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Home My WebLink About09-15-2010 City Council agenda packet AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL & ASSEMBLYMEMBER JIM BEALL JR. SEPTEMBER 15, 2010 SPECIAL MEETING –5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on September 10, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. CLOSED SESSION -5:30 P.M. –ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE . CONFERENCE - REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 503-24-016] Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director CONFERENCE - REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 389-29-007] Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director ADJOURN TO CLOSED SESSION 1 OPEN SESSION –6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM –13777 FRUITVALE AVENUE. CALL JOINT MEETING TO ORDER – 6:00 P.M. 1.Joint Meeting with Assemblymember Jim BeallJr. Recommended Action: Informational only In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us.Any materials distributed by staff after the posting of theagenda are made available for public review at the office of the City Clerkat the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Debbie Bretschneider,Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Counciland Saratoga/Monte Sereno Community Foundation of the City of Saratoga was posted on September 10, 2010, 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 th Signed this 10 day of September 2010 at Saratoga, California. Debbie Bretschneider Deputy City Clerk 2 èÛÚÐ×ÍÖùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ ê×ÙÍÕÎÓÈÓÍÎÍÖïíæ÷óèéÛÊÛÈÍÕÛìÛÊÈÓÙÓÌÛÎÈÉ éÈÛÖÖê×ÌÍÊÈ ûÈÈÛÙÔÏ×ÎÈûïíæ÷óèéÛÊÛÈÍÕÛìÛÊÈÓÙÓÌÛÎÈÉ ê×ÆÓ×ÅÍÖûÙÙÍÇÎÈÉìÛÃÛÚÐ×ùÔ×ÙÑê×ÕÓÉÈ×ÊÉ éÈÛÖÖÊ×ÌÍÊÈ òÇÐÃ òÇÐÃ ûÇÕÇÉÈ ûÇÕÇÉÈ ûÕÇÉÇÈ ûÇÕÇÉÈ ûÇÕÇÉÈ é×ÌÈ×ÏÚ×Ê èÊ×ÛÉÇÊ×ÊÉê×ÌÍÊÈÖÍÊÈÔ×ïÍÎÈÔ÷ÎØ×ØòÇÎ× èÊ×ÛÉÇÊ×ÊÉê×ÌÍÊÈ ûØÍÌÈÊ×ÉÍÐÇÈÓÍÎÛÏ×ÎØÓÎÕÈÔ×ùÓÈÃÍÖéÛÊÛÈÍÕÛªÉùÍÎÖÐÓÙÈÍÖ óÎÈ×Ê×ÉÈùÍØ× éÈÛÖÖÊ×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ ûØÍÌÈâÍÎÓÎÕíÊØÓÎÛÎÙ×ûÏ×ÎØÏ×ÎÈÈÍûÊÈÓÙÐ×ÈÍÌÊÍÔÓÚÓÈ ÉÏÍÑÓÎÕÓÎùÓÈÃÍÖéÛÊÛÈÍÕÛìÛÊÑÉ ùùéÈÛÖÖê×ÌÍÊÈÎÍÉÏÍÑÓÎÕÓÎÌÛÊÑÉ íÊØÓÎÛÎÙ×ÌÊÍÔÓÚÓÈÓÎÕÉÏÍÑÓÎÕÓÎÌÛÊÑÉ öã ¦ ùøúõùÍÇÎÈÃ ùÓÈÃùÍÎÈÊÛÙÈ éÈÛÖÖê×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ ùÍÎÈÊÛÙÈ ÷ÄÔÓÚÓÈÉ ê×Ð×ÛÉ×ÍÖø×Ö×ÊÊ×ØóÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ éÈÛÖÖÊ×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎÍÖéÛÈÓÉÖÛÙÈÓÍÎê×Ð×ÛÉ× ø×Ö×ÊÊ×ØóÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ ê×ÉÍÐÇÈÓÍÎ ú ìÊÍÌÍÉÓÈÓÍÎù×ÊÈÓÖÓÙÛÈÓÍÎ éÈÛÖÖÊ×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ ùèùï×ÏÍ AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, September 15, 2010 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on September 10, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1.Recognition of MOVE-IT Saratoga Participants Recommended action: Recognize MOVE-IT Saratoga participants and present them with certificates of completion. SPECIAL PRESENTATIONS None 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. 2.Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: July 15, 2010; July 23, 2010; August 5, 2010; August 13, 2010; August 16, 2010; August 19, 2010; August 31, 2010 and September 1, 2010 3.Treasurer's Report for the Month Ended June 30, 2010 Recommended action: Review and accept the Treasurer’s Report for the month ended June 30, 2010. 4.Adopt resolution amending the City of Saratoga’s Conflict of Interest Code. Recommended action: Accept report and adopt attached Resolution. 5.Adopt Zoning Ordinance Amendment to Article 11-15 to prohibit smoking in City of Saratoga Parks Recommended action: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Smoking in City of Saratoga Parks. 6.FY 2010 – 2011 CDBG County/City Contract Recommended action: Adopt a Resolution authorizing the City Manager to execute a $485,874.22 contract with Santa Clara County for the FY 2010-2011 CDBG Program. 7.Release of Deferred Improvement Agreement Recommended action: Move to adopt the Resolution of Satisfaction and Release of Deferred Improvement Agreement between the City of Saratoga and Dr. Gregory T. Fox and Sisters of Notre Dame De Namur, California Province, Incorporated. 8.Proposition 116 Certification Recommended action: Move to adopt the Resolution certifying that no additional state funding shall be requested associated with hazardous waste removal as part of construction of the Highway 9 Safety Improvement Project, Phase III. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS MayorKathleen King ABAG Hakone Foundation Executive Committee West ValleyFlood Control Zone & Watershed Advisory Committee SCC CitiesAssociation Selection Committee West Valley Mayorsand Managers Association Vice MayorJill Hunter Hakone Foundation Board Historical Foundation Library Joint Powers Association VillageAdHoc Susie’s Garden Adhoc Tree Adhoc Councilmember Howard Miller City School Ad-Hoc Council Finance Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc KSAR Santa Clara County Cities Association Board West Valley Solid Waste Joint Powers Authority West Valley Transportation Authority PAC Councilmember Chuck Page City School Ad-Hoc Council FinanceCommittee Santa ClaraValley Water District Commission Saratoga MinisterialAssociation West Valley SanitationDistrict Councilmember Manny Cappello Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc Santa Clara County Emergency Council SASCC Sister City Liaison Village Adhoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Debbie Bretschneider,Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted onSeptember 10, 2010,at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us th Signed this 10 day of September 2010 at Saratoga, California. Debbie Bretschneider Deputy City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2010 9/1 Regular Meeting –Joint Meeting with Historical Foundation & Heritage Preservation Comm. 9/15 Regular Meeting –Joint meeting with Assemblymember Jim Beall 10/6 Regular Meeting –Joint meeting with West Valley Board of Trustees 10/20 Regular Meeting –Joint Meeting with Traffic Safety Commission 11/3 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/17 Regular Meeting - Joint Meeting with Hakone Foundation 11/30 Council Reorganization 12/1 Regular Meeting - Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/15 Regular Meeting - NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: September 15, 2010 DEPARTMENT: CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY: DIRECTOR: Crystal MorrowBarbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Recognition of MOVE-IT Saratoga Participants RECOMMENDED ACTION: Recognize MOVE-IT Saratoga participants and present them with certificates of completion. BACKGROUND: This summer, the Parks and Recreation Commission challenged the community to exercise and take advantage of City parks and trails through the MOVE-IT Saratoga program. The Commission asked the public to either walk/run a marathon (26 miles) or bike a century (100 miles) in Saratoga between Memorial Day and Labor Day. A total of 34 people signed up for the challenge. The Commission presented plans for MOVE-IT Saratoga to the Council during its joint meeting with the Council in February. MOVE-IT Saratoga is part of the Commission’s effort to encourage a healthy lifestyle through Saratoga’s parks and recreation. Parks and Recreation Commission Vice Chair Denise Goldberg will be present at the September 15, 2010 to assist the City Council with presentation of the certificates of completion. FISCAL IMPACTS: There are no financial impacts to the City of Saratoga as a consequence of the MOVE-IT Saratoga program. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A Page 1of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A:MOVE-IT Saratoga Participants Page 2of 2 ÜÕñ¼Â£ÐÉÃÃª ïÞ»²Ý±²²±®Þ·µ»¿½»²¬«®§ îÝ·²¼§Ó½Ý±®³·½µÞ·µ»¿½»²¬«®§ íÖ¿¹¼»»°Þ¿´Þ·µ»¿½»²¬«®§ ìÔ´±§¼Ý¸¿Þ·µ»¿½»²¬«®§ ëÓ·½¸»´´»Ü»Ø»®¬±¹¸Þ·µ»¿½»²¬«®§ êÜ»¾±®¿¸Ó¿¬¸»±²Þ·µ»¿½»²¬«®§ú©¿´µ±®®«²¿³¿®¿¬¸±² éß´»¨¿Æ·»¹»´É¿´µ±®®«²¿³¿®¿¬¸±² èß®¿¬¸·Ì·®«ª«®É¿´µ±®®«²¿³¿®¿¬¸±² çÝ¸¿®«Ê·¶¿§É¿´µ±®®«²¿³¿®¿¬¸±² ïðÝ¸«½µÐ¿¹»É¿´µ±®®«²¿³¿®¿¬¸±² ïïÜ»²·»Ù±´¼¾»®¹É¿´µ±®®«²¿³¿®¿¬¸±² ïîÛ´·¦¿¾»¬¸É·´´·¿³±²É¿´µ±®®«²¿³¿®¿¬¸±² ïíÛ³·´§Ô±É¿´µ±®®«²¿³¿®¿¬¸±² ïìØ¿´»§Æ·»¹»´É¿´µ±®®«²¿³¿®¿¬¸±² ïëØ±©¿®¼Ó·´´»®É¿´µ±®®«²¿³¿®¿¬¸±² ïêÖ¿²·½»Ý¸¿²¹É¿´µ±®®«²¿³¿®¿¬¸±² ïéÕ¿¬¸´»»²Õ×²¹É¿´µ±®®«²¿³¿®¿¬¸±² ïèÔ±®·Æ·²µÉ¿´µ±®®«²¿³¿®¿¬¸±² ïçÓ¿²²§Ý¿°°»´´±É¿´µ±®®«²¿³¿®¿¬¸±² îðÓ¿®¬·²Ù±´¼¾»®¹É¿´µ±®®«²¿³¿®¿¬¸±² îïÓ·½¸¿»´Ì¿§´±®É¿´µ±®®«²¿³¿®¿¬¸±² îîÓ·µ»Æ·»¹»´É¿´µ±®®«²¿³¿®¿¬¸±² îíÍ¿®¿¸Ñµ«²±É¿´µ±®®«²¿³¿®¿¬¸±² îìÍ¸»º¿´·Ê·¶¿§É¿´µ±®®«²¿³¿®¿¬¸±² îëÍ¬¿½»§Í¦»²¼¿É¿´µ±®®«²¿³¿®¿¬¸±² îêÍ¬»°¸»²ÌòÔ·²É¿´µ±®®«²¿³¿®¿¬¸±² îéÍ«»É¿´µ±®®«²¿³¿®¿¬¸±² îèÍ«»Ú·¬¦°¿¬®·½µÉ¿´µ±®®«²¿³¿®¿¬¸±² îçÍ«»Æ·»¹»´É¿´µ±®®«²¿³¿®¿¬¸±² íðÌ¸»±¼±®»Ý´¿¾»¿«¨É¿´µ±®®«²¿³¿®¿¬¸±² íïÊ·¶¿§Þ¿´¿«¾®¿³¿²·¿²É¿´µ±®®«²¿³¿®¿¬¸±² íîÊ·¸¿´Ù±»´É¿´µ±®®«²¿³¿®¿¬¸±² ííÊ·¬¿Þ®«²±É¿´µ±®®«²¿³¿®¿¬¸±² SARATOGA CITY COUNCIL MEETING DATE:September 15, 2010AGENDA ITEM: DEPARTMENT:Finance & Administrative CITY MANAGER: Dave Anderson PREPARED BY:Melanie WhittakerDEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: July 15, 2010 July 23, 2010 August 05, 2010 August 13, 2010 August 16, 2010 August 19, 2010 + August 31, 2010 September 01, 2010 REPORT SUMMARY: Attached are the Check Registers for: Prior Check Register Starting Ending Check Ending Total Checks DateCheck No. Type of