip capacity without adversely impacting other travel modes within surrounding area Up to 10 points. and/or · Project significantly improves travel time by any mode - Up to 10 points and/or · Project benefits a regional facility by providing local streets and/or county road connections that directly improve a non-freeway CMP facility or improve a CMP reliever route - Up to 10 points. Safety: Up to 25 Points Improve safety of existing roadway, pedestrian and bicycle facilities · Project includes elements, which improve safety of an existing condition, which could reduce risk of injury CALL FOR PROJECTS VTP 2020 LS & CR, Planning ATTACHMENT B PROJECT ELIGIBILITY AND SCORING CRITERIA accidents for all modes of travel. Projects that adversely affect bicycle or pedestrian movements and lor degrade the safety conditions for pedestrian and bicycles will not receive points in this category. Transportation / Land Use Connection Interface: Up to 25 Points Encourage consideration of land uses and multimodal transportation planning · Multi-modal projects near or providing improved access to serving concentrated commercial and lor higher density housing - Up to 10 points · Multi-modal projects atlnear rail stations and bus transit centers (as defined in the VTA Short Range Transportation Plan) - Up to 10 points · Traffic calming, multi-modal street livability projects - Up to 10 points CALL FOR PROJECTS VTP 2020 LS & CR: Planning ATTACHMENT C APPLICATION FORM Project Application for First Cycle Santa Clara County Local Streets & County Roads Fund Program (LS&CR) Planning Phase Please see Attachment B for project eligibility. Each project application should be no more than 10 pages, including attachments. Section 1 - Identification: Sponsoring Agency: Staff Contact: Title: Address: Phone: Fax: E-mail: Project Name: Project Priority: (If your agency submits more than one project, your governing board needs to prioritize the list.) Section 2 - Project Description: On a separate sheet, please address the following questions as completely as possible. 1. Please provide a brief description of the project scope and list the elements. 2. Where will the project be located/implemented? Please attach two maps to show: a) The project location within Santa Clara County b) A close-up of the project limits, connections to existing facilities and surrounding land uses. A reviewer unfamiliar with area should be able to use the maps to find the project location CALL FOR PROJECTS VTP 2020 LS & CR - Planning Page 1 ATTACHMENT C APPLICATION FORM CALL FOR PROJECTS VTP 2020 LS & CR - Planning Page 2 ATTACHMENT C APPLICATION FORM Section 3 - Project Cost Estimate and Schedule: Project Sponsor must provide matching funds that equal or exceed 20% of the total project cost. Costs should be rounded to the nearest thousand, in 2003 Dollars (e.g. $1,353,260 should be entered as $1,353). % of ($1, ODDs) ENV PS&E ROW CONST Total Total - - - Cost LS&CR Fund Request Local Match Total 3. Is the project feasibility study complete? If not, when does your agency plan to start it and when do you think it will be done? Please provide a proposed schedule showing estimated project milestones. Milestone Start Date End Date (mm/yy) (mm/yy) Feasibility Study (PSR) Environmental Documents Plans, Specifications & Estimates Right of Way Construction Section 4: Selection Criteria Street Connectivity 4. Does this project provide a) any new connection of an existing roadway; Yes No or b) gap closure or bottleneck removal? Yes No Please explain how and to what extent the project will increase connectivity of street system. CALL FOR PROJECTS V1P 2020 LS & CR - Planning Page 3 ATTACHMENT C APPLICATION FORM Congestion Relief 5. Will this project increase person-trip adversely impacting other travel modes area? Yes No do this? capacity without within surrounding How will it 6. will this project significantly improve travel time? Yes No By what modes? How and to what extent? 7. will this project benefit any regional facility by providing local connections that directly improve a non- freeway CMP facility or improve a CMP reliever route? What are the regional facilities? Yes No How and to what extent? Safety 8. Does this project improve safety of existing roadway, pedestrian and bicycle facilities? Yes No (Project that adversely affect bicycle or pedestrian movements and/or degrade the safety conditions for pedestrian and bicycles will not receive points in the safety category.] Attach accident data. Transportation/Land Use 9. Is the proposed project adjacent to, or providing improved access to concentrated commercial and/or high- density housing? Yes No How close? How does it provide access? 10. project defined Yes Is the proposed at/near rail stations and bus transit centers in the VTA Short Range Transportation Plan)? No (as How close? How does How does it provide access? 11. Does this project include traffic calming elements (i.e. sidewalk bulbouts, speed bumps, pedestrian refuge islands, circles, roundabouts, slow-points, etc.), or other CALL FOR PROJECTS VTP 2020 LS & CR - Planning Page 4 ATTACHMENT C APPLICATION FORM elements that will make streets more livable? Yes No Please list the elements and describe how they will make the surrounding area more livable. CALL FOR PROJECTS VTP 2020 LS & CR - Planning Page 5 ATTACHMENT C APPLICATION FORM Section 4 - public Involvement To be eligible for funding consideration, the project must be developed through an inclusionary outreach process that includes stakeholders impacted by the project. Under this section, please explain how the public has been involved and included as part of the project development to date. Please describe plans for future public involvement. Attach public meeting notices, agendas, minutes and other evidence of project specific outreach efforts where available. CALL FOR PROJECTS VTP 2020 LS & CR - Planning Page 6 ATTACHMENT D SIGNATURE FORM Attachment Checklist and Signature Form Are all the following items attached or included with this application? Item # of -.J copies Project Priority List 1 Governing Body Action Approving project priorities, committing future local match and 1 authorizing submittal of list to VTA Sponsor certification that project list and priorities were developed in an open public process - this should be a letter describing the process and participants. Agency should 1 attach copies of any public notices or other hard copy verification. Governing Board Action endorsing Community Design and Transportation program 1 Individual Project Applications (one per 9 proj ect) I, the City Manager/ County Executive, attest to the actions of the City Council/Board of Supervisor regarding project priorities and commitment of local matching funds for the development and construction of the project(s) submitted for consideration of funding from the Local Streets and County Roads Program. Signature: Name Date CALL FOR PROJECTS VTP 2020 LS & CR - Planning Page 1 \ í SARATOGA CITY COUNCIL 20-1 ORIGINATING DEPT: City Manager's Office CITY MANAGER: ¿/--...::;7 ~/ PREPARED BY: LorieTinfow DEPTHE~¡'~ MEETING DATE: February 4, 2004 AGENDA ITEM: ~ SUBJECT: Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds RECOMMENDED ACTION(S): Adopt the attached Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. REPORT SUMMARY: Under current law, the State of California has the ability to take revenues designated for local government agencies including Cities without local agreement. Historically, the State has taken such action when faced with the need to balance their budget without adequate funding. In the past 12 years alone, the State has shifted City property tax resulting in a loss of $6.9 billion to Cities. More recently, the State has taken revenue from Vehicle Licensing Fees (VLF) to meet their budget needs. Clearly, the State views all forms of City revenue to be available for their use. With each taking, local entities struggle to adjust their budgets. Starting in the early 1990s, the City of Saratoga lost property tax revenue totaling roughly $700,000 each year-this loss continues to today. The VLF loss for the current budget year is already $576,000. Regardless of the outcome of the Governor's budget proposal, Saratoga and other Cities stand to lose even more. The League of California Cities has taken a leadership position on Cities' behalf to stop the takings. They have started the initiative process to put before voters in November 2004 a ballot measure that would prevent the State from appropriating local funds to·balance the State budget. The League is asking each City to adopt the attached resolution in support of the ballot measure. FISCAL IMPACTS: None related to adoption of the resolution. 1 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The League of California Cities would continue the initiative process without the City of Saratoga's support. ALTERNATIVE ACTION(S): Not applicable. FOLLOW UP ACTION(S): Staff will send the signed resolution to the League of California Cities. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: . Resolution 20f2 ) .. RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS WHEREAS, state government annually seizes over $800 million in city property tax funds (ERAF) statewide, costing cities over $6.9 billion in lost revenues over the past 12 years and seriously reducing resources available for local public safety and other services; and WHEREAS, in adopting the state budget this year the Legislature and Governor appropriated local vehicle license fee backfill and redevelopment property tax funds that are needed to finance critical city services such as public safety, parks, street maintenance, housing and economic development; and WHEREAS, the deficit financing plan in the state budget depends on a local property and sales tax swap that leaves city services vulnerable if the state's economic condition fails to improve; and WHEREAS, the adopted state budget assumes an ongoing structural budget deficit of at least $8 billion, putting city resources and services at risk in future years to additional state revenue raids; and WHEREAS, it is abundantly clear that state leaders will continue to use local tax funds to balance the state budget unless the voters limit the power of the Legislature and Governor to do so; and WHEREAS, the voters of California are the best judges of whether local tax funds should be diverted, confiscated, shifted or otherwise taken to finance an ever-expanding state government; and WHEREAS, the General Assembly of Voting Delegates of the League of California Cities at its September 10 2003 meeting voted to sponsor a statewide ballot initiative to empower the voters to limit the ability of state govemment to confiscate local tax funds to fund state government; and WHEREAS, the League has requested that cities offer support for a November 2004 ballot initiative that will allow voters to decide whether state government may appropriate local tax funds to fund state government operations and responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA that the City hereby expresses its strong support for a statewide ballot initiative to allow voters to decide whether local tax funds may be taken, confiscated, shifted, diverted or otherwise used to fund state government operations and responsibilities; and RESOLVED FURTHER, that the City Council and staff are authorized to provide impartial infonnational materials on the initiative as may be lawfully provided by the city's representatives. No public funds shall be used to campaign for or against the initiative; and RESOLVED FURTHER, that the residents of the City are encouraged to become well infonned on the initiative and its possible impacts on the critical local services on which they rely; and RESOLVED FURTHER, that the city manager (or clerk) is hereby directed to send a copy to the Executive Director of the League of California Cities. 