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HomeMy WebLinkAboutCity Council Agenda Packet 10-17-2007 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, October 17, 2007 CLOSED SESSION – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER – 5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel - Significant Exposure to Litigation (54956.9(b) - 1 case Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Giberson v. City of Saratoga, Santa Clara County Superior Court Case No. 1-06- CV-072297 Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Giberson v. City of Saratoga, Santa Clara County Superior Court Case No. 1-06- CV-076883. OPEN MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint meeting with the Los-Gatos Saratoga Union High School District. 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 April 27, 2007) 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. 1 Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Report from the Los-Gatos Saratoga Union High School District. Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1. City Council Minutes Recommended action: Approve minutes from September 5, 2007. 2. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: September 27, 2007 October 3, 2007 3. Approving Application for California River Parkways Grant Program – Proposition 50 Recommended action: Approve Resolution Supporting California River Parkways Grant Application 2 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 OLD BUSINESS 4. Options to Regulate Trespassing on Open Space Easements Recommended action: Review report regarding options to regulate trespassing on open space easements and provide direction to staff. NEW BUSINESS 5. Chamber of Commerce Celebrate Saratoga 2007 Recommended action: Accept report and provide direction to staff. 6. Review of City Council Policy Concerning Continuances of Appeal Hearings Recommended action: Review the City Council Policy Concerning Continuances of Appeal Hearings and provide direction to staff concerning any proposed revisions. 7. Appointment to the Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) Recommended action: Appoint one member and an alternate member to the Policy Advisory Board (PAB) for the Comprehensive County Expressway Planning Study. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government Hakone Foundation West Valley Mayors and Managers Association City School AdHoc County HCD Policy Committee Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison Finance Standing Committee 3 Councilmember Chuck Page Chamber of Commerce Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) West Valley Sanitation District West Valley Solid Waste Joint Powers Association Village AdHoc Finance Standing Committee Councilmember Kathleen King County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Councilmember Jill Hunter Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Santa Clara County Valley Water Commission Village AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER’S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. 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, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on October 12, 2007, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 12th day of October 2007at Saratoga, California. Cathleen Boyer, CMC City Clerk 4 Note to public: Please provide the City Clerk with seven (7) copies of any written document that you would like to submit to the City Council in order for it to become part of the public record. NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 11/7 Regular Meeting – Joint Meeting with Hakone Foundation 11/20 Regular Meeting – Joint Meeting with Sheriff’s Office and Fire Districts 11/21 Regular Meeting – Cancelled 12/4 Special Meeting – City Council Reorganization 12/5 Regular Meeting 12/19 Regular Meeting 5 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2007 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – September 5, 2007 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 September 5, 2007 6 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 5, 2007 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel – Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) The City Council held a Joint meeting at 6:00 p.m. with the West Valley College Board in the Administrative Conference Room. MAYOR’S REPORT ON CLOSED SESSION Mayor Kao stated that there was no reportable information. Mayor Kao 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, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 5, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 5, 2007, was properly posted on August 31, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Diane Drewke expressed her concern with the state of the City’s records and its ability to protect its residents and enforce its ordinances. Ms. Drewke pointed out that there is no logic to the City’s filing system and extensive public records are missing. Ms. Drewke City Council Minutes September 5, 2007 2 requested that the City hire an independent auditor to look into her allegations and institute a program so these problems do not continue to occur. Matthew Robinson briefly explained to the Council his problem with the City’s tree bond policy. Mr. Robinson noted that the City assigned a $229,000 tree bond to his property. Fortunately, last week the Arborist found a mistake in the bond calculation which resulted in a reduction in the bond amount. Mr. Robinson agreed that the tree bonds are a good idea to protect the trees but it is very difficult and expensive to secure high bonds. Mr. Robinson also noted that bonds might discourage people to plant new oak trees. Cheriel Jensen requested that the City contact Vector Control and demand that they provide more notice to residents when they are going to spray for West Nile Virus. Janice Gamper expressed her disappointment that the City did not support her idea in having a “Helmet Day” in the Saratoga. COUNCIL DIRECTION TO STAFF Councilmember King requested that the tree bond issue be agendized. Councilmember Page stated that he supported Councilmember King’s request. In regards to Ms. Jensen’s comments, Vice Mayor Waltonsmith asked staff to contact Vector Control. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Chris Constantine stated that he was the President of the West Valley Board of Trustees. Mr. Constantine thanked the City for the relationship that they currently have with the City. Mr. Constantine stated that the College and the City have recently formed a partnership for youth soccer and discussed future senior citizen programs. Mr. Constantine noted that possible utility bill inserts and joint web links were also discussed. Councilmember Hunter thanked West Valley College for hosting the Farmers Market. ANNOUNCEMENTS Vice Mayor Waltonsmith invited the public to attend a community meeting to help reduce the effects of global warming. Vice Mayor Waltonsmith noted that the meeting would be held on September 27th at 6:00 p.m. at the North Campus. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None City Council Minutes September 5, 2007 3 CONSENT CALENDAR 1. CITY COUNCIL MINUTES - JUNE 26, 2007 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/HUNTER MOVED TO APPROVE COUNCIL MINUTES FROM JUNE 26, 2007. MOTION PASSED 5-0. 