HomeMy WebLinkAbout04-02-2008 City Council Agenda Packet (2)
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, April 2, 2008
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
March 28, 2008)
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. Proclamation Recognizing April 2008 as Month of the Young Child
Recommended action:
Acknowledge proclamation.
2. Proclamation Recognizing April 15, 2008 as Arbor Day in the City of Saratoga and
Receipt of Tree City USA Award
Recommended action:
Acknowledge proclamation and accept Tree City USA Award.
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SPECIAL PRESENTATIONS
3. Presentation - American Cancer Society Colon Cancer Free Zone
Recommended action:
Accept oral report by American Cancer Society representatives Jim Smaha and Sid
Faulkner.
4. Presentation - Valley Transportation Authority (VTA) - Regional Approach
Recommended action:
Informational only.
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.
5. City Council Minutes - March 19, 2008
Recommended action:
Approve minutes.
6. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for the following
Accounts Payable cycles:
March 13, 2008
March 20, 2008
7. Treasurer's Report for the Month Ended November 30, 2007
Recommended action:
The City Council accept the Treasurer's Report for the Month Ended November 30,
2007.
8. Resolution Amending Council Agency and Adhoc Committee Liaison Assignments
Recommended action:
Adopt resolution
9. Request to Change Parks and Recreation Commission Meeting Schedule
Recommended action:
Adopt resolution approving the request to change the meeting schedule of the Parks
and Recreation Commission.
10. Establishment of a Community Emergency Response Team (CERT) Advisory
Committee
Recommended action:
Establish a CERT Advisory Committee, reporting to the City Manager, that will set
up Saratoga CERT structure and authority.
11. Amendment to Annual Maintenance Service Contract – Irrigation Repairs
Recommended action:
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Approve an Amendment to the existing service contract with Hydrotec Irrigation
Equipment Service for on call irrigation repair and improvements in the amount of
$46,500 and authorize the City Manager to execute the same
12. Extension of Existing Construction Contract with George Bianchi Construction, Inc.
for Additional Retaining Wall Work at West Valley College
Recommended action:
Authorize an increase to the change order authority for an existing construction
contract with George Bianchi Construction, Inc. in the amount of $40,296 for
additional retaining wall work at West Valley College
13. Independent Contractor Agreement with RBF Consulting to prepare an update to the
General Plan Housing Element
Recommended action:
Authorize the City Manager to execute the agreement with RBF Consulting (RBF) to
prepare an update to the City’s General Plan Housing Element.
PUBLIC HEARINGS
None
OLD BUSINESS
14. Online Citywide Community Calendar
Recommended action:
Accept report and staff’s recommendation to continue using the Saratoga Chamber of
Commerce online calendar as a community calendar.
NEW BUSINESS
15. Review the possible formation of an Economic Development Committee
Recommended action:
Review report and direct staff accordingly.
16. Code of Ethics
Recommended action:
Review report and direct staff accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith
Association of Bay Area Governments
Comprehensive County Expressway Planning Study Advisory Board (PAB)
Hakone Foundation Executive Committee
Santa Clara County Emergency Council
SASCC
West Valley Mayors and Managers Association
Sister City Liaison
Council Finance Committee
Highway 9 Safety AdHoc
Prospect Road AdHoc
North Campus AdHoc
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TEA Adhoc
Vice Mayor Chuck Page
Chamber of Commerce
Hakone Board
West Valley Sanitation District
West Valley Solid Waste Joint Powers Association
Council Finance Committee
Village AdHoc
Councilmember Kathleen King
Peninsula Division, League of California Cities
Santa Clara County Cities Association
Valley Transportation Authority PAC
City School AdHoc
TEA AdHoc
Councilmember Jill Hunter
Historic Foundation
KSAR
Library Joint Powers Association
Santa Clara County Valley Water Commission
Village AdHoc
North Campus AdHoc
Prospect Road Adhoc
Councilmember Aileen Kao
County HCD Policy Committee
Northern Central Flood Control Zone Advisory Board
Santa Clara County Cities Association-Joint Economic Development Policy Committee
(JEDPC)
City School AdHoc
Highway 9 Safety AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER’S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Ann Sullivan, Acting 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 March
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28, 2008, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City’s
website at www.saratoga.ca.us
Signed this 28th day of March 2008 at Saratoga, California.
Ann Sullivan, CMC
Acting City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2008
4/2 Regular Meeting – Joint meeting with Library Commission and Friends of
the Saratoga Libraries
4/16 Regular Meeting – Joint meeting with Youth Commission
5/7 Regular Meeting – Joint meeting with Mt. Winery
5/21 Regular Meeting – Joint Meeting with Traffic Safety Commission
6/4 Regular Meeting – Joint Meeting with Parks and Recreation Commission
6/18 Regular Meeting – Joint Meeting with HOA Presidents
7/2 Regular Meeting – Joint meeting with Heritage Preservation Commission
and Historic Foundation
7/16 Regular Meeting – Joint meeting with SASCC
8/6 Regular Meeting – Joint Meeting with Hakone Foundation
8/20 Summer Recess – No Meeting
9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees
9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School
District
10/1 Regular Meeting – Joint Meeting with Montalvo Arts
10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High
School District
11/5 Regular Meeting – Tentative Joint Meeting with the Saratoga Ministerial
Association
11/19 Regular Meeting – Tentative Joint Meeting with the Saratoga Ministerial
Association
12/3 Regular Meeting – Reorganization
12/17 Regular Meeting – No Joint Meeting Scheduled
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Proclamation Recognizing April 2008 as Month of the Young Child
RECOMMENDED ACTION:
Acknowledge proclamation.
BACKGROUND:
Month of the Young Child is recognized nationally and celebrated by cities around the U.S. to
educate parents about the benefits of high-quality early education and care. Research has shown
that children that have participated in early education programs perform better in school. These
children are more likely to develop the language, mathematic, social, and emotional skills
necessary to succeed.
In an effort to promote early education, the Saratoga Library has asked the City to proclaim
April as Month of the Young Child. This proclamation will be presented again during the
Library’s Month of the Young Child celebration on April 6, 2008 from 11:00 a.m. – 1:00 p.m. at
of the Saratoga Library.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
Page 1 of 2
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Page 2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Month of the Young Child Proclamation
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CITY OF SARATOGA
PROCLAMATION DECLARING APRIL AS MONTH OF THE YOUNG
CHILD IN THE CITY OF SARTOGA
WHEREAS, the City of Saratoga, in partnership with the Saratoga Library, is celebrating
the Month of the Young Child; and
WHEREAS, the Month of the Young Child is celebrated by cities, organizations, and
families around the nation as a special time to recognize the benefits of early education; and
WHEREAS, the City and Saratoga Library are working to improve early learning
opportunities, which are crucial to the growth and development of young children, and to building
better futures for everyone in Saratoga; and
WHEREAS, all young children and their families deserve access to high-quality early
education and care; and
WHEREAS, research has demonstrated that children who participate in high-quality early
education and care are more likely to develop the skills they need to succeed in school; and
WHEREAS, the Month of the Young Child celebration recognizes and supports the people,
programs and policies that are committed to high-quality early education as the right choice for kids;
NOW, THEREFORE, I, Chuck Page, Vice Mayor of the City of Saratoga, do hereby proclaim
April 2008 as Month of the Young Child in the City of Saratoga, and urge all citizens to invest in
and support early childhood education, and
BE IT FURTHER RESOLVED that I urge all citizens to recognize the contributions of early
childhood teachers and caregivers who are committed to focusing special attention on the
importance of early education and care.
_________________________
Chuck Page, Vice Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Proclamation Recognizing April 15, 2008 as Arbor Day in the City of Saratoga and
Receipt of Tree City USA Award
RECOMMENDED ACTION:
Acknowledge proclamation and accept Tree City USA Award.
BACKGROUND:
Arbor Day is celebrated throughout the nation to recognize the environmental, economic, and
social benefits of trees. On April 15, 2008, the City will be holding an Arbor Day celebration in
El Quito Park at 1:00 p.m. The event will include a ceremonial tree planting to reflect the City’s
dedication to preserving Saratoga’s urban canopy.
Recently, the City of Saratoga has been recognized as a Tree City USA. This award is bestowed
to cities that have demonstrated a strong commitment to the preservation of the community’s
urban forest. In 2007, the Council directed staff to apply to the Tree City USA program and
during the April 2, 2008 Council Meeting the Tree City USA Award will be formally presented
to the City by John Melvin of the California Department of Forestry and Fire Protection on
behalf of the Arbor Day Foundation.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
Page 1 of 2
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Page 2 of 2
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Arbor Day Proclamation
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CITY OF SARATOGA
PROCLAMATION DECLARING AND SUPPORTING
APRIL 15, 2008 AS ARBOR DAY IN THE CITY OF SARATOGA
WHEREAS, in1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that
a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and
provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, and fuel
for our fires; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal;
NOW, THEREFORE, I, Chuck Page, Vice Mayor of the City of Saratoga, do hereby proclaim
April 15, 2008 as Arbor Day in the City of Saratoga, and urge all citizens to celebrate Arbor Day
and to support efforts to protect our trees and woodlands, and
BE IT FURTHER RESOLVED that I urge all citizens to plant trees to gladden the heart and
promote the well-being of this and future generations.
_________________________
Chuck Page, Vice Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson
SUBJECT: Presentation – American Cancer Society Colon Cancer Free Zone
RECOMMENDED ACTION:
Accept oral report by American Cancer Society representatives regarding Colon Cancer Free
Zone.
REPORT SUMMARY:
Representatives Jim Smaha and Sid Faulkner will give an oral presentation on “Colon Cancer
Free Zone”. The presentation will include updates on the progress of the Zone and reinforce the
importance of colorectal cancer screenings.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of agenda.
ATTACHMENTS:
N/A
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson
SUBJECT: Presentation – Valley Transportation Authority (VTA) – Regional Approach
RECOMMENDED ACTION:
Informational only.