'j , The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of February 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk , SARATOGA CITY COUNCIL ORIGINATING DEPT: Public Works AGENDA ITEM: CITY MANAGER: V-Y ¿::;-'/ DEPTHEAD:~ ~t~..... 3 MEETING DATE: February 4, 2004 PREPARED BY: John Cherbone SUBJECT: The 2001-2006 Capital Improvement Plan F.Y. 03/04 Update - Adoption of New CIP Projects and Funding Appropriations RECOMMENDED ACTION: 1. Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from the January 7,2004, City Council Meeting. 2. Adopt Resolution amending the Fiscal Year 03/04 Budget to investigate the establishment of a City Redevelopment Agency. 3. Adopt Resolution approving the 2001-2006 Capital Improvements Plan F.Y. 03/04 Update. 4. Adopt Resolution amending the Fiscal Year 03/04 Budget establishing funding for Projects approved in the 2001-2006 Capital Improvements Plan F.Y. 03/04 Update. REPORT SUMMARY: Please find attached four Resolutions, the first amends the Capital Improvements Plan (CIP) Budget reflecting City Council Direction from the January 7th City Council Meeting, the second reserves funding for feasibility studies for the establishment of a City Redevelopment Agency, the third formally adopts the new CIP Projects into the 2001-2006 CIP, and the fourth adopts funding for the CIP Projects included in the F.Y. 03/04 CIP Update. City Council Direction from the Januarv 7th City Council Meeting: At the January 7th City Council meeting, Council directed staffto reduce funding in the Quito Road Curb & Gutter Replacement Project to eliminate the CIP budget shortfall of $39,736. Adoption of this Resolution will bring the CIP into balance. , City Redevelopment Agency Feasibility Funding: At the City Council Retreat held on January 21, Council directed staff to perform an analysis of the CIP to attain $200,000 in funding to be used for investigating the establishment of a City Redevelopment Agency. Staff recommends that reductions be made to the following CIP Projects: · Saratoga-Sunnyvale Gateway Project: $100,000 · Vi11age Streetscape Improvements: $50,000 · EI Quito Area Curb & Gutter Improvements: $50,000 Total: $200,000 The above funding recommendation is based on the physical connection of each of these CIP projects to the City's three main commercial areas, namely the Gateway Commercial Zone, the Village Commercial Zone, and the EI Quito Commercial Zone. It is assumed that if a City Redevelopment Agency is formed these areas will receive benefit. Adoption of this Resolution will set aside funds for this purpose. Resolution approving the 2001-2006 Capital Improvements Plan F.Y. 03/04 Update and Resolution amending the Fiscal Year 03/04 Budget establishing fundinl!: for those approved projects: The following table provides a summary of the changes to the five-year CIP as approved by City Council in the F.Y. 03/04 CIP Update: New CIP Projects: Civic Theater Lower Perimeter Re-Roof: $49,500 Civic Center Eave Replacement - Community Development/Engineering: $17,600 Village Façade Matching Fund: $50,000 Foothill School Joint Improvements (Field Improvements): $0 Blaney Plaza Improvements - Construction Phase: $121,000 Fire Alarm System for the Historical Park Buildings: $7,425 Repair Work to Trail Segment #3 ("Tank Trail"): $16,500 Sobey Road/Quito Road Traffic Improvements: $150,000 Norton Road Fire Access Road: $110,000 Aloha Street Safety Improvements: $49,500 North Campus Improvements (Fellowship Hall): $151,800 Odd Fellows Trail Development: $60,500 San Marcos Open Space Trail: $27,500 New City "Gateway" Monument Signs: $17,500 20f3 , Chester Avenue Storm Drain Improvements: $0 Highway 910ak Place Pedestrian Signal: $4,000 Book-Go-Around Repairs: $35,000 Adopted Unfunded CIP Projects: Park/Trail Repairs: $30,000 Kevin Moran Park Improvements: $400,000 Median Repairs (LandscapinglIrrigation): $82,500 Total: $1,380,325 I Total Funds Currently Available for New or Existing CIP Projects: $1,380,325 FISCAL IMPACTS: $1,380,325 will be appropriated to the Capital Improvement Fund and $200,000 will be appropriated to the General Fund for feasibility studies in connection to the establishment of a City Redevelopment Agency. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): One, more, or all of the Resolutions will not be approved and the associated projects would not go forward. ALTERNATIVE ACTlON(S): None in addition to the above. FOLLOW UP ACTlON(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution amending 2001-2006 CIP Budget reflecting Council direction from the January 7,2004, City Council Meeting. 2. Resolution amending the Fiscal Year 03/04 Budget to investigate the establishment of a City Redevelopment Agency. 3. Resolution approving the 2001-2006 Capital Improvements Plan F.Y. 03/04 Update. 4. Resolution amending the Fiscal Year 03/04 Budget establishing funding for Projects approved in the 2001-2006 Capital Improvements Plan F.Y. 03/04 Update 5. CIP Spreadsheet. 30f3 .. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET WHEREAS, The City of Saratoga established a new CIP budget on December 19, 2001; and WHEREAS, the CIP budget is a multiple year budget where appropriations are project length and do not also lapse at operating fiscal year end; and WHEREAS, the need to amend the existing CIP is based upon new information and new priorities established by the existing City Council; and NOW, THEREFORE, the City Council ofthe City of Saratoga hereby approves as follows: Amendment To The Adopted 2001-2006 CIP In recent review of the Adopted 2001-2006 CIP, project scopes were either revised, projects completed, and/or new sources of funding (i.e. revenue grants) identified. As a result, the amount of$39,736, from the EI Quito Curb & Gutter Replacement Project, has determined to be freed or "unobligated". The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk ,/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET WHEREAS, The City of Saratoga established a new CIP budget on December 19,2001; and WHEREAS, the CIP budget is a multiple year budget where appropriations are project length and do not also lapse at operating fiscal year end; and WHEREAS, the need to amend the existing CIP is based upon new information and new priorities established by the existing City Council; and NOW, THEREFORE, the City Council of the City of Saratoga hereby approves as follows: Section 1. Amendment To The Adopted 2001-2006 CIP In recent review of the Adopted 2001-2006 CIP, project scopes were either revised, projects completed, and/or new sources of funding (i.e. revenue grants) identified. As a result, the amount of $200,000, ftom the following CIP Projects, has determined to be fteed or "unobligated": · Saratoga-Sunnyvale Gateway Project: $100,000 · Village Streetscape Improvements: $50,000 · El Quito Area Curb & Gutter Improvements: $50.000 Total: $200,000 Section 2. Transfer Unobligated to General Fund The unobligated amount of $200,000 is to be transferred to the General Fund to be establish for the following project: · Feasibility Study for the establishment of a City Redevelopment Agency The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk , RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE FISCAL YEAR 2003-2004 UPDATE TO THE 2001-2006 CAPITAL IMPROVEMENTS PLAN WHEREAS, the City Council desires to update the 2001-2006 Capital Improvements Plan (CIP), and; WHEREAS, the planning Commission did, on December 10th, 2003, and on January 28,2004, find the Fiscal Year 2003-2004 updates to the 2001-2006 CIP to be consistent with the Saratoga General Plan as required by Section 65401 of the State of California Government Code, and WHEREAS, the City Council has reviewed the proposed updates to the 2001-2006 CIP at duly noticed public hearings held on November 5, 2003, December 17,2003, and January 7, 2004. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to adopt the Fiscal Year 2003-2004 updates to the 2001-2006 Capital Improvement Plan as submitted by the Public Works Director, reviewed by the Planning Commission, and designated as exhibit "A" attached hereto is adopted by the City Council. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk ( RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET WHEREAS, The City of Saratoga established a new CIP budget on December 19, 2001; and WHEREAS, the CIP budget is a multiple year budget where appropriations are project length arid do not also lapse at operating fiscal year end; and WHEREAS, the need to amend the existing CIP is based upon new information and new priorities established by the existing City Council; and NOW, THEREFORE, the City Council of the City of Saratoga hereby approves as follows: Section 1. CIP Projects Adopted in the Fiscal Year 2003-2004 Update In the Fiscal Year 2003-2004 Update to the adopted 2001-2006 CIP the following funding levels has determined to be established for the following projects from unobligated CIP Funds and/or Grant Funds: Civic Theater Lower Perimeter Re-Roof: $49,500 Civic Center Eave Replacement - Community DevelopmentŒngineering: $17,600 Vi11age Façade Matching Fund: $50,000 Foothi11 School Joint Improvements (Field Improvements): $0 Blaney Plaza Improvements - Construction Phase: $121,000 Fire Alarm System for the Historical Park Buildings: $7,425 Repair Work to Trail Segment #3 ("Tank Trail"): $16,500 Sobey Road/Quito Road Traffic Improvements: $150,000 Norton Road Fire Access Road: $110,000 Aloha Street Safety Improvements: $49,500 North Campus Improvements (Fellowship Hall): $151,800 Odd Fellows Trail Development: $60,500 San Marcos Open Space Trail: $27,500 New City "Gateway" Monument Signs: $17,500 Chester A venue Storm Drain Improvements: $0 Highway 9/0ak Place Pedestrian Signal: $4,000 Book-Go-Around Repairs: $35,000 Section 2. CIP Projects adopted previous to the Fiscal Year 2003-2004 Update In the Fiscal Year 2003-2004 Update to the adopted 2001-2006 CIP the following funding levels has determined to established or added to existing funding levels for the following projects from unobligated CIP Funds and/or Grant Funds: Park/Trail Repairs: $30,000 Kevin Moran Park Improvements: $400,000 Median Repairs (LandscapinglIrrigation): $82,500 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the _ day of , 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk . . , ~ SARATOGA CITY COUNCIL ¿ì MEETING DATE: February 4, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: 0 J ~ PREPARED BY: Jesse Bal~ DEPTHE~ SUBJECT: State Budget Update RECOMMENDED ACTION(S): Accept Report. REPORT SUMMARY: The current budget scenario is as follows: 1) The City will lose approximately $576k of its current year VLF