2. CITY COUNCIL MINUTES - AUGUST 1, 2007 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/HUNTER MOVED TO APPROVE COUNCIL MINUTES FROM AUGUST 1, 2007. MOTION PASSED 5-0. 3. REVIEW OF ACCOUNTS PAYABLE AND PAYROLL CHECK REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for: Accounts Payable: July 25, August 1,8,15,22, 2007 Payroll: August 2, 16, 2007 WALTONSMITH/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNT PAYABLE JULY 25, 2007 AND AUGUST 1, 8, 15, 22, 2007 AND PAYROLL AUGUST 2, 2007. MOTION PASSED 5-0. 4. ESTABLISHMENT OF COUNCIL FINANCE STANDING COMMITTEE STAFF RECOMMENDATION: Review report and direct staff accordingly. WALTONSMITH/HUNTER MOVED TO APPOINTED VICE MAYOR WALTONSMITH AND COUNCILMEMBER PAGE TO THE COUNCIL FINANCE STANDING COMMITTEE. MOTION PASSED 5-0. 5. APPROVAL OF CITY MANAGER CONTRACT STAFF RECOMMENDATION: Approve a contract for City Manager services setting salary and benefits for 2007- 2011. WALTONSMITH/HUNTER MOVED TO APPROVE A CONTRACT FOR CITY MANAGER SERVICES SETTING SALARY AND BENEFITS FOR 2007-2011. MOTION PASSED 5-0. City Council Minutes September 5, 2007 4 6. SEA MOU SIDE LETTER OF AGREEMENT STAFF RECOMMENDATION: Adopt the resolution approving the Side Letter of Agreement between the City and the Saratoga Employees Association (SEA). RESOLUTION: 07-058 WALTONSMITH/HUNTER MOVED TO ADOPT THE RESOLUTION APPROVING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION (SEA). Motion passed 5-0. 7. MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED LOCALS (UNION) STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and their Affiliated Locals (Union) for the period July 1, 2007 through September 30, 2011, and authorize the City Manager to execute the MOU. RESOLUTION: 07-059 WALTONSMITH/HUNTER MOVED TO ADOPT THE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED LOCALS (UNION) FOR THE PERIOD JULY 1, 2007 THROUGH SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MOU. Motion passed 5-0. 8. APPROVAL OF USER AGREEMENTS WITH AYSO AND CYSA FOR WEST VALLEY COLLEGE PLAY FIELDS STAFF RECOMMENDATION: Approve User Agreements (Attachments 1 & 2) with American Youth Soccer Organization (AYSO) and California Youth Soccer Association (CYSA) for West Valley College play fields for organized sport use and authorize the City Manager to execute the same. Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Vice Mayor Waltonsmith asked if the $35 per hour covered all the associated costs. City Council Minutes September 5, 2007 5 Director Cherbone responded that the $35 covers the cost to West Valley College and the other fees listed in the contract covers the City’s expenses. The following people requested to speak on this item: Howard Miller thanked the Council for their continued support over the years. Mr. Miller pointed out that the sports user groups and the City started the process over ten years ago to gain access to the fields at West Valley College. Jonathan Wolf stated that he was the new AYSO liaison to the City. Mr. Wolf urged the Council to approve the agreements. WALTONSMITH/KING APPROVE USER AGREEMENTS WITH AMERICAN YOUTH SOCCER ORGANIZATION (AYSO) AND CALIFORNIA YOUTH SOCCER ASSOCIATION (CYSA) FOR WEST VALLEY COLLEGE PLAY FIELDS FOR ORGANIZED SPORT USE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0. 9. MOTOR VEHICLE (MV) RESOLUTIONS STAFF RECOMMENDATION: 1. Move to adopt the Motor Vehicle Resolution authorizing a red curb on Saratoga Avenue. 2. Move to adopt the Motor Vehicle Resolution authorizing changes on Big Basin Way 3. Move to adopt the Motor Vehicle Resolution authorizing “No Stopping or Parking Anytime” on Herriman Avenue. RESOLUTION: MV-268,269,270 Councilmember King requested that this item be removed form the Consent Calendar. Council discussion regarding the merits of the proposed resolution on Herriman. The following people requested to speak on this item: Bill Dougherty noted that he agrees that additional pedestrian safety is needed on Herriman Avenue but he does not support proposed no parking option. Mr. Dougherty stated that it would inconvenience his guests. Mr. Dougherty suggested speed bumps be installed along Herriman especially around the curve. Joe Finali noted that he opposed the proposed resolution on Herriman Avenue. Mr. Finali explained that he needs the parking on Herriman Avenue so his contractors can access his backyard. Mr. Finali stated that if there is no parking on Herriman Avenue it would be an inconvenience for him. Ray Glasstone stated that if his guests cannot park on Herriman Avenue they would have to park 200-300 feet away from his house. Mr. Glasstone expressed his concerned on where his gardener would park if parking was restricted. City Council Minutes September 5, 2007 6 Annette Casabonne stated that restricting parking on Herriman would not slow the traffic down. Ms. Casabonne suggested a three way stop at Saratoga Vista Avenue and asked if an Environmental Impact Report should be done on. WALTONSMITH/KING MOVE TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING A RED CURB ON SARATOGA AVENUE; MOVE TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING CHANGES ON BIG BASIN WAY. MOTION PASSED 5-0. WALTONSMITH/KING MOVED TO ADOPT MOTOR VEHICLE RESOLUTION AUTHORIZING “NO STOPPING OR PARKING ANYTIME” ON HERRIMAN AVENUE. MOTION PASSED 4-1 WITH KAO OPPOSING. 10. 2006 ANNUAL CONCRETE REPAIR PROJECT - EXTENSION OF CONSTRUCTION CONTRACT TO PERFORM ADDITIONAL WORK STAFF RECOMMENDATION: Authorize an increase to the change order authority for an existing construction contract with George Bianchi Construction, Inc. in the amount of $175,000 WALTONSMITH/HUNTER MOVED TO AUTHORIZE AN INCREASE TO THE CHANGE ORDER AUTHORITY FOR AN EXISTING CONSTRUCTION CONTRACT WITH GEORGE BIANCHI CONSTRUCTION, INC. IN THE AMOUNT OF $175,000. MOTION PASSED 5-0. 11. 2006 STORMDRAIN REPAIR AND UPGRADE PROJECT – EXTENSION OF CONSTRUCTION CONTRACT TO PERFORM ADDITIONAL WORK STAFF RECOMMENDATION: Authorize an increase to the change order authority for an existing construction contract with Furlo & Furlo in the amount of $58,623 for the 2006 Stormdrain Upgrade and Repair Project. WALTONSMITH/HUNTER MOVED TO AUTHORIZE AN INCREASE TO THE CHANGE ORDER AUTHORITY FOR AN EXISTING CONSTRUCTION CONTRACT WITH FURLO & FURLO IN THE AMOUNT OF $58,623 FOR THE 2006 STORMDRAIN UPGRADE AND REPAIR PROJECT. MOTION PASSED 5-0. PUBLIC HEARINGS 12. 13855 SARATOGA AVENUE; APPLICATION 07-385 FOR LANDMARK STATUS AND MILLS ACT AGREEMENT STAFF RECOMMENDATION: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a historic landmark and Resolution to enter into a Mills Act Agreement; (2) Close the hearing and introduce and waive first reading of the attached Ordinance; City Council Minutes September 5, 2007 7 (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Council meeting; (4) Following introduction of the Ordinance, adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 13855 Saratoga Avenue. RESOLUTION: 07-061 Shweta Bhatt, Assistant Planner, presented staff report. Mayor Kao opened the public hearing and invited public comments. Mike Belshe noted that he was the property owner and urged the Council to approve his application for Landmark Status and Mills Act Agreement. Mr. Belshe described some of the renovations they already finished. Norman Koepernik noted that he was the Chair of the Heritage Preservation Commission. Chair Koepernik stated the Commission fully supported this application. Mayor Kao closed the public hearing. HUNTER/KING MOVED TO WAIVE FIRST READING OF THE ATTACHED ORDINANCE; DIRECT STAFF TO PLACE THE SECOND READING AND ADOPTION OF THE ORDINANCE ON THE CONSENT CALENDAR FOR THE NEXT REGULAR COUNCIL MEETING; ADOPT RESOLUTION AND DIRECT THE CITY MANAGER TO ENTER INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 13855 SARATOGA AVENUE. MOTION PASSED 5-0. 