REPORT SUMMARY:
VTA Representative Jim Lawson will give an oral presentation on recommendations for the
following changes to VTA’s governance:
1. Reconfigure the small city groupings to include a new group comprised of Santa Clara,
Sunnyvale and Milpitas, and move Los Altos Hills to the West Valley City Group.
2. Eliminate the concept of city groupings selecting their representative(s) through a rotation
process. Each of the city groups will “select” their representative(s) to serve as a Director
on the VTA Board.
3. VTA Directors will still serve two-year terms. However, the appointing authorities will
be encouraged to reappoint representatives to consecutive terms.
4. Include a process for selecting VTA Directors within the city groupings. VTA Directors
should have the required experience and qualifications in transportation.
For additional information I have attached a memorandum dated March 7, 2008 regarding VTA
Governance. This memorandum was distributed to the mayors and managers attending the
March 26, 2008 West Valley Mayors and Manager’s meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
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N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of agenda.
ATTACHMENTS:
1 - VTA Governance Memorandum dated March 7, 2008
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – March 19, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – March 19, 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 from March 19, 2008
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MINUTES
SARATOGA CITY COUNCIL
MARCH 19, 2008
Mayor Waltonsmith 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, Aileen Kao, Kathleen King,
Vice Mayor Chuck Page, Mayor Ann Waltonsmith
ABSENT: None
ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Ann Sullivan, Acting City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
Crystal Morrow, Administrative Analyst
Shweta Bhatt, Associate Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008
Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for the meeting of March 19, 2008, was properly posted on March
14, 2008.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Joyce Hlava, Chair of Planning Commission addressed the Council on the Joint Meeting
held prior to the Regular Meeting. The main topic of the Joint Meeting was the work
schedule for the Planning Commission for 2008/2009. Chair Hlava noted that because
their work schedule was already so full that they didn’t think they could add any more to
it. Chair Hlava noted the Planning Commission would be quite busy doing the Housing
Element of the General Plan; and Council agreed.
They also discussed issues Councilmember Kathleen King raised regarding planning.
Members of the Planning Commission agreed to schedule a study session to address
those planning issues.
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.
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The following people requested to speak at tonight’s meeting:
Jim Stallman member of the Trails Sub-Committee to the Parks and Recreation
Commission updated the Council on the status of the Trail Conservation Project in the
Parker Ranch neighborhood. Mr. Stallman also noted working on the Trail Project was a
good way for students 14 to 18 years of age to achieve community service hours that may
be required by schools. Mr. Stallman noted students must fill out volunteer forms that
are made available at the trail project site or they can download the forms from the City’s
website.
Citizen Ray commented on the removal of the dead/damaged pines on Highway 9; and
commented on the fact that the bicycle path is now open and has new signage.
Diane Drewke clarified her concerns regarding compliance with the Public
Records Act and with uniform Code Enforcement.
Priscilla Ho reported on an incident in which she was confronted by a sexual predator.
She provided advice that she had received from the Sheriff’s Office about how best to
respond to such an incident; yell, run into a nearby store, call 911.
ORAL COMMUNICATIONS – COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Oral Communications.
Councilmember Kathleen King requested staff call Fred Andrade to inform him the pines
have been removed.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
Vice Mayor Chuck Page – stated he had some comments regarding garbage and recycling
diversion rates – based on the amount of recycling. Each year an analysis is done on the
diversion of waste from landfills and for the first time in recent history, the four cities
that are in the West Valley Sanitation District (Campbell, Los Gatos, Monte Sereno and
Saratoga) were all above 50%; which is a state requirement under AB939. Page noted
that Saratoga came in with a landfill diversion rate of 68%.
Page also noted the Chamber of Commerce is having a Business Expo on April 3rd from
4:00 to 7:00pm at West Valley College.
Mayor Ann Waltonsmith noted Councilmembers are attempting to go as paperless as
possible at council meetings.
CEREMONIAL ITEMS
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1. PROCLAMATIONS RECOGNIZING THE HOUSE FAMILY FOUNDATION
AND THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION
FOR THEIR SUPPORT OF THE NORTH CAMPUS
Mayor Waltonsmith read and presented the proclamation to Dave House representing
the House Family Foundation. Mayor Waltonsmith also read and presented the
proclamation to Tracey Enfantino representing the Saratoga-Monte Sereno
Community Foundation.
Councilmember Jill Hunter noted that the Community Foundation also donated
$4,500 towards the banners that were placed in the Village.
2. APPOINTMENT OF HERITAGE PRESERVATION COMMISSION AND
OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing one member to the Heritage Preservation
Commission and direct the City Clerk to administer the Oath of Office
RESOLUTION: 08-015
KAO/PAGE MOVED TO APPROVE APPOINTMENT OF JAMES SORDEN
TO THE HERITAGE PRESERVATION COMMISSION.
MOTION PASSSED 5-0.
Ann Sullivan, Acting City Clerk, administered the Oath of Office to James Sorden.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3. CITY COUNCIL MINUTES – MARCH 5, 2008
STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page removed this item for discussion. Councilmember Page explained
he had provided the Acting City Clerk with a typo in the minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH
5, 2008 AS AMENDED. MOTION PASSED 5 - 0
4. REVIEW OF ACCOUNTS PAYABLE REGISTERS
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STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for the following Accounts
Payable cycles:
February 28, 2008
March 6, 2008
KING/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR FEBRUARY
28, 2008 AND MARCH 6, 2008. MOTION PASSED 5 -0
5. AUTHORIZATION TO PURCHASE TWO CHEVROLET SILVERADOS
AND TWO CHEVROLET COLORADOS IN THE AMOUNT OF $84,250 AND
DECLARATION OF SURPLUS PROPERTIES AND AUTHORIZATION OF
DISPOSAL
STAFF RECOMMENDATION:
1. Move to authorize the purchase of two 2008 Chevrolet Silverados (one 1500 Model
and one 3500 Model) and two 2008 Chevrolet Colorados from Courtesy Chevrolet
(Morgan Hill) in the amount of $84,250
2. Move to declare the following vehicles as surplus and authorize their disposal
•1992 GMC 3500 1-ton--vehicle # 81
•1995 GMC Sonoma--vehicle # 84
•1996 GMC Sonoma--vehicle # 91
Councilmember Hunter removed this item for discussion. Item approved after
discussion about availability/feasibility/desirability of purchasing hybrids.
HUNTER/KING MOVED TO AUTHORIZE THE PURCHASE OF TWO 2008
CHEVROLET SILVERADOS (ONE 1500 MODEL AND ONE 3500 MODEL)
AND TWO 2008 CHEVROLET COLORADOS FROM COURTESY
CHEVROLET (MORGAN HILL) IN THE AMOUNT OF $84,250. MOTION
PASSED 5 – 0.
6. CITY OF SARATOGA PERSONNEL RULES AND POLICIES –
PART II OF II
STAFF RECOMMENDATION:
Adopt the resolution approving the City of Saratoga Personnel Rules and Policies –
Part II of II.
RESOLUTION: 08-017
KING/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE CITY
OF SARATOGA PERSONNEL RULES AND POLICIES – PART II OF II.
MOTION PASSED 5 – 0.
7. 2006 PAVEMENT MAINTENANCE PROGRAM – NOTICE OF
COMPLETION
STAFF RECOMMENDATION:
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Move to accept the 2006 Pavement Maintenance Program as complete and authorize
staff to record the Notice of Completion for the construction contract
KING/PAGE MOVED TO ACCEPT THE 2006 PAVEMENT MAINTENANCE
PROGRAM AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE
NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT.
MOTION PASSED 5 – 0.
8. RESOLUTION SUPPORTING EXTENDED PRODUCER RESPONSIBILITY
STAFF RECOMMENDATION:
Adopt resolution supporting Extended Producer Responsibility.
RESOLUTION: 08-020
KING/PAGE MOVED TO ADOPT RESOLUTION SUPPORTING EXTENDED
PRODUCER RESPONSIBILITY. MOTION PASSED 5 – 0.
9. AMENDMENT TO THE INDEPENDENT CONTRACTOR AGREEMENT
FOR METROPOLITAN PLANNING GROUP – FY 07/08
STAFF RECOMMENDATION:
Authorize the City Manager to execute the agreement to increase by $18,000 the
contract amount with Metropolitan Planning Group (MPG) for planning and
development services.
Councilmember Kao removed this item for discussion. Item approved after
clarification about why the amendment was needed (additional hours of service had
been required of MPG during the year due to staff vacancies; additional funds were
needed to provide ongoing services through the end of the Fiscal Year).
KAO/KING MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT TO INCREASE BY $18,000 THE CONTRACT AMOUNT
WITH METROPOLITAN PLANNING GROUP FOR PLANNING AND
DEVELOPMENT SERVICES. MOTION PASSED 5 – 0.
10. RESOLUTION CONCERNING GREEN BUILDING POLICIES
STAFF RECOMMENDATION:
Adopt the attached resolution:
1. Formally recognizing Leadership in Energy and Environmental Design (LEED)
and Build It Green’s GreenPoint Rated systems as official City of Saratoga green
building reference documents for informational and educational purposes;
2. Directing the City’s Community Development Department to provide LEED
and/or GreenPoint Rated system checklists to building permit applicants, and to
require the completion and submittal of the appropriate checklist (based upon project
type and scope) as part of the planning application. The LEED and/or GreenPoint
Rated checklist is for informational purposes only and will not be utilized by the
Planning Commission in support of its findings; and
3. Establishing a standard of LEED Silver certification or better for all City-owned
new construction and renovation projects over five thousand (5,000) square feet.
