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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, January 21, 2009
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
January 15, 2009)
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. Appointment of Heritage Preservation Commissioner and Oath of Office
Recommended action:
Adopt the attached resolution appointing one member to the Heritage Preservation
Commission and direct the City Clerk to administer the Oath of Office.
SPECIAL PRESENTATIONS
None
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CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2. City Council Minutes - December 17, 2008
Recommended action:
Approve minutes.
3. City Council Minutes – January 7, 2009
Recommended action:
Approve minutes.
4. Treasurer’s Report for the Month Ended November 30, 2008
Recommended action:
The City Council review and accept the Treasurer’s Report for the month ended
November 30, 2008.
5. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
December 25, 2008 - None
January 01, 2009 - None
January 08, 2009
6. Establish Billing Rate Formula for Calculating Staff's Annual Hourly Billing Rates
Recommended action:
Adopt proposed billing rate formula for calculating staff's annual hourly billing rates
7. Accept Award of Association of Bay Area Government (ABAG) Safety Grant
Recommended action:
Authorize the City Manager to accept the reimbursable safety grant from the
Association of Bay Area Governments (ABAG) to the City of Saratoga in the amount
up to $16,791 for risk management programs, employee safety education, safety
programs, and projects, and authorize a General Fund appropriation in the Fiscal Year
2008/09 budget in order for the City to expend the funds in advance of the
reimbursement. The City must expend the funds for the approved grant items and
then submit a reimbursement request to ABAG for payment of the expenditures.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council’s approval at the Council meeting
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8. Resolution Declaring a Public Nuisance as to Specified Properties Containing
Hazardous Vegetation (Weeds)
Recommended action:
Conduct public hearing and adopt resolution.
OLD BUSINESS
None
NEW BUSINESS
9. Heritage Resources Inventory Update
Recommended action:
1. Recommend Staff initiate a contract with an Architectural Historian to update the
Heritage Resources Inventory and;
2. Direct staff to apply for a grant from the State Historic Preservation Office
potentially offsetting sixty percent of the consultant cost to update the Heritage
Resources Inventory.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Hakone Foundation Executive Committee
Peninsula Division, League of California Cities (Primary Representative)
SSC Cities Association Executive Board
SCC Cities Association Selection Committee (Primary Representative)
Valley Transportation Authority PAC (Primary Representative)
West Valley Sanitation District (Primary Representative)
West Valley Mayors and Managers Association (Primary Representative)
Council Finance Committee
City School Ad-Hoc
Vice Mayor Kathleen King
Hakone Foundation Board
West Valley Flood Control Zone & Watershed Advisory Committee (Primary
Representative)
Peninsula Division, League of California Cities (Alternate Representative)
SSC Cities Association Executive Board
SCC Cities Association Selection Committee (Alternate Representative)
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC)
(Primary Rep)
City School Ad-Hoc
Valley Transportation Authority PAC (Alternate Representative)
West Valley Mayors and Managers Association (Alternate Representative)
Councilmember Jill Hunter
ABAG (Alternate Representative)
Historical Foundation (Primary Representative)
KSAR (Alternate Representative)
Library Joint Powers Association (Primary Representative)
Santa Clara County Valley Water District Commission (Primary Representative)
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Santa Clara County Emergency Council (Alternate Representative)
SASCC (Alternate Representative)
Sister City Liaison (Alternate Representative)
Village AdHoc
Councilmember Howard Miller
Chamber of Commerce (Primary Representative)
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
(Alternate Representative)
Council Finance Committee
County HCD Policy Committee (Alternate Representative)
Historical Foundation (Alternate Representative)
KSAR (Primary Representative)
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC)
(Alternate Rep)
Santa Clara County Emergency Council (Primary Representative)
Santa Clara County Valley Water District Commission (Alternate Representative)
West Valley Flood Control Zone & Watershed Advisory Committee (Alternate
Representative)
West Valley Solid Waste Joint Powers Association (Primary Representative)
Council Finance Committee
Councilmember Susie Nagpal
ABAG (Primary Representative)
Chamber of Commerce (Alternate Representative)
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
(Primary Representative)
County HCD Policy Committee (Primary Representative)
Library Joint Powers Association (Alternate Representative)
SASCC (Primary Representative)
Sister City Liaison (Primary Representative)
Village AdHoc
West Valley Sanitation District (Alternate Representative)
West Valley Solid Waste Joint Powers Association (Alternate Representative)
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other
materials provided to the City Council by City staff in connection with this agenda are
available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California
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.
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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 of the City of Saratoga was posted on January 15, 2009,
for 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 15th day of January 2009 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
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CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2009
1/30 City Council Retreat @ North Campus
2/4 Regular Meeting – Joint Meeting with Planning Commission
2/18 Regular Meeting – Joint Meeting with Sheriff’s Office and County Fire
3/4 Regular Meeting – Joint Meeting with School Districts: Saratoga Union
Elementary School District; Los Gatos-Saratoga Union High School
District; Cupertino School District; Campbell School District Moreland
School District; Fremont High School District; Sacred Heart; St. Andrews,
and Campbell Union High School District
3/18 Regular Meeting – Joint Meeting with Supervisor Liz Kniss
4/1 Regular Meeting – Joint Meeting with Library Commission and Friends of
the Saratoga Libraries
4/15 Regular Meeting – Joint Meeting with Youth Commission
5/6 Regular Meeting – Joint Meeting with Mt. Winery
5/20 Regular Meeting – Joint Meeting with Montalvo Arts
6/3 Regular Meeting – Joint Meeting with Parks and Recreation Commission
6/17 Regular Meeting – Joint Meeting with HOA Presidents
7/1 Regular Meeting –
7/15 Regular Meeting – Joint Meeting with SASCC
8/5 Regular Meeting – Joint Meeting with Saratoga Ministerial Association
8/19 SUMMER RECESS – NO COUNCIL MEETING
9/2 Regular Meeting – Joint Meeting with Hakone Foundation
9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees
10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission
10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage
Preservation Comm.
11/4 Regular Meeting – Saratoga Village Development Council
11/18 Regular Meeting -
12/1 Council Reorganization
12/2 Regular Meeting -
12/16 Regular Meeting -
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SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Appointment of Heritage Preservation Commissioner and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing one member to the Heritage Preservation Commission
and direct the City Clerk to administer the Oath of Office.
REPORT SUMMARY:
The attached resolution appoints Paul Conrado to the Heritage Preservation Commission to fill
the remaining term for the seat vacated by James Sorden in July 2008. The term for this position
will expire on April 1, 2012.
Upon direction from the City Council the Oath of Office will be administered by the City Clerk
and signed by the new Commissioner.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointment would not be made to Heritage Preservation Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City’s Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
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ATTACHMENTS:
Attachment A – Resolution of Appointment
Attachment B – Oath of Office
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RESOLUTION 09 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING ONE MEMBER TO THE
HERITAGE PRESERVATION COMMISSION
WHEREAS, City Council conducted interviews on January 7, 2009 and appointed one
new member to the Heritage Preservation Commission to fill the seat vacated by James Sorden
in July 2008; and
WHEREAS, the term for this position will expire on April 1, 2012.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the
following appointment was made to the Heritage Preservation Commission:
PAUL CONRADO
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 21st day of January 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
____________________________
Ann Sullivan, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Paul Conrado, do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of the United States and the
Constitution of the State of California; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
__________________________
Paul Conrado, Member
Heritage Preservation Commission
Subscribed and sworn to before me on
This 21st day of January 2009.
__________________________
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – December 17, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – December 17, 2008
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes – December 17, 2008
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MINUTES
SARATOGA CITY COUNCIL
DECEMBER 17, 2008
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Threatened Litigation – Pursuant to Government Code
Section 54956.9(b) (1 Case)
Conference with Legal Counsel – Initiation of Litigation – Pursuant to Government Code
Section 54956.9(c) (1 Case)
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page stated there was no reportable information
The City Council held a Joint Meeting with the Saratoga Traffic Safety Commission at
6:00 p.m. in the Administrative Conference Room.
ORAL COMMUNICATIONS
The following person requested to speak at the Joint Meeting with the Saratoga Traffic
Safety Commission:
Bob Wallace asked the Council and Traffic Safety Commissioners to look into several
concerns he has pertaining to Pierce Road:
¾ Possible installation of bike paths and pedestrian pathways on Pierce Road
¾ Traffic calming
¾ Stop sign at Comer Avenue
Mr. Wallace also stated that he thought the estimated $200K cost to repair the Comer
Retaining Wall could be done at a lower cost.
Mayor Page thanked Mr. Wallace for his input and suggestions.
Mayor Page adjourned the Joint Meeting at 6:58PM.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m.
Members of TROOP 535 were present and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen
King, Mayor Chuck Page
ABSENT: Councilmember Susie Nagpal
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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
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of December 17, 2008, was properly posted on December 11,
2008.
ORAL COMMUNICATIONS
Troop 535 Boy Scout Jesse Zhou, addressed the Council regarding the Ewaste Program
which is scheduled for January 10th from 9:00 a.m. to 4:00 p.m. at the North Campus. He
invited the public to come by during those hours and drop off any unwanted electronic
equipment for recycling.
COUNCIL DIRECTION TO STAFF
Council asked staff to include the January 10th Ewaste Program information on the City
Website.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Traffic Safety Commission Chair Michael Bustamante addressed the Council regarding
the 6:00 p.m. Joint Meeting earlier. He noted they discussed traffic trends, Oak Street
Task Force Update, the Traffic Safety Commission flowchart, increased enforcement and
radar feedback signs. He noted the flowchart is very effective in helping the Commission
communicate with members of the community successfully regarding traffic concerns
that they may have.
Vice Mayor King asked how many speed monitors the City is currently using.
Public Works Director Cherbone commented that there are four monitors being used
currently and that two more monitors will be added shortly.
