HomeMy WebLinkAbout2015_07_01 Written Communications - General
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CITY OF SARATOGA
Memorandum
To: Mayor Miller and Members of the City Council
From: Crystal Bothelio, City Clerk
Date: July 1, 2015
Subject: Written Communications
After the agenda packet for the July 1, 2015 Council Meeting was prepared, the City received the
enclosed written communications.
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Crystal Bothelio
From:Gpupdates <gpupdates@earthlink.net>
Sent:Saturday, June 27, 2015 4:45 PM
To:Howard Miller; Mary-Lynne Bernald; Manny Cappello; Emily Lo; Rishi Kumar
Cc:James Lindsay; City Clerk [Crystal Bothelio]
Subject:City Council agenda
Dear City of Saratoga Mayor and City Council members,
I am unable to attend your upcoming meeting. I am requesting your answers the following questions on your July 1,
2015 City Council agenda.
I am also requesting that this email be made available as part of the public materials at this meeting. As well, please
enter this email into the public record.
1. Presentation of the Government Finance Officers Association Certificate of Achievement for Excellence in Financial
Reporting Please provide legal authority which allows city to accept association certificates.
5. Amendment to Business License Discovery and Audit Services Contract:
I don't see an agenda item number on the documentation related to this item. Is there no meeting agenda item on this
staff report?
From the contract: "For providing discovery services, City shall pay Contractor a contingency fee of 47% of the
additional revenue received by city from the service with a minimum fee of $10,000."
How much revenue has been collected by this consultant for the years covered by prior agreements? If this information
has not been prepared as part of consideration for approval, how can the City Council meet their due diligence
requirements in considering this item for approval? Wouldn't the City Council want to get a report on the effectiveness
of this program before considering amending an agreement?
I don't see the amendments after 2008 as part of this agenda item. Wouldn't the City Council want to see all documents
on this item as part of understanding and verifying what this agenda item consists of as well as make sure it is included
in the public record?
Where does the City derive their legal authority to require a business license?
How does the City business license process complement the State board of equalization business license?
How does the business license money benefit the people of Saratoga?
6. Resolution to Appoint License Collector:
This resolution apparently empowers the City manager to act as a tax collector. Where does the City Council derive its
legal authority to make the City Manager a tax collector? As well, where is due process included in any of this collection
activity? What are the legal rights of the people contacted by the city manager and the sheriff?
7. Resolution Authorizing Final Disposition of Certain City Records Are these records scanned and entered into a digital
public record? If not, what is the purpose of this disposition activity?
How is the disposal of records determined?
8. Notice of Completion ‐ 2014 Pavement Management Program What is the source of funding for this program?
9. Quito Road Bridges Replacement Project ‐ Revised Cooperative Agreement I am and continue to object to this Quito
Road Bridges Project as planned. As well, prior emails to the City on this project have not been answered regarding
habitat conservation plans, separation of costs, property ownership, control and environmental management.
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14. Proposal by the Church of the Ascension Parish for a Zoning Amendment to Add a Planned‐Combined Zoning District
and a Single‐Story Priest Residence (Rectory) at 19550 Prospect Road (Applications PDR13‐0013, ZOA13‐0013, ENV13‐
0005) I understand the proposal by the applicant does not include a request for below market rate housing although the
City is attempting to compel consent of below market rate housing to meet General Plan Housing element RHNA quotas.
What are the rights of the property owner and what if they don't consent to BMR housing on their land? What legal
authority does the City have to compel them to do what they don't want to do? Is the city saying that they have more
rights on this property than the property owner does? If so, from where do they derive these rights?
I'm requesting that you provide this property owner with the approvals they are pursuing without adding terms and
conditions that are contrary to what is reasonable and within their rights regarding use and development of their
property. If the neighbors and the property owner agree with a given proposal, it seems to me the City ought to respect
that. The city did not require BMR housing for the Gateway development so don't see how they can require at this site.
The government is supposed to administer equal justice and equal protection under the law.
15. Ordinance Amending the City Code Regarding Ground Movement Regulations and Negative Declaration (Application
ZOA15‐0007/ENV15‐0004) Please note that the ground movement potential map for the City of Saratoga looks to
essentially be and overlay of the wildland/urban interface map for the City of Saratoga. Also please note that no
reference to State law is found in any of the documentation associated with this agenda item.
19. Valley Transportation Plan 2040 ‐ Envision Silicon Valley Call for Projects Is the City Council by responding to a call for
projects related to a sales tax measure that has not even been placed on the ballot not engaged in a very significant
conflict of interest? Does the City Council of Saratoga understand that "Silicon Valley" has no legal jurisdiction? Does the
City Council understand that they likely cannot support activities which refer to "Silicon Valley" without violating their
oath of office? Does the City Council understand that the legal political power of we the people likely cannot be
effectively exercised in the non‐jurisdictional area referenced as "Silicon Valley"?
20. Award of Design Contract for Prospect Road and Saratoga Avenue Pedestrian, Bicycle and Median Improvements
Please note that this proposed project includes accepting One Bay Area Grant (OBAG) funding and as such requires
public right of way improvements which create in essence a linear priority development area (PDA) along Prospect Road.
This transit corridor is associated with the PDA located at Westgate West (OSH) which is across the street from the City
of Saratoga RHNA rezoning of commercial parcels. These activities use transportation and housing to blur the
boundaries of the legal jurisdiction of the City of Saratoga.
Thank you for your consideration. Looking forward to your response.
All the best,
Trish