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RESOLUTION: 08-019
KING/PAGE MOVED TO ADOPT RESOLUTION
(1.)FORMALLY RECOGNIZING LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) AND BUILD IT GREEN’S
GREENPOINT RATED SYSTEMS AS OFFICIAL CITY OF SARATOGA
GREEN BUILDING REFERENCE DOCUMENTS FOR INFORMATIONAL
AND EDUCATIONAL PURPOSES;
(2.) DIRECTING THE CITY’S COMMUNITY DEVELOPMENT
DEPARTMENT TO PROVIDE LEED AND/OR GREENPOINT RATED
SYSTEM CHECKLISTS TO BUILDING PERMIT APPLICANTS, AND TO
REQUIRE THE COMPLETION AND SUBMITTAL OF THE APPROPRIATE
CHECKLIST (BASED UPON PROJECT TYPE AND SCOPE) AS PART OF
THE PLANNING APPLICATION. THE LEED AND/OR GREENPOINT
RATED CHECKLIST IS FOR INFORMATIONAL PURPOSES ONLY AND
WILL NOT BE UTILIZED BY THE PLANNING COMMISSION IN
SUPPORT OF ITS FINDINGS; AND
(3.) ESTABLISHING A STANDARD OF LEED SILVER CERTIFICATION
OR BETTER FOR ALL CITY-OWNED NEW CONSTRUCTION AND
RENOVATION PROJECTS OVER FIVE THOUSAND (5,000) SQUARE
FEET. MOTION PASSED 5 – 0.
11. COUNCIL CONTINGENCY FUNDS
STAFF RECOMMENDATION:
Approve budget adjustment to appropriate additional Council Contingency funding
and adopt Resolution of the City Council of the City of Saratoga amending the annual
budget for fiscal year 2007/08 to provide additional council contingency funding.
RESOLUTION: 08-011
Councilmember Kao removed this item for discussion. Item approved after
discussion about the need to anticipate ongoing expenditures in the annual budget
rather than using council contingency funds to pay for them.
KAO/PAGE MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR
FISCAL YEAR 2007/08 TO PROVIDE ADDITIONAL COUNCIL
CONTINGENCY FUNDING. MOTION PASSED 5 – 0.
12. AGREEMENT TO PROVIDE ANNUAL AUDIT SERVICES
STAFF RECOMMENDATION:
Authorize City Manager to enter into an agreement for professional auditing services
with Vavrinek, Trine, Day & Co., CPAs
Councilmember Kao removed this item for discussion. Item approved after
clarification about why the Auditors’ proposal for multi-year services included
different amounts from year to year.
23
KAO/HUNTER MOVED TO AUTHORIZE CITY MANAGER TO ENTER
INTO AN AGREEMENT FOR PROFESSIONAL AUDITING SERVICES
WITH VAVRINEK, TRINE, DAY & CO., CPA’S. MOTION PASSED 5 – 0.
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.
13. FY 2008/09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING
STAFF RECOMMENDATION:
1. Conduct the Public Hearing.
2. Adopt the attached Resolution (Attachment B) authorizing the Community
Development Department to submit funding allocations to Santa Clara County for
CDBG proposals totaling $133,214.
RESOLUTION: 08-018
Associate Planner Shweta Bhatt presented the staff report and noted the City had
received six applications for CDBG funding three for public service projects and
three for non-public service projects. The public service projects are: the Saratoga
Araea Senior Coordinating Council (SASCC), West Valley Community Services, and
Catholic Charities of San Jose. Total amount of money requested is $54,164,
exceeding the amount available by $21,432 dollars. SASCC requested $34,000 in
support of the Adult Day Care Center; West Valley Community Services requested
$15,164 for food pantry and emergency services; and Catholic Charities of San Jose
requested $5,000 in support of their Long Term Ombudsman Program.
Non-public service projects: City of Saratoga Public Works Department requested
$55,600 funding in support of Disabled Accessible Signal Program; the City of
Saratoga Recreation Department requested $12,943 funding to install a disabled
accessible ramp at the Historic Museum; and a request for funding to install disabled
accessible seating in the Civic Theater. Funds previously allocated to a storage
project unit have since been deemed ineligible and have been recommended to be
transferred to fund this project. Total amount to be transferred would be $6,225.
Mayor Waltonsmith opened the public hearing and invited comments.
The following people requested to speak on this item:
Megan Wadkins representing Catholic Charities spoke in support of funding for the
Long Term Ombudsman program.
Naomi Nakano-Matsamoto spoke in support of funding for West Valley Community
Services food pantry program.
24
Kim Ferm spoke in support of West Valley Community Services emergency
assistance program.
Victoria Yang stated she works for West Valley Community Services and noted all
the great services provided to the community by West Valley Community Services.
Cathy Morris spoke as a recipient of the services provided by West Valley
Community Services and noted that because of the services provided to her she was
able to get food assistance, which helped her get through a difficult time.
Bradley Enright spoke as a recipient of West Valley Community Services and was
very thankful for the services he received.
Susan Huff, Director of SASCC, spoke about the services provided by SASCC and
the need to improve the quality of life for senior citizens. Ms. Huff went on to explain
the need for the requested funding, and noted that SASSC’s Adult Care Center
currently serves 11 Saratoga residents (35% of the membership).
Chuck Schoppe, President of the Saratoga Historical Foundation spoke on behalf of
the requested funding for the disabled accessible ramp to the Historic Museum.
Heather Venable spoke on behalf of West Valley Community Services and the
assistance she received from them.
Mayor Waltonsmith closed the public hearing.
After lengthy discussion, the Council decided to:
• Fully fund the “public services” requests from three applicants by using Council
Contingency Funds of $21,432 to pay for the shortfall in CDBG funds.
• Fund the “non-public services” requests – accessible signal program, disabled
accessible ramp at Museum with remaining funds to be used as contingency, and
fund disabled accessible seating in the Civic Theater from a prior project deemed
ineligible for CDBG funding.
KING/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING THE
COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT FUNDING
ALLOCTIONS TO SANTA CLARA COUNTY FOR CDBG PROPOSALS
TOTALING $133,214. MOTION PASSED 4 – 1 WITH COUNCILMEMBER
KAO OPPOSING.
COUNCIL’S DIRECTION TO STAFF:
Include the following in the application form for next year:
• Any matching funds that the agency has obtained (particularly from other
neighboring jurisdictions)
• Total number and percentage of Saratogans served by agency’s programs.
Mayor Waltonsmith declared a break at 9:10 p.m.
Mayor Waltonsmith recovened the meeting at 9:15 p.m.
25
14. PUBLIC HEARING AND ADOPTION OF (1) ORDINANCE ADOPTING AND
AMENDING THE 2007 EDITIONS OF THE CALIFORNIA BUILDING,
PLUMBING, MECHANICAL, ELECTRICAL AND FIRE CODES;
ADOPTING A NEW EXCAVATION AND GRADING CODE; ADOPTING A
NEW REPAIR AND RECONSTRUCTION CODE AND (2) RESOLUTION
REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING
CODE DUE TO LOCAL CONDITIONS
STAFF RECOMMENDATION:
(1) Conduct a public hearing concerning the attached ordinance and resolution
introduced at the City Council meeting of February 20, 2008;
(2) Adopt the ordinance Adopting and Amending the 2007 editions of the California
Building, Plumbing, Mechanical, Electrical and Fire Codes; adopting a new
Excavation and Grading Code; adopting a new Repair and Reconstruction Code;
(3) Adopt the resolution regarding the need to modify the California Building Code
due to local conditions.
ORDINANCE: 256
RESOLUTION: 08-016
City Attorney Richard Taylor presented the staff report.
Mayor Waltonsmith opened the public hearing and invited comments.
Priscilla Ho asked if the proposed changes to the building code related to a
requirement to install sprinklers included garages.
After council discussion Mayor Waltonsmith closed the public hearing.
HUNTER/KING MOVED TO (1) ADOPT THE ORDINANCE ADOPTING AND
AMENDING THE 2007 EDITIONS OF THE CALIFORNIA BUILDING,
PLUMBING, MECHANICAL, ELECTRICAL, AND FIRE CODES;
ADOPTING A NEW EXCAVATION AND GRADING CODE; ADOPTING A
NEW REPAIR AND RECONSTRUCTION CODE. MOTION PASSED 5 – 0.
HUNTER/KING MOVED TO (2) ADOPT THE RESOLUTION REGARDING
THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO
LOCAL CONDITIONS. MOTION PASSED 5 – 0.
OLD BUSINESS
None
NEW BUSINESS
15. 2008 SPRING ISSUE OF THE SARATOGAN
STAFF RECOMMENDATION:
26
Accept report and direct staff accordingly.
Council provided input about the format “look”, topic ideas and gave direction to
staff for future Saratogan issues.
16. ADVANCE PLANNING FEES
STAFF RECOMMENDATION:
Direct Staff Accordingly.
John Livingstone, Director of Community Development presented the staff report.
Item was initially tabled for clarification of financial information. Following Council
discussion the item was approved to be included in the fee schedule and brought back
to Council for approval.
17. REVIEW OF ROAD MAINTENANCE FEE STUDY
STAFF RECOMMENDATION:
Accept report and provide direction to staff.
John Cherbone, Director of Public Works presented the staff report.
Mayor Waltonsmith opened the public hearing and invited public comment.
Mayor Waltonsmith closed the public hearing.
Following council discussion the item was approved to be included in the fee
schedule and brought back to Council for approval.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith – noted the West Valley Mayors and Managers would be
meeting next Wednesday.
SASCC – noted the next meeting is Tuesday, March 25.
Hakone Foundation – noted she attended a Special Meeting on Tuesday, which was well
attended by the public.
Comprehensive County Expressway Planning Study Advisory Board (PAB) – noted the
next meeting is scheduled for May.
Vice Mayor Chuck Page – noted he met with the Chamber of Commerce and stated they
are moving forward with plans for Taste of Saratoga in September.
West Valley Sanitation District – noted the District met and there is a lot of focus on the
Waste Water Treatment Plant; they are starting a new project in Monte Sereno upgrading
old sewer lines to new sewer lines and are also upgrading sewer lines in Saratoga.