revenue stream, which is considered a backfill gap to be repaid in 2006, and 2) $156k is permanently lost beginning in FY 2004-05 in property taxes as a result of Governor's proposed expansion of the ERAF shift of local property taxes to support school funding. Proposition 57 provides for a one-time $15 billion Economic Recovery Bond to refinance past budget deficits via y.. cent triple-flip. Proposition 58 requires future balanced budgets, prohibits future bond financing of any deficit, and creates a rainy day reserve to assist with future economic downturns andlor to make an early payoff on outstanding bond obligations. $3 billion of the $15 billion bond proposal is to be used to help close next years spending gap. As of mid-January 2004, a field poll conducted by the Public Policy Institute of California reached a conclusion that 35% of the States likely voters will support proposition 57 whiJe 44% oppose it, leaving 21% undecided. The field poll is believed to have a 3.5% plus or minus margin of error and was conducted after Governor Schwarzenegger's January 6th State of the State speech, where he urged support for the bonds. Other polls have reached a similar conclusion that the propositions have a high degree of not passing. The loss of the proposition 57 Bond Act would plunge the State into a fiscal crisis. There appears to be no fallback position if the Bond Act fails. By the time of the election, there may not be enough of the fiscal year left to enact meaningful budget cuts to offset the imbalance. As , I 1 the election draws nearer, we will learn more about how the State intends to proceed in either case, and will repeat it to the Council. Future milestones of the States budget process include the following: · February 7, 2004 - League ofCA Cities is expected to take a position on Prop. 57 and 58 · March 2, 2004 - March primary election. · April 1, 2004 - All proposed budget adjustments to the Governor's budget, excluding capital and May revision, are due to the Legislature. · May 14,2004 - Governor's May Revised budget for 2004-05. · June 15, 2004 - Legislature is required to pass the budget bill. FISCAL IMPACTS: To be determined. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): N/A. FOLLOW UP ACTlON(S): Continue monitoring the States budget process and its impact on Saratoga finances. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. A TT ACHMENT(S): 20f2 , . . . SARATOGA CITY COUNCIL 5 ORIGINATING DEPT: City Manager's Office CITY MANAGER: rO--./~ DEPTHE~~v\"~ MEETING DATE: February 4, 2004 AGENDA ITEM: PREPARED BY: Lorie Tinfow SUBJECT: Request for Funding by Saratoga-Monte Sereno Community Foundation RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: Interest in creating a Saratoga Community Foundation began several years ago. The Foundation was put on hold in early 2002 as Council reconsidered the appointment process and the requirements imposed on potential board members. Specifically, Council found that the required financial disclosures and other legal issues including compliance with the Brown Act, the Public Records Act and the Political Reform Act associated with the Foundation-City relationship as then described kept some community members from applying. A memo explaining the full background is included as Attachment A. A Foundation started by community members with no official relationship with the City would not be subject to the rules and restrictions public bodies must honor. In August 2003, two community members met with two Council volunteers and staff to discuss if and how members of the community could step up and start the Foundation. The community members agreed and since then the following actions have occurred: October 2003 Met with Silicon Valley Community Foundation to discuss opportunities for partnership; SVCF agreed to provide accounting structure for SCF November 2003 Presentation to Monte Sereno City Council regarding participation; two MS Council members volunteered to assist December 2003 Name changed to Saratoga-Monte Sereno Community Foundation to reflect the new involvement. January 2004 First meeting held that includes Monte Sereno representation; draft mission and vision statements prepared; draft timeline prepared; preliminary budget under development A copy ofthe group's vision and mission statements is included as Attachment B. The group is now ready to begin assembling a Board and formally incorporate. Funding is needed for . these steps and the yare making a request for $25,000 to pay for start up costs and/or as matching funds to attract additional contributions. If Council wishes to contribute the $25,000, adoption ofthe attached resolution would appropriate funds from the Council Contingency fund to cover the total. FOLLOW UP ACTION(S): If Council wishes to contribute the $25,000, staffwi1l execute a check for the amount. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: · Attachment A: Background Memo · Attachment B: Copy of vision and mission statements · Attachment C: Resolution e . 20f2 ~~~A I J City of Saratoga e City Manager's Office 13777 Fruitvale Ave. Saratoga, CA 945050 Tel: 408/868-1215 fax: 408/867-8559 Memo To: Saratoga Community Foundation Meeting Participants From: Assistant City Manager Lorie Tinfow Date: August 14, 2003 Re: Sununary of Activities related to Saratoga Community Foundation This memo provides background information related to the issues associated with a City- irútiated foundation and a quick timeline of Foundation activities. TIMELINE e · Interest in creating a Saratoga Community Foundation began several years ago; Council asked the City Attorney to prepare reports for two Council meetings and a sununary of the issues based on those reports follows under "Background Information". · A follow up report was considered by Council at their July 18, 2001, meeting. At that time, Council established a set of draft bylaws and directed staff to begin an appointment process similar to that used for Commissioners. · The Foundation was put on hold in early 2002 as Council reconsidered the appointment process and the requirements imposed on potential board members. Specifically, Council found that the required financial disclosures and other legal issues including compliance with the Brown Act, the Public Records Act and the Political Reform Act associated with the Foundation-City relationship as then described kept some community members ITom applying. · City Commissions became interested in fundraising activities that were in conflict with their role as advisory to the City Council. A Foundation was identified as one possible mechanism to channel those efforts. · The City Council continued to identifY potential city and other public projects that are in need of more support and financing than the City is capable of doing. In addition, other city . non-profit groups have approached the City for support on worthy projects. Again, a Foundation was identified as one possible mechanism to channel those projects. , e . . · After the election in 2002, attention refocused on developing the Foundation and two Council members, Ann Waltonsrnith and Kathleen King, volunteered to investigate options and report back. I was also asked to provide staff support. · In March 2003, the Hakone Gardens bylaws were reviewed and determined to be a good model on which to build the Foundation-specific provisions of interest include having a Council member serve on the Board and complying with the Brown Act. · In April, the Hakone Gardens bylaws were sent to the City Attorney for review and modification. He determined that outside counsel review was needed in order to make any modifications. Some modifications would require input from the initial board members and outside counsel asked for the board members to be named before moving ahead. · Council members have continued to discuss the Foundation with community members but staff has taken no further action. BACKGROUND INFORMATION Although tax-deductible contributions can be made directly to local govemments, many communities have found that community foundations can provide a valuable tool to encourage private donations in support of community projects. Community foundations may be oriented to specific concerns (e.g., playfields or the arts) or may be more broadly focused on all issues of genera! benefit to the local community. Community foundations established by local govemments are subject to the Brown Act, Political Reform Act, and other public agency restrictions applicable to all actions by the City. Independent foundations are not subject to these restrictions. Independent foundations are established by filing articles of incorporation with the Secretary of State and seeking approval to operate as a non-profit from the Internal Revenue Service and the state Franchise Tax Board. Discussion This section describes (1) the general purpose and function of community foundations, (2) legal issues arising in connection with City-sponsored foundations, and (3) the process of establishing a community foundation. 1. General Purpose and Function of Community Foundations The main purpose of a community foundation is to collect and distribute funds contributed by individual citizens, corporations, and other charitable organizations to benefit a specific geographic area. Some community foundations serve small cities (e.g., the Claremont Community Foundation, http://www.clarernontfoundation.org!), while others serve large cities (e.g., the California Community Foundation, http://www.calfund.orgi, which serves Los Angeles) and entire regions (e.g., the Silicon Valley Community Foundation, http://www.siliconvalleygives.orgi. which covers San Mateo and Santa Clara Counties). Community foundations traditionally have had three central rnissions: . Page 2 j 1, Provide donors with a way of giving that fulfills their financial interests and charitable desires; ~ 2. Build permanent funds to be used for the broad charitable needs of the community; _ and 3. Maintain needed non-profit service delivery in their communities. A community foundation differs from a private grantmaking foundation in that it is not subject to the control of an individual family, business, corporation or other limited group. Rather, it is govemed by a board of area residents knowledgeable about community needs, and chosen to represent the public interest. Because of these attributes, a community foundation is classified by the Internal Revenue Service as a public charity. That status entitles living donors of community foundations to tax deductions that are often superior to those accorded private foundations' donors. Funding may come from a wide variety of sources including individual or corporate contributions, membership fees, grants, fundraising efforts (annual or special campaign) and/or endowments. The following examples provide a sense of how community foundations have been formed in different communities, and how they operate: )0 In Los Gatos, there are several groups devoted to community projects. The Los Gatos Community Foundation (hüP:llwww.losgatoscommunitvfoundation.on;) focuses on town beautification projects and gives grants and scholarships to local residents. Smaller groups in Los Gatos, such as the Friends of the Library and the Los Gatos Disaster Aid Response