Chair Bustamante noted that the response from the community has been very positive
regarding the use of the speed monitors.
ANNOUNCEMENTS
Vice Mayor King announced that the “Akeena Challenge” (Saratoga versus Los Gatos)
ends on December 31st and currently the City of Saratoga is only 2 kilowatts lower than
the Town of Los Gatos. She noted the City of Saratoga will win the challenge if 3 more
kilowatts are installed or ordered. Vice Mayor King stated the winner will receive 10
kilowatts for a City building; which is equivalent to $75,000.
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Councilmember Miller announced that the Redwood Middle School Marching Band has
been invited to perform at the Presidential Inaugural Parade in Washington in January
and that they are the only middle school in the country to be invited to this event. He
noted this is a huge honor to the school and members of the band and that the cost to
perform at this event is more than $200K dollars. He stated Redwood Middle School is
accepting donations to help cover the costs and if anyone was interested in donating to
this cause they could contact him directly.
Councilmember Hunter thanked all the people who donated money to decorate the
windows of empty shops in the Village and noted how festive the decorated windows
looked for the holiday season.
Mayor Page announced that one of eight POP Warner football teams in the areas was
invited to play in the championship tournament in Florida and that the Division II Junior
Midget football team won the tournament.
Vice Mayor King added that this team also received the team sportsmanship award.
Councilmember Hunter inquired if there was something the city could do to recognize the
achievement of Redwood Middle Schools’ band when they return.
Mayor Page concurred that the City would recognize the school and members of the band
for their achievement.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. CITY COUNCIL MINUTES - DECEMBER 2, 2008
STAFF RECOMMENDATION:
Approve minutes.
KING/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES –
DECEMBER 2, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
NAGPAL ABSENT.
2. MINUTES – COUNCIL REORGANIZAATION MEETING - DECEMBER 2,
2008
STAFF RECOMMENDATION:
Approve minutes.
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Vice Mayor King removed this item for discussion.
Vice Mayor King noted the minutes should reflect that Councilmember Page also
voted “Aye” when asked by the City Clerk if all members of the Council were in
favor of Councilmember Chuck Page for the Office of the Mayor; therefore, the
MOTION PASSED 5-0-0.
In addition, Vice Mayor King noted the minutes should reflect that Councilmember
King also voted “Aye” when asked by Mayor Page if all members of the Council
were in favor of Councilmember Kathleen King for the Office of the Vice Mayor;
therefore, the MOTION PASSED 5-0-0.
KING/HUNTER MOVED TO APPROVE MINUTES – COUNCIL
REORGANIZATION MEETING AS AMENDED – DECEMBER 2, 2008.
MOTION PASSED 5-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
3. CITY COUNCIL MINUTES – DECEMBER 3, 2008
STAFF RECOMMENDATION:
Approve minutes.
KING/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES –
DECEMBER 3, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
NAGPAL ABSENT.
4. TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer’s Report for the month ended
September 30, 2008.
KING/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED SEPTEMBER 30, 2008. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
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:
November 26, 2008
December 04, 2008
KING/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: NOVEMBER 26, 2008 AND DECEMBER
4, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL
ABSENT.
6. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS WITHIN
SUBDIVISION SD-00-006 – 15202 QUITO ROAD
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STAF RECOMMENDATION:
1. Move to grant final acceptance of the public improvements within Subdivision SD-
00-006.
2. Move to adopt the resolution rescinding the previously rejected Offers of
Dedications and accepting dedication of streets or portions of streets within
Subdivision SD-00-006 into the City’s publicly maintained street system.
RESOLUTION NO. 08-078
KING/HUNTER MOVED TO 1) GRANT FINAL ACCEPTANCE OF THE
PUBLIC IMPROVEMENTS WITHIN SUBDIVISION SD-00-006 AND 2) TO
ADOPT THE RESOLUTION RESCINDING THE PREVIOUSLY REJECTED
OFFERS OF DEDICATIONS AND ACCEPTING DEDICATION OF
STREETS OR PORTIONS OF STREETS WITHIN SUBDIVISION SD-00-006
INTO THE CITY’S PUBLICLY MAINTAINED STREET SYSTEM. MOTION
PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
7. TRAIL EASEMENT RELOCATION AT 13636 DEER TRAIL COURT
STAFF RECOMMENDATION:
Approve proceeding with the trail relocation at 13636 Deer Trail Court
KING/HUNTER MOVED TO APPROVE PROCEEDING WITH THE TRAIL
RELOCATION AT 13636 DEER TRAIL COURT. MOTION PASSED 4-0-1
WITH COUNCILMEMBER NAGPAL ABSENT.
8. JOE’S TRAIL AT SARATOGA DE ANZA PROJECT (PHASE I) –
REJECTION OF BIDS
STAFF RECOMMENDATION:
Move to reject all bids for Joe’s Trail at Saratoga De Anza Project (Phase 1).
KING/HUNTER MOVED TO REJECT ALL BIDS FOR JOE’S TRAIL AT
SARATOGA DE ANZA PROJECT (PHASE I). MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
9. AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH CSG
CONSULTANTS, INC.
STAFF RECOMMENDATION:
Approve an Amendment to the existing professional services contract with CSG
Consultants, Inc. for additional work in the amount of $16,000 and authorize the City
Manager to execute the same.
KING/HUNTER MOVED TO APPROVE AN AMENDMENT TO THE
EXISTING PROFESSIONAL SERVICES CONTRACT WITH CSG
CONSULTANTS, INC. FOR ADDITIONAL WORK IN THE AMOUNT OF
$16,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL
ABSENT.
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10. FINAL MAP APPROVAL FOR THREE OFFICE CONDOMINIUMS
LOCATED AT 19000 COX AVENUE
OWNERS: BOYD/CROWE/ARALDI
STAFF RECOMMENDATION:
1. Move to adopt Resolution granting final map approval of tentative map
application SUB 08-0001 located at 19000 Cox Avenue.
RESOLUTION NO. 08-079
KING/HUNTER MOVED TO ADOPT RESOLUTION GRANTING FINAL
MAP APPROVAL OF TENTATIVE MAP APPLICATION SUB 08-0001
LOCATED AT 19000 COX AVENUE. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
11. POLICY PERTAINING TO ONLINE CALENDAR CONTENT
STAFF RECOMMENDATION:
Accept report and adopt resolution establishing the policy pertaining to the City’s
online community calendar content.
RESOLUTION NO. 08-080
KING/HUNTER MOVED TO ACCEPT REPORT AND ADOPT RESOLUTION
ESTABLISHING THE POLICY PERTAINING TO THE CITY’S ONLINE
COMMUNITY CALENDAR CONTRACT. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
12. REQUEST TO INCREASE THE APPROPRIATION FOR THE WEST
VALLEY SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY
STAFF RECOMMENDATION:
Accept report and adopt budget resolution increasing the appropriation for the West
Valley Solid Waste Management Joint Powers Authority (JPA) from $32,000 to
$48,735.
RESOLUTION NO. 08-081
KING/HUNTER MOVED TO ACCEPT REPORT AND ADOPT BUDGET
RESOLUTION INCREASING THE APPROPRIATION FOR THE WEST
VALLEY SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY
(JPA) FROM $32,000 TO $48,735. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
13. COUNCIL ASSIGNMENTS & ADHOC COMMITTEE APPOINTMENTS
STAFF RECOMMENDATION:
Adopt resolution for 2009 Council Agency & Adhoc Committee assignments.
Mayor Page removed this item for discussion.
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Mayor Page noted that he had received some suggestions from fellow council
members after he had made the assignments to the various agencies and committees
and that he would like to make the following changes:
County HCD Policy Committee – Susie Nagpal/Primary; Howard Miller/Alternate
Village Ad Hoc – Jill Hunter/Primary; Susie Nagpal/Alternate
Mayor Page noted that he was cognizant of the work load and that he felt it was
important to assign council members to agencies and committees where they could
provide the greatest contribution.
Councilmember Hunter stated she served on the Santa Clara County Emergency
Council in 2008 and that she has been assigned to this committee for 2009 and noted
that it is important for other council members to experience serving on this
committee. She also suggested that in the future it would be nice to have the council
sit down as a group and discuss the agency/committee assignments, noting that
council members should serve on committees that they feel strongly about and that
consistency as a representative on specific agencies and committees is important. She
noted that she has served on the Santa Clara Valley Water Commission for two years
and enjoys going to those meetings.
Mayor Page thanked Councilmember Hunter for her suggestions and asked
Councilmember Miller if he would be interested in being the Primary representative
on the Santa Clara County Emergency Council and Councilmember Hunter as the
Alternate. Councilmember Miller stated he was in agreement with that change. In
addition, Mayor Page asked Councilmember Miller if he would be the Alternate on
the Santa Clara Valley Water Commission and Councilmember Hunter could remain
the Primary. Councilmember Miller was in agreement with this change also.
Vice Mayor King noted that the agency/committee assignment process does work and
that she didn’t feel additional meetings needed to be scheduled in the future to discuss
the assignment process.
Councilmember Hunter thanked Councilmember Miller for agreeing to the changes
that were made to the Santa Clara Valley Emergency Council and Water
Commission.
RESOLUTION NO. 08-082
MILLER/HUNTER MOVED TO ADOPT AMENDED RESOLUTION FOR 2009
COUNCIL AGENCY & ADHOC COMMITTEE ASSIGNMENTS. MOTION
PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
PUBLIC HEARINGS
None
OLD BUSINESS
None
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NEW BUSINESS
14. DIRECTION REGARDING LIBRARY CAPITAL IMPROVEMENT FUND
BUDGET AMENDMENT IN THE AMOUNT UP TO $300,000 FOR THE
REPLACEMENT OF THE SARATOG LIBRARY HVAC SYSTEM
STAFF RECOMMENDATION:
Accept report and provide direction regarding the use of up to $300,000 of the
Library Capital Improvement Fund as requested by the Santa Clara County Library
for the repair and/or replacement of the heating ventilation and air conditioning
(HVAC) system.