Councilmember Kathleen King – noted she attended the annual Santa Clara County
Cities Association dinner/meeting.
Valley Transportation Authority PAC – noted a recommendation on a potentially new
division of cities and voting. King requested staff contact VTA and have a representative
27
attend the April 2, 2008 council meeting and make a presentation regarding VTA’s
“regional approach”.
City Schools Adhoc – noted they are trying to schedule a meeting to discuss Pop Warner
and the noise issue.
Councilmember King requested changes be made to Council Assignments regarding
Prospect Road and TEA Committee. (This change will be agendized on the April 2, 2008
Council meeting)
Councilmember Jill Hunter – noted she met with the Historic Foundation and they are
continuing to increase their membership and are sending out letters asking people to
support their organization.
KSAR – noted she attended the last meeting and they are in the process of interviewing
station manager candidates and are deciding whether or not to have an Advisory
Committee.
Councilmember Aileen Kao – noted the City School Adhoc would be meeting with the
Saratoga High School principal on Friday, March 21, 2008.
Santa Clara County Cities Association –noted she attended the dinner meeting last week
and stated the association will be focusing on three items: Greening Policy, Solar Panel
Permits, and Affordable Housing.
CITY COUNCIL ITEMS
Councilmember Hunter noted the City would be planting a tree (donated by Rotary) at El
Quito Park on April 14, 2008 in recognition of Arbor Day.
Councilmember King requested the City Garage Sale be placed on the Agenda Planner.
OTHER
None
CITY MANAGER’S REPORT
City Manager Dave Anderson reported that he would be on vacation and traveling out of
state the following week, and noted Assistant City Manager Barbara Powell would be
Acting City Manager during his absence. Anderson also noted the Mayor had approved
his vacation request prior to the council meeting.
Anderson also noted the Hakone meeting that took place earlier in the week was a sub-
committee of the Board chaired by former Mayor Norm Kline. Anderson reported the
Architect, who has been working for Hakone for 30 years, made a presentation on the
design of a visitor’s center for Hakone and gave the Committee three alternate locations
for the building: Site 1) At the present site of the existing bathroom; 2) Site of the present
office building; 3) At top of the parking lot near the bamboo grove. Most everyone
agreed the visitor’s center should be located near the bamboo grove.
ADJOURNMENT
PAGE/KAO MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0.
28
There being no further business Mayor Waltonsmith adjourned the regular meeting at
10:50PM.
Respectfully submitted,
Ann Sullivan, CMC
Deputy City Clerk
29
Dave Anderson
Karen Caselli Anil Paul
RECOMMENDED ACTION:
That the City Council accepts the Check Registers for the following Accounts Payable payment cycles:
March 13, 2008
March 20, 2008
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
03/13/08 107341 107388 48 $45,264.99 03/14/08 03/06/08 107340
03/20/08 107389 107443 55 $136,700.82 03/20/08 03/13/08 107388
Total $181,965.81
AP Date Check No. Issued to Dept.Amount
03/13/08(No checks over $10,000)$0.00
03/20/08 107399 Public Works $31,705.00
03/20/08 107400
Community
Development $14,176.04
03/20/08 107407 CIP Activity $30,308.18
03/20/08 107438 Various $10,676.81
The following is a list of Accounts Payable checks that were voided or manually issued:
AP Date Check No. Issued to Amount
3/13/08 $128.00
3/20/08 ($450.00)
Animal Control - Monthly Services
Solid Waste Fees FY 07/08City of Campbell
General
General
City of San Jose
CITY MANAGER:
SARATOGA CITY COUNCIL
Finance & Administrative Services
Accounts Payable
Checks
Released
April 2, 2008
Total Checks
MEETING DATE:
Date
SUBJECT: Review of Accounts Payable Check Registers.
PREPARED BY:
Accounts Payable
Ending
Check No.
Purpose
Prior Check Register
Amount
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund
Type of Checks
Starting
Check
No.
Various
AGENDA ITEM:
ACCOUNTING SUPERVISOR:
Stale Dated Checks Voided and Reissued
Stale Dated Checks Voided (no reissue)
Description
George Bianchi
Construction
DEPARTMENT:
El Quito Area Curb
Replacement
Concrete Repair - Curb, Gutter,
Sidewalk
Cal Card Monthly Billing
U.S. Bank Purchasing
Card Program
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report30
The following is a list of cash reduction by fund:
Fund #AP 3/13 AP 3/20 Total
001 General 28,243.32 79,298.72 107,542.04
201 Manor Drive Landscape 50.13 50.13
202 Ferdericksburg Landscape -
203 Greenbriar Landscape -
204 Quito Lighting -
205 Azule Lighting -
206 Sarahills Lighting 95.58 95.58
207 Village Lighting -
209 McCartysville Landscape -
210 Tricia Woods Landscape -
211 Arroyo de Saratoga Landscape -
212 Leutar Court Landscape -
215 Bonnet Way Landscape -
216 Beauchamps Landscape -
217 Sunland Park Landscape -
222 Prides Crossing Landscape -
224 Village Commercial Landscape -
225 Saratoga Legends Landscape -
226 Bellgrove Landscape -
227 Cunningham/Glasgow Landscp -
228 Kerwin Ranch Landscape -
229 Tollgate LLD 23.89 23.89
231 Horseshoe Landscape/Lighting -
232 Gateway Landscape 112.55 112.55
233 Carnelian Glen -
270 CDBG Administration -
271 Saratoga Housing & Rehab.Prg.-
400 Library Bond Debt Service -
501 Equipment Replacement ISF -
502 Information Technology -
503 Facility Improvement 2,156.89 4,659.05 6,815.94
504 Facilities 2,856.39 1,144.05 4,000.44
505 Information Technology 329.84 329.84
506 Office Stores Fund 81.98 81.98 163.96
510 Liability/Risk Mgt 3,203.46 3,203.46
511 Workers' Comp -
701 Traffic Safety -
702 Highway 9 Safety -
704 -
706 Sidewalk Annual Project -
708 -
716 Highway 9/Oak Pedestrain -
720 KSAR/CATV Agency Fund -
724 Village Newsrack Enclosures -
726 2 Solar Radar Feedbacks -
727 El Quito Area Curb Replacement 30,308.18 30,308.18
731 Storm Drain Upgrades -
Fund Description
Annual Street Resurfacing
Saratoga Sunnyvale PH 2
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report31
The following is a list of cash reduction by fund: (cont.)
Fund #AP 3/13 AP 3/20 Total
732 Median Landscape/Irrigation -
734 Civic Center Landscape 250.00 250.00
735 Village Lights (Zone 7A)-
736 Village Trees Lighting -
738 Cox Ave Railroad Crossing -
739 5,112.80 5,112.80
744 Village Sidewalk, Curb/Gutter -
746 Saratoga-Sunnyvale Gateway -
747 -
748 El Ca Grante/Monta Vista -
749 Sara-Sun Gateway Sidewalk -
751 Financial System Upgrade 769.78 769.78
752 -
755 Warner Hutton House Improv.1,198.60 1,198.60
760 Facility Projects 4,234.56 4,234.56
761 2,299.00 2,299.00
762 North Campus/19848 Prospect -
766 Historical Park Fire Alarm -
778 -
780 -
783 -
785 10,811.81 10,811.81
786 -
789 -
790 -
791 3,949.25 3,949.25
792 Alternative Soccer Field -
793 694.00 694.00
795 -
796 -
797 San Marcos OP Space Trail -
45,264.99 136,700.82 181,965.81
- - -
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the A/P Checks By Period and Year report format
TOTAL
Beauchamp Park Fund
Parks/Trails Repair
Sara-Sun ADA Curb Ramps
Trail Segment #3 Repair
Teerlink Ranch Trail Repair
Carnelian Glen Footbridge
UPRR/De Anza Trail
Citywide Tree Replanting
Kevin Moran
Hakone Garden D/W
Document Imaging Project
Wildwood Park - Wtr/Seat
Fund Description
El Quito Park Improvement
Fire Alarm McWill&Book Go
Prospect Road Medians
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report32
33
34
35
36
37
38
39
40
41
42
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey,
Finance & Admin Services Director
SUBJECT: Treasurer’s Report for the Month Ended November 30, 2007
RECOMMENDED ACTION
The City Council accept the Treasurer’s Report for the month ended November 30, 2007.
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, 2007, the City had $158,569 in cash deposit at Comerica bank, $12,938,843 on
deposit with LAIF, and $1,244 in cash with fiscal agents for the Public Financing Authority Bond account
and the Library GO Bond. 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, 2007
is $13,098,657 and exceeds the minimum limit required.
43
Treasurer’s Report for the Month Ended November 30, 2007 … (contd.)
MONTHLY EFFECTIVE YIELD (MEY)
The LAIF balance earned lower interest during the month due to decline of 100 basis points in MEY over
the previous month. The MEY is forecasted to continue to decline over the next few months.
