HomeMy WebLinkAboutPacket.pdfTable of Contents
Agenda 3
Ceremonial Oath of Office for Newly Appointed Councilmember
Manny Cappello
Staff Report 8
Commendation Honoring David Zarrin
Staff Report 10
Commendation 11
Commendation Honoring Matt Torrens
Staff Report 12
City Council Study Session Minutes – May 24, 2010
Staff report 13
Minutes 14
City Council Regular Meeting Minutes – June 2, 2010
Staff Report 17
Minutes 18
Review of Accounts Payable Check Registers
AP Staff Report 29
Check Register 05/27/10 31
Check Register 06/03/10 35
Resolution Amending Council Agency and Adhoc Committee
Liaison Assignments
Staff Report 39
Resolution 41
Laserfiche Scanning Services– Award of Contract
Staff Report 43
1. RFP for Laserfiche Scanning Services 46
2. Contract with Peelle Technologies 52
Saratoga Ave and Fruitvale Ave Overlay and Rehabilitation
Project ESPL-5332(015) – Award of Construction Contract.
Council Report 75
Bid Summary 77
Contract 79
Request for waiver of City fees related to July 4, 2010
Staff report 367
Extension of Existing Traffic Signal Maintenance Contract with
Republic ITS for Two Years
Council Report 369
Existing Traffic Signal Maintenance Contract with
Republic ITS 371
Contract Amendment 2008 to 2010 395
CONTRACT AMENDMENT 2010 to 2012 404
Transcript of SASCC Funding Request at May 19, 2010 Council
Meeting
Staff Report 408
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Minutes - May 19, 2010 410
Transcript 423
Report on Effects of Proposed Initiative Regarding Second
Story Limitation in Saratoga
Staff Report on initiative 426
attachment proposed Initiative 428
attachment summary of Initiative 437
Village Vision
Village Vision Staff report 439
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WEDNESDAY, JUNE 16, 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
June 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. Ceremonial Oath of Office for Newly Appointed Councilmember Manny Cappello
Recommended action:
Direct the City Clerk to administer a ceremonial Oath of Office to newly appointed
Councilmember Manny Cappello.
2. Commendation Honoring David Zarrin
Recommended action:
Read and present commendation.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
3
3. Commendation Honoring Matt Torrens
Recommended action:
Read and present commendation.
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.
4. City Council Study Session Minutes – May 24, 2010
Recommended action:
Approve minutes.
5. City Council Regular Meeting Minutes – June 2, 2010
Recommended action:
Approve minutes.
6. 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:
May 27, 2010
June 03, 2010
7. Resolution Amending Council Agency and Adhoc Committee Liaison Assignments
Recommended action:
Adopt resolution amending Resolution 10-008 appointing Council representatives to
Committees, Agencies and Ad hoc Committees.
8. Laserfiche Scanning Services– Award of Contract
Recommended action:
Move to award a contract to Peelle Technologies in the amount of $135,876 and
authorize the City Manager to execute the same.
9. Saratoga Ave and Fruitvale Ave Overlay and Rehabilitation Project ESPL-5332(015)
– Award of Construction Contract.
Recommended action:
1. Move to declare G. Bortolotto & Company, Inc. of San Carlos to be the lowest
responsible bidder on the project.
2. Move to award a construction contract to G. Bortolotto & Company, Inc. in the
amount of $143,439.39.
3. Move to authorize staff to execute change orders to the contract up to $25,000.
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10. Request for waiver of City fees related to July 4, 2010
Recommended action:
Accept report and direct staff accordingly.
11. Extension of Existing Traffic Signal Maintenance Contract with Republic ITS for
Two Years
Recommended action:
Extend the existing contract with Republic ITS for monthly maintenance and on-call
repair of Saratoga traffic signals for two additional years.
PUBLIC HEARINGS
None
OLD BUSINESS
12. Transcript of SASCC Funding Request at May 19, 2010 Council Meeting
Recommended action:
Accept report, review attached transcript, and approve attached minutes for the May
19, 2010 Regular City Council Meeting as originally submitted on the June 2, 2010
Council Meeting Agenda.
NEW BUSINESS
13. Report on Effects of Proposed Initiative Regarding Second Story Limitation in
Saratoga
Recommended action:
Direct Staff Accordingly.
14. Village Vision
Recommended action:
Direct Staff Accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
CITY COUNCIL ITEMS
Mayor Kathleen King
ABAG
County HCD Policy Committee
Hakone Foundation Executive Committee
West Valley Flood Control Zone & Watershed Advisory Committee
SCC Cities Association Selection Committee
Santa Clara County Emergency Council
West Valley Mayors and Managers Association
Vice Mayor Jill Hunter
Hakone Foundation Board
Historical Foundation
Library Joint Powers Association
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SASCC
Sister City Liaison
Village AdHoc
Councilmember Howard Miller
City School Ad-Hoc
Chamber of Commerce
Council Finance Committee
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
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
West Valley Sanitation District
Council Finance Committee
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, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on June 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
Signed this 10th day of June 2010 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
6/16 Regular Meeting – Joint Meeting with HOA Presidents
7/7 Regular Meeting –
7/21 Regular Meeting – Joint Meeting with SASCC
8/4 SUMMER RECESS – NO COUNCIL MEETING
8/18 SUMMER RECESS – NO COUNCIL MEETING
9/1 Regular Meeting – Joint Meeting with Historical Foundation & Heritage
Preservation Comm.
9/15 Regular Meeting – Joint meeting with Assemblymember Jim Beall
10/6 Regular Meeting –Joint meeting with West Valley Board of Trustees
10/20 Regular Meeting – Joint Meeting with Traffic Safety Commission
11/3 Regular Meeting – Joint meeting with Saratoga Ministerial Association
11/17 Regular Meeting - Joint Meeting with Hakone Foundation
11/30 Council Reorganization
12/1 Regular Meeting - Joint Meeting with Library Commission and Friends of
the Saratoga Libraries
12/15 Regular Meeting -
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2010
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR:
SUBJECT: Ceremonial Oath of Office for Newly Appointed Councilmember Manny
Cappello
RECOMMENDED ACTION:
Direct the City Clerk to administer a ceremonial Oath of Office to newly appointed
Councilmember Manny Cappello.
REPORT SUMMARY:
On June 7, 2010, the City Council conducted interviews of eight (8) applicants that had applied
to fill the unexpired term of Councilmember Susie Nagpal, who passed away on May 13, 2010.
After the completion of the interviews and discussion, Council voted unanimously to appoint
applicant Manny Cappello to the Council vacancy to fill Councilmember Nagpals’ remaining
term of two and one half years. This term expires following certification of the November 2012
election results.
Council directed the City Clerk to administer the Oath of Office to Mr. Cappello immediately
following his appointment, which occurred at 11:30 p.m. It was Council’s wish to agendize a
“ceremonial” Oath of Office for Manny Cappello on the June 16, 2010 Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City’s Official Council Roster and retain adopted resolution for historical record.
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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:
N/A
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation Honoring David Zarrin
RECOMMENDED ACTION:
Read and present commendation.
REPORT SUMMARY:
The attached commendation recognizes and commends David Zarrin for achieving Eagle Scout
rank.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
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: Commendation
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COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
DDaavviidd AAnnddrreeww ZZaarrrriinn
WHEREAS, David has achieved the highest possible rank in Scouting, that of Eagle Scout;
and
WHEREAS, David achieved this rank through several years of effort in his troop, during
which he has earned 24 merit badges; and
WHEREAS, as a member of Troop 581, David has demonstrated leadership as Troop 581’s
Assistant Senior Patrol Leader, Senior Patrol Leader at Camp Hi-Sierra, Patrol Leader, Assistant
Patrol Leader, Troop Scribe, and Troop Historian; and
WHEREAS, David’s Eagle project benefited the citizens of Saratoga; and
WHEREAS, his efforts culminated in his main project; which was to compose, design and
build three trail head signs for the Parker Ranch and San Marcos trails for the Parks Division of the
City of Saratoga. He had 15 volunteers assisting him with the trail head sign project.
NOW THEREFORE, BE IT RESOLVED, the City of Saratoga does hereby proclaim that David
Andrew Zarrin deserves our warmest congratulations and highest praise.
BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does further proclaim that
his family and fellow Scouts deserve credit for the assistance and encouragement they undoubtedly
gave him.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16th day of
June 2010.
________________________
Kathleen M. King, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation Honoring Matt Torrens
RECOMMENDED ACTION:
Read and present commendation.
REPORT SUMMARY:
A commendation recognizing and commending Matt Torrens, History teacher at Saratoga High
School.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
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: Commendation will be provided to Council and public at the Council
meeting.
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Study Session Minutes – May 24, 2010
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for May 24, 2010, City Council Study Session.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A – Minutes from May 24, 2010, City Council Study Session.
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1
SARATOGA CITY COUNCIL MEETING
COUNCIL VACANCY STUDY SESSION
MAY 24, 2010
Mayor King called the Study Session meeting to order at 5:05PM
ROLL CALL:
PRESENT: Councilmembers Chuck Page, Howard Miller, Mayor Kathleen King,
Vice Mayor Hunter arrived at 5:15PM
ALSO Dave Anderson, City Manager
PRESENT: Ann Sullivan, City Clerk
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 24, 2010
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for
the meeting of May 24, 2010, was properly posted on May 21, 2010.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
The following person requested to speak on this item:
Jeff Schwartz – addressed the Council stating he supports filling the vacant council seat by including it
in the November election and added that Council could adopt an Urgency Ordinance to implement this
option under “urgency conditions” as opposed to “emergency conditions”. He added Council could
appoint someone to fill the vacancy for five months and then include the vacant seat in the November
2010 election.
COUNCIL DISCUSSION:
Council discussed the requirements regarding the adoption of an Urgency Ordinance to fill the vacated
council seat and since this topic was not scheduled as an agendized item, Council did not request the
presence of the City Attorney at this Study Session. Council noted they would like the city attorney’s
legal opinion.
COUNCIL DIRECTION:
Council directed City Manager Dave Anderson to place a telephone call to the City Attorney at this time
seeking his opinion regarding the Urgency Ordinance requirements. The City Manager left the meeting
to place the telephone call to the city attorney.
Council moved on to agendized items.
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AGENDA ITEM:
1. COUNCIL CANDIDATE INTERVIEW PROCESS AND QUESTIONS
FOR CANDIDATES APPLYING FOR VACANT COUNCIL SEAT
Council inquired about the steps staff had taken regarding the application format for the vacant council
seat.
City Clerk Ann Sullivan, responded that based on Council’s direction from the May 19, 2010 Council
meeting, staff posted an announcement on the City’s website regarding Council’s decision to appoint
someone to fill the vacant council seat, included an application and questionnaire that was similar to the
Planning Commission application as a baseline, and noted that additional information would be provided
after tonight’s Study Session. In addition, she stated staff had composed and submitted an ad to the
Saratoga Newspaper announcing the vacant council seat noting that the Council was now accepting
applications to complete the unexpired term of Council Member Susie Nagpal and that the term would
run until the Council Reorganization following the November 2012 Election. City Clerk Sullivan also
noted that the ad specifies that the application deadline is Noon on Friday, June 4, 2010 and that
interviews will be conducted in a public forum on Monday, June 7, 2010. She added the ad is scheduled
to appear in the May 25, 2010 Saratoga Newspaper.
Council proceeded to discuss the types of questions they would like on the application, the supplemental
questionnaire, and the interview questions that would be provided to the interested applicants.
Councilmember Page suggested the applicants be made aware of the FPPC Form 700 requirements.
Council concurred that this was important and should be noted on the application.
At this time City Manager Dave Anderson addressed the Council regarding his telephone conversation
earlier with the city attorney noting that City Attorney Richard Taylor stated the challenge is to make the
findings for an urgency ordinance, adding that some of the findings could be that the councilmember
died unexpectedly; the importance of having to fill the vacant seat between now and the election;
declaring the vacant seat on the next election; schedule a Special meeting within 24 hours to consider an
Urgency Ordinance adoption and this would require a 4/5th vote to implement an Urgency Ordinance,
which would not be subject to a referendum. He added the city attorney had pause regarding this option
being that there is no case law regarding this type of situation.
Vice Mayor Hunter expressed concerns about the possibility of a “recall” of this appointment.
Mayor King invited public comment.
CITIZEN INPUT:
Ms. Goel addressed the Council stating that some members of the community have expressed concerns
about filling the vacancy by appointment, adding that they understand the need to appoint someone to
fill this vacancy for the next six month; however, they would like to see the remainder of the term be
filled through the election process.
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3
Jeff Schwartz commented on the recall issue pertaining to the Educational Code.
Joyce Hlava commented on the questioning and answering process.
No one else requested to speak at this time.
Council provided no direction to staff on oral communications.
COUNCIL DIRECTION REGARDING AGENDA ITEM:
Council provided direction to staff regarding the appointment process, questions they would like on the
Council Vacancy Application, Supplemental Questionnaire, City Council Duties and Compensation
form, proposed Interview Questions, Form 700 requirements, the interviews would be approximately 30
minutes per candidate, and the order of candidate interviews would be determined by random drawing at
the meeting.
There being no additional business, Mayor King asked for a motion to adjourn the Study Session.
MILLER/PAGE MOVED TO ADJOURN THE STUDY SESSION AT 7:10PM. MOTION PASSED
4-0-Vacant.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Regular Meeting Minutes – June 2, 2010
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for June 2, 2010, City Council Regular Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A – Minutes from June 2, 2010, City Council Regular Meeting.
17
MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
JUNE 2, 2010
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Real Property Negotiation (Gov’t. Code Section 54956.8):
Wildwood Way
Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works
Director
MAYOR’S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information on Closed Session.
The City Council held a Joint Meeting with Montalvo Arts and Board members in the
Administrative Conference Room at 6:00 p.m.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. in memory of
Saratoga resident, Abby Jane Sobrato, and lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Chuck Page, Howard Miller, Vice Mayor Jill
Hunter and Mayor Kathleen King
ABSENT: Vacant
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Cynthia McCormick, Assistant Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of June 2, 2010 was properly posted on May 27, 2010.
At this time Mayor King introduced Michael Higgins, Music Director at St. Andrews
Episcopal School. Mr. Higgins then introduced the St. Andrews Concert Choir and Jazz
Pop Ensemble. Eleven members of both groups sang “The National Anthem”.