Recreation Department Director Michael Taylor presented the staff report.
Director Taylor noted that in response to ongoing heating and cooling system
problems at the Saratoga Library, the County hired a consultant in November of 2008
to review the system. The consultant identified four areas of concern and made six
specific recommendations to remedy the problem for an estimated cost of $239,000;
plus an additional $60,000 for the design of the new HVAC system. Director Taylor
noted the funding for this project would come from the Library Capital Improvement
Fund and that a Cooperative Agreement could be developed authorizing the County
Library to have the work done with City approval.
Mayor Page invited public comment.
The following person was present to speak on this item:
Sam McBane-Mulford, Chair of the Library Commission, addressed the Council. She
conveyed the commission’s interest in working with the City and the selected
engineering consultant to resolve the HVAC heating and cooling issues and
recommended Council to move forward to expedite the repair work.
Mayor Page closed the public comment.
Vice Mayor King recommended that Assistant City Manager Barbara Powell be the
project manager.
City Manager Dave Anderson agreed that Assistant City Manager Barbara Powell
should be the project manager in terms of keeping the project on track and under
budget – but not for the technical specifications and issues.
Councilmember Miller noted that it is very important to have the assigned project
engineer and a signed contract specifying the project design in place prior to the
formal bid process, in order to expedite the project.
Mayor Page concurred with Councilmember Miller and noted that in addition to
Council approving the funding to move forward with the project, he would like to
authorize the City Manager to be able to sign off on a specified design contract up to
$70,000 in order to expedite the bid process.
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City Attorney Richard Taylor noted that Council may want to have a higher degree of
legal review with respect to the legal documents pertaining to the project design and
contract specifications. Therefore he recommended Council increase the approved
funding from the recommended $300,000 to $310,000 in order to cover the additional
cost of having outside counsel review the design and engineering contract
specifications.
City Manager Dave Anderson agreed with City Attorney Taylor and stated that the
attorney specializing in construction contracts had been very helpful in the past.
RESOLUTION NO. 08-084
PAGE/KING MOVED TO APPROVE A $310,000 BUDGET TRANSFER FROM
THE SARATOGA LIBRARY CAPITAL IMPROVEMENT FUND BALANCE
TO FUND IMPROVEMENTS TO THE HEATING VENTILATION AND AIR
CONDITIONING (HVAC) SYSTEM WITH THE ADDITIONAL
AUTHORIZATION OF THE CITY MANAGER TO SIGN OFF ON A $70,000
CONTRACT WITH A FIRM DESIGNATED BY THE SARATOGA LIBRARY
FOR THE ENGINEERING DESIGN AND LEGAL REVIEW. MOTION
PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
City Manager Anderson also noted the City would go through the formal bid process
and then bring it back to council for the final award of bid for the project.
15. EVALUATION CRITERIA FOR COMMUNITY GRANT & COMMUNITY
DEVELOPMENT BLOCK GRANT PUBLIC SERVICES FUNDING
STAFF RECOMMENDATION:
As directed by City Council.
Assistant Planner Cynthia McCormick presented the staff report.
Ms. McCormick noted the CDBG application would be available on the City’s
website and that the application does require a director’s signature on the part of the
applicant’s agency. She also confirmed that both the Community Grant (CG) program
and the Community Development block Grant (CDBG) program would be done
simultaneously and that the applications for both programs would be reviewed at a
preliminary Public Haring prior to approval in March.
Council thanked Ms. McCormick for her presentation and directed staff to move
forward with the noticing, application process and public hearing schedule.
16. FELLOWSHIP HALL IMPROVEMENT PROJECT – ADDITIONAL WORK
STAFF RECOMMENDATION:
1. Adopt Budget Resolution amending the FY 2008-09 Budget connected to the
Fellowship Hall Improvement Project.
2. Approve additional Contract Change Order Authority with CRW in the amount of
$75,174.
Recreation Director Michael Taylor presented the staff report.
20
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RESOLUTION NO. 08-083
KING/MILLER MOVED TO: 1) ADOPT BUDGET RESOLUTION AMENDING
THE FY 2008/09 BUDGET CONNECTED TO THE FELLOWSHIP HALL
IMPROVEMENT PROJECT; AND 2) TO APPROVE ADDITIONAL
CONTRACT CHANGE ORDER AUTHORITY WITH CRW IN THE
AMOUNT OF $75,174. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
NAGPAL ABSENT.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Chamber of Commerce – met for the end of the year party; however he was unable attend
because he was at a VTA PAC meeting.
Valley Transportation Authority PAC – he attended the meeting along with Public Works
Director John Cherbone and he commended Director Cherbone for the nice presentation
he gave on the City of Saratoga’s “needs” from VTA. He noted they talked about the
good working relationship between the cities of Saratoga, Monte Sereno and Los Gatos,
and the need for a community bus system. He also noted Dolly Sandavol is the new Chair
of VTA.
Vice Mayor Kathleen King – reported:
Santa Clara County Cities Association – she attended the annual holiday dinner in
Gilroy.
Councilmember Jill Hunter – reported:
KSAR – she will be attending the meeting on Thursday evening and Councilmember
Miller will try to attend the meeting as well.
Howard Miller – reported:
He attended the Peb Tac meeting Tuesday evening even though it isn’t part of the council
agency/committee assignment list.
CITY COUNCIL ITEMS
None
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business Mayor Page asked for a move to adjourn the Regular
Meeting to Closed Session.
KING/HUNTER MOVED TO ADJOURN THE REGULAR MEETING TO
CLOSED SESSION IN THE ADMINISTRATIVE CONFERENCE ROOM AT
8:05 P.M. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
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Respectfully submitted,
Ann Sullivan, CMC
City Clerk
22
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – January 7, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – January 7, 2009
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes – January 7, 2009
23
MINUTES
SARATOGA CITY COUNCIL
JANUARY 7, 2009
The City Council of the City of Saratoga met in a Special Meeting at 5:15 p.m. to
interview a candidate for the Heritage Preservation Commission.
Mayor Page announced the appointment of Paul Conrado, nominated by the Historical
Foundation, to the Heritage Preservation Commission.
The City Council of the City of Saratoga met in Closed Session at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Initiation of Litigation – Pursuant to Government Code
Section 54956.9(c): - 2 Items
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page announced there was no reportable information.
Mayor Page called the Regular City Council Meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Howard Miller, Susie Nagpal, Vice
Mayor Kathleen King, Mayor Chuck Page
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
Chris Riordan, Senior Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of January 7, 2009 was properly posted on December 23,
2008)
ORAL COMMUNICATIONS
The following people requested to speak at tonight’s meeting:
24
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Norm Koepernik, representative of the Mustard Faire Committee, addressed the Council
regarding the annual Mustard Faire. He asked the Council to agendize the Mustard Faire
on the next council meeting to discuss additional funding of the Mustard Faire, which is
scheduled for Sunday, March 1, 2009. He also noted the Heritage Preservation
Commission had voted and decided that the Mustard Faire would take place on the first
Sunday in March each year.
Vice Mayor King asked why they had to decided to move the Mustard Faire from
February to March and noted that she was concerned that the weather wouldn’t be as
cooperative in March.
Mr. Koepernik responded that the decision was made based on the scheduled theater
performances and the parking problems that they faced in past years.
Vice Mayor King also noted that she recollected that the Council had voted to provide the
Mustard Faire with $5,000 each year.
Kim Ferm, United Way representative and director of the Santa Clara Valley 211
Program, spoke about the 211 Program. She encouraged the community to continue to
promote this program which helps people help themselves and others. She also noted
they work jointly with the Santa Clara County Office of Emergency Response System.
City Manager Dave Anderson noted this program helps staff connect people in need to
the resources the citizen needs. In addition, he stated the community is grateful for the
service provided by the 211 Program and noted that this program is a fixed item of
$2,000 in the annual budget.
COUNCIL DIRECTION TO STAFF
Vice Mayor King asked staff to provide the 211 information on the City website as soon
as possible.
Mayor Page asked staff to meet with Norm Koepernik regarding the allocated funds for
the Mustard Faire and if the funding is not sufficient then it should be agendized.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
There was no joint meeting with a commission prior to the council meeting.
ANNOUNCEMENTS
Councilmember Hunter announced the January 9th celebration of “The Barn” (the new
historic building) from 3:00 to 4:00. She noted The Barn is a sustainable building
because they reused treated wood from the barn and that the owners of the building
would be receiving a “sustainable” award for this – which is a great honor for the
community and invited everyone to attend the event.
Councilmember Hunter also announced that for the first time in the community the
Saratoga schools would be promoting “Love Notes” where people could write a love note
to a significant person in their lives and the volunteer Village Gardner’s would post the
love notes in the Village shop windows. She noted this would encourage people to visit
25
3
the Village and look for a “love note” from someone to them showing their love and
appreciation. She noted people could pick up free love note stationary at Lupretta’s Deli
or Skin Prophecy Boutique or you could design your own love note and leave it with the
Village Gardner’s right before Valentine’s Day. She noted she will provide more
information at the next council meeting.
Vice Mayor King inquired about a photo contest and Councilmember Hunter announced
the “Photo Contest” by the Village photographer Jerry Vinz. Everyone is invited to
participate in this contest by taking pictures of something you really like about Saratoga.
The pictures will be displayed in the Village shop windows also.
Vice Mayor King reminded everyone about the January 10 “E-Waste Recycling event.
Councilmember Miller referred people to the city’s website for more information on the
January 10th E-Waste event.
Mayor Page congratulated the citizens of Saratoga for making it the 16th most educated
small town in the nation ranked by Forbes Magazine. He noted that over 40% of the
residents have advanced degrees, more than 33% have Bachelor’s degrees, and 6% have
Associate’s degrees.