Team, solicit money for specific purposes relating to existing city services. Community foundations can also serve as incubators for other groups that then evolve into a separatc stand-alone foundation. The Silicon Valley Children's Hospital Foundation had such a relationship with the Los Gatos Community Foundation. e )0 The Claremont Community Foundation was originally founded by the City but is now entirely independent, has given over $300,000 to support over 100 projects and programs relating to education, health and general welfare, history and cultural heritage, and perfonning and visual arts. )0 Friends of Fields, in MjJ Valley, was established by private citizens for the sole purpose of renovating existing playing fields in the city. Soliciting money rrom private sources, including little league and soccer club users of the field, the Friends have spent $1.3 million to renovate 8 fields, with the renovation of2 additional fields currently being planned. )0 The Concord Youth Sports Foundation, was created in partnership with the City to raise money to build baseball and soccer fields for Concord. The Foundation included the city's Director of Leisure Services as a board member. The Foundation raised $1.5 million for construction and continues to raise money for the facility's operating budget. There are alternatives to fonning a new community foundation to serve the purposes for which it would be formed. A local chapter of the United Way, or one or more existing charitable organizations, might perform the same functions and serve the same community . . Page 3 e e . needs as a community foundation. Moreover, members of the public may contribute directly to the City to fund activities, institutions, and facilities within the community. Contributions to the City are deductible for purposes of the federal income tax so long as they are made solely for public purposes, such as building or renovating a pubHc playing field or funding an arts program. 2. Legal Issues If the City creates a community foundation the foundation will be subject to the same legal requirements applicable to City commission and departments. These include the Brown Act (requiring advance notice and public access for most agency meetings), the Public Records Act (requiring public access to most agency documents), and the Political Reform Act (requiring public disclosure of financial information for all agency decisionmakers) among others. In our discussions with various foundation representatives we found a general concern that the requirements of these laws, while appropriate to the activities of public agencies, served to limit the flexibility of foundations and to constrain their ability to raise funds. For this reason, many cities and individuals interested in sponsoring community foundations have concluded that foundations should be established independently ofIocal governments to complement rather than expand the local government. 3. Formation of a Community Foundation. The manner in which the City proceeds in support of formation of a community foundation depends on whether the foundation will be independent of the City or will be a City-sponsored foundation. If the City wishes to support formation of an independent foundation, the City Council could direct staff to take steps to inform the Community of the Council's interest and to encourage interested members of the community to step forward. Interested community members would form an initial board of directors that would define the goals and objectives of the foundation. The board of directors would then file articles of incorporation with the Secretary of State and would seek a determination of tax-exempt status from the Internal Revenue Service and the state Franchise Tax Board. The specific form of the corporation would be determined based on the specific goals and objectives and fundraising strategy selected by the Board of Directors. Most community foundations are established as non-profit organizations that are exempt from federal taxation under section 501 (c)(3) of the Internal Revenue Code. After the state and federal tax exemption determinations are made, the community foundation can begin accepting donations. The manner in which those donations are used would be determined by the foundation's board of directors consistent with the foundation's articles of incorporation. If the City wishes to support a City-sponsored foundation, the City Council could direct staff to solicit applications for a special committee to investigate and create a City of Saratoga Community Foundation. That committee could make recommendations to the City Council concerning the proper scope and organization of such a foundation. With these factors defined, the committee could proceed with formation of the foundation . Page 4 j using a process similar to that described above for an independent foundation. The only difference between the two would be the City's active role in the City foundation's governance and the fact that the City foundation would operate subject to the various public agency laws described above. e City Resources Needed Creation of a successful community foundation could have significant financial advantages by creating an additional source of revenues to finance programs that are important to the community. If the City proceeds with a City-sponsored community foundation, the level of staff support needed would depend on the level of effort desired by the Foundation and the Council. There would be no significant costs associated with encouraging formation of an independent community foundation. e e . Page 5 e e . .A--H\(Å'\}M~.-t j) Saratoga-Monte Sereno Community Foundation The Saratoga-Monte Sereno Community Foundation (SMSCF) is a non-profit organization of community and civic-minded, concerned individuals who are working toward improving life in the Cities of Saratoga and Monte Sereno, California. Vision Statement The vision of the SMSCF is to support, strengthen & enrich the quality oflife in the Saratoga and Monte Sereno community areas. Dare to Dream... ~ of additional playing fields built for our youth ~ of expanded senior facilities and programs ~ of public space beautification and public art projects ~ of improvements to local theater facilities ~ of expanded library services ~ and more Mission Statement The SMSCF is a tax exempt, non-profit umbreUa organization created to improve the quality of life in the Saratoga-Monte Sereno area. The two Cities are working together to strengthen community facilities, services and events including school services, library services, parks, public space, and senior services. The Foundation does this by serving the foUowing three constituencies: · The Community At Large: The Foundation and its board serve as a catalyst with the Cities and citizens of Saratoga and Monte Sereno in addressing the needs of our community. Through grants and partnerships with start-up organizations, the Foundation reaches out to a broad spectrum of community groups including the arts, youth, health, social services, environmental, educational, religious and other local projects. · Donors: For people who love their community and have the desire to give something back to their Cities and environs, the Foundation provides qualified guidance and stewardship in helping them meet their charitable objectives. · Local Non-Profit Organizations: The Foundation distributes funds in accordance with the donor desires. In addition, it provides support for specific programs and offers assistance in managing individual endowment funds. RESOLUTION NO. 04- 1 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO START THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION e WHEREAS, the creation of a Community Foundation has been under consideration for a number of years; and WHEREAS, community members have come forward to take leadership in the Foundation's launch; and WHEREAS, the City of Monte Sereno has indicated interest in being included; and WHEREAS, the Foundation needs funds to pay start up costs and/or provide a matching fund to generate additional contributions; and WHEREAS, the Community Foundation will operate more cost effectively than if a City sponsored organization; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: To appropriate $25,000 to be contributed to the Saratoga-Monte Sereno Community Foundation e AND BE IT FURTHER RESOLVED, to adjust the City of Saratoga's Fiscal Year 2003-2004 budget for the appropriation of $25,000 for this project according to the following entries: Increase Decrease 001-1005-511.40-51 City Council 001-1010- 511.5 0-02 Council Contingency $25,000 $25,000 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of February 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor e ATTEST: Cathleen Boyer, City Clerk , . e . SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 G Oe-Ý¿;;:7'" AGENDA ITEM: ORIGINATING DEPT: City Attorney CITY MANAGER: PREPARED BY: Richard Taylor DEPT. HEAD: SUBJECT: Code Enforcement Policy and Mediation of Disputes RECOMMENDED ACTIONS: Adopt resolution setting forth City of Saratoga Code Enforcement Policy encouraging mediation of disputes. STAFF REPORT: In 2003 the City Council requested staff to prepare for Council consideration a formal statement of the City's code enforcement policies and to include in those policies provisions designed to encourage mediation of neighborhood disputes. The attached resolution would formalize the City's existing code enforcement practice but would modify that practice to require mediation of code enforcement complaints which the Code Enforcement Officer determines do not involve immediate threats to public health or safety or otherwise require immediate action. The City's existing code enforcement policy as determined by the Code Enforcement staff is a complaint-based system. Code Enforcement officers review complaints (anonymous complaints are not accepted) in the order received. First priority is given to complaints involving threats to public health or safety. The next priority are allegations of active violations in direct violation of City codes where immediate action could help avoid a more serious violation or unnecessary expenditures of funds (for example, active construction of a fence in violation of the City code). These two types of complaints consume a majority of the Code Enforcement staffs time. The remainder of staff's time is devoted to complaints that do not fall in the first two categories. Within this third category, staff typically works first to resolve alleged violations in the complainant's neighborhood and then to investigate other complaints. Wherever possible, staff attempts to work with the complainant and the alleged violator to I , e e . determine a mutually agreeable solution to the situation that led to the complaint. The attached resolution would formalize the City's existing policy and practice with one change. For alleged violations that do not threaten public health or safety and which do not otherwise require immediate action, the policy would give priority to matters in which the alleged violator has rejected an opportunity to participate in mediation ofthe dispute. Similarly, matters in which the complainant has rejected an opportunity to participate in