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COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Angela McConnell, Villa Montalvo Executive Director, provided a report from the Joint
Meeting held at 6 p.m. this evening. She noted Montalvo is about accessibility and
relevance in their programming and high artistic quality in everything they do. She
added they will be celebrating their centennial in 2012 and looks forward to working with
the city and the community to help celebrate this milestone. She stated Montalvo has
volunteer opportunities for middle and high school students that are looking to fulfill
community service hours; and the summer concert season starts Wednesday, June 9th.
Ms. McConnell concluded her report by inviting everyone to visit their website at
www.montaloarts.org for more information.
ORAL COMMUNICATIONS
Citizen Kathleen Casey addressed the Council regarding the US Post Office that once
existed in the Village. She also commented on citizen’s right to vote and reminded people
to vote.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Vice Mayor Hunter noted that the first ever Saratoga Heritage Day will be held on June
19, 2010, starting at 10AM. There will be 40 characters dressed up in costumes depicting
Saratoga’s history walking throughout the Village and at 11AM all the characters will be
introduced at Blaney Plaza. There will be games at the Historic Museum and other fun
festivities. In addition, there will be a character representing Saratoga’s first mayor,
Burton Brazil, as well as the first female mayor, Linda Callon, (herself), and the first
female councilmember, Peggy Corr, (herself) will be attending.
Mayor King noted the Chamber of Commerce is sponsoring a car show on July 24th from
10AM to 5PM; and the Chamber of Commerce will have the installation of new officers
at a dinner event at Florentines Restaurant on June 17, 2010, from 6 p.m. to 8 p.m.
Councilmember Miller talked about the many camps that are available to kids of all ages
through the Recreation Department and invited everyone to check out the Saratoga
Recreational Guide or visit the Saratoga website at www.saratoga.ca.us
Councilmember Page extended his best wishes to all the graduating students from the
various schools serving Saratoga.
CEREMONIAL ITEMS
1. COMMENDATIONS HONORING FIVE OUTGOING YOUTH
COMMISSIONERS
STAFF RECOMMENDATION:
Present commendations.
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Mayor King read and presented a commendation to Tara Fatemi, Jacob Baker, and
Natalie Tkalcevic for their service to the community.
Commissioners Samantha Rao and Elena Rees were absent.
2. APPOINTMENT OF EIGHT YOUTH COMMISSIONERS AND OATH OF
OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing eight (8) members to the Youth Commission
and direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 10-027
City Clerk Ann Sullivan administered the Oath of Office to Sierra Smith, Somya
Khare, Anu Sreedhaara, Vikas Nookala, Jane Chang, and Mercedes Chien.
Aditya Dev, Kia Faria, and Kaitlin Finch were absent.
3. COMMENDATION HONORING THE SARATOGA HIGH SCHOOL CHESS
TEAM
STAFF RECOMMENDATION:
Read and present commendation.
Mayor King read and presented the commendation to five members of the Saratoga
High School Chess Team.
4. COMMENDATION HONORING BOB HOPKINS AND THE “SOCCER FOR
KIDS WITH SPECIAL NEEDS” PROGRAM
STAFF RECOMMENDATION:
Read and present commendation.
Mayor King read and presented the commendation to Bob Hopkins.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
5. CITY COUNCIL MEETING MINUTES – MAY 19, 2010
STAFF RECOMMENDATION:
Approve minutes.
Citizen Kathleen Casey removed this item for comment.
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Councilmember Miller removed this item requesting clarification regarding the
financial support request from SASCC during Public Comments on Item 10 -
FY2011/12 Budget. He noted he would like clarification on how the requested funds
would be used; to help SASCC with their operating expenses or to help them match
money to rebuild their endowment.
Council questioned how to proceed with the granted funding request if the minute
clarification states what was said factually and the interpretation of the use of the
money is different.
City Attorney Richard Taylor noted that the minutes would reflect what was actually
said regarding the funding request and if Council’s intent turns out to be incorrect or
different from what was actually said at the meeting, Council should get a written
MEMO from SASCC explaining the correct situation and how the matching grant
funds would be used.
Recreation Director Michael Taylor addressed the Council noting that it was his
recollection that at the time the request was made on May 19, 2010, the requestor
eluded to the fact that the requested funds would be used to rebuild the nexus of the
endowment; which left him with the impression that it was a matching grant to
refinance their endowment. However, when he attended the SASCC Board meeting
later that week, he noticed that their Budget Summary reflected that the matching
grant funds were included in SASCC’s operating budget.
COUNCIL DIRECTION:
Council directed the City Clerk to listen to the meeting tape again regarding the
SASCC request for funding and to bring back a transcript of the discussion at the next
meeting to determine more accurately what was said.
Council noted they will be meeting with SASCC in a Joint Meeting on July 21, 2010,
and concurred they will resolve the issue at that time, adding that at the May 19, 2010
Budget Public Hearing, Council directed SASCC to provide Council with a financial
plan.
6. TREASURER’S REPORT FOR THE MONTH ENDED APRIL 30, 2010
STAFF RECOMMENDATION:
Review and accept the Treasurer’s Report for the month ended April 30, 2010.
PAGE/MILLER MOVED TO APPROVE TREASURER’S REPORT FOR THE
MONTH ENDED APRIL 30, 2010. MOTION PASSED 4-0-Vacant.
7. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
May 13, 2010
May 20, 2010
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PAGE/MILLER MOVED TO APPROVE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES; MAY 13, 2010
AND MAY 20, 2010. MOTION PASSED 4-0-Vacant.
8. ADOPTION OF FISCAL YEAR 2010/11 OPERATING & CAPITAL BUDGET
AND THE ENVIRONMENTAL IMPACT ASSESSMENT FOR NEW CIP
PROJECTS
STAFF RECOMMENDATION
1. Adopt resolution approving the Proposed FY 2010/11 Operating and Capital
Budgets, directing staff to incorporate within the final adopted budget any changes
related to minor corrections, carryforward appropriations, refined estimates, grant
approvals, claim reimbursements, pass-through appropriations, or additional direction
from Council upon adoption of the budget.
2. Adopt attached Environmental Impact Assessment for new projects included in the
FY 2010/11 CIP update.
Citizen Kathleen Casey removed this item for comment.
Councilmember Page removed this item for clarification noting that the Capital
Improvement Plan that Council approved at the May 19, 2010 Budget Hearing, did
not include the un-funded project list, adding that these are projects that have already
been approved by Council; however, they are un-funded. He stated this list is used by
City staff as a blue print to apply for grants and to forward with the project, rather
than coming back to Council for approval at the time of grant submittal.
Councilmember Page stated he would like to make a motion that Council amends the
CIP Budget to include the un-funded project list as submitted by staff.
RESOLUTION NO. 10-028
o PAGE/MILLER MOVED TO ADOPT THE CANYON VIEW PROJECT
IN THE CIP LIST. MOTION PASSED 3-1-Vacant with Mayor King
recusing herself.
o PAGE/MILLER MOVED TO AMEND THE PROPOSED FY 2010/11
OPERATING AND CAPITAL (CIP) BUDGETS BY ADDING THE UN-
FUNDED PROJECT LIST TO THE CIP BUDGET, DIRECT STAFF
TO INCORPORATE WITHIN THE FINAL ADOPTED BUDGET ANY
CHANGES RELATED TO MINOR CORRECTIONS,
CARRYFORWARAD APPROPRIATIONS, REFINED ESTIMATES,
GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS-
THROUGH APPROPRIATIONS, OR ADDITIONAL DIRECTION
FROM COUNCIL UPON ADOPTION OF THE BUDGET. MOTION
PASSED 4-0-Vacant.
o PAGE/HUNTER MOVED TO ADOPT THE ENVIRONMENTAL
IMPACT ASSESSMENT FOR NEW PROJECTS INCLUDED IN THE
FY 2010/11 CIP UPDATE. MOTION PASSED 4-0-Vacant.
22
6
9. FISCAL YEAR 2010/11 GANN APPROPRIATION LIMIT
STAFF RECOMMENDATION:
Adopt resolution approving the Gann Appropriations Limit for FY 2010/11.
Councilmember Miller removed this item for comment.
RESOLUTION NO. 10-029
MILLER/PAGE MOVED TO APPROVE THE GANN APPROPRIATIONS
LIMIT FOR FY 2010/11. MOTION PASSED 4-0-Vacant.
10. RESOLUTION CALLING THE GENERAL MUNICIPAL ELECTION –
NOVEMBER 2, 2010
STAFF RECOMMENDATION:
That City Council adopts the Resolution Calling the General Municipal Election for
November 2, 2010.
Citizen Kathleen Casey removed this item for comment.
RESOLUTION NO. 10-030
MILLER/PAGE MOVED TO ADOPT RESOLUTION CALLING THE
GENERAL MUNICIPAL ELECTION FOR NOVEMBER 2, 2010. MOTION
PASSED 4-0-Vacant.
Vice Mayor Hunter requested that staff note the 2010 election information on the
website.
11. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3
APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT.
STAFF RECOMMENDATION:
Adopt resolution supporting the Metropolitan Transportation Commission’s
Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for
the Saratoga Avenue Walkway Project.
Citizen Kathleen Casey removed this item for comment.
RESOLUTION NO. 10-031
PAGE/HUNTER MOVED TO ADOPT RESOLUTION SUPPORTING THE
METROPOLITAN TRANSPORTATION COMMISSION’S
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
PEDESTRIAN/BICYCLE GRANT APPLICATION FOR THE SARATOGA
AVENUE WALKWAY PROJECT. MOTION PASSED 4-0-Vacant.
23
7
12. VOIP TELECOMMUNICATION AGREEMENT
STAFF RECOMMENDATION:
1. Accept report and direct staff to enter into an agreement with ZAG Technical
Services / 3GC Group to replace the existing PBX telecommunication system with a
Voice over Internet Protocol (VoIP) telephone system for the main City Hall
buildings, the Joan Pisani Community Center, the Corporation Yard, the Saratoga
Area Senior Coordinating Council and the Saratoga Prospect Center.
2. Adopt Budget Resolution to transfer $55,000 from the IT Equipment Replacement
Fund to the CIP Administrative Fund.
Citizen Kathleen Casey removed this item for comment.
RESOLUTION NO. 10-032
PAGE/HUNTER MOVED TO 1) ACCEPT REPORT AND DIRECT STAFF TO
ENTER INTO AN AGREEMENT WITH ZAG TECHNICAL SERVICES /
3GC GROUP TO REPLACE THE EXISTING PBX TELECOMMUNICATION
SYSTEM WITH A VOICE OVER INTERNET PROTOCOL (VOIP)
TELEPHONE SYSTEM FOR THE MAIN CITY HALL BUILDINGS, THE
JOAN PISANI COMMUNITY CENTER, THE CORPORATAION YARD,
THE SARATOGA AREA SENIOR COORDINATING COUNCIL AND THE
SARATOGA PROSPECT CENTER; 2) ADOPT BUDGET RESOLUTION TO
TRANSFER $55,000 FROM THE IT EQUIPMENT REPLACEMENT FUND
TO THE CIP ADMINISTRATIVE FUND. MOTION PASSED 4-0-Vacant.
13. SIDE LETTER OF AGREEMENT BETWEEN THE SARATOGA
MANAGEMENT ORGANIZATION AND THE CITY OF SARATOGA
STAFF RECOMMENDATION:
Adopt the resolution approving the Side Letter of Agreement between the Saratoga
Management Organization (SMO) and the City of Saratoga suspending members’ car
allowance for fiscal year 2010-2011.
Citizen Kathleen Casey removed this item for comment.
RESOLUTION NO. 10-033
PAGE/HUNTER MOVED TO ADOPT RESOLUTION APPROVING THE SIDE
LETTER OF AGREEMENT BETWEEN THE SARATOGA MANAGEMENT
ORGANIZATION (SMO) AND THE CITY OF SARATOGA SUSPENDING
MEMBERS’ CAR ALLOWANCE FOR FISCAL YEAR 2010-2011. MOTION
PASSED 4-0-Vacant.
14. CITY MANAGER VOLUNTARY BENEFITS WAIVER
STAFF RECOMMENDATION:
Authorize the Mayor to sign a letter agreement documenting the City Manager’s offer
to voluntarily waive certain benefits specified in his employment agreement.
24
8
Citizen Kathleen Casey removed this item for comment.
PAGE/HUNTER MOVED TO AUTHORIZE THE MAYOR TO SIGN A
LETTER AGREEMENT DOCUMENTING THE CITY MANAGER’S OFFER
TO VOLUNTARILY WAIVE CERTAIN BENEFITS SPECIFIED IN HIS
EMPLOYMENT AGREEMENT. MOTION PASSED 4-0-Vacant.
PUBLIC HEARINGS
15. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 - PUBLIC
HEARING, APPROVAL OF ENGINEER’S REPORT, AND CONFIRMATION
OF ASSESSMENTS FOR FY 10-11
STAFF RECOMMENDATION:
Move to adopt the Resolution Ordering the Improvements and Confirming the
Diagram and Assessments for FY 10-11.
John Cherbone, Public Works Director, presented the staff report.
Mayor King opened the Public Hearing for comment.
Citizen Kathleen Casey requested to speak on this item.
No one else requested to speak on this item.
Mayor King closed the Public Hearing for comment.
RESOLUTION NO. 10-034
HUNTER/PAGE MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FY 2010/11. MOTION PASSED 4-0-Vacant.
16. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE
BY REMOVAL OF HAZARDOUS VEGETATION (Brush)
STAFF RECOMMENDATION:
Open public hearing; listen to public testimony; and close public hearing. Adopt
resolution overruling objections and ordering hazardous vegetation abatement
(brush).
Ann Sullivan, City Clerk, presented the staff report.
Julie Linney, representative from the Santa Clara County Fire Department, was
present to answer questions from Council.
Mayor King opened the public hearing for comment.
The following person requested to speak on this item:
25
9
Nancy White addressed the Council regarding specific property that she felt was not
in compliance.
No one else requested to speak on this item.
Mayor King closed the Public Hearing for comment.
RESOLUTION NO. 10-035
MILLER/PAGE MOVED TO ADOPT RESOLUTION OVERRULING
OBJECTIONS AND ORDERING HAZARDOUS VEGETATION
ABATEMENT (BRUSH). MOTION PASSED 4-0-Vacant.
OLD BUSINESS
None
At this time Mayor King invited four high school students in the audience to come up
on the Dias, asked them to introduce themselves and state which school they were
from.
NEW BUSINESS
17. INITIATION OF ANNEXATION OF AN APPROXIMATELY 2.68 (GROSS)
ACRES PARCEL (APN 503-80-004) LOCATED AT 22480 MOUNT EDEN
ROAD. SUBSEQUENT ANNEXATION PROCEEDINGS WILL CONSIDER A
PRE-ANNEXATION AGREEMENT, LOT MERGER, WILLIAMSON ACT
AGREEMENT, ZONING AMENDMENT (AP-OS OVERLAY), AND A USE
PERMIT WITH VARIATION FROM STANDARDS FOR THE OWNER’S
ADJACENT 35 ACRE PARCEL.