13. APPEAL OF THE PLANNING COMMISSIONS JUNE 13, 2007 MODIFICATION OF USE PERMITS FOR ST. ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH AT 18870 ALLENDALE AVENUE STAFF RECOMMENDATION: Conduct public hearing. Direct staff to continue hearing to September 19, 2007. Richard Taylor, City Attorney, explained the City’s continuance policy and how tonight’s hearing should proceed. City Attorney Taylor noted that if anyone from the public spoke on this item tonight they could not testify again on September 19, 2007. Mayor Kao opened the public hearing and invited public comments. Rabbi Daniel Pressman noted that he felt the Planning Commission reached a fair and rational decision. Rabbi Pressman noted that just because St. Michael’s has a catering license dose not mean they are running a restaurant. Rabbi Pressman urged the Council to uphold the Planning Commission’s decision. Darko Fazarinc urged the Council to uphold the Planning Commission’s decision. Donald Randolph noted that he has lived in Saratoga for the past 21 years, two blocks away from the Church, and has never heard or seen anything out of line. Mr. City Council Minutes September 5, 2007 8 Randolph noted that he has attended functions at the Church and had a great time. Mr. Randolph mentioned that he read about the vandalism at the Church in the newspaper and noted that he feels it was a hate crime. PAGE/WALTONSMITH MOVED TO CONTINUE THE PUBLIC HEARING UNTIL SEPTEMBER 19, 2007. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS None Mayor Kao declared a ten-minute break at 9:15 p.m. Mayor Kao reconvened the meeting at 9:25 p.m. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported that following information: Valley Transportation Authority PAC – attended the meeting for Councilmember King and commended her on perfect attendance. Discussed the modified bus routes in Saratoga and the Saratoga Village Enhancement Grant of $425,000. Vice Mayor Waltonsmith reported the following information: SASCC – Board is diligently working on addressing issues and she would report more when final decisions were made. Sister City Liaison – successful student exchange program in August. Councilmember Page reported the following information: Chamber of Commerce – first movie night was recently held in the Village and approximately 50 people attended. West Valley Solid Waste Joint Powers Association – would like to agendize the hard-to- serve rates before the November 1st Authority Board Meeting. Village AdHoc – he and Jill recently walked the Village. Mayor Kao responded that the hard-to-serve rates were already agendized for the October 3, 2007 City Council meeting. Councilmember King reported the following information: Santa Clara County Cities Association – “First Act” presentation will be held on September 20, 2007 at the Tech Museum in San Jose. City School AdHoc – discussing field use on the weekend at Prospect High School. Councilmember Hunter had no reportable information. CITY COUNCIL ITEMS Councilmember King requested that the City’s Appeal Policy be agendized. City Council Minutes September 5, 2007 9 Mayor Kao concurred with Councilmember King’s request. OTHER None CITY MANAGER’S REPORT City Manager Anderson announced that he would be on vacation the week of September 29-Ocotber 5, 2007. City Manger Anderson noted that Assistant City Manager Powell would be acting City Manager. ADJOURNMENT WALTONSMITH/PAGE MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. There being no further business Mayor Kao adjourned the regular meeting at 9:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson Karen Caselli DIRECTOR:Mary Furey RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: September 27, 2007 October 3, 2007 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 9/27/07 106127 106178 52 $127,510.78 9/28/07 9/19/07 106126 10/3/07 106179 106230 52 $414,804.75 10/4/07 9/27/07 106178 Total $542,315.53 AP Date Check # Issued to Dept.Amount 9/27/07 106141 CIP- Infrastructure $57,428.07 9/27/07 106164 Various $13,766.37 9/27/07 106169 Community Services $15,500.00 10/3/07 106191 Public Safety Services $309,499.10 10/3/07 106196 CIP Activity $15,000.00 10/3/07 106198 CIP Activity $13,885.71 10/3/07 106211 Recreation $10,083.84 10/3/07 106216 Community Services $17,750.00 10/3/07 106219 Community Services $11,425.00 10/3/07 106223 CIP Activity $10,080.00 The following is a list of Accounts Payable checks that were voided or manually issued: There were no Manual or Void Checks for the Accounts Payable dates listed above. Saratoga Community Access TV General Community Grant Funding - Operational Support Village Trees Lighting Contract installation of low voltage lights Solectric Electric Contractors S.A.S.C.C.General Community Grant Funding - Operational Support and CDBG Musicalme, Inc.General Instructor Payment October 17, 2007 Total Checks Various The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: El Camino Paving, Inc. Pacific Gas & Electric Fund Type of Checks MEETING DATE: Date County of Santa Clara DEPARTMENT: PREPARED BY: General Starting Check No. SUBJECT: Review of Accounts Payable Check Registers. Amount Prior Check Register Ending Check No. Annual Street Resurfacing Purpose Law Enforcement Monthly Gas & Electric Service Street Paving-Sobey Rd., Marilyn Ave.,Railroad Crossings 2006 Pavement Management Program - Various Streets Grant Support - Celebrate Saratoga! event El Camino Paving, Inc. Checks Released Fehr & Peers Annual Street Resurfacing Saratoga NTMP SARATOGA CITY COUNCIL Annual Street Resurfacing Finance & Administrative Services Accounts Payable General Saratoga Chamber of Commerce Accounts Payable C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report16 The following is a list of cash reduction by fund: Fund #AP 9/27 AP 10/3 Total 001 General 50,192.36 365,834.19 416,026.55 150 Streets & Roads - 201 Manor Drive Landscape - 202 Ferdericksburg Landscape 90.98 90.98 203 Greenbriar Landscape 116.42 210.00 326.42 204 Quito Lighting 1,209.83 1,209.83 205 Azule Lighting 264.24 264.24 206 Sarahills Lighting 288.51 288.51 207 Village Lighting 728.35 728.35 209 McCartysville Landscape 131.32 131.32 210 Tricia Woods Landscape 7.45 7.45 211 Arroyo de Saratoga Landscape - 212 Leutar Court Landscape - 215 Bonnet Way Landscape 463.09 463.09 216 Beauchamps Landscape 45.54 45.54 217 Sunland Park Landscape 74.12 74.12 222 Prides Crossing Landscape 30.49 30.49 224 Village Commercial Landscape 1,620.31 1,620.31 225 Saratoga Legends Landscape 255.00 255.00 226 Bellgrove Landscape - 227 Cunningham/Glasgow Landscape - 228 Kerwin Ranch Landscape - 229 Tollgate LLD - 231 Horseshoe Landscape/Lighting 8.25 8.25 232 Gateway Landscape - 233 Carnelian Glen - 270 CDBG Administration - 271 Saratoga Housing & Rehab. Program - 310 Park Dev Cap Proj Fund - 320 - 352 Infrastructure - 400 Library Bond Debt Service - 420 Leonard Road 298.37 298.37 501 Equipment Replacement ISF - 502 Information Technology - 503 Facility Improvement 9,844.44 4,165.06 14,009.50 504 Facilities 108.82 2,868.48 2,977.30 505 Information Technology 189.93 189.93 506 Office Stores Fund 1,601.94 447.81 2,049.75 510 Liability/Risk Mgt 1,015.20 1,015.20 511 Workers' Comp - 604 Planning Deposit Pre 2006 - 701 Traffic Safety 1,365.83 1,365.83 702 Highway 9 Safety - 703 Hakone ADA Improvements - 704 57,428.07 28,885.71 86,313.78 706 Sidewalk Annual Project - 707 Aloha Street Safety Improvement - 708 1,167.73 265.06 1,432.79 Fund Description Park Dev Capital Project Annual Street Resurfacing Saratoga Sunnyvale PH 2 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report17 The following is a list of cash reduction by fund: (continued) Fund #AP 9/27 AP 10/3 Total 716 Highway 9/Oak Pedestrain - 720 KSAR/CATV Agency Fund - 727 El Quito Area Curb Replacement - 728 Book Go Round Drainage - 731 Storm Drain Upgrades - 732 Median Landscape/Irrigation - 734 Civic Center Landscape 498.44 498.44 735 Village Lights (Zone 7A)- 736 Village Trees Lighting 10,080.00 10,080.00 738 Cox Ave Railroad Crossing - 741 Blaney Plaza Improvements - 743 Blaney Plaza Improv./Cnstrc - 744 Village Sidewalk, Curb/Gutter - 746 Saratoga-Sunnyvale Gateway - 748 El Ca Grante/Monta Vista - 752 - 755 Warner Hutton House Improv.- 758 Civic Center - CDD Offices - 760 - 761 Fire Alarm-McWilliams/Book Go - 762 North Campus/19848 Prospect - 766 Historical Park Fire Alarm - 780 Beauchamp Park Fund - 790 UPRR/De Anza Trail - 791 Kevin Moran - 792 Alternative Soccer Field - 793 Parks/Trails Repair 514.19 514.19 127,510.78 414,804.75 542,315.53 - - - ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the Expenditure Approval List format. Document Imaging Project TOTAL Fund Description Facility Projects C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report18 19 20 21 22 23 24 25 26 27 28 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2007 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone SUBJECT: Approving Application for California River Parkways Grant Program – Proposition 50 RECOMMENDED ACTION: Approve resolution supporting California River Parkways Grant Application. REPORT SUMMARY: The California River Parkways Grant Program is a statewide competitive grant program administered by the Office of the Secretary for Resources. Funding is available to acquire, restore, protect and develop river parkways through the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 – Proposition 50. The grant program provides an opportunity for the City to apply for funds for acquisition of properties located along Big Basin Way (State Highway 9). These properties are adjacent to Hakone Gardens on one side and the County of Santa Clara Skyline-Sanborn Park on the other. Acquiring all of these properties (the 7.5-acre Britton parcel, the 68-acre County Roads and Airports property, and the 399-acre San Jose Water Company property) would provide an opportunity to develop an important trail connection between Hakone Gardens and existing trail system to the County Park. This trail system would also connect Saratoga trails with the Sanborn Skyline County Park trail system and create the ultimate Saratoga-to-the-Sea Trail. Acquiring of these properties also presents possibilities for future expansion of Hakone Gardens. The Britton property is currently for sale for $3 million, but an appraisal would be required to determine its fair market value. The overall project cost would be much greater, and if the Britton property could not be purchased as a part of the grant project, there may be other trail connection opportunities from Hakone Gardens. No local match is required. Council Resolution supporting the grant application is required as part of the application. It is therefore recommended that City Council approve the attached resolution. Page 1 of 2 29 Page 2 of 2 FISCAL IMPACTS: Staff time to submit the application. No local match is required. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The grant application will not be complete and the City will not be considered for receiving California River Parkways Grant Program funds. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Resolution will be forwarded with the grant application to the Resources Agency. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution. 30 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (Proposition 50) WHEREAS, the Legislature and Governor of the State of California have provided Funds for the program shown above; and WHEREAS, the Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the Project NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Approves the filing of an application for the acquisition of parcel located at 21170 Big Basin Way; and 2. Certifies that Applicant understands the assurances and certification in the application; and 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the Project(s) consistent with the land tenure requirements; or will secure the resources to do so; and 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 50 Funds; and 5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and 6. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, 31 agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. Passed and adopted by on the _____day of_________, 20__. by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ______________________ Aileen Kao, Mayor City of Saratoga Attest: _______________________ Cathleen Boyer, City Clerk 32 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2007 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone SUBJECT: Options to Regulate Trespassing on Open Space Easements RECOMMENDED ACTION: Review report regarding options to regulate trespassing on open space easements and provide direction to staff. REPORT SUMMARY: On August 1, 2007 the City Council directed staff to investigate options for limiting trespass on lands subject to open space easements. Staff has worked with the Sheriff’s Office and reviewed existing City and State laws regarding trespassing. This report summarizes existing enforcement tools available to the City and describes additional measures that the City could adopt by ordinance. Existing Laws Recently the City has received reports of cyclists trespassing on private property that is the subject of an open space easement. This violates section 11-05.040 of the City Code. That section prohibits various acts in City parks including “operat[ing] or rid[ing] as a passenger on any bicycle on other than a paved road or bicycle path designated for that purpose.” Parks are defined under 11-05.010(b) as including all City “open space reservations” that are “located within the City and open to the public for either active or passive recreation, whether owned, leased or maintained by the City.” Because there are no designated bike paths in the City’s open space easement areas, the