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HomeMy WebLinkAbout01-21-2009 City Council Agenda Packet AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL January 21, 2009 SPECIAL MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM – 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 6:00 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on January 15, 2009.) COMMUNICATIONS FROM THE 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. 1. Joint Meeting with Saratoga Chamber of Commerce 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 Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. 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). 1 2 Certificate of Posing 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, at the office of the City of Saratoga, 13777 Fruitvale Avenue, 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 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 1 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 2 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) 3 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. 4 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 5 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 - 6 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. 7 ATTACHMENTS: Attachment A – Resolution of Appointment Attachment B – Oath of Office 8 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 9 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 10 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 11 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 12 2 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. 13 3 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. 14 4 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 15 5 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. 16 6 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. 17 7 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 18 8 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. 19 9 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 10 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. 21 11 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 2 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 6 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 7 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 30 8 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: ______________________________ C h u c k P a g e , M a y o r 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. 58 3 • 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 59 4 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: 60 5 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 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75