STAFF RECOMMENDATION:
Approve the attached Resolution thereby initiating annexation proceedings for 22480
Mount Eden Road.
Cynthia McCormick, Assistant Planner, presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
RESOLUTION NO. 10-036
HUNTER/MILLER MOVED TO APPROVE THE RESOLUTION INITIATING
ANNEXATION PROCEEDINGS FOR 22480 MOUNT EDEN ROAD.
MOTION PASSED 4-0-Vacant.
26
10
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
SCC Cities Association Selection Committee – will meet next Thursday and noted she is
unable to attend the meeting and asked Councilmember Miller if he could attend for her.
Councilmember Miller noted he would be able to attend. She noted discussion will occur
regarding ABAG and combining city numbers to work as a county. Also, the Cities
Association is governed by the Brown Act, noting she attended the last meeting via
conference call and had to post the agenda outside her office.
West Valley Mayors and Managers Association – she attended the last meeting.
Vice Mayor Jill Hunter – reported:
Hakone Foundation Board – she attended the last meeting and noted they have a new
membership program underway. She added two gentlemen will be arriving from Japan
soon and they will be presented with a merit commendation. She also stated there are two
significant events coming up - one on September 2nd and the “Night of the Opera”
fundraiser event on September 10th.
Historical Foundation – the Historic Museum is excited about the new plantings and
members are hopeful that the Historic Park will be finished by June 19 for an upcoming
event.
Library Joint Powers Association – she will be attending Thursday’s JPA meeting and
noted there is concern that the JPA has cut back on the literacy programs in the County.
SASCC – she stated the next meeting is on Tuesday, June 8th, noting she can only stay for
a half hour and hopes the new councilmember will be able to attend the rest of the
meeting on her behalf. SASCC has a new multi-cultural board and all are appreciative of
the matching grant funds from the City.
Councilmember Howard Miller – reported:
Council Finance Committee – he attended the meeting earlier this evening and had
nothing to report.
Councilmember Chuck Page – reported:
Council Finance Committee – he attended the meeting earlier today and discussed some
of the items that were on this evening’s agenda.
Saratoga Ministerial Association – he attended the last meeting and noted there were
only three members in attendance, as many of the members thought the meeting was
cancelled.
CITY COUNCIL ITEMS
Councilmember Miller noted an initiative regarding the Housing Element has been filed
with the City Clerk and would like staff to find out what options the City has regarding
Election Code 9212, adding he would like this item agendized for the next council
meeting.
City Attorney Richard Tayolor noted that per Election Code 9212, Council can request a
report regarding this filed Initiative and the effects this Initiative would have on the City.
He added staff would provide a report on the next scheduled council meeting letting
Council know what their options are. He noted he will be preparing a title and summary,
which will be given to the presenters of the Initiative.
27
11
Mayor King concurred, agendizing this request for the next Council meeting, which is
June 16, 2010.
Councilmember Miller noted the Visioning Committee has been working with a
consultant regarding the vision of the Village and feels this initiative will affect CH1
(The Village). He voiced his concerns about the Initiative and the Visioning Committee
running into a conflict and asked that the visioning process be delayed until after the
results of the initiative are known, since the Visioning process for the Village could be
mandated by the initiative results.
Mayor King stated that she felt the Visioning Committee, comprised of Councilmembers
Miller and Page, could continue with their visioning plan and should provide a report to
Council on this plan, if they have one.
Councilmember Howard Miller and Chuck Page said they would therefore request that
this item be agendized at the next council meeting.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business, Mayor King asked for a motion to adjourn.
PAGE/MILLER MOVED TO ADJOURN THE REGULAR MEETING AT 9:05PM.
MOTION PASSED 4-0-Vacant.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
28
Dave Anderson
Melanie Whittaker 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:
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
05/27/10 115201 115244 43 107,323.04 05/27/10 05/20/10 115200
06/03/10 115245 115301 56 189,871.13 06/03/10 05/27/10 115244
AP Date Check No. Issued to Dept.Amount
05/27/10 115233 Public Works 39,682.16
06/03/10 115250 Public Works 51,729.61
06/03/10 115274 Public Works 30,174.30
06/03/10 115279 Public Works 26,850.18
The following are Accounts Payable checks that were voided :
AP Date Check No.Amount
06/03/10 110830 (108.51)
06/03/10 110846 (50.00)
06/03/10 112410 (207.38)
06/03/10 112666 (44.25)
06/03/10 113744 (325.62)
06/03/10 115266 (335.00)
06/03/10 115270 (532.00)
Checks
Released
May 27, 2010
June 03, 2010
Annual Street Resurfacing
Final Retention
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2010 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
Type of Checks Date
Starting
Check No.
Ending
Check No.Total Checks Amount
Orchard Maintenance Q2/10Matt Novakovich General
Prior Check Register
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
Matt Novakovich General Orchard Maintenance Q1/10
Fund Purpose
Accounts Payable
Accounts Payable
CF Archibald Paving
CIP - Streets
Grant Fund - CIP Streets
Gas Tax Fund
Greg Meyer Void - Stale dated
Maggiora Brothers CIP - Park & Trail
Hakone Gardens - Well &
Pump repair
Electrical Distributors Void - Stale dated
Issued to Description
Bay Area Cellular Void - Stale dated
Plumb-In-Time Void - Stale dated
Void - Stale dated
Void - Reissued
Void - Reissued
Agnes Gregorian
Sandro Costanza
Catherine Killion
29
The following is a list of cash reduction by fund:
Fund #AP 05/27 AP 06/03 Total
111 General 75,641.12 56,486.29 132,127.41
231 Village Lighting 2,793.33 2,793.33
232 Azule Lighting 237.70 237.70
233 Sarahills Lighting 252.30 252.30
241 Arroyo de Saratoga Landscape 85.00 85.00
242 Bonnet Way Landscape 135.00 135.00
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape 150.00 150.00
245 Fredericksburg Landscape 132.00 132.00
246 Greenbriar Landscape 406.00 406.00
247 Kerwin Ranch Landscape 311.00 311.00
248 Leutar Court Landscape 85.00 85.00
249 Manor Drive Landscape 160.00 160.00
251 McCartysville Landscape 180.00 17.16 197.16
252 Prides Crossing Landscape 448.00 30.26 478.26
253 Saratoga Legends Landscape 158.00 158.00
254 Sunland Park Landscape 203.00 203.00
255 Tricia Woods Landscape 45.00 9.17 54.17
271 Beauchamps Landscape 85.00 44.25 129.25
272 Bellgrove Landscape 1,598.00 337.84 1,935.84
273 Gateway Landscape 203.00 203.00
274 Horseshoe Landscape/Lighting 320.00 8.57 328.57
275 Quito Lighting 165.00 1,100.06 1,265.06
276 Tollgate LLD 90.00 90.00
411 CIP Street Projects 27,953.09 27,953.09
412 CIP Parks Projects 2,499.00 30,174.30 32,673.30
413 CIP Facility Projects 4,702.00 6,190.88 10,892.88
421 Tree Fine Fund 1,350.00 1,350.00
431 Grant Fund - CIP Streets 10,765.87 10,765.87
481 Gas Tax Fund 42,043.96 42,043.96
611 Liability/Risk Mgt 351.35 1,374.21 1,725.56
621 Office Stores Fund 2,707.44 17.45 2,724.89
622 Information Technology 12,947.48 1,031.70 13,979.18
623 Vehicle & Equipment Maint 88.89 88.89
624 Building Maintenance 3,380.65 7,563.85 10,944.50
107,323.04 189,871.13 297,194.17
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
TOTAL
Fund Description
30
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38
SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Resolution Amending Council Agency and Adhoc Committee Liaison
Assignments
RECOMMENDED ACTION(S):
Adopt resolution amending Resolution 10-008 appointing Council representatives to
Committees, Agencies and Ad hoc Committees.
REPORT SUMMARY:
The City Council reorganized on December 2, 2009 for the following year and on December 16,
2009, assignments to various agencies and ad hoc committees were adopted by Resolution No.
09-066. On February 17, 2010, Council amended this resolution to implement a change of
Council representation on the City School Adhoc and adopted Resolution No. 10-008.
On June 7, 2010, Council appointed a new councilmember to fill the unexpired term of
Councilmember Susie Nagpal. It is now necessary to have the Council re-do their
agency/committee assignments in order to provide the new councilmember an opportunity to be
an agency/committee representative for the City of Saratoga.
The following changes to the Council Agency and Ad hoc Committee have been requested by the
Mayor and are reflected in the attached resolution:
Agency Councilmember Alternate/Second Member
Chamber of Commerce Miller Cappello
County HCD Policy Committee King Cappello Nagpal King
SC County Emergency Council King Cappello Nagpal King
SASCC Hunter Cappello King Hunter
Sister City Liaison Hunter Cappello Nagpal Hunter
West Valley Sanitation District Nagpal Cappello
Highway 9 Adhoc Nagpal Cappello
Village Adhoc Nagpal Cappello
39
2 of 2
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Council Agency and Ad hoc Committee Liaison Assignments would remain the same.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Update Council Agency Assignment list on City website and retain amended resolution as the
new Council Agency Assignment record.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Proposed Resolution Amending Resolution No.10-008
40
RESOLUTION NO. 10 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION 10-008 APPOINTING COUNCIL
REPRESENTATIVES TO COMMITTEES, AGENCIES
AND AD HOC COMMITTEES
WHEREAS, the City Council reorganized on December 1, 2009 for the coming year;
and
WHEREAS, representatives from the City Council serve on various committees,
agencies, and Ad hoc committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all
its members.
WHEREAS, on June 7, 2010, Council appointed Manny Cappello to fill the remaining
two and a half years of Councilmember Susie Nagpal’s term; and
WHEREAS, with the appointment of a new Councilmember, it is now time to redo this
assignment list in order to include the new Councilmember.
NOW, THEREFORE, BE IT RESOLVED that the following changes be made to the City
School AdHoc. These changes expire December 2010, or until revised.
Agency Councilmember Alternate/Second Member
Chamber of Commerce Miller Cappello
County HCD Policy Committee King Cappello Nagpal King
SC County Emergency Council King Cappello Nagpal King
SASCC Hunter Cappello King Hunter
Sister City Liaison Hunter Cappello Nagpal Hunter
West Valley Sanitation District Nagpal Cappello
Highway 9 Adhoc Nagpal Cappello
Village Adhoc Nagpal Cappello
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 16th day of June 2010, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____
Kathleen M. King, Mayor
ATTEST:
Ann Sullivan, City Clerk
41
Agency Councilmember Alternate/Second
Member *
Association of Bay Area Government King Hunter
Chamber of Commerce Cappello Hunter
County HCD Policy Committee Cappello King
Hakone Foundation Board Hunter King *
Hakone Foundation Executive
Committee
King N/A
Historical Foundation Hunter Nagpal
KSAR Community Access TV Board Miller Hunter
Library Joint Powers Association Hunter Nagpal
West Valley Flood Control &
Watershed Advisory Committee
King Hunter
Santa Clara Valley Water District
Commission
Page Hunter
Santa Clara County Cities Association Miller King
SCC Cities Association Selection
Committee
King Miller
Santa Clara County Emergency
Council
Cappello King
Saratoga Ministerial Association Page King *
SASCC Cappello Hunter *
Sister City Liaison Cappello Hunter
West Valley Solid Waste Joint Powers
Association
Miller King
Valley Transportation Authority PAC Miller King
West Valley Sanitation District Page Cappello
West Valley Mayors and Managers
Association
King Hunter
(Both members are required to attend meetings)
City School Ad-Hoc Page Miller *
Council Finance Committee Page Miller *
Highway 9 Adhoc Miller Cappello *
Village Ad-Hoc Hunter Cappello *
42
Page 1 of 3
SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Kristin Borel DIRECTOR: John Cherbone
Public Works Analyst Public Works
SUBJECT: Laserfiche Scanning Services– Award of Contract
RECOMMENDED ACTION:
Move to award a contract to Peelle Technologies in the amount of $135,876 and authorize the
City Manager to execute the same.
REPORT SUMMARY:
In 1999, the City began converting paper and microfiche documents into digitized format to increase
accessibility to public documents and preserve City records. Document scanning is performed both
internally by City staff and contracted out. For the most part, documents that are scanned by outside
contractors require special handling during scanning due to their age and size. In February 2008, the City
hired Delta MicroImaging to scan permanent City records for the City Manager’s Office, Public Works
Department, and Community Development Department. Since then, Delta MicroImaging, has gone out of
business. Consequently, the City issued a Request For Proposal (RFP) for Laserfiche Scanning Services.
A LaserFiche scanning committee comprised of five staff members was established to develop the RFP
and review submittals. Members included Debbie Bretschneider, Crystal Morrow, Shaheen Sarwari, Leo
Salindong and Kristin Borel. The RFP was released to the public on April 29, 2010 and proposals were
due on May 19, 2010.
The City received seven submittals to the LaserFiche Scanning RFP. The proposals were evaluated based
on the following criteria as stated in the RFP:
• Clarity of proposal
• Demonstrated success in similar projects; particular attention will be paid to proposals from
businesses with experience implementing Laserfiche scanning for municipalities
• Responsiveness of the proposal to the City’s objective and scope of work
• The technical ability, capacity, and flexibility of the proposer to perform the scope of work
• Costs for services
• Analysis of the scans of City- provided material
Of the seven proposals, three submissions met all the requirements outlined in the RFP including
successful scans of the City- provided material --ECS, Incrementum and Peelle Technologies.
To determine which of the three businesses would best be able to meet the needs of the City, staff held
interviews with each of the companies to answer more in-depth questions regarding their proposal,
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company, and services. The staff asked each company to bring not only the account representative, but
the production manager who would oversee the scanning process.
While pricing for per page scans was similar, staff paid particular attention to each company’s response to
questions about quality control, company priorities, attention to detail, and sensitivity to clients’ needs.
Staff assessed the answers to each of the committee’s questions and agreed that Peelle Technologies gave
the best overall response to the requirements contained in the RFP. During the interview process, all key
areas of interest from staff were satisfied regarding their scanning experience, attention to detail, and
follow-up discussions and the client references were consistently positive. The committee felt Peelle
Technologies demonstrated a firm commitment to quality scanning – use of the latest scanning equipment
and technology, extensive experience with scanning city/government records, a mission to develop long
term relationships with clients, and a sincere commitment to the scanning business.