Sheriff’s Office has cited cyclists in those areas under this Code section. Violators are subject to a penalty of up to $1,000 if the violation is prosecuted as a misdemeanor or fines in the range of $100 to $500 if prosecuted as an infraction. State law also makes certain forms of trespass a misdemeanor. The law is complicated, however. While it certainly provides a basis for a peace officer to request an alleged trespasser to leave the property, the Sheriff and District Attorney have found that it can prove difficult to obtain the evidence necessary to support a conviction. A copy of the trespass statute (Penal Code section 602) is attached for your information. Other laws can also be used to prosecute trespassers (e.g., vandalism prohibited by Penal Code § 594) but they also can present difficult problems of proof. The City Code also provides that bicycles that are not registered with the City may be impounded until registered. (Saratoga City Code section 9-60.10(h).) This section is not currently enforceable because the City has no system in place to allow bicycle registration. If the registration system were to be reinstated, bicycles that are not registered could be impounded until the registration was completed. There would be costs associated with reinstating the registration program. 33 2 It is also possible for the City or private landowners to bring a civil action to enjoin and/or obtain damages for losses incurred as a result of trespass. (See, for example, Wilson v. Interlake Steel Co., (1982) 32 Cal. 3d 229, 233.) Here too, however, it can be difficult to prove the trespass and demonstrate losses to support a damage claim. Potential Anti-Trespass Ordinances The City could consider adopting an ordinance to impose further limits on trespass. The ordinance could, for example: • Broaden the existing restrictions on uses permitted in City open space reservations to prohibit any off trail use on any open space easement; • Supplement the State trespass law with additional restrictions not covered by Penal Code section 602 (such as prohibiting use of private property with an open space easement and posted to prohibit trespassing by any person not authorized to be on the property); or • Broaden the existing restrictions on uses permitted in City open space reservations to prohibit construction of unauthorized trails and activities in connection with such construction. Penalties for violation of these ordinances would be the same as those for other violations of the City Code. FISCAL IMPACTS: The cost of preparing the ordinance would depend on the complexity of the measure requested by the City Council and the extent to which it is revised during the public review process. Costs could be in the range of $5,000 and could be higher. The cost of implementing the ordinance would depend on the specific provisions of the ordinance and the extent to which the City Council directs staff to make enforcement a high priority. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Staff and the Sheriff’s Office will continue to enforce the laws currently in effect. FOLLOW UP ACTION: Staff will prepare additional reports depending on Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Attachment A – Penal Code section 602. 34 ATTACHMENT – A California Penal Code Section 602 602. Except as provided in paragraph (2) of subdivision (v), subdivision (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor: (a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another. (b) Carrying away any kind of wood or timber lying on those lands. (c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce. (d) Digging, taking, or carrying away from any lot situated within the limits of any incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone. (e) Digging, taking, or carrying away from land in any city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone. (f) Maliciously tearing down, damaging, mutilating, or destroying any sign, signboard, or notice placed upon, or affixed to, any property belonging to the state, or to any city, county, city and county, town or village, or upon any property of any person, by the state or by an automobile association, which sign, signboard or notice is intended to indicate or designate a road, or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention to it. (g) Entering upon any lands owned by any other person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or 35 destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands. (h) (1) Entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands. (2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) must be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land. (3) This subdivision shall not be construed to preclude prosecution or punishment under any other provision of law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment. (i) Willfully opening, tearing down, or otherwise destroying any fence on the enclosed land of another, or opening any gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying any sign, signboard, or other notice forbidding shooting on private property. (j) Building fires upon any lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner's agent, or the person in lawful possession. (k) Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession. (l) Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner's agent or of the person in lawful possession, and 2 36 (1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner's agent or by the person in lawful possession to leave the lands, or (2) Tearing down, mutilating, or destroying any sign, signboard, or notice forbidding trespass or hunting on the lands, or (3) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lands, or (4) Discharging any firearm. (m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner's agent, or the person in lawful possession. (n) Driving any vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner's agent, or the person in lawful possession. This subdivision shall not apply to any person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner's agent, or the person in lawful possession. (o) Refusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession, or (2) the owner, the owner's agent, or the person in lawful possession. The owner, the owner's agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested. However, a single request for a peace officer's assistance may be made to cover a limited period of time not to exceed 30 days and identified by specific dates, during which there is a fire hazard or the owner, owner's agent or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer's assistance may be made for a period not to exceed six months when the premises or property is closed to the public and posted as being closed. However, this subdivision shall not be applicable to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor 3 37 Relations Act. For purposes of this section, land, real property, or structures owned or operated by any housing authority for tenants as defined under Section 34213.5 of the Health and Safety Code constitutes property not open to the general public; however, this subdivision shall not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating any law or ordinance. (p) Entering upon any lands declared closed to entry as provided in Section 4256 of the Public Resources Code, if the closed areas shall have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands. (q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchman, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue. (r) Knowingly skiing in an area or on a ski trail which is closed to the public and which has signs posted indicating the closure. (s) Refusing or failing to leave a hotel or motel, where he or she has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager, and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (t) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner's agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner's agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or 4 38 failing to leave the property upon being asked to leave the property in the manner provided in this subdivision. This subdivision shall apply only to a person who has been convicted of a violent felony, as specified in subdivision (c) of Section 667.5, committed upon the particular private property. A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner's agent, or the person in lawful possession of the property. (u) (1) Knowingly entering, by an unauthorized person, upon any airport or passenger vessel terminal operations area if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition shall apply if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port. (2) Any person convicted of a violation of paragraph (1) shall be punished as follows: (A) By a fine not exceeding one hundred dollars ($100). (B) By imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel. (C) By imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both, for a second or subsequent offense. (3) As used in this subdivision the following definitions shall control: (A) "Airport operations area" means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic. (B) "Passenger vessel terminal" means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, "passenger vessel terminal" does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations. (C) "Authorized personnel" means any person who has a valid 5 39 airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. "Authorized personnel" also means any person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. (D) "Airport" means any facility whose function is to support commercial aviation. (v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one's person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport or passenger vessel terminal, as defined in Section 171.5. (2) A violation of this subdivision that is responsible for the evacuation of an airport terminal or passenger vessel terminal and is responsible in any part for delays or cancellations of scheduled flights or departures is punishable by imprisonment of not more than one year in a county jail if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision. (w) Refusing or failing to leave a battered women's shelter at any time after being requested to leave by a managing authority of the shelter. (1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year. (2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a battered woman in an amount equal to the relocation expenses of the battered woman and her children if those expenses are incurred as a result of trespass by the defendant at a battered women's shelter. (x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that he or she has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area. 6 40 7 (2) Any person convicted of a violation of paragraph (1) shall be punished as follows: (A) As an infraction, by a fine not exceeding one hundred dollars ($100). (B) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or both, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person. (C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or both, for a second or subsequent offense. (D) If probation is granted or the execution or imposition of sentencing is suspended for any person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown. (y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one's person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision. 41 SARATOGA CITY COUNCIL SARATOGA CITY COUNCIL MEETING DATE: October 17, 2007 AGENDA ITEM: MEETING DATE: October 17, 2007 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor _ _ SUBJECT: Celebrate Saratoga! 2007 RECOMMENDED ACTION: Accept report and provide direction to staff. REPORT SUMMARY: Event Background Held on Big Basin Way between Saratoga-Sunnyvale/Los Gatos Road and 5th Street, Celebrate Saratoga! (Celebrate) features live entertainment on five separate stages, food, wine, beer, as well as games and activities. The September event began in 1989 as a small community celebration and has evolved into one of the largest outdoor evening street dance festivals in Silicon Valley. Over 300 volunteers work together to conduct the event for approximately 30,000 attendees. Beginning in February 2003, the City also entered into a Services Agreement with the Chamber, under which the City has paid the Chamber fees for service of $10,000, with an annual cost-of-living increase in subsequent years. In August 2003, the City and Chamber jointly signed a "Celebrate Saratoga! Principles of Cooperation" (Principles). The Principles set forth the tasks to be undertaken by each party and the in- kind support (e.g. permitting, storage, insurance, fee waiver, staffing, ordering & placing barricades) to be provided by the City. The Principles were negotiated with an understanding they would be in effect for 5 years; however, no specific term is stipulated in the document. Celebrate is the single largest fundraiser for the Chamber of Commerce, producing a substantial portion of that organization’s operating budget. Any loss of the revenue generated by this event could be devastating to the Chamber. The City supports the Celebrate event through sponsorships, equipment, staffing, and assistance for an estimated in-kind support in the amount of approximately $15,500. 2007 Event Analysis Staff held a meeting in preparation for the Chamber of Commerce Celebrate post-event follow-up meeting that was to be held the following evening to de-brief the 2007 event. Attendees included 42 Councilmember Page, as the Council liaison to the Chamber, and City staff who participated in the event. Staff outlined observations and concerns and compiled a list (Attachment A) to be presented to the Chamber for consideration. Some of the primary issues identified included: • generally poor communication and pre-event planning, • lack of volunteers, • last-minute permit applications, • insufficient parking, • difficulty working with the booth vendor, • delayed clean-up efforts, • crowd control, and • under-age drinking. Staff attended the Chamber of Commerce Celebrate post-event follow-up meeting to de-brief the 2007 event. Approximately 20 people joined Recreation and Facilities Director Michael Taylor, Streets Supervisor Rick Torres, and Captain Terry Calderone of the Santa Clara County Sheriff’s Office as Chamber President Chris Oakes facilitated feedback from