mediation would be given lowest priority. These provisions are designed to create an incentive for constructive solutions to neighborhood disputes. Many times resolution of a dispute based on forcing technical compliance with the City Code alone has been found to be ineffective. Staff expects that most mediation would be conducted by the County of Santa Clara Mediation Service. The Service is a Santa Clara County program operated under the auspices of the County Human Relations Commission. The service has been providing mediation since 1976 and considers code enforcement and a wide range of other matters. The only matters that the Service does not address are situations involving dornestic violence or where one of the parties lacks the mental capacity to understand the mediation process. The Service has a pool of approximately 100 mediators who have received a minimum of 40 hours of training. Most of the current rnediators have been in the pool approximately 5 to 10 years. The Service includes primarily volunteer mediators ITom varied backgrounds. Once there is a formal arrangement between the City and the Service typical turnaround time is expected to be about two weeks. It may be longer for the first few matters considered by the Service. If the number of matters is low, there may be no charge to the City. In the event there is a charge for services in excess of $5,000 staffwiU return to Council for authorization. FISCAL IMP ACTS: None at this tirne. There could be a charge for use of the County of Santa Clara Mediation Service but initial services will be provided at no charge untjj the City and the Service can ascertain the volume and nature of the disputes brought to the service. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City would not have a formal code enforcement policy and would continue with the staff policy and practice described in the staff report. 2 I , FOLLOW UP ACTIONS: Staff will implement Council direction. ATTACHMENTS: e Resolution Establishing Code Enforcement Policy e e 3 . . . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA ESTABLISHING A CODE ENFORCEMENT POLICY A. The City of Saratoga recognizes that its residents desire to have provisions of the City Code be enforced. To enable citizen participation, the City has in place a system whereby residents may make complaints of alleged Code violations. No anonymous cornplaints are accepted. B. Limited funds are available for all City services, including Code Enforcernent. Depending on the number and type of pending complaints, Code Enforcement staff may not be able to respond promptly to all complaints. C. The first priority of the City is to respond to complaints concerning alleged violations that present an imrnediate threat to public health and safety or the environment and to next respond to cornplaints of activities of limited duration that are in process, present a clear violation of the City Code, and that can be resolved through immediate action. D. The City has found that in many cases, enforcement of the Code does not fully address the circumstances that may have led to the filing of a complaint. E. To make the most effective use of City Code Enforcement resources and to foster comprehensive solutions to community concerns, the City will encourage informal resolution of Code violation complaints by encouraging each complainant and the alleged violator to participate in mediation pursuant to this policy. THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following policy: Prior to enforcement action by the City on a complaint, each complainant and alleged violator shall be requested to participate in rnediation unless Code Enforcement staff, in its sole discretion, determines the complaint concerns an immediate threat of danger to Resolution No. Page 1 of 4 / health, life, safety, or irreparable environmental damage, or for another reason is not appropriate for mediation. . Code Enforcement will follow the procedures outlined below when receiving a complaint of a Code violation. Step 1: Evaluation. Code Enforcement will evaluate the complaint to determine whether immediate action is necessary because it involves an immediate threat of danger to health, life, safety, or irreparable environmental damage. Code Enforcement will also evaluate whether the alleged violation is preventable and requires an imrnediate "Stop Work Order." Code Enforcement retains the cornplete discretion to detem1Íne when an alleged violation requires immediate action. Step 2: Notify parties of mediation. Within 10 days after receiving the cornplaint, Code Enforcernent shall request the County of Santa Clara Mediation Service to contact the cornplainant and the alleged violator to encourage their participation in mediation within 30 days rrom the date of the complaint or as soon thereafter as a mediator is available. Step 3: Mediation. The mediation process shall be as follows: (a) The parties shall attempt to mediate a solution in rront of an impartial mediator. The . mediator shall be a trained mediator frorn the County of Santa Clara Mediation Service or another mutually agreeable mediator. (b) The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of interested neighbors or other persons. Parties are encouraged to contact immediate neighbors and solicit input. ( c) The mediator shall consider the purposes and policies set forth in the applicable ordinance in atternpting to resolve the dispute. The mediator will outline options and set time frames based on the issues relevant under the code in question. (d) The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to expedite the corrective action and elirninate the need for further involvement by Code Resolution No. Page 2 of 4 e " . . . Enforcement staff. If the alleged violation can be solved through the outlined options, to the satisfaction of the parties and the City, the parties shall enter into a signed and dated compliance agreement which sets forth specific compliance requirements and schedule. (e) If a signed and dated compliance agreement satisfactory to the City is consummated through this mediation process, the violation is corrected and the case is closed. Step 4: Code Enforcement Prioritization. Code Enforcernent will in its sole and complete discretion prioritize the complaint into the levels listed below. The response time will depend on the priority level of the alleged code violation. 1st Priority: Alleged violations which Code Enforcement determines to involve health, life, safety, or irreparable environmental damage concerns or in which significant environmental damage or costly remediation can be avoided by issuance of an immediate Stop Work order. 2nd Priority: Alleged violations which Code Enforcement determines to directly affect the complainant or the complainant's property. 3rd Priority: Alleged violations other than priority levels 1,2, and 4. 4th Priority: Alleged violations made by a complainant who refuses to participation in mediation. In determining the priority of a specific enforcement action within Priority Level 3, Code Enforcernent staff may consider any and all factors it deems relevant, including but not limited to whether resources are best spent on one violation or another; whether Code Enforcernent is likely to succeed ifit acts; whether the particular enforcement action requested best fits the City's overall policies; and whether Code Enforcement has enough resources to undertake the action at all. Resolution No. Page 3 of 4 I PASSED AND ADOPTED by the City Council of the City of . Saratoga, State of California, this _ day of , 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: City Clerk . Resolution No. Page 4 of 4 . \ . . . SARATOGA CITY COUNCIL MEETING DATE: February 4,2004 1 CITY MANAGER: O~~ DEPT HEAD: /L_ /-~ AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: DISCUSSION/EXPECTATIONS!BUDGET FOR URBAN FORESTRY PLAN RECOMMENDED ACTION: Discuss and provide direction. REPORT SUMMARY: Based on research accomplished online I have put together the following steps or outline of how to create an Urban Forestry Plan for the City of Saratoga. STEPS TO GUIDE COMMUNITY FOREST MASTER PLAN DEVELOPMENT 1. Vision and Goals The first step in management of any resource involves setting vision and goals to achieve through management. The following is an example: "The overall goal of this plan is to facilitate appropriate management to sustain the health and increase the extent of the urban forest resource in the City of Saratoga. The specific vision of this plan is to help direct city management to increase overall tree cover, tree health, and consequent tree benefits in Saratoga in an equitable, economic, and sustainable manner." 2. Identify Management Areas Achieving a community forestry vision over an entire municipality is accomplished by identifying critical places to apply management activities. The following are suggested areas to focus community forestry management activities: · City tights-of-ways · Santa Clara Valley Water District easements, · City Parks · Other public and quasi-public land uses · Private residential and commercial properties \ · · · 3. Inventory and Assessment The purpose of this step is to inventory and assess the species, number, health condition, location, and maintenance needs of individual trees by management and planning areas identified in step 2. This can be done using sampling methods or by inventorying each individual tree in management areas identified in step 2. For inventorying vegetation, inventory procedure and tally sheets need to be developed. 4. Data Summary The outcome in step 4 is a compilation of the data collected in step 3 into a useful format for analysis. This can be accomplished in a number of ways. 5. Identify Benchmarks Determine desirable benchmarks for the community forest based on the defined vision and goals. A community sets benchmarks by quantifying how they might reach their stated goals. For example, one goal of the City of Saratoga may be to increase overall tree cover. This means increasing average tree cover from the existing percentage within the city boundaries to a level of up to 50% depending on the land use. To accomplish this, technical experts will be needed to assist the City in figuring out how many trees need to be planted to reach this goal. There are other benchmarks that Saratoga might consider. Including tree condition, and priorities for management activities such as pruning and removals. 6. Data Comparison Compare data summary of step 4 to benchmarks in step 6 to determine management strategies to plant, maintain, remove, reinventory, and regulate. Ideally, management activities would be defined on a yearly basis to achieve vision and goals. 7. Involve Community Residents Identify the roles of stakeholders and residents in the community. Define how citizens can become involved. For example, resident volunteers may be trained to participate in a tree inventory and assessment process. In addition, residents could be involved in tree planting and maintenance activities. If there is enough interest, the Council can establish tree advisory committees. Besides defining potential community parmers and roles, the tree advisory committee can serve to accomplish much of the master plan development, communication of community forestry activities, and assist City of Saratoga staff. 