It is therefore recommended that the City Council approve the two year contract with Peelle
Technologies.
FISCAL IMPACTS:
Funding for this contract is available in the CIP and broken down by departments as follows:
Department Budget Available
Public Works $80,000
Community Development $31,989
City Manager’s Office $ 8,887
$120,876
The Community Development also has an additional $15,000 in their operating budget - $10,000 for
Planning Department and $5,000 for the Building Department.
The total amount budget including the CIP and operating budget is $135,876.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Scanning of the City’s records would remain on hold.
ALTERNATIVE ACTION:
Council could direct staff to pursue another alternative than the one recommended, could request
additional information, or could provide other direction to staff.
FOLLOW UP ACTION:
The contract will be executed and scanning can begin on July 1, 2010.
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 web site in advance of the meeting. A copy of the agenda packet is also
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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
ATTACHMENTS:
1. RFP for Laserfiche Scanning Services
2. Contract with Peelle Technologies
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Request for Proposal (RFP)
For
Laserfiche scanning services
For the City of Saratoga
Due Date: May 19, 2010
Respond to:
City of Saratoga
Attn: Kristin Borel
13777 Fruitvale Ave.
Saratoga, CA 95070
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TO : All interested parties.
SUBJECT: RFP to implement scanning services for documents, compatible with Laserfiche, for the
City of Saratoga.
SECTION 1: INTRODUCTION
The City of Saratoga has a population of 30,000 and is located in Santa Clara County, 10 miles southwest
of downtown San Jose, and 50 miles south of San Francisco.
In 1999, the City of Saratoga implemented a program converting documents from paper to digital
images and purchased the LaserFiche program for retrieval. The City had previously been scanning its
permanent records to microfiche. Several departments regularly scanned documents, but some have
old original files that require scanning. The City has had documents scanned by other companies,
however those contracts have expired.
SECTION 2 : PROJECT DESCRIPTION
The City of Saratoga is seeking scanning services compatible with LaserFiche for documents, maps and
plans in the City’s archive and for on-going scanning services. The City has a backlog of original files and
plans dating from the 1960’s to the present. There are approximately 35 boxes of archive documents,
40 boxes of current documents, and 7000 plan sheets that require scanning. We will also produce a bi-
monthly output of materials for scanning. We anticipate that this backlog of documents will be sent out
in batches over a negotiated period of time.
TIMELINE:
Following are key dates for this RFP. The city reserves the right to make modifications. Changes to the
schedule will posted on our website. www.saratoga.ca.us
• Issue RFP – 04/29/2010
• Vendor questions due – 05/10/2010
• Responses to Vendor questions posted -05/13/2010
http://www.saratoga.ca.us/services/scanningrfp.asp
• Proposals due –05/19/2010 by 5 pm
• Selected Vendor Interviews – 06/02/2010
• Vendor selection/staff recommendation – 06/07/2010 (Decision pending final City council
approval on 06/16/2010)
• Scanning begins -07/01/2010
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SECTION 3 : SCOPE OF WORK
The City will require consultant services which include, but are not necessarily limited to:
• Retrieve and transport records identified by the City to the Contractor’s facility and convert the
records to a Laserfiche format (TIFF) at 300 DPI for letter size documents and 400 DPI for
maps/plans.
• Preparation of documents for scanning, including: removal of staples, clips, and bindings,
removal of sticky notes on front page, and unrolling of maps.
• Scanning of images at designated DPI. (Could be higher than 300).
• Special handling and scanning of older or degraded files and plans.
• Creation of CD masters and duplicates.
• All documents will be returned to the City with the CD masters. Originals to be returned in same
sequence/bundles as when they were sent.
• Metadata to be filled out as indicated by criteria sent with boxes.
• Pre-set templates are to be used and will be sent to you as a “briefcase” from Laserfiche.
• Detailed invoicing to different departments within the City based on department-generated
scanning requests.
• Using City-provided naming conventions .
• All documents are to be OCR’d before CD masters are returned.
SECTION 4 : SUBMITTAL REQUIREMENTS
4.1 Response Submission
In order to facilitate the analysis of responses to the RFP, vendors are required to prepare their
proposals in accordance with the instructions outlined in this RFP. Vendors who deviate from these
instructions may be considered non-responsive and may be disqualified at the discretion of the City.
Proposals should be prepared in a concise manner and provide sufficient detail and description of the
vendor’s capabilities to satisfy the requirements of this RFP. A proposal shall constitute an irrevocable
offer for 90 days following the deadlines for its submission. All proposals will be confidential until
selection of a vendor or final rejection of all proposals by the City Council at which time all proposals will
be public information.
• Three (3) hard copies of the proposal and an electronic copy on a CD must be received by 5:00
pm on 05/19/2010. Proposals must include a scan of the documents provided in the envelope
provided with this RFP packet. A CD with our templates is included with the documents. Also
included is “Instructions for Scanning”. Please follow these instructions. Letter size documents
are to be scanned at 300 dpi and the maps/plans are to be scanned at 400 dpi. Scans are to be
saved in a separate folder on the CD and submitted with your response. All originals are to be
returned to the City of Saratoga with your proposal.
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Please submit proposals to:
City of Saratoga
Attn: Kristin Borel
13777 Fruitvale Ave.
Saratoga, CA 95070
Proposals received after 05/19/2010 after 5 pm will not be accepted and will be destroyed. Proposals
will not be accepted via fax or e-mail.
4.2 Proposal Format
Responses to this RFP must include a cover page and a signed letter of transmittal followed by a table
of contents. Proposals must be organized into the following major sections and provide sufficient detail
for the City of Saratoga to make an informed decision and comparison of proposals. Emphasis should
be given on accuracy, completeness, and clarity of content. Additional information such as marketing
brochures and promotional materials may be included but must be at the end of the proposal in an
appendix.
I. Executive Summary
A brief narrative not to exceed one page, describing the proposed work.
II. Company Background
Provide company background information including description of products and services and company
history. Responses should address the following items and may include other information that the
vendor believes would be relevant to the City in light of the information in this RFP.
• Company History
• Product Focus
• Employees
• Years in Business
• Key Partnerships and Alliances
• Government Contracts (e.g. CMAS, GSA)
• Familiarity with Laserfiche, AIIM Recommended Practices, and laws governing electronic records
management
• Vendor Offices/Locations
• Number of Customers
• Number of Customers proportional to our size of organization
• Number of public agency Customers
• A description of the project team
• Resumes of key project members
• Name, address, email, and telephone number of the person to whom correspondence should be
directed
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III. Proposal
A detailed price list including, but not limited to:
• Scanning letter and legal size documents
• Scanning large and extra large format documents
• Scanning microfiche in 16 and 32 formats
• Scanning of color documents
• Document preparation
• Document indexing
• Special handling
• OCR
• Emergency/Urgent Retrieval
• Color vs Black/white scans
• Creation of CD masters and duplicates
• Transportation – pick-up and delivery
• Document storage and destruction
• Any other applicable charges
• Credits for documents that are not properly scanned
Include scans of the documents provided in the RFP packet. Letter size documents are to be scanned at
300 dpi and the maps/plans are to be scanned at 400 dpi. Scans are to be saved on a CD and submitted
with your response. All originals are to be returned to the City of Saratoga with your proposal.
A copy of the standard services agreement is attached. Include in your proposal a scope of work
payment schedule together with any comments on the form of the agreement.
IV. Client References
Proposal must include a minimum of three (3) references for directly applicable projects preferably with
California cities or other public agencies comparable to the City of Saratoga. References should include
an overview of the solution provided including hardware and software components. Additional
references are allowable if the vendor chooses. Include the contact person who was directly responsible
for overseeing the implementation/completion for each of the referenced projects. Proposals must
include the name of the client/agency, contact information (name, phone number and/or email address)
and the dates the services were provided.
4.3 Selection Criteria
Proposals will be evaluated based on the following criteria:
• Clarity of Proposal
• Demonstrated success in similar projects; particular attention will be paid to proposals from
businesses with experience implementing Laserfiche scanning for municipalities
• Responsiveness of the proposal to the City’s objective and scope of work
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• The technical ability, capacity, and flexibility of the proposer to perform the scope of work
• Total cost of proposal
City Staff will review all proposals, and will seek approval from the City Council for the vendor that
City staff determines has demonstrated the best proposal.
4.4 Discretion and Liability Waiver
The City reserves the right to reject all proposals or to request and obtain, from one or more of the
businesses submitting proposals, supplementary information as may be necessary for City staff to
analyze the proposal. The City may require proposers to participate in additional rounds of more
refined submittals before the ultimate selection of a vendor is made. These rounds could encompass
revisions of the submittal criteria in response to the nature and scope of the initial proposals. The City
may negotiate with one or more firms, and may contract with one or more firms as the City deems
appropriate.
By submitting a response to this RFP, proposers waive all right to protest or seek any legal remedies
whatsoever regarding any aspect of this RFP. Although it is the City’s intent to choose the most qualified
proposal, the City reserves the right to reject all or choose any number of qualified proposals.
4.5 Proposal Inquiries
All questions regarding this RFP should be directed to Kristin Borel at kborel@saratoga.ca.us
Please submit any questions on or before 5:00 p.m. 05/10/2010. No later than 5:00 p.m on Monday,
May 13 the City will post responses to all questions received on the City website at
http://www.saratoga.ca.us/services/bid_questions_responses.asp
. The identity of the vendor asking
the question will not be posted. The City does not expect to respond to inquiries received after May 10,
2010; in the event that the City chooses to respond to such inquiries, however, it will post the responses
on the City website.
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Laserfiche Scanning Services
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CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Peelle Technologies
["Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order from
the Finance Department of the City of Saratoga.
City of Saratoga Independent Contractor Agreement Page 1 of 23
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2. TERM The term of this Agreement commences on July 1st,
2010 and extends through June 30th, 2012 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the parties retain the right to terminate
this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor’s
completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
City of Saratoga Independent Contractor Agreement Page 2 of 23
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6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson, City Manager
("Administrator"). The Administrator has complete authority to receive
information, interpret and define City's policies consistent with this
Agreement, and communicate with Contractor concerning this Agreement.
All correspondence and other communications shall be directed to or
through the Administrator or his or her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express 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 telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party hereto,
by giving ten (10) days written notice to the other, may designate any other
address as substitution of the address to which the notice or communication
shall be given. Notices or communications shall be given to the Parties at
the addresses set forth below until specified otherwise in writing:
Notices to Contractor shall be sent to:
City of Saratoga Independent Contractor Agreement Page 3 of 23
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Laserfiche Scanning Services
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Jim Detrick
President
Peelle Technologies
197 East Hamilton Avenue
Campbell, CA 95008
Tel: 1-800-233-5006
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall
City of Saratoga Independent Contractor Agreement Page 4 of 23
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City of Saratoga Independent Contractor Agreement Page 5 of 23
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.
CITY OF SARATOGA,
a municipal corporation
By: ___________________________
Dave Anderson,
City Manager
Date: _________________________
CONTRACTOR:
Peelle Technologies
By: __________________________
Jim Detrick,
President
Date: ________________________
APPROVED AS TO FORM:
By:_______________________________
Richard Taylor
City Attorney
Date:___________________
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit B-1 -- Rate Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
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EXHIBIT A
SCOPE OF WORK
Upon the request of the Administrator or his or her designee, the City
will require the contractor to perform services which include, but are
not necessarily limited to:
Retrieve and transport records identified by the City to the
Contractor’s facility and convert the records to a laser fiche format at
a minimum of 300dpi for documents and 400 dpi for maps and plans.
This will include:
• Document Preparation
• Special handling of older or degraded documents
• Document Scanning at optimal dpi, and settings for letter and legal
size, large and extra large formats, microfiche in 16 and 32
formats, color and grayscale formats etc
• Document Indexing: The City will provide explicit index criteria for
the images
• OCR-ing of all documents and ‘tagging’ searchable information
onto non-OCR-able scans as directed
• Creation of CD masters and duplicates
• Emergency/urgent retrieval of documents on request by the City
• Return all documents to the City in their original state
City of Saratoga Independent Contractor Agreement Page 6 of 23
Exhibit A – Scope of Work
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION City shall pay Contractor at the
rates set forth on the attached rate schedule, Exhibit B-1. The total
compensation (including equipment, supply, and expense costs)
pursuant to Exhibit A – Scope of Work of this Agreement shall not exceed
One Hundred and Thirty Five Thousand Eight Hundred and Seventy
Six ($135,876)
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for
work performed prior to the invoice date. Hourly Rates schedule is shown
on Exhibit B-1. Invoices shall be sent to the City no later than the 15th of
the month following the month term being invoiced for. Invoices shall
contain the following information:
i. Serial identifications of bills for each applicant/project,
i.e. Invoice No.1 on each individual invoice sheet.
ii. Reference the City’s application number per
applicant/project (as identified on the City transmittal
cover sheets) on each individual invoice sheet.
iii. The beginning and ending dates of the billing period on
each individual invoice sheet.
iv. A summary cover sheet containing the total contract
amount, the amount of prior billings, the total due this
period, and the remaining balance available for all
remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
City of Saratoga Independent Contractor Agreement Page 7 of 23
Exhibit B – Payment
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EXHIBIT B-1
RATE SCHEDULE
City of Saratoga Independent Contractor Agreement Page 8 of 23
Exhibit B-1 – Rate Schedule
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EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's
use while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City.
In no event shall City be obligated to furnish any facility which may
involve incurring any direct expense, including, but not limiting the
generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities. Contractor
shall not use such services, premises, facilities, supplies or equipment
for any purpose other than in the performance of Contractor's obligations
under this Agreement.