ChecksDateNo.Check No.ChecksAmountReleased Accounts Payable 07/15/1011561211567260154,192.4707/15/1007/08/10115611 Accounts Payable 07/23/101156731157699699,573.7707/23/1007/15/10115672 Accounts Payable 08/05/1011577011586494449,666.2408/05/1007/23/10115769 Accounts Payable 08/13/101158651158932824,839.2108/13/1008/05/10115864 Accounts Payable08/16/1011589411589521,347.2408/16/1008/13/10115893 Accounts Payable08/19/1011589611598589484,302.8208/19/1008/16/10115895 Accounts Payable08/31/101159861160324677,238.2708/31/1008/19/10115985 Accounts Payable09/01/101160331160683534,828.6809/02/1008/31/10116032 The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the AP DateCheck No. Issued toFundDept.PurposeAmount Adminstrative 07/23/10115694ECS Imaging IncInformation TechnologyAnnual Fee FY 2 0,377.48 Non - Dept 08/05/10115791ABAG PlanLiability / Risk MgmtAnnual Liability & 2 74,484.20 Administrative 08/05/10115863Zag TechnicalInformation TechnologyVoip System Install 3 4,476.12 08/19/10115899Shute MihalyVariousVariousMonthly Legal Services 2 8,025.31 Non - Dept 08/19/10115908ABAG PlanLiability / Risk Mgmt General Liability FY 2 31,831.00 Non - Dept 08/19/10115921Comp Shared Risk Workers CompGeneral Liability FY 4 2,653.20 Non - Dept 08/19/10115959SASCCGeneralSASCC Grant 3 0,000.00 Parks 08/19/10115979Campbell Union GeneralField Rental FY 10/11 3 1,920.00 The following are Accounts Payable checks that were voided : AP DateCheck No.Issued toDescriptionAmount 07/15/10115628Iveta HarvancikVoid - Reissue(65.00) 07/15/10115651AT&TVoid - Reissue(6.87) 07/15/10115652Ace Fire EquipVoid - Reissue(73.74) 07/15/10115658Event ServicesVoid - Reissue (152.95) 07/15/10115659Iveta HarvancikVoid - Reissue(64.00) 07/23/10115761County of SCVoid - Reissue (120.00) 08/05/10115791ABAG PlanVoid - Reissue(274,484.20) 08/05/10115807David SilversteinVoid - Reissue (129.00) 08/05/10115820Jerry WireVoid - Reissue (114.00) 08/19/10115896AT&TVoid - Reissue(43.77) 08/19/10115897PG&EVoid - Reissue(15,728.12) The following is a list of cash reduction by fund: Fund #AP 07/15AP 07/23AP 08/05AP 08/13AP 08/16AP 08/19AP 08/31AP 09/01Tota1 Fund Description 111General116,299.99520,900.49 94,571.01 6 3,726.80 11,723.27 1,347.24 162,896.92 38,274.37 32,060.89 231Village Lighting1,167.506,679.57 5,512.07 232Azule Lighting470.33 470.33 233Sarahills Lighting500.07 500.07 241Arroyo de Saratoga Landscape170.00 85.00 85.00 242Bonnet Way Landscape270.00 135.00 135.00 243Carnelian Glen449.97 135.00 1 79.97 135.00 244Cunningham/Glasgow Landscape344.45 150.00 4 4.45 150.00 245Fredericksburg Landscape264.00 132.00 132.00 246Greenbriar Landscape1,057.44 406.00 406.00 245.44 247Kerwin Ranch Landscape1,237.70 311.00 6 15.70 311.00 248Leutar Court Landscape265.62 85.00 85.00 95.62 249Manor Drive Landscape 513.101,244.51 223.41 160.00 348.00 251McCartysville Landscape478.92 180.00 82.26 36.66 180.00 252Prides Crossing Landscape965.07 448.00 69.07 448.00 253Saratoga Legends Landscape733.55 158.00 4 17.55 158.00 254Sunland Park Landscape755.26 203.00 3 49.26 203.00 255Tricia Woods Landscape119.67 45.00 1 1.34 18.33 45.00 271Beauchamps Landscape513.54 85.00 2 40.81 102.73 85.00 272Bellgrove Landscape 385.007,132.42 3,403.50 325.00 1,420.92 1,598.00 273Gateway Landscape415.17 203.00 9.17 203.00 274Horseshoe Landscape/Lighting1,043.77 320.00 4 19.93 285.80 18.04 275Quito Lighting2,590.72 165.00 2,177.91 165.00 82.81 276Tollgate LLD417.80 116.15 126.65 90.00 85.00 277Village Commercial Landscape 268.20977.64 7 09.44 411CIP Street Projects (11.09)39,078.74 22,736.00 4 ,750.91 5,896.20 5,706.72 412CIP Parks Projects2,450.003,876.74 642.08 784.66 413CIP Facility Projects3,879.00 2,469.00 1,410.00 414CIP Admin Projects34,476.1234,476.12 431Grant Fund - CIP Streets9,395.4033,958.59 14,958.90 9,604.29 432Grant Fund - Parks & Trails3,853.53 1,302.93 2,550.60 611Liability/Risk Mgt231,831.00463,970.43 283.43 231,856.00 612Workers' Comp42,653.2086,053.27 43,400.07 621Office Stores Fund1,166.395,013.27 380.74 30.69 1,977.45 1,458.00 622Information Technology6,573.1345,438.20 3,758.50 2 6,484.16 41.25 1,715.76 6,661.50 203.90 623Vehicle & Equipment Maint 663.746,965.54 1,121.35 1 ,478.37 727.48 2,677.58 297.02 624Building Maintenance1,834.5636,723.19 722.67 1 45.08 5,151.81 27,570.89 1,298.18 632IT Equipment Replacement9,620.76 8,670.81 503.62 446.33 712KSAR Trust Fund3,083.64 3,083.64 TOTAL449,666.241,325,988.70 154,192.47 9 9,573.77 24,839.21 1,347.24 484,302.82 77,238.27 34,828.68 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: September 15, 2010 DEPARTMENT: CITY MANAGER: Finance & Administrative Services Dave Anderson PREPARED BY:DEPT HEAD: Ann Xu, AccountantMary Furey SUBJECT: Treasurer’s Report for the Month Ended June 30, 2010 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended June 30, 2010. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004 . Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from st the State Treasurer’s Office of Quarterly LAIF rates from the 1 Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of June 30, 2010, the City had $202,898 in cash deposit at Comerica bank, and $15,727,069 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of June 30, 2010 is $15,929,967 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank202,898$ Deposit with LAIF15,727,069$ Total Unrestricted Cash15,929,967$ The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash$ 15,929,967 Plus: Assets884,326 Less: Liabilities (1,762,726) Ending Fund Balance$ 15,051,567 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Increase/ Fund Balance (Decrease) Current Current Balance Fund Description7/1/09 Jul-May Revenue Expenditure Transfers 6/30/10 General Undesignated Unreserved Balance857,524 1,623,808 1,839,558 714,743 -1,356,518 Reserved Fund Balance: Petty Cash Reserve 1,300 1,300 - - - - Designated Fund Balances: - - Designated for Operations 2,870,140 - - - -2,870,140 Designated Economic Uncertainty 1,500,000 - - - -1,500,000 Designated for Development 707,380 632,380 - - -(75,000) Designated for Environmental 613,182 563,182 - - -(50,000) Designated for Uncollected Deposits 182,159 - - - -182,159 Designated for Mid Pen Open Space 250,000 - - -(250,000) - Designated for Hillside Reserve 300,000 - - - -300,000 Designated for CIP Matching Grant 600,000 - - - -600,000 Designated for CIP Transfer 300,000 - - -(300,000) - Designated for Economic Stability 25,000 - - -(25,000) - Designated for Carryforward 22,000 - - -(22,000) - Special Revenue Landscape/Lighting Districts 359,917 137,820 35,041 (22,307) -440,391 CDBG Federal Grants 28,298- 52,655 80,953 - - SHARP Loan 209,175 192 666 - -210,034 Capital Project Street Projects 424,244 102,889 1,926,230 (78,815) -2,168,770 Park and Trail Projects 20,892 53,228 542,045 144,172 -653,882 Facility Improvement Projects 953,833 19,528 3,724 (453,112) -516,527 Administrative Projects 163,910 63,887 8,887 5,864 -224,773 Tree Fine Fund (43,789) 2,169 62,943 - -16,985 CIP Grant Fund - Street Repair (81,463) 27,579 37,867 (44,638) -(136,390) CIP Grant Fund - Park & Trail (119,015) 86,727 -13,725 -(46,013) Gas Tax Fund62,495 92,251 124,723 - -279,470 Debt Service Library Bond 931,361 439,000 892,593 (477,768) - Internal Service Fund Liability/Risk Management 202,872 3,269 (22,109) 16,312 -244,562 Workers Compensation 123,034 664 1,479 76,373 -198,592 Office Stores Fund 39,633 765 5,070 (8,497) -26,830 Information Technology Services 174,838 75,229 -36,127 -213,940 Equipment Maintenance 56,654 24,103 -26,499 -54,258 Building Maintenance 208,842 100,557- 94,285 -202,570 Equipment Replacement 153,214 83,015 - - -236,229 Technology Replacement 315,290 (51,120) -77,485 -186,685 Trust/Agency Library Fund 354,394 714 1,352 (2,397) -351,360 KSAR - Community Access TV 84,603 18,478 6,762 - -109,842 Total City14,953,490 298,827 2,925,746 2,404,499 15,051,567(722,000) ATTACHMENT B FUND BALANCES BY CIP PROJECT Fund Increase/ Fund Balance (Decrease) Current Current Balance CIP Funds/Projects7/1/09 Jul-May Revenue Expenditure Transfers 6/30/10 Street Projects Traffic Safety 90,472 48,705 6,331 167,607 34,761 Highway 9 Safety Project 45,129 1,155 1,277 5,000 50,008 Annual Street Resurfacing Project 233,602 27,132 529,434 67,518 255,447 Sidewalks Annual Project 18,935 78,450 -10,293 87,092 Saratoga Sunnyvale Road Resurfacing 64,972 34,040 - - 99,011 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - 100,000 - - Quito Road Bridge Replacement Design 9,730 - - - 9,730 Quito Road Bridge Construction 115,726 - 214,470 - 98,744 Village Newsrack Enclosure 23,307 (22,969) 339 - - Village Façade Program 18,815 (2,837) -15,000 978 Solar Power Radar Feedback Signs 24,158 - - - 24,158 El Quito Area Curb Replacement 37,553 - - - 37,553 Sobey Road Culvert Repair 150,000 (100,000) - - 50,000 Annual Storm Drain Upgrade 53,637246 - - 53,883 Village Trees & Lights at Sidestreets 25,336 - - - 25,336 Village Pedestrian Enhancement 9,128 6,636 -15,764 - Prospect Road Median 151,036 (99,373) - - 51,663 City Entrance Sign/Monument 23,788 - - - 23,788 Village-Streetscape Impv 517,188 26,754 549,952 43,755 15,764 Saratoga-Sunnyvale/Gateway Sidewalk 4,107 (585) 585 - 4,107 Comer Drive Retaining Wall 173,003 (173,003) - - - Total Street Projects1,926,230 (78,815) 102,889 2,168,770- 424,244 Parks & Trails Hakone Garden Koi Pond 49,150 (23) -33,527 15,600 EL Quito Park