each committee responsible for this year’s celebration. The group discussed this year’s event and identified numerous concerns. In addition to those concerns presented by the City, the attendees shared problems including: • young children (8 and 9 year olds) working as volunteers, • lack of training for the volunteers, • the need for more food booths in the Fun Zone, • more appropriate music in certain areas, • exponential increase in teens attending the event, and • electrical supply problems in certain areas. The general consensus of the group was to alleviate the problems by recommending the following changes to the Chamber Board at their next meeting: • changing the time of the event to an afternoon (1:00 to 7:00pm or 2:00 to 8:00pm) rather than evening activity, • considering a new booth vendor to improve service, • identifying a single lead contact for coordinating the event and the permitting processes, and • eliminating the Teen Scene, and attracting more families rather than teenagers. Chamber Direction Included in the “Letter from the President” (Attachment B) in the October 2007 Saratoga Business Focus Chamber newsletter, Chamber President Chris Oakes apologized for the litter remaining on the street Sunday morning following the celebration, acknowledged that the event may no longer be sustainable on Big Basin Way in its present form, and outlined some options such as moving the event to daylight hours and / or changing the focus away from music and dance. The Chamber Board of Directors met at West Valley College on Thursday, October 11th. The Board discussed the issues raised in the post-event follow-up meetings. Dialogue focused on security and teen drinking as well as the lack of positive feedback regarding the event. Without a quorum in attendance, no official decisions were made regarding the event. 43 Attached is an e-mail (Attachment C) report from the Chamber President (via Elizabeth Johns) summarizing the 2007 activity and reflecting a commitment to make changes in the event as recommended at the September 25th post-event follow-up meeting. FISCAL IMPACTS: N/A. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): N/A. ALTERNATIVE ACTION (S): N/A. FOLLOW UP ACTION (S): Staff will implement the direction of Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda according to the Brown Act. ATTACHMENTS: Attachment A – September 24, 2007 City Staff Post Celebrate Saratoga meeting notes Attachment B – Saratoga Business Focus article, October 2007 Attachment C - E-mail from Chamber of Commerce 44 45 Multiple files are bound together in this PDF Package. Adobe recommends using Adobe Reader or Adobe Acrobat version 8 or later to work with documents contained within a PDF Package. By updating to the latest version, you’ll enjoy the following benefits: • Efficient, integrated PDF viewing • Easy printing • Quick searches Don’t have the latest version of Adobe Reader? Click here to download the latest version of Adobe Reader If you already have Adobe Reader 8, click a file in this PDF Package to view it. 46 Attachment A City Staff Post Celebrate Saratoga 2007 Meeting September 24, 2007 Attendees: Councilmember Chuck Page, Captain Terry Calderon, Dave Anderson, Michael Taylor, Rick Torres, Jana Rinaldi, Adam Henig and Ann Sullivan; Suzie Hayes joined in at 0945. KEY ISSUES: 1. Pre-Planning: o Generally poor attendance by Chamber of Commerce Committee event planners o Weekly meetings frequently cancelled by Chamber of Commerce Committee o Second most important meeting, pre-rehearsal meeting, was cancelled by Chamber Committee o Permits not completed (Alcohol, CalTrans, City, Health Department, Parking) ¾ Jana Rinaldi explained permit process to Chamber Executive Director, Chris Oaks several months prior to event. ¾ City completed their permit responsibilities proactively, without much Communications from the Chamber ¾ Chamber waited until Thursday, September 20th to submit the alcohol and to follow up on the Cal Trans permit ¾ There wasn’t one specific person in charge of permit process at the Chamber 2. Day of Event: o Chamber noticed businesses and surrounding residents well in advance and closer to event o City rented and set up 400 barricades o Standard re-routing of traffic procedures; trial run with Saratoga Fire went well o Vendor booths took longer to set up, clean up and break down o Vendor booths were set up on street prior to Big Basin road closure o Staff and vendor parking not exclusive; parking password given to merchant’s customers o Second shift volunteers unable to find parking o Mrs. Benson and Chris Oaks had disagreement over recycle bins on sidewalk o Complaints of smoke getting into Plumed Horse Restaurant 3. SCC Sheriff’s Office: o Traffic issues with non-staff and vendors getting in and out of event o By 8:00PM visible mood change in crowd o Increase in number of teens o Teens spreading to other parts of event in large groups o Increase in alcohol use by teens ¾ Teens drinking at Wildwood Park ¾ Alcohol brought in to event in backpacks 47 Attachment A ¾ Sheriff’s Deputies conducted sweeps of Wildwood Park (teen drinking) o By 10:00PM notable mood change in crowd (getting more contentious) o Vehicle and pedestrian accident occurred at 9:45PM ¾ This accident caused Los Gatos/Saratoga and Mendelsohn Road intersection to be closed o Only 1 shuttle service at end of the evening ¾ Lack of shuttle service caused patrons to walk along Highway 9 and Saratoga Avenue after event o Hammer incident at Union 76 Gas Station o 19 and 20 year olds arrested for alcoholic consumption Minors under the influence were held at Command Center until parents arrived o Many comments that Celebrate Saratoga has become a “Teen Event” o Consensus is that “when the sun goes down” the event turns into an entirely different event o Village shops closing early o Young people getting intoxicated – displaying inappropriate behavior o ID wrist bands given to underage people 4. Post Event: o Beer/Wine Booth volunteers should be more cognizant of the designated time to stop pouring alcohol o Break down of booths ¾ Booth/vendor personnel not available to tear down booths; which prevented timely cleanup by City crew ¾ Traffic on Big Basin prevented orderly street cleanup ¾ Big Basin didn’t reopen until 2:30AM ¾ Merchants were upset and disappointed with amount of garbage strewn behind their shops for them to clean up the next day ¾ City received phone calls about garbage behind shops ¾ Not enough Port-A-Potty’s for size of crowd General Comments: Attendance to the pre-event committee meetings gets worse year after year. Instead of the usual 8-12 people attending, only 2-3 people attend. Required permits were completed just two days before the event. In some cases agencies took it upon themselves to process permits without a request from Chamber Committee. Alcohol Permit completed on Thursday; just two days before the event. People that offered to be volunteers were never notified and many were notified at a very late date. 48 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2007 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson SUBJECT: Review of City Council Policy Concerning Continuances of Appeal Hearings RECOMMENDED ACTION: Review the City