City of Saratoga Independent Contractor Agreement Page 9 of 23
Exhibit C – Facilities and Equipment
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the
term of this Agreement, Contractor shall be an independent contractor
and shall not be an employee of City. Contractor shall complete
the Scope of Work hereunder in accordance with currently approved
methods and practices in Contractor's field. City shall have the
right to control Contractor only with respect to specifying the results
to be obtained from Contractor pursuant to this Agreement. City
shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall
be construed as limiting the right of Contractor to engage in
Contractor profession separate and apart from this Agreement so
long as such activities do not interfere or conflict with the
performance by Contractor of the obligations set forth in this
Agreement. Interference or conflict will be determined at the sole
discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged in the geographical area in
which Contractor practices its profession. All work product of
whatsoever nature which Contractor delivers to City pursuant to this
Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor’s profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for
satisfactory performance of Contractor's obligations pursuant to this
Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in
writing, Contractor shall have no authority, express or implied, to act on
behalf of City in any capacity whatsoever as an agent. Contractor shall
have no authority, express or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
City of Saratoga Independent Contractor Agreement Page 10 of 23
Exhibit D – General Provisions
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5. BENEFITS AND TAXES Contractor shall not have any
claim under this Agreement or otherwise against City for seniority,
vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance, medical care, hospital care, insurance benefits, social
security disability, unemployment, workers compensation or employee
benefits of any kind. Contractor shall be solely liable for and obligated
to pay directly all applicable taxes, including, but not limited to,
federal and state income taxes, and in connection therewith
Contractor shall indemnify and hold City harmless from any and
all liability that City may incur because of Contractor’s failure to
pay such taxes. City shall have no obligation whatsoever to pay or
withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement
may assign any right or obligation pursuant to this Agreement. Any
attempted or purported assignment of any right or obligation pursuant to
this Agreement shall be void and of no effect. However, with the consent
of the City given in writing, Contractor is entitled to subcontract such
portions of the work to be performed under this Agreement as may be
specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent
personnel to complete the Scope of Work pursuant to this
Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the removal of
any such persons, Contractor shall, immediately upon receiving
notice from city of such desire of City, cause the removal of
such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control
Act of 1986. Failure to provide the necessary documentation
will result in the termination of the Agreement as required by
the Immigration Reform and Control Act of 1986.
c. Prevailing Wages. This is a public works contract within the
meaning of Part 7 of Division 2 of the California Labor Code
(Sections 1720 et seq.). In accordance with California Labor
Code Section 1771, all contractors and subcontractors on this
City of Saratoga Independent Contractor Agreement Page 11 of 23
Exhibit D – General Provisions
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public work project shall pay not less than current prevailing
wage rates as determined by the California Department of
Industrial Relations (“DIR”). Pursuant to Section 1773 of the
California Labor Code, the City has obtained the general
prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes in the City of
Saratoga, a copy of which is on file at 13777 Fruitvale Avenue,
Saratoga, California at the office of the Public Works Director,
and shall be made available for viewing to any interested party
upon request.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the
best of the Contractor’s knowledge and belief, there are no
relevant facts or circumstances which could give rise to a
conflict of interest on the part of Contractor, or that the
Contractor has already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an
actual or potential conflict of interest on the part of Contractor
is discovered after award, the Contractor will make a full
disclosure in writing to the City. This disclosure shall include a
description of actions, which the Contractor has taken or
proposes to take, after consultation with the City to avoid,
mitigate, or neutralize the actual or potential conflict. Within
45 days, the Contractor shall have taken all necessary steps to
avoid, mitigate, or neutralize the conflict of interest to the
satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have
any pecuniary interest, direct or indirect, in this Agreement or
the proceeds thereof. Neither Contractor nor any member of
any Contractor’s family shall serve on any City board or
committee or hold any such position which either by rule,
practice or action nominates, recommends, or supervises
Contractor's operations or authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall take reasonable care to observe
and comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and
City of Saratoga Independent Contractor Agreement Page 12 of 23
Exhibit D – General Provisions
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all laws, ordinances, codes and regulations of governmental
agencies, (including federal, state, municipal and local
governing bodies) applicable to the performance of the Scope of
Work hereunder, including, but not limited to, all provisions of
the Occupational Safety and Health Act of 1979 as amended.
b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for
Contractor to practice its profession. Contractor represents and
warrants to City that Contractor shall, at its sole cost and
expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are
legally required for Contractor to practice its profession. In
addition to the foregoing, Contractor shall obtain and maintain
during the term hereof a valid City of Saratoga Business
License.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another
entity, Contractor shall comply with all applicable rules and
regulations to which City is bound by the terms of such fiscal
assistance program.
d. Drug-free Workplace. Contractor and Contractor’s employees
and subcontractors shall comply with the City's policy of
maintaining a drug-free workplace. Neither Contractor nor
Contractor’s employees and subcontractors shall unlawfully
manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including
marijuana, heroin, cocaine, and amphetamines, at any facility,
premises or worksite used in any manner in connection with
performing services pursuant to this Agreement. If Contractor
or any employee or subcontractor of Contractor is convicted or
pleads nolo contendere to a criminal drug statute violation
occurring at such a facility, premises, or worksite, the
Contractor, within five days thereafter, shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees
that Contractor will comply with Title VII of the Civil Rights Act
of 1964 and other laws prohibiting discrimination and that no
person shall, on the grounds of race, creed, color, disability,
sex, sexual orientation, national origin, age, religion, Vietnam
era veteran's status, political affiliation, or any other non-merit
factors be excluded from participating in, be denied the benefits
of, or be otherwise subjected to discrimination under this
City of Saratoga Independent Contractor Agreement Page 13 of 23
Exhibit D – General Provisions
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Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to
this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon
termination of this Agreement.
b. Retention of Records. Until the expiration of five years after
the furnishing of any services pursuant to this Agreement,
Contractor shall retain and make available to the City or any
party designated by the City, upon written request by City, this
Agreement, and such books, documents and records of
Contractor (and any books, documents, and records of any
subcontractor(s)) that are necessary or convenient for audit
purposes to certify the nature and extent of the reasonable cost
of services to City.
c. Use of Recycled Products. Contractor shall prepare and
submit all reports, written studies and other printed material
on recycled paper to the extent it is available at equal or less
cost than virgin paper.
d. Professional Seal. Where applicable in the determination of
the contract administrator, the first page of a technical report,
first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by
the licensed professional responsible for the report/design
preparation. The stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/design
responsibility" as per the sample below.
______________________________
Seal and Signature of Registered
Professional with report/design responsibility.
City of Saratoga Independent Contractor Agreement Page 14 of 23
Exhibit D – General Provisions
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11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing
this Agreement in trust and confidence and will not reveal such
confidential information to any person or entity, either during the term of
the Agreement or at any time thereafter. Upon expiration of this
Agreement, or termination as provided herein, Contractor shall return
materials which contain any confidential information to City. Contractor
may keep one copy for its confidential file. For purposes of this
paragraph, confidential information is defined as all information
disclosed to Contractor which relates to City's past, present, and future
activities, as well as activities under this Agreement, which information is
not otherwise of public record under California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to
City officers and employees, or to parties designated by the City, on
account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes to the extent
predicated on active or passive negligence of the Contractor or of any
subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation
costs, defense costs, court costs or any other cost to the extent arising
out of or in any way related to the negligent performance of this
Agreement. Accordingly, the provisions of this indemnity provision are
intended by the parties to be interpreted and construed to provide the
fullest protection possible under the law to the City. Contractor
acknowledges that City would not enter into this agreement in the
absence of the commitment of Contractor to indemnify and protect City
as set forth below.
a. Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its
employees, agents and officials, from any liability, claims, suits,
actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs (including,
without limitation, costs and fees of litigation) of any kind
whatsoever without restriction or limitation, incurred in relation to,
as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part, to the
performance of this Agreement. All obligations under this
City of Saratoga Independent Contractor Agreement Page 15 of 23
Exhibit D – General Provisions
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provision are to be paid by Contractor as they are incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City
under any provision of this agreement or this section, Contractor
shall not be required to defend, indemnify and hold harmless City
as set forth above for liability attributable to the active negligence,
sole negligence, or willful misconduct of City, provided such active
negligence, sole negligence, or willful misconduct is determined by
agreement between the parties or the findings of a court of
competent jurisdiction.
c. Scope of Contractor Obligation. The obligations of Contractor
under this or any other provision of this Agreement will not be
limited by the provisions of any workers' compensation act or
similar act. Contractor expressly waives its statutory immunity
under such statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or
any other person or entity involved by, for, with or on behalf of
Contractor in the performance or subject matter of this Agreement.
In the event Contractor fails to obtain such indemnity obligations
from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
e. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of
Section 2782 of the Civil Code the parties hereto recognize and
agree that this Agreement is not a construction contract. By
execution of this Agreement, Contractor acknowledges and agrees
that it has read and understands the provisions hereof and that
this paragraph is a material element of consideration. City
approval of the insurance contracts required by this Agreement
does not relieve the Contractor or subcontractors from liability
under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in
Exhibit E. The cost of such insurance shall be included in the
City of Saratoga Independent Contractor Agreement Page 16 of 23
Exhibit D – General Provisions
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Contractor’s bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an
event of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving
notice of such breach, if the breach is such that the City
determines the health, welfare, or safety of the public is
immediately endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of
receiving notice of such breach, if the breach is such that the
City determines that the health, welfare, or safety of the
public is not immediately endangered, provided that if the
nature of the breach is such that the City determines it will
reasonably require more than fifteen (15) days to cure,
Contractor shall not be in default if Contractor promptly
commences the cure and diligently proceeds to completion of
the cure.
b. Remedies upon default. Upon any Contractor default, City
shall have the right to immediately suspend or terminate the
Agreement, seek specific performance or contract with another
party to perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any
default hereunder shall not constitute a waiver of any other
rights hereunder or any right to seek any remedy for any
subsequent default.
16. TERMINATION Either party may terminate this Agreement with
or without cause by providing 10 days notice in writing to the other
party. The City may terminate this Agreement at any time without prior
notice in the event that Contractor commits a material breach of the
terms of this Agreement. Upon termination, this Agreement shall
become of no further force or affect whatsoever and each of the parties
hereto shall be relieved and discharged here-from, subject to payment for
acceptable services rendered prior to the expiration of the notice of
termination. Notwithstanding the foregoing, the provisions of this
Agreement concerning retention of records, City's rights to material
City of Saratoga Independent Contractor Agreement Page 17 of 23
Exhibit D – General Provisions
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produced, confidential information, consultant's responsibility,
indemnification, insurance, dispute resolution, litigation, and jurisdiction
and severability shall survive termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort
to settle any dispute or claim arising under this Agreement. If the parties
fail to resolve such disputes or claims, they shall submit them to non-
binding mediation in California at shared expense of the parties for at
least 8 hours of mediation. If mediation does not arrive at a satisfactory
result, arbitration, if agreed to by all parties, or litigation may be
pursued. In the event any dispute resolution processes are involved,
each party shall bear its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing
party in such action shall be entitled to its reasonable attorneys’ fees and
costs whether or not such action is prosecuted to judgement.
19. JURISDICTION AND SEVERABILITY This Agreement
shall be administered and interpreted under the laws of the State of
California. Jurisdiction of litigation arising from this Agreement shall be
in that state and venue shall be in Santa Clara County, California. If any
part of this Agreement is found to conflict with applicable laws, such part
shall be inoperative, null and void insofar as it conflicts with said laws,
but the remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the
City will request that work product provided by Contractor under this
Agreement be supplemented or continued by Contractor under a new
agreement following expiration or termination of this Agreement.
Contractor waives all rights or claims to notice or hearing respecting any
failure by City to continue to request or retain all or any portion of the
work product from Contractor following the expiration or termination of
this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for
the benefit of the parties executing this Agreement and not for the benefit
of any other individual, entity or person.
City of Saratoga Independent Contractor Agreement Page 18 of 23
Exhibit D – General Provisions
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City of Saratoga Independent Contractor Agreement Page 19 of 23
Exhibit D – General Provisions
22. WAIVER Neither the acceptance of work or payment for work
pursuant to this Agreement shall constitute a waiver of any rights or
obligations arising under this Agreement. The failure by the City to
enforce any of Contractor’s obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter.
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EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have
an “X” indicated in the space before the requirement apply to
Contractor’s Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of
Insurance complete with copies of all required endorsements to:
Administrative Services Officer, City of Saratoga, 13777 Fruitvale
Avenue, Saratoga, CA 95070.
Contractor shall furnish City with copies of original endorsements
affecting coverage required by this Exhibit E. The endorsements are to
be signed by a person authorized by that insurer to bind coverage on its
behalf. All endorsements and certificates are to be received and
approved by City before work commences. City has the right to require
Contractor’s insurer to provide complete, certified copies of all required
insurance policies, including endorsements affecting the coverage
required by these specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $2,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE",
or other comparable wording, is not contained in
Contractor's liability insurance policy, an endorsement must
be provided that said insurance will be primary insurance
and any insurance or self-insurance maintained by City, its
officers, employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $2,000,000 combined single limit for bodily injury and
property damage
City of Saratoga Independent Contractor Agreement Page 20 of 23
Exhibit E - Insurance
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___ $ ____________ per person/$__________ per accident for bodily
injury
___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and
property damage
___ Garage keepers extra liability endorsement to extend
coverage to all vehicles in the care, custody and control of
the consultant, regardless of where the vehicles are kept or
driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
X $1,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three-year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right
of subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section
1861 of the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial
General/Business Liability coverage naming the City of Saratoga,
its officers, employees and agents as additional insured.
City of Saratoga Independent Contractor Agreement Page 21 of 23
Exhibit E - Insurance
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(NOTE: additional insured language on the Certificate of Insurance
is NOT acceptable without a separate endorsement such as Form
CG 20 10)
X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE:
the following words must be crossed out or deleted from the
standard cancellation clause: ". . . endeavor to . . ." AND ". . . but
failure to mail such notice shall impose no obligation or liability of
any kind upon the company, its agents or representatives."
All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials and employees; or (2)
the Contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of
the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special
limitations on the scope of the protection afforded to the City,
its officers, officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
City of Saratoga Independent Contractor Agreement Page 22 of 23
Exhibit E - Insurance
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City of Saratoga Independent Contractor Agreement Page 23 of 23
Exhibit E - Insurance
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: Saratoga Ave and Fruitvale Ave Overlay and Rehabilitation Project ESPL-5332(015)
– Award of Construction Contract.
RECOMMENDED ACTION:
1. Move to declare G. Bortolotto & Company, Inc. of San Carlos to be the lowest responsible bidder on
the project.
2. Move to award a construction contract to G. Bortolotto & Company, Inc. in the amount of
$143,439.39
3. Move to authorize staff to execute change orders to the contract up to $25,000.
REPORT SUMMARY:
On February 10, 2009 the United States Senate passed an $838 billion economic recovery bill, The
American Recovery and Reinvestment Act (ARRA). Subsequently, Public Works staff applied for and
received approval for Tier 2 ARRA funds for dig out rehabilitation work on Saratoga Avenue and
Fruitvale Ave in the amount of $137,160. The limits of the Tier 2 project on Saratoga Ave are between
Lutheria Way to Shadow Oaks Way and Between Herritage Creek Ct to Rossmere Ct. The limits of the
Tier 2 project on Fruitvale Ave are between Saratoga Ave to Burgundy Way. The scope of work includes
furnishing all materials, equipment, and labor to perform dig out rehabilitation work and re-stripe
segments of Saratoga Ave and Fruitvale Ave. This work will complete the entire necessary dig out
rehabilitation work on Saratoga Ave and Fruitvale Ave.