CEREMONIAL ITEMS
1. PROCLAMATION DECLARING THE MONTH OF JANUARY 2009 AS
“NATIONAL BLOOD DONOR MONTH”
STAFF RECOMMENDATION:
Present proclamation.
Mayor Page presented the commendation to Mona Helmwood, representative from
the Red Cross.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
December 11, 2008
December 18, 2008
KING/NAGPAL MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES DECEMBER 11, 2008 AND DECEMBER
18, 2008. MOTION PASSED 5-0-0.
3. TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2008.
26
4
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer's Report for the month ended
October 31, 2008.
KING/NAGPAL MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED OCTOBER 31, 2008. MOTION PASSED 5-0-0.
4. EXTENSION OF EXISTING TRAFFIC SIGNAL MAINTENANCE
CONTRACT WITH REPUBLIC ITS FOR TWO YEARS.
STAFF RECOMMENDATION:
Extend the existing contract with Republic ITS for monthly maintenance and on-call
repair of Saratoga traffic signals for two additional years.
KING/NAGPAL MOVED TO EXTEND THE EXISTING CONTRACT WITH
REPUBLIC ITS FOR MONTHLY MAINTENANCE AND ON-CALL REPAIR
OF SARATOGA TRAFFIC SIGNALS FOR TWO ADDITIONAL YEARS.
MOTION PASSED 5-0-0.
5. APPROVAL OF SPORT USER AGREEMENTS – 2009.
STAFF RECOMMENDATION:
Approve Sport User Agreements with American Youth Soccer Organization,
Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West
Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League
for the use of Saratoga City parks, West Valley College, and Prospect High School
for organized sport use and authorize the City Manager to execute the same.
Councilmember Hunter removed this item for clarification.
Councilmember Hunter asked if there was any change in the sports user group.
Public Works Director John Cherbone noted that the only difference this year is that
the agreement for all the groups is being renewed at the same time; which has not
been the case in previous years.
Councilmember Hunter also asked if the field improvements at West Valley College
were completed.
Director Cherbone state they were, however they were waiting for the newly planted
grass to grown in and the field should be ready for use by spring.
Councilmember Miller noted that a new clause was added to the contract agreements
this year and that is that all the sport user groups use re-useable water bottles, rather
than disposable water bottles. He added that all the groups were very happy to have
this clause in the agreements.
HUNTER/MILLER MOVED TO APPROVE SPORT USER AGREEMENTS
WITH AMERICAN YOUTH SOCCER ORGANIZATION, SARATOGA
LITTLE LEAGUE, QUITO LITTLE LEAGUE, DE ANZA YOUTH SOCCER
27
5
LEAGUE, WEST VALLEY LACROSSE CLUB, WEST VALLEY YOUTH
SOCCER LEAGUE, AND SARATOGA PONY LEAGUE FOR THE USE OF
SARATOGA CITY PARKS, WEST VALLEY COLLEGE, AND PROSPECT
HIGH SCHOOL FOR ORGANIZED SPORT USE AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0.
6. ADOPT RESOLUTION APPROVING THE USE OF A MASTER PUBLIC
EMPLOYEE BOND TO PROVIDE REQUIRED COVERAGE FOR THE
CITY.
STAFF RECOMMENDATION:
Staff recommends that City Council adopt a Resolution approving the use of a Master
Public Employee Bond to provide required coverage for the City.
RESOLUTION NO. 09-001
KING/NAGPAL MOVED TO ADOPT A RESOLUTION APPROVING THE
USE OF A MASTER PUBLIC EMPLOYEE BOND TO PROVIDE REQUIRED
COVERAGE FOR THE CITY. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
7. REVIEW OF PARKING CODE SECTION 15-35.020(K) WHICH RELAXED
PARKING REQUIREMENTS IN THE VILLAGE FROM MARCH 1, 2006 TO
FEBRUARY 28, 2009.
STAFF RECOMMENDATION:
Review report and direct Staff accordingly on the following options:
1. Allow the code section to expire and remain in the code
2. Allow the code section to expire and amend the code to remove the section
3. Amend the City Code to extend the time period and/or modify the existing section
Senior Planner Chris Riordan presented the staff report.
There was some council discussion regarding parking issues and the availability of
parking spaces at different locations during specific times of the day.
Mayor Page invited public comment.
Gene Zambetti addressed the Council regarding this item.
28
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Mr. Zambetti noted that he would like an extension of the parking moratorium.
Mayor Page closed public comment.
Councilmember Nagpal noted that there has been more activity in the Village in the
last 2 years versus the last 30 years and felt it would be a great mechanism to bring
more business into the Village by extending the relaxed parking requirements in the
Village for another three years. Councilmember Nagpal stated she supported the
extension of the parking moratorium.
Vice Mayor King noted that she had worked on this project when it was first
implemented in 2006 and had supported at least a five year parking moratorium but
did agree to try it out for three years. Vice Mayor King stated she would like to see
the parking moratorium extended to five years and until they use up the 24,206 square
footage of parking space. In addition, she feels the city needs to provide more
restaurants with retail.
Councilmember Hunter noted that for many years the first part of the Village –
Blaney Plaza was the busy area and the rear area was less busy. However, currently
there has been an increase in businesses towards the rear area of the Village and the
first part of the Village shops has decreased. Councilmember Hunter stated she would
support the extension of the parking moratorium for no more than three years and to
end at the current available parking space of 24, 206 square feet.
Mayor Page noted that this moratorium has been successful in stimulating projects,
but feels there is more that can be done. Mayor Page stated he would support the
extension of the moratorium for three additional years with the 24,206 square footage
limit; regardless of how many months remain on the three year parking moratorium
extension.
Councilmember Miller noted that he agreed with his fellow councilmembers to
stimulate the Village businesses; however he felt that if Council agreed to the parking
srestriction moratorium they should also address the Conditional Use Permit fees at
some point.
Mayor Page noted that the Conditional Use Permit would be addressed at the January
12th Study Session on the Ch-2 Parking District.
Vice Mayor Page voiced a concern that if this moratorium was extended for three
years with the 24,206 square feet limit, there could be an issue if a business comes in
to the Village within the three year moratorium but misses the 24,206 square foot
window.
Vice Mayor King noted that she preferred the option to direct staff to proceed with a
parking management program to see how they can make three years work versus the
24,206 square footage.
Councilmember Hunter voiced a concern about keeping tabs on the square footage.
Vice Mayor King noted that the City should start being proactive now in determining
how to go beyond the 24,206 square footage.
29
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City Attorney Taylor noted the parking ordinance would have to come back for
additional review, however, Council’s decision this evening would be to move this
parking restriction moratorium forward and streamline the environmental review by
leaving that specific cap in based on the study that already shows how much parking
is available.
NAGPAL/MILLER MOVED TO AMEND THE CITY CODE TO EXTEND THE
TIME PERIOD FOR ANOTHER THREE YEARS AND TO KEEP A
TABULATION OF THE PARKING SPACE SQUARE FOOTAGE. MOTION
PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Valley Transportation Authority PAC – he was nominated as the Vice Chair to the VTA
Policy Advisory Committee.
Council Finance Committee – met prior to the December 17th council meeting.
Vice Mayor Kathleen King – reported:
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) –
meets Thursday evening; plastic bag issue is receiving a lot of attention; will be
discussing 2009 cities association priorities at the February meeting and would like to
agendize this item for discussion on the January 21st Council meeting agenda.
City School Ad-Hoc – Redwood Middle School will be participating in the Presidential
Inaugural Parade in January and 52 people from Saratoga High School will also be
attending.
Councilmember Jill Hunter – reported there were no meetings scheduled. She reminded
people to watch for the Redwood Middle School Band at the January Inaugural Parade.
Councilmember Howard Miller – reported:
KSAR – has reduced staff time due to budget constraints and will spend some time
analyzing the budget shortfalls; established the 2009 producer fee and in process of
sending out letters to collect the fees; a class was held at West Valley College (WVC) to
train volunteers how to produce videos; Saratoga High School has a video program and is
working with WVC to have a mentor program working with the high school students.
Councilmember Susie Nagpal – reported:
Sister City Liaison – she attended the last meeting and this year there will be a delegation
from Muko, Japan visiting Saratoga in recognition of the 25th anniversary.
CITY COUNCIL ITEMS
Councilmember Miller noted that families that are permitting their child to participate in
the January Inaugural Parade will be required to pay for the cost incurred, however, if
people would like to make a contribution to help offset the cost they can contact the
Saratoga Music Boosters to make a tax deduction contribution.
Also, Councilmember Miller stated he would like to agendize the Conditional Use Permit
fees for the Village. Vice Mayor King seconded this agenda request for no later than
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March 1st; and in addition, Vice Mayor King asked to agendize the Cities Association
Priorities List on the next council meeting agenda.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business Mayor Page asked for a motion to adjourn the meeting.
KING/MILLER MOVED TO ADJOURN THE REGULAR MEETING AT 8:10PM.
MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
31
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Director
SUBJECT: Treasurer’s Report for the Month Ended November 30, 2008
RECOMMENDED ACTION
The City Council review and accept the Treasurer’s Report for the month ended November 30, 2008.
REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code of the
City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer)
submit to the City Clerk and the legislative body a written report and accounting of all receipts,
disbursements, and fund balances.
Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City
Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall
file a copy with the legislative body.
The following attachments provide various financial data and analysis for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL IMPACT
Cash and Investments Balance by Fund
As of November 30, 2008, the City had $187,253 in cash deposit at Comerica bank, and $14,370,404 on
deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of November 30, 2008 is $14,557,657
and exceeds the minimum limit required.
Cash Summary
Unrestricted Cash
Comerica Bank 187,253$
Deposit with LAIF 14,370,404$
Total 14,557,657$
32
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A – Cash Balances by Fund
B – Change in Total Fund Balances by Fund
C – Cash and Investments by CIP Project
D – Change in Total Fund Balances by CIP Project
E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
33
ATTACHMENT A
The following table summarizes the City’s total cash and investment balances by Fund.