Cash Summary
Unrestricted Cash
Comerica Bank 158,569$
Deposit with LAIF 12,938,843$
13,097,413$
Restricted Cash
Fiscal Agents 1,244$
1,244$
Total 13,098,657$
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
44
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, 2007
General General Fund 428,228$
Reserved Fund Balance
Petty Cash Reserve 1,300$
Retiree Medical Reserve 62,500$
Designated Reserves:
Designated for Economic Uncertainty 1,500,000$
Designated for Operations 2,688,037$
Designated for Carryforwards 253,875$
Designated for Grants 80,000$
Designated for CIP - Radar Signs 47,000$
Designated for Special Project Reserve 450,000$
Special Revenue Highway Users Gas Tax 406,304$
Landscape and Lighting 226,401$
Development Services 1,684,890$
Enviromental Programs 710,667$
Development Fees 117,398$
Community Development Block Grant -$
SHARP loan 96,432$
Capital Project Park Development Fund 21,608$
Library Expansion Capital Project Fund 295,153$
Street Projects 1,766,972$
Park and Trail Projects 1,485,591$
Facility Improvement Projects 394,063$
Adminstrative Projects 167,746$
Debt Service Library Bond 95,504$
Internal Service Equipment Replacement 58,573$
IT Replacement 294,612$
Facility Improvement (35,944)$
Equipment Maintenance (20,122)$
Information Technology Services (114,031)$
Office Stores Fund 1,344$
Liability/Risk Management (55,651)$
Workers Compensation (42,189)$
Trust/Agency Leonard Road (3,469)$
Public Financing Authority 1,244$
KSAR - Community Access TV 34,621$
Total City 13,098,657$
45
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, 2007. 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
07/01/07
Inc/(Dec)
Jul-Oct Revenues Expenditures Transfers
Fund
Balance
11/30/07
General
Undesignated Unreserved Balance 1,928,665 (1,983,464) 1,188,582 1,015,130 118,652
Reserved Fund Balance:-
Petty Cash Reserve 1,300 - - - 1,300
Retiree Medical Reserve 62,500 - - - 62,500
Designated Fund Balances:-
Designated Economic Uncertainty 1,500,000 - - - 1,500,000
Designated for Operations 2,688,036 - - - 2,688,036
Designated for Grants 80,000 - - - 80,000
Designated for CIP Radar Signs 47,000 - - - 47,000
Designated for Special Projects 450,000 - - - 450,000
Designated for Claims 38,695 38,695
Designated for Development 1,355,080 608 - 0 1,355,688
Designated for Environmental 710,668 - - - 710,668
Special Revenue
Landscape/Lighting 316,077 (92,442) 14,483 8,822 229,295
SHARP Loan 89,588 6,744 1,111 - 97,442
Capital Project
Park Development 209,087 (184,860) - - 24,227
Library Expansion 684,553 (1,244) - - 683,309
Highway Users Gas Tax 438,338 (81,276) 45,916 - 402,978
Street Projects 1,703,308 193,032 72,593 129,366 - 1,839,567
Park and Trails 1,298,728 372,419 - 38,182 - 1,632,965
Facility Improvements 441,991 (35,012) 200 13,638 - 393,541
Adminstrative Projects - 69,872 98,546 673 - 167,746
Debt Service
Library Bond 746,556 (645,704) 862 - 101,714
Internal Service Fund
Equipment Replacement 8,572 50,000 - - 58,572
Technology Replacement 352,280 (57,668) - - 294,612
Building Maintenance (15,617) (4,346) 40 46,056 (65,979)
Equipment Maintenance - (5,996) - 14,126 (20,122)
Information Technology Services - (27,427) - 16,724 (44,151)
Stores Fund - 4,497 - 3,152 1,344
Liability/Risk Management - (51,527) 6,533 10,657 (55,651)
Workers Compensation - (40,607) - (524) (40,083)
Total City 15,135,405 (2,514,403) 1,428,866 1,296,001 - 12,753,867
46
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, 2007
Street Projects
Traffic Safety 28,577
Highway 9 Safety Project 58,960
Annual Street Resurfacing Project 59,429
Sidewalks Yearly Project 98,980
Saratoga Sunnyale Road Resurfacing 121,934
Fourth Street Bridge 100,000
Highway 9 and Oak Place Pedestrian Sign (164,891)
Quito Road Bridge Replacement 9,730
Quito Road Bridge Construction 113,859
Solar Power Radar Feedback Signs 62,000
El Quito Area Curb Replacement 104,047
Sobey Road Culvert Repair 150,000
Storm Drain Upgrades 11,314
Median Repairs(Landscape/Irrig.)4,021
Village Improvements 50,000
Village Trees & Lights at Sidestreets 39,920
Cox Ave Railroad Crossing Upgrade (25,956)
Prospect Road Median 50,000
City Entrance Sign/Monument 13,467
Village-Streetscape Impv (Sidewalk, Curbs)737,846
Saratoga-Sunnyvale/Gateway (15,383)
Saratoga-Sunnyvale ADA Curb Ramps (350)
Storm Drain @ El Camino / Mt Vista 85,321
Saratoga-Sunnyvale/Gateway Sidewalk 74,148
Total Street Projects 1,766,972$
Parks & Trails
Beauchamp Park Fund 13,362
Wildwood Park - WTR/Seat 9,199
Historical Park Landscape 37,200
Citywide Tree Replanting 92,059
Hakone Garden D/W 164,283
DeAnza Trail (190,282)
Kevin Moran Improvements 1,096,084
West Valley Soccer Field 147,860
Park/Trail Repairs 37,125
Heritage Orchard Path 25,000
Trail Segment #3 Repair 12,632
Teerlink Ranch Trail 30,000
San Marcos OP Space Trail 5,130
CIP Allocation Fund 5,939
Total Parks & Trails 1,485,591$
Facility Improvements
Civic Center Landscape 49,708
WHH Improvements 22,396
Facility Projects (250)
Fire Alarm at McWilliams & Museum 20,387
North Campus - 19848 Prospect Road 295,560
Historical Park Fire Alarm System 6,262
Total Facility Improvements 394,063$
Administrative Projects
Financial System Upgrade 70,734
Document Imaging Project 97,011
Total Administrative Projects 167,746$
Total CIP Funds 3,814,371$
47
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
07/01/07
Inc/(Dec)
Jul-Oct Revenues Expenditures Transfers
Fund
Balance
11/30/07
Street Projects
Traffic Safety 41,355 (6,007) - 6,771 28,577
Highway 9 Safety Project 58,960 - - - 58,960
Annual Street Resurfacing Project - 59,987 - 559 59,429
Sidewalks Yearly Project 108,605 (9,625) - - 98,980
Saratoga Sunnyale Road Resurfacing - 122,119 72,593 185 194,527
Fourth Street Bridge 100,000 - - - 100,000
Highway 9 and Oak Place Pedestrian Sign (164,891) - - - (164,891)
Quito Road Bridge Replacement 9,730 - - - 9,730
Quito Road Bridge Construction 113,859 - - - 113,859
Solar Power Radar Feedback Signs 15,000 47,000 - - 62,000
El Quito Area Curb Replacement 213,179 (37,629) - 71,503 104,047
Sobey Road Culvert Repair 150,000 - - - 150,000
Storm Drain Upgrades 11,314 - - - 11,314
Median Repairs(Landscape/Irrig.)4,021 - - - 4,021
Village Improvements 50,000 - - - 50,000
Village Trees & Lights at Sidestreets 7,000 32,920 - - 39,920
Cox Ave Railroad Crossing Upgrade 24,392 - - 50,348 (25,956)
Prospect Road Median 50,000 - - - 50,000
City Entrance Sign/Monument 13,467 - - - 13,467
Village-Streetscape Impv (Sidewalk, Curbs) 737,846 - - - 737,846
Saratoga-Sunnyvale/Gateway 74,148 (89,531) - - (15,383)
Saratoga-Sunnyvale ADA Curb Ramps - (350) - - (350)
Storm Drain @ El Camino / Mt Vista 85,321 - - - 85,321
Saratoga-Sunnyvale/Gateway Sidewalk - 74,148 - - 74,148
Total Street Projects 1,703,308 193,032 72,593 129,366 - 1,839,567
Parks & Trails
Beauchamp Park Fund - 13,362 - - 13,362
Wildwood Park - Water Feature/Seating - 10,000 - 801 9,199
Historical Park Landscape - 37,200 - - 37,200
Citywide Tree Replanting - 106,530 - 14,471 92,059
Hakone Garden D/W 164,283 - - - 164,283
DeAnza Trail (184,219) 141,362 - 50 (42,907)
Kevin Moran Improvements 1,112,298 (14,962) - 1,252 1,096,084
West Valley Soccer Field 155,868 (8,009) - - 147,860
Park/Trail Repairs 44,558 (6,618) - 815 37,125
Heritage Orchard Path - 25,000 - - 25,000
Trail Segment #3 Repair - 13,225 - 594 12,632
Teerlink Ranch Trail - 30,000 - - 30,000
San Marcos OP Space Trail - 25,328 - 20,199 5,130
CIP Allocation Fund 5,939 - - - 5,939
Total Parks & Trails 1,298,728 372,419 - 38,182 - 1,632,965
Facility Improvements
Civic Center Landscape 63,703 (1,079) - 12,918 49,706
Warner Hutton House Improvements 25,000 (2,605) - - 22,395
Facility Projects - (250) - - (250)
Fire Alarm at McWilliams & Museum 25,000 (4,613) - - 20,387
North Campus - 19848 Prospect Road 322,025 (26,466) 200 720 295,040
Historical Park Fire Alarm System 6,262 - - - 6,262
Total Facility Improvements 441,991 (35,012) 200 13,638 - 393,541
Administrative Projects
Financial System Upgrade - 70,734 - - 70,734
Document Imaging Project - (862) 98,546 673 97,011
Total Administrative Projects - 69,872 98,546 673 - 167,746
Total CIP Funds 3,444,027 600,311 171,339 181,858 - 4,033,819
48
ATTACHMENT E
49
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, DEPT HEAD:
Acting City Clerk
SUBJECT: Resolution Amending Council Agency and Adhoc Committee Liaison
Assignments
RECOMMENDED ACTION(S):
Adopt a resolution amending Resolution 07-076 appointing Council representatives to
Committees, Agencies and Ad hoc Committees.
REPORT SUMMARY:
The City Council reorganized on December 4, 2007 for the coming year and assignments to
various agencies and ad hoc committees were adopted by Resolution No. 07-076.
Councilmember King was appointed to serve as the City’s representative on the Prospect Road
Ad hoc Council Committee. At the March 5, 2008 Council meeting Councilmember King
requested to be appointed to a new Council Committee – the Tax Equity Allocation (TEA)
Adhoc.
Councilmember Hunter offered to be the council representative on the Prospect Road Ad hoc in
place of Councilmember King.