Sealed bids for the Saratoga Ave and Fruitvale Ave Overlay and Rehabilitation Project were opened on
Monday, June 7th. A total of seven contractors submitted bids and a summary of the bids received is
attached (Attachment 1). G. Bortolotto & Company, Inc. of San Carlos submitted the lowest responsible
bid of $143,439.39 which is 5.3% below the Engineer’s Estimate of $151,454.20. Bid amounts were
competitive and quite favorable because of the economy. 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 May 12th, 2010.
Further, it is recommended that the Council authorize staff to execute change orders to the contract up to
an amount of $25,000 to cover any unforeseen circumstances and address additional work, which may
arise during the course of the project.
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FISCAL IMPACTS:
The American Recovery and Reinvestment Act of 2009 does not require a local match and the grant will
fund $137,160 of projects costs. The remaining balance of $6,279.39 and the recommended change order
amount of $25,000 will be funded from the City’s Street Maintenance Fund.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
G. Bortolotto & Company, Inc. will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare another
bidder to be the lowest responsible bidder, and must award the project due to the ARRA regional
deadline of June 30th 2010.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as
soon as possible, and be completed by within 20 working days.
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 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 and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
1. Bid Summary
2. Contract.
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Request for waiver of City fees related to July 4, 2010
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
At its April 19, 2010 Budget Study Session, the Council directed staff to include the following funding
allocations for community events in the FY 2010/11 budget:
EVENT: ALLOCATION
:
Annual Tree Lighting $3,600
Mustard Faire $4,000
Art & Wine Festival $5,000
Unspecified Events $2,500
Sub-total $15,100
Arbor Day Celebration $ 100
City-wide Garage Sale $5,000
City Ceremonies $ 500
Sub-total $5,600
TOTAL $20,700
These funding allocations were included in the 2010/11 budget, which was adopted by the City
Council.
Staff was also directed to schedule requests for allocation of the “Unspecified Events” category
before the Council.
Organizers of the July 4, 2010 event have requested waiver of the banner ($600) and special event ($100)
fees. With Council concurrence, a total of $700 would be allocated from the “Unspecified Events”
category of community events funding to reimburse the Recreation and Community Development
Departments for these fees.
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FISCAL IMPACTS:
If Council agrees to waive the fees listed above, $600 would be allocated to the Recreation & Facilities
Department and $100 would be allocated to the Community Development Department from the
Unspecified Community Events account.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
July 4th organizers would have to pay for the above listed City fees.
ALTERNATIVE ACTION:
The Council could decide to waive a portion or all of the City fees listed above.
FOLLOW UP ACTION:
Undertake 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:
N/A
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: Extension of Existing Traffic Signal Maintenance Contract with Republic ITS for
Two Years
RECOMMENDED ACTION:
Extend the existing contract with Republic ITS for monthly maintenance and on-call repair of Saratoga
traffic signals for two additional years.
REPORT SUMMARY:
Currently, the City’s traffic signals are maintained on a monthly basis by Republic ITS per a defined
maintenance schedule (see attached 1 existing contract). The current contract also provides for on-call
repair and service of the traffic signals when the need arises, or when the signal trouble is beyond the scope
of monthly maintenance. Republic ITS agreed to keep their current rates they charge the City for two year
term of the contract extension. This contract extension will be the second amendment to the original
agreement. The first amendment extended the contract for the term July 1st, 2008 thru June 30, 2010 (see
attachment 2 Contract Amendment 2008-2010).
Republic ITS to date has been very responsive to service calls, and the work rendered has always been of a
very high level of quality. Further, Republic ITS as a company possesses great expertise in areas of signal
design, infrastructure-related electrical work, and traffic signal timing and control. This experience has
proven invaluable with numerous traffic signal-related problems over the duration of the present contract.
It is therefore recommended that the traffic signal maintenance contract be extended with Republic ITS for
the period of July 1st, 2010 thru June 30, 2012 (see attachment 3 Contract Amendment 2010-2012).
FISCAL IMPACTS:
Funding for this work is programmed in the adopted annual budget for traffic signal maintenance. The
budget contains sufficient funds to cover the contract amount.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The existing contract with Republic ITS will not be extended, and traffic signal maintenance would not
continue at this time.
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ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
An extension to the existing maintenance contract will be executed with Republic ITS.
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 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 and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
1. Existing Traffic Signal Maintenance Contract with Republic ITS
2. Saratoga Traffic Signal Contract Amendment 2008-2010
3. Saratoga Traffic Signal Contract Amendment 2010-2012
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City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement
Page 1 of 4
CITY OF SARATOGA
AMENDMENT TO
INDEPENDENT CONTRACTOR AGREEMENT
THIS Amendment Agreement is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and REPUBLIC ITS., ("Contractor"),
who agree as follows:
WHEREAS, City and Contractor entered into an independent contractor agreement dated
July 1, 2006 (“Original Agreement”) and amended the agreement by an amendment signed
by the City Manager on January 27, 2009 (“First Amended Agreement”); and
WHEREAS, City and Contractor wish to amend the First Amended Agreement in order to
change the term and total payment amount.
NOW THEREFORE, the parties hereto agree as follows:
1. Amended Term. The term of the Agreement commenced on July 1, 2006 will
extend through June 30th, 2012 or the completion of the project, whichever occurs
first, unless it is extended by written mutual agreement between the parties,
provided that the parties retain the right to terminate this Agreement as provided in
Exhibit D to the Original Agreement.
2. Amended Payment Terms. The payment terms included in Exhibit B-1 to the First
Amended Agreement are hereby replaced in their entirety supplemented with the
payment terms attached as Exhibit B-2 to this Amendment.
- Continued Next Page-
404
City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
City of Saratoga: Contractor:
By:
_____________________________
Dave Anderson, City Manager
__________
Date
By:
___________________________
James Wagner
VP Engineering
_________
Date
Attest:
_____________________________
Ann Sullivan, City Clerk
__________
Date
Approved as to Form :
_____________________________
Richard S. Taylor, City Attorney
__________
Date
Attachment:
Exhibit B-2 --- Payment Terms
405
City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement: Exhibit B-2
Page 3 of 4
EXHIBIT B-2
PAYMENT TERMS
1. TOTAL COMPENSATION In addition for furnishing said labor,
materials and equipment, pursuant to Exhibit A-1, Paragraphs 2 and 3
(preventative maintenance) of first Amended Agreement, Contractor shall receive
from the City the sum of Ninety-Five Dollars ($95.00) per month for each
signalized intersection.
In consideration for furnishing labor, materials and equipment pursuant to Exhibit
A-1, Paragraph 4, of the First Amended Agreement Contractor shall receive the
invoice cost of materials plus 20% and its then current labor rates. Equipment
rental rates shall be the rates specified in the California Department of
Transportation publication entitled Labor Surcharge and Equipment Rental Rates
that is in effect at the time the work is performed plus 15%.
The total sum for fiscal year 2010-2011 for the routine maintenance work product
to be provided by the contractor pursuant to this Agreement (including
reimbursable expenses) shall not exceed $20,000. The total sum which City shall
pay the in fiscal year 2010-2011 for the response maintenance work product to be
provided by Contractor pursuant to this Agreement (including reimbursable
expenses) shall not exceed $40,000.
The total compensation for the Fiscal Year 2011-2012 will be determined as per
the City of Saratoga’s adopted budget for Fiscal Year 2011-2012.
Labor Hourly Rate Schedule
Electrician Foreman $ 96.85
Labor/Electrician $ 88.00
Labor/Electrician (Overtime) $155.00
Equipment Hourly Rate Schedule
Bucket Truck $ 22.00
Mobile Crane $ 65.00
Compressor $ 18.00
Arrow-board $ 15.00
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City of Saratoga
Republic ITS: Second Amendment to Agreement
Amendment to Agreement: Exhibit B-2
Page 4 of 4
Engineering Fee Schedule
Principal Engineer $195.00 per hour
Senior Engineer $175.00 per hour
Associate Engineer $150.00 per hour
Staff Engineer $125.00 per hour
Senior Engineering Assistant $115.00 per hour
Engineering Assistant $105.00 per hour
CAD Operator $75.00 per hour
Clerical $75.00 per hour
Reproductions Cost plus 15%
2. INVOICES Contractor shall submit invoices, not more often than once
a month during the term of this Agreement, based on the cost for work performed
and reimbursable expenses incurred prior to the invoice date. Invoices shall
contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount of
prior billings, the total due this period, and the remaining balance
available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based on
such invoices, for satisfactory progress in completion of the Scope of Work, and
for authorized reimbursable expenses incurred.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in Exhibit
A-1 to the First Amended Agreement.
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Transcript of SASCC Funding Request at May 19, 2010 Council Meeting
RECOMMENDED ACTION:
Accept report, review attached transcript, and approve attached minutes for the May 19, 2010
Regular City Council Meeting as originally submitted on the June 2, 2010 Council Meeting
Agenda.
REPORT SUMMARY:
At the June 2, 2010 City Council meeting, Councilmember Miller requested to remove Item 5.
City Council Meeting Minutes – May 19, 2010, from the Consent Calendar for clarification.
Councilmember Miller questioned the motion made regarding the funding request for a Matching
Grant for Saratoga Area Senior Coordinating Council (SASCC) and whether the Matching Grant
was intended to be directed towards rebuilding the nexus of SASCC’s endowment or for
operating expenses.
Council requested the City Clerk to watch the May 19, 2010, meeting video pertaining to this
discussion and motion, and provide a transcript of the discussion and motion.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain May 19, 2010 City Council meeting minutes for legislative history.
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ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A – Minutes from May 19, 2010 Regular Council Meeting.
Attachment B – Transcript of SASCC funding request discussion at the May 19, 2010 City
Council meeting.
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MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
MAY 19, 2010
The City Council held a Joint Meeting with the Los Gatos-Saratoga Union High School
District and Saratoga Union Elementary District in the Administrative Conference Room
at 5:30 p.m.
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Existing Litigation: Government Code Section 54956.9
(a)): (1 case) City of Saratoga v. PG&E et al., (Santa Clara County Superior Court Case
No.1-08-CV-124267)
MAYOR’S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information from the Closed Session held
prior to the Regular Council meeting.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Chuck Page, Howard Miller, Vice Mayor Jill
Hunter and Mayor Kathleen King
ABSENT: Vacant (Susie Nagpal)
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Crystal Morrow, Administrative Analyst II
REPORT OF CITY CLERK ON POSTING OF AGENDA
Mayor Kathleen King reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of May 19, 2010 was properly posted on May 13, 2010.
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COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Mayor King noted the representatives from the Los Gatos-Saratoga Union High School
District and Saratoga Union Elementary District would provide a report of their 5:30 p.m.
joint meeting with the City Council at a later meeting in June.
COUNCIL DIRECTION TO STAFF
None at this time.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
COUNCIL DIRECTION TO STAFF
None
With the concurrence of the Council, Mayor King moved on to the Ceremonial Items.
After the Ceremonial Items was completed, Mayor King moved on to the Announcement
section of the agenda.
ANNOUNCEMENTS
Vice Mayor Hunter noted the Memorial Service in memory of Susie Ngpal will be held
on May 31st at Villa Montalvo from 4PM to 6PM.
Councilmember Page noted that due to limited parking at Villa Montalvo, a shuttle
service would be available at West Valley College to Villa Montalvo. He added that a
Blood Drive in honor of Councilmember Susie Nagpal was scheduled for June 8, 2010,
from 12:00PM to 6:00PM at Saratoga Federated Church and appointments are required to
donate blood. Appointments can be made online at www.redcrossblood.org or by calling
the American Red Cross at 1-800-GIVE-LIFE.
Councilmember Page also noted his wife’s birthday was today and wished his wife a
happy birthday.
Mayor King noted that City Councils from many of the Santa Clara County cities have
been reaching out to the Saratoga community conveying their condolences to the family
of Councilmember Susie Nagpal. In addition, many of the cities are asking for a
moment of silence at their respective council meetings and/or sending letters of
condolences.
CEREMONIAL ITEMS
1. COMMENDATION HONORING DEBI SNYDER – SARATOGA AREA
SENIOR COORDINATING COUNCIL (SASCC) EMPLOYEE
STAFF RECOMMENDATION:
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Read and present commendation.
Mayor King read and presented the commendation to Debbie Snyder.
2. PROCLAMATION HONORING “NATIONAL FOSTER CARE – MONTH OF
MAY 2010”
STAFF RECOMMENDATION:
Read and present proclamation.
Mayor King read and presented the proclamation to Lisa Traxler, a Saratoga foster
parent. Ms. Traxler was accompanied by her foster child, Jamie.
SPECIAL PRESENTATIONS
3. VTA GOVERNANCE PRESENTATION
STAFF RECOMMENDATION:
Listen to a short presentation by Chris Moylan, Vice Mayor, City of Sunnyvale, on
Valley Transportation Authority (VTA) Governance.
Mayor King announced that Chris Moylan, Vice Mayor of the City of Sunnyvale,
notified the City Clerk earlier on this day noting that he was cancelling his
presentation.
Mayor King moved on to the Consent Calendar section on the agenda.
CONSENT CALENDAR
No one requested to speak on any items on the Consent Calendar.
4. CITY COUNCIL MEETING MINUTES – MAY 5, 2010
STAFF RECOMMENDATION:
Approve minutes.
PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES – MAY 5, 2010. MOTION APPROVED 4-0-Vacant.
5. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
April 29, 2010
May 06, 2010
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PAGE/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: APRIL 29,
2010. MOTION PASSED 4-0-Vacant.
6. ADOPTION OF ORDINANCE AMENDMENT TO CITY CODE ARTICLE 4-5
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
STAFF RECOMMENDATION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Massage Establishments and Massage Practitioners Ordinance related
to City Code Article 4-55.
ORDINANCE NO. 278
PAGE/MILLER MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE AMENDING THE MASSAGE ESTABLISHMENTS AND
MASSAGE PRACTITIONERS ORDINANCE RELATED TO CITY CODE
ARTICLE 4-55. MOTION PASSED 4-0-Vacant.
7. ADOPTION OF ORDINANCE AMENDING THE ZONING REGULATIONS
RELATED TO CITY CODE ARTICLE 15-47 -WATER EFFICIENT
LANDSCAPE ORDINANCE
STAFF RECOMMENDATION:
Waive the Second Reading and adopt the Ordinance amending the Zoning
Regulations related to City Code Article 15-47 - Water Efficient Landscape
Ordinance.