Fund Types Fund Description
Cash & Investment
Balance at
November 30, 2008
General General Fund
Reserved:
Petty Cash Reserve 1,300$
Designated:
Designated for Operations 2,808,164$
Designated for Economic Uncertainty 1,300,000$
Designated for Development Program 782,380$
Designated for Environmental Program 679,917$
Undesignated:1,367,736$
Special Revenue Landscape and Lighting Districts 160,801$
CDBG Federal Grants -$
SHARP Program 113,810$
Capital Project Street Projects 2,184,565$
Park and Trail Projects 1,450,668$
Facility Improvement Projects 972,738$
Adminstrative Projects 194,843$
Tree Fund 100,798$
CIP Grant Fund 104,907$
Gas Tax Fund 303,545$
Debt Service Library Bond 202,353$
Internal Service Equipment Replacement 74,318$
IT Replacement 341,688$
Facility Maintenance 259,484$
Equipment Maintenance 29,554$
Information Technology Services 175,672$
Office Stores Fund 38,084$
Liability/Risk Management 88,136$
Workers Compensation 84,483$
Trust/Agency Library Fund 696,742$
KSAR - Community Access TV 40,969$
Total City 14,557,657$
34
ATTACHMENT B
CHANGES IN TOTAL FUND BALANCE
The following table presents the ending Fund Balances for the City’s major fund types as at November
30, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party
custodian of an outside party’s funds.
Fund Description
Fund
Balance
07/01/08
Increase/
(Decrease)
Jul-Oct
Current
Revenue
Current
Expenditure Transfers
Fund Balance
11/30/08
General
Undesignated Unreserved Balance 3,141,836 (2,761,717) 975,957 472,183 883,892
Reserved Fund Balance:
Petty Cash Reserve 1,300 - - - 1,300
Designated Fund Balances:- -
Designated for Operations 2,808,164 - - - 2,808,164
Designated Economic Uncertainty 1,500,000 (200,000) - - 1,300,000
Designated for Development 782,380 - - - 782,380
Designated for Environmental 679,917 - - - 679,917
Special Revenue
Landscape/Lighting 209,821 (51,697) 15,935 13,258 160,802
CDBG Federal Grants - - - - -
SHARP Loan 93,877 (67) - - 93,810
Capital Project
Street Projects 2,432,995 (109,584) - 23,743 - 2,299,668
Park and Trails 1,497,834 (74,104) - 14,461 - 1,409,268
Facility Improvements 994,315 (67,685) 6,813 42,966 - 890,477
Adminstrative Projects 219,841 (15,650) - 3,953 - 200,238
Tree Fund 129,566 (17,959) - 10,808 - 100,798
Grant Fund - (82,767) 67,140 (187,674) - 172,047
Gas Tax Fund - 127,596 - 12,864 - 114,732
Debt Service
Library Bond 853,620 (652,265) 974 - 202,329
Internal Service Fund
Equipment Replacement 98,109 84,609 - 108,401 74,317
Technology Replacement 316,310 25,473 - 94 341,688
Building Maintenance 101,361 189,893 - 38,293 252,961
Equipment Maintenance 13,412 50,913 - 4,725 59,600
Information Technology Services 122,541 75,046 - 22,689 174,898
Stores Fund 32,616 9,862 699 5,093 38,084
Liability/Risk Management 128,689 (28,409) - 2,257 98,024
Workers Compensation 47,736 85,456 - 48,735 84,457
Total City 16,206,240 (3,413,057) 1,067,518 636,850 - 13,223,852
35
ATTACHMENT C
CASH AND INVESTMENTS BALANCES BY CIP PROJECT
The following table details the cash balances for each project in the Streets, Parks & Trails, Facility
Improvements, and Administrative Project Program Funds.
CIP Funds/Projects
Cash & Investment
Balance at
November 30, 2008
Street Projects
Traffic Safety 11,757
Highway 9 Safety Project 82,460
Annual Street Resurfacing Project 413,130
Sidewalks Yearly Project 120,075
Saratoga Sunnyale Road Resurfacing (114,321)
Traffic Signal @ Verde Vista Lane 90,000
Fourth Street Bridge 100,000
Highway 9 and Oak Place Pedestrian Sign (16,188)
Quito Road Bridge Replacement 9,730
Quito Road Bridge Construction 115,726
Village Newsrack Enclosur 23,384
Village Façade Program 19,430
Solar Power Radar Feedback Signs 24,158
El Quito Area Curb Replacement 37,552
Sobey Road Culvert Repair 150,000
Village Trees & Lights at Sidestreets 31,965
Village Pedestrian Enhancement 115,000
Prospect Road Median 201,556
City Entrance Sign/Monument 23,788
Village-Streetscape Impv (Sidewalk, Curbs)540,665
Saratoga-Sunnyvale ADA Curb Ramps (2,525)
Saratoga-Sunnyvale/Gateway Sidewalk 57,224
Pedestrian Refuge @ Quito/McCoy 150,000
Total Street Projects 2,184,565$
Parks & Trails
Hakone Garden Kol Pond 50,000
EL Quito Park Improvement 118,209
Wildwood Park - Water Feature/Seating 7,199
Historical Park Landscape 37,200
Hakone Garden D/W 142,829
Hakone Garden Upper Moon House Foundation 125,000
Wildwood Park Improvement (4,543)
Carnelian Glen Footbridge -
DeAnza Trail (77,802)
Kevin Moran Improvements 1,030,666
West Valley Soccer Field (51,412)
Park/Trail Repairs 21,130
Heritage Orchard Path 6,153
Trail Segment #3 Repair 7,912
Teerlink Ranch Trail 22,242
CIP Allocation Fund 15,885
Total Parks & Trails 1,450,668$
Facility Improvements
Civic Center Landscape 13,385
Warner Hutton House Improvements 5,868
Facility Projects 39,735
Fire Alarm at McWilliams & Museum 11,371
North Campus Improvements 421,617
North Campus - Bldg Removal 75,000
City Hall - Cool Roofs 44,000
Multi-Purpose Room Fund 250,000
Corp Yard Solar Project 100,000
McWilliams House Improvement 10,000
Historical Park Fire Alarm System 1,762
Total Facility Improvements 972,738$
Administrative Projects
Financial System Upgrade 8,516
Document Imaging Project 72,722
CDD Document Imaging Project 54,604
Website Development Project 50,000
KSAR Equip Upgrades 9,000
Total Administrative Projects 194,843$
Tree Fund
Tree Fund 100,798$
CIP Grant Fund
CIP Grant Fund 104,907$
Gas Tax Fund
Gas Tax Fund 303,545$
Total CIP Funds 5,312,065$
36
ATTACHMENT D
FUND BALANCES BY CIP PROJECT
The following table details the fund balances for each project in the Streets, Parks & Trails, Facility
Improvements, and Administrative Project Program Funds.
CIP Funds/Projects
Fund
Balance
07/01/08
Increase/
(Decrease)
Jul-Oct
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
11/30/08
Street Projects
Traffic Safety 11,757 (836) - 2,312 8,609
Highway 9 Safety Project 82,460 (12,331) - - 70,129
Annual Street Resurfacing Project 782,980 (95,227) - 18,668 669,085
Sidewalks Yearly Project 46,436 - - - 46,436
Saratoga Sunnyale Road Resurfacing (178,292) - - - (178,292)
Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000
Fourth Street Bridge 100,000 - - - 100,000
Quito Road Bridge Replacement 9,730 - - - 9,730
Quito Road Bridge Construction 115,726 - - - 115,726
Village Newsrack Enclosur 23,384 (77) - - 23,307
Village Façade Program 19,430 - - - 19,430
Solar Power Radar Feedback Signs 24,158 - - - 24,158
El Quito Area Curb Replacement 37,553 - - - 37,553
Sobey Road Culvert Repair 150,000 - - - 150,000
Village Trees & Lights at Sidestreets 31,965 - - - 31,965
Village Pedestrian Enhancement 115,000 - - 2,763 112,237
Prospect Road Median 201,556 (1,114) - - 200,442
City Entrance Sign/Monument 23,788 - - - 23,788
Village-Streetscape Impv (Sidewalk, Curbs)540,665 - - - 540,665
Saratoga-Sunnyvale ADA Curb Ramps (2,525) - - - (2,525)
Saratoga-Sunnyvale/Gateway Sidewalk 57,224 - - - 57,224
Pedestrian Refuge @ Quito/McCoy 150,000 - - - 150,000
Total Street Projects 2,432,995 (109,584) - 23,743 - 2,299,668
Parks & Trails
Hakone Garden Kol Pond 50,000 - - - 50,000
EL Quito Park Improvement 118,209 - - 5,900 112,309
Wildwood Park - Water Feature/Seating 7,199 - - - 7,199
Historical Park Landscape 37,200 - - - 37,200
Hakone Garden D/W 142,829 - - - 142,829
Hakone Garden Upper Moon House 125,000 - - - 125,000
Wildwood Park Improvement (4,543) - - - (4,543)
DeAnza Trail (77,802) (9,492) - 1,500 (88,794)
Kevin Moran Improvements 982,259 59,311 - (2,146) 1,043,716
West Valley Soccer Field (58,507) (9,582) - (2,054) (66,035)
Park/Trail Repairs 21,130 (5,521) - 3,869 11,740
Heritage Orchard Path 6,153 (6,153) - - -
Trail Segment #3 Repair 7,912 - - - 7,912
Teerlink Ranch Trail 22,242 - - 7,392 14,850
San Marcos OP Space Trail - - - - -
CIP Allocation Fund 118,552 (102,667) - - 15,885
Total Parks & Trails 1,497,834 (74,104) - 14,461 - 1,409,268
Facility Improvements
Civic Center Landscape 13,384 - - - 13,384
Warner Hutton House Improvements 5,868 - - - 5,868
Facility Projects 39,735 10,716 6,813 - 57,264
Fire Alarm at McWilliams & Museum 11,371 - - - 11,371
North Campus Improvements 443,195 (78,401) - 42,966 321,828
North Campus - Bldg Removal 75,000 75,000
City Hall - Cool Roofs 44,000 44,000
Multi-Purpose Room Fund 250,000 250,000
Corp Yard Solar Project 100,000 100,000
McWilliams House Improvement 10,000 10,000
Historical Park Fire Alarm System 1,762 - - - 1,762
Total Facility Improvements 994,315 (67,685) 6,813 42,966 - 890,477
Administrative Projects
Financial System Upgrade 8,516 (4,982) - - 3,534
Document Imaging Project 92,325 (10,668) - (1,324) 82,981
CDD Document Imaging Project 60,000 - - 2,279 57,721
Website Development Project 50,000 - - - 50,000
KSAR Equip Upgrades 9,000 - - 2,998 6,002
Total Administrative Projects 219,841 (15,650) - 3,953 - 200,238
Tree Fund
Tree Fine Fund 129,566 (17,959) - 10,808 100,798
CIP Fund
CIP Grant Fund - (82,767) 67,140 (187,674) 172,047
Gax Fund
Gas Tax Fund - 127,596 - 12,864 114,732
Total CIP Funds 5,274,550 (240,153) 73,953 (78,878) - 5,187,229
37
ATTACHMENT E
38
Dave Anderson
Melanie Whittaker Mary Furey
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.