The following changes to the Council Agency and Ad hoc Committee have been requested by
the Mayor and are reflected in the attached resolution:
Agency Councilmember Councilmember
Prospect Road Ad hoc Waltonsmith King Hunter
TEA Ad hoc Waltonsmith King
FISCAL IMPACTS:
N/A
50
2 of 2
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Council Agency and Ad hoc Committee Liaison Assignments would remain the same and no
new Ad hocs will be added to the assignments.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Agenda.
ATTACHMENTS:
1. Proposed Resolution Amending No. 07-076
51
RESOLUTION NO. 08-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING
RESOLUTION 07-076 APPOINTING COUNCIL
REPRESENTATIVES TO COMMITTEES, AGENCIES
AND AD HOC COMMITTEES
WHEREAS, the City Council reorganized on December 4, 2007 for the coming year; and
WHEREAS, representatives from the City Council serve on various committees, agencies, and
Ad hoc committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all its
members.
NOW, THEREFORE, BE IT RESOLVED that the following changes be made to the
Prospect Avenue Ad hoc and that the TEA Ad hoc be reconstituted. These changes expire
December 2008, or until revised.
Agency Councilmember Councilmember
Prospect Avenue Adhoc Waltonsmith King Hunter
TEA Adhoc Waltonsmith King
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 2nd day of April 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____
Chuck Page, Vice Mayor
ATTEST:
Ann Sullivan, Acting City Clerk
52
53
54
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Request to Change Parks and Recreation Commission Meeting Schedule
RECOMMENDED ACTION:
Adopt resolution approving the request to change the meeting schedule of the Parks and
Recreation Commission.
BACKGROUND:
After being suspended in 2005, the Parks and Recreation Commission has been reactivated and
held its first meeting on March 11, 2008. During the meeting, the Commissioners discussed the
meeting schedule and agreed to meet from 6:30 p.m. to 8:30 p.m. in the Planning Conference
Room at City Hall on the second Tuesday of odd-numbered months (January, March, May, July,
September, and November). The schedule agreed upon during the meeting works well for all
five Parks and Recreation Commissioners.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The meeting schedule of the Parks and Recreation Commission would be revaluated.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
Page 1 of 2
55
Page 2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Draft Resolution amending the regular meeting schedule of the Parks and Recreation
Commission
56
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE MEETING SCHEDULE FOR THE
SARATOGA PARKS AND RECREATION COMMISSION
WHEREAS, the Saratoga City Council adopted Resolution 432 establishing the Saratoga Parks and
Recreation Commission; and
WHEREAS, Resolution 432 mandates that the Parks and Recreation Commission establish a regular
time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the
provisions of the Ralph M. Brown Act (Governance Code Sections 54952 and following) and abide by State
law; and
WHEREAS, in September 2004, the Council adopted Resolution 04-070 amending the start time of
regular Parks and Recreation Commission meetings from 7:30 p.m. to 7:00 p.m.; and
WHEREAS, the Council adopted Resolution 05-032 in May 2005 to suspend the Parks and
Recreation Commission and renewed suspension of the Parks and Recreation Commission in March 2006
with Resolution 06-020; and
WHEREAS, the Council agreed to reactivate the Parks and Recreation Commission during the May
16, 2007 Council Meeting and the Parks and Recreation Commission began meeting again on March 11,
2008 and requested their meeting schedule be changed to 6:30 p.m. to 8:30 p.m. in the Planning Conference
Room at City Hall on the second Tuesday of odd-numbered months (January, March, May, July, September,
and November);
NOW THEREFORE, BE IT RESOLVED, that pursuant to Code Section 54954 that the regular
meeting schedule of the Parks and Recreation Commission shall be as follows:
TIME: 6:30 p.m. – 8:30 p.m.
DATE: 2nd Tuesday of odd-numbered months (January, March, May, July, September, and
November)
LOCATION: Saratoga City Hall, Planning Conference Room
The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga,
State of California, on this 2nd day of April 2008 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chuck Page, Vice Mayor
ATTEST:
Ann Sullivan, Acting City Clerk
57
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Jim Yoke, Emergency Services DIRECTOR:
Coordinator, Santa Clara County
Fire Department
SUBJECT: Establishment of a Community Emergency Response Team (CERT) Advisory
Committee
RECOMMENDED ACTION:
Establish a CERT Advisory Committee, reporting to the City Manager, that will set up Saratoga
CERT structure and authority.
REPORT SUMMARY:
On October 26, 2006, the first meeting of Saratoga CERT was held in the Community Center. At
that time there was no CERT program in Saratoga and the only residents trained in CERT
received their training from personnel from other cities. At that meeting a Saratoga program
began to take shape and since then two training academies have been held, and an organized
entity has taken shape. Saratoga has a group of volunteer leaders who work on planning,
communications, and logistics, a cargo box next to the corporation yard with various emergency
supplies for both the City and for CERT, and Saratoga CERT exists as a resource to be used by
the City in time of disaster.
However, the program still lacks any official or formal recognition as an entity within the City
and if established as a committee under the purview of the City Manager it would have that
designation.
A copy of proposed guidelines for the Advisory Committee is attached for your reference.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Saratoga CERT will continue to exist with an undefined role and relationship to the City.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
58
Write and approve By-Laws for the Advisory Committee so that detailed leadership and
membership direction can be established, and appoint members to the Advisory Committee.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
NA
ATTACHMENTS:
Proposed Saratoga CERT Advisory Committee Guidelines
59
Proposed Saratoga CERT Advisory Committee Guidelines
March 27, 2008
I. Mission – The Saratoga Emergency Response Team (CERT) will serve the City and
its residents in disaster preparedness and response.
II. Goals
A. Organize Saratoga CERT with a structure and Operational Plan supporting its
mission.
B. Educate and maintain the disaster preparedness of Saratoga CERT members.
C. Organize the neighborhoods of Saratoga for both preparedness and response
phases of disaster work.
D. Collaborate with both the City and the first responder community in preparedness
efforts
E. Cooperate with both the City and the first responder community during disaster
response.
III. Liaison – The liaison between the City Manager and Saratoga CERT is the Santa
Clara County Fire Department Emergency Services Coordinator for the City of
Saratoga.
IV. Structure
A. Administrative – The administrative structure of Saratoga CERT is to be outlined
in detail in its By-Laws, and will give guidance to membership, training
requirements, and terms of internal leadership.
B. Operational – The operational structure of Saratoga CERT is to be outlined in
detail in its Operational Plan, and describes how CERT will function in time of
disaster. Included are methods of activation and notification of the team, methods
of deployment of neighborhood divisions, methods of communications, and
interaction between field divisions, incident command posts, and the City
Emergency Operations Center (EOC).
V. Authorities
A. Saratoga CERT is part of the Operations Section of the Saratoga Emergency
Operations Center and is to be included in the revised Saratoga Emergency
Operations Plan.
B. The Saratoga CERT Advisory Committee will report to the City Manager.
C. Members of Saratoga CERT are sworn Disaster Service Workers for the City of
Saratoga.
D. Saratoga CERT is registered as an official CERT program with the United States
Department of Homeland Security and California Volunteers in the Governor’s
Office.
VI. Training Goals & Methods – Saratoga CERT in partnership with West Valley
College holds two training academies per year, one in the spring and one in the
autumn. These academies are open to all Saratoga residents and West Valley College
staff and students. Training includes both classroom and practical lessons in disaster
preparedness, small firefighting, disaster medical operations, light search and rescue,
team organization, disaster psychology, and terrorism.
VII. Operational Methods – Saratoga CERT is organized by neighborhoods where
residents have been trained. Each neighborhood is referred to as a “division” and each
division has arranged for staging areas where members will gather in time of disaster,
how they will communicate with each other, and has supplies to enable them to
achieve their tasks. Separate from the divisions, other individual CERT members will
be identified and are tasked with reporting to the City EOC, assisting the City in
managing spontaneous volunteers, and providing logistical support from the team’s
main supply cache to the divisions in the field. 60
61
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director
SUBJECT: Amendment to Annual Maintenance Service Contract – Irrigation Repairs
RECOMMENDED ACTIONS:
Approve an Amendment to the existing service contract with Hydrotec Irrigation Equipment Service for on
call irrigation repair and improvements in the amount of $46,500 and authorize the City Manager to execute
the same.
REPORT SUMMARY:
On October 4, 2006 the City Council approved a two year Maintenance Service Contract for Irrigation
Repairs in the amount of $60,000. This service is used primarily for on call repair work and service
repairs to existing facilities impacted by Capital Project work. The current contract is held by Hydrotec
Irrigation Equipment Service. The contract expires at the end of this fiscal year. The award of the service
contract went through an informal bid process as is allowed for service contracts. Hydrotec Irrigation was
determined to be the lowest responsible contractor.
Since award of the contract in 2006, the original expenditure authority is almost expended and new
capital and other miscellaneous projects are coming on line in which the need for irrigation repairs and
modifications may be required.
Staff recommends an additional expenditure authority in the amount of $46,500 for the remaining term of
the service contract. The following summarizes the estimated cost for additional irrigation repairs and
associated projects:
Location(s): Est. Cost Source of Funds
Citywide Tree Planting: $18,600 Tree Fine Account
El Quito Park: 3,500 El Quito Park Improvements
Congress Springs Park: 4,000 Park and Trail Repairs
Civic Center: 8,400 Civic Center Landscape Improvements
West Valley College: 12,000 West Valley College Soccer Field Improvements
Total: $46,500
The above listed estimated costs are for budget purposes only as amount of repairs and or modifications
to existing irrigation systems will be unknown until the projects are underway. Each source of funds
contains sufficient funding to support the requests.
Therefore it is recommended that City Council approve an increase to the service contract with Hydrotec
Irrigation Equipment Service in the amount of $46,500.
Page 1 of 2
62
Page 2 of 2
FISCAL IMPACTS:
Funding for this service is covered in the adopted CIP.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
As irrigation repairs or modifications arise work will be delayed.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The existing service contract will be amended.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Amendment to Annual Maintenance Service Contract.