ORDINANCE NO. 279
PAGE/MILLER MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED
TO CITY CODE ARTICLE 15-47 - WATER EFFICIENT LANDSCAPE
ORDINANCE. MOTION PASSED 4-0-Vacant.
8. HISTORICAL PARK LANDSCAPE IMPROVEMENT PROJECT – BUDGET
AMENDMENT
STAFF RECOMMENDATION:
Approve Budget Resolution.
RESOLUTION NO. 10-024
PAGE/MILLER MOVED TO APPROVE BUDGET RESOLUTION. MOTION
PASSED 4-0-Vacant.
9. CITYWIDE SIGNAL UPGRADE PROJECT PHASE I– AWARD OF
CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
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1. Move to declare Guerra Construction of San Jose to be the lowest responsible
bidder on the project
2. Move to award a construction contract to Guerra Construction in the amount of
$188,305 and authorize the City Manager to execute the same.
3. Move to authorize the staff to issues change orders to the contract up to $23,000.
PAGE/MILLER MOVED TO 1.) DECLARE GUERRA CONSTRUCTION OF
SAN JOSE TO BE THE LOWEST RESPONSIBLE BIDDER ON THE
PROJECT; 2.) MOVE TO AWARD A CONSTRUCTION CONTRACT TO
GUERRA CONSTRUCTION IN THE AMOUNT OF $188,305 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND 3.)
AUTHORIZE THE STAFF TO ISSUES CHANGE ORDERS TO THE
CONTRACT UP TO $23,000. MOTION PASSED 4-0-Vacant.
.
Mayor King suggested moving to Item 14 at this time. Council concurred.
PUBLIC HEARINGS
10. FISCAL YEAR 2010/11 PROPOSED OPERATING & CAPITAL BUDGET
PUBLIC HEARING
STAFF RECOMMENDATION:
Conduct a public hearing on the proposed FY 2010/11 Operating & Capital Budget,
and provide direction to staff for budget adoption on June 2, 2010.
Mary Furey, Administrative Services Director, presented the staff report.
Director Furey proceeded to provide a report on the proposed FY 2010/11 Operating
Budget. She then continued to provide a report on the proposed Capital
Improvements of the FY 2010/11 Budget and asked if Council had any specific
questions regarding the proposed Capital Improvements.
At this time, Mayor King announced she would recuse herself from Council
discussion on the Canyon View storm drain item due to the fact that she lived within
500 feet of that item. Mayor King stated she would turn this portion of the meeting
over to Vice Mayor Hunter for this specific item. Mayor King left the Dias and
chambers at 9:06 p.m.
Vice Mayor Hunter opened the public hearing for comment on the Canyon View
Project in the Capital Improvement portion of the public hearing.
No one requested to speak on this item.
Vice Mayor Hunter closed the public hearing comment on this specific item.
MILLER/PAGE MOVED TO APPROVE THE CANYON VIEW PROJECT ON
THE PROPOSED FY 2010/11 OPERATING & CAPITAL BUDGET. MOTION
PASSED 3-0-1 WITH MAYOR KING RECUSED and Vacant.
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Mayor King returned to the Dias to continue discussion on the remainder of the
proposed FY 2010/11 Budget and Capital Improvements.
Mayor King opened the public hearing and invited public comment on the remainder
of the budget public hearing.
The following people requested to speak on the remainder of the FY 2010/11 Budget
and Capital Improvements:
Ann Waltonsmith addressed the Council regarding the financial difficulties facing the
Saratoga Area Senior Citizens Council (SASCC) and asked Council to consider a
challenge grant in the amount of $50,000 to assist with SASCC’s financial needs. She
noted that SASCC has prepared a letter to send to all Saratoga households asking for
monetary support to help sustain SASCC’s programs, adding that any funds the
Council could provide would be used to urge citizens to match the granted funds. She
concluded by thanking Council for their consideration of this request.
Kathleen Casey requested to speak on this item.
City Manager Dave Anderson responded to Ms. Casey’s comments regarding the
purchase a Mid Peninsula parcel of land.
City Manager Dave Anderson responded to Ms. Casey’s comments regarding Hakone
Gardens.
No one else requested to speak on this item.
Mayor King closed the public comment period.
Councilmember Miller thanked the staff for all their voluntary reductions in salary
and work hours in order to present a balanced budget to the Council and noted he
would support the proposed budget.
Councilmember Page also thanked staff for their efforts to help present a balanced
budget and noted he supported the proposed budget.
Vice Mayor Hunter thanked the staff for all their efforts and appreciates the personal
cuts staff has taken in order to present a balanced budget and noted she supports the
proposed budget.
Mayor King commended staff for all their voluntary reductions in hours and salary
and noted she supports the proposed budget.
Mayor King also commented on the $50,000 challenge grant request to support
SASCC’s programs and suggested that Council consider this request with the
allocation of some funding from the undesignated funds in order to help SASCC raise
additional funding through there challenge grant letter.
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Vice Mayor Hunter stated that $50,000 is a large monetary request and feels there
should be a specific reason noted in the SASCC letter for what this money would be
used for.
Councilmember Page also felt a tangible reason should be noted as to what the
requested funds would be used for.
Councilmember Miller stated that he supported providing funding assistance to help
SASCC maintain their services to the community; however, he felt that SASCC
should provide a presentation at a future council meeting outlining their future plans
in a more detailed manner.
Councilmember Page recommended allocating $25,000 from Council’s discretionary
unallocated fund and another $5,000 from other funds for a total of $30,000.
KING/MILLER MOVED TO SUPPORT A CHALLENGE GRANT OF $30,000
ALLOCATING $25,000 FROM THE CONTINGENCY FUND AND AN
ADDITIONAL $5,000 FROM UNDESIGNATED FUNDS FOR A TOTAL OF
$30,000 – A ONE DOLLAR FOR ONE DOLLAR CHALLENGE GRANT TO
BE NOTED IN THE SASCC LETTER AND THAT THE LETTER BE
WRITTEN IN A LARGER FONT. MOTION PASSED 4-0-Vacant.
COUNCIL DIRECTION:
Staff should bring this item back for adoption at the next regular council meeting and
agendize a presentation from SASCC at the July 21, 2010 Joint Meeting describing in
more detail how the funds would be used.
11. HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF
NECESSITY (EMINENT DOMAIN) FOR ACQUISITION OF AN
ADDITIONAL EASEMENT IN PACIFIC GAS & ELECTRIC RIGHT OF
WAY FOR JOE’S TRAIL AT SARATOGA DE ANZA
STAFF RECOMMENDATION:
Adopt a Resolution of Necessity making the appropriate findings and authorizing an
amendment to the complaint in eminent domain proceedings for Joe’s Trail at
Saratoga De Anza (the “Project”) to acquire an Additional Easement necessary for the
Project.
Heather Minner, attorney representing the City Attorney’s Office of Shute, Mihaly,
and Weinberger, presented the staff report.
Mayor King opened the public hearing for comment.
Kathleen Casey requested to speak on this item.
No one else requested to speak on this item.
Mayor King closed the public hearing comment period.
RESOLUTION NO. 10-025
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PAGE/MILLER MOVED TO ADOPT A RESOLUTION OF NECESSITY
MAKING THE APPROPRIATE FINDINGS AND AUTHORIZING AN
AMENDMENT TO THE COMPLAINT IN EMINENT DOMAIN
PROCEEDINGS FOR JOE’S TRAIL AT SARATOGA DE ANZA (THE
“PROJECT”) TO ACQUIRE AN ADDITIONAL EASEMENT NECESSARY
FOR THE PROJECT. MOTION PASSED 4-0-Vacant.
OLD BUSINESS
12. CITY COUNCIL AND COMMISSIONS’ ELECTRONIC
COMMUNICATIONS POLICY
STAFF RECOMMENDATION:
Adopt a resolution establishing a City Council and Commissions’ Electronic
Communications Policy.
Richard Taylor, City Attorney, presented the staff report.
Mayor King invited public comment.
Kathleen Casey requested to speak on this item.
No one else requested to comment on this item.
Mayor King closed the public comment.
RESOLUTION NO. 10-026
PAGE/MILLER MOVED TO ADOPT RESOLUTION ESTABLISHING A CITY
COUNCIL AND COMMISSIONS’ ELECTRONIC COMMUNICATIONS
POLICY. MOTION PASSED 4-0-Vacant.
13. 2010 FALL ISSUE OF THE SARATOGAN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Crystal Morrow, Administrative Analyst II, presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
COUNCIL DIRECTION:
Council provided suggestions for articles in the Fall Saratogan.
NEW BUSINESS
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14. REMEMBRANCE FOR COUNCILMEMBER SUSIE NAGPAL
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Crystal Morrow, Administrative Analyst II, presented the staff report.
Ms. Morrow noted that Mayor King and Vice Mayor Hunter proposed a memorial
garden, in honor of Councilmember Nagpal, at the corner of Fruitvale and Allendale
Avenue at the City Hall campus. She added that in the past, the City has planted
memorial trees with a plaque to honor council members who have passed away.
Vice Mayor Hunter noted that Councilmember Nagpal was very supportive of the
Village Gardeners and frequently commented on the fact that Mr. Nagpal loved
gardening; therefore, she felt a floral garden around the City of Saratoga signage at
the Fruitvale/Allendale intersection, along with a monument plaque, would be a great
location to honor Councilmember Susie Nagpal.
Councilmember Miller noted he supported a memorial of planting both a tree and
flowers in honor of Councilmember Susie Nagpal.
Mayor King invited public comment.
No one requested to speak on this item.
Mayor King closed the public comment period.
COUNCIL DISCUSSION:
Mayor King noted the possibility of a garden and bench memorial and suggested
having a group of individuals to help plan the memorial.
Vice Mayor Hunter suggested having the community help plant the flowers in a
specified memorial location or plant 1,000 daffodils bulbs throughout the community
in the spring.
Councilmember Miller noted he would also like a tree planted in Councilmember
Nagpal’s honor so that a hundred years from now people could look at that tree and
know that Susie Nagpal made a difference in this community.
Councilmember Page noted the suggestions were great ideas and felt that steps
needed to be taken to assure long term maintenance of a garden. He supported
planting a tree in Councilmember Nagpal’s honor and suggested Council create an
AdHoc Committee to work with Mr. Nagpal and city staff to begin the process.
COUNCIL DIRECTION:
Create an Adhoc Committee comprised of Vice Mayor Hunter and Councilmember
Page to work with members of the Nagpal family. Those family members or family
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friends that would like to work with the Adhoc Committee should contact the city
clerk letting her know of their interest in working with the Adhoc Committee. Plans
for the memorial would begin later in June or early July 2010.
At this time Council members and members on the Dias expressed their appreciation
and remembrances of working with Councilmember Susie Nagpal.
Mayor King declared a break at 7:43 p.m.
Mayor King reconvened the meeting at 7:55 p.m. and proceeded to Item 15 on the
agenda.
At this time Mayor King announced the Council would move to Item 10 – FISCAL
YEAR 2010/11 PROPOSED OPERATING AND CAPITAL BUDGET PUBLIC
HEARING on the agenda.
Mayor King then announced the Council would instead move to Item 15 – FILLING
CITY COUNCIL VACANCY on the agenda and then return to the Proposed
Operating and Capital Budget Public Hearing.
15. FILLING CITY COUNCIL VACANCY
STAFF RECOMMENDATION:
Direct staff as to the Council’s preferred course of action to fill the vacancy on the
City Council.
Richard Taylor, City Attorney, presented the staff report.
City Attorney Richard Taylor noted that State law requires the City Council to act
within 30 days of the vacancy occurring. He noted Council must decide by June 12,
2010, how they would like to fill this vacancy. He stated Council could fill the
vacancy by appointment or by calling a special election and if Council chooses to call
a Special Election, the election for this vacancy would be held at the same time as the
Regular General Election in November of 2010. Attorney Richard Taylor added that
the person appointed or elected to fill this vacancy would hold this office only for the
remainder of Councilmember Nagpal’s term, which ends in November 2012.
City Attorney Richard Taylor noted that if Council chooses to fill this vacancy by
appointment, they should have discussion regarding how they would like to proceed
with the application and interview process.
Mayor King invited public comment.
The following people requested to speak on this item:
Kathleen Casey addressed the Council and asked how this type of situation has been
handled in the past and noted that if someone is appointed to fill this vacancy, it
should be a previous Mayor or Councilmember.
Emma Wyckoff addressed the Council and stated she supported a special election to
fill the vacated seat.
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Ann Waltonsmith, previous Mayor and Councilmember, provided a brief report on
the history of Councilmember Jim Shaw’s passing while a member of the Saratoga
Council and how she was appointed to fulfill his remaining term.
No one else requested to speak on this item.
Mayor King closed the public comment period.
COUNCIL DISCUSSION:
Vice Mayor Hunter noted she supports a special election to fill the vacancy.
Councilmember Page noted he supports an appointment to fill the vacancy.
Councilmember Miller noted he supports an appointment to fill the vacancy and
added Council should agendize the discussion of Mayoral rotation on a future agenda
in order to address the rotation protocol under these conditions.
Mayor King noted she supports an appointment to fill the vacancy and added the
interview and appointment process should be conducted in a public forum.
Mayor King called for a motion and a vote at this time.
PAGE/MILLER MOVED TO FILL THE VACANT COUNCIL SEAT AS SOON
AS POSSIBLE BY APPOINTMENT TO COMPLETE COUNCIL MEMBER
NAGPAL’S TERM (THAT TERM RUNS UNTIL THE COUNCIL
REORGANIZATION FOLLOWING THE NOVEMBER 2012 ELECTION.
MOTION PASSED 3-1-Vacant WITH VICE MAYOR HUNTER OPPOSING.
DISCUSSION OF APPOINTMENT PROCESS:
Council suggested a Study Session on Monday, May 24, 2010 at 5:00PM to discuss
the interview and appointment process.
Council suggested Friday, June 4, 2010, 12:00 noon – application submittal deadline.
Council suggested Monday, June 7, 2010, at 6:00 p.m. to conduct interviews of
applicants that have submitted applications and other required documents expressing
an interest in being appointed to fill the unexpired term of Councilmember Susie
Nagpal, which runs until the Council reorganization following the November 2012
election.