8. Community Development Define how the community forestry master plan could integrate with any overall community development plans. Research indicates that community forestry master plans are more likely to be implemented if they are linked to the General Plan. There are many ways to do this including Building, Zoning and Subdivision ordinances. 20f3 I The above set of steps would generate an Urban Forestry Plan that would be representative of . the love of trees often expressed at both City Council and Planning Commission meetings. Staff believes to do less than is outlined above might be worse than not having a plan. FISCAL IMP ACTS: If most of the work is accomplished "in-house" it will be less costly in dollars but will be extremely time consuming for Staff. If a consultant is hired the cost will be substantial. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will continue to use "Good Forestry Practice" as a criterion without actually having an Urban Forest Plan as the critical measure. ALTERNATIVE ACTION: Remove the "Good Forestry Practice" criteria from the City's Tree Regulations. FOLLOW UP ACTION: This depends upon the direction from City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: . Not required. ATTACHMENTS: None . 30f3 .. · · · SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 ~ CITY MANAGER: &-7~ DEPTHEAD: ~~ AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Carv Bloomauist SUBJECT: DeAnza I PG& E Trail Funding Agreements RECOMMENDED ACTION(S): 1. Authorize City Manager to execute Agreement with Anonymous Donor for Donation of funds to the City to facilitate the possible creation of a segment of a public trail in Saratoga. 2. Authorize City Manager to execute Cooperative Fund Transfer Agreement with the Valley Transportation Authority (VTA) to enable the City to receive VTA funding for the possible creation of a segment of a public trail in Saratoga. REPORT SUMMARY: Introduction: At their December 3, 2003 City Council meeting, Council direéted staff to move ahead with the process of developing a pedestrian/cycling trail on PG&E right-of-way lands running parallel to the railroad tracks between Saratoga and Saratoga/Sunnyvale Avenues. Council specifically requested staff develop funding agreements with the VTA and Anonymous Donor for the purposes of procuring funding for the public trail project. Working closely with the City Attorney, VT A staff, and the Attorney representing the Anonymous Donor, staff is bringing forward agreements that meet the requirements of all parties. Anonymous Donor Agreement: A meeting was recently held with the City Attorney, City staff and the Attorney for the Anonymous Donor to finalize an agreement stating all the conditions and parameters pertaining to the donation of $400,000 to the City for the purposes of developing a public trail within the City. The Silicon Valley Community Foundation has been selected by the Anonymous Donor as the instutution of deposit for project funding. Presently $250,000 lies in deposit at the Foundation for this project. Highlights of the agreement are as follows: . Development of the trail will proceed in three phases: 1. Phase I will include the public review process, conceptual design and evaluation of environmental effects. · e · · 2. Phase II will include development of detailed design and construction specifications and any needed right-of-way acquisition. 3. Phase ill will include construction of all necessary improvements · City funds shall be used for costs associated with each phase of Trail Development. City shall seek reimbursement for 80% of project costs from VTA per funding agreement with VT A. City shall submit a reimbursement request for the 20% balance to the Silicon Valley Community Foundation ("Foundation") including a copy of the invoice submitted to VT A. · Based upon the VTA providing 80% of the project funding, Anonymous Donor wishes to donate an amount not to exceed $400,000 to cover the City's 20% share ofthe estimated $2,000,000 project cost. · Of this $400,000, Donor has placed an initial deposit of $250,000 in an account maintained by the Foundation, which is expected to cover the cost of Phases I and II of the project. Phase ill shall be funded by a $150,000 deposit by Donor prior to the commencement ofthis phase III. · The anonymous donor has indicated that she will authorize her agent to sign the agreement in the form attached as soon as she receives confirmation from tax counsel that the donation is tax deductible. Staff has no reason to believe that she will not receive this confirmation. · Donation is being made in memory of donor's deceased spouse ("Donor's Spouse"), and if the City completes the Trail, the City shall maintain the following in perpetuity: 1. A name for the Trail that includes the first name of the Donor's Spouse. For example, the "Sam's Trail at Congress Springs Park" or "Sam's Run at the Saratoga Trail" or "Sam's Run ofthe Saratoga PG&E Trail". 2. Three brass plaques mounted on stone in the style of the plaque and stone commemorating the donation and dedication of the Warner Hutton House in Saratoga shall be placed at each end of the trail and at the entrance to the trail at Congress Springs Park. Each plaque will be worded as follows: "[Trail Name(e.g., Saratoga trail, Sam's run)] donated to the City of Saratoga by [First name of Donor] in memory of [First, Middle Initial, and Last Name of Donor's Spouse] or other inscription as may be mutually agreed to by the donor and City in the future. Santa Clara Valley Transportation Authority Agreement: The cooperative agreement between the VTA and the City is a generic "boiler plate" fund transfer agreement (attachment B) which the City has utilized several times with past projects. The DeAnzalPG&E project is broken down into 3 phases. For every dollar the City spends, the VTA will reimburse 80%. Phase I project cost is $100,000, of which $80,000 will be awarded by the VT A as reimbursement and the remaining 20% reimbursed by the Anonymous Donor. FISCAL IMPACTS: As stated in the funding agreements, the City will be reimbursed for proj ect related expenses incurred by the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Funding agreements will not be entered into and City will not receive these funds. ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): Forward Funding Agreement to VTA for Board Approval. Finalize Anonymous Donor Agreement ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A - VT A Funding Agreement Anonymous Donor Agreement Will be provided under separate cover . e e e ·, e e . ATTACHMENT A SANTA CLARA VALLEY TRANSPORTATION AUTHORITY 1996 MEASURE B BICYCLE PROGRAM FUND TRANSFER AGREEMENT This cooperative Agreement (Agreement) is made as of February 4, 2004, between the Santa Clara valley Transportation Authority (VTA) and the city of Saratoga (Member Agency). This Agreement is made with reference to the following facts: A. On November 5, 1996, the voters of Santa clara county enacted by majority vote the 1996 Measure A Sales Tax program and the 1996 Measure B sales tax. The 1996 Measure B program included $12 million for bicycle projects in Santa clara county. B. The VTA Board of Directors adopted the Santa Clara countywide Bicycle plan on September 10, 2002, which included the Tier 1 priority list of bicycle projects. C. The Tier 1 bicycle projects will be funded out of the Bicycle Expenditure program that was adopted by the VTA Board of Directors on August 3, 2000. D. The Bicycle Expenditure program is a ten-year $32 million funding program for the Tier 1 projects in the Santa clara countywide Bicycle plan. E. The Santa clara County Board of supervisors approved the Measure B Bicycle Program on August 17, 2000. F. VTA has been designated by the county of Santa Clara as the program Manager for the 1996 Measure B Bicycle program, and is responsible for disbursing Measure B Bicycle program funds. G. This A~reement specifies the conditions under which VTA will dlsburse Measure B Bicycle program funds to the Member Agency for the DeAnza / PG&E Trail phase I project. Section 1. Project Description The Member Agency will complete a Feasibility study, Environmental Impact Report, and Right-of-way Determination Study for a Bicycle/Pedestrian path between Saratoga- sunnyvale Road and saratoga Avenue (referred to herein as "project"). Section 2. Award of Measure B Bicycle Funds $80,000 in Measure B Bicycle Program funds will be provided to the Member Agency for implementation of the project. , Section 3. Minimum Local Match The Member Agency agrees to provide a local match equal to at least 20% of the total project cost, as shown in Attachment A. The local match shall not include funds from the following sources: a) Transportation Development Act Article 3 30% set-aside for the Bicycle Expenditure program b) Transportation Fund for clean Air Program Manager 50% set-aside for the Bicycle Expenditure program c) Transportation Equity Act for the 21't century Enhancements 2nd Cycle set aside for the Bicycle Expenditure Program d) Any other funds approved by the VTA Board of Directors as being dedicated to the Bicycle Expenditure Program e Section 4. Bicycle Technical Guidelines' Standards The Member Agency shall ensure that the project will comply with the standards in the Bicycle Technical Guidelines adopted by the VTA Board of Directors in september 1999, unless compliance would result in extraordinary cost and/or environmental impacts. Section 5. Review of Plans The Member Agency shall provide two copies of the 35% plans, Specifications and Estimates (PSE) of the project to VTA as soon as they are available. e Section 6. Administrative Costs The Member Agency's allowable administrative costs project are limited to 1% of the Measure B Bicycle for the funding. Section 7. Reimbursements Any costs incurred for the project before full execution of this Agreement are not eligible for reimbursement. The Member Agency shall submit invoices to VTA with documentation of costs incurred during the invoice period, using the form shown in Attachment B. VTA shall pay the Member Agency within thirty days after receipt of each invoice and to continue making such payments until the Project is complete or the Measure B Bicycle fund contribution is fully invoiced; whichever occurs first. Section 8. Monitoring and Status Reports The Member Agency shall submit yearly-basis financial and implementation status reports to VTA by August 1 of each year. Each report shall itemize the obligation and page 2 of 5 e . , . . . expenditure of funds, and the progress to date in the implementation of the project. Section 9. Audit The Member Agency shall retain all books, documents, papers, accounting records and other evidence pertaining to costs for three years after completion of the project. The Member Agency shall also allow VTA or an independent auditor selected by VTA to audit all expenditures relating to the Project and to require all recipients of funds allocated under this Agreement to fully cooperate with such audits, within three years of the date of the final payment to the Member Agency. Section 10. Marketing and Public Relations The Member Agency shall use vTA-approved and county of Santa clara-approved