12/25/08 NONE 12/18/09 111264
01/01/09 NONE 12/18/09 111264
01/08/09 111265 111322 58 149,135.98 01/08/09 12/18/09 111264
AP Date Check No. Issued to Dept.Amount
01/08/09 111265
Non-
Departmental 48,735.00
01/08/09 111285 Public Works 21,456.00
01/08/09 111294 City Council 11,736.00
01/08/09 111312
Community
Grants 18,250.00
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
12/19/2008 111188 Electrical Distributors (542.40)
12/19/2008 111193 Gachina Landscape (10,208.00)
12/19/2008 111207 Knutson, Diana (1,546.60)
12/25/2008
01/01/2009
01/08/2009
SARATOGA CITY COUNCIL
MEETING DATE:January 21, 2009 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
SUBJECT: Review of Accounts Payable Check Registers.
December 25, 2008
January 01, 2009
January 08, 2009
Type of Checks Date
Starting
Check No.
Ending
Check No.
Total
Checks Amount
Checks
Released
Prior Check Register
Accounts Payable
Accounts Payable
Accounts Payable
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund Purpose
ABAG Plan Corp General
Workers Comp Deposit -
01/01-03/31/09 and
Legal Fees
Gachina Various Landscape Maintenance
League of CA Cities General Member Dues 2009
SASCC General
Quarter 3 / 09 City
Support,CDBG Support,
Operational and
Supplemental Support
Issued to Description
Voided - Reissued
Voided - Reissued
Voided - Reissued
(None)
(None)
(None)
39
The following is a list of cash reduction by fund:
Fund #AP 12/25 AP 01/01 AP 01/08 Total
111 General 75,078.93 75,078.93
211 CDBG Administration -
212 Saratoga Housing & Rehab. Pgm.-
231 Village Lighting -
232 Azule Lighting -
233 Sarahills Lighting -
241 Arroyo de Saratoga Landscape 85.00 85.00
242 Bonnet Way Landscape 127.00 127.00
243 Carnelian Glen -
244 Cunningham/Glasgow Landscape 145.00 145.00
245 Fredericksburg Landscape 132.00 132.00
246 Greenbriar Landscape 220.00 220.00
247 Kerwin Ranch Landscape 340.00 340.00
248 Leutar Court Landscape 85.00 85.00
249 Manor Drive Landscape 160.00 160.00
251 McCartysville Landscape 215.00 215.00
252 Prides Crossing Landscape 450.00 450.00
253 Saratoga Legends Landscape 3,354.37 3,354.37
254 Sunland Park Landscape 340.00 340.00
255 Tricia Woods Landscape 37.00 37.00
271 Beauchamps Landscape 85.00 85.00
272 Bellgrove Landscape 1,985.00 1,985.00
273 Gateway Landscape 290.98 290.98
274 Horseshoe Landscape/Lighting -
275 Quito Lighting -
276 Tollgate LLD 90.00 90.00
277 Village Commercial Landscape -
311 Library Bond Debt Service -
411 CIP Street Projects 3,587.20 3,587.20
412 CIP Parks Projects 6,610.00 6,610.00
413 CIP Facility Projects -
414 CIP Admin Projects -
421 Tree Fine Fund 1,880.00 1,880.00
431 Grant Fund - CIP Streets -
481 Gas Tax Fund -
611 Liability/Risk Mgt 5,735.33 5,735.33
612 Workers' Comp 42,445.02 42,445.02
621 Office Stores Fund 87.67 87.67
622 Information Technology 648.85 648.85
623 Vehicle & Equimpent Maint 1,673.47 1,673.47
624 Building Maintenance 3,248.16 3,248.16
631 -
632 -
- - 149,135.98
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
Fund Description
Vehicle & Equipment Replacement
IT Equipment Replacement
TOTAL
40
41
42
43
44
45
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Establish billing rate formula for calculating staff’s annual hourly billing rates
RECOMMENDED ACTION:
Adopt resolution to establish a billing rate formula for calculating annual hourly billing rates for City
staff, inclusive of salary, benefits, and overhead.
REPORT SUMMARY:
On an intermittent basis, the City provides staff time for requested services or events for other
organizations and private parties. Staff time is also charged for various planning, research, and
administrative requests, and for maintenance services for insurance claims to recover costs for time spent
to repair damages caused by accidents or vandalism.
For these purposes, staff had established a basic billing rate methodology using a staff member’s current
annual pay plus annual benefits divided by total annual staff hours (2080 per year). This straight-forward
calculation has been used at Saratoga for years, however, because this method accounts only for the direct
pay-rate cost of staff time, it results in establishing billing rates at less than full cost-recovery.
To more accurately obtain cost recovery for staff time, several adjustments to the current methodology are
required, involving both staff hours and associated staff costs used in the billing rate calculation.
In determining a cost recovery billing rate, the amount of staff hours used in the billing rate calculation is
adjusted to available/productive hours. Staff recommends setting the available/productive hours for the
calculation by reducing total annual hours from 2080 (which represents 40 hours x 52 weeks) to 1760
hours to account for paid holidays (104 hours), vacation & sick leave (176 hours), and for training time
(40 hours) that is part of an employee’s annual cost. As an example, if the City were to rent out an
employee for a year to another organization using 2080 hours in our billing rate calculation, we would not
recover the employee’s full salary and benefit cost from the actual hours we billed to the other
organization during the year. Whereas, if the billing rate hour factor is adjusted to the approximate 1760
hours the employee is available to work, the City would recover the salary and benefit cost of the
employee over the year.
In addition to direct costs for staff (salary and employer paid benefits and taxes), the City incurs indirect
costs related to City management, administration, and operational costs. These indirect costs, commonly
known as overhead, exist to support staff services, and are a part of the cost of doing business. In
determining a cost recovery billing rate, overhead costs are converted into an overhead rate in order to
distribute the operational support costs to direct costs on a pro-rated basis.
46
The annual overhead rate would be calculated with total administrative costs expressed as a percentage of
total General Fund expenditures (excluding non-operational one-time expenditures and transfers from the
calculation). Administrative costs would include General Fund program expenses for the City Manager’s
Department, the Finance program in the Administrative Services Department, and the General
Administration and Legal programs in the Non-Departmental section. As these programs all incorporate
their proportional share of facility maintenance, insurance costs, IT support, and equipment replacement
costs through internal service charges, the Internal Service programs are not included in the overhead
calculation. Using the prior year’s audited financial statements, Finance will calculate the City’s annual
overhead rate to establish annual billing rates, and for use in updating fees in the annual Master Fee
schedule each spring.
In short, the overhead rate calculation is proposed to be as follows:
1) the sum of the General Fund expenditures of the City Manager’s Department, the Finance &
Administrative Services Department, and the General Administrative and Legal programs in the
Non-Departmental section,
2) divided by the sum of the General Fund expenditures (net of one-time costs and transfers),
3) expressed as a percentage
The overhead rate percentage would then be applied to the direct costs in the hourly billing rate formula.
As calculated above, the overhead rate based on the FY 2007/08 audited financial statements is 18.4%.
Because the City’s General Fund programs operate at basic service levels, this methodology provides a
fair, reasonable, and defensible overhead rate, and is low as compared to business overhead rates as the
City provides services under a cost recovery methodology, not for profit.
After determining the annual overhead rate factor, a staff position’s hourly billing rate is therefore
proposed to be a calculation of:
1) the annual salary cost set at the top step of the pay range,
2) plus the annual cost of employer paid benefits and taxes,
3) with the sum of the two divided by productive staff hours (1760 hours per year),
4) plus the overhead amount calculated at the established overhead rate.
The billing rate formula established in this format is expected to adapt to economic fluctuations and
ensure hourly billing rates are established at cost-recovery rates on an annual basis. For part-time
positions, the above calculation would be adjusted.
FISCAL IMPACTS:
Staff billing rates will be established at cost recovery rates, allowing the City to recover the full costs for
providing services.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Staff billing rates would not be based on cost recovery rates; therefore the City would not recover costs
for provided services.
ALTERNATIVE ACTION:
A billing rate formula using different factors/methodology could be adopted.
FOLLOW UP ACTION:
Establish annual billing rates for city-wide use, and utilize billing rate calculation in determining fees
established in the Annual Fee Schedule
47
ATTACHMENTS:
Attachment A – Resolution 2009-____
To establish a billing rate formula to calculate the hourly cost of City staff, inclusive of salary, employer
paid benefits and taxes, and overhead.