PAGE/MILLER MOVED TO DIRECT STAFF TO IMPLEMENT THE
PROPOSED DATES OF 1) STUDY SESSION ON MONDAY, MAY 24, 2010
AT 5PM; 2) FRIDAY, JUNE 4, 2010, 12:00 NOON – APPLICATION
SUBMITTAL DEADLINE; AND 3) MONDAY, JUNE 7, 2010, INTERVIEW
APPLICANTS INTERESTED IN BEING APPOINTED TO FILL
UNEXPIRED TERM OF COUNCILMEMBER SUSIE NAGPAL. MOTION
PASSED 4-0-Vacant.
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At this time Mayor King moved to Item 10. FISCAL YEAR 2010/11 PROPOSED
OPERATING AND CAPITAL BUDGET PUBLIC HEARING.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
SCC Cities Association Selection Committee – she attended the last meeting and Bonnie
Broderick spoke about the “no sugar” beverage program in County facilities; diet drinks
are permitted. Ms. Broderick also noted that they did receive $7 million in Federal
funding that was available to fight obesity and/or tobacco use, and they will use these
funds to help fight tobacco use and must come up with a plan quite quickly showing how
the funds will be spent over the two-year period.
[Councilmember Miller suggested the City should apply for a $50,000 grant to move
forward with the adoption of the no smoking in parks ordinance]
Vice Mayor Jill Hunter – reported:
Hakone Foundation Board – meets next week.
SASCC – meets next week.
Historical Foundation – met last week and they had a great discussion about the Erie
Canal. The Foundation has a newsletter that will be going out shortly.
Councilmember Howard Miller – reported:
KSAR – has approved their operating budget for the next Fiscal Year and are continuing
to look at their capital budget with regard to a PEG fee, which comes from the cable
company ad AT&T; discussion continues on intern planning.
Santa Clara County Cities Association Board – has addressed their next Fiscal year’s
budget and they discussed plans for addressing the excess reserves the Association has
amassed in the last five years. The excess reserves isn’t large, however, they would like
to adjust the rate structure downward and hold the rate constant for a period of time in
order to use up the reserves.
West Valley Solid Waste Joint Powers Authority – adopted next Fiscal Year budget;
implemented statutory rate increases and franchise rate increase; and they approved
commercial food scrap recycling beginning January 1, 2011, with direction to the hauler
to do extensive outreach to key businesses and to the chamber of commerce’s
representing the cities being served.
West Valley Transportation Authority PAC – the State has authorized up to a $10 tax per
vehicle and the VTA PAC Board will decide if they want to move forward with a ballot
measure to get it passed.
Councilmember Chuck Page – reported:
Saratoga Ministerial Association – asked that staff provide information regarding the
location of the meetings.
West Valley Sanitation District – he attended the last meeting and discussion took place
regarding a Prop 218 question regarding a minimal rate increase over a three year period;
the District’s long time attorney has retired and a new attorney has been hired to
represent the District.
CITY COUNCIL ITEMS
None
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CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business, Mayor King asked for a motion to adjourn.
MILLER/PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 10:30PM.
MOTION PASSED 4-0-Vacant.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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TRANSCRIPT OF COUNCIL DISCUSSION ITEM 10 –
FISCAL YEAR 2010/11 PROPOSED OPERATING & CAPITAL BUDGET
PUBLIC HEARING
MAY 19, 2010 CITY COUNCIL MEETING
Speaker Ann Waltonsmith – addressed the Council noting SASCC (Saratoga Area Senior
Coordinating Council) has drafted a letter that is ready to go out to all Saratoga households.
Ann Waltonsmith: We are holding off mailing the letter to request your support of the letter to
consider a challenge grant and I’m asking for your support of the letter; in fact, I’m asking you
for $50K dollars so that we could use it to urge people to match it. SASCC has its back to the
wall and is doing all it can to raise capital. This letter has some local business sponsorship so
that SASCC does not have to pay for mass mailing to all Saratoga households. Last fall, Susie
Nagpal, Council Liaison to SASCC, asked SASCC to put on a fund raiser. We are asking for as
much as possible from you for the Challenge Grant.
Councilmember Page: Do you have any recommendations where that $50K would come from?
Speaker Ann Waltonsmith: I was actually thinking that if you had any Council Discretionary
left. . . .
Mayor King: SASCC is having difficult times right now; is there a gap that needs to be filled
right now?
Speaker Ann Waltonsmith: It’s not the gap right now. We’re cutting staff right now; we’re
cutting the budget right now wherever we can so that we can come in with as much of a budget
as we possibly can. What we are looking for, is to try to replace – huh, we are going for a
million dollars, because if we get the million dollars, plus the amount we have right now – we
could then begin to live on the proceeds again – rather than eating into the “corpus” of the
investments. So that’s what we are doing, we are going for as much as we can this year, and
then the following years we just have to rebuild after the last two years of the terrible market. So
it’s not to just live on, it’s to - we are trying to rebuild the corpus of the money so that we can
then live on the proceeds.
[Comments from the public].
[Council comments regarding their support of the proposed budget]:
Mayor King: I do want to recognize what Ann Waltonsmith brought up about SASCC. We have
conveyed to the Recreation Department that we are realistic and will make up 35% of their
budget because it is not a break even to do a Recreation Department; yet we fund some of
SASCC, but we don’t feel SASCC should have the same benefit as the Recreation Department. I
look at what SASCC does, and if the City had to all that SASCC does, the City couldn’t afford it.
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I would like us to look at some of the unrestricted/undesignated funding to put a challenge grant
together to help SASCC stabilize more. I would like to recommend that we look at SASCC’s
request with some of that uncommitted funding now, to help them raise funds.
Vice Mayor Hunter: Councilmember Nagpal had conveyed to me very recently that she felt
strongly about having a fund raiser for SASCC.
Mayor King: I would like to see the letter that is going out be typed in a larger print and that this
be a one-for-one challenge grant for every dollar that you raise – in the amount of, Jill . . . . . ?
Vice Mayor Hunter: I think $50,000 is a huge amount and I cannot begin to comprehend where
we would get those kinds of funds and you are not indicating what the challenge grant is for –
the direct amount that the City is offering. I defer to the rest of the Council.
Councilmember Page: I agree with Vice Mayor Hunter that having something tangible that the
money is going to; either explain what changes are being made to show – okay, we have been
cutting into the nest egg for a long time and this is how we are changing to make sure we don’t
continue, and then this challenge grant is to pay for operations going forward and it will extend
our life by “X X”. I would like something tangible; if not, then perhaps there is a specific
program that you are running and this is going to be used to fund that.
Councilmember Page then asked Finance Director how much money was left in Council
Discretionary Funds.
Director Furey responded – “currently about $26,000”.
Councilmember Page: I would feel very comfortable setting a number of about $30,000; taking
a few thousand out of the un-allocated and if an emergency does come up, we do have the nest
egg too, that we could refill the Council Discretionary Fund, knowing that this is an election
year. Chances are we probably won’t see that many new things that we want to do, unless they
become campaign issues. So I feel confident that the money will still be available. If we have
$25,000 - $27,000 – then add another $5,000. I think the senior services that are provided by
SASCC would be hard pressed if the City had to provide those services. I think that if we are
comfortable with $30,000 today in a tough economy, and if the money can be matched, maybe
Council would even consider more – if they have it.
Mayor King: So Chuck, the challenge would be $30,000 and if SASCC raises $30,000, they
would receive the $30,000 from Council?
Councilmember Page: It could be a dollar-for-dollar or a two for one.
Mayor King: I like the “dollar-for-dollar”.
Councilmember Miller: SASCC matters and I think we really need to do something. I feel like
we are missing some active engagement on the crux of what the plan is. Ann Waltonsmith
provided an outline of the plan and I’m wondering if we, as a Council considering putting some
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money into this, could consider having a Study Session, at which point we could have a working
plan on what their plan is for recovery of their budget, or even simpler – maybe SASCC could do
a presentation at a future Council meeting to discuss the plan. We all would like to see SASCC
survive and I would like to understand more about what the plan is. Short term – they have a
letter going out and having real dollars behind that – if we want to take $25,000 from the
Contingency Fund and another $5,000 from somewhere else, I would be supportive of that.
Short term, I am with you, however, I would like to figure out a way to engage in a more detailed
manner.
Mayor King: I will make a motion that we have a challenge grant for SASCC for $30,000. We
take $25,000 from the Contingency Fund and $5,000 from the Un-allocated Funding. A total of
$30,000 for a dollar-for-dollar Challenge Grant for SASCC so they can include this in their letter
that they are preparing to send, and that the letter be in larger print.
Councilmember Page: Yes, please.
Councilmember Miller: I would second that.
KING/MILLER MOVED TO SUPPORT A CHALLENGE GRANT OF $30,000;
ALLOCATING $25,000 FROM THE CONTINGENCY FUND AND AN
ADDITIONAL $5,000 FROM UNDESIGNATED FUNDS FOR A TOTAL OF $30,000
– A ONE DOLLAR FOR ONE DOLLAR CHALLENGE GRANT TO BE NOTED IN
THE SASCC LETTER AND THAT THE LETTER BE WRITTEN IN A LARGER
FONT. MOTION PASSED 4-0-Vacant.
COUNCIL DIRECTION:
Staff should bring this item back for adoption at the next regular council meeting and
agendize a presentation from SASCC at the July 21, 2010 Joint Meeting describing in more
detail how the funds would be used.
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Report on Effects of Proposed Initiative Regarding Second Story Limitation in
Saratoga
RECOMMENDED ACTION:
Direct Staff Accordingly.
REPORT SUMMARY:
On May 27th the City received a notice of intent to circulate an initiative petition for an
ordinance concerning a second story limitation in Saratoga. On June 2nd the City Council asked
for a staff report describing the Council’s options for obtaining more information regarding the
measure. The State Elections Code (section 9212) provides that any time while an initiative
measure is circulating or after the petition has been filed the City Council may refer the measure
to any city agency or agencies for a report on the initiative’s effects. Under the Code, the City
Council may direct staff to prepare a report on any or all of the following items:
1. Its fiscal impact.
2. Its effect on the internal consistency of the city's general and specific plans, including
the housing element, the consistency between planning and zoning, and the
limitations on city actions under Section 65008 of the Government Code and Chapters
4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of
Division 1 of Title 7 of the Government Code.
3. Its effect on the use of land, the impact on the availability and location of housing,
and the ability of the city to meet its regional housing needs.
4. Its impact on funding for infrastructure of all types, including, but not limited to,
transportation, schools, parks, and open space. The report may also discuss whether
the measure would be likely to result in increased infrastructure costs or savings,
including the costs of infrastructure maintenance, to current residents and businesses.
5. Its impact on the community's ability to attract and retain business and employment.
6. Its impact on the uses of vacant parcels of land.
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7. Its impact on agricultural lands, open space, traffic congestion, existing business
districts, and developed areas designated for revitalization.
8. Any other matters the legislative body requests to be in the report.
If the Council requests a report, the report must be completed no later than 30 days after the
elections official certifies that sufficient signatures have been collected to qualify the measure for
the ballot. The City Council may also specify an earlier deadline for the report.
FISCAL IMPACTS:
Fiscal impacts will depend on the scope of the study and the extent to which any information is
required of outside consultants.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTIONS:
N/A
FOLLOW UP ACTION:
As directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s website in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of
this meeting was properly posted at City Hall and published in the Saratoga News.
ATTACHMENTS:
1. Proposed Initiative
2. Title and Summary of Initiative filed
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Initiative Measure Specifying a Two-Story Limit on Structures in Saratoga,
Standards for Height of Structures in the CH-1 and CH-2 Zoning Districts, and
the Definition of Building Height Applicable Citywide
The purpose of this measure is to amend the Saratoga City Code, General Plan, and
related policy documents to (1) limit structures throughout the City of Saratoga to
two stories, with certain exceptions, (2) readopt and amend standards for building
height in the CH-1 and CH-2 zoning districts, (3) readopt the existing definition of
building height, and (4) require voter approval of any changes to the measure
through 2039.
Specifically, the measure would adopt a new section of the City Code and a new
provision of the Housing Element of the General Plan that would:
• Specify a two-story limit for new buildings, structures, remodels and
additions within every zoning district in the City;
• Allow a third story on the rear of structures on the west side of Big Basin
Way if that story faces Saratoga Creek and is entirely below the grade of Big
Basin Way;
• Set standards for determining when a basement or below-grade story is
subject to the two-story limit;
• Provide that if the number of stories or the height of a project is ambiguous,
the ambiguity shall be resolved in favor of the most restrictive limit; and
• Exempt from the limitations of the initiative (1) the area known as the
Fellowship Plaza, (2) the triangular area bounded by Lawrence Expressway,
Saratoga Avenue, and Prospect Road, and (3) any project with a vested right.
The measure would readopt and amend provisions in the City Code, Village Design
Guidelines, and Village Plan concerning the CH-1 and CH-2 Districts to:
• Establish a two-story limit for all structures with an exception for below-
grade stories on Big Basin Way as described above;
• Maintain the existing 35 foot height limit in the CH-1 District and add an
exception limiting the height of mixed use structures/projects to 26 feet; and
• Maintain the existing 26 foot height limit in the CH-2 District.
The measure would make the provisions of section 15-06.340 of the City Code part
of the initiative. That section provides as follows:
"Height of building" means the vertical distance from the average of the
highest and lowest point of the lot at the building's edge, measured from
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natural grade, of that portion of the lot covered by the building to the
topmost point of the roof excluding appurtenances, unless otherwise
specified in this Chapter. The Community Development Director, through the
use of the best available information, such as tract grading plans, vegetation,
and neighborhood topography or existing grades, shall determine natural
grade.
The measure would provide for its implementation. In addition, it would require,
through December 31, 2039, voter approval of any amendment or repeal of the
provisions adopted by the measure.
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SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Village Vision
RECOMMENDED ACTION:
Direct Staff Accordingly.
REPORT SUMMARY:
At the April 21st City Council meeting the Council expressed interest in creating a vision for the
Saratoga Village within the next 18 months. The Council requested that staff agendize the item
for formal discussion at a future City Council meeting. Staff contacted consultants from
Common Sense California, who assist cities with the civic engagement process. In a recent phone
conversation they recommended against starting a civic engagement process that may be
impacted by the Initiative that was filed May 26, 2010.
The “Vision” was originally initiated by Council members Chuck Page and Howard Miller.
Based on the recommendation of the consultant from Common Sense California they are
recommending that the visioning process be delayed until the results of the initiative process are
known.
FISCAL IMPACTS:
Delaying the project would have no fiscal impact. If the project was to proceed the costs
required for a visioning process would depend upon the scope and duration of the process.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTIONS:
The City Council could recommend that the Village Visioning process proceed.
FOLLOW UP ACTION:
As directed.
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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:
None
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