63
CITY OF SARATOGA
AMENDMENT TO
INDEPENDENT CONTRACTOR AGREEMENT
THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ("City"), and HYROTECH IRRIGATION EQUIPMENT
SERVICES, ("Contractor"), who agree as follows:
WHEREAS, City and Contractor entered an independent contractor agreement dated July 1, 2006
(“Original Agreement”); and
WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the scope
of work and change the payment terms of the Original Agreement by entering into this Amendment
Agreement to amend the Original Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Amended Payment Terms. The payment amount included in Exhibit B Section 1, Total
Compensation, is hereby amended from $60,000 to $106,500. All other terms of Exhibit B shall
remain in full force.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
City of Saratoga Contractor
By: _______________________
Dave Anderson, City Manager
______
Date
By: ________________________
___________________________,
[Print Name]
___________________________
[Title]
_____
Date
Attest: _____________________
Ann Sullivan, Acting City Clerk
______
Date
Approved as to Form:
___________________________
Richard S. Taylor, City Attorney
______
Date
Approved as to Budget authority
and insurance:
__________________________
Mary Fury
Administrative Services Director
_______
Date
64
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director
SUBJECT: Extension of Existing Construction Contract with George Bianchi Construction, Inc.
for Additional Retaining Wall Work at West Valley College
RECOMMENDED ACTIONS:
Authorize an increase to the change order authority for an existing construction contract with George
Bianchi Construction, Inc. in the amount of $40,296 for additional retaining wall work at West Valley
College.
REPORT SUMMARY:
Staff is proposing a contract change order with George Bianchi Construction, Inc. for additional retaining
wall work at West Valley College as indicated in the Recommended Action above.
George Bianchi Construction, Inc. has agreed to extend their low bid proposal for this additional work.
West Valley College Retaining Wall
Discussion
This work is connected to the expansion of the lower sports field at West Valley College. Currently work
on the upper field is complete and is being used by the City’s youth sport groups. The lower field is
anticipated to be ready for play this fall.
Background
At the June 20th, 2007 City Council Meeting, the Council authorized George Bianchi Construction to
construct a retaining wall at West Valley College in the amount of $75,000. This work is connected to the
expansion of the lower sports field at West Valley College. The completion of the project will provide
access to the second of two soccer fields at West Valley College being improved by the City for youth
sports.
Funding for this project is approved in the adopted Capital Improvement Plan (CIP). During the last
update of the CIP Council authorized an additional $75,000 towards the project in part due to additional
costs associated with the retaining wall construction. The following information summarizes the approved
project budget and expenditures to date for the West Valley College Soccer Field Improvement Project:
Approved Budget:
Original Budget: $250,000
Page 1 of 2
65
Page 2 of 2
Budget Amendment: 75,000
Approved Budget: $325,000
Current Expenditures:
Sand Channel Improvements: $106,540 (Upper Soccer Field)
Retaining Wall: 74,835
Total to Date: $181,375
Current Project Balance: $143,625
Estimated Remaining Expenditures:
Retaining Wall (add work): $23,296
Concrete Removal: 17,000
Subtotal: 40,296 (Recommended Action)
Irrigation/Misc. Repair Work: 12,000
Sand Channels/Grading: 91,329 (Lower Soccer Field)
Total to Complete: $143,625
Therefore it is recommended that City Council approve an increase to the change order authority with
George Bianchi Construction in the amount of $40,296.
FISCAL IMPACTS:
Funding for this change order is covered in the adopted CIP.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The work will not move forward at this time.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The existing contract will be amended, and the additional work will be scheduled.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
66
SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher Riordan DIRECTOR: John F. Livingstone
Senior Planner Community Development Director
___ _________________
SUBJECT: Independent Contractor Agreement with RBF Consulting to prepare an update to
the General Plan Housing Element
__________________
RECOMMENDED ACTION:
Authorize the City Manager to execute the agreement with RBF Consulting (RBF) to prepare an
update to the City’s General Plan Housing Element.
REPORT SUMMARY:
Every five years the City of Saratoga (City) is required by the State of California (State) to update the
City’s Housing Element.
On October 16, 2007, the City Council and the Planning Commission held a public hearing to discuss
the update to the City’s General Plan Housing Element and to provide direction to staff on the scope of
work to be included in the Requests for Proposals (RFP) from consulting firms.
The City Council appointed a three member Planning Commission Committee (Committee) to assist
staff in preparing the RFP. After the scope of the RFP was approved by the Committee, it was sent to
twenty-four land use consulting firms located both in California and outside the State. The City
received proposals from three qualified firms.
Staff and the Committee reviewed the three proposals in detail and rated them on the following
parameters:
• Cost
• Schedule
• Scope
• Qualifications
• Experience
• Service
• Deliverables
Based on the review and after extensive discussion of the three proposals, staff and the Committee
selected RBF Consulting as the most qualified consultant to proceed in the selection process and to be
Page 1 of 2
67
Page 2 of 2
interviewed. On March 4th, representatives of RBF met with staff and the Committee at City Hall to
discuss their proposal and to answer questions about their experience and qualifications. Afterwards,
staff and the Committee made the final decision to move forward with RBF and to make a positive
recommendation to City Council.
FISCAL IMPACTS:
The budget for this fiscal year includes a General Plan Maintenance Fee (GPMF) on building permits.
Based upon average building permit activity, the Community Development Department estimates
revenues from the GPMF to be approximately $70,000 per fiscal year. There is $53,088 of GPMF
revenue collected to date (March 28, 2008) this fiscal year.
The scope of work in the agreement with RBF Consulting calls for work to commence in April 2008,
with payments totaling $71,500 over the following 6 to 8 months. Based on past revenue collections,
staff expects to have the full funding available from the GPMF within the next four months. Staff will
direct the consultant to pace the work within the available revenues collected to ensure funding is
available.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would have to consider selecting a different Land Use Consultant to prepare the update to the
General Plan Housing Element.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Execute the contract agreement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda was properly posted on March 28, 2008.
ATTACHMENTS:
1. Agreement with RBF Consulting
2. Proposal from RBF Consulting
68
City of Saratoga/Standard Contract Agreement Page 1 of 19
RBF Consulting
CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and RBF Consulting, a
California Corporation, ("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on April 3,
2008, and extends through April 3, 2009, or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the parties retain the right to terminate
this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
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City of Saratoga/Standard Contract Agreement Page 2 of 19
RBF Consulting
payments to be made to Contractor in connection with Contractor's
completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Mary Furey ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
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City of Saratoga/Standard Contract Agreement Page 3 of 19
RBF Consulting
hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
Tricia Schimpp
Manager, Environmental Planning Services
RBF Consulting
111 West Saint John Street, Suite 850
San Jose, CA 95113-1122
Notices to City shall be sent to:
John Livingstone
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
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City of Saratoga/Standard Contract Agreement Page 4 of 19
RBF Consulting
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By: ________________________________ Date: _________________
Print Name: _________________________
Position: ____________________________
CITY OF SARATOGA, a municipal corporation
By: __________________________________ Date: __________________
Name: _______________________________
Title: _______________________________
APPROVED AS TO FORM:
By:_______________________________ Date:___________________
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:_______________________________ Date: __________________
Administrative Services Director
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
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City of Saratoga/Standard Contract Agreement Page 5 of 19
RBF Consulting
EXHIBIT A
SCOPE OF WORK
Contractor shall complete the Scope of Work as outlined in the attached
proposal for an update to the General Plan Housing Element, prepared by
RBF Consulting, dated January 30, 2008, and which is on file in the
Community Development Department.
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City of Saratoga/Standard Contract Agreement Page 6 of 19
RBF Consulting
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION City shall pay Contractor an amount
not to exceed the total sum of Seventy One Thousand, Three Hundred Fifty
dollars ($71,350.00) for work to be performed and reimbursable costs
incurred pursuant to this Agreement. The total sum stated above shall be
the total which City shall pay for the work product to be provided by
Contractor pursuant to this Agreement.
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed and reimbursable expenses incurred prior to the invoice date.
Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount
of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work, and for authorized reimbursable expenses incurred.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
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EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall not
be an employee of City. Contractor shall complete the Scope of Work
hereunder in accordance with currently approved methods and practices in
Contractor's field. City shall have the right to control Contractor only with
respect to specifying the results to be obtained from Contractor pursuant to
this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall be
construed as limiting the right of Contractor to engage in Contractor's
profession separate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the
obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and
according to generally accepted standards observed by a competent
practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession. All work
product of whatsoever nature which Contractor delivers to City pursuant to
this Agreement shall be prepared in accordance with the standards of
quality normally observed by a person practicing in Contractor's profession
as set forth above.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
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5. BENEFITS AND TAXES Contractor shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time,
vacation pay, sick leave, personal time off, overtime, health insurance,
medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all
applicable taxes, including, but not limited to, federal and state income
taxes, and in connection therewith Contractor shall indemnify and hold City
harmless from any and all liability that City may incur because of
Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor's knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
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b. Subsequent Conflict of Interest. Contractor agrees that if an
actual or potential conflict of interest on the part of Contractor is
discovered after award, the Contractor will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Contractor has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Contractor shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall observe and comply with all laws,
policies, general rules and regulations established by City and
shall comply with the common law and all laws, ordinances, codes
and regulations of governmental agencies, (including federal, state,
municipal and local governing bodies) applicable to the
performance of the Scope of Work hereunder, including, but not
limited to, all provisions of the Occupational Safety and Health Act
of 1979 as amended.
b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain
and maintain during the term hereof a valid City of Saratoga
Business License.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
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d. Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a
drug-free workplace. Neither Contractor nor Contractor's
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement. Use of such documents by City for project(s) not the
subject of this Agreement shall be at City’s sole risk without legal
liability or exposure to Contractor.
b. Retention of Records. Until the expiration of three (3) years after
the furnishing of any services pursuant to this Agreement,
Contractor shall retain and make available to the City or any party
designated by the City, upon written request by City, this
Agreement, and such books, documents and records of Contractor
(and any books, documents, and records of any subcontractor(s))
that are necessary or convenient for audit purposes to certify the
nature and extent of the reasonable cost of services to City.
c. Use of Recycled Products. Contractor shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
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d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility" as per
the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive negligence of
the Contractor or of any subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, to the fullest extent permitted by law,
be fully protected from any loss, injury, damage, claim, lawsuit, cost,
expense, reasonable attorneys fees, litigation costs, defense costs, and court
costs or any other cost arising out of or in any way related to the negligent
performance under this Agreement. Accordingly, the provisions of this
indemnity provision are intended by the parties to be interpreted and
construed to provide the fullest protection possible under the law to the
City. Contractor acknowledges that City would not enter into this
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agreement in the absence of the commitment of Contractor to indemnify and
protect City.
a. Scope of Contractor Obligation. The obligations of Contractor
under this or any other provision of this Agreement will not be
limited by the provisions of any workers' compensation act or
similar act. Contractor expressly waives its statutory immunity
under such statutes or laws as to City, its employees and officials.
b. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or
any other person or entity involved by, for, with or on behalf of
Contractor in the performance or subject matter of this Agreement.