48
Attachment A
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
WHEREAS, the City Council of the City of Saratoga wishes to adopt a fair, reasonable, and
standardized methodology for establishing cost recovery billing rates; and
WHEREAS, the City Council of the City of Saratoga has determined the following overhead rate
for the billing rate formula as stated below to be fair and reasonable;
The overhead rate for billing rate purposes is established as:
1) the sum of the General Fund expenditures of the City Manager’s Department, the
Finance & Administrative Services Department, and the General Administrative and
Legal programs in the Non-Departmental section,
2) divided by the sum of the General Fund expenditures (net of one-time and transfers),
3) expressed as a percentage; and
WHEREAS, the City Council of the City of Saratoga has determined the following billing rate
formula as stated below to provide for cost recovery;
A staff position’s hourly billing rate is established as:
1) the annual salary cost set at the top step of the pay range,
2) plus the annual cost of employer paid benefits and taxes,
3) with the sum of the two divided by productive staff hours (1760 hours per year),
4) plus the overhead amount calculated at the annual overhead rate.
* Part time positions are calculated on a pro-rated basis
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
resolves to adopt the following overhead and billing rate formula methodologies for use in establishing
billing rates, and to be updated on an annual basis as follows;
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 21st day of January, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk
49
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office, CITY MANAGER: Dave Anderson
Human Resources Division
PREPARED BY: Monica LaBossiere, HR Manager DIRECTOR: Barbara Powell
Thomas Scott, Facilities Supervisor Michael Taylor
________________________________________________________________________
SUBJECT: Accept Award of Association of Bay Area Government (ABAG)
Safety Grant
________________________________________________________________________
RECOMMENDED ACTION:
Staff recommends the City Council:
• Authorize the City Manager to accept the reimbursable safety grant from the
Association of Bay Area Governments (ABAG) to the City of Saratoga in the
amount up to $16,791 for risk management programs, employee safety education,
safety programs, and projects, and
• Authorize a General Fund appropriation in the Fiscal Year 2008/09 budget in order
for the City to expend the funds in advance of the reimbursement. The City must
expend the funds for the approved grant items and then submit a reimbursement
request to ABAG for payment of the expenditures.
REPORT SUMMARY:
The City requested from ABAG up to $16,791 in reimbursable grant funds to enhance its
safety program. ABAG authorized the reimbursable grant fund for the City to be used in
Fiscal Year 2008/09 and has waived some of the matching fund requirements in order to
ensure the use of these funds for safety and risk management projects.
DISCUSSION:
The City of Saratoga strives to provide a safe and healthy workplace. As part of that
effort, the City’s Safety Program emphasizes safety and training by evaluating the City’s
premises continuously to ensure safety and vigilance in all work areas (e.g., keeping
aisles clear, rugs secure, spills cleared), and making sure employees receive proper
training and refreshers (e.g., proper lifting techniques, systems process training, safe-
handling instructions, ergonomics, etc.). With available ABAG grant funds, sample
components of the Safety Program will include:
• Purchase of disposable cameras to be placed in City vehicles for use during
1
50
2
emergencies to photographically record hazards, repairs, incidents, and accidents.
• Hiring a contractor to shave and grind asphalt and concrete tripping hazards in
City parking lots and on City walkways.
• Purchase of an additional Automated External Defibrillator (AED) for installation
at the Civic Theater.
• Purchase and distribution of protective barrier “pocket masks” to all City
employees to be used in emergency CPR situations.
• Purchase of a small winch crane / lift to be installed in the back of a City truck to
assist Public Works employees in heavy lifting of tree debris, rocks, etc.
ALTERNATIVES:
No alternatives were considered.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None required.
ATTACHMENTS: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA DECLARING ITS INTENT TO ACCEPT REIMBURSABLE SAFETY
GRANT FROM THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) FOR
FISCAL YEAR 2008/09 AND AUTHORIZE A GENERAL FUND APPROPRIATION IN
THE FISCAL YEAR 2008/09 BUDGET
51
Page 1 of 3
RESOLUTION NO. 09 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING ITS INTENT TO ACCEPT A REIMBURSABLE GRANT FROM THE
ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) AND AUTHORIZE AN
EXPENDITURE APPROPRIATION IN THE FISCAL YEAR 2008/09 BUDGET
WHEREAS, the City Council of the City of Saratoga, California, has been notified of its
eligibility to receive reimbursable grant funds provided through the Association of Bay Area
Government (ABAG) in the amount up to $16,791 risk management grant; and
WHEREAS, the procedural requirements for acceptance of grant funds requires that City
Council pass a resolution of agreement and acceptance; and
WHEREAS, the City Manager is hereby authorized to execute the necessary documents
to accept the grant award and authorize the expenditure of reimbursable grant funds as
recommended by City staff pertinent thereto; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2008/09 budget as
follows:
Account Description Account# Amount
To appropriate Safety Grant revenue 611-8401-42852 $ 16,791
To appropriate Safety Grant expenditure 611-8401-61191 $ 16,791
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby approves the above adjustments to the Fiscal Year 2008/09 General Fund.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on 21st day of January 2009 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Chuck Page, Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, City Clerk
52
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Resolution Declaring a Public Nuisance as to Specified Properties Containing
Hazardous Vegetation (Weeds)
RECOMMENDED ACTION:
Conduct public hearing and adopt resolution.
REPORT SUMMARY:
The attached resolution represents the second step in Saratoga’s Hazardous Vegetation
Abatement Program administered by the Office of the County Agricultural Commissioner. The
Commissioner has sent owners of the parcels requiring weed abatement a notice informing them
that the weeds must be abated, either by the owners or if not done by the owners in a timely
manner, then by the County. The notices also informed them that they may present objections at
the January 21, 2009 public hearing scheduled before the City Council.
A representative from the Office of the County Agricultural Commissioner will be attending the
meeting to answer any questions Councilmembers may have on this proposed resolution as to the
specific properties involved.
FISCAL IMPACTS:
None to the City. County recovers its costs from administrative portion of fee charged to
property owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Abatement process by the County will not proceed. It would be necessary to depend upon the
property owners to take care of their own abatement.
ALTERNATIVE ACTION:
None
FOLLOW UP ACTION:
53
Upon adoption of the proposed resolution and pursuant to City Code Section 7-15.060, the
County will send one additional notice to the owners of the properties to abate the hazardous
vegetation nuisance on their property or demonstrate at a public hearing before the City Council
on March 18, 2009 why the City Council should not order the County to abate such hazardous
vegetation nuisance thereafter, at the property owner’s expense.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed written notice to owners of specified property containing hazardous vegetation (weeds)
requiring abatement, and posting of the agenda.
ATTACHMENTS:
Attachment A – Resolution
RESOLUTION NO. 09 -
54
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED
PROPERTIES CONTAINING HAZARDOUS VEGETATION
WHEREAS, the Saratoga City Council has declared hazardous vegetation to be a public
nuisance by Resolution No. 08-077 adopted December 3, 2008; and
WHEREAS, the Office of the County Agricultural Commissioner subsequently gave
notice to all property owners of specific properties he had identified as containing hazardous
vegetation (weeds) described by common name or by reference to the tract, block, lot, code area
and parcel number on the report prepared by and on file in the Office of the City Clerk, and of
the County Agricultural Commissioner; and
WHEREAS, said notice informed the owners of the properties specified in Exhibit A
attached hereto that the City Council would hold a public hearing on January 21, 2009 to
consider any protests or objections to the declaration of a nuisance on pre-specified properties so
as to require the owners of these properties to remove the hazardous vegetation or be subject to a
subsequent order for abatement authorizing the County Agricultural Commissioner to perform
the abatement;
WHEREAS, a public hearing on said notice was held on January 21, 2009; and
WHEREAS, final action on any protests or objections to the proposed removal of weeds
has been made by the City Council.
NOW, THEREFORE BE IT RESOLVED, that the hazardous vegetation (weeds) on
the specified properties listed on Exhibit A attached hereto is declared to be a nuisance and the
County Agricultural Commissioner is hereby designated as the person to cause notice to be given
in the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to
thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance
as determined in general by resolution dated December 3, 2008, and as to specified properties as
determined by this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the notice specified in the
preceding paragraph shall require that owners of the properties identified in Exhibit A to abate
the hazardous vegetative nuisance or demonstrate at a public hearing before the City Council on
March 18, 2009 why the City Council should not order the County to abate such hazardous
vegetation nuisance thereafter at the property owner’s expense.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 21st day of January 2009, by the following vote:
55
AYES:
NOES:
ABSTAIN:
ABSENT:
Chuck Page, Mayor
ATTEST:
Ann Sullivan City Clerk
56
SARATOGA CITY COUNCIL
MEETING DATE: January 21, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher Alan Riordan, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Heritage Resources Inventory Update
RECOMMENDED ACTION:
1. Recommend Staff initiate a contract with an Architectural Historian to update the Heritage
Resources Inventory and;
2. Direct staff to apply for a grant from the State Historic Preservation Office potentially
offsetting sixty percent of the consultant cost to update the Heritage Resources Inventory.
REPORT SUMMARY:
At the September 3, 2008 City Council Joint Meeting with the Heritage Preservation
Commission (HPC), the HPC discussed their interest in updating Saratoga’s Heritage Resources
Inventory (the Inventory). The Council agreed the Inventory needed to be updated. Council
asked how long it would take to update the existing Inventory and Staff responded it would take
a number of years for the HPC to complete the required tasks. Stating the importance of having
an updated Inventory in a shorter period of time, Council directed Staff to research the costs for a
professional historian to update the Inventory.