Council Policy Concerning Continuances of Appeal Hearings and provide direction to staff concerning any proposed revisions. REPORT SUMMARY: Background On January 25, 2000 the City Council adopted the attached policy concerning continuances of appeal hearings. The City Code provides that appeal hearings must generally be scheduled at the next available City Council meeting to be held within 30 days of the date on which the appeal is filed. Prior to adoption of the attached policy, if an appellant or applicant wished to continue the hearing date, that party was often required to wait until the scheduled hearing date and request a continuance at that time. The Council heard complaints that this required applicants and appellants to prepare for appeal hearings that were likely, but not certain, to be continued. In addition, the Council expressed concern that the continuances resulted in the need to prepare multiple staff reports (for the initial hearing and then for the continued hearing) and worked a hardship on persons who came to a hearing prepared to testify. In response to these concerns, the City Council in 2000 adopted the attached Continuance Policy. The policy allows at least one continuance per appeal and provides an option for a second continuance. If the first continuance request is submitted before the hearing is publicly noticed, staff may grant the continuance based on the policy and set the hearing for the next regular Council meeting. (The hearing may be set for a later date if the request is supported by the applicant.) Because of various mailing and newspaper publication deadlines, hearings are typically noticed approximately 15 days ahead of the hearing date. If the first continuance request is received after the hearing has been noticed, the Continuance Policy requires that the City Council proceed with the hearing on the date noticed but vote to continue that hearing to the next Council meeting after hearing from those wishing to speak on the initial hearing date. The policy allows for a second continuance at the Council’s discretion subject to payment of a $250 fee. The decision for a second continuance may be made only by the Council at the meeting where the hearing is set to occur. The staff report must be prepared and distributed for that meeting so that the matter can be heard if the Council rejects the application for a continuance. The policy strongly discourages any subsequent continuances. Discussion Page 1 of 2 49 Page 2 of 2 The City recently received a request for a continuance that was filed several days before the scheduled public hearing. Notice of the hearing had been published and mailed to neighboring landowners. The continuance request conformed with the requirements of the City’s continuance policy. In accordance with that policy, the hearing was opened on the date specified in the notice and then continued to the next City Council meeting. Following the hearing, concern was expressed that the process was cumbersome and confusing. It was suggested that the continuance policy be revised to allow staff approval of a first continuance only if the continuance request is filed before the hearing has been publicly noticed. Given publication deadlines for notices, this would mean that the deadline for requesting such a continuance would be approximately three weeks before the scheduled hearing date. Suggestions were also made that the policy be revised to clarify the procedures to be used in requesting and processing continuances. Options Council has broad discretion in revising the policy as long as the revisions do not provide an unfair advantage to one set of parties to an appeal. Some topics that the Council may wish to consider include: • Setting a deadline for pre-approved continuance requests (e.g., prior to mailing/publishing notice of the hearing or prior to posting of the agenda); • Making the policy a part of the City Code to ensure greater awareness of the policy; • Revising the text of the policy to include greater detail on how the process works; and • Providing greater flexibility in setting the initial hearing date. The Council may also elect to allow the policy to remain in effect as originally adopted. FISCAL IMPACTS: The costs of preparing a revised policy are not expected to be significant or to impose additional costs on staff agenda administration. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Continuance Policy will remain in effect. ALTERNATIVE ACTION: Discussed above. FOLLOW UP ACTION: Return to the City Council with a resolution or ordinance implementing the City Council’s direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Attachment A – City Council Hearing Continuance Policy (January 25, 2000). 50 5 1 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2007 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Appointment to the Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) RECOMMENDED ACTION: Appoint one member and an alternate member to the Policy Advisory Board (PAB) for the Comprehensive County Expressway Planning Study. REPORT SUMMARY: On December 19, 2002, the Saratoga City Council appointed Councilmember Ann Waltonsmith and Mayor Nick Streit to represent the City of Saratoga on the PAB. At that time the Comprehensive County Expressway Planning Study developed and documented consensus on potential expressway improvements of all types. In addition, the Study developed funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. The County of Santa Clara is re-establishing the PAB . The PAB will provide a forum for policy input from elected official for updating the Expressway Study’s Implementation Plan adopted on August 2003. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not be represented at PAB meetings. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Notify the Santa Clara County Board of Supervisor’s Office with the City’s representative and alternate appointment. ADVERTISING, NOTICING AND PUBLIC CONTACT: 52 Posting of the agenda. ATTACHMENTS: Attachment A – Letter from Donald Gage, Chairperson, Santa Clara County Board of Supervisors 53 RESOLUTION NO. 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A TIME AND PLACE FOR REGULAR MEETINGS FOR THE COUNCIL FINANCE STANDING COMMITTEE WHEREAS, on September 5, 2007 the Saratoga City Council established the Council Finance Standing Committee; and WHEREAS, the Council Finance Standing Committee must establish a regular time to conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54952 and following) and abide by State law; and WHEREAS, the Finance Committee held their first meeting on September 19, 2007 and unanimously voted to meet on a monthly or semi-monthly basis, as determined by the Committee members in the prior Finance Committee meeting. NOW, THEREFORE, BE IT RESOLVED, that the Finance Committee of the City of Saratoga that pursuant to Code Section 54954, the time and place for the regular meetings of the Finance Committee shall be as follows: DATE: FIRST OR THIRD WEDNESDAY TIME: 4:00 P.M. FREQUENCY: MONTHLY OR SEMI-MONTHLY PLACE: ADMINISTRATIVE CONFERENCE ROOM The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 3rd day of October 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk 54 5 5 5 6