In the event Contractor fails to obtain such indemnity obligations
from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
c. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of
Section 2782 of the Civil Code the parties hereto recognize and
agree that this Agreement is not a construction contract. By
execution of this Agreement, Contractor acknowledges and agrees
that it has read and understands the provisions hereof and that
this paragraph is a material element of consideration. City
approval of the insurance contracts required by this Agreement
does not relieve the Contractor or subcontractors from liability
under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor's bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
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2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
seek specific performance, contract with another party to perform
this Agreement and/or seek damages including incidental,
consequential and/or special damages to the full extent allowed by
law.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, contractor's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
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18. LITIGATION If any litigation is commenced between parties to
this Agreement concerning any provision hereof or the rights and duties of
any person in relation thereto, each party shall bear its own attorneys' fees
and costs.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
WAIVER. Neither the acceptance of work or payment for work pursuant to
this Agreement shall constitute a waiver of any rights or obligations arising
under this Agreement. The failure by the City to enforce any of Contractor's
obligations or to exercise City's rights shall in no event be deemed a waiver
of the right to do so thereafter.
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EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
“X” indicated in the space before the requirement apply to Contractor's
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
work commences. City has the right to require Contractor's insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
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X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
___ $ ____________ per person/$__________ per accident for bodily
injury
___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property
damage
___ Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the contractor,
regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
$1,000,000 per loss/ $2,000,000 aggregate
___ $5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
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X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
___ All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
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2. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4. For any claims related to this project, the Contractor’s
insurance coverage shall be primary insurance as respects the
Entity, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the entity, its
officers, officials, employees or volunteers shall be excess of the
Contractor’s insurance and shall not contribute with it.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than a: VII.
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Online Citywide Community Calendar
RECOMMENDED ACTION:
Accept report and staff’s recommendation to continue using the Saratoga Chamber of Commerce
online calendar as a community calendar.
BACKGROUND:
During the February 2008 Council Retreat, staff was directed to research and report back to the
Council with options for developing an online citywide community calendar. In particular, staff
was asked to compare the benefits of a calendar run by Artsopolis or a calendar maintained by
the Saratoga Chamber of Commerce.
Artsopolis is a local non profit that was established to promote arts and culture in Silicon Valley
by offering an online calendar featuring arts and culture events. These events can be submitted
to Artsopolis for free. Additionally, Artsopolis offers online calendar services for other
businesses or government agencies. Artsopolis has created and now maintains community
calendars for Silicon Valley Community Newspapers, KEZR, KBAY, and the San Jose
Convention and Visitors Bureau.
These calendars powered by Artsopolis include events submitted by members of the public to the
Artsopolis calendar and to the calendars hosted by Artsopolis. Customers have the option to
filter calendar content based on criteria such as event location, type, cost, and other similar event
features. Once the content for the calendar has been determined, Artsopolis ensures that the
appropriate content is displayed.
The cost to create a Saratoga community calendar is $5,000 for the first year and $3,500 each
year thereafter to cover the cost of maintaining the calendar.
During the 2008 Council Retreat, staff was also asked to provide the Council with additional
information on a community calendar maintained by the Saratoga Chamber of Commerce.
Currently, the Chamber is already posting community events on the Chamber’s online
calendar—including events hosted by the Saratoga Village Development Council, the Saratoga
Historical Foundation, and the City of Saratoga. Community organizations can submit calendar
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items by sending event information to Elizabeth Johns, Office Manager for the Chamber of
Commerce.
This community calendar is being maintained at no cost to the City or to local organizations that
have posted calendar events.
FISCAL IMPACTS:
If Council chooses to direct staff to work with Artsopolis to create an online community calendar
of events, the cost will be $5,000 for the first year and $3,500 each year thereafter. There is no
cost to the City or community partners for posting events on the Saratoga Chamber of Commerce
online calendar.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
If the City Council chooses to use an online community calendar managed by Artsopolis then
staff will identify potential funding sources for the online community calendar.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Mock up of Saratoga online community calendar powered by Artsopolis
Attachment B: Artsopolis event submission page
Attachment C: Saratoga Chamber of Commerce community calendar
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Review the possible formation of an Economic Development Committee
RECOMMENDED ACTION:
Review report and direct Staff accordingly.
REPORT SUMMARY:
At the City Council retreat in February the Council discussed the economic vitality of the City.
During this discussion the City Council requested that staff agendize for discussion the possible
formation of an Economic Development Committee.
DISCUSSION:
As a result of the ideas generated from the Council’s discussion of economic vitality at its
February retreat, the Council has contracted with a consultant to provide a retail assessment
report for the City. This report will show where citizens spend their money, allow the City to
seek out retailers that provide those services, and help existing retailers focus on products or
services our residents now purchase elsewhere.
In order to build on the work of the retail assessment it has been suggested that the City create
some form of Economic Development Committee. The committee could be charged with
reviewing the information from this report and prior reports and developing an Economic
Development Plan that they could recommend to the City Council. There are several options
available for structuring a committee, or as an alternative a commission:
1. As a Council ad hoc committee. This would consist of two Council members. They
would investigate issues as directed by the Council and report back. Their meetings
would be informal and would not require public notice. Following their final report to
the City Council the ad hoc would cease operations.
2. As an advisory committee. An advisory committee would include any number of
Saratoga residents as determined by the Council and could include Council members if
desired. Like the ad hoc, the committee would investigate issues as directed by the
Council and report back to the Council. Alternatively they could report to the
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Community Development Director who is responsible for economic development issues
(this would be similar to the Pedestrian, Equestrian, and Bicycle Trails Advisory
Committee that advises the Public Works Director). These meetings would be formal
and would require public notice and procedures in accordance with the Brown Act. The
Committee could be for a limited term (e.g., until it makes its final report to Council) or
operate on a long term basis.
3. As a Commission. A Commission would be a standing body created to provide advice to
the City Council on an ongoing basis. It would be structured similar to other City
Commissions such as the Historic Preservation Commission or Parks and Recreation
Commission. These meetings would be formal and would require public notice and
procedures in accordance with the Brown Act.
FISCAL IMPACTS:
The formation of an Ad Hoc Committee would require minimal staff time and would not require
any formal noticing of the meetings. Staff would attend the meetings in an advisory capacity.
Work generated from the Ad Hoc Committee would be implemented as part of the staff work
program. An advisory committee or commission would require additional staff time to comply
with Brown Act requirements and to provide the level of support that Council directs staff to
provide to the Committee or Commission. Depending on the types of projects pursued by the
committee or commission it may be possible to have work performed by volunteers.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
There would be no Committee or Commission to actively promote Economic Development in
the City.
ALTERNATIVE ACTION:
Discussed above.
FOLLOW UP ACTION:
As directed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
None
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SARATOGA CITY COUNCIL
MEETING DATE: April 2, 2008 AGENDA ITEM:
ORIGINATING DEPT: Office of City Clerk CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD:
SUBJECT: Code of Ethics
RECOMMENDED ACTION(S):
Review report and direct staff accordingly.
REPORT SUMMARY:
Democratic government requires that decision-makers be independent, impartial and accountable
to the people they serve.
At the February 1, 2008, Council Retreat staff was directed to research a Code of Ethics policy
that could be implemented into the City of Saratoga’s Council Policies and be made a part of the
training program for new council members. The Code of Ethics policy would be designed to
increase public trust and confidence in government by promoting and maintaining the highest
standards of personal and professional conduct among the people who represent the City of
Saratoga.
There are several options the Council could pursue if it desires to adopt a Code of Ethics policy:
1. Adopt City of Santa Clara’s Code of Ethics as is or with minor revisions.
2. Direct staff to agendize 3 Council Study Sessions for Council to develop a Code tailored
to Saratoga using the process in the League of California Cities handbook.
3. Form an Adhoc to work with staff to bring other options back to Council.
Attached is a copy of the Code of Ethics and Values used by the City of Santa Clara. The City of
Santa Clara has received top honors in a State recognition program for political candidates to use
as a campaign guideline. Santa Clara’s Code of Ethics and Values was adopted in March of 2000
and modified in August 2001. It is designed to provide clear, positive statements of ethical
behavior reflecting the core values of the community.
The second attachment is an excerpt from the League of California Cities (LCC) handbook
which provides a step-by-step process for developing a Local Agency Ethics Code; which could
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be used as a guideline for developing a Code of Ethics tailored to fit the needs and values of the
City of Saratoga.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Council Policies would remain as is and there would be no implementation of a Code of Ethics
policy for current and future council members for the City of Saratoga.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Agenda.
ATTACHMENTS:
1. – City of Santa Clara’s Code of Ethics and Values
2. – LCC excerpt from Developing a Local Agency Ethics Code
2 of 3
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