DISCUSSION:
The Inventory is an official listing of properties identified by the HPC as having a heritage value
or heritage character. Saratoga’s historic resources provide special character and cultural depth
and provide tangible links to Saratoga’s rich historical and cultural heritage. Each historic
building or property represents an investment that should not be discarded lightly; maintaining,
and rehabilitating older buildings can result in savings in energy, time, money, and raw
materials. There is also a growing recognition by citizens of Saratoga that the City’s historic
resources have multiple values and should be retained as functional parts of contemporary life.
Originally created in 1988 by members of the HPC and expanded over time, this Inventory
includes 110 individual properties as well as 16 properties designated as Saratoga Landmarks. A
copy of the Inventory is included as Attachment A. The Inventory is intended to be dynamic
and to change as resources are added or revisions are made to existing listings. Information was
gathered from a variety of sources, including historic documents and books, interviews with
local citizens, and existing county and state inventories containing information on Saratoga
properties.
Property owners were mailed a letter informing them that their property was being added to the
Inventory and were told that being listed would not restrict their use, alteration, or demolition of
1
57
2
their property. An example of one of these letters is included as Attachment B.
Saratoga’s Inventory is out-of-date. The likelihood exists that some of the properties on the
inventory have been demolished or modified in some way that could potentially affect their
historic integrity.
The Inventory update will confirm and update the documentation of historic resources already
listed on the Inventory. No new properties will be added to the Inventory during the update and it
is likely possible that some properties will be removed as a result of past demolition and/or being
significantly modified.
While the background information included in the existing inventory is interesting and provides
a solid foundation, it does not meet current statewide documentation and preservation planning
standards. The Inventory update will document each listed property on State of California
Department of Parks and Recreation Forms 523 (commonly known as DPR forms). A sample of
a Form 523 is included as Attachment C.
Updating the Inventory
Staff has discussed alternatives and projected costs to update the Inventory with the HPC and
with three separate Architectural Historian Consultants. The specifics of these alternatives are
discussed below.
• The Historic Preservation Commission completes the update.
The HPC could perform all the tasks to update the existing inventory at little cost to the City.
Tasks would include an exterior pictorial street survey of all properties listed on the
Inventory for the purpose of noting their presence and general state of architectural integrity.
The HPC would prepare new DPR forms for each structure to remain on the inventory which
would include history of ownership, architectural discussion, estimated age of the structure,
possible associations with historic persons or events and general comments on the relative
significance of the structures. Due to logistical and time constraints, the HPC has to continue
conducting their regular monthly business, and because of the research needed to complete
the DPR forms, staff estimates the HPC could update approximately 36 homes per year and
could take three years or longer to update the Inventory.
• The Historic Preservation Commission updates the Heritage Resources Inventory with
guidance and input by an Architectural Historian Consultant.
The HPC has indicated to Staff their preference to perform the majority of the tasks to update
the Inventory as discussed in the above alterative but would like to do so under the
professional guidance of an Architectural Historian Consultant. The Consultant would
develop a procedure to update the Inventory, would direct the HPC on the necessary tasks to
complete the update, and review the work performed by the HPC for accuracy and
completeness. Staff has discussed this update alternative with three consulting firms for
pricing and feasibility and was informed that this shared responsibility arrangement has
successfully been initiated in other cities. Costs could range from $15,000 - $17,000.
Because the majority of the tasks to update the Inventory would still be done by the HPC and
because the HPC has to conduct their regular monthly business, staff estimates the HPC
could update approximately 55 homes per year and could take a minimum of two years to
complete.
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• Staff initiates a contract with an Architectural Historian to update the Heritage Resources
Inventory
The quickest alternative to update the Inventory would be to contract with a Historic
Resource Consultant to update the Inventory. The Consultant would review all the existing
properties on the current Inventory and prepare all new DPR forms. This level of work
would be estimated to cost $25,000 and could take three to four months to complete.
State Funding to Offset the Cost of the Update
Saratoga is eligible for funds to update the Inventory from the State Historic Preservation Office
(SHPO) Certified Local Government grant program. Each year SHPO receives funds from the
Federal Department of the Interior, National Parks Service, which are to be distributed to local
governments which have been certified to receive them. Saratoga is one of the 55 Certified
Local Governments in California (CLG) and a benefit of this status is the eligibility to apply for
state grants for heritage related projects.
At least ten percent of California’s annual allocation of federal funds received through the
Historic Preservation Grants Program must be allocated to local governments. These grants are
awarded to CLG’s on a competitive basis, require a 40 percent local government match using
public and/or private funds and are used to facilitate the recognition and preservation of
historical resources.
For the 2008-2009 grant cycle, OHP received 14 CLG applications requesting $302,900, and
selected 8 cities and counties to receive $143,000. These ranged from $5000 for the City and
County of San Francisco to create a Historic Resource Inventory Electronic Database to as much
as $25,000 for the City of Napa to develop a citywide historic context as part of its ongoing
historic property survey program. The application deadline for these funds was April 28, 2008.
If the City of Saratoga does apply, it would be the first time a grant request was submitted to the
OHP.
The amount of grant money available for 2009-2010 and the application deadline has not yet
been released by OHP.
Heritage Resources List and the California Environmental Quality Act (CEQA)
California environmental review law has changed since the Inventory was created in 1988. As
mentioned earlier, property owners were notified of the de minimis impact on their property by
being listed on the Inventory. An important aspect of current environmental law is that when a
structure is listed on a Heritage Resource Inventory it is considered a Significant Historic
Resource and any application possibly causing a substantial adverse change to a Heritage
Resource is subject to environmental review under CEQA.
A Heritage Resource are all structures and properties listed on the Inventory and all properties
determined by the HPC during their review of an application that the property is “historically
significant” and therefore added to the list. Generally, a resource is considered significant if the
resource meets the criteria for listing on the California Register of Historical Resources (please
refer to Attachment D). Substantial adverse change includes demolition, destruction, relocation,
or alteration such that the significance of an historical resource would be impaired. While
demolition and destruction are fairly obvious significant impacts, it is more difficult to assess
when change, alteration, or relocation crosses the threshold of substantial adverse change. The
CEQA Guidelines provide that a project that demolishes or alters those physical characteristics
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of an historical resource that convey its historical significance (i.e., its character-defining
features) can be considered to materially impair the resource’s significance.
The City of Saratoga requires all project applicants’ to provide information regarding the age of
an existing structure to be demolished or physically altered. The structure has the possibility of
being considered historically significant if it is greater than 50 years old. Staff determines during
the review of the project if the structure has architectural elements of a historic structure and
schedules the application for HPC review. The HPC makes the determination if the structure
meets the criteria to be “historically significant”. If the project is “historically significant”, the
HPC determines if the physical changes to the structure follow the “Secretary of the Interior’s
Standards for the Treatment of Historical Properties. If the HPC makes the finding that the
physical changes to the structure meet the standards, than the impacts are considered as
mitigated to a level of less than significant, and no further environmental review is required.
CEQA and the requirement for historic review to determine if a structure is “historically
significant” are only applicable to discretionary projects. A discretionary project is one
requiring the exercise of judgment or deliberation by the City in determining whether the project
will be approved, or if a permit will be issued. Some common discretionary decisions include
placing conditions on the issuance of a permit or reviewing the design of a proposed project.
Aside from decisions pertaining to a project that will have a direct physical impact on the
environment, CEQA also applies to decisions that could lead to indirect impacts, such as making
changes to local codes, policies, and general and specific plans.
CEQA does not apply to ministerial projects. A ministerial project is one that requires only
conformance with a fixed standard or objective measurement and requires little or no personal
judgment by Staff as to the wisdom or manner of carrying out the project. Generally ministerial
permits only require the determination that the project conforms to applicable zoning and
building code requirements and applicable fees have been paid.
Building permits are considered ministerial projects and not subject to CEQA. Homeowners of
potentially historic homes that are not already included on the Inventory may apply for a
building permit to modify their home without HPC review. These ministerial projects could
include the following:
• Demolition permits.
• Single story additions to an existing one or two-story homes that do not increase the floor
area by more than 50%.
• Second story additions less than 100 square feet.
• Remodeling projects that remove less than 50% of the exterior walls.
• Roof, siding, doors, or window replacements.
Planning does review the above types of non-discretionary ministerial projects as “over-the-
counter permits” and are approved and forwarded to the Building Department if all zoning
standards are met.
FISCAL IMPACTS:
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Having the HPC complete the update to the Inventory would have little fiscal impact.
Depending on the update alternatives recommended by the Council which could include the
work of a Historic Resource Consultant, estimated fees could range from $15,000 - $25,000.
Funds to pay for a consultant to update the Inventory could be paid out of the Council
Discretionary Fund. The balance of this fund is $48,043. Additional funds may be obtained
from the State Historic Preservation Office (SHPO) Certified Local Government grant program.
As mentioned earlier, this grant could cover sixty percent of the cost of the update with the city
responsible for paying the remaining forty percent.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The existing Heritage Resources Inventory would remain unchanged. Without an update and as
time passes the Inventory would likely become less relevant.
ALTERNATIVE ACTION:
1. Recommend the HPC update the Heritage Resources Inventory with guidance and input by
an Architectural Historian Consultant.
2. Leave the existing Heritage Resource Inventory unchanged.
FOLLOW UP ACTION:
1. Direct staff to budget for a Historic Resource Consultant to update the existing Inventory.
2. Direct staff to send out a Request for Proposals (RFP) to qualified Historical Consultants to
begin the contract process to update the Inventory.
3. Apply for a grant from the State Historic Preservation Office to help offset the cost of the
Inventory update.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on January 6,
2009.
ATTACHMENTS:
A. City of Saratoga Heritage Resources Inventory.
B. Sample letter prepared by the HPC from July 1988 informing a property owner that their
property was being added to the Heritage Resources Inventory.
C. State of California Department of Parks and Recreation DPR Forms
D. Secretary of the Interior Standards for the Treatment of Historic Properties
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