logos and signage for the Project as shown in Attachment C on signs posted at the site of all construction. The logos shall be used on any printed material intended for public dissemination associated with the project, including but not limited to brochures, handbooks, schedules, maps, and promotional materials. The Member Agency shall credit the VTA as the program Manager and the county of Santa clara as the funding source in any related articles, news releases, or other publicity materials that are produced by the Member Agency for the project. Sections 11. Notices Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, by U.S. postal Service mail, or by certified mail (return receipt requested), to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. carolyn M. Gonot chief Development official Santa Clara valley Transportation Authority 3331 North First Street San Jose, CA 95134 John Cherbone Public works Director City of saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 page 3 of 5 , Section 12. Staff Liaisons Liaison with the Member Agency with regard to the day-to- day activities of the proJect shall be with Cary Bloomquist. Liaison with the VTA with regard to the day- to-day activities of the project shall be with celia Chung. Notification of change of status of contact persons shall be made in writing wlthin thirty 30 days. . Section 13. Member Agency Liability Neither VTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the Member Agency under or in connection with any work, authority or jurisdiction delegated to VTA or the Member Agency under this cooperative Agreement. Pursuant to Government Code 895.4, Member Agency shall fully defend, indemnify, and save harmless VTA from all suits or actions of every name, kind and description brought on for or on account of injury (as defined in Government code Section 810.8) occurring by reason of anything done or omitted to be done by the Member Agency under or in connection with any work, authority or jurisdiction delegated to VTA under this Cooperative Agreement. Section 14. VTA Liability Neither the Member Agency nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by VTA under or in connection with any work, authority or jurisdiction delegated to the Member Agency or VTA under this cooperative Agreement. Pursuant to Government Code 895.4, VTA shall fully defend, indemnify, and save harmless the Member Agency from all suits or actions of every name, kind and description brought on for or on account of injury (as defined in Government code section 810.8) occurring by reason of anything done or omitted to be done by VTA under or in connection with any work, authority or jurisdiction delegated to VTA under this Agreement. . . page 4 of 5 , . ., e e e Section 15. Additional Terms and Conditions A. The Member Agency shall fully expend Measure B Bicycle program funds by June 30, 2005. B. This Agreement shall terminate on June 30, 2005, unless all parties agree, in writing, to an extension. C. No alternation or variation of the terms of this cooperative A9reement shall be valid unless made in writing and slgned by both of the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. City of Saratoga (Member Agency) SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) Dave Anderson, City Manager peter M. cipolla, General Manager Approved as to Form: Approved as to Form: Richard Taylor, City counsel Counsel Page 5 of 5 « ...... e: aJ E .c: u ~ ...... e: aJ E aJ ~ 0). I-< ~ « Õ " ò:3 (1) ~ ~::t; :5~~8 ~"'O..;-\...... ClJ (¡) á$ ~ c....s::: '~'''=''''' o U 0 [2 oUJÖ;o.. u"'o_..... Ee:,";:; roroc:::~ .... x r' O'I"¡: ~ ß eiOotdi:'i3 a..~CJ aJ01e:;.g ~=ê ~ I .- e: -< d Q1 :J Q) ::s (QLJ...Qo aJ Ü .... :J (/) ro aJ ~ oj OJ) o - $"'¢ ;:;0 (/)~ "---- ON .£ Ü 0 0 0 0 0 0 0 0 - 0 - 0 .œ 0 0 0 0 Ò ~ ~ Ò {3. 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Attachment B 1996 Measure B Bicycle Program Request for Reimbursement Project Title: Countywide Bike Plan Proj ID#: Agency: Contact: Phone: Project Location & limits: Description of Work funded by Measure B: Date: Request #: For this pedod of work start date: end date: Please attach support documentation for this reimbursement . Total Project Allocation AmOlmt: Less cumulative previous requests: Remaining balance after previous requests: Amount of this request: $ $ S $ emaining Pro' ect Allocation AmOlUlt for future re uests: $ To the best of my knowledge, the above information is true and accurate and I have been authorized by the proj ect sponsor to request this disbursement of funds. Name: Title: Date: Agency: Signature VT A approvals: OK topay$ . , CITY OF SARATOGA AGREEMENT FOR DONATION OF FUNDS FOR PLANNING AND POSSIBLE ACQUISITION AND DEVELOPMENT OF A PUBLIC TRAIL . THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and , the authorized agent ("Agent") for the anonymous donor ("Donor") who wishes to donate funds to facilitate the City's consideration and possible creation of a segment of a public trail in Saratoga. The City, Agent, and Donor (through the Agent) agree as follows: RECITALS WHEREAS, the City has initiated a public review process to consider creation of an approximate 1.6 mile trail in the City of Saratoga ("the Trail") as described and depicted in Exhibit A to this Agreement; and WHEREAS, as a result of the public review process the City may decide to proceed with development of the Trail including right of way acquisition and development of various improvements to allow public use of the Trail; and . WHEREAS, as more fully described in Exhibit B to this Agreement the City has estimated that the cost of the public review process, design, any subsequent right-of-way acquisition, construction and public improvements will be approximately $2,000,000 ("Estimated Project Cost"); and WHEREAS, the City expects that the process for consideration and possible development of the Trail will proceed in three phases: Phase I will include the public review process, conceptual design and evaluation of environmental effects; Phase II will include development of detailed design and construction specifications and any needed right-of-way acquisition; and Phase III will include construction of all necessary improvements; and WHEREAS, the City expects to receive grants from the Valley Transportation Agency ("VTA") or other funding sources for 80% of the Estimated Project Cost (a copy of the initial grant from the VTA is attached hereto as Exhibit C), these grants typically require City's payment of the remaining 20% of the Estimated Project Cost; and WHEREAS, Donor wishes to donate up to a maximum of $400,000 to cover the City's 20% share of the Estimated Proj ect Cost; and WHEREAS, Donor wishes to currently remain anonymous; and WHEREAS, the Donor has authorized the agent to act on his or her behalf in executing this . agreement ("Agreement"); Page 1 of6 . . . NOW THEREFORE, the parties hereto agree as follows: 1. The Recitals hereinabove are incorporated and shall become part of this Agreement; 2. DONATION. Donor agrees to donate up to a maximum of $400,000 to cover the City's twenty percent share of the Estimated Project Costs. Donor has placed an initial deposit of $250,000 in an account maintained by the Silicon Valley Community Foundation ("Foundation") to be disbursed by Foundation upon authorization of Donor or Donor's Agent for the benefit of the City in accordance with section 4 of this Agreement. After diligent study and consideration, the City expects this to be sufficient to cover the costs of Phases I and II of the project. Donor shall deposit the remaining $150,000 not later than 30 days after receipt of notice from the City that Phase II has been completed and that the City intends to proceed with Phase III... 3. CONSIDERATION. In reliance upon the promised donation to the City, the City will proceed with the public review process and consider whether to proceed with development of the Trail. Donor shall have no authority to require the City to proceed with development of the Trail or to otherwise direct or control the public review process, the Trail location, design, or improvements. Notwithstanding the foregoing, because the donation is being made in memory of the donor's deceased spouse ("Donor's Spouse") upon completion of the Trail or any smaller segment of it or if the entire project is for any reason abandoned or construction delayed for a period greater than thirty-six consecutive months, the City shall establish and aesthetically maintain the following in perpetuity along the applicable completed segments as identified below: a. A name for the Trail that includes the first name of the Donor's Spouse. For example, "Sam's Trail at Congress Springs Park" or "Sam's Run of the Saratoga PG&E Trail". If the Trail is a segment of a larger trail, these naming requirements shall apply only to the segment of the larger trail that is the subj ect of this Agreement as shown on Exhibit A. The Donor shall provide the City with the name of Donor's Spouse at a reasonable time following the City's approval of the first contract for trail construction as part of Phase III. It has been disclosed that the first name shall be "Sam," "Joe" or "Paul." b. Three brass plaques mounted on stone in the style of the plaque and stone commemorating the donation and dedication of the Warner Hutton House at 13777-A Fruitvale Avenue in Saratoga. The plaques shall be located at each end of the Trail and at the entrance to the Trail from the parking area adjacent to the trail at Congress Springs Park. Each plaque shall state "[Trail Name (e.g., Sam's Run of the Saratoga PG&E Trail] donated to the City of Saratoga by [First Name of Donor] in memory of [First Name, Middle Initial, and Last Name of Donor's Spouse]." or other inscription as may be mutually agreed to by the Donor and City in the future. Page 2 of 6 , c. The City agrees as part of the consideration for Donor's promise to donate funds . that if the City proceeds with Trail development following the completion of Phase I, the City will use reasonable diligence in the pursuit of the design, construction and development of the Trail to completion. 4. REIMBURSEMENTS TO CITY. City funds shall be used for costs associated with each phase of Trail development. City shall periodically seek reimbursement for 80% of all costs eligible for reimbursement from VT A in accordance with a fund transfer agreement between VTA and City in substantially the same form as the Fund Transfer Agreement for Phase I attached hereto as Exhibit C. Following payment by VTA of reimbursable amounts owed to the City pursuant to the applicable Fund Transfer Agreement, City shall submit a reimbursement request for the 20% balance to the Donor's Agent and the Foundation including a copy of the invoice submitted to the VTA and proof of the VTA's payment of said invoice. Donor or Donor's Agent shall cause the Foundation to pay the City within thirty days after receipt of each twenty percent reimbursement request up to the full amount of the $400,000 that has been fully invoiced or until this Agreement is terminated, whichever occurs first. Unused Donor funds, if any, upon completion, cessation of development and/or construction, or abandonment of the Trail, shall be returned to the Foundation. The Foundation has verified (1) that the funds referenced on this Agreement as being on deposit are on deposit and (2) that it can and will make the payments required by this agreement in the manner specified in this Agreement and upon authorization by Donor or Donor's Agent. A copy of the Foundation's verification is attached hereto as Exhibit D. City shaH make . available and copy to Agent all monitoring and status reports submitted by City to VTA or other funding agencies and shall make available to Agent the results of any audit conducted by VT A or other funding agencies that is provided to City. 5. ADDITIONAL FUNDING. The City will use reasonable efforts to determine the availability of and acquire other non-City funding sources to be applied to and used toward the City's 20% share of Trail development costs. If these funds become available they may reduce by like amount the funds pledged by and due from the Donor pursuant to this Agreement. 