Improvements 43,905 (15,042) 1,291 - 27,571 Wildwood Park - Water Feature/Seating 275 (275) - - - Historical Park Landscape 33,890 19,222 2,524 - 50,588 Hakone Garden Retaining Wall & D/W 142,829 - 142,829 - - Hakone Garden Upper Moon House 125,000 - 125,000 - - Kevin Moran Improvements 69,082 (69,082) - - - West Valley Soccer Field (29,176) 20,975 - - (8,201) Park/Trail Repairs 7,748 (4,878) 20,892 - 23,762 Trail Segment #3 Repair 7,912 (7,912) - - - Teerlink Ranch Trail 14,850 (14,850) - - - Tank Trail Repair 60,695 (33,964) - - 26,731 Mid Pen O/S Land Purchase 250,000- - 250,000 - CIP Allocation Fund 15,885 - -15,885 - Total Parks & Trails542,045 53,228 653,882- 144,172 20,892 Facility Improvements Warner Hutton House Improvements 812 (812) - - - Facility Projects 108,643 (56,555) (25,254) 88,644 11,302 Civic Center Improvement 4,294 (3,801) 475 - 19 CDD/Engineering - Carpet - - - - - Theater Improvement 68,518 2,956 - - 71,474 Adult Care Wash Station 25,000- (25,000) - - Corp Yard - Men's Restroom 1,829 (1,829) - - - Book-Go-Round Bldg Paint 11,371 1,740 (1,740) 11,371 - North Campus Improvements 43,960 (40,253) 213 - 3,920 North Campus - Bldg Removal 73,250 (73,037) 213 - - Civic Hall Sewer Pump Rep - - - - - Portable Carpeting - - - - - HVAC System Upgrade 117,949- - 117,949 - Multi-Purpose Room Fund (250,000) 250,000 - - - Kitchen Improvement - - - - - SPCC Furniture & Fixtures - 1,670 - 1,670 - Friend Hall HVAC Fencing (1,420)- 1,420 - - Corp Yard Solar Project 93,250 (125,000) 125,000 - 93,250 Vehicle Structure Solar - - 125,000 - 125,000 Library HVAC Upgrade 276,143 (276,143) - - - Library - EXT Improvement 10,000 5,000 - - 15,000 Museum ADA Ramp - CDBG (26,906)- 13,487 (8,730) 31,663 McWilliams House Improvement 10,000 - - - 10,000 Historical Park Fire Alarm System 1,762 1,762 - - - Total Facility Improvements953,832 (453,112) 19,528 3,724 516,527- Administrative Projects Financial System Upgrade 3,534 - - - 3,534 Document Imaging Project 86,780 (1,597) - - 85,183 CDD Document Imaging Project 36,635 (4,646) 8,887 - 40,876 Website Development Project 30,959 (28,074) 2,885 - - Telecommunication System - - 55,000 - 55,000 IT Emergency Power Back 10,000- 30,180 - 40,180 IT Server Room A/C 30,180- (30,180) - - KSAR Equip Upgrades 6,002 6,002 - - - Total Administrative Projects163,910 5,864 8,887 224,773- 63,887 Tree Fine Fund Tree Fine Fund 62,943 (43,789) 2,169 - 16,985 CIP Fund - Street Repair CIP Grant Fund (81,463) (44,638) 37,867 (136,390) 27,579 CIP Fund - Park & Trail CIP Grant Fund (119,015) 86,727 (46,013) -13,725 Gax Fund Gas Tax Fund 62,495 92,251 - 279,470 124,723 Total CIP Funds (258,870) 222,488 3,678,003- 3,510,977 648,382 ATTACHMENT C SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: September 15, 2010 DEPARTMENT: CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY: DIRECTOR: Ann Sullivan City Clerk Adopt resolution amending the City of Saratoga’s Conflict of Interest Code. SUBJECT: RECOMMENDED ACTION: Accept report and adopt attached Resolution. BACKGROUND: The Political Reform Act requires each City and other local agencies to adopt a Conflict of Interest Code (Code) and to periodically review and update the Code. The purpose of the Code and financial disclosure pursuant to the Code is to alert public officials to personal interests that might be affected while they are performing their official duties by making governmental decisions. Disclosure also helps inform the public about potential conflicts of interest. The City's existing Code was adopted in 2004 and the Designated Employees List attached to the Code was last amended in October 2008. As part of the required periodic review, the City Manager and City Attorney have reviewed the City’s “Designated Employees List” (employees subject to the provisions of the Code), which is attached as an appendix to the Code, and recommend that it be updated. The review of the Code consisted of two components: 1) whether any additional staff should be designated in the Code based upon their participation in the making of governmental decisions, and 2) the level of disclosure that should be required. Proposed modifications to the current list would include: Adding the Information Technology Administrator for disclosure in all disclosure categories The attached resolution would amend the City's Code by requiring the IT Administrator to annually file a Form 700 – Statement of Economic Interest. The IT Administrator is playing an increasing role in City management decisions and makes recommendations regarding acquisition of information technology goods and services. Page 1of 2 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's conflict of interest code would not be updated to reflect current City practices. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Forward resolution to affected City staff. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet madeavailable on the City’s web site in advance of the meeting. A copy of the agenda packet is alsomade available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: Attachment A – Proposed Resolution Attachment B– 2004 Conflict of Interest Code Page 2of 2 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE LIST OF DESIGNATED EMPLOYEESIN THECITY’S CONFLICT OF INTEREST CODE WHEREAS , the Fair Political Practices Commission (“FPPC”) requires periodic review of the Conflict of Interest Code; and WHEREAS, the City adopted its Conflict of Interest Code by Resolution 04-103, adopted December 15, 2004 and has periodically updated the list of “Designated Positions” in Exhibit B to that resolution. WHEREAS , the City has reviewed the Code and determined that the position of Information Technology Administrator be added to the list of designated positions in the Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby amend the Conflict of Interest Code to replace Exhibit “B” with the document attached hereto as Exhibit “A” in order to add one staff position. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of September 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ Kathleen M. King, Mayor ATTEST: _______________________________ Date: Ann Sullivan, City Clerk City of Saratoga Conflict of Interest Code EXHIBIT A DESIGNATED POSITIONSDISCLOSURE CATEGORY City Manager's Office A through F Assistant City Manager City Clerk Human Resources Manager Public Works Department A through F Public Works Director Public Works Manager – Parks Public Works Manager – Streets and Fleet Senior Civil Engineer Community Development Department A through F Community Development Director Building Official Senior Planner Recreation Department A through F Recreation Director Administrative Services Department A through F Administrative Services Director Information Technology Administrator Citizen Commissions, Committees A through F and Boards Heritage Preservation, Library, Parks and Recreation, Planning, Traffic Safety, Youth Hakone Foundation Board of Directors A through F (only those investments, business positions, and sources of income of the type which engage in business with the Hakone Foundation; and interests in real property within a two-mile radius of any property owned or used by the Hakone Foundation) Consultants City Geotechnical Consultant A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) City Surveyor A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) Other Consultants* *Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall by retained for public inspection in the same manner and location as this Conflict of Interest Code. KEY TO DISCLOSURE CATEGORIES Category A-1: Investments less than 10% ownership Category A-2: Investments greater than 10% ownership Category B: Real Property Category C: Income and Business Positions Category D: Income - Loans Category E: Income - Gifts Category F: Travel Payments RESOLUTION NO. 04-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 02-066 BY ADDING TO THE LIST OF DESIGNATED EMPLOYEES AND THE HAKONE BOARD IN THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, Resolution 0-011 adopted the City of Saratoga’s Conflict of Interest Code and Resolution 02-066 amended said resolution by adding the City’s Commission and various staff positions; and WHEREAS , the Fair Political Practices Commission (“FPPC”) requires periodic review of the Conflict of Interest Code; and WHEREAS , the City has reviewed the code and determined that several additional positions and the Hakone Board should be added to the list of designated potions therein. NOW, THEREFORE BE IT RESOLVED , that the City Council of the City of Saratoga does hereby amend Resolution 02-066 to replace Exhibit “B” thereto with the document attached hereto as Exhibit “A” in order to add staff positions of Building Official and City Planners and the Hakone Board to the list of Designated Positions in the Conflict of Interest Code. The above and foregoing resolution was passed and adopted at a regular meeting of the th Saratoga City Council held on the 15 day of December 2004 by the following vote: AYES: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None /s/ Kathleen King, Mayor ATTEST: /s/ Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: September 15, 2010 DEPARTMENT: CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John Livingstone, AICP John Livingstone, AICP SUBJECT:Adopt Zoning Ordinance Amendment toArticle 11-15 to prohibit smoking in City of Saratoga Parks RECOMMENDED ACTION: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Smoking in City of Saratoga Parks. REPORT SUMMARY: On September 1, 2010, the City Council conducted a public hearingand introduced and approved the ordinance and directed staff to place the matter on the consent calendar at the next Council meeting. The proposed ordinance is attached. DISSCUSSION: The Public Health Institute has prepared a model ordinance restricting smoking and use of smokeless tobacco products in recreationareas for use by jurisdictions that wish to prohibit smoking in parks or portions of parks that are not covered by the State law or that wish to also prohibit smokeless tobacco products. The proposed ordinanceis based on the Public Health Institute model and would prohibit smoking and use of tobacco products in all City parks. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). FISCAL IMPACTS: Preparation of the staff report and ordinance is partially funded through the advance planning fund. Signs may need to be placed in the parks prohibiting smoking. The Public Works Department has funding available for signs already in their budget. 1 ALTERNATIVES: Provide staff with alternative direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Smoking in public parks would be allowed to the extent consistent with State law. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: Proposed Ordinance 2 AN ORDINANCE OF THE CITYOF SARATOGA ADOPTINGARTICLE 11-15 OF THE CITY OF SARATOGA MUNICIPAL CODE TO REGULATE SMOKING AND TOBACCO PRODUCT USEIN CITY PARKS The City Council of the City of the City of Saratoga does ordain as follows: SECTION 1. FINDINGS. WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: Tobacco-related illness is the leading cause of preventable death in the United States, accounting for about 443,000 deaths each year; and Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth; and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke; and The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure; and The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm; and WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following: Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in the United States; and Exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent; and Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 18 months each year; and exacerbates childhood asthma; and WHEREAS, smokeless tobacco is not a safe alternative to smoking and also causes death and disease, as evidenced by the following: Smokeless tobacco use causes leukoplakia, a disease causing white patches to form in the user’s mouth that can become cancerous; smokeless tobacco products are known to cause lung, larynx, esophageal, and oral cancer; and the regular use of snuff 1 doubles the user’s risk of cardiovascular disease and death; and Prolonged use of snus, a form of smokeless tobacco, contributes to high blood pressure, a factor of cardiovascular disease, and to a higher likelihood of suffering a fatal stroke;and WHEREAS, the U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found they contained carcinogens and toxic chemicals to which users and bystanders could potentially be exposed; and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: The total annual economic burden of smoking in the United States is $193 billion; and The total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following: Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers; and Irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette; and To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two lane road; and WHEREAS, cigarette butts pose a health threat to young children, as evidenced by the following: In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products; and Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and gagging; and WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: 2 It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year; and Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose; and In just three hours, 340,000 cigarette butts were collected from California beaches during the 2008 Coastal Cleanup Day, making cigarette butts the most common type of trash found 24 years in a row; and Cigarette filters have been found in the stomachs of birds, fish, whales, and other marine creatures that have mistaken the filters for food, causing the animals to ingest harmful plastic and toxic chemicals; and Los Angeles County recorded a 40% decrease in cigarette butts after banning smoking on beaches in three cities; and WHEREAS, creating smokefree areas helps protect the health of the 86.7% of Californians who are nonsmokers; and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions; and WHEREAS, there is no Constitutional right to smoke; NOW THEREFORE, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they play, exercise, and relax; by protecting the environment from tobacco-related litter; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in and around the City parks. SECTION 2. Article 11-15 of the Municipal Code is hereby adopted to read as follows: ARTICLE 11-15 Tobacco Free Recreation Areas Sec. 11-15.10 DEFINITIONS. The following words and phrases, whenever used in this article shall have the meanings defined in this section unless the context clearly requires otherwise: (a) “Parking Area” means a parking lot or any other area designated or primarily used for parking vehicles of Persons accessing a Recreational Area. (b) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity except theCity of Saratoga. 3 (c) “Recreational Area” means any outdoor area,that is publicly owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes, but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, and skateboard parks. (d) “Smoke” means the gases,particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “Smoke” includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke. (e) “Smoking” means engaging in an act that generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind. (f) “Tobacco Product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. Sec. 11-15.20 SMOKING AND TOBACCO PRODUCT USEPROHIBITED (a) Smoking or using a Tobacco Product is prohibited anywhere in a Recreational Area or in any Parking Area. (b) Nothing in this article shall be construed to prohibit Smoking or Tobacco Product use in any area in which such Smoking or Tobacco Product use is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. Sec. 11-15.30 OTHER REQUIREMENTS AND PROHIBITIONS (a) No ash can, ashtray, or other Smoking waste receptacle shall be placed in any area in which Smoking is prohibited by this article. (b) No Person shall knowingly permit Smoking or the use of Tobacco Products in an area 4 under the Person’s legal or de facto control in which Smoking or the use of Tobacco Products is prohibited by this article or other provisions of this Code, unless otherwise required by state or federal law. (c) No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking or Tobacco Product use is prohibited by this article. (d) “No Use of Tobacco Products” or “Tobacco-Free”signs shall be posted in a quantity and manner reasonably likely to inform individuals occupying the Recreational Area and Parking Area that Tobacco Product use is prohibited within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). (e) The presence of Smoking waste receptacles in violation of subsection (a) above and the absence of signs required by subsection (d) above shall not be a defense to a violation of any provision of this article. (f) No Person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this article. (g) Each instance of Smoking or Tobacco Product use in violation of this articleshall constitute a separate violation. For violations other than Smoking, each day of a continuing violation of this articleshall constitute a separate violation. Sec. 11-15.40 PENALTIES AND ENFORCEMENT (a) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.Enforcement of this article shall be the responsibility of the City. In addition, any peace officer or any enforcement officer designated by the City Manager also may enforce this article. (b) Violations of this article are subject to criminal enforcement as aninfraction brought by the City of Saratoga, punishable in accordance with Article 3-05 of this Code. (c) Violations of this article are subject to civil action or administrative citation brought by the City of Saratoga in accordance with Articles 3-10 and 3-30 of this Code, as applicable. (d) Causing, permitting, aiding, abetting or concealing a violation of any provision of this article shall also constitute a violation of the article. (e) Except as otherwise provided, enforcement of this article is at the sole discretion of the City of Saratoga. Nothing in this article shall create a right of action in any person against the City of Saratoga or its agents to compel public enforcement of this article against any party. Section 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. 5 Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. SEVERANCE CLAUSE. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5.PUBLICATION. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and first reading waived at the regular meeting of the City Council of the City of Saratoga held on September 1, 2010, and was adopted by the following vote following a second reading on September 15, 2010: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: SIGNED: __________ Ann Sullivan, Kathleen M. King, CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF SARATOGA Date: APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 6 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: September 15, 2010 DEPARTMENT:CITY MANAGER: Community Development Dave Anderson PREPARED BY: DIRECTOR: Cynthia McCormick, AICP John Livingstone AICP, Director SUBJECT: FY 2010 – 2011 CDBG County/City Contract RECOMMENDED ACTION: Adopt a Resolution authorizing the City Manager to execute a $485,874.22contract with Santa Clara County for the FY 2010-2011 CDBG Program. REPORT SUMMARY: The Community Development Block Grant (CDBG) Program is federally funded by the United States Department of Housing and Urban Development (HUD) to assist lower income and special needs persons with housing and community development needs. The City of Saratoga is not eligible to apply directly for entitlement funds, but may, qualify to receive such funds, as an “Urban County” applicant, by entering into a Joint Exercise of Powers Agreement and 1 Cooperation Agreement (JPA) with the County. The County requests that cities receiving funds through the Urban County Program enter into a contract regarding the receipt and expenditure of funds. While the fiscal year begins in July, there is always a delay in receiving the new Contract from the County. The County has indicated that there is no change in this contract from the prior year. The contract has been reviewed by the City Attorney. The availability of FY 2010-2011 CDBG funds was publicized during the month of January 2 2009.Tenapplicationsand two compulsory administrative submissions were received during the application cycle. On March 17, 2010, the City Council authorized the submittal of five FY 2010-2011 CDBG funded projects totaling $145,616. The term of expenditure by the City is from July 1, 2010 to June 30, 2011. The FY 2010-2011 CDBG Funds are currently allocated as follows: 1 The current JPA expires on September 30, 2011. 2 Eight community serviceprojects were funded through the General Plan contingency fund. Page 1of 3 New CDBG 2010-2011Funded Projects Saratoga Area Senior Coordinating Council -Adult Day Care Program$28,550.00 City of Saratoga ADA –Accessible Signal Program Phase IV$44,266.00 Hakone FoundationADA–Handicap access and doors$44,800.00 Urban County Rehabilitation Services (City of Saratoga)$13,000.00 General Administration (City of Saratoga)$15,000.00 Subtotal $145,616.00 Carry-Over (Unused Funds) Projects from Prior Years SHARP Revolving Housing Rehabilitation Program (2004)$77,020.77 SHARP Revolving Housing Rehabilitation Program (2005)$41,152.00 ADA-Saratoga-Sunnyvale Road Curb Ramp Phase I$63,698.00 ADA–Accessible Signal Program Phase I$26,016.22 City of Saratoga ADA –Accessible Signal Program Phase II$46,100.00 City of Saratoga ADA –Accessible Signal Program Phase III$19,661.00 City of Saratoga ADA –Access Ramp Historical Museum, Phase II$11,683.23 ADA-Saratoga-Sunnyvale Road Curb Ramp Phase II$41,927.00 Urban County Rehabilitation Services (City of Saratoga)$13,000.00 Subtotal $340,258.22 TOTAL CDBG 2010-2011funded projects$485,874.22 FISCALIMPACTS: If the City signs the County/City CDBG Contract, then the City becomes eligible to receive the allocation of $145,616in FY 2010-2011 CDBG funds. In addition, the City will have access to unexpended funds in the amount of $340,258.22from priorfiscal years for eligible CDBG activities. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City does not sign the County/City Contract, this would jeopardize the City’s receipt of FY 2010-2011 CDBG funds as well as carry-over CDBG funds. In addition, without the new CDBG funds, the City may have to fund previously approved CDBG activities with General Funds. ALTERNATIVE ACTION: Do not sign the County/City Contract FOLLOW UP ACTION: Forward three signed copies of the County/City contract to Santa Clara County. Page 2of 3 ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1.Resolution 2.FY 2010-2011 County/City Contract and Exhibits Page 3of 3 ATTACHMENT A RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY FOR FY 2010-2011 COMMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City is participating as a member of the County of Santa Clara (County) Community Development Block Grant Program (CDBG) Joint Powers Agreement; and WHEREAS, the County has agreed to the use by the City, as a sub-recipient, of a portion of the County’s CDBG Entitlement for a housing and community development program to be operated within the County and which shall benefit low and very low income households; and WHEREAS, on March 17, 2010 the City Council of the City of Saratoga approved the expenditure of $145,616.00 in new CDBG funds for fiscal year 2010-2011; and WHEREAS, the City Council has approved the expenditure of $340,252.22 in carry-over CDBG funds from prior years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby authorizes the City Manager to execute said CDBG County/City Contract in the total amount of $485,874.22 for fiscal year 2010-2011. th PASSED AND ADOPTED this 15 day of September 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: _______________________________________ Kathleen King,Mayor ATTEST: _____________________________________ Ann Sullivan, City Clerk Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-04-51 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :SHARP Revolving Housing Rehab Program AGENCY NAME and ADDRESS :County of Santa Clara Office of Affordable Housing 2310 North First Street, Suite 100, San Jose CA 95131 PROJECT ADDRESS :n/a EXECUTIVE DIRECTOR :n/a PHONEFAXE-MAIL : ________________ : ____ : _____________________________ CONTACTif other than Director (): Tracy Cunningham PHONEFAXE-MAIL : 408-441-4323:408-441-4333: tracy.cunningham@ceo.sccgov.org PROJECT DESCRIPTION :The Santa Clara County Housing Rehabilitation Program provides low interest home loans to low and fixed income Saratoga residents. The program promotes neighborhood stability by providing funds to help low or fixed income property owners make necessary improvements to their homes. Funds in this project have been allocated to augment the loan payments and paybacks for the housing rehabilitation loan fund. PERFORMANCE MEASUREMENTS Santa Clara County administers this program IMPLEMENTATION TIME SCHEDULE Santa Clara County administers this program BUDGET Total: $77,020.77 - Santa Clara County administers this program Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-05-51 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :SHARP Revolving Housing Rehab Program AGENCY NAME and ADDRESS :County of Santa Clara Office of Affordable Housing 2310 North First Street, Suite 100, San Jose CA 95131 PROJECT ADDRESS :n/a EXECUTIVE DIRECTOR :n/a PHONEFAXE-MAIL : ________________ : ____ : _____________________________ CONTACTif other than director (): Tracy Cunningham PHONEFAXE-MAIL :408-441-4323:408-441-4333: tracy.cunningham@ceo.sccgov.org PROJECT DESCRIPTION :This project covers the cost of cooperative rehabilitation services provided by the County to the City of Saratoga. These services include the bidding process, inspections, work write-ups, project management, change-orders and close-outs. PERFORMANCE MEASUREMENTS Santa Clara County administers this program IMPLEMENTATION TIME SCHEDULE Santa Clara County administers this program BUDGET Total: $41,152 - Santa Clara County administers this program Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-07-41 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA-Saratoga-Sunnyvale Road Curb Ramp (Phase I) AGENCY NAME /ADDRESS :City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :Saratoga-Sunnyvale Road, Saratoga CA 95070 EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other thandirector (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION :This project (Phase I) covers the cost of installing curb ramps and making other ADA upgrades to provide increased accessibility at intersection crosswalks and along Saratoga-Sunnyvale Road. This project will include asphalt concrete dikes to close various gaps on Saratoga-Sunnyvale Road. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT SERVED # TO BE TYPE PER QTR SERVED 1234 Install ADA curb ramps Improve ADA ADA curb ramps will at various locations accessibility at improve accessibility n/a along Saratoga-these locationsfor individuals at Sunnyvale Road these locations IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES: The City has begun installing the curb ramps and related ADA upgrades. Phase 1is expected to be complete in FY10/11. BUDGET $63,698 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-08-41 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA- City of Saratoga ADA-Accessible Signal Program Phase 1 AGENCY NAME /ADDRESS :City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :various EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other than director (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION :This project covers the cost of installing ADA audible signals for visually-impaired citizens. The following is a list of proposed locations for the new signals. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT SERVED # TO BE TYPE PER QTR SERVED Install ADA Reduce pedestrian-ADA audible signals n/an/an/a audible signals at vehicle conflicts will alert pedestrians various locations and crashes at who are visually throughout the signalized impaired when the walk Cityintersectionsinterval begins at these locations IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES: The City has begun installing the signals and related ADA upgrades. Phase 1is expected to be complete in FY10/11. BUDGET $26,016.22 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-09-41 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA- City of Saratoga ADA-Accessible Signal Program Phase 2 AGENCY NAME /ADDRESS :City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :various EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other than director (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION : This project covers the cost of installing ADA audible signals for visually-impaired citizens. The following is a list of proposed locations for the new signals. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT SERVED # TO BE TYPE PER QTR SERVED Install ADA Reduce pedestrian-ADA audible signals n/an/an/a audible signals at vehicle conflicts will alert pedestrians various locations and crashes at who are visually throughout the signalized impaired when the walk Cityintersectionsinterval begins at these locations IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES:The City has begun installing the signals and related ADA upgrades. Phase 2 is expected to be complete in FY10/11. BUDGET $46,100 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-10-41 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA- City of Saratoga ADA-Accessible Signal Program Phase 3 AGENCY NAME /ADDRESS :City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :various EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other than director (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION :This project covers the cost of installing ADA audible signals for visually-impaired citizens. The following is a list of proposed locations for the new signals. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT SERVED # TO BE TYPE PER QTR SERVED Install ADA Reduce pedestrian-ADA audiblesignals n/an/an/a audible signals at vehicle conflicts will alert pedestrians various locations and crashes at who are visually throughout the signalized impaired when the walk Cityintersectionsinterval begins at these locations IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES:The City has begun installing the signals and related ADA upgrades. Phase 3 is expected to be complete in FY10/11. BUDGET $19,661 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-10-42 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :City of Saratoga ADA –Access Ramp Historical Museum(Phase II) AGENCY NAME /ADDRESS :City of Saratoga Recreation Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :20450 Saratoga-Los Gatos Road, Saratoga CA 95070 EXECUTIVE DIRECTOR :Michael Taylor PHONEFAXE-MAIL :408-868-1250:408-868-1279:mtaylor@saraotga.ca.us CONTACTif other than director (): Thomas Scott PHONEFAXE-MAIL :408-868-1277:408-868-1279: tscott@saraotga.ca.us PROJECT DESCRIPTION :This project covers the cost of installing access ramps including two ADA transfer points and two standard ADA hand railings to provide increased accessibility at the Saratoga Historical Museum. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT # SERVED # TO BE TYPE PER QTR SERVED Install Improve ADA ADA upgrades n/an/an/a access accessibility will improve ramps for accessibility and other individuals for individuals ADAvisiting the at the Museum upgradesMuseum IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES: The City has begun installing the access ramp and related ADA upgrades. Phase II is expected to be complete in FY10/11. BUDGET $11,683.23 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-10-43 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA-Saratoga-Sunnyvale Road Curb Ramp (Phase II) AGENCY NAME /ADDRESS :City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :Saratoga-Sunnyvale Road, Saratoga CA 95070 EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other than director (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION :This project (Phase II) covers the cost of installing curb ramps and making other ADA upgrades to provide increased accessibility at intersection crosswalks and along Saratoga-Sunnyvale Road. This project will include asphalt concrete dikes to close various gaps on Saratoga-Sunnyvale Road. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT SERVED # TO BE TYPE PER QTR SERVED 1234 Install ADA curb ramps Improve ADA ADA curb ramps will at various locations accessibility at improve accessibility n/a along Saratoga-these locationsfor individuals at Sunnyvale Road these locations IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES: The City has begun installing the curb ramps and related ADA upgrades. Phase II is expected to be complete in FY10/11. BUDGET $41,927 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-10-53 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :Urban County Rehab Services AGENCY NAME and ADDRESS :County of Santa Clara Office of Affordable Housing 2310 North First Street, Suite 100, San Jose CA 95131 PROJECT ADDRESS :n/a EXECUTIVE DIRECTOR :n/a PHONEFAXE-MAIL : ________________ : ____ : _____________________________ CONTACTif other than director (): Tracy Cunningham PHONEFAXE-MAIL :408-441-4323:408-441-4333: tracy.cunningham@ceo.sccgov.org PROJECT DESCRIPTION :This project covers the cost of cooperative rehabilitation services provided by the County to the City of Saratoga. These services include the bidding process, inspections, work write-ups, project management, change-orders and close-outs. PERFORMANCE MEASUREMENTS Santa Clara County administers this program IMPLEMENTATION TIME SCHEDULE Santa Clara County administers this program BUDGET Total: $13,000 - Santa Clara County administers this program Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-11-31 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :Saratoga Area Senior Coordinating Council – Adult Day Care Program AGENCY NAME /ADDRESS :Saratoga Area Senior Coordinating Council 19655 Allendale Avenue, Saratoga CA 95070 PROJECT ADDRESS :19655 Allendale Avenue, Saratoga CA 95070 CONTACTPHONEE-MAIL :Susan Huff:408-868-1255: shuff@sascc.org PROJECT DESCRIPTION :This project coversthe cost of 2 full-time Program Assistants and 2 part-time Program Assistants to run the Saratoga Adult Center. Program Assistants help with planning, implementing, and evaluating the program which includes assisting program participants with activities such as walking and eating. PERFORMANCE MEASUREMENTS GOALOBJECTIVESOUTCOMETOTALUNIT SERVED # TO BE TYPE / QTR SERVED Help prevent or delay Provide mental Provide respite 50individuals40 institutionalization of & physical for caregivers (Some frail elderly, enable stimulation by and a higher individuals them to remain in providing quality of life to return each their homes for as opportunities the frail elderly quarter) long as possible, and for socializing at a lower cost to improve the quality of in a conducive both the family life for participants settingmembers and and caregivers.public agencies IMPLEMENTATION TIME SCHEDULE SPECIFIC Ongoing: Provide respite care, socialization, instruction, structured activities, ACTIVITIESnutritious meals and snacks, etc. BUDGET Total: $28,550 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-11-41 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA- City of Saratoga ADA-Accessible Signal Program Phase 4 AGENCY NAME /ADDRESS :City of Saratoga Public Works Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :various EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other than director (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION :This project covers the cost of installing ADA audible signals for visually-impaired citizens. The following is a list of proposed locations for the new signals. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT SERVED # TO BE TYPE PER QTR SERVED Install ADA Reduce pedestrian-ADA audiblesignals n/an/an/a audible signals at vehicle conflicts will alert pedestrians various locations and crashes at who are visually throughout the signalized impaired when the walk Cityintersectionsinterval begins at these locations IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES:The City has begun installing the signals and related ADA upgrades. Phase 4is expected to be complete in FY10/11. BUDGET $19,661 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-11-42 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :ADA – Hakone Gardens Lower House Doors AGENCY NAME /ADDRESS :Hakone Foundation 21000 Big Basin Way, Saratoga CA 95070 PROJECT ADDRESS :21000 Big Basin Way, Saratoga CA 95070 EXECUTIVE DIRECTOR :John Cherbone PHONEFAXE-MAIL :408-868-1241:408-868-1281:jcherbone@saraotga.ca.us CONTACTif other than director (): Kristin Borel PHONEFAXE-MAIL :408-868-1258:408-868-1281: kborel@saraotga.ca.us PROJECT DESCRIPTION :The project covers the cost to construct handicap ramp access to the building and to reconstruct a sliding door so that it meets ADA standards. PERFORMANCE MEASUREMENTS GOALOBJECTIVEOUTCOMETOTALUNIT # SERVED # TO BE TYPE PER QTR SERVED Install handicap Provide handicap A handicap rampn/an/an/a ramp access to access to over will improve the Hakone 50,000 annual accessibility for Gardens Lower visitorsindividuals at the House Hakone Gardens Lower House IMPLEMENTATION TIME SCHEDULE SPECIFIC ACTIVITIES:Construct a stone bridge handicap ramp access to the lower house building. Convert a wall into a sliding door for easy access. Work is expected to be complete in FY10/11. BUDGET $44,800 Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-11-53 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :Urban County Rehab Services AGENCY NAME and ADDRESS :County of Santa Clara Office of Affordable Housing 2310 North First Street, Suite 100, San Jose CA 95131 PROJECT ADDRESS :n/a EXECUTIVE DIRECTOR :n/a PHONEFAXE-MAIL : ________________ : ____ : _____________________________ CONTACTif other than director (): Tracy Cunningham PHONEFAXE-MAIL :408-441-4323:408-441-4333: tracy.cunningham@ceo.sccgov.org PROJECT DESCRIPTION :This project covers the cost of cooperative rehabilitation services provided by the County to the City of Saratoga. These services include the bidding process, inspections, work write-ups, project management, change-orders and close-outs. PERFORMANCE MEASUREMENTS Santa Clara County administers this program IMPLEMENTATION TIME SCHEDULE Santa Clara County administers this program BUDGET Total: $13,000 - Santa Clara County administers this program Exhibits A, B, C, D DATE :09/15/10 PROJECT #: SA-11-91 CATEGORY : Housing Public Service Non-Public Service PROJECT TITLE :General Administration AGENCY NAME /ADDRESS :City of Saratoga Community Development Department 13777 Fruitvale Avenue, Saratoga CA 95070 PROJECT ADDRESS :13777 Fruitvale Avenue, Saratoga CA 95070 EXECUTIVE DIRECTOR :John Livingstone PHONEFAXE-MAIL :408-868-1231:408-868-1255:jlivingstone@saraotga.ca.us CONTACTif other than director ():Cynthia McCormick PHONEFAXE-MAIL :408-868-1230:408-868-1255: cmccormick@saraotga.ca.us PROJECT DESCRIPTION :The project covers costs for time spent by City Staff who coordinates the Community Development Block Grant activities for the City of Saratoga. Administration activities include preparing all related reports, contracts and correspondence; managing the annual CDBG allocation disbursement process, monitoring the grantees, and acting as a liaison between the City and the County HCDA Program. PERFORMANCE MEASUREMENTS N/A IMPLEMENTATION TIME SCHEDULE Ongoing: Staff performs CDBG administrative duties including, but not limited to, project monitoring, report preparation, and attending meetings BUDGET Total: $15,000 SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: September 15, 2010 DEPARTMENT: CITY MANAGER: Public WorksDave Anderson PREPARED BY: DIRECTOR: Iveta HarvancikJohn Cherbone Senior Engineer Release of Deferred Improvement Agreement SUBJECT: _____________ RECOMMENDED ACTION: Move to adopt the Resolution of Satisfaction and Release ofDeferred Improvement Agreement between the City of Saratoga and Dr. Gregory T. Fox and Sisters of Notre Dame De Namur, California Province, Incorporated. REPORT SUMMARY: The City has been requested by the ownerof 16000 Cuvilly Court to release the Deferred Improvement Agreement(Agreement) recorded in 1978 as a condition of application SDR 1311. Per the Agreement the Owner agreed to improve Bohlman and Norton roads along the frontage of the property subject to application SDR 1311 and connect the property to sanitary sewer district. Staff has reviewed the Agreement and subsequent applications for the same property, specifically subdivision application for Tract 9330. All improvements required per the Agreementhave been completed as part of the subdivision application. The improvements have been accepted by the City in 2004 by Resolution No. 36-B-258. It is therefore recommended that the Council adopt the attached Resolution of Satisfaction and Release of the Deferred Improvement Agreement. FISCAL IMPACTS: There are no costs associated with releasing the Deferred Improvement Agreement. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Deferred Improvement Agreement would not be released at this time. Page 1of 2 ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Resolution of Satisfaction and Release shall be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution of Satisfaction and Releaseof Deferred Improvement Agreement 2. Deferred Improvement Agreement 3. Resolution No. 36-B-258 Page 2of 2 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OF SATISFACTION AND RELEASE OF DEFERRED IMPROVEMENTAGREEMENT WHEREAS, request has been made to release that certain document entitled “DEFERRED IMPROVEMENTAGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS” recorded June 21, 1978 in Book D 758, pages 308 through 313, document number 6053726; and WHEREAS, said Agreement was recorded between the City of Saratoga and Dr. Gregory T. Fox and Sisters of Notre Dame De Namur, California Province, Incorporated as part of the conditions of project identified as SDR 1311; WHEREAS, all improvements required per said Agreement have been completed and accepted by the City; NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: 1.The City of Saratoga acknowledges that theimprovements and all matters related thereto, described in the Deferred Improvement Agreement have been completed and accepted by the City. 2.The City relinquishes to the Dr. Gregory T. Fox and Sisters of Notre Dame De Namur, California Province, Incorporatedany and all interest of any type that they may have received by the Deferred Improvement Agreement. 3.The City Clerk is hereby authorized and directed to record this Resolution. Passed and adopted on the ______________, 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen King, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, City Clerk SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: September 15, 2010 DEPARTMENT: CITY MANAGER: Public WorksDave Anderson PREPARED BY: DIRECTOR: Iveta HarvancikJohn Cherbone Senior Engineer SUBJECT:Proposition 116 Certification _____________ RECOMMENDED ACTION: Move to adopt the Resolution certifying that no additional state funding shall be requested associated with hazardous waste removal as part of construction of the Highway 9 Safety Improvement Project, Phase III. REPORT SUMMARY: The City applied for and received $460,851 in Proposition 116 Bond Funds under the Clean Air and Transportation Improvement Bond Act of 1990, for the Highway 9 Safety Improvement Project, Phase III. This project phase includes safety improvements at the Highway 9 and Austin Way intersection,as well as installation ofbicycle loops at all signalized intersections on Highway 9 (Saratoga-Los Gatos Road). The California Transportation Commission (CTC) approved the allocation of funds to the Saratoga project at its June 30/July 1, 2010 meeting. Prior to execution of a Fund Transfer Agreement, the CTC requires the City to adopt a resolution stating that no additional state funds will be requested for clean- up,damages, or liability associated with hazardous wastes on or below the project site. The City has conducted an Initial Study/Negative Declaration as required by the California Environmental Quality Act (CEQA) and concluded that the project site does not lie within or adjacent to a hazardous materials site. It is therefore recommended that the Council adopt the attached Resolution certifying that no additional state funds associated with hazardous waste removal shall be requested for this Project. FISCAL IMPACTS: There are no costs associated with adopting the attached Resolution. Page 1of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Resolution will not be adopted and the required. Fund Transfer Agreement will not be executed ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Resolution shall be forwarded to CTC. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution 2. Memorandum to CTC regarding Proposition 116 fund allocation for Saratoga Page 2of 2 RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CERTIFYING TO THE CALIFORNIA TRANSPORTATION COMMISSION THAT NO ADDITIONAL STATE FUNDING SHALL BE REQUESTED ASSOCIATED WITH HAZARDOUS WASTE REMOVAL AS A PART OF THECONSTRUCTION OF THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT, PHASE III WHEREAS, the City is seeking allocation of $460,851 in Proposition 116 funds for the construction of the Highway 9 Bicycle Safety Improvement Project, Phase III; and WHEREAS, on June 30/July 1, 2010 the California Transportation Commission (CTC) conditionally approved said allocation, subject to the City satisfying criteria established by CTC with respect to hazardous wastes within the project site; and WHEREAS, The City has conducted anInitial Study/Negative Declaration and concluded that the project site does not lie within or adjacent to a hazardous materials site; and WHEREAS, subsurface hazardous wastes that may have migrated from off site are the responsibility of the off site property owner; and WHEREAS, the City Council acknowledges that this action is not a project pursuant to Section 15378 of the CEQA Guidelines, which defines a project as an action which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change. Any future project will be subjected to the appropriate environmental review atthe time it is submitted. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGAas follows: 1.The City of Saratoga certifies that all reasonable steps have been taken to assure full due diligence in the discovery of hazardous wastes on or below the Highway 9 Safety Improvement Project, Phase III construction site and that additional State funds will not be sought for cleanup, damages, or liability costs associated with such hazardous waste. Passed and adopted on ______________, 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen King, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, City Clerk State of CaliforniaBusiness, Transportation and Housing Agency DEPARTMENT OF TRANSPORTATION M e m o r a n d u m CHAIR AND COMMISSIONERS June 30–July 1, 2010 To:CTC Meeting: 2.6c. Reference No.: Action Item NORMA ORTEGASteven Keck From:Prepared by: Chief Financial OfficerDivision Chief Budgets ALLOCATION FOR LOCAL PROPOSITION 116 BICYCLEPROGRAMPROJECT Ref: RESOLUTION BFP-09-07 RECOMMENDATION: The California Department of Transportation (Department) recommends the California Transportation Commission (Commission) allocate $460,851 in Proposition 116 Bond funds, authorized under Public Utilities Code (PUC) Section 99650, to the City of Saratogafor the Highway 9 Bicycle Safety Improvements –Phase III project in Santa Clara County, as described on the attached Vote List. ISSUE: The attached vote list describes one locally-administered Proposition 116 Bicycle Program project for $460,851, plus $75,649 from local sources. The recipient is ready to proceed with this project and is requesting an allocation at this time. FINANCIAL RESOLUTION: Resolved That: 1.1WHEREAS, the California Transportation Commission (Commission) has adopted an annual program for mass transportation capital purposes, and the electorate enacted both Proposition 108, the Passenger Rail and Clean Air Bond Act of 1990, and Proposition 116, the Clean Air and Transportation Improvement Bond Act of 1990 in the June 1990, election authorizing the sale of general obligation rail bonds for rail transit purposes; and 1.2 WHEREAS, the Project, further detailed on the attached vote list, as component phases or in its entirety, appears on the necessary State capital projects funding list and is entitled to participate in this allocation; and 1.3 WHEREAS, the Recipient is committed to providing any required local matching funds and to fully fund implementation of the Project in compliance with grant or bond funding requirements or, if Recipient meets that criteria, in compliance with the conditions of “Caltrans improves mobility across California” CHAIR AND COMMISSIONERSReference No.: 2.6c. June 30–July 1, 2010 Page 2of 4 Commission Resolution G-92-14, "Guidelines for the Deferral of the Commission's Proportional Expenditure of State Funds Policy;" and 1.4 WHEREAS, the Commission has established a "Hazardous Waste Identification and Clean- up Policy" (#G-91-2) which requires the Recipient to perform, with diligence, the process of identification and remediation of any hazardous waste in the right-of-way, easements and properties. 2.1NOW THEREFORE BE IT RESOLVED, that an allocation of $460,851 in PROPOSITION 116 CLEAN AIR AND TRANSPORTATION IMPROVEMENT BONDproceeds be allocated to the recipient for the project, as detailed on the attached vote list; and 2.2 BE IT FURTHER RESOLVED, that the transfer of funds for the project shall be governed by a program supplement, and subsequent amendments to the same if required; and 2.3BE IT FURTHER RESOLVED, that the recipient shall provide the Department with an updated expenditure plan on a quarterly basis by category including any proposed changes for the balance of all funded project allocations commencing with the first quarter; and 2.4BE IT FURTHER RESOLVED, that in any instance of bond financing of the project, the Commission, acting on behalf of the State, by this resolution intends: A. To cause and approve the issuance of taxable or tax-exempt State general obligation bonds under Proposition 116, as appropriate: to reimburse the recipient for the project identified on the attached vote list; B. To reimburse the recipient for expenditures that shall not have been paid from the proceeds of any other tax-exempt indebtedness unless such prior indebtedness is retired with the proceeds ofsuch State monies; C.That this resolution be a declaration of official intent of the State within the meaning of U.S. Treasury Regulations Section 1.103-17(c) with respect to the project; and 2.5 BE IT FURTHER RESOLVED, that in any instance of bond financing, an allocation for the projectis subject to the following conditions and assurances: A.Completed bond sales authorized by the Office of the State Treasurer; B. Receive bond certification from the Department, preferably prior to the Commissions’ allocation action but, certification must be obtained prior to execution of the fund transfer agreement, C.The recipient's certification that it will not adopt new or increased current development taxes, fees, exactions or permit fees for the purpose of providing local matching funds; and the certification of this delivered to this Commission, preferably by the time of CHAIR AND COMMISSIONERSReference No.: 2.6c. June 30–July 1, 2010 Page 3of 4 Commission allocation action but not later than prior to execution of a fund transfer agreement, D.A formal resolution by the recipient's board stating that when utilizing State funding for acquisition of property or for capital improvements on the project, recipient has exercised all due diligence in the discovery of hazardous wastes;that recipient will enter into enforceable agreement(s) withany and all owners of to-be-acquired properties for clean-up of hazardous wastes pursuant to the requirements of Resolution G-91-2 regarding Hazardous Waste Identification and Clean-up for Rail Right-of- Way; delivered to this Commission, E.A formal resolution by the recipient's board, stating that when utilizing state-provided and other-than-state funding for acquisition of property or for capital improvements on the project, recipient shall agree to indemnify, defend and hold harmless the State, Department and the Commission from clean-up liability or damage, both present and future; and that no additional State funds will be requested for clean-up, damages, or liability associated with hazardous wastes on or below the acquired property, delivered to this Commission; F. That in any instance of bond financing with Proposition 116 funds, eligible costs may be incurred for project development after the project application approval, and all reimbursements of eligible costs are subject to an executed fund transfer agreement; G.The recipient shall provide the Commission with an "Evaluation of Property Report" by the time of the Commission allocation action, in compliance with Commission Policy G-95-09, Rail Right-of-Way Review Policy, to be verified by theDepartment or its agent; H.The recipient shall post on the project construction sites at least one sign, visible to the public, stating that the project is partially funded with Proposition 116 Clean Air and Transportation Improvement Bond Act of 1990 proceeds; 2.6BE IT FURTHER RESOLVED, that this Commission shall be entitled to a then present value refund, or credit, at State's option, equivalent to the proportionate funding participation by the State towards property acquisition and project construction in the event that recipient, or successor public entities, fail or cease to utilize the project for the intended public passenger rail purposes or sells or transfers title to the project. The credit for future purchases or condemnation of all or portions of the project by the State, and the refund or credit due the Commission in each instance, will be measured by the ratio of State and other public funding to that provided from recipient. That ratio will be applied to the then fair market value of the project property; and 2.7BE IT FURTHER RESOLVED, that if the recipient receives any revenues or profits from any non-governmental use of property allowed pursuant to bond certification (whether approved at this time or hereafter approved by the State), the recipient agrees that such CHAIR AND COMMISSIONERSReference No.: 2.6c. June 30–July 1, 2010 Page 4of 4 revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs. If the recipient does not so dedicate the revenues or profits, a proportionate share shall (unless disapproved by State's Bond Counsel) be paid to the State equivalent to the State's percentage participation in the project. 2.8 BE IT FURTHER RESOLVED, that an allocation for the project is subject to the following conditions and assurances: A. Reimbursements of eligible costs are subject to the terms and conditions of the executed fund transfer agreement; B.The grant recipient must complete the work to be reimbursed and the actual reimbursement by June 30, 2014, unless the Commission authorizes a waiver that extends, if permitted by statute, the period of availability of the funds. Attachment