6. DONOR'S AGREEMENT. Agent warrants that the Donor has reviewed and agreed to the terms of this Agreement and authorized the Agent to execute it on his or her behalf. A copy of the authorization (excluding the signature of the Donor to preserve the Donor's anonymity) is attached to this Agreement as Exhibit E. Donor and Agent agree to inform the City of any change in Agent's authority to act on behalf of Donor in administration of this Agreement. 7. BREACH. The parties shall have all available remedies at law and in equity to enforce the terms of this Agreement under the laws of the State of California. 8. LEGAL FEES. If any action at law or equity is brought to enforce or interpret the provisions of this Agreement, each party to the litigation shall bear its own attorneys' fees e and costs. Notwithstanding any references herein to the VTA Funding Agreement, Donor assumes none of the indemnification obligations ofVTA referenced in said agreement and no Page 3 of6 e e . Donor funds shall be due or used in connection with the prosecution, defense or indemnification of any action filed in connection with the Trail. 9. TERM. The Agreement commences on the date it is executed and extends until the earlier of the following: a. A resolution is adopted by the City Council declaring that the City has completed the Trail and placed the plaque described in section 3, above; b. A resolution is adopted by the City Council declaring that the city has no intention to proceed with any planning or development of the Trail within the next five years; or c. Failure by the City to submit any reimbursement request in accordance with the terms of this Agreement to the Foundation over a thirty-six consecutive month period; d. Design, development and/or construction of the Trail has not been pursued with reasonable diligence to completion andlor has been abandoned or ceased for a period ofthirty-six consecutive months. Notwithstanding the foregoing, the obligations of the City set forth in section 3 of this Agreement shall survive termination of the Agreement. 10. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 11. NOTICES. All notices or communication concerning this Agreement inclusive of a Party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via fax or via e-mail to fax numbers and e-mail addresses to be provided by the party seeking such courtesy notices. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may add additional persons or entities to be noticed and may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Agent shall be sent to: Page 4 of6 ¡ Notices to City shall be sent to: e Dave Anderson City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (fax) 408/867-8559 With a copy (which copy shall not constitute notice) to: Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (fax) 408/867-8559 11. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the Donor's donation of a maximum $400,000 toward the establishment of the Trail. Each party to this Agreement ... acknowledges that no representations, inducements, promises or agreements, orally or .- otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. AGENT: Date: Print Name: Title: AGENT FOR ANONYMOUS DONOR By:_ Date: CITY OF SARATOGA, a municipal corporation e By: Date: Ann Waltonsmith, Mayor Page 5 of 6 . e e . ATTEST: By: Date: Cathleen Boyer, City Clerk APPROVED AS TO FORM: By: Date: Richard Taylor, City Attorney Exhibit List Exhibit A - Description and Diagram of Proposed Segment of the DeAnza Trail Exhibit B - Description of Estimated Project Costs Exhibit C - Copy ofVTA Funding Agreement Exhibit D - Foundation Verification Exhibit E - Donor's Authorization Page 6 of6 ~ 4 I~~~ l] { ~ \1 dffc:'~'D B tl J::I~ TIlT IIa ' . ~ II' ~\l ~ '\.¡ M. '. ,i1l!,K ~\ ç I ¡-' I r- [Ie1.l J.lj CLl.li "::"',,-, ~', ,;,. '\' Çli '~'¡~ r 1 ~ -'d .l r. n~" ,,"'S<!. -' ~ ¡= ~ "l¿;J 'L" -. ,r ~ ~:" " "".1\,,_ ;(" _ '" : p '\-1" 1,'0. . r¡= î r-,!±U" I ""', L: J.r'r~" s::' ~ '0 ' ~ ~~ ¡ J 1- ; '''~ J. fj:J::;~~~" - ~Jk"~ . ", '. . 1';;: ~ 1 : ;- ~ \1 I-r- " Z ~'~'-,.-...I 10 - rT'1" 1 - - --, 'rr ¡ f= _ K J .~;>j-. à.~o');::>.. d , r - r , ~ ,-- ~. __ -"',c " ,., (')";1) ~ .r . r r ::<J.'\.L ¡-- 'F ,-~ ø h-< n~~~"~" hC~~ ~'-Z¡H --r<-~' "J} ~/,,'ý ..~ ò' N ~.~ è? \=fX>Y' .u" 'kZ>'1f,. '!::fjjJj. 1=, r, ^>., Ú '-fY,()< ,UÜ, .. ~ "< 'Jèi-j j \= .',-\ Il JL_~ .L , ~ J- 'J ~ >tf,'::f;, 1 : - 1-' ,- ,1·;.,.-- "v ~, .. J ldé' t-/?:}f n¡I2J '?I , ¡:: , n r Á~_ "'" "'/~ _ r 'r,:= - ~,1.)-IQ l .'""'" ~.l.L-- F ~ J. f~, e,J, ~ ~ .r~O<}-L ¡=If- ../ L;;;:: 'L.t¡ I /? Ç( Fd '::. r<' /' ~ +±±t Ii -I..,~ ~ --t: ,t::1 ~ K r~']j~~,,~).~ ~~ rll~ <:\1::>;>. ~" ,¡- r-:J,- ~ ;'\" '-" "';Y r r ".A''''',D ~ , r IIR-. "~Á~' __ 'V ~y r- \\'1"'-\..\ \ -.J. ..Ll."J, -' ~ IT =A m-'-n.v 'l'.l ~ Z _ '>.1"". . ....- ~ ~" -l..J,. 1< -11 'l!. .. I u;'-'--'-' ç¡ I, : ~ P,_, c-I',.r' c:{'S,.':j 'Á ;- , . . . ~¡ " --1.-1. /-11 'I £,it r- ~F¡~~ r-rrrT~r= _~¡- . r I' i:r, ¡-_ "'A >I-{ ¡- - 1 I 1. Jr.., ~ ~ '> / r r -,~ 1- ,CC - -,::; ~ r _ -1. èk <; ~ r;: LC é:ìi: ~~ -, l^~ I~ I' " c: '_, ....- ,(^\'::t '-. ~ F; ,/ '^'","~ ""-=-~ / f0:< · rl2'~ '" '- L J.u-u->.u.-, Ii9í ;;> = '1~ ~ ,/1 r¡c",,--LiJ.i,.LU.LL. r , ~ -w. f!:";( r . '_,!,-' iÀ j. :~:....~. ~-: ~ ,,' J. -rc g,(:'~L~ ~ ; ~ j rJ< i:i;:)\¡tp~' 'L.' <. r <- " L J' I J .pc.. '-J" ,« C- , L ~ \-+- _ J' J.lli CD ! rDêll¡~ ...~. i. ~~ \ ^ r ir- 2 ~ -f' · ;3,Þ;. . J,¡' (;(,'~ t= r ;"',N. "-.V, '. -4 L>. ¡-.. ,r ¿ J / H r ,_ '" (:J> .... ~ Z //'y ~ ¡¿:u . , . e . SARATOGA CITY COUNCIL MEETING DATE: February 4, 2004 ~ AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: eJe-.-7 ~ ¿:7.-7 ~ CITY MANAGER: DEPT HEAD: Dave Anderson, City Manager SUBJECT: LAFCO Fire Service Review - Boundary Drop Resolution RECOMMENDED ACTION: Approve resolution. REPORT SUMMARY: The draft countywide fire Protection Service Review report was issued on November 18, 2003. The Service Review is required by the State and specifies that LAFCO conduct service reviews prior to or in conjunction with the five-year mandated sphere of influence updates. There view of fire services in Santa Clara County is first in a series of such service reviews. This Service Rèview includes all fire service agencies in the County including seven city fire departments and four fire protection districts. The report includes a special in-depth report on regional fire protection alternatives for Saratoga and surrounding areas. This special area of study was initiated because of a concern with duplication of service with two separate jurisdictions providing fire and EMS response in the City of Saratoga. The City Council solicited community input on the report at the January 7, 2004 Council meeting. Five speakers provided comments on the report to the City Council. The CityCouncil members discussed the issue and adopted a statement to be sent to LAFCO representing the City Council concensus on the issue. Much of the Council discussion focused on statements concerning district consolidation even though the final consensus statement stressed the preference for a permanent Boundary Drop agreement. At the Council retreat, held on January 24th, the LAFCO Fire Service Review was agendized and discussed. As Councilmembers discussed the item it became apparent that there was a concern about achieving and maintaining a high quality of fire service in the City. However, there was no City Council consensus on consolidation or annexation. Furthermore, the Council determined because of potentially severe revenue losses due to the state budget crisis, the City should refrain from becoming the lead agency in any future annexation or consolidation effort. Instead, a majority of Councilmembers preferred to strengthen the Boundary Drop, making it permanent. The Council provided the following direction at the meeting: . Work toward long term Boundary Drop - 2006-2016 · City Council resolution in support of long term Boundary Drop · Work towards single system to cover all of Saratoga · Involve Saratoga Fire Protection District in process . . Council does not desire to be lead agency in annexation or consolidation efforts A resolution in support of a long term Boundary Drop is attached to this report. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: A resolution in support of a long term Boundary Drop would not be adopted. ALTERNATIVE ACTION: · Do not adopt resolution in support of a long term Boundary Drop. · Adopt resolution in favor of fire service agency consolidation or annexation. FOLLOW UP ACTION: . Send copies of resolution to relevant fire districts, the County of Santa Clara and LAFCO. ADVERTISING, NOTICING AND PUBLIC CONTACT: Noticing by posting of Council meeting agenda. ATTACHMENTS: Attachment A - LAFCO Fire Service Review - Boundary Drop Resolution . 20f2 RESOLUTION NO. 04- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA -- LAFCO FIRE SERVICE REVIEW - BOUNDARY DROP RESOLUTION WHEREAS, LAFCO issued a draft Fire Protection Service Review on November 18, 2003 ; and WHEREAS, the Saratoga City Council agendized the draft Fire Protection Service Review for public comment on January 7, 2004; and WHEREAS, the City Council took comments from the public and adopted a concensus statement to submit to LAFCO on behalf of the City; and WHEREAS, the City Council agendized an discussed the Fire Protection Service review at it's January 24,2004 annual retreat; and WHEREAS, the City Council desires to achieve and maintain a high quality of fire service in the City; and e WHEREAS, the discussion produced no City Council consensus on fire service consolidation or annexation; and WHEREAS, the Council determined because of potentially severe revenue losses due to the state budget crisis, the City should refrain from becoming the lead agency in any future annexation or consolidation effort; and WHEREAS, a majority of Councilmembers preferred to strengthen the Boundary Drop, making it permanent. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Saratoga City Council supports efforts to strengthen the Boundary Drop, making is permanent, and directs City of Saratoga representatives on the Boundary Drop Oversight Committee to work diligently towards that end. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 4th day of February, 2004 by the following vote: AYES: NOES: . . . . ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk 20f